Chapter CXVI
EULOGY ON SENATOR LINN: SPEECHES OF MR. BENTON AND MR. CRITTENDEN.
IN SENATE: Tuesday, December 12, 1843.--
The death of Senator LINN.
The journal having been read, Mr. Benton rose and said:
"Mr. PRESIDENT:--I rise to make to the Senate the formal communication of an event which has occurred during the recess, and has been heard by all with the deepest regret. My colleague and friend, the late Senator Linn, departed this life on Tuesday, the 3d day of October last, at the early age of forty-eight years, and without the warnings or the sufferings which usually precede our departure from this world. He had laid him down to sleep, and awoke no more. It was to him the sleep of death! and the only drop of consolation in this sudden and calamitous visitation was, that it took place in his own house, and that his unconscious remains were immediately surrounded by his family and friends, and received all the care and aid which love and skill could give.
"I discharge a mournful duty, Mr. President, in bringing this deplorable event to the formal notice of the Senate; in offering the feeble tribute of my applause to the many virtues of my deceased colleague, and in asking for his memory the last honors which the respect and affection of the Senate bestow upon the name of a deceased brother.
"LEWIS FIELD LINN, the subject of this annunciation, was born in the State of Kentucky, in the year 1795, in the immediate vicinity of Louisville. His grandfather was Colonel William Linn, one of the favorite officers of General George Rodgers Clark, and well known for his courage and enterprise in the early settlement of the Great West. At the age of eleven he had fought in the ranks of men, in the defence of a station in western Pennsylvania, and was seen to deliver a deliberate and effective fire. He was one of the first to navigate the Ohio and Mississippi from Pittsburg to New Orleans, and back again--a daring achievement, which himself and some others accomplished for the public service, and amidst every species of danger, in the year 1776. He was killed by the Indians at an early period; leaving a family of young children, of whom the worthy Colonel William Pope (father of Governor Pope, and head of the numerous and respectable family of that name in the West) became the guardian. The father of Senator LINN was among these children; and, at an early age, skating upon the ice near Louisville, with three other boys, he was taken prisoner by the Shawanee Indians, carried off, and detained captive for three years, when all four made their escape and returned home, by killing their guard, traversing some hundred miles of wilderness, and swimming the Ohio River. The mother of Senator LINN was a Pennsylvanian by birth; her maiden name Hunter; born at Carlisle; and also had heroic blood in her veins. Tradition, if not history, preserves the recollection of her courage and conduct at Fort Jefferson, at the Iron Banks, in 1781, when the Indians attacked and were repulsed from that post. Women and boys were men in those days.
"The father of Senator LINN died young, leaving this son but eleven years of age. The cares of an elder brother[5] supplied (as far as such a loss could be supplied) the loss of a father; and under his auspices the education of the orphan was conducted. He was intended for the medical profession, and received his education, scholastic and professional, in the State of his nativity. At an early age he was qualified for the practice of medicine, and commenced it in the then territory, now State, of Missouri; and was immediately amongst the foremost of his profession. Intuitive sagacity supplied in him the place of long experience; and boundless benevolence conciliated universal esteem. To all his patients he was the same; flying with alacrity to every call, attending upon the poor and humble as zealously as on the rich and powerful, on the stranger as readily as on the neighbor, discharging to all the duties of nurse and friend as well as of physician, and wholly regardless of his own interest, or even of his own health, in his zeal to serve and to save others.
[5] General now Senator Henry Dodge.
"The highest professional honors and rewards were before him. Though commencing on a provincial theatre, there was not a capital in Europe or America in which he would not have attained the front rank in physic or surgery. But his fellow-citizens perceived in his varied abilities, capacity and aptitude for service in a different walk. He was called into the political field by an election to the Senate of his adopted State. Thence he was called to the performance of judicial duties, by a federal appointment to investigate land titles. Thence he was called to the high station of senator in the Congress of the United States--first by an executive appointment, then by three successive almost unanimous elections. The last of those elections he received but one year ago, and had not commenced his duties under it--had not sworn in under the certificate which attested it--when a sudden and premature death put an end to his earthly career. He entered this body in the year 1833; death dissolved his connection with it in 1843. For ten years he was a beloved and distinguished member of this body; and surely a nobler or a finer character never adorned the chamber of the American Senate.
"He was my friend; but I speak not the language of friendship when I speak his praise. A debt of justice is all that I can attempt to discharge: an imperfect copy of the true man is all that I can attempt to paint.
"A sagacious head, and a feeling heart, were the great characteristics of Dr. LINN. He had a judgment which penetrated both men and things, and gave him near and clear views of far distant events. He saw at once the bearing--the remote bearing of great measures, either for good or for evil; and brought instantly to their support, or opposition, the logic of a prompt and natural eloquence, more beautiful in its delivery, and more effective in its application, than any that art can bestow. He had great fertility of mind, and was himself the author and mover of many great measures--some for the benefit of the whole Union--some for the benefit of the Great West--some for the benefit of his own State--many for the benefit of private individuals. The pages of our legislative history will bear the evidences of these meritorious labors to a remote and grateful posterity.
"Brilliant as were the qualities of his head, the qualities of his heart still eclipse them. It is to the heart we look for the character of the man; and what a heart had LEWIS LINN! The kindest, the gentlest, the most feeling, and the most generous that ever beat in the bosom of bearded man! And yet, when the occasion required it, the bravest and the most daring also. He never beheld a case of human woe without melting before it; he never encountered an apparition of earthly danger without giving it defiance. Where is the friend, or even the stranger, in danger, or distress, to whose succor he did not fly, and whose sorrowful or perilous case he did not make his own? When--where--was he ever called upon for a service, or a sacrifice, and rendered not, upon the instant, the one or the other, as the occasion required?
"The senatorial service of this rare man fell upon trying times--high party times--when the collisions of party too often embittered the ardent feelings of generous natures; but who ever knew bitterness, or party animosities in him? He was, indeed, a party man--as true to his party as to his friend and his country; but beyond the line of duty and of principle--beyond the debate and the vote--he knew no party, and saw no opponent. Who among us all, even after the fiercest debate, ever met him without meeting the benignant smile and the kind salutation? Who of us all ever needed a friend without finding one in him? Who of us all was ever stretched upon the bed of sickness without finding him at its side? Who of us all ever knew of a personal difficulty of which he was not, as far as possible, the kind composer?
"Such was Senator Linn, in high party times, here among us. And what he was here, among us, he was every where, and with every body. At home among his friends and neighbors; on the high road among casual acquaintances; in foreign lands among strangers; in all, and in every of these situations, he was the same thing. He had kindness and sympathy for every human being; and the whole voyage of his life was one continued and benign circumnavigation of all the virtues which adorn and exalt the character of man. Piety, charity, benevolence, generosity, courage, patriotism, fidelity, all shone conspicuously in him, and might extort from the beholder the impressive interrogatory, 'For what place was this man made?' Was it for the Senate, or the camp? For public or for private life? For the bar or the bench? For the art which heals the diseases of the body, or that which cures the infirmities of the State? For which of all these was he born? And the answer is, 'For all!' He was born to fill the largest and most varied circle of human excellence; and to crown all these advantages, Nature had given him what the great Lord Bacon calls a perpetual letter of recommendation--a countenance, not only good, but sweet and winning--radiant with the virtues of his soul--captivating universal confidence; and such as no stranger could behold--no traveller, even in the desert, could meet, without stopping to reverence, and saying 'Here is a man in whose hands I could deposit life, liberty, fortune, honor!' Alas! that so much excellence should have perished so soon! that such a man should have been snatched away at the early age of forty-eight, and while all his faculties were still ripening and developing!
"In the life and character of such a man, so exuberant in all that is grand and beautiful in human nature, it is difficult to particularize excellences or to pick out any one quality, or circumstance, which could claim pre-eminence over all others. If I should attempt it, I should point, among his measures for the benefit of the whole Union, to the Oregon Bill; among his measures for the benefit of his own State, to the acquisition of the Platte Country; among his private virtues, to the love and affection which he bore to that brother--the half-brother only--who, only thirteen years older than himself had been to him the tenderest of fathers. For twenty-nine years I had known the depth of that affection, and never saw it burn more brightly than in our last interview, only three weeks before his death. He had just travelled a thousand miles out of his way to see that brother; and his name was still the dearest theme of his conversation--a conversation, strange to tell! which turned, not upon the empty and fleeting subjects of the day, but upon things solid and eternal--upon friendship, and upon death, and upon the duties of the living to the dead. He spoke of two friends whom it was natural to believe that he should survive, and to whose memories he intended to pay the debt of friendship. Vain calculation! Vain impulsion of generosity and friendship! One of these two friends now discharges that mournful debt to him: the other[6] has written me a letter, expressing his 'deep sorrow for the untimely death of our friend, Dr. LINN.'"
[6] General Jackson.
Mr. BENTON then offered the following resolutions:
"Resolved unanimously, That the members of the Senate, from sincere desire of showing every mark of respect due to the memory of the Hon. LEWIS F. LINN, deceased, late a member thereof, will go into mourning, by wearing crape on the left arm for thirty days.
"Resolved unanimously, That, as an additional mark of respect for the memory of the Hon. LEWIS F. LINN, the Senate do now adjourn."
"Mr. CRITTENDEN said: I rise, Mr. President, to second the motion of the honorable senator from Missouri, and to express my cordial concurrence in the resolutions he has offered.
"The highest tribute of our respect is justly due to the honored name and memory of Senator Linn, and there is not a heart here that does not pay it freely and plenteously. These resolutions are but responsive to the general feeling that prevails throughout the land, and will afford to his widow and his orphans the consolatory evidence that their country shares their grief, and mourns for their bereavement.
"I am very sensible, Mr. President, that the very appropriate, interesting, and eloquent remarks of the senator from Missouri [Mr. BENTON] have made it difficult to add any thing that will not impair the effect of what he has said; but I must beg the indulgence of the Senate for a few moments. Senator Linn was by birth a Kentuckian, and my countryman. I do not dispute the claims of Missouri, his adopted State; but I wish it to be remembered, that I claim for Kentucky the honor of his nativity; and by the great law that regulates such precious inheritances, a portion, at least, of his fame must descend to his native land. It is the just ambition and right of Kentucky to gather together the bright names of her children, no matter in what lands their bodies may be buried, and to preserve them as her jewels and her crown. The name of Linn is one of her jewels; and its pure and unsullied lustre shall long remain as one of her richest ornaments.
"The death of such a man is a national calamity. Long a distinguished member of this body, he was continually rewarded with the increasing confidence of the great State he so honorably represented; and his reputation and usefulness increased at every step of his progress.
"In the Senate his death is most sensibly felt. We have lost a colleague and friend, whose noble and amiable qualities bound us to him as with 'hooks of steel.' Who of us that knew him can forget his open, frank, and manly bearing--that smile, that seemed to be the pure, warm sunshine of the heart, and the thousand courtesies and kindnesses that gave a 'daily beauty to his life?'
"He possessed a high order of intellect; was resolute, courageous, and ardent in all his pursuits. A decided party man, he participated largely and conspicuously in the business of the Senate and the conflicts of its debates; but there was a kindliness and benignity about him, that, like polished armor, turned aside all feelings of ill-will or animosity. He had political opponents in the Senate, but not one enemy.
"The good and generous qualities of our nature were blended in his character;
'---- and the elements So mixed in him, that Nature might stand up And say to all the world--This was a man.'"
The resolutions were then adopted, and the Senate adjourned.
Chapter CXVII
THE COAST SURVEY: ATTEMPT TO DIMINISH ITS EXPENSE, AND TO EXPEDITE ITS COMPLETION, BY RESTORING THE WORK TO NAVAL AND MILITARY OFFICERS.
Under the British government, not remarkable for its economy, the survey of the coasts is exclusively made by naval officers, and the whole service presided by an admiral, of some degree--usually among the lowest; and these officers survey not only the British coasts throughout all their maritime possessions, but the coasts of other countries where they trade, when it has not been done by the local authority. The survey of the United States began in the same way, being confined to army and navy officers; and costing but little: now it is a civil establishment, and the office which conducts it has almost grown up into a department, under a civil head, and civil assistance costing a great annual sum. From time to time efforts have been made to restore the naval superintendence of this work, as it was when it was commenced under Mr. Jefferson: and as it now is, and always has been, in Great Britain. At the session 1842-'3, this effort was renewed; but with the usual fate of all attempts to put an end to any unnecessary establishment, or expenditure. A committee of the House had been sitting on the subject for two sessions, and not being able to agree upon any plan, proposed an amendment to the civil and diplomatic appropriation bill, by which the legislation, which they could not agree upon, was to be referred to a board of officers; and their report, when accepted by the President, was to become law, and to be carried into effect by him. Their proposition was in these words:
"That the sum of one hundred thousand dollars be appropriated, out of any money in the Treasury not otherwise appropriated, for continuing the survey of the coast of the United States: Provided, That this, and all other appropriations hereafter to be made for this work, shall, until otherwise provided by law, be expended in accordance with a plan of re-organizing the mode of executing the survey, to be submitted to the President of the United States by a board of officers which shall be organized by him, to consist of the present superintendent, his two principal assistants, and the two naval officers now in charge of the hydrographical parties, and four from among the principal officers of the corps of topographical engineers; none of whom shall receive any additional compensation whatever for this service, and who shall sit as soon as organized. And the President of the United States shall adopt and carry into effect the plan of said board, as agreed upon by a majority of its members; and the plan of said board shall cause to be employed as many officers of the army and navy of the United States as will be compatible with the successful prosecution of the work; the officers of the navy to be employed on the hydrographical parts, and the officers of the army on the topographical parts of the work. And no officer of the army or navy shall hereafter receive any extra pay, out of this or any future appropriations, for surveys."
In support of this proposition, Mr. Mallory, the mover of it, under the direction of the committee, said:
"It would be perceived by the House, that this amendment proposed a total re-organization of the work; and if it should be carried out in the spirit of that amendment, it would correct many of the abuses which some of them believed to exist and would effect a saving of some $20,000 or $30,000, by dispensing with the services of numerous civil officers, believed not to be necessary, and substituting for them officers of the topographical corps and officers of the navy. The committee had left the plan of the survey to be decided on by a board of officers, and submitted to the President for his approval, as they had not been able to agree among themselves on any detailed plan. He had, to be sure, his own views as to how the work should be carried on; but as they did not meet the concurrence of a majority of the committee, he could not bring them before the House in the form of a report."
This was the explanation of the proposition. Not being able to agree to any act of legislation themselves, they refer it to the President, and a board, to do what they could not, but with an expectation that abuses in the work would be corrected, expense diminished, and naval and military officers substituted, as far as compatible with the successful prosecution of the work. This was a lame way of getting a reform accomplished. To say nothing of the right to delegate legislative authority to a board and the President, that mode of proceeding was the most objectionable that could have been devised. It is a proverb that these boards are a machine in the hands of the President, in which he and they equally escape responsibility--they sheltering themselves under his approval--he, under their recommendation and, to make sure of his approval, it is usually obtained before the recommendation is made. This proposed method of effecting a reform was not satisfactory to those who wished to see this branch of the service subjected to an economical administration, and brought to a conclusion within some reasonable time. With that view, Mr. Charles Brown, of Pennsylvania, moved a reduction of the appropriation of more than one half, and a transference of the work from the Treasury department (where it then was) to the navy department where it properly belonged; and proposed the work to be done by army and naval officers. In support of his proposal, he said:
"The amendment offered under the instructions of the committee, did not look to the practical reform which the House expected when this subject was last under discussion. He believed, that there was a decided disposition manifested in the House to get clear of the present head of the survey; yet the amendment of the gentleman brought him forward as the most prominent member of it. He thought the House decided, when the subject was up before, that the survey should be carried on by the officers of the general government; and he wished it to be carried on in that way now. He did not wish to pay some hundred thousand dollars as extra pay for officers taken from private life, when there were so many in the navy and army perfectly competent to perform this service. This work had cost nearly a million of dollars ($720,000) by the employment of Mr. Hassler and his civil assistants alone, without taking into consideration the pay of the officers of the navy and army who were engaged in it."
The work had then been in hand for thirty years, and the average expense of each year would be $22,000; but it was now increased to a hundred thousand; and Mr. Brown wished it carried back more than half--a saving to be effected by transferring the work to the Navy Department, where there were so many officers without employment--receiving pay, and nothing to do. In support of his proposal, Mr. Brown went into an examination of the laws on the subject, to show that this work was begun under a law to have it done as he proposed; and he agreed that the army and navy officers (so many of whom were without commands), were competent to it; and that it was absurd to put it under the Treasury Department.
"The law of February 10, 1807, created the coast survey, put it in the hands of the President, and authorized him to use army and navy officers, navy vessels, astronomers, and other persons. In August, 1816 Mr. Hassler was appointed superintendent. His agreement was to "make the principal triangulation and consequent calculations himself; to instruct the engineer and naval officers employed under him; and he wanted two officers of engineers, topographical or others, and some cadets of said corps, in number according to circumstances. April 14, 1818, that part of the law of 1807 was repealed which authorized the employment of other persons than those belonging to the army and navy. Up to this time over $55,000 were expended in beginning the work and buying instruments, for which purpose Mr. Hassler was in England from August 1811, to 1815.
"June 10, 1832, the law of 1807 was revived, and Mr. Hassler was again appointed superintendent. The work has been going on ever since. The coast has been triangulated from Point Judith to Cape Henlopen (say about 300 miles); but only a part of the off-shore soundings have been taken. There are about 3,000 miles of seaboard to the United States. $720,000 have been expended already. It is stated, in Captain Swift's pamphlet, that the survey of the coast was under the Treasury Department, because Mr. Hassler was already engaged under that department, making weights and measures. These are all made now. When the coast survey was begun, the topographical corps existed but in name. In 1838, it was organized and enlarged, and is now an able and useful corps. Last year Congress established a hydrographical bureau in the Navy Department. There are numbers of naval officers capable of doing hydrographical duties under this bureau. The coast survey is the most important topographical and hydrographical work in the country. We have a topographical and a hydrographical bureau, yet neither of them has any connection with this great national work. Mr. Hassler has just published from the opinion of the Marquis de La Place (Chamber of Peers, session of 1816-'17), upon the French survey, this valuable suggestion, viz: 'Perhaps even the great number of geographical engineers which our present state of peace allows to employ in this work, to which it is painful to see them strangers, would render an execution more prompt, and less expensive.'
"The Florida war is now over; many works of internal improvement are suspended; there must be topographical officers enough for the coast survey. The Russian government has employed an able American engineer to perform an important scientific work; but that wise government requires that all the assistants shall come from its corps of engineers, which is composed of army and navy officers. If the coast survey is to be a useful public work, let the officers conduct it under their bureaus. The officers would then take a pride in this duty, and do it well, and do it cheap. The supervision of the bureaus would occasion system, fidelity, and entire responsibility. More than $30,000 are now paid annually to citizens, for salary out of the coast survey appropriation. This could be saved by employing officers. Make exclusive use of them, and half the present annual appropriation would suffice. Can the treasury department manage the survey understandingly? The Secretary of the Treasury has already enough to do in the line of his duty; and, as far as the survey is concerned, a clerk in the Treasury Department is the secretary. Can a citizen superintendent, of closet and scientific habits; or can a clerk in the Treasury Department, manage, with efficiency and economy, so many land and water parties, officers, men, vessels, and boats? The Navy Department pays out of the navy appropriation the officers and men now lent to the Treasury for the survey. The Secretary of the Navy appears to have no control over the expenditures of this part of the naval appropriation. He does not even select the officers detailed for this duty, though he knows his own material best, and those who are most suitable. This navy duty has become treasury patronage, with commands, extra pay, &c.
"The Treasury Department has charge of the vessels; they are bought by the coast-survey appropriation; the off-shore soundings are only in part taken. There are not vessels enough, and of the right sort, to take these soundings, and in the right way. Steamers are wanted. The survey appropriation cannot bear the expense, but if the Navy Department had charge of the hydrography, it could put suitable vessels on the coast squadron, and employ them on the coast survey, agreeably to the law of 1807. Last year the vessels did no soundings until about the 1st of June, although the spring opened early. The Treasury had not the means to equip the vessels until the appropriation bill passed Congress. But if the navy had charge of vessels, the few naval stores they wanted might have been furnished from the navy stores, or given from second-hand articles not on charge at the yards. Had good arrangements been made, the Delaware Bay might readily have been finished last fall, and the chart of it got out at once. Now, the topographical corps makes surveys for defences; the navy officers make charts along the coast; and the coast survey goes over the same place a third time. If the officers did this work, the army might get the military information, and the navy the hydrographical knowledge, which the interest of the country requires that each of these branches of the public defence should have; and this, at the expense of but one survey; for, at places where defences might be required, the survey could be done with the utmost minuteness. The officers of the army and navy need not clash. The topographical corps (aided by junior navy officers willing to serve under that bureau--and the recent Florida war and the present coast survey system, show that navy officers are willing to serve, for the public good, under other departments than their own) would do the topography and furnish the shore line. The hydrographical officers would receive the shore line, take the soundings, and make the chart. The same principle is now at work, and works well. The navy officers now get the shore line from the citizens in the shore parties. The President could direct the War and Navy Secretaries to make such rules, through the bureaus, as would obviate every difficulty. Employing officers would secure for the public, system, economy, and despatch. The information obtained would be got by the right persons and kept in the right hands. Government would have complete command of the persons employed; and should the work ever be suspended, might, at pleasure, set them to work again on the same duty. The survey he wished to be prosecuted without delay; and all he wanted was to have it under the most efficient management. If it was found that the officers of the navy and army were not competent, it could be remedied hereafter; but it was due to them to give them a fair trial, before they were condemned. Certainly they ought not to be disgraced and condemned in advance. It was an insult to them to suppose that Mr. Hassler was the only man in the country capable of superintending this work; and that they could not carry on the survey of our coast by triangulation. They had been for some time, and were now, surveying the lakes; and he believed their surveys would be equally correct with Mr. Hassler's. We had a bureau of hydrography of the navy, and a corps of topographical engineers, which were expressly created to perform this kind of service; while there was the military academy at West Point, which qualified the officers to perform it. The people would hardly believe that these officers (educated at the expense of the government) were not capable of performing the services for which they were educated; and if they thought so, they would be for abolishing that institution. They would say that these officers should be dismissed, and others appointed in their places, who were qualified.
"He never could acknowledge that there was no other man but Mr. Hassler in the country capable of carrying on the work. This might have been the case when he was first appointed, thirty years ago; but since that time they had a number of officers educated at the military academy, while many others in the civil walks of life had qualified themselves for scientific employments. He was sure that the officers of the army and navy were competent to perform this work. There was but little now for the topographical engineers to do; and he had no doubt that many of them, as well as officers of the navy, would be glad to be employed on the coast survey. Indeed, several officers of the navy had told him that they would like such employment, rather than be idle, as they then were. From the rate the coast survey had thus far proceeded, it would take more than a hundred years to complete it. Certainly this was too slow. He hoped, therefore, a change would be made. In the language of the report of Mr. Aycrigg: 'We should then have the survey conducted on a system of practical utility, and moving right end foremost.'"
These were wise suggestions, and unanswerable; but although they could not be answered they could be prevented from becoming law. Instead of reform of abuses, reduction of expense, and speedy termination of the work, all the evils intended to be reformed went on and became greater than ever, and all are still kept up upon the same arguments that sustained the former. It is worthy of note to hear the same reason now given for continuing the civilian, Mr. Bache, at the head of this work, which was given for thirty years for retaining Mr. Hassler in the same place, namely, that there is no other man in the country that can conduct the work. But that is a tribute which servility and interest will pay to any man who is at the head of a great establishment; and is always paid more punctually where the establishment ought to be abolished than where it ought to be preserved; and for the obvious reason, that the better one can stand on its own merits, while the worse needs the support of incessant adulation. Mr. Brown's proposal was rejected--the other adopted; and the coast survey now costs above five hundred thousand dollars a year in direct appropriations, besides an immense amount indirectly in the employment of government vessels and officers: and no prospect of its termination. But the friends of this great reform did not abandon their cause with the defeat of Mr. Brown's proposition. Another was offered by Mr. Aycrigg of New Jersey, who moved to discontinue the survey until a report could be made upon it at the next session; and for this motion there were 75 yeas--a respectable proportion of the House, but not a majority. The yeas were:
"Messrs. Landaff W. Andrews, Sherlock J. Andrews, Thomas D. Arnold, John B. Aycrigg, Alfred Babcock, Henry W. Beeson, Benjamin A. Bidlack, David Bronson, Aaron V. Brown, Milton Brown, Edmund Burke, William B. Campbell, Thomas J. Campbell, Robert L. Caruthers, Zadok Casey, Reuben Chapman, Thomas C. Chittenden, James Cooper, Mark A. Cooper, Benjamin S. Cowen, James H. Cravens, John R. J. Daniel, Garrett Davis, Ezra Dean, Edmund Deberry, Andrew W. Doig, John Edwards, John C. Edwards, Joseph Egbert, William P. Fessenden, Roger L. Gamble, Thomas W. Gilmer, Willis Green, William Halsted, Jacob Houck, jr., Francis James, Cave Johnson, Nathaniel S. Littlefield, Abraham McClellan, James J. McKay, Alfred Marshall, John Mattocks, John P. B. Maxwell, John Maynard, William Medill, Christopher Morgan, William M. Oliver, Bryan Y. Owsley, William W. Payne, Nathaniel G. Pendleton, Francis W. Pickens, John Pope, Joseph F. Randolph, Kenneth Rayner, Abraham Rencher, John Reynolds, Romulus M. Saunders, Tristram Shaw, Augustine H. Shepperd, Benjamin G. Shields, William Slade, Samuel Stokely, Charles C. Stratton, John T. Stuart, John B. Thompson, Philip Triplett. Hopkins L. Turney, David Wallace, Aaron Ward, Edward D. White, Joseph L. White, Joseph L. Williams, Thomas Jones Yorke, John Young."
The friends of economy in Congress, when once more strong enough to form a party, will have a sacred duty to perform to the country--that of diminishing, by nearly one-half, the present mad expenditures of the government: and the abolition of the present coast-survey establishment should be among the primary objects of retrenchment. It is a reproach to our naval and military officers, and besides untrue in point of fact, to assume them to be incapable of conducting and of performing this work: it is a reproach to Congress to vote annually an immense sum on the civil superintendence and conduct of this work, when there are more idle officers on the pay-roll than could be employed upon it.
Chapter CXVIII
DEATH OF COMMODORE PORTER, AND NOTICE OF HIS LIFE AND CHARACTER.
The naval career of Commodore Porter illustrates in the highest degree that which almost the whole of our naval officers, each according to his opportunity, illustrated more or less--the benefits of the cruising system in our naval warfare. It was the system followed in the war of the Revolution, in the quasi war with France, and in the war of 1812--imposed upon us by necessity in each case, not adopted through choice. In neither of these wars did we possess ships-of-the-line and fleets to fight battles for the dominion of the seas; fortunately, we had not the means to engage in that expensive and fatal folly; but we had smaller vessels (frigates the largest) to penetrate every sea, attack every thing not too much over size, to capture merchantmen, and take shelter when pressed where ships-of-the-line and fleets could not follow. We had the enterprising officers which a system of separate commands so favorably developes, and the ardent seamen who looked to the honors of the service for their greatest reward. Wages were low; but reward was high when the man before the mast, or the boy in the cabin, could look upon his officer, and see in his past condition what he himself was, and in his present rank what he himself might be. Merit had raised one and might raise the other.
The ardor for the service was then great; the service itself heroic. A crew for a frigate has been raised in three hours. Instant sailing followed the reception of the order. Distant and dangerous ground was sought, fierce and desperate combat engaged; and woe to the enemy that was not too much over size! Five, ten, twenty minutes would make her a wreck and a prize. Almost every officer that obtained a command showed himself an able commander. Every crew was heroic; every cruise daring: every combat a victory, where proximate equality rendered it possible. Never did any service, in any age or country, exhibit so large a proportion of skilful, daring, victorious commanders, mainly developed by the system of warfare which gave so many a chance to show what they were. Necessity imposed that system; judgment should continue it. Economy, efficiency, utility, the impossibility of building a navy to cope with the navies of the great maritime Powers, and the insanity of doing it if we could, all combine to recommend to the United States the system of naval warfare which does the most damage to the enemy with the least expense to ourselves, which avoids the expensive establishments which oppress the finances of other nations, and which renders useless, for want of an antagonist, the great fleets which they support at so much cost.
Universally illustrated as the advantages of this system were by almost all our officers in the wars of the Revolution, of '98, and 1812, it was the fortune of Commodore Porter, in the late war with Great Britain, to carry that illustration to its highest point, and to show, in the most brilliant manner, what an American cruiser could do. Of course we speak of his cruise in the Pacific Ocean, prefaced by a little preliminary run to the Grand Banks, which may be considered as part of it--a cruise which the boy at school would read for its romance, the mature man for its history, the statesman for the lesson which it teaches.
The Essex, a small frigate of thirty-two guns, chiefly carronades, and but little superior to a first-class sloop-of-war of the present day, with a crew of some three hundred men, had the honor to make this illustrious cruise. Leaving New York in June, soon after the declaration of war, and making some small captures, she ran up towards the Grand Banks, and in the night discovered a fleet steering north, all under easy sail and in open order, wide spaces being between the ships. From their numbers and the course they steered Captain Porter judged them to be enemies, and wished to know more about them.
Approaching the sternmost vessel and entering into conversation with her, he learnt that the fleet was under the convoy of a frigate, the Minerva, thirty-six guns, and a bomb-vessel, both then ahead; and that the vessels of the fleet transported one thousand soldiers. He could have cut off this vessel easily, but the information he had received opened a more brilliant prospect. He determined to pass along through the fleet, the Essex being a good sailer, speaking the different vessels as he quietly passed them, get alongside of the frigate, and carry her by an energetic attack. In execution of this plan he passed on without exciting the least suspicion, and came up with the next vessel; but this second one was more cautious than the first, and, on the Essex's ranging up alongside of her, she took alarm and announced her intention to give the signal of a stranger having joined the fleet. This put an end to disguise and brought on prompt action. The vessel, under penalty of being fired into, was instantly ordered to surrender and haul out of the convoy. This was so quietly done as to be unnoticed by the other ships. On taking possession of her she was found to be filled with soldiers, one hundred and fifty of them, and all made prisoners of war.
A few days afterwards the Essex fell in with the man-of-war Alert, of twenty guns and a full crew. The Alert began the action. In eight minutes it was finished, and the British ship only saved from sinking by the help of her captors. It was the first British man-of-war taken in this contest, and so easily, that not the slightest injury was done to the Essex, either to the vessel or her crew. Crowded now with prisoners (for the crew of the Alert had to be taken on board, in addition to the one hundred and fifty soldiers and the previous captures), all chafing in their bondage, and ready to embrace the opportunity of the first action to rise, Captain Porter agreed with the commander of the Alert to convert her into a cartel, and send her into port at St. John's, with the prisoners, to await their exchange. Continuing her cruise, the Essex twice fell in with the enemy's frigates having other vessels of war in company, so that a fair engagement was impossible. The Essex then returned to the Delaware to replenish her stores, and, sailing thence in October, 1812, she fairly commenced her great cruise.
Captain Porter was under orders to proceed to the coast of Brazil, and join Commodore Bainbridge at a given rendezvous, cruising as he went. It was not until after he had run the greater part of the distance, crossing the equator, that he got sight of the first British vessel, a small man-of-war brig, discovered in the afternoon, chased, and come up with in the night, having previously boldly shown her national colors. The two vessels were then within musket shot. Not willing to hurt a foe too weak to fight him, Captain Porter hailed and required the brig to surrender. Instead of complying, the arrogant little man-of-war turned upon its pursuer, attempting to cross the stern of the Essex, with the probable design to give her a raking fire and escape in the dark. Still the captain would not open his guns upon so diminutive a foe until he had tried the effect of musketry upon her. A volley was fired into her, killing one man, when she struck. It was the British government packet Nocton, ten guns, thirty-one men, and having fifty-five thousand silver dollars on board.
Pursuing his cruise south to the point of rendezvous, an English merchant vessel was captured, one of a convoy of six which had left Rio the evening before in charge of a man-of-war schooner. The rest of the convoy was out of sight, but, taking its track, a long and fruitless chase was given; and the Essex repaired to the point of rendezvous, without meeting with further incident. Commodore Bainbridge had been there, and had left; and, being now under discretionary orders, Captain Porter determined to use the discretion with which he was invested, and took the bold resolution to double Cape Horn, enter the Pacific Ocean, put twenty thousand miles between his vessel and an American port, and try his fortune among British whalers, merchantmen, and ships-of-war in that vast and remote sea.
It was a bold enterprise, such as few governments would have ordered, which many would have forbid, and which the undaunted resolution of a bold commander alone could take. He had every thing against him: no depots, no means of repairing or refitting; only one chart; the Spanish American States subservient to the British, and unreliable for the impartiality of neutrals, much less for the sympathy of neighbors. He was deficient both in provisions and naval stores, but expected to furnish himself from the enemy, whose vessels in that capacious and distant sea, were always well supplied; and the silver taken from the British government packet would be a means towards paying wages.
In the middle of January, after a most tempestuous passage, he had doubled the Cape, entered the Pacific, his characteristic motto, FREE TRADE AND SAILORS' RIGHTS, at the mast-head, and ran for Valparaiso--the great point of maritime resort in the South Pacific. He had expected to find it a Spanish town, as it was when he left the United States: he found it Chilian, for Chili, in the mean time, had declared her independence: and this change he had a right to deem favorable, as, in addition to the advantages of conventional neutrality, it was fair to count upon the good feeling of a young and neighboring republic. In this he was not disappointed, being well received, meeting good treatment, obtaining supplies, and acquiring valuable information. He learnt that the American whalers were in great danger, most of them ignorant of the war, cruisers in pursuit of them, and one already taken. He learnt also that the Viceroy of Peru had sent out corsairs against American shipping--a piece of information of the highest moment, as it showed him an enemy where he expected a neutral, and enabled him to know how to deal with Peruvian ships when he should meet them. This criminality on the part of the viceroy was the result of a conclusion of his own, that as Spain and Great Britain were allies against France, so they would soon be allies against the United States, and that he, as a good Spanish viceroy should begin without waiting for the orders. This let Captain Porter see that he had two enemies instead of one to contend with in the Pacific; and this information, as it showed increase of danger to American interests, increased his ardor to go to their protection; which he promptly did.
Barely taking time to hurry on board the supplies, which six months already at sea rendered indispensable, he was again in pursuit of the enemy, and soon had the good fortune to fall in with an American whale-ship, which gave the important intelligence that a Peruvian corsair had just captured two American whalers off Coquimbo and was making for that place, with a British vessel in company. This was exciting information, and presented a three-fold enterprise to the chivalrous spirit of Porter--to rescue the American, punish the Peruvian, and capture the Englishman. Instantly all sail was set for Coquimbo, the American whaler which had given the information in company, and all hearts beating high with expectation, and with the prospect of performing some generous and gallant deed.
In a few hours a strange sail was descried in the distance, with a smaller vessel in company; and soon the sail was suspected to be a cruiser, disguised as a whaler. Then some pretty play took place, allowable in maritime war, although entirely a game of deception. The stranger showed Spanish colors; the Essex showed English, and then fired a gun to leeward. The whaler in company with the Essex hoisted the American flag beneath the English jack. All these false indications are allowable to gain advantages before fighting, but not to fight under, when true colors must be shown by the attacking ship under the penalty of piracy.
Gun signals were then resorted to. The stranger fired a shot ahead of the Essex, as much as to say stop and talk; the Essex fired a shot over him, signifying come nearer. She came, for the implication was that the next shot would be into her. When nearer, the stranger sent an armed boat to board the Essex; but the boat was directed to return with an order to the stranger to pass under the frigate's lee (i. e. under her guns), and to send an officer on board to apologise for the shots he had fired at an English man-of-war. The order was promptly complied with. The stranger came under the lee of the Essex and sent her lieutenant on board, who, not suspecting where he was, readily told him that his ship was the Nereyda, Peruvian privateer, of fifteen guns and a full crew; that they were cruising for Americans, and had already taken two (the same mentioned by the whaler); and that the smaller vessel in company was one of these.
After giving this information he made the apology for the shot, which was that, having put one of their American prizes in charge of a small crew, the English letter-of-marque Nimrod had fallen in with it and taken it from the crew, and that they were cruising for this Nimrod with a view to obtain redress, and had mistaken this frigate for her, and hence the shot ahead of her; and hoped the explanation would constitute a sufficient apology. It did so; Capt. Porter was perfectly satisfied with it, and still more so, with the information which accompanied it. It placed the accomplishment of one of his three objects immediately in his hands, and the one perhaps dearest to his heart--that of catching the Peruvian corsair which was preying upon American commerce. So, civilly dismissing the lieutenant, he waited until he had got aboard of the Nereyda, then run up the American flag, fired a shot over the corsair, and stood ready to fire into her. The caution was sufficient: the Peruvian surrendered immediately, with her prize. Thus was the piratical capture of two American whalers promptly chastised, and one of them released, and the Peruvian informed that he and his countrymen were cruising against Americans in mistake, and would be treated as pirates if they continued the practice. This admonition put an end to Peruvian seizure of American vessels.
Believing that the other American whaler captured by the Nereyda, and taken from her prize-crew by the Nimrod would be carried to Lima, Captain Porter immediately bore away for its port (Callao), approached it, hauled off to watch, saw three vessels standing in, prepared to cut them off, and especially the foremost, which he judged to be an American. She was so, and was cut off--the very whaler he was in search of. It was the Barclay; and the master, crew and all, so rejoiced at their release that they immediately joined their deliverer. The Barclay became the consort of the Essex; her crew enlisted under Porter; the master became (what he greatly needed) a pilot for him in the vast and unknown sea he was traversing. There was now a good opportunity to look into this most frequented of Peruvian ports, which Captain Porter did, showing English colors; and, seeing nothing within that he would have a right to catch when it came out, nor gaining any special information, and finding that nothing had occurred there to make known his arrival in the Pacific, he immediately sailed again, to make the most of his time before the fact of his presence should be known and the alarm spread.
He stood across the main towards Chatham Island and Charles Island, approaching which three sail were discovered in the same moment--two in company, the other apart and in a different direction. The one apart was attended to first, pursued, summoned, captured, and proved to be the fine British whaler Montezuma, with fourteen hundred barrels of oil on board. A crew was put on board of her, and chase given to the other two. They had taken the alarm, seeing what was happening to the Montezuma, and were doing their best to escape. The Essex gained upon them; but when within eight miles it fell calm, dead still--one of those atmospheric stagnations frequent in the South Sea. Sailing ceased; boats were hoisted out; the first lieutenant, Downes, worthy second to Porter, was put in command. Approached within a quarter of a mile, the two ships showed English colors and fired several guns. Economizing powder and time, the boats only replied with their oars, pulling hard to board quick; seeing which the two ships struck, each in succession, as the boarders were closing. They proved to be the Georgiana and the Policy, both whalers, the former built for the East India service, pierced for eighteen guns, and having six mounted when taken. Having the reputation of a fast vessel, the captain determined to equip her as a cruiser, which was done with her own guns and those of the Policy--this latter, like the Georgiana, pierced for eighteen guns, but mounting ten.
A very proper compliment was paid to Lieut. Downes in giving him the command of this British ship, thus added to the American navy with his good exertions. An armament of 16 guns, and a crew of 41 men, and her approved commander, it was believed would make her an over-match for any English letters of marque, supposed to be cruising among these islands, and justify occasional separate expeditions.
By these three captures Capt. Porter was enabled to consummate the second part of his plan--that of living upon the enemy. He got out of them ample supplies of beef, bread, pork, water, and Gallipagos tortoises. Besides food for the men, many articles were obtained for repairing his own ship: and accordingly the rigging was overhauled and tarred down, many new spars were fitted, new cordage supplied, the Essex repainted--all in the middle of the Pacific, and at the expense of a Power boasting great fleets, formidable against other fleets, but useless against a daring little cruiser.
Getting into his field of operation in the month of April, Capt. Porter had already five vessels under his command--the Montezuma, the Georgiana, the Barclay, and the Policy, in addition to the Essex. All cruising together towards the middle of that month, and near sunset in the evening, a sail was perceived in the distant horizon. A night-chase might permit her to escape; a judicious distribution of his little squadron, without alarming, might keep her in view till morning. It was distributed accordingly. At daylight the sail was still in sight, and, being chased, she was soon overtaken and captured. It was the British whaler Atlantic, 355 tons, 24 men, pierced for 20 guns, and carrying 8 18-pounder carronades. While engaged in this chase another sail was discovered, pursued, and taken. It was the Greenwich, of 338 tons, 18 guns, and 25 men; and like the other was an English letter of marque.
In the meanwhile the now little man-of-war the Georgiana, under Lieut. Downes, made a brief excursion of her own among the islands, apart from the Essex, and with brilliant success. He took, without resistance, the British whale ships Catherine, of 270 tons, 8 guns, and 29 men, and Rose, of 220 tons, 8 guns and 21 men; and, after a sharp combat, a third whaler, the Hector, 270 tons, 25 men, pierced for 20 guns and 11 mounted. In this action the lieutenant, after having manned his two prizes, had but 21 men and boys left to manage his ship, fight the Hector, and keep down fifty prisoners. After manning the Hector and taking her crew on board his own vessel, he had but ten men to perform the double duty of working the vessel and guarding seventy-three prisoners; yet he brought all safe to his captain, who then had a little fleet of nine sail under his command, all of his own creation, and created out of the enemy.
The class of some of his prizes enabled the captain to increase the efficiency of his force by some judicious changes. The Atlantic, being nearly one hundred tons larger than the Georgiana, a faster ship, and every way a better cruiser, was converted into a sloop-of-war, armed with twenty guns, manned by sixty men, named the Essex Junior; and the intrepid Downes put in command of her. The Greenwich, also armed with guns, but only a crew to work her (for so many prizes to man left their cruisers with their lowest number,) was converted into a store-ship, and received all the spare stores of the other ships. A few days afterwards the Sir Andrew Hammond was captured, believed to be about the last of the British whalers in those parts, and among the finest. She was a ship of three hundred and ten tons, twelve guns, and thirty-one men; and had a large supply of beef, pork, bread, wood, and water--adding sensibly to the supplies of the little fleet.
The fourth of July arrived, and was gaily kept, and with the triumph of victorious feelings, firing salutes with British guns, charged with British powder. It was a proud celebration, and must have looked like an illusion of the senses to the British prisoners, accustomed to extol their country as the mistress of the seas, and to consider American ships as the impressment ground of the British navy. The celebration over, the little fleet divided; Essex Junior bound to Valparaiso, with the Hector, Catherine, Policy, and Montezuma, prizes, and the Barclay, re-captured ship, under convoy. The Essex, with the Greenwich and Georgiana, steered for the Gallipagos Islands, and fell in with three sail at once, the whole of which were eventually captured: one, the English whaler Charlton, of 274 tons, ten guns, and 21 men; another, the largest of the three, the Seringapatam, of 357 tons, 14 guns, and 40 men; the smallest of the three, the New Zealander, 260 tons, 8 guns, and 23 men. Here were 900 tons of shipping, 32 guns, and 75 men all taken at once, and, as it were, at a single glance at the sea.
The Seringapatam had been built for a cruiser, and, of all the ships in the Pacific, was the most dangerous to American commerce. It had just come out, and had already made a prize. Finding that the master had no commission, and that he had commenced cruising in anticipation of one, and thereby subjected himself to be treated as a pirate, Captain Porter had him put in irons, and sent to the United States to be tried for his life. While finding himself encumbered with prisoners, and his active strength impaired by the guards they required, he released a number on parole, and gave them up one of the captured ships (the Charlton) to proceed to Rio Janeiro. The Georgiana and the New Zealander were despatched to the United States, each laden with the oil taken from the British whalers. Encumbered with prizes, as well as with prisoners, and no American port in which to place them (for the mouth of the Columbia, though claimed by the United States since 1804, and settled under Mr. John Jacob Astor since 1811, had not then been nationally occupied), Captain Porter undertook to provide a place of his own. Repairing to the wild and retired island of Nooaheevah, he selected a sequestered inlet, built a little fort upon it, warped three of his prizes under its guns, left a little garrison of twenty-one men under Lieutenant Gamble to man it, and then went upon another cruise.
The story of the remainder of his cruise is briefly told. He had learnt that the British government, thoroughly aroused by his operations in the Pacific, had sent out a superior force to capture him. Taking the Essex Junior with him, he sailed for Valparaiso, entered the harbor, and soon a superior British frigate and a sloop of war entered also. Captain Hillyar, for that was the British captain's name, saluted the American frigate courteously, inquiring for the health of Captain Porter; but the British frigate (the Phoebe) came so near that a collision seemed inevitable, and looked as if intended, her men being at quarters and ready for action. In a moment Captain Porter was equally ready, and that either for boarding or raking, for the vessels had got so close that the Phoebe, in hauling off, passed her jib-boom (that spar which runs out from the bowsprit) over the deck of the Essex, and lay with her bow to the broadside of the American. It was a fatal position, and would have subjected her to immediate capture or destruction, justifiable by the undue intimacy of an enemy. Captain Porter might have fired into her; but, reluctant to attack in a neutral port, he listened to the protestations of the British captain, accepted his declaration of innocent intentions and accidental contact, and permitted him to haul off from a situation in which he could have been destroyed in a few minutes. Could he have foreseen what was to happen to himself soon after in the same port, he could not have been so forbearing to the foe nor so respectful to the Chilian authorities.
For six weeks the hostile vessels watched each other, the British vessel sometimes lying off and on outside of the harbor, and when so at sea the Essex going out and offering to fight her single handed; for the Essex Junior was too light to be of any service in a frigate fight. Other British ships of war being expected at Valparaiso, and no combat to be had with the Phoebe without her attendant sloop, Captain Porter determined to take his opportunity to escape from the harbor--which the superior sailing of the Essex would enable him to do when the British ships were a few miles off, as they often were--Essex Junior escaping at the same time by parting company, as it was certain that both the British ships would follow the American frigate.
March 28th, 1813, was a favorable day for the attempt--the wind right, the enemy far enough out, and the Essex in perfect order for fighting or sailing. The attempt was made, and with success, until, doubling a headland which formed part of the harbor, a squall carried away the maintopmast, crippling the ship and greatly disabling her. Capt. Porter put back for the harbor, and though getting within it, and within pistol shot of the shore, and within half a mile from a detached battery, could not reach the usual anchoring ground before the approach of the enemy compelled him to clear for action. A desperate but most unequal combat raged for near three hours--an inferior crippled frigate contending with a frigate and a sloop in perfect order. The crippled mast of the Essex allowed the enemy to choose his distance, which he always did with good regard to his own safety, using his long eighteens at long distances--keeping out of the reach of Porter's carronades, out of the reach of boarding, and only within range of six long twelves which played with such effect that at the end of half an hour both British ships hauled off to repair damages. Having repaired, both returned, and got such a position that not a gun of the crippled Essex could bear upon them. An attempt was made to close upon them and get near enough to cripple the sloop and drive her out of the fight for the remainder of the action; but the frigate edged away, choosing her distance, and using her long guns with terrible effect upon the Essex, which could not send back a single shot.
The brave and faithful Downes pulled through the fire of the enemy in an open boat to take the orders of his captain; but his light guns could be of no service, and he was directed to look to his own ship. Twice more the Essex endeavored to close upon the British frigate, but she edged away each time, keeping the distance which was safe to himself and destructive to the Essex. By this time half the whole crew were killed or wounded, and the ship on fire. Capt. Porter then attempted to run her on shore; but the wind failed when within musket shot of the land. Leave was then given to the crew to save themselves by swimming, which but few would do. At last the surrender became imperative. The Essex struck, and her heroic commander and surviving men and officers became prisoners of war. Thousands of persons--all Valparaiso--witnessed the combat. The American consul, Mr. Poinsett, witnessed it and claimed the protection of the fort, only to receive evasive answers, as the authorities were now favorable to the British. It was a clear case of violated neutrality, tried by any rule. First, the Essex was within the harbor, though not at the usual anchoring place, which she could not reach; secondly, she was under the guns of the detached fort, only half a mile distant; thirdly, she was within the territorial jurisdiction of Chili, whether measured by the league or by the range of cannon, and no dispute about either, as the shore was at hand, and the British balls which missed the Essex hit the land.
After the surrender some arrangements were made with Capt. Hillyar. Some prisoners were exchanged upon the spot, part of those made by Capt. Porter being available for an equal number of his own people. Essex Junior became a cartel to carry home himself and officers and others of his men on parole; but this man of daring deeds was not allowed to reach home without another proof of his determined spirit. When within thirty miles of New York, Essex Junior was brought to by the British razee Saturn, Capt. Nash, who denied the right of Capt. Hillyar to allow the cartel, and ordered her to lie by him during the night. Capt. Porter put off in a whale-boat, and, though long chased, saved himself by the chance of a fog coming to the aid of hard rowing.
And thus ended this unparalleled cruise--ending with a disaster. But the end could not efface the past; could not undo the captures which had been made; could not obscure the glory which had been acquired; cannot impair the lesson which its results impress on the minds of statesmen. It had lasted eighteen months, and during that time the little frigate had done every thing for itself and the country. It had lived and flourished upon the enemy. Not a dollar had been drawn from the public Treasury, either for pay or supplies; all came from the foe. Money, provisions, munitions, additional arms, spars, cordage, rigging, and vessels to constitute a little fleet, all came from the British. Far more than enough for all purposes was taken and much destroyed; for damage as well as protection was an object of the expedition--damage to the British, protection to Americans; and nobly were both objects accomplished. Surpluses, as far as possible, were sent home; and, though in part recaptured, these accidents did not diminish the merit of the original capture. The great whale trade of the British in the Pacific was broken up, the supply of oil was stopped, the London lamps were in the condition of those of the "foolish virgins," and a member of Parliament declared in his place that the city had burnt dark for a year.
The personal history of Commodore Porter, for such he became, was full of incident and adventure, all in keeping with his generous and heroic character. Twice while a lad and serving in merchant vessels in the West Indies, he was impressed by the British, and, by his courage and conduct made his escape, each time. A third attempt at impressment was repulsed by the bloody defeat of the press-gang. The same attempt, renewed with increased numbers, was again repulsed with loss to the British party--young Porter, only sixteen, among the most courageous defenders of the vessel. He was upwards of a year a prisoner at Tripoli, being first lieutenant on board the Philadelphia when she grounded before that city and was captured. He was midshipman with the then Lieutenant Rodgers, when the two young officers and eleven men performed that marvel of endurance, firmness, steadiness, and seamanship, in working for three days and nights, without sleep or rest, on the French frigate Insurgent, guarding all the time their 173 prisoners, and conducting the prize safe into port--as related in the notice of Commodore Rodgers.
After his return from the Pacific, he was employed in suppressing piracy in the West Indies, which he speedily accomplished; but for punishing an insult to the flag in the island of Porto Rico, he incurred the displeasure of his government, and the censure of a court martial. His proud spirit would not brook a censure which he deemed undeserved; and he resigned his commission in the navy, of which he was so brilliant an ornament. The writer of this View was a close observer of that trial, and believed the Commodore to have been hardly dealt by, and considered the result a confirmation of his general view of courts martial where the government interferes--an interference (when it happens) generally for a purpose, either to convict or acquit; and rarely failing of its object in either case, as the court is appointed by the government, dependent upon it for future honor and favor, acts in secret, and subject to the approval of the Executive.
Stung to the quick by such requital of his services, the brave officer resigned his commission, and left the country which he had served so faithfully, and loved so well, and took service in the Republic of Mexico, then lately become independent and desirous to create a navy. But he was not allowed to live and mourn an exile in a foreign land. President Jackson proposed to restore him to his place in the navy, but he refused the restoration upon the same ground that he had resigned upon--would not remain in a service under an unreversed sentence of unjust censure. President Jackson then gave him the place of Consul General at Algiers; and, upon the reduction of that place by the French, appointed him the United States Charge d'Affaires to the Sublime Porte--a mission afterwards raised to Minister Resident by act of Congress for his special benefit. The Sultan Mahmoud--he who suppressed the Janissaries, introduced European reforms, and so greatly favored Christians and strangers--was then on the throne, and greatly attached to the Commodore, whose conversation and opinions he often sought. He died in this post, and was brought home to be buried in the country which gave him birth, and which no personal wrong could make him cease to love. A national ship of war, the Truxton, brought him home--a delicate compliment in the selection of the vessel bearing the name of the commander under whom he first served.
Humanity was a ruling feature in his character, and of this he gave constant proof--humane to the enemy as well as to his own people. Of his numerous captures he never made one by bloodshed when milder means could prevail; always preferring, by his superior seamanship, to place them in predicaments which coerced surrender. Patriotism was a part of his soul. He was modest and unpretentious; never seeming to know that he had done things of which the world talked, and of which posterity would hear. He was a "lion" nowhere but on the quarter-deck, and in battle with the enemies of his country. He was affectionate to his friends and family, just and kind to his men and officers, attaching all to him for life and for death. His crew remaining with him when their terms were expiring in the Pacific, and refusing to quit their commander when authorized to do so at Valparaiso, were proofs of their devotion and affection.
Detailed history is not the object of this notice, but character and instruction--the deeds which show character, and the actions which instruct posterity; and in this view his career is a lesson for statesmen to study--to study in its humble commencement as well as in its dazzling and splendid culmination. Schools do not form such commanders; and, if they did, the wisdom of government would not detect the future illustrious captain in the man before the mast, or in the boy in the cabin. Born in Boston, the young Porter came to man's estate in Baltimore, and went to sea at sixteen in the merchant ship commanded by his father--the worthy father of such a son--making many voyages to the West Indies. There he earned his midshipman's warrant, and there he learned the seamanship which made him the worthy second of Rodgers in that marvellous management of the Insurgent, which faithful history will love to commemorate. Self-made in the beginning, he was self-acting through life, and will continue to act upon posterity, if amenable to the lesson taught by his life: the merchant service, the naval school, cruisers, the naval force, separate commands for young men. With a little 32 gun frigate, all carronades except a half-dozen stern chasers, and they only twelve-pounders, he dominated for a year in the vast Pacific Ocean; with a 44 and her attendant sloop-of-war, brig, and schooner, he would have dominated there to the end of the war. He was the Paul Jones of the "second war of Independence," with a more capacious and better regulated mind, and had the felicity to transmit as well as to inherit the qualities of a commander. The name of Porter is yet borne with honorable promise on the roll of the American navy.
CXIX. REFUNDING OF GENERAL JACKSON'S FINE
During his defence of New Orleans in the winter of 1814-'15, General Jackson was adjudged to have committed a contempt of court, in not producing the body of a citizen in obedience to a writ of habeas corpus, whom he had arrested under martial law which he had proclaimed and enforced for the defence of the city. He was fined for the contempt, and paid it himself, refusing to permit his friends, and even the ladies of New Orleans who presented the money ($1,000), to pay it for him. He submitted to the judgment of the court, paying the amount before he left the court room, but protesting against it as an illegal exaction, and as involving the imputation of illegality on his conduct. This conveyed a reproach under which he was always sensitive, but to relieve himself from which he would countenance no proceeding while he was still on the theatre of public action, and especially while he was President. His retirement to private life removed the obstacle to the action of his friends and soon thereafter Mr. Linn, a senator from the State of Missouri, brought in a bill for refunding the fine. This was a quarter of a century after it had been imposed. On getting notice of this proceeding General Jackson wrote a letter to Senator Linn, of which the leading paragraphs are here given.
"Having observed in the newspapers that you had given notice of your intention to introduce a bill to refund to me the fine (principal and interest) imposed by Judge Hall, for the declaration of martial law at New Orleans, it was my determination to address you on the subject; but the feeble state of my health has heretofore prevented it. I felt that it was my duty to thank you for this disinterested and voluntary act of justice to my character, and to assure you that it places me under obligations which I shall always acknowledge with gratitude.
"It is not the amount of the fine that is important to me: but it is the fact that it was imposed for reasons which were not well founded; and for the exercise of an authority which was necessary to the successful defence of New Orleans; and without which, it must be now obvious to all the world, the British would have been in possession, at the close of the war, of that great emporium of the West. In this point of view it seems to me that the country is interested in the passage of the bill; for exigencies like those which existed at New Orleans may again arise; and a commanding-general ought not to be deterred from taking the necessary responsibility by the reflection that it is in the power of a vindictive judge to impair his private fortune, and place a stain upon his character which cannot be removed. I would be the last man on earth to do any act which would invalidate the principle that the military should always be subjected to the civil power; but I contend, that at New Orleans no measure was taken by me which was at war with this principle, or which, if properly understood, was not necessary to preserve it.
"When I declared martial law, Judge Hall was in the city; and he visited me often, when the propriety of its declaration was discussed, and was recommended by the leading and patriotic citizens. Judging from his actions, he appeared to approve it. The morning the order was issued he was in my office; and when it was read, he was heard to exclaim: 'Now the country may be saved: without it, it was lost.' How he came afterwards to unite with the treacherous and disaffected, and, by the exercise of his power, endeavored to paralyze my exertions, it is not necessary here to explain. It was enough for me to know, that if I was excusable in the declaration of martial law in order to defend the city when the enemy were besieging it, it was right to continue it until all danger was over. For full information on this part of the subject, I refer you to my defence under Judge Hall's rule for me to appear and show cause why an attachment should not issue for a contempt of court. This defence is in the appendix to 'Eaton's Life of Jackson.'
"There is no truth in the rumor which you notice, that the fine he imposed was paid by others. Every cent of it was paid by myself. When the sentence was pronounced, Mr. Abner L. Duncan (who had been one of my aides-de-camp, and was one of my counsel), hearing me request Major Reed to repair to my quarters and bring the sum--not intending to leave the room until the fine was paid--asked the clerk if he would take his check. The clerk replied in the affirmative, and Mr. Duncan gave the check. I then directed my aide to proceed forthwith, get the money, and meet Mr. Duncan's check at the bank and take it up; which was done. These are the facts; and Major Davezac, now in the Assembly of New York, can verify them.
"It is true, as I was informed, that the ladies did raise the amount to pay the fine and costs; but when I heard of it, I advised them to apply it to the relief of the widows and orphans that had been made so by those who had fallen in the defence of the country. It was so applied, as I had every reason to believe; but Major Davezac can tell you more particularly what was done with it."
The refunding of the fine in the sense of a pecuniary retribution, was altogether refused and repulsed both by General Jackson and his friends. He would only have it upon the ground of an illegal exaction--as a wrongful exercise of authority--and as operating a declaration that, in declaring martial law, and imprisoning the citizen under it, and in refusing to produce his body upon a writ of habeas corpus, and sending the judge himself out of the city, he was justified by the laws of the land in all that he did. Congress was quite ready, by a general vote, to refund the fine in a way that would not commit members on the point of legality. It was a thing constantly done in the case of officers sued for official acts, and without strict inquiry into the legality of the act where the officer was acting in good faith for the public service. In all such cases Congress readily assumed the pecuniary consequences of the act, either paying the fine, or damages awarded, or restoring it after it had been paid. General Jackson might have had his fine refunded in the same way without opposition; but it was not the money, but release from the imputation of illegal conduct that he desired; and with a view to imply that release the bill was drawn: and that made it the subject of an earnestly contested debate in both Houses. In the Senate, where the bill originated, Mr. Tappan of Ohio, vindicated the recourse to martial law, and as being necessary for the safety of the city.
"I ask you to consider the position in which he was placed; the city of New Orleans was, from the necessity of the case, his camp; the British, in superior force, had landed, and were eight or nine miles below the city; within three hours' march; in his camp were many over whom he had no control, whom he could not prevent (or punish by any process of civil law) from conveying intelligence to the enemy of his numbers, means of defence or offence, as well as of his intended or probable movements; was not the entire command of his own camp necessary to any efficient action? It seems to me that this cannot be doubted. In time of war, when the enemy's force is near, and a battle is impending, if your general is obliged, by the necessities of his position, and the propriety of his operations, to occupy a city as his camp, he must have the entire command of such city, for the plain reason that it is impossible, without such command, to conduct his operations with that secrecy which is necessary to his success. The neglect, therefore, to take such command, would be to neglect the duty which his country had imposed upon him. I perceive but two ways in which General Jackson could have obtained the command of his own camp; one was by driving all the inhabitants out of the city, the other by declaring martial law. He wisely and humanely chose the latter, and by so doing, saved the city from being sacked and plundered, and its inhabitants from being outraged or destroyed by the enemy."
But this arrest of a citizen, and refusal to obey a writ of habeas corpus, was after the British had been repulsed, and after a rumor of peace had arrived at the city, but a rumor coming through a British commander, and therefore not to be trusted by the American general. He thought the peace a probable, but by no means a certain event: and he could not upon a probability relax the measures which a sense of danger had dictated. The reasons for this were given by the General himself in his answer to show cause why the rule which had been granted should not be made absolute.
"The enemy had retired from their position, it is true; but they were still on the coast, and within a few hours' sail of the city. They had been defeated, and with loss; but that loss was to be repaired by expected reinforcements. Their numbers much more than quadrupled all the regular forces which the respondent could command; and the term of service of his most efficient militia force was about to expire. Defeat, to a powerful and active enemy, was more likely to operate as an incentive to renewed and increased exertion, than to inspire them with despondency, or to paralyze their efforts. A treaty, it is true, had been probably signed, but yet it might not be ratified. Its contents even had not transpired; so that no reasonable conjecture could be formed whether it would be acceptable; and the influence which the account of the signature had on the army was deleterious in the extreme, and showed a necessity for increased energy, instead of relaxation of discipline. Men who had shown themselves zealous in the preceding part of the campaign, became lukewarm in the service. Wicked and weak men, who, from their situation in life, ought to have furnished a better example, secretly encouraged the spirit of insubordination. They affected to pity the hardships of those who were kept in the field; they fomented discontent, by insinuating that the merits of those to whom they addressed themselves, had not been sufficiently noticed or applauded; and disorder rose to such an alarming height, that at one period only fifteen men and one officer were found out of a whole regiment, stationed to guard the very avenue through which the enemy had penetrated into the country. At another point, equally important, a whole corps, on which the greatest reliance had been placed, operated upon by the acts of a foreign agent, suddenly deserted their post. If, trusting to an uncertain peace, the respondent had revoked his proclamation, or ceased to act under it, the fatal security by which they were lulled, would have destroyed all discipline, dissolved all his force, and left him without any means of defending the country against an enemy instructed by the traitors within our bosom, of the time and place at which he might safely make his attack. In such an event, his life, which would certainly have been offered up, would have been but a feeble expiation for the disgrace and misery into which his criminal negligence would have plunged the country."
A newspaper in the city published an inflammatory article, assuming the peace to be certain, though not communicated by our government, inveighed against the conduct of the General in keeping up martial law as illegal and tyrannical, incited people to disregard it, and plead the right of volunteers to disband who had engaged to serve during the war. Louallier, a member of the General Assembly, was given up as the author of the article: the General had him arrested and confined. Judge Hall issued a writ of habeas corpus to release his body: General Jackson ordered the Judge out of the city, and sent a guard to conduct him out. All this took place on the 10th and 11th of March: on the 13th authentic news of the peace arrived, and the martial law ceased to exist. Judge Hall returned to the city, and Mr. Tappan thus relates what took place:
"Instead of uniting with the whole population, headed by their venerable bishop, in joy and thankfulness for a deliverance almost miraculous, achieved by the wisdom and energy of the General and the gallantry of his army, he was brooding over his own imaginary wrongs, and planning some method to repair his wounded dignity. On this day, twenty-seven years ago, he caused a rule of the district court to be served on General Jackson, to appear before him and show cause why an attachment should not issue against him for:--1st. Refusing to obey a writ issued by Judge Hall. 2d. Detaining an original paper belonging to the court. And 3d, for imprisoning the Judge. The first cause was for the General refusing to obey a writ of habeas corpus in the case of Louallier; the second for detaining the writ. The whole of these three causes assigned are founded on the hypothesis, that instead of General Jackson having command of his camp, he exercised a limited authority under the control of the civil magistracy. I trust I have satisfied you that martial law did in fact exist, and of necessary consequence, that Judge Hall's authority was suspended. If he was injured by it, surely he was not the proper person to try General Jackson for that injury. The principal complaint against General Jackson was for imprisoning the Judge. The imprisonment consisted in sending an officer to escort him out of camp; and for this, instead of taking the regular legal remedy, by an action for assault and false imprisonment, in the State court, which was open to him as well as every other citizen, he called the General to answer before himself. He went before the Judge and proffered to show cause; the Judge would not permit him to do this, nor would he allow him to assign his reasons in writing for his conduct, but, without trial, without a hearing of his defence, he fined him one thousand dollars. You all know the conduct of the General on that occasion; he saved the Judge from the rising indignation of the people and paid his fine to the United States marshal. These proceedings of Judge Hall were not only exceedingly outrageous, but they were wholly illegal and void; for, as says an eminent English jurist, 'even an act of parliament cannot make a man a judge in his own cause.' This was truly and wholly the cause of the Judge himself. If a law of Congress had existed which authorized him to sit in judgment upon any man for an injury inflicted upon himself, such a law would have been a mere dead letter, and the Judge would have been bound to disregard it. It was the violation of this principle of jurisprudence which aroused the indignation of the people and endangered the life of his contemptible judge. I am aware of the law of contempt; it is the power of self-preservation given to the courts; it results from necessity alone, and extends no further than necessity strictly requires; it has no power to avenge the wrongs and injuries done to the judge, unless those wrongs obstruct the regular course of justice. I am aware also of the manner in which the law of contempt has been administered in our courts where no statute law regulated it, and it was left to the discretion of the judges to determine what was or was not a contempt. In one case a man was fined for contempt for reviewing the opinion of a judge in a newspaper. This judge was impeached before this body and acquitted, because not quite two-thirds of the Senate voted him guilty. Some senators, thinking probably that as Congress had neglected to pass a law on the subject of contempt, the judge had nothing to govern his discretion in the matter, and therefore ought not to be convicted. Congress immediately passed such a law, and no contempts have occurred since in the United States courts."
The speech of Judge Tappan covered the facts of the case, upon which, and other speeches delivered, the Senate made up its mind, and the bill was passed, though upon a good division, and a visible development of party lines. The yeas were:
"Messrs. Allen, Bagby, Benton, Buchanan, Calhoun, Cuthbert, Fulton, Graham, Henderson, King, Linn, McDuffie, McRoberts, Mangum, Rives, Sevier, Smith of Connecticut, Smith of Indiana, Sprague, Sturgeon, Tallmadge, Tappan, Walker, Wilcox, Williams, Woodbury, Wright, Young--28."
The nays were:
"Messrs. Archer, Barrow, Bates, Bayard, Berrien, Choate, Clayton, Conrad, Crafts, Crittenden, Dayton, Evans, Huntington, Kerr, Merrick, Miller, Morehead, Phelps, White, Woodbridge--20."
In the House it was well supported by Mr. Charles Jared Ingersoll, and others, and passed at the ensuing session by a large majority--158 to 28. This gratifying result took place before the death of General Jackson, so that he had the consolation of seeing the only two acts which impugned the legality of any part of his conduct--the senatorial condemnation for the removal of the deposits, and the proceedings in New Orleans under martial law--both condemned by the national representation, and the judicial record as well as the Senate journal, left free from imputation upon him.
Chapter CXX
REPEAL OF THE BANKRUPT ACT: ATTACK OF MR. CUSHING ON MR. CLAY: ITS REBUKE.
This measure was immediately commenced in the House of Representatives, and pressed with vigor to its conclusion. Mr. Everett, of Vermont, brought in the repeal bill on leave, and after a strenuous contest from a tenacious minority, it was passed by the unexpected vote of two to one--to be precise--140 to 72. In the Senate it had the same success, and greater, being passed by nearly three to one--34 to 13: and the repealing act being carried to Mr. Tyler, he signed it as promptly as he had signed the bankrupt act itself. This was a splendid victory for the minority who had resisted the passage of the bill, and for the people who had condemned it. The same members, sitting in the same chairs, who a year and a half before, passed the act, now repealed it. The same President who had recommended it in a message, and signed the act as soon as it passed, now signed the act which put an end to its existence. A vicious and criminal law, corruptly passed, and made the means of passing two other odious measures, was itself now brought to judgment, condemned, and struck from the statute-book; and this great result was the work of the people. All the authorities--legislative, executive, and judicial--had sustained the act. Only one judge in the whole United States (R. W. Wells, Esq., United States district judge for Missouri), condemned it as unconstitutional. All the rest sustained it, and he was overruled. But the intuitive sense of honor and justice in the people revolted at it. They rose against it in masses, and condemned it in every form--in public meetings, in legislative resolves, in the press, in memorials to Congress, and in elections. The tables of the two Houses were loaded with petitions and remonstrances, demanding the repeal, and the members were simply the organs of the people in pronouncing it. Never had the popular voice been more effective--never more meritoriously raised. The odious act was not only repealed, but its authors rebuked, and compelled to pronounce the rebuke upon themselves. It was a proud and triumphant instance of the innate, upright sentiment of the people, rising above all the learning and wisdom of the constituted authorities. Nor was it the only instance. The bankrupt act of forty years before, though strictly a bankrupt act as known to the legislation of all commercial countries, was repealed within two years after its passage--and that by the democratic administration of Mr. Jefferson: this of 1841, a bankrupt act only in name--an act for the abolition of debts at the will of the debtor in reality--had a still shorter course, and a still more ignominious death. Two such condemnations of acts for getting rid of debts, are honorable to the people, and bespeak a high degree of reverence for the sacred obligations between debtor and creditor; and while credit is due to many of the party discriminated as federal in 1800, and as whig in 1840 (but always the same), for their assistance in condemning these acts, yet as party measures, the honor of resisting their passage and conducting their repeal, in both instances, belongs to the democracy.
The repeal of this act, though carried by such large majorities, and so fully in accordance with the will of the people, was a bitter mortification to the administration. It was their measure, and one of their measures of "relief" to the country. Mr. Webster had drawn the bill, and made the main speech for it in the Senate, before he went into the cabinet. Mr. Tyler had recommended it in a special message, and promptly gave it his approving signature. To have to sign a repeal bill, so soon, condemning what he had recommended and approved, was most unpalatable: to see a measure intended for the "relief" of the people repulsed by those it was intended to relieve, was a most unwelcome vision. From the beginning the repeal was resisted, and by a species of argument, not addressed to the merits of the measure, but to the state of parties, the conduct of men, and the means of getting the government carried on. Mr. Caleb Cushing was the organ of the President, and of the Secretary of State in the House; and, identifying himself with these two in his attacks and defences, he presented a sort of triumvirate in which he became the spokesman of the others. In this character he spoke often, and with a zeal which outran discretion, and brought him into much collision with the House, and kept him much occupied in defending himself, and the two eminent personages who were not in a position to speak for themselves. A few passages from these speeches, from both sides, will be given to show the state of men and parties at that time, and how much personal considerations had to do with transacting the business of Congress. Thus:
"Mr. Cushing, who was entitled to the floor, addressed the House at length, in reply to the remarks made by various gentlemen, during the last three weeks, in relation to the present administration. He commenced by remarking that the President of the United States was accused of obstructing the passage of whig measures of relief, and was charged with uncertainty and vacillation of purpose. As these charges had been made against the President, he felt it to be his duty to ask the country who was chargeable with vacillation and uncertainty of purpose, and the destruction of measures of relief? Who were they who, with sacrilegious hands, were seeking to expunge the last measure of the 'ill-starred' extra session from the statute-books? Forty-seven whigs, he answered, associated with the democratic party in the House, and formed a coalition to blot out that measure. He repeated it: forty-seven whigs formed a coalition with the democrats to expunge all the remains of the extra session which existed. For three weeks past, there had been constantly poured forth the most eloquent denunciations of the President, of the Secretary of State, and of himself. He might imagine, as was said by Warren Hastings when such torrents of denunciation were poured out upon him, that there was some foundation for the imputation of the orators. He should inquire into the merits of the political questions, and into the accusations made against him. He was told that he had thrown a firebrand into the House--that he had brought a tomahawk here. He denied it. He had done no such thing. It was not true that he commenced the debate which was carried on; and when gentlemen said that he had volunteered remarks out of the regular order, in reply to the gentleman from Tennessee [Mr. ARNOLD], he told them that they were not judges. His mode of defence was counter-attack, and it was for him to judge of the argument. If he carried the war into the enemy's camp, the responsibility was with those who commenced the attack."
Mr. Clay, though retiring from Congress, and not a member of the House of Representatives, was brought into the debate, and accused of setting up a dictatorship, and baffling or controlling the constitutional administration:
"The position of the two great parties, and those few who stood here to defend the acts of the administration, was peculiar. Our government was now undergoing a test in a new particular. This was the first time that the administration of the government had ever devolved upon the Vice-President. Now, he had called upon the people and the House to adapt themselves to that contingency, and support the constitution; for with the 'constitutional fact' was associated the party fact; and whilst the President was not a party chief, there was a party chief of the party in power. The question was, whether there could be two administrations--one, a constitutional administration, by the President; and the other a party administration, exercised by a party chief in the capitol? With this issue before him--whether the President, or the party leader--the chief in the White House, or the chief in the capitol--should carry on the administration--he felt it to be a duty which he owed to the government of his country to give his aid to the constitutional chief. That was the real question which had pervaded all our contests thus far."
Such an unparliamentary reference to Mr. Clay, a member of a different House, could not pass without reply in a place where he could not speak for himself, but where his friends were abundant. Mr. Garret Davis, of Kentucky, performed that office, and found in the fifteen years' support of Mr. Clay by Mr. Cushing (previous to his sudden adhesion to Mr. Tyler at the extra session), matter of personal recrimination:
"Mr. Garret Davis replied to the portion of the speech of the gentleman from Massachusetts [Mr. CUSHING] relating to the alleged dictation of the ex-senator from Kentucky [Mr. CLAY]. The gentleman from Massachusetts declared that there were but two alternatives--one, a constitutional administration, under the lead of the President; and the other, a faction, under the lead of the senator from Kentucky. Such remarks were no more nor less than calumnies on that distinguished man; and he would ask the gentleman what principle Mr. Clay had changed, by which he had obtained the ill-will of the gentleman, after having had his support for fifteen years previous to the extra session? He asked, Did the senator from Kentucky bring forward any new measure at the extra session? Did he enter upon any untrodden path, in order to embarrass the path of John Tyler? No, was the answer."
Reverting to the attacks on the administration, Mr. Cushing considered them as the impotent blows of a faction, beating its brains out against the immovable rock of the Tyler government:
"It was now nearly two years since, in accordance with a vote of the people, a change took place in the administration of the government. Since that time, an internecine war had arisen in the dominant party. The war had now been pursued for about one year and a half; but, in the midst of it, the federal government, with its fixed constitution, had stood, like the god Terminus, defying the progress of those who were rushing against it. The country had seen one party throw itself against the immovable rock of the constitution. What had been the consequence? The party thus hurling itself against the constitutional rock was dashed to atoms."
Mr. Cushing did not confine his attempts to gain adherents to Mr. Tyler, to the terrors of denunciations and anathemas: he superadded the seductive arguments of persuasion and enticement, and carried his overtures so far as to be charged with putting up the administration favor to auction, and soliciting bidders. He had said:
"Now he would suppose a man called to be President of the United States. It mattered not whether he was elected, or whether the office devolved upon him by contingencies contemplated in the constitution. He was President. What, then, was his first duty? To consider how to discharge his functions. He (Mr. C.) thought the President was bound to look around at the facts, and see by what circumstances he was supported. Gentlemen might talk of treason; much had been said on that subject; but the question for the individual who might happen to be President to consider was, How is the government to be carried out? By whose aid? He (Mr. Cushing) would say to that party now having the majority (and whom, on account of that circumstance, it was more important he should address), that if they gave him no aid, it was his duty to seek aid from their adversaries. If the whigs continue to blockade the wheels of the government, he trusted that the democrats would be patriotic enough to carry it on."
Up to this point Mr. Cushing had addressed himself to the whigs to come to the support of Mr. Tyler: despairing of success there he now turned to the democracy. This open attempt to turn from one party to the other, and to take whichever he could get, turned upon him a storm of ridicule and reproach. Mr. Thompson, of Indiana, said:
"The gentleman seemed to have assumed the character of auctioneer for this bankrupt administration, and he took it that the gentleman would be entitled to a good part of its effects. This was the first time in the history of any civilized country that a government had, through the person of its acknowledged leader--a man doing most of its speaking, and much of its thinking--stalked into a representative assembly, and openly put up the administration in the common market to the highest bidder."
But Mr. Cushing did not limit himself to seductive appliances in turning to the democracy for support to Mr. Tyler: he dealt out denunciation to them also, and menaced them with the fate of the shattered whig party if they did not come to the rescue. On this Mr. Thompson remarked:
"The gentleman also told the minority that they would be dashed to pieces, like their predecessors, unless they came into the measures of the President; but it yet remained to be seen whether he would get a bid. Judging from the expression of opinion by the leading organ of the democratic party, he (Mr. T.) was inclined to think that no bid would be offered by a portion of that party. He thought, from givings-out, in various quarters, that the President would ultimately have to resort to this 'constitutional fact,' to defend himself against a large portion even of that party. Indeed, it was doubtful whether there would be bidders from either side."
Mr. Cushing had said that there were persons connected with the administration who would yet be heard of for the Presidency, and seemed to present that contingency also as a reason why support should be given it. To this intimation Mr. Thompson made an indignant reply:
"He recollected well--though he was very young at the time, and not prepared to take part in the political discussions of the day--that, during the administration of the distinguished and venerable gentleman from Massachusetts [Mr. ADAMS] there arose in this country a party, who, upon the bare supposition (which was dispelled on an examination of the facts)--upon the bare suspicion that there was what was called a bargain, intrigue, and management between the then head of the administration, and another distinguished citizen who was a member of his cabinet, made it a subject of the most bitter and vindictive denunciation. Yet, notwithstanding that this part of our history was still fresh in the recollection of the gentleman from Massachusetts--when we see, in this age of republican liberty, a gentleman descended from a line of illustrious Revolutionary ancestry--coming, too, almost from the very Cradle of Liberty, and acting as the organ of the administration on this floor--boldly, shamelessly, and unblushingly offering the spoils of office as a consideration for party support, we may well have cause for alarm. How many clerkships were there in Philadelphia to be disposed of in this manner? From the collector down to the lowest tide-waiter, the power of appointment was to be directed for the purpose of operating on the coming presidential contest. Who, now, would charge the whig party with shaping their measures with a view to the elevation of a particular individual, after hearing the bold and open avowal from the gentleman that the present administration would shape their measures for the purpose of operating on the coming contest? But (said Mr. T.) there was something exceedingly ridiculous in the idea of the administration party--and such a party, too!--coming into the Representative hall, and telling its members that it had the power to dispose of the various candidates for the Presidency at its pleasure, and controlling the votes of nearly three millions of freemen by means of its veto power, and the power of appointment and removal."
Mr. Cushing had belonged to the federal party, since called whig, up to the time that he joined Mr. Tyler, and had been all that time a fierce assailant of the democratic party: the energy with which he now attacked that party, and the warmth with which he wooed the other, brought on him many reproaches, some rough and cutting--some tender and deprecatory; as this from Mr. Thompson:
"The gentleman exulted in the fate of the whig party, and told them with much satisfaction that their party was destroyed. Now, let him ask the gentleman, in the utmost sincerity of his heart, whether he did not feel some little mortification and regret when he saw the banner under which he had so often rallied trailing in the dust, and trampled under the feet of those against whom he had fought for so many years?"
Foremost of the whigs in zeal and activity, Mr. Cushing, as one of the most prominent men of the party, was appointed when the presidential vote of 1840 was counted in the House, as one of the committee of two to wait upon General Harrison and formally make known to him his election. In two months afterwards General Harrison died--Mr. Tyler became President and quit the whigs: Mr. Cushing quit at the same time; and not content with quitting, threw all the obloquy upon them which, for fifteen years, he had lavished upon the democracy; and in quitting the whigs he reversed his conduct in all the measures of his life, and without giving a reason for the change in a single instance. Mr. Garret Davis summed up these changes in a scathing peroration, from which some extracts are here given:
"The gentleman occupies a strange position and puts forth extraordinary notions, considering the measures and principles which he always, until the commencement of this administration, advocated with so much zeal and ability I had read many of his speeches before I knew him. I admired his talents and attainments; I approved of the soundness of his views, and was instructed and fortified in my own. But he is wonderfully metamorphosed; and I think if he will examine the matter deliberately, he will find it to be quite as true, that he has broken his neck politically in jumping his somersets, as that 'the whig party has knocked out its brains against the fixed fact.' He tells us that party is nothing but an association of men struggling for power; and that he contemns measures--that measures are not principles. The gentleman must have been reading the celebrated treatise, 'The Prince,' for such dicta are of the school of Machiavelli; and his sudden and total abandonment of all the principles as well as measures, to which he was as strongly pledged as any whig, good and true, proves that he had studied his lesson to some purpose. At the extra session of 1837, he opposed the sub-treasury in a very elaborate speech, in which we find these passages: 'We are to have a government paper currency, recognizable by the government of the United States, and employed in its dealings; but it is to be irredeemable government paper? 'If the scheme were not too laughingly absurd to spend time in arguing about it seriously; if the mischiefs of a government paper currency had not had an out-and-out trial both in Europe and America, I might discuss it as a question of political economy. But I will not occupy the committee in this way. I am astounded at the fatuity of any set of men who can think of any such project.' This is what he said of the sub-treasury. Now, he is the unscrupulous advocate of the exchequer, a measure embodying both the sub-treasury and a great organized government bank, and fraught with more frightful dangers than his own excited imagination had pictured in the whole three years.
"He was one of the stanchest supporters of a United States bank. He characterized 'the refusal of the late President (Jackson) to sign the bill re-chartering the bank, like the removal of the deposits, to be in defiance and violation of the popular will,' and characterized as felicitous the periods of time when we possessed a national bank, and as calamitous the periods that we were without them, saying--'Twice for long periods of time, have we tried a national bank, and in each period it has fulfilled its appointed purpose of supplying a safe and equal currency, and of regulating and controlling the issues of the State banks. Twice have we tried for a few years to drag on without a national bank, and each of these experiments has been a season of disaster and confusion.' And yet, sir, he has denied that he was ever the supporter of a bank of the United States, and is now one of the most rabid revilers of such an institution.
"He was for Mr. Clay's land bill; and he has abandoned, and now contemns it. No man has been more frequent and unsparing in his denunciations of General Jackson; and now he is the sycophantic eulogist of the old hero. He was the unflinching defender of the constitutional rights and powers of Congress. This administration has not only resorted to the most flagitious abuse of the veto power, but has renewed every other assault, open or insidious, of Presidents Jackson and Van Buren upon Congress, which he, at the time, so indignantly rebuked; and he now justifies them all. He has gone far ahead of the extremest parasites of executive power. John Tyler vetoed four acts of Congress which the gentleman had voted for, and strange, by his subtle sophistry, he defended each of the vetoes; and most strange, when the House, in conformity to the provisions of the constitution, voted again upon the measures, his vote was recorded in their favor, and to overrule the very vetoes of which he had just been the venal advocate."
This versatility of Mr. Cushing, in the support of vetoes, was one of the striking qualities developed in his present change of parties. He had condemned the exercise of that power in General Jackson in the case of the Bank of the United States, and dealt out upon him unmeasured denunciation for that act: now he became the supporter of all the vetoes of Mr. Tyler, even when those vetoes condemned his own votes, and when they condemned the fiscal bank charter which Mr. Tyler himself had devised and arranged for Congress. He became the champion, unrivalled, of Mr. Webster and Mr. Clay, defending them in all things; but now in attacking Mr. Clay whom he had so long, and until so recently, so closely, followed and loudly applauded, he became obnoxious to the severe denunciations of that gentleman's friends.
Chapter CXXI
NAVAL EXPENDITURES, AND ADMINISTRATION ATTEMPTS AT REFORM: ABORTIVE.
The annual appropriation for this branch of the service being under consideration, Mr. Parmenter, the chairman of the naval committee, proposed to limit the whole number of petty officers, seamen, ordinary seamen, landsmen and boys in the service to 7,500; and Mr. Slidell moved an amendment to get rid of some 50 or 60 masters' mates who had been illegally appointed by Mr. Secretary Henshaw, during his brief administration of the naval department in the interval between his nomination by Mr. Tyler and his rejection by the Senate. These motions brought on a debate of much interest on the condition of the navy itself, the necessity of a peace establishment, and the reformation of abuses. Mr. Cave Johnson, of Tennessee--
"Expressed himself gratified to see the limitation proposed by the chairman of the Committee on Naval Affairs; that he had long believed that we should have a peace establishment for the navy, as well as the army; and that the number of officers and men in each should be limited to the necessities of the public service. Heretofore the navy had been left to the discretion of the Secretary, only limited by the appropriation bills. He urged upon the chairman of the Naval Committee the propriety of reducing still further. If he did not misunderstand the amendment, it proposed to man the number of vessels required for the next year in the same way that we would do in time of war, as we have heretofore done. He thought there should be a difference in the complement of men required for each ship in war and in peace. He read a table, showing that in the British service, first class men-of-war of 120 guns, in time of peace had on board (officers, men, and marines) 886 men, whilst the same class in our service had on board 1,200, officers, men, and marines--near one-third more officers and men in the American service than were employed in the British. The table showed about the same difference in vessels of inferior size. He thought the number of men and officers should be regulated for a peace, and not a war establishment. He expressed the hope that the chairman of the Naval Committee would so shape his amendment as to fix the number of officers and men for a peace establishment. He was desirous of having a peace establishment, and the expenditures properly regulated. This branch of the service, together with the army, were the great sources of expenditure. He read a table, showing the expenditures of these branches of the public service from 1821 to 1842, as follows: ($235,000,000.) He said the country would be astonished to see the immense sums expended on the army and navy; and, as he thought, without any adequate return to the country. He could see no advantage to the country from this immense expenditure--no adequate return. He was aware of the excuse made for it--the protection of our commerce. This was a mere pretext--an excuse for throwing upon the public treasury an immense number of men, who might be much more profitably to the country employed in other occupations. He alluded to the Mediterranean squadron and the expenditures for the protection of our commerce on that sea; and expressed the opinion that our expenditures at that station equalled the whole of the commerce east of the Straits of Gibraltar--that it would be better for the country to pay for the commerce than protect it; that there was no more need to protect our commerce in the Mediterranean than there was in the Chesapeake Bay. Such a thing as pirates in that sea had been scarcely heard of in the last twenty years. He expressed his determination to vote for the amendment, but hoped the chairman would so shape it as to make a regular peace establishment."
The member from Tennessee was entirely right in his desire for a naval peace establishment, but the principle on which such an establishment should be formed, was nowhere developed. It was generally treated as a naval question, dependent upon the number of naval marine--others a commercial question, dependent upon our amount of commerce; while, in fact, it is a political question, dependent upon the state of the world. Protection of commerce is the reason always alleged: that reason, pursued into its constituent parts, would always involve two inquiries, and both of them to be answered in reference to the amount of commerce, and its dangers in any sea. To measure the amount of a naval peace establishment, and its distribution in different seas, the amount of danger must be considered: and that is constantly varying with the changing state of the world. The great seat of danger was formerly in the Mediterranean Sea; and squadrons proportioned to the amount of that danger were sent there: since the extirpation of the piratical powers on the coast of the sea, there is no danger to commerce there, and no need for any protection; yet larger squadrons are sent there than ever. Formerly there was piracy in the West Indies, and protection was needed there: now there is no piracy, and no protection needed, and yet a home squadron must watch those islands. So of other places. There is no danger in many places now in which there was much formerly; and where we have most commerce there is no danger at all. This protection, the object of a naval peace establishment, is only required against lawless or barbarian powers: such powers require the presence of some ships of war to restrain their piratical disposition. The great powers which recognize the laws of nations, need no such negotiators as men-of-war. They do not commit depredations to be redressed by a broadside into a town: if they do injury to commerce it is either accidental, or in pursuance to some supposed right: and in either case friendly ministers are to negotiate, and the political power to resolve, before cannon are fired. Here then is the measure of a peace establishment: it is in the number and power of the barbarian or half-barbarian powers which are not amenable to the laws of nations, and whose lawless propensities can only be restrained by the fear of immediate punishment. There are but few of these powers at present--much fewer than there were fifty years ago, and can only be found by going to the extremities of the globe--and are of no force when found, and can be kept in perfect order by cruisers. As for the squadrons kept up in the Mediterranean, the Pacific coast, Brazil, and East Indies, they are there without a reason, and against all reason--have nothing to do but stay abroad three years, and then come home--to be replaced by another for another three years: and so on, until there shall be reform. Better far, if all these squadrons are to be kept up, that they should remain at home, spending their money at home instead of abroad, and just as serviceable to commerce. As for the home squadron, that was established by law, without reason, and should be suppressed without delay: and as for the African squadron, that was established by treaty to please Great Britain, and ought, in the first place, not to have been established at all; and in the second place, should have been suppressed as soon as the five years' obligation to keep it up had expired.
Mr. Hamlin, of Maine, spoke to the body of the case, and with knowledge of the subject, and a friendly feeling to the navy--but not such feeling as could wink at its abuses. He said:
"He trusted he was the very last person who would detract from the well-merited fame of the navy; but he had another rule of action: he would endeavor so to vote in relation to this subject, as to check, if possible, what he believed the gross and extravagant expenditure of public money: and he referred gentlemen, in corroboration of this assertion that there was extravagance in the expenditures, to the report of the Committee on Naval Affairs. The facts which stared them in the face from every quarter justified him in the assertion that there was gross extravagance. Mr. H. referred to various items of expenditure, in proof of the existence of extravagance."
'Mr. Hamlin pointed to the enormous increase in the number of officers in the navy, constantly augmenting in a time of peace, instead of being diminished as the public good required:
"He produced tables, taken from official returns, to show that the greater number of these officers were necessarily unemployed, and were spending their time at home in idleness. He had nothing to urge against any officer of the navy; they could not be blamed for receiving the allowance which the law gave them, whether employed or not;--but he asked gentlemen to examine the great disparity between the number of naval officers, as regulated by statute, and the number now in existence."
This was said before the naval school was created: since the establishment of that school, enough are legally appointed to officer a great navy. Two hundred and fifty midshipmen constantly there, coming off by annual deliveries, and demanding more ships and commissions than the public service and the public Treasury can bear. Illegal appointments have ceased, but the evil of excessive appointments is greater than ever.
Mr. Hamlin produced some items of extravagance, one of which he summed up, showing as the result that $2,142 97 was expended at one hospital in liquors for the "sick," and $10,288 53 for provisions: and then went on to say:
"The amount expended within a period of one year on the coast of Florida by the commander of this little squadron, was five hundred and four thousand five hundred and eighty dollars; and yet the gentleman from South Carolina found in this nothing to induce the House to restrict the appropriations. Mr. H. said he would go for the amendment. He would go for any thing to stop the drafts these leeches were making on the Treasury. His principal object, however, in rising, was to call on the members to redeem the pledges of economy that they made at the beginning of the session, and he trusted that now that they had the opportunity they would redeem them. He was from a commercial State, and would be the last man to do any act that would be injurious to commerce; but he did not understand how commerce could be benefited or protected by suffering this enormous and profligate waste of public money to be continued. By introducing a proper system of economy and accountability, the navy would be more efficient, and the government would be able to employ more ships and more guns to protect commerce than they now did."
Mr. Hale replied to several members, and went on to speak of abuses in the navy expenditures, and the irresponsibility of officers:
"There was an old maxim in the navy, that there was no law for a post-captain, and really the adage seemed now to be verified. The navy (said Mr. H.) is utterly without law, and the document just read by the gentleman from Maine [Mr. HAMLIN] showing the expenditures of the Florida squadron, proved it. Such conduct as was described in that document ought to make every American blush; but what was the result of it? Why, the officer came forward and demanded of the Secretary of the Navy (Mr. Henshaw) extra compensation as commander of a foreign squadron, and the Secretary paid him from five to seven thousand dollars more. It was to correct a thousand such abuses as this, that had crept into the navy, that he would offer the amendment which had been read for the information of the committee. Mr. H. went on to comment on the large amount of money unnecessarily expended for the navy. We have, said he, twice as many officers as there is any use for, and they receive higher pay than the officers of any navy in the world."
Mr. Hale believed we had too many navy-yards, and mentioned the condition of the one nearest his own home, as an exemplification of his opinion, Portsmouth, New Hampshire--
"Where were stationed twenty-six officers, at an expense of $30,000 a year, and all to command six seamen and twelve ordinary seamen. This yard was commanded by a post-captain; and what duties had he to perform? Why, just nothing. What had the commander to do? Why, to help the captain; and as for the lieutenants, they had nothing to do but to give orders to the midshipmen."
The movement ended without results, and so of all desultory efforts at reform at any time. Abuses in the expenditure of public money are not of a nature to surrender at the first summons, nor to yield to any thing but persevering and powerful efforts. A solitary member, or a few members, can rarely accomplish any thing. The ready and efficient remedy lies with the administration, but for that purpose a Jefferson is wanted at the head of the government--a man not merely of the right principles, but of administrative talent, to know how to apply his economical doctrines. Such a President would now find a great field for economy and retrenchment in reducing our present expenditures about the one-half--from seventy odd millions to thirty odd. Next after an administration should come some high-spirited and persevering young men, who would lay hold, each of some great abuse, and pursue it without truce or mercy--year in, and year out--until it was extirpated. Some such may arise--one to take hold of the navy, one of the army, one of the civil and diplomatic--and gain honor for themselves and good for their country at the same time.
CXXII. CHINESE MISSION: MR. CUSHING'S APPOINTMENT AND NEGOTIATION
Ten days before the end of the session 1842-'3, there was taken up in the House of Representatives a bill reported from the Committee of Foreign Relations, to provide the means of opening future intercourse between the United States and China. The bill was unusually worded, and gave rise to criticism and objection. It ran thus:
"That the sum of forty thousand dollars be, and the same is hereby, appropriated and placed at the disposal of the President of the United States, to enable him to establish the future commercial relations between the United States and the Chinese Empire on terms of national equal reciprocity; the said sum to be accounted for by the President, under the restrictions and in the manner prescribed by the act of first of July, one thousand seven hundred and ninety, entitled 'An act providing the means of intercourse between the United States and foreign nations.'"
This bill was unusual, and objectionable in all its features. It appropriated a gross sum to be disposed of for its object as the President pleased, being the first instance in a public act of a departure from the rule of specific appropriations which Mr. Jefferson introduced as one of the great reforms of the republican or democratic party. It withdrew the settlement of the expenditure of this money from the Treasury officers, governed by law, to the President himself, governed by his discretion. It was copied from the act of July 1st, 1790, but under circumstances wholly dissimilar, and in violation of the rule which condemned gross, and required specific, appropriations. That act was made in the infancy of our government, and when preliminary, informal, and private steps were necessary to be taken before public negotiations could be ventured. It was under that act that Mr. Gouverneur Morris was privately authorized by President Washington to have the unofficial interviews with the British ministry which opened the way for the public mission which ended in the commercial treaty of 1794. Private advances were necessary with several powers, in order to avoid rebuff in a public refusal to treat with us. Great latitude of discretion was, therefore, entrusted to the President; and that President was Washington. A gross sum was put into his hands, to be disposed of as he should deem proper for its object, that of intercourse between the United States and foreign nations, and to account for such part of the expenditure of the sum as, in his judgment, might be made public, and he was limited in the sums he might allow to $9,000 outfit, and $9,000 salary to a full minister--to $4,500 per annum to a chargé de affaires--and to $1,350 to a secretary of legation. This bill for the Chinese mission was framed upon that early act of 1790, and even adopted its mode of accounting for the money by leaving it to the President to suppress the items of the expenditure, when he should judge it proper. The bill was loose and latitudinous enough to shock the democratic side of the House; but not enough so to satisfy its friends; and accordingly the first movement was to enlarge the President's discretion, by striking from the bill the word "restrictions" which applied to his application of the money. Mr. Adams made the motion, and as he informed the House in the course of the discussion, at the instance and according to the wish of the Secretary of State (Mr. Webster). This motion gave rise to much objection. Mr. Meriwether, a member of the committee which had reported the bill, spoke first; and said:
"He opposed the amendment. If he understood its effect, it would be to leave the mission without any restriction. The bill, as it came from the Committee on Foreign Affairs, placed this mission on the same footing as other missions. The Secretary of State, however, wished the whole sum placed at his own disposal and control--wished it left to him to pay as much as he pleased. He (Mr. M.) did not consider this mission to China as a matter of so much importance as had been claimed for it. He thought it would be difficult to persuade the people of that country to change their polity, give up their aversion to foreigners, and enter into commercial intercourse with other nations. He wished, at any rate, to have this mission placed on the same footing as other missions. He knew not how the whole of this sum of $40,000 was to be expended, although he was a member of the Committee on Foreign Affairs. Our ministers generally receive $9,000 a year salary, and $9,000 outfit. Now, if the amendment of the gentleman from Massachusetts [Mr. ADAMS] should be adopted, it would be in the power of the President to pay the minister who might be sent to China $20,000 outfit, and $20,000 more salary. The minister would be subject to no expense, would go out in a national vessel, and would not be compelled to land until it suited his pleasure. Why make a difference in the case of China? Was that mission of greater importance than the French? Look at Turkey--a semi-barbarous country--where our minister received $6,000 a year. He thought if $6,000 was enough for the services of Commodore Porter at Constantinople, that sum would be sufficient for any minister that might be sent out to China. When the amendment now before the committee should have been disposed of, he should move to place the mission to China upon the same footing with that to Turkey."
In these remarks Mr. Meriwether shows it was the sense of the committee to make the appropriation in the usual specific form, leaving the accountability to the usual Treasury settlement; but that the bill was changed to its present shape at the instance of the Secretary of State. Some members placed their objections on the ground of no confidence in the administration that was to expend the money: thus, Mr. J. C. Clark, of New York:
"In the British Parliament, it is a legitimate ground of objection to a supply bill, that the objector has no confidence in the ministry. This bill proposes to vest in the President and Secretary of State a large discretion in the expenditure of forty thousand dollars; and I agree with my friend from Georgia [Mr. MERIWETHER], that there is good reason to doubt the propriety of giving to these men the disbursement of any money not imperiously called for by the exigencies of the public service. I place my opposition to this bill solely on the ground of an utter want of confidence in the political integrity of the President and some of his official advisers."
Mr. Adams replied to these objections:
"He did not think it necessary to waste the time of the House in arguing the propriety of a mission to China. The message of the President was sufficient on that point.
"He then replied to the objections urged against the bill, on the ground that it placed too much confidence in the President, and that the appropriation was to be made without restriction. The motion which he had submitted, to strike out the restrictions of law, which were applicable to other diplomatic appropriations, was made after a consultation with the Secretary of State, who thought that to impose restrictions might embarrass the progress of the negotiations."
Mr. McKeon, of New York, opposed the whole scheme of the mission to China, believing it to be unnecessary, and to be conducted with too much pomp and expense, and to lay the foundation for a permanent mission. He said:
"There was nothing so very peculiar in the case of China, that Congress should depart from the usual restrictions of law, which applied to diplomatic appropriations generally. He thought it would be better to take the matter quietly, and go about it in a quiet business manner. Should the bill pass as reported by the committee, it would authorize a minister at a salary of $9,000 and $9,000 outfit. Pass it according to the amendment of the gentleman from Massachusetts [Mr. ADAMS], and $40,000 would thereby be placed at the disposal of the Executive--more than he (Mr. McK.) was willing to see placed in the hands of any President. He should be as liberal as any man in fixing the salaries of the minister and secretary. But the appropriation was only a beginning. The largest ship in this country (the Pennsylvania) would no doubt be selected to carry out whomsoever should be selected as minister, in order to give as much eclat as possible to our country. Then other vessels would have to be sent to accompany this ship, and to sail where her size would not allow her to go. These, and other paraphernalia, would have to be provided for the minister; and this $40,000 would be but a beginning of the expense. He concluded by expressing the hope that the motion to strike out the restrictions contained in the bill, and thereby place the whole appropriation at the disposal of the President, would not prevail."
Mr. Bronson, of Maine, expressed it as his conviction, that we should possess more information before such a measure as that of sending a minister plenipotentiary to China should be adopted. He should prefer having a commercial agent for the present. The question was then taken on Mr. Adams's proposed amendment, and resulted in its adoption--80 votes for it; 55 against it. The previous question being called, the bill was then passed without further debate or amendment--yeas 96: nays 59. The nays were:
"Messrs.--Thomas D. Arnold, Archibald H. Arrington, Charles G. Atherton, Benjamin A. Bidlack, John M. Botts, David Bronson, Milton Brown, Charles Brown, Edmund Burke, William O. Butler, Patrick C. Caldwell, William B. Campbell, Zadock Casey, John C. Clark, Nathan Clifford, Walter Coles, Benjamin S. Cowen, James H. Cravens, George W. Crawford, Garrett Davis, Andrew W. Doig, William P. Fessenden, Charles A. Floyd, A. Lawrence Foster, Roger L. Gamble, James Gerry, William L. Goggin, William O. Goode, Willis Green, William A. Harris, John Hastings, Samuel L. Hays, Jacob Houck, jr., Robert M. T. Hunter, John W. Jones, George M. Keim, Nathaniel S. Littlefield, Abraham McClellan, James J. McKay, John McKeon, Albert G. Marchand, Alfred Marshall, John Maynard, James A. Meriwether, John Moore, Bryan Y. Owsley, Kenneth Rayner, John R. Reding, John Reynolds, R. Barnwell Rhett, James Rogers, William Smith, John Snyder, James C. Sprigg, Edward Stanley, Lewis Steenrod, Charles C. Stratton, John T. Stuart, Samuel W. Trotti."
It was observed that Mr. Cushing, though a member of the committee which reported the bill, and a close friend to the administration, took no part in the proceedings upon this bill--neither speaking nor voting for or against it: a circumstance which strengthened the belief that he was to be the beneficiary of it.
It was midnight on the last day of the session when the bill was called up in the Senate. Mr. Wright of New York, desired to know the reason for so large an appropriation in this case. He was answered by Mr. Archer, the senatorial reporter of the bill, who said it was not intended that the salary of the minister, or agent, together with his outfit, should exceed $18,000 per annum--the amount usually appropriated for such missions. Supposing the mission to occupy two years, and the sum is not too much, and the remoteness of the country to be negotiated with, justifies the full appropriation in advance. Mr. Wright replied that the explanation was not at all satisfactory to him: the compensation to an agent in China could be voted annually, and applied annually, as conveniently as any other. Mr. Benton objected to any mission at all, and especially to such a one as the bill provided for. He argued that--
"There was no necessity for a treaty with China, was proved by the fact that our trade with that country had been going on well without one for a century or two, and was now growing and increasing constantly. It was a trade conducted on the simple and elementary principle of 'here is one,' and 'there is the other'--all ready-money, and hard money, or good products--no credit system, no paper money. For a long time this trade took nothing but silver dollars. At present it is taking some other articles, and especially a goodly quantity of Missouri lead. This has taken place without a treaty, and without an agent at $40,000 expense. All things are going on well between us and the Chinese. Our relations are purely commercial, conducted on the simplest principles of trade, and unconnected with political views. China has no political connection with us. She is not within the system, or circle, of American policy. She can have no designs upon us, or views in relation to us; and we have no need of a minister to watch and observe her conduct. Politically and commercially the mission is useless. By the Constitution, all the ministers are to be appointed by the Senate; but this minister to China is to be called an agent, and sent out by the President without the consent of the Senate; and thus, by imposing a false name upon the minister, defraud the Senate of their control over the appointment. The enormity of the sum shows that the mission is to be more expensive than any one ever sent from the United States; and that it is to be one of the first grade, or of a higher grade than any known in our country. Nine thousand dollars per annum, and the same for an outfit, is the highest compensation known to our service; yet this $40,000 mission may double that amount, and still the minister be only called an agent, for the purpose of cheating the Senate out of its control over the appointment. The bill is fraudulent in relation to the compensation to be given to this ambassadorial agent. No sum is fixed, but he is to take what he pleases for himself and his suite. He and they are to help themselves; and, from the amount allowed, they may help themselves liberally. In all other cases, salaries and compensations are fixed by law, and graduated by time; here there is no limit of either money or time. This mission goes by the job--$40,000 for the job--without regard to time or cost. A summer's work, or a year's work, it is all the same thing: it is a job, and is evidently intended to enable a gentleman, who loves to travel in Europe and Asia, to extend his travels to the Celestial Empire at the expense of the United States, and to write a book. The settlement of the accounts is a fraud upon the Treasury. In all cases of foreign missions, except where secret services are to be performed, and spies and informers to be dealt with, the accounts are settled at the Treasury Department, by the proper accounting officers; when secret services are to be covered, the fund out of which they are paid is then called the contingent foreign intercourse fund; and are settled at the State Department, upon a simple certificate from the President, that the money has been applied according to its intention. It was in this way that the notorious John Henry obtained his $50,000 during the late war; and that various other sums have been paid out to secret agents at different times. To this I do not object. Every government, in its foreign intercourse, must have recourse to agents, and have the benefit of some services, which would be defeated if made public; and which must, therefore, be veiled in secrecy, and paid for privately. This must happen in all governments; but not so in this case of the Chinese mission. Here, secrecy is intended for what our own minister, his secretary, and his whole suite, are to receive. Not only what they may give in bribes to Chinese, but what they may take in pay to themselves, is to be a secret. All is secret and irresponsible! And it will not do to assimilate this mission to the oldest government in the world, to the anomalous and anonymous missions to revolutionary countries. Such an analogy has been attempted in defence of this mission, and South American examples cited; but the cases are not analogous. Informal agencies, with secret objects, are proper to revolutionary governments; but here is to be a public mission, and an imposing one--the grandest ever sent out from the United States.--To attempt to assimilate such a mission to a John Henry case, or to a South American agency, is absurd and impudent; and is a fraud upon the system of accountability to which all our missions are subjected.
"The sum proposed is the same that is in the act of 1790, upon which the bill is framed. That act appropriated $40,000: but for what? For one mission? one man? one agent? one by himself, one? No. Not at all. That appropriation of 1790 was for all the missions of the year--all of every kind--public as well as secret: the forty thousand dollars in this bill is for one man. The whole diplomatic appropriation in the time of Washington is now to be given to one man: and it is known pretty well who it is to be. Forty thousand dollars to enable one of our citizens to get to Peking, and to bump his head nineteen times on the ground, to get the privilege of standing up in the presence of his majesty of the celestial empire. And this is our work in the last night of this Congress. It is now midnight: and, like the midnight which preceded the departure of the elder Adams from the government, the whole time is spent in making and filling offices. Providing for favorites, and feeding out of the public crib, is the only work of those whose brief reign is drawing to a close, and who have been already compelled by public sentiment to undo a part of their work. The bankrupt act is repealed by the Congress that made it; the distribution act has shared the same fate; and if they had another session to sit, the mandamus act against the States, the habeas corpus against the States, this Chinese mission, and all the other acts, would be undone. It would be the true realization of the story of the queen who unravelled at night the web that she wove during the day. As it is, enough has been done, and undone, to characterize this Congress--to entitle it to the name of Ulysses' wife--not because (like the virtuous Penelope) it resisted seduction--but because, like her, its own hands unravelled its own work."
Mr. Archer replied that the ignominious prostrations heretofore required of foreign ministers in the Imperial Chinese presence, were all abolished by the treaty with Great Britain, and that the Chinese government had expressed a desire to extend to the United States all the benefits of that treaty, and this mission was to conclude the treaty which she wished to make. Mr. Benton replied, so much the less reason for sending this expensive mission. We now have the benefits of the British treaty, and we have traded for generations with China without a treaty, and without a quarrel, and can continue to do so. She extends to us and to all nations the benefits of the British treaty: the consul at Canton, Dr. Parker, or any respectable merchant there, can have that treaty copied, and sign it for the United States; and deem himself well paid to receive the fortieth part of this appropriation. Mr. Woodbury wished to see a limitation placed upon the amount of the annual compensation, and moved an amendment, that not more than nine thousand dollars, exclusive of outfit, be allowed to any one person for his annual compensation. Mr. Archer concurred in the limitation, and it was adopted. Mr. Benton then returned to one of his original objections--the design of the bill to cheat the Senate out of its constitutional control over the appointment. He said the language of the bill was studiously ambiguous. Whether the person was to be a minister, a chargé, or an agent, was not expressed. He now desired to know whether it was to be understood that the person intended for this mission was to be appointed by the President alone, without asking the advice and consent of the Senate? Mr. Archer replied that he had no information on the subject. Mr. Conrad of Louisiana, said that he would move an amendment that might obviate the difficulty; he would move that no agent be appointed without the consent of the Senate. This amendment was proposed, and adopted--31 yeas; 9 nays. These amendments were agreed to by the House; and, thus limited and qualified, the bill became a law.
The expected name did not come. The Senate adjourned, and no appointment could be made until the next session. It was not a vacancy happening in the recess which the President could fill by a temporary appointment, to continue to the end of the next session. It was an original office created during the session, and must be filled at the session, or wait until the next one. The President did neither. There were two constitutional ways open to him--and he took neither. There was one unconstitutional way--and he took it. In brief, he made the appointment in the recess; and not only so made it, but sent off the appointee (Mr. Caleb Cushing) also in the recess. Scarcely had the Senate adjourned when it was known that Mr. Cushing was to go upon this mission as soon as the ships could be got ready to convey him: and in the month of May he departed. This was palpably to avoid the action of the Senate, where the nomination of Mr. Cushing would have been certain of rejection. He had already been three times rejected in one day upon a nomination for Secretary of the Treasury--receiving but two votes on the last trial. All the objections which applied to him for the Treasury appointment, were equally in force for the Chinese mission; and others besides. It was an original vacancy, and could not be filled during the recess by a temporary appointment. It was not a vacancy "happening" in the recess of the Senate, and therefore to be temporarily filled without the Senate's previous consent, lest the public interest in the meanwhile should suffer. It was an office created, and the emolument fixed, during the time that Mr. Cushing was a member of Congress: consequently he was constitutionally interdicted from receiving it during the continuance of that term. His term expired on the third of March: he was constitutionally ineligible up to the end of that day: and this upon the words of the constitution. Upon the reasons and motives of the constitution, he was ineligible for ever. The reason was, to prevent corrupt and subservient legislation--to prevent members of Congress from conniving or assisting at the enactment of laws for their own benefit, and to prevent Presidents from rewarding legislative subservience. Tested upon these reasons Mr. Cushing was ineligible after, as well as before, the expiration of his congressional term: and such had been the practice of all the previous Presidents. Even in the most innocent cases, and where no connivance could possibly be supposed of the member, would any previous President appoint a member to a place after his term expired, which he could not receive before it: as shown in Chapter XXX of the first volume of this View. In the case of Mr. Cushing all the reasons, founded in the motives of the constitutional prohibition, existed to forbid his appointment. He had deserted his party to join Mr. Tyler. He worked for him in and out of the House, and even deserted himself to support him--as in the two tariff bills of the current session; for both of which he voted, and then voted against them when vetoed: for which he was taunted by Mr. Granger, of New York.[7] There was besides a special provision in the law under which he was appointed to prevent the appointment from being made without the concurrence of the Senate. (The notice of the proceedings in the Senate when the bill which ripened into that law, have shown the terms of that provision, and the reasons of its adoption.) It is no answer to that pregnant amendment to say that the nomination would be sent in at the next session. That session would not come until six months after Mr. Cushing had sailed! not until he had arrived at his post! not until he had placed the entire diameter of the terraqueous globe between himself and the Senate! and a still greater distance between the Treasury and the $40,000 which he had drawn out of it!
[7] "Mr. Granger observed that he had a few words to say to the gentleman from Massachusetts [Mr. CUSHING]. When he reflected that that gentleman had voted for every bill that the President had vetoed, and had then defended every veto which the President had sent them, he had been not a little puzzled to know how to defend his position. The gentleman was like a man he saw a short time since in the circus, who came forward ready dressed and equipped to ride any horse that might be brought out for him. First the gentleman from Massachusetts rode the bank pony; and that having run to death, he mounted the veto charger. The second bank roadster, then the tariff palfrey, and lastly, the stout-limbed tariff hunter, were mounted in their turn; and the veto animals were as complacently mounted, and were seated with as much self-satisfaction. The gentleman had voted for every bill, and then had justified every veto, and every act of executive encroachment on this House."
Two squadrons of ships-of-war were put in requisition to attend this minister. The Pacific squadron, then on the coast of South America, was directed to proceed to China, to meet him: a squadron was collected at Norfolk to convey him. This squadron consisted of the new steam frigate, Missouri--the frigate Brandywine, the sloop-of-war Saint Louis, and the brig Perry--carrying altogether near two hundred guns; a formidable accompaniment for a peace mission, seeking a commercial treaty. Mr. Cushing had a craving to embark at Washington, under a national salute, and the administration gratified him: the magnificent steam frigate, Missouri, was ordered up to receive him. Threading the narrow and crooked channel of the Potomac River, the noble ship ran on an oyster bank, and fifteen of her crew, with a promising young officer, were drowned in getting her off. The minister had a desire to sail down the Mediterranean, seeing its coasts, and landing in the ancient kingdom of the Pharaohs: the administration deferred to his wishes. The Missouri was ordered to proceed to the Mediterranean, which the ill-fated vessel was destined never to enter; for, arriving at Gibraltar, she took fire and burned up--baptizing the anomalous mission in fire and blood, as well as in enormous expense. The minister proceeded in a British steamer to Egypt, and then by British conveyance to Bombay, where the Norfolk squadron had been ordered to meet him. The Brandywine alone was there, but the minister entered her, and proceeded to the nearest port to Canton, where, reporting his arrival and object, a series of diplomatic contentions immediately commenced between himself and "Ching, of the celestial dynasty, Governor-general of that part of the Central Flowery Kingdom." Mr. Cushing informed this governor that he was on his way to Peking, to deliver a letter from the President of the United States to the Emperor, and to negotiate a treaty of commerce; and, in the mean time, to take the earliest opportunity to inquire after the health of the august Emperor. To this inquiry Ching answered readily that, "At the present moment the great Emperor is in the enjoyment of happy old age and quiet health, and is at peace with all, both far and near:" but with respect to the intended progress to Peking, he demurs, and informs the minister that the imperial permission must first be obtained. "I have examined," he says, "and find that every nation's envoy which has come to the Central Flowery Kingdom with a view of proceeding to Peking, there to be presented to the august Emperor, has ever been required to wait outside of the nearest port on the frontier till the chief magistrate of the province clearly memorialize the Emperor, and request the imperial will, pointing out whether the interview may be permitted." With respect to the treaty of friendship and commerce, the governor declares there is no necessity for it--that China and America have traded together two hundred years in peace and friendship without a treaty--that all nations now had the benefit of the treaty made with Great Britain, which treaty was necessary to establish relations after a war; and that the United States, having had no war with China, had no need for a treaty. He supposes that, having heard of the British treaty, the United States began to want one also, and admits the idea is excellent, but unnecessary, and urges against it:
"As to what is stated, of publicly deliberating upon the particulars of perpetual peace, inasmuch as it relates to discoursing of good faith, peace, and harmony, the idea is excellent; and it may seem right, because he has heard that England has settled all the particulars of a treaty with China, he may desire to do and manage in the same manner. But the circumstances of the two nations are not the same, for England had taken up arms against China for several years, and, in beginning to deliberate upon a treaty, these two nations could not avoid suspicion; therefore, they settled the details of a treaty, in order to confirm their good faith; but since your honorable nation, from the commencement of commercial intercourse with China, during a period of two hundred years, all the merchants who have come to Canton, on the one hand, have observed the laws of China without any disagreement, and on the other, there has been no failure of treating them with courtesy, so that there has not been the slightest room for discord; and, since the two nations are at peace, what is the necessity of negotiating a treaty? In the commencement, England was not at peace with China; and when afterwards these two nations began to revert to a state of peace, it was indispensable to establish and settle details of a treaty, in order to oppose a barrier to future difficulties. I have now discussed this subject, and desire the honorable plenipotentiary maturely to consider it. Your honorable nation, with France and England, are the three great foreign nations that come to the south of China to trade. But the trade of America and England with China is very great. Now, the law regulating the tariff has changed the old established duties, many of which have been essentially diminished, and the customary expenditures (exactions?) have been abolished. Your honorable nation is treated in the same manner as England; and, from the time of this change in the tariff, all kinds of merchandise have flowed through the channels of free trade, among the people, and already has your nation been bedewed with its advantages. The honorable plenipotentiary ought certainly to look at and consider that the Great Emperor, in his leniency to men from afar, has issued edicts commanding the merchants and people peaceably to trade, which cannot but be beneficial to the nations. It is useless, with lofty, polished, and empty words, to alter these unlimited advantages."
In all this alleged extension of the benefits of the British treaty to all nations, Ching was right in what he said. The Emperor had already done it, and the British government had so determined it from the beginning. It was a treaty for the commercial world as well as for themselves, and had been so declared by the young Queen Victoria in her speech communicating the treaty to Parliament. "Throughout the whole course of my negotiations with the government of China, I have uniformly disclaimed the wish for any exclusive advantages. It has been my desire that equal favor should be shown to the industry and commercial enterprise of all nations." There was really no necessity for a treaty, which as often begets dissensions as prevents them; and if one was desirable, it might have been had through Dr. Parker, long a resident of China, and now commissioner there, and who was Secretary of Legation and interpreter in Mr. Cushing's mission, and the medium of his communications with the Chinese; and actually the man of business who did the business in conducting the negotiations. But Mr. Cushing perseveres in his design to go to Peking, alleging that, "He deems himself bound by the instructions of his government to do so." Ching replies that he has received the imperial order "to stop and soothe him." Ching also informs him that the treaty with Great Britain was negotiated, not at Peking but at Canton, and also its duplicate with Portugal, and that a copy of it was in the hands of the American consul at Canton, for the information and benefit of American merchants. In his anxiety to prevent a foreign ship-of-war from approaching Peking, the Chinese governor intimated that, if a treaty was indispensable, a commissioner might come to Canton for that purpose; and on inquiry from Mr. Cushing how long it would take to send to Peking and get a return, Ching answered, three months--the distance being so great. Mr. Cushing objects to that delay--declares he cannot wait so long, as the season for favorable navigation to approach Peking may elapse; and announces his determination to proceed at once in the Brandywine, without waiting for any permission; and declares that a refusal to receive him would be a national insult, and a just cause of war. Here is the extract from his letter:
"Under these circumstances, inasmuch as your Excellency does not propose to open to me the inland road to Peking, in the event of my waiting here until the favorable monsoon for proceeding to the north by sea shall have passed away, and as I cannot, without disregard of the commands of my government, permit the season to elapse without pursuing the objects of my mission, I shall immediately leave Macao in the Brandywine. I feel the less hesitation in pursuing this course, in consideration of the tenor of the several communications which I have received from your Excellency. It is obvious, that if the court had entertained any very particular desire that I should remain here, it would have caused an imperial commissioner to be on the spot, ready to receive me on my arrival, or, at any rate, instructions would have been forwarded to your Excellency for the reception of the legation; since, in order that no proper act of courtesy towards the Chinese government should be left unobserved, notice was duly given last autumn, by the consul of the United States, that my government had appointed a minister to China. The omission of the court to take either of these steps seems to indicate expectation, on its part, that I should probably land at some port in the north."
That is to say, at some port in the Yellow Sea, or its river nearest to Peking. This must have been a mode of reasoning new to Governor Ching, that an omission to provide for Mr. Cushing at the port where foreigners were received, should imply a license for him to land where they were not, except on express, imperial permission. Much as Ching must have been astonished at this American logic, he must have been still more so at the penalty announced for disregarding it! nothing less than "national insult," and "just cause of war." For the letter continues:
"Besides which, your Excellency is well aware, that it is neither the custom in China, nor consistent with the high character of its Sovereign, to decline to receive the embassies of friendly states. To do so, indeed, would among Western States be considered an act of national insult, and a just cause of war."
This sentence, as all that relates to Mr. Cushing's Chinese mission, is copied from his own official despatches; so that, what would be incredible on the relation of others, becomes undeniable on his own. National insult and just cause of war, for not allowing him to go to Peking!
Mr. Cushing justifies his refusal to negotiate at Canton as the British envoy had done, and not being governed by the ceremony observed in his case, on the ground that the circumstances were not analogous--that Great Britain had chastised the Chinese, and taken possession of one of their islands--and that it would be necessary for the United States to do the same to bring him within the rules which were observed with Sir Henry Pottinger, the British minister. This intimation, as impertinent as unfeeling, and as offensive as unfounded, was thus expressed:
"In regard to the mode and place of deliberating upon all things relative to the perpetual peace and friendship of China and the United States, your Excellency refers to the precedent of the late negotiations with the plenipotentiary of Great Britain. The rules of politeness and ceremony observed by Sir Henry Pottinger, were doubtless just and proper in the particular circumstances of the case. But, to render them fully applicable to the United States, it would be necessary for my government, in the first instance, to subject the people of China to all the calamities of war, and especially to take possession of some island on the coast of China as a place of residence for its minister. I cannot suppose that the imperial government wishes the United States to do this. Certainly no such wish is entertained at present by the United States, which, animated with the most amicable sentiments towards China, feels assured of being met with corresponding deportment on the part of China."
The Brandywine during this time was still at Macao, the port outside of the harbor, where foreign men-of-war are only allowed to come; but Mr. Cushing, following up the course he had marked out for himself, directed that vessel to enter the inner port, and sail up to Whampoa; and also to require a salute of twenty-one guns to be fired. Against this entrance the Chinese government remonstrated, as being against the laws and customs of the empire, contrary to what the British had done when they negotiated their treaty, and contrary to an article in that treaty which only permitted that entrance to a small vessel with few men and one petty officer: and if the Brandywine had not entered, he forbids her to come; and if she had, requires her to depart: and as for the salute, he declares he has no means of firing it; and, besides, it was against their laws. The governor expressed himself with animation and feeling on this subject, at the indignity of violating their laws, and under the pretext of paying him a compliment--for that was the only alleged cause of the intrusive entrance of the Brandywine. He wrote:
"But it is highly necessary that I should also remark, concerning the man-of-war Brandywine coming up to Whampoa. The Bogue makes an outer portal of Kwang Tung, where an admiral is stationed to control and guard. Heretofore, the men-of-war of foreign nations have only been allowed to cast anchor in the seas without the mouth of the river, and have not been permitted to enter within. This is a settled law of the land, made a long time past. Whampoa is the place where merchant ships collect together, not one where men-of-war can anchor. Now, since the whole design of merchantmen is to trade, and men-of-war are prepared to fight, if they enter the river, fright and suspicion will easily arise among the populace, thus causing an obstacle in the way of trade. Furthermore, the two countries are just about deliberating upon peace and good will, and suddenly to have a man-of-war enter the river, while we are speaking of good faith and cultivating good feeling, has not a little the aspect of distrust. Among the articles of the commercial regulations it is provided, that an English government vessel shall be allowed to remain at anchor at Whampoa, and that a deputy shall be appointed to control the seamen. The design of this, it was evident, was to put an end to strife, and quell disputes. But this vessel is a small one, containing but few troops, and moreover brings a petty officer, so that it is a matter of but little consequence, one way or another. If your country's man-of-war Brandywine contains five hundred and more troops, she has also a proportionately large number of guns in her, and brings a commodore in her; she is in truth far different from the government vessel of the British, and it is inexpedient for her to enter the river; and there are, in the aspect of the affair, many things not agreeable."
Nevertheless Mr. Cushing required the ship to enter the inner port, to demand a return-salute of twenty-one guns, and permission to the American commodore to make his compliments in person to the Chinese governor. This governor then addressed a remonstrance to the American commodore, which runs thus:
"When your Excellency first arrived in the Central Flowery Land, you were unacquainted with her laws and prohibitions--that it was against the laws for men-of-war to enter the river. Having previously received the public officer's (Cushing's) communication, I, the acting governor, have fully and clearly stated to him that the ship should be detained outside. Your Excellency's present coming up to Blenheim reach is therefore, no doubt, because the despatch sent previously to his Excellency Cushing had not been made known to you--whence the mistake. Respecting the salute of twenty-one guns, as it is a salute among western nations, it does [not] tally with the customs of China. Your Excellency being now in China, and, moreover, entered the river, it is not the same as if you were in your own country; and, consequently, it will be inexpedient to have the salute performed here; also, China has no such salute as firing twenty-one guns; and how can we imitate your country's custom in the number, and make a corresponding ceremony in return? It will, indeed, not be easy to act according to it. When the English admirals Parker and Saltoun came up to Canton, they were both in a passage vessel, not in a man-of-war, when they entered the river; nor was there any salute. This is evidence plain on this matter.
"Concerning what is said regarding a personal visit to this officer to pay respects, it is certainly indicative of good intention; but the laws of the land direct that whenever officers from other countries arrive upon the frontier, the governor and other high officers, not having received his Majesty's commands, cannot hold any private intercourse with them; nor can a deputy, not having received a special commission from the superior officers, have any private intercourse with foreign functionaries. It will consequently be inexpedient that your Excellency (whose sentiments are so polite and cordial) and I, the acting governor, should have an interview; for it is against the settled laws of the land."
Having thus violated the laws and customs of China in sending the Brandywine, Mr. Cushing follows it up with threats and menaces--assumes the attitude of an injured and insulted minister of peace--and, for the sake of China, regrets what may happen. In this vein he writes:
"It is customary, among all the nations of the West, for the ships of war of one country to visit the ports of another in time of peace, and, in doing so, for the commodore to exchange salutes with the local authorities, and to pay his compliments in person to the principal public functionary. To omit these testimonies of good will is considered as evidence of a hostile, or at least of an unfriendly feeling. But your Excellency says the provincial government has no authority to exchange salutes with Commodore Parker, or to receive a visit of ceremony from him. And I deeply regret, for the sake of China, that such is the fact. China will find it very difficult to remain in peace with any of the great States of the West, so long as her provincial governors are prohibited either to give or to receive manifestations of that peace, in the exchange of the ordinary courtesies of national intercourse. And I cannot forbear to express my surprise, that, in the great and powerful province of Kwang Tung, the presence of a single ship of war should be cause of apprehension to the local government. Least of all, should such apprehension be entertained in reference to any ships of war belonging to the United States, which now feels, and (unless ill-treatment of our public agents should produce a change of sentiments) will continue to feel, the most hearty and sincere good will towards China. Coming here, in behalf of my government, to tender to China the friendship of the greatest of the Powers of America, it is my duty, in the outset, not to omit any of the tokens of respect customary among western nations. If these demonstrations are not met in a correspondent manner, it will be the misfortune of China, but it will not be the fault of the United States."
In these sentences China is threatened with a war with the United States on account of her ill-treatment of the United States' public agents, meaning himself--the ill-treatment consisting in not permitting him to trample, without restraint, upon the laws and customs of the country. In this sense, Ching the governor, understood it, and answered:
"Regarding what is said of the settled usages of western nations--that not to receive a high commissioner from another state is an insult to that state--this certainly, with men, has a warlike bearing. But during the two hundred years of commercial intercourse between China and your country, there has not been the least animosity nor the slightest insult. It is for harmony and good will your Excellency has come; and your request to proceed to the capital, and to have an audience with the Emperor, is wholly of the same good mind. If, then, in the outset, such pressing language is used, it will destroy the admirable relations."
To this Mr. Cushing rejoins, following up the menace of war for the "ill-treatment" he was receiving--justifying it if it comes--reminds China of the five years' hostilities of Great Britain upon her--points to her antiquated customs as having already brought disasters upon her; and suggests a dismemberment of her empire as a consequence of war with the United States, provoked by ill-treatment of her public agents. Thus:
"I can only assure your Excellency, that this is not the way for China to cultivate good will and maintain peace. The late war with England was caused by the conduct of the authorities at Canton, in disregarding the rights of public officers who represented the English government. If, in the face of the experience of the last five years, the Chinese government now reverts to antiquated customs, which have already brought such disasters upon her, it can be regarded in no other light than as evidence that she invites and desires [war with] the other great western Powers. The United States would sincerely regret such a result. We have no desire whatever to dismember the territory of the empire. Our citizens have at all times deported themselves here in a just and respectful manner. The position and policy of the United States enable us to be the most disinterested and the most valuable of the friends of China. I have flattered myself, therefore, and cannot yet abandon the hope, that the imperial government will see the wisdom of promptly welcoming and of cordially responding to the amicable assurances of the government of the United States."
Quickly following this despatch was another, in which Mr. Cushing rises still higher in his complaints of molestation and ill-treatment--refers to the dissatisfaction which the American people will experience--thought they would have done better, having just been whipped by the British--confesses that his exalted opinion of China is undergoing a decline--hopes they will do better--postpones for a while his measures of redress--suspends his resentment--and by this forbearance will feel himself the better justified for what he may do if forced to act. But let his own words speak:
"I must not conceal from your Excellency the extreme dissatisfaction and disappointment which the people of America will experience when they learn that their Envoy, instead of being promptly and cordially welcomed by the Chinese government, is thus molested and delayed, on the very threshold of the province of Yuh. The people of America have been accustomed to consider China the most refined and the most enlightened of the nations of the East; and they will demand, how it is possible, if China be thus refined, she should allow herself to be wanting in courtesy to their Envoy; and, if China be thus enlightened, how it is possible that, having just emerged from a war with England, and being in the daily expectation of the arrival of the Envoy of the French, she should suffer herself to slight and repel the good will of the United States. And the people of America will be disposed indignantly to draw back the proffered hand of friendship, when they learn how imperfectly the favor is appreciated by the Chinese government. In consenting, therefore, to postpone, for a short time longer, my departure for the North (Peking), and in omitting, for however brief a period, to consider the action of the Chinese government as one of open disrespect to the United States, and to take due measures of redress, I incur the hazard of the disapprobation and censure of my government; for the American government is peculiarly sensitive to any act of foreign governments injurious to the honor of the United States. It is the custom of American citizens to demean themselves respectfully towards the people and authorities of any foreign nation in which they may, for the time being, happen to reside. Your Excellency has frankly and truly borne witness to the just and respectful deportment which both scholars and merchants of the United States have at all times manifested in China. But I left America as a messenger of peace. I came into China full of sentiments of respect and friendship towards its sovereign and its people. And notwithstanding what has occurred, since my arrival here, to chill the warmth of my previous good will towards China, and to bring down the high conceptions I had previously been led to form in regard to the courtesy of its government, I am loth to give these up entirely, and in so doing put an end perhaps to the existing harmonious relations between the United States and China. I have therefore to say to your Excellency, that I accept, for the present, your assurances of the sincerity and friendship of the Chinese government. I suspend all the resentment which I have just cause to feel on account of the obstructions thrown in the way of the progress of the legation, and other particulars of the action of the Imperial and Provincial governments, in the hope that suitable reparation will be made for these acts in due time. I commit myself, in all this, to the integrity and honor of the Chinese government; and if, in the sequel, I shall prove to have done this in vain, I shall then consider myself the more amply justified, in the sight of all men, for any determination which, out of regard for the honor of the United States, it may be my duty to adopt under such circumstances."
It was now the middle of May, 1844: the correspondence with Ching had commenced the last of February: the three months had nearly elapsed, within which a return answer was to be had from Peking: and by extraordinary speed the answer arrived. It contained the Emperor's positive refusal to suffer Mr. Cushing to come to Peking--enjoined him to remain where he was--cautioned him not to "agitate disorder"--and informing him that an Imperial commissioner would proceed immediately to Canton, travelling with the greatest celerity, and under orders to make one hundred and thirty-three miles a day, there to draw up the treaty with him. This information took away the excuse for the intrusive journey, or voyage, to Peking, and also showed that a commercial treaty might be had with China, without inflicting upon her the calamities of war, or breeding national dissensions out of diplomatic contentions. It made a further suspension of his resentment, and postponement of the measures which the honor of the United States required him to take for the molestations and ill treatment which the federal government had received in his person. These formidable measures, well known to be belligerent, were postponed, not abandoned; and the visit to Peking, forestalled by the arrival of an imperial commissioner to sign a treaty, was also postponed, not given up--its pretext now diminished, and reduced to the errand of delivering Mr. Tyler's letter to the Emperor. He consents to treat at Canton, but makes an excuse for it in the want of a steamer, and the non-arrival of the other ships of the squadron, which would have enabled him to approach Canton, intimidate the government, and obtain from their fears the concessions which their manners and customs forbid. All this he wrote himself to his government, and he is entitled to the benefit of his own words:
"So far as regards the objects of adjusting in a proper manner the commercial relations of the United States and China, nothing could be more advantageous than to negotiate with Tsiyeng at Canton, instead of running the risk of compromising this great object by having it mixed up at Tien Tsin, or elsewhere at the north, with questions of reception at Court. Add to which the fact that, with the Brandywine alone, without any steamer, and without even the St. Louis and the Perry, it would be idle to repair to the neighborhood of the Pih-ho, in any expectation of acting upon the Chinese by intimidation, and obtaining from their fears concessions contrary to the feeling and settled wishes of the Imperial government. To remain here, therefore, and meet Tsiyeng, if not the most desirable thing, is at present the only possible thing. It is understood that Tsiyeng will reach Canton from the 5th to the 10th of June."
This commissioner, Tsiyeng, arrived at the time appointed, and fortunately for the peace and honor of the country, as the St. Louis sloop-of-war, and the man-of-war brig Perry, arrived two days after, and put Mr. Cushing in possession of the force necessary to carry out his designs upon China. In the joy of receiving this accession to his force, he thus writes home to his government:
"It is with great pleasure I inform you that the St. Louis arrived here on the 6th instant, under the command of Lieutenant Keith, Captain Cocke (for what cause I know not, and cannot conceive), after detaining the ship at the Cape of Good Hope three months, having at length relinquished the command to Mr. Keith. And on the same day arrived also the Perry, commanded by Lieutenant Tilton. The arrival of these vessels relieves me from a load of solicitude in regard to the public business; for if matters do not go smoothly with Tsiyeng, the legation has now the means of proceeding to and acting at the North."
"If matters do not go smoothly with Tsiyeng!" and the very first step of Mr. Cushing was an attempt to ruffle that smoothness. The Chinese commissioner announced his arrival at Canton, and made known his readiness to draw up the treaty instantly. In this communication, the name of the United States, as according to Chinese custom with all foreign nations, was written in a lower column than that of the Chinese government--in the language of Mr. Cushing, "the name of the Chinese government stood higher in column by one character than that of the United States." At this collocation of the name of his country, Mr. Cushing took fire, and instantly returned the communication to the Imperial commissioner, "even at the hazard (as he informed his government) of at once cutting off all negotiation." Fortunately Tsiyeng was a man of sense, and of elevation of character, and immediately directed his clerk to elevate the name of the United States to the level of the column which contained that of China. By this condescension on the part of the Chinese commissioner, the negotiation was saved for the time, and the cannon and ammunition of our three ships of war prevented from being substituted for goose-quills and ink. The commissioner showed the greatest readiness, amounting to impatience, to draw up and execute the treaty; which was done in as little time as the forms could be gone through: and the next day the commissioner, taking his formal leave of the American legation, departed for Peking--a hint that, the business being finished, Mr. Cushing might depart also for his home. But he was not in such a hurry to return. "His pride and his feelings (to use his own words) had been mortified" at not being permitted to go to Peking--at being in fact stopped at a little island off the coast, where he had to transact all his business; and his mind still reverted to the cherished idea of going to Peking, though his business would be now limited to the errand of carrying Mr. Tyler's letter to the Emperor. In his despatch, immediately after the conclusion of this treaty, he justifies himself for not having gone before the Chinese commissioner arrived, placing the blame on the slow arrival of the St. Louis and the Perry, the non-arrival at all of the Pacific squadron, and the want of a steamer.
"With these reflections present to my mind, it only needed to consider further whether I should endeavor to force my way to Peking, or at least, by demonstration of force at the mouth of the Pih-ho, attempt to intimidate the Imperial government into conceding to me free access to the Court. In regard to this it is to be observed, that owing to the extraordinary delays of the St. Louis on her way here, I had no means of making any serious demonstration of force at the north, prior to the time when Tsiyeng arrived at Canton, on his way to Macao, there to meet me and negotiate a treaty. And with an Imperial commissioner near at hand, ready and willing to treat, would it have been expedient, or even justifiable, to enter upon acts of hostility with China, in order, if possible, to make Peking the place of negotiation?"
The correspondence does not show what was the opinion of the then administration upon this problem of commencing hostilities upon China after the commissioner had arrived to make the treaty; and especially to commit these hostilities to force a negotiation at Peking, where no treaty with any power had ever been negotiated, and where he expected serious difficulties in his presentation at court, as Mr. Cushing was determined not to make the prostrations (i. e. bumping his head nineteen times against the floor), which the Chinese ceremonial required.
"I have never disguised from myself the serious difficulties which I might have to encounter in forcing my way to Peking; and, if voluntarily admitted there, the difficulties almost equally serious connected with the question of presentation at court; for I had firmly resolved not to perform the acts of prostration to the Emperor. I struggled with the objections until intelligence was officially communicated to me of the appointment of Tsiyeng as imperial commissioner, and of his being actually on his way to Canton. To have left Macao after receiving this intelligence would have subjected me to the imputation of fleeing from, and, as it were, evading a meeting with Tsiyeng; and such an imputation would have constituted a serious difficulty (if not an insuperable one) in the way of successful negotiation at the North."
The despatch continues:
"On the other hand, I did not well see how the United States could make war on China to change the ceremonial of the court. And for this reason, it had always been with me an object of great solicitude to dispose of all the commercial questions by treaty, before venturing on Peking."
"Did not well see how the United States could make war on China to change the ceremonial of the court." This is very cool language, and implies that Mr. Cushing was ready to make the war--(assuming himself to be the United States, and invested with the war power)--but could not well discover any pretext on which to found it. He then excuses himself for not having done better, and gone on to Peking without stopping at the outer port of Canton, and so giving the Chinese time to send down a negotiator there, and so cutting off the best pretext for forcing the way to China: and this excuse resolves itself into the one so often given--the want of a sufficient squadron to force the way. Thus:
"If it should be suggested that it would have been better for me to have proceeded at once to the North (Peking), without stopping at Macao, I reply, that this was impracticable at the time of my arrival, with the Brandywine alone, before the southerly monsoon had set in, and without any steamer; that if at any time I had gone to the North in the view of negotiating there, I should have been wholly dependent on the Chinese for the means of lodging and subsisting on shore, and even for the means of landing at the mouth of the Pih-ho; that only at Macao could I treat independently, and that here, of necessity, must all the pecuniary and other arrangements of the mission be made, and the supplies obtained for the squadron. Such are the considerations and the circumstances which induced me to consent to forego proceeding to Peking."
So that, after all, it was only the fear of being whipt and starved that prevented Mr. Cushing from fighting his way to the foot-stool of power in the Tartar half of the Chinese Empire. The delay of the two smaller vessels, the non-arrival of the Pacific squadron, and the want of a steamer, were fortunate accidents for the peace and honor of the United States; and even the conflagration of the magnificent steam frigate, Missouri, with all her equipments, was a blessing, compared to the use to which she would have been put if Mr. Cushing's desire to see the coasts of the Mediterranean and the banks of the Nile had not induced him to take her to Gibraltar, instead of doubling the Cape of Good Hope in company with the Brandywine. Finally, he gives the reason for all this craving desire to get to Peking, which was nothing more nor less (and less it could not be) than the gratification of his own feelings of pride and curiosity. Hear him:
"And in regard to Peking itself, I have obtained the means of direct correspondence between the two governments immediately, and an express engagement, that if hereafter a minister of the French, or any other power, should be admitted to the court, the same privilege shall be accorded to the United States. If the conclusion of the whole matter be one less agreeable to my own feelings of pride or curiosity, it is, at any rate, the most important and useful to my country, and will therefore, I trust, prove satisfactory to the President."
It does not appear from any published instructions of the administration (then consisting of Mr. Tyler and his new cabinet after the resignation of all the whig members except Mr. Webster), how far Mr. Cushing was warranted in his belligerent designs upon China; but the great naval force which was assigned to him, the frankness with which he communicated all his bellicose intentions, the excuses which he made for not having proceeded to hostilities and the dismemberment of the Empire, and the encomiums with which his treaty was communicated to the Senate--all bespeak a consciousness of approbation on the part of the administration, and the existence of an expectation which might experience disappointment in his failing to make war upon the Chinese. In justice to Mr. Webster, it must be told that, although still in the cabinet when Mr. Cushing went to China, yet his day of influence was over: he was then in the process of being forced to resign: and Mr. Upshur, then Secretary of the Navy, was then virtually, as he was afterwards actually, Secretary of State, when the negotiations were carried on.
The publication of Mr. Cushing's correspondence, which was ordered by the Senate, excited astonishment, and attracted the general reprobation of the country. Their contents were revolting, and would have been incredible except for his own revelations. Narrated by himself they coerced belief, and bespoke an organization void of the moral sense, and without the knowledge that any body else possessed it. The conduct of the negotiator was condemned, his treaty was ratified, and the proceedings on his nomination remain a senatorial secret--the injunction of secrecy having never been removed from them.