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in the end, was really more just and merciful, than it would have been to attempt following out any of the visionary schemes which the more impracticable Indian enthusiasts are fond of recommending.

It was during Monroe's last term that Henry Clay brought in the first protective tariff bill, as distinguished from tariff bills to raise revenue with protection as an incident only. It was passed by a curiously mixed vote, which hardly indicated any one's future position on the tariff excepting that of Clay himself; Massachusetts, under the lead of Webster, joining hands with the Southern sea-coast states to oppose it, while Tennessee and New York split, and Missouri and Kentucky, together with most of the North, favored it. Benton voted for it, but on the great question of internal improvements he stood out clearly for the views that he ever afterwards held. This was first brought up by the veto, on constitutional grounds, of the Cumberland Road bill, which had previously passed both houses with singular unanimity, Benton's vote being one of the very few recorded against it. In regard to all such matters Benton was strongly in favor of a strict construction of the Constitution and of guarding the rights of the states, in spite of his devoted attachment to the Union. While voting against this bill, and denying the power or the right of the federal government to take charge of improvements which would benefit one state only, Benton was nevertheless careful to reserve to himself the right to support measures for improving national rivers or harbors yielding revenues. The trouble is, that however much the two classes of cases may differ in point of expediency, they overlap so completely that it is wholly impossible to draw a hard and fast line between them, and the question of constitutionality, if waived in the one instance, can scarcely with propriety be raised in the other.

With the close of Monroe's second term the "era of good feeling" came to an end, and the great Democratic-Republican party split up into several fragments, which gradually crystallized round two centres. But in 1824 this process was still incomplete, and the presidential election of that year was a simple scramble between four different candidates,--Jackson, Adams, Clay, and Crawford. Jackson had the greatest number of votes, but as no one had a majority, the election was thrown into the House of Representatives, where the Clay men, inasmuch as their candidate was out of the race, went over to Adams and elected him. Benton at the time, and afterwards in his "Thirty Years' View," inveighed against this choice as being a violation of what he called the "principle demos krateo"--a barbarous phrase for which he had a great fondness, and which he used and misused on every possible occasion, whether in speaking or writing. He insisted that, as Jackson had secured the majority of the electoral vote, it was the duty of the House of Representatives to ratify promptly this "choice of the people." The Constitution expressly provided that this need not be done. So Benton, who on questions of state rights and internal improvements was so pronounced a stickler for a strict construction of the Constitution, here coolly assumed the absurd position that the Constitution was wrong on this particular point, and should be disregarded, on the ground that there was a struggle "between the theory of the Constitution and the democratic principle." His proposition was ridiculous. The "democratic principle" had nothing more to do with the matter than had the law of gravitation. Either the Constitution was or it was not to be accepted as a serious document, that meant something; in the former case the election of Adams was proper in every aspect, in the latter it was unnecessary to have held any election at all.

At this period every one was floundering about in efforts to establish political relations, Benton not less than others; for he had begun the canvass as a supporter of Clay, and had then gone over to Crawford. But at the end he had become a Jacksonian Democrat, and during the rest of his political career he figured as the most prominent representative of the Jacksonian Democracy in the Senate. Van Buren himself, afterwards Jackson's prime favorite and political heir, was a Crawford man during this campaign.

Adams, after his election, which was owing to Clay's support, gave Clay the position of secretary of state in his cabinet. The affair unquestionably had an unfortunate look, and the Jacksonians, especially Jackson, at once raised a great hue and cry that there had been a corrupt bargain. Benton, much to his credit, refused to join in the outcry, stating that he had good and sufficient reasons--which he gave--to be sure of its falsity; a position which brought him into temporary disfavor with many of his party associates, and which a man who had Benton's ambition and bitter partisanship, without having his sturdy pluck, would have hesitated to take. The assault was directed with especial bitterness against Clay, whom Jackson ever afterwards included in the very large list of individuals whom he hated with the most rancorous and unreasoning virulence. Randolph of Roanoke, the privileged eccentric of the Senate, in one of those long harangues in which he touched upon everybody and everything, except possibly the point at issue, made a rabid onslaught upon the Clay-Adams coalition as an alliance of "the blackleg and the Puritan." Clay, who was susceptible enough to the charge of loose living, but who was a man of rigid honor and rather fond than otherwise of fighting, promptly challenged him, and a harmless interchange of shots took place. Benton was on the field as the friend of both parties, and his account of the affair is very amusing in its description of the solemn, hair-splitting punctilio with which it is evident that both Randolph and many of his contemporaries regarded points of dueling honor, which to us seem either absurd, trivial, or wholly incomprehensible.

Two tolerably well-defined parties now emerged from the chaos of contending politicians; one was the party of the administration, whose members called themselves National Republicans, and later on Whigs; the other was the Jacksonian Democracy. Adams's inaugural address and first message outlined the Whig policy as favoring a protective tariff, internal improvements, and a free construction of the Constitution generally. The Jacksonians accordingly took the opposite side on all these points, partly from principle and partly from perversity. In the Senate they assailed with turgid eloquence every administration measure, whether it was good or bad, very much of their opposition being purely factious in character. There has never been a time when there was more rabid, objectless, and unscrupulous display of partisanship. Benton, little to his credit, was a leader in these purposeless conflicts. The most furious of them took place over the proposed Panama mission. This was a scheme that originated in the fertile brain of Henry Clay, whose Americanism was of a type quite as pronounced as Benton's, and who was always inclined to drag us into a position of hostility to European powers. The Spanish-American States, having succeeded in winning their independence from Spain, were desirous of establishing some principle of concert in action among the American republics as a whole, and for this purpose proposed to hold an international congress at Panama. Clay's fondness for a spirited and spectacular foreign policy made him grasp eagerly at the chance of transforming the United States into the head of an American league of free republics, which would be a kind of cis-Atlantic offset to the Holy Alliance of European despotisms. Adams took up the idea, nominated ministers to the Panama Congress, and gave his reasons for his course in a special message to the Senate. The administration men drew the most rosy and impossible pictures of the incalculable benefits which would be derived from the proposed congress; and the Jacksonians attacked it with an exaggerated denunciation that was even less justified by the facts.

Adams's message was properly open to attack on one or two points; notably in reference to its proposals that we should endeavor to get the Spanish-American States to introduce religious tolerance within their borders. It was certainly an unhappy suggestion that we should endeavor to remove the mote of religious intolerance from our brother's eye while indignantly resenting the least allusion to the beam of slavery in our own. It was on this very point of slavery that the real opposition hinged. The Spanish States had emancipated their comparatively small negro populations, and, as is usually the case with Latin nations, did not have a very strong caste feeling against the blacks, some of whom accordingly had risen to high civic and military rank; and they also proposed to admit to their congress the negro republic of Hayti. Certain of the slave-holders of the South fiercely objected to any such association; and on this occasion Benton for once led and voiced the ultra-Southern feeling on the subject, announcing in his speech that diplomatic intercourse with Hayti should not even be discussed in the senate chamber, and that we could have no association with republics who had "black generals in their armies and mulatto senators in their congresses." But this feeling on the part of the slave-holders against the measure was largely, although not wholly, spurious; and really had less to do with the attitude of the Jacksonian Democrats than had a mere factious opposition to Adams and Clay. This was shown by the vote on the confirmation of the ministers, when the senators divided on party and not on sectional lines. The nominations were confirmed, but not till after such a length of time that the ministers were unable to reach Panama until after the congress had adjourned.

The Oregon question again came up during Adams's term, the administration favoring the renewal of the joint occupation convention, by which we held the country in common with Great Britain. There was not much public feeling in the matter; in the East there was none whatever. But Benton, when he opposed the renewal, and claimed the whole territory as ours, gave expression to the desires of all the Westerners who thought over the subject at all. He was followed by only half a dozen senators, all but one from the West, and from both sides of the Ohio--Illinois, Kentucky, Tennessee, Mississippi; the Northwest and Southwest as usual acting together.

The vote on the protective tariff law of 1828 furnished another illustration of the solidarity of the West. New England had abandoned her free trade position since 1824, and the North went strongly for the new tariff; the Southern sea-coast states, except Louisiana, opposed it bitterly; and the bill was carried by the support of the Western States, both the free and the slave. This tariff bill was the first of the immediate irritating causes which induced South Carolina to go into the nullification movement. Benton's attitude on the measure was that of a good many other men who, in their public capacities, are obliged to appear as protectionists, but who lack his frankness in stating their reasons. He utterly disbelieved in and was opposed to the principle of the bill, but as it had bid for and secured the interest of Missouri by a heavy duty on lead, he felt himself forced to support it; and so he announced his position. He simply went with his state, precisely as did Webster, the latter, in following Massachusetts' change of front and supporting the tariff of 1828, turning a full and complete somersault. Neither the one nor the other was to blame. Free traders are apt to look at the tariff from a sentimental stand-point; but it is in reality purely a business matter, and should be decided solely on grounds of expediency. Political economists have pretty generally agreed that protection is vicious in theory and harmful in practice; but if the majority of the people in interest wish it, and it affects only themselves, there is no earthly reason why they should not be allowed to try the experiment to their hearts' content. The trouble is that it rarely does affect only themselves; and in 1828 the evil was peculiarly aggravated on account of the unequal way in which the proposed law would affect different sections. It purported to benefit the rest of the country, but it undoubtedly worked real injury to the planter states, and there is small ground for wonder that the irritation over it in the region so affected should have been intense.

During Adams's term Benton began his fight for disposing of the public lands to actual settlers at a small cost. It was a move of enormous importance to the whole West; and Benton's long and sturdy contest for it, and for the right of pre?mption, entitle him to the greatest credit. He never gave up the struggle, although repulsed again and again, and at the best only partially successful; for he had to encounter much opposition, especially from the short-sighted selfishness of many of the Northeasterners, who wished to consider the public lands purely as sources of revenue. He utterly opposed the then existing system of selling land to the highest bidder--a most hurtful practice; and objected to the establishment of an arbitrary minimum price, which practically kept all land below a certain value out of the market altogether. He succeeded in establishing the pre?mption system, and had the system of renting public mines, etc., abolished; and he struggled for the principle of giving land outright to settlers in certain cases. As a whole, his theory of a liberal system of land distribution was undoubtedly the correct one, and he deserves the greatest credit for having pushed it as he did.

THE ELECTION OF JACKSON, AND THE SPOILS SYSTEM.

In the presidential election of 1828 Jackson and Adams were pitted against each other as the only candidates before the people, and Jackson won an overwhelming victory. The followers of the two were fast developing respectively into Democrats and Whigs, and the parties were hardening and taking shape, while the dividing lines were being drawn more clearly and distinctly. But the contest was largely a personal one, and Jackson's success was due to his own immense popularity more than to any party principles which he was supposed to represent. Almost the entire strength of Adams was in the Northeast; but it is absolutely wrong to assume, because of this fact, that the election even remotely foreshadowed the way in which party lines would be drawn in the coming sectional antagonism over slavery. Adams led Jackson in the two slave states of Maryland and Delaware; and in the free states outside of New England Jackson had an even greater lead over Adams. East of the Alleghanies it may here and there have been taken as in some sort a triumph of the South over the North; but its sectional significance, as far as it had any, really came from its being a victory of the West over the East. Infinitely more important than this was the fact that it represented the overwhelmingly successful upheaval of the most extreme democratic elements in the community.

Until 1828 all the presidents, and indeed almost all the men who took the lead in public life, alike in national and in state affairs, had been drawn from what in Europe would have been called the "upper classes." They were mainly college-bred men of high social standing, as well educated as any in the community, usually rich or at least well-to-do. Their subordinates in office were of much the same material. It was believed, and the belief was acted upon, that public life needed an apprenticeship of training and experience. Many of our public men had been able; almost all had been honorable and upright. The change of parties in 1800, when the Jeffersonian Democracy came in, altered the policy of the government, but not the character of the officials. In that movement, though Jefferson had behind him the mass of the people as the rank and file of his party, yet all his captains were still drawn from among the men in the same social position as himself. The Revolutionary War had been fought under the leadership of the colonial gentry; and for years after it was over the people, as a whole, felt that their interests could be safely intrusted to and were identical with those of the descendants of their revolutionary leaders. The classes in which were to be found almost all the learning, the talent, the business activity, and the inherited wealth and refinement of the country, had also hitherto contributed much to the body of its rulers.

The Jacksonian Democracy stood for the revolt against these rulers; its leaders, as well as their followers, all came from the mass of the people. The majority of the voters supported Jackson because they felt he was one of themselves, and because they understood that his election would mean the complete overthrow of the classes in power and their retirement from the control of the government. There was nothing to be said against the rulers of the day; they had served the country and all its citizens well, and they were dismissed, not because the voters could truthfully allege any wrong-doing whatsoever against them, but solely because, in their purely private and personal feelings and habits of life, they were supposed to differ from the mass of the people. This was such an outrageously absurd feeling that the very men who were actuated by it, or who, like Benton, shaped and guided it, were ashamed to confess the true reason of their actions, and tried to cloak it behind an outcry, as vague and senseless as it was clamorous, against "aristocratic corruption" and other shadowy and spectral evils. Benton even talked loosely of "retrieving the country from the deplorable condition in which the enlightened classes had sunk it," although the country was perfectly prosperous and in its usual state of quiet, healthy growth. On the other hand, the opponents of Jackson indulged in talk almost as wild, and fears even more extravagant than his supporters' hopes; and the root of much of their opposition lay in a concealed but still existent caste antagonism to a man of Jackson's birth and bringing up. In fact, neither side, in spite of all their loud talk of American Republicanism, had yet mastered enough of its true spirit to be able to see that so long as public officers did their whole duty to all classes alike, it was not in the least the affair of their constituents whether they chose to spend their hours of social relaxation in their shirt-sleeves or in dress coats.

The change was a great one; it was not a change of the policy under which the government was managed, as in Jefferson's triumph, but of the men who controlled it. The two great democratic victories had little in common; almost as little as had the two great leaders under whose auspices they were respectively won,--and few men were ever more unlike than the scholarly, timid, and shifty doctrinaire, who supplanted the elder Adams, and the ignorant, headstrong, and straightforward soldier, who was victor over the younger. That the change was the deliberate choice of the great mass of the people, and that it was one for the worse, was then, and has been ever since, the opinion of most thinking men; certainly the public service then took its first and greatest step in that downward career of progressive debasement and deterioration which has only been checked in our own days. But those who would, off-hand, decry the democratic principle on this account would do well to look at the nearly contemporaneous career of the pet heroes of a trans-Atlantic aristocracy before passing judgment. A very charming English historian of our day has compared Wellington with Washington; it would have been far juster to have compared him with Andrew Jackson. Both were men of strong, narrow minds and bitter prejudices, with few statesmanlike qualities, who, for brilliant military services, were raised to the highest civil positions in the gift of the state. The feeling among the aristocratic classes of Great Britain in favor of the Iron Duke was nearly as strong and quite as unreasonable as was the homage paid by their homelier kinsfolk across the Atlantic to Old Hickory. Wellington's military successes were far greater, for he had more chances; but no single feat of his surpassed the remarkable victory won against his ablest lieutenant and choicest troops by a much smaller number of backwoods riflemen under Andrew Jackson. As a statesman Wellington may have done less harm than Jackson, for he had less influence; but he has no such great mark to his credit as the old Tennessean's attitude toward the Nullifiers. If Jackson's election is a proof that the majority is not always right, Wellington's elevation may be taken as showing that the minority, or a fraction thereof, is in its turn quite as likely to be wrong.

This caste antagonism was the distinguishing feature in the election of 1828, and the partially sectional character of the contest was due to the different degree of development the caste spirit had reached in different portions of the Union. In New England wealth was quite evenly distributed, and education and intelligence were nearly universal; so there the antagonism was slight, the bulk of the New England vote being given, as usually before and since, in favor of the right candidate. In the Middle States, on the contrary, the antagonism was very strong. In the South it was of but little political account as between the whites themselves, they all being knit together by the barbarous bond of a common lordship of race; and here the feeling for Jackson was largely derived from the close kinship still felt for the West. In the West itself, where Jackson's great strength lay, the people were still too much on the same plane of thought as well as of material prosperity, and the wealthy and cultivated classes were of too limited extent to admit of much caste feeling against the latter; and, accordingly, instead of hostility to them, the Western caste spirit took the form of hostility to their far more numerous representatives who had hitherto formed the bulk of the political rulers of the East.

New England was not only the most advanced portion of the Union, as regards intelligence, culture, and general prosperity, but was also most disagreeably aware of the fact, and was possessed with a self-conscious virtue that was peculiarly irritating to the Westerners, who knew that they were looked down upon, and savagely resented it on every occasion; and, besides, New England was apt to meddle in affairs that more nearly concerned other localities. Several of Benton's speeches, at this time, show this irritation against the Northeast, and also incidentally bring out the solidarity of interest felt throughout the West. In a long and able speech, favoring the repeal of the iniquitous "salt tax," or high duty on imported salt , he brought out the latter point very strongly, besides complaining of the disproportionate lightness of the burden imposed upon the Northeast by the high tariff, of which he announced himself to be but a moderate adherent. In common with all other Western statesmen, he resented keenly the suspicion with which the Northeast was then only too apt to regard the West, quoting in one of his speeches with angry resentment a prevalent New England sneer at "the savages beyond the Alleghanies." At the time we are speaking of it must be remembered that many even of the most advanced Easterners were utterly incapable of appreciating the almost limitless capacity of their country for growth and expansion, being in this respect far behind their Western brethren; indeed, many regarded the acquisition of any new territory in the West with alarm and regret, as tending to make the Union of such unwieldy size that it would break of its own weight.

Benton was the leading opponent of a proposal, introduced by Senator Foot of Connecticut, to inquire into the expediency of limiting the sales of public lands to such lands as were then in the market. The limitation would have been most injurious to the entire West, which was thus menaced by the action of a New Englander, while Benton appeared as the champion of the whole section, North and South alike, in the speech wherein he strenuously and successfully opposed the adoption of the resolution, and at the same time bitterly attacked the quarter of the country from which it came, as having from the earliest years opposed everything that might advance the interests of the people beyond the Alleghanies. Webster came to the assistance of the mover of the measure in a speech wherein, among other things, he claimed for the North the merit of the passage of the Ordinance of 1787, in relation to the Northwest Territory, and especially of the anti-slavery clause therein contained. But Benton here caught him tripping, and in a very good speech showed that he was completely mistaken in his facts. The debate now, however, completely left the point at issue, taking a bitterly sectional turn, and giving rise to the famous controversy between Hayne, of South Carolina, who for the first time on the floor of the Senate announced the doctrine of nullification, and Webster, who, in response to his antagonist, voiced the feeling of the Union men of the North in that wonderful and magnificent speech known ever since under the name of the "Reply to Hayne," and the calling forth of which will henceforward be Hayne's sole title to fame. Benton, though himself a strong Union and anti-nullification man, was still too excited over the subject-matter of the bill and the original discussion over it to understand that the debate had ranged off upon matters of infinitely greater importance, and entirely failed to realize that he had listened to the greatest piece of oratory of the century. On the contrary, encouraged by his success earlier in the debate, he actually attempted a kind of reply to Webster, attacking him with invective and sarcasm as an alarmist, and taunting him with the memory of the Hartford Convention, which had been held by members of the Federalist party, to which Webster himself had once belonged. Benton afterwards became convinced that Webster's views were by no means those of a mere alarmist, and frankly stated that he had been wrong in his position; but at the time, heated by his original grievance, as a Western man, against New England, he failed entirely to understand the true drift of Hayne's speech. Much of New England's policy to the West was certainly excessively narrow-minded.

Jackson's administration derives a most unenviable notoriety as being the one under which the "spoils system" became, for the first time, grafted on the civil service of the nation; appointments and removals in the public service being made dependent upon political qualifications, and not, as hitherto, upon merit or capacity. Benton, to his honor, always stoutly opposed this system. It is unfair to assert that Jackson was the originator of this method of appointment; but he was certainly its foster-father, and more than any one else is responsible for its introduction into the affairs of the national government. Despite all the Eastern sneers at the "savages" of the West, it was from Eastern men that this most effective method of debauching political life came. The Jacksonian Democrats of the West, when they introduced it into the working of the federal government, simply copied the system which they found already firmly established by their Eastern allies in New York and Pennsylvania. For many years the course of politics throughout the country had been preparing and foreshadowing the advent of the "spoils system." The greatest single stroke in its favor had been done at the instigation of Crawford, when that scheming politician was seeking the presidency, and, to further his ends, he procured the passage by Congress of a law limiting the term of service of all public officials to four years, thus turning out of office all the fifty thousand public servants during each presidential term. This law has never been repealed, every low politician being vitally interested in keeping it as it is, and accordingly it is to be found on the statute-books at the present day; and though it has the company of some other very bad measures, it still remains very much the worst of all, as regards both the evil it has done and that which it is still doing. This four years' limitation law was passed without comment or protest, every one voting in its favor, its probable working not being comprehended in the least. Says Benton, who, with all his colleagues, voted for it: "The object of the law was to pass the disbursing officers every four years under the supervision of the appointing power, for the inspection of their accounts, in order that defaulters might be detected and dropped, while the faithful should be ascertained and continued.... It was found to operate contrary to its intent, and to have become the facile means of getting rid of faithful disbursing officers, instead of retaining them." New York has always had a low political standard, one or the other of its great party and factional organizations, and often both or all of them, being at all times most unlovely bodies of excessively unwholesome moral tone. Aaron Burr introduced the "spoils system" into her state affairs, and his methods were followed and improved upon by Marcy, Wright, Van Buren, and all the "Albany Regency." In 1829 these men found themselves an important constituent portion of the winning party, and immediately, by the help of the only too willing Jackson, proceeded to apply their system to affairs at Washington. It was about this time that, in the course of a debate in the Senate, Marcy gave utterance to the now notorious maxim, "To the victors belong the spoils."

Under Adams the non-partisan character of the public service had been guarded with a scrupulous care that could almost be called exaggerated. Indeed, Adams certainly went altogether too far in his non-partisanship when it came to appointing cabinet and other high officers, his views on such points being not only fantastic, but absolutely wrong. The colorless character of his administration was largely due to his having, in his anxiety to avoid blind and unreasoning adherence to party, committed the only less serious fault of paying too little heed to party; for a healthy party spirit is prerequisite to the performance of effective work in American political life. Adams was not elected purely for himself, but also on account of the men and the principles that he was supposed to represent; and when he partly surrounded himself with men of opposite principles, he just so far, though from the best of motives, betrayed his supporters, and rightly forfeited much of their confidence. But, under him, every public servant felt that, so long as he faithfully served the state, his position was secure, no matter what his political opinions might be.

In the "Thirty Years' View" he again writes, in language which would be appropriate from every advanced civil service reformer of the present day, that is, from every disinterested man who has studied the workings of the "spoils system" with any intelligence:--

I consider "sweeping" removals, as now practiced by both parties, a great political evil in our country, injurious to individuals, to the public service, to the purity of elections, and to the harmony and union of the people. Certainly no individual has a right to an office; no one has an estate or property in a public employment; but when a mere ministerial worker in a subordinate station has learned its duties by experience and approved his fidelity by his conduct, it is an injury to the public service to exchange him for a novice whose only title to the place may be a political badge or partisan service. It is exchanging experience for inexperience, tried ability for untried, and destroying the incentive to good conduct by destroying its reward. To the party displaced it is an injury, he having become a proficient in that business, expecting to remain in it during good behavior, and finding it difficult, at an advanced age, and with fixed habits, to begin a new career in some new walk of life. It converts elections into scrambles for office, and degrades the government into an office for rewards and punishments; and divides the people of the Union into two adverse parties, each in its turn, and as it becomes dominant, to strip and proscribe the other.

Benton had now taken the position which he was for many years to hold, as the recognized senatorial leader of a great and well-defined party. Until 1828 the prominent political chiefs of the nation had either been its presidents, or had been in the cabinets of these presidents. But after Jackson's time they were in the Senate, and it was on this body that public attention was concentrated. Jackson's cabinet itself showed such a falling off, when compared with the cabinets of any of his predecessors, as to justify the caustic criticism that, when he took office, there came in "the millennium of the minnows." In the Senate, on the contrary, there were never before or since so many men of commanding intellect and powers. Calhoun had been elected as vice-president on the Jacksonian ticket, and was thus, in 1829, presiding over the body of which he soon became an active member; Webster and Clay were already taking their positions as the leaders of the great National Republican, or, as it was afterwards called, Whig party.

When the rupture between Calhoun and the Jacksonian Democrats, and the resignation of the former from the vice-presidency took place, three parties developed in the United States Senate. One was composed of the Jacksonian Democrats, with Benton at their head; one was made up of the little band of Nullifiers, led by Calhoun; and the third included the rather loose array of the Whigs, under Clay and Webster. The feeling of the Jacksonians towards Calhoun and the Nullifiers and towards Clay and the Clay Whigs were largely those of personal animosity; but they had very little of this sentiment towards Webster and his associates, their differences with them being on questions of party principle, or else proceeding from merely sectional causes.

THE STRUGGLE WITH THE NULLIFIERS.

During both Jackson's presidential terms he and his adherents were engaged in two great struggles; that with the Nullifiers, and that with the Bank. Although these struggles were in part synchronous, it will be easier to discuss each by itself.

The nullification movement in South Carolina, during the latter part of the third and early part of the fourth decades in the present century, had nothing to do, except in the most distant way, with slavery. Its immediate cause was the high tariff; remotely it sprang from the same feelings which produced the Virginia and Kentucky resolutions of 1798.

Certain of the Slave States, including those which raised hemp, indigo, and sugar, were high-tariff states; indeed, it was not till towards the close of the presidency of Monroe that there had been much sectional feeling over the policy of protection. Originally, while we were a purely agricultural and mercantile people, free trade was the only economic policy which occurred to us as possible to be followed, the first tariff bill being passed in 1816. South Carolina then was inclined to favor the system, Calhoun himself supporting the bill, and, his subsequent denials to the contrary notwithstanding, distinctly advocating the policy of protection to native industries; while Massachusetts then and afterwards stoutly opposed its introduction, as hostile to her interests. However, the bill was passed, and Massachusetts had to submit to its operation. After 1816 new tariff laws were enacted about every four years, and soon the coast Slave States, except Louisiana, realized that their working was hurtful to the interests of the planters. New England also changed her attitude; and when the protective tariff bill of 1828 came up, its opponents and supporters were sharply divided by sectional lines. But these lines were not such as would have divided the states on the question of slavery. The Northeast and Northwest alike favored the measure, as also did all the Southern States west of the Alleghanies, and Louisiana. It was therefore passed by an overwhelming vote, against the solid opposition of the belt of Southern coast states stretching from Virginia to Mississippi, and including these two.

The states that felt themselves harmed by the tariff did something more than record their disapproval by the votes of their representatives in Congress. They nearly all, through their legislatures, entered emphatic protests against its adoption, as being most harmful to them and dangerous to the Union; and some accompanied their protests with threats as to what would be done if the obnoxious laws should be enforced. They certainly had grounds for discontent. In 1828 the tariff, whether it benefited the country as a whole or not, unquestionably harmed the South; and in a federal Union it is most unwise to pass laws which shall benefit one part of the community to the hurt of another part, when the latter receives no compensation. The truculent and unyielding attitude of the extreme protectionists was irritating in the extreme; for cooler men than the South Carolinians might well have been exasperated at such an utterance as that of Henry Clay, when he stated that for the sake of the "American system"--by which title he was fond of styling a doctrine already ancient in mediaeval times--he would "defy the South, the president and the devil."

On the other hand, both the good and the evil effects of the tariff were greatly exaggerated. Some harm to the planter states was doubtless caused by it; but their falling back, as compared with the North, in the race for prosperity, was doubtless caused much more by the presence of slavery, as Dallas, of Pennsylvania, pointed out in the course of some very temperate and moderate remarks in the Senate. Clay's assertions as to what the tariff had done for the West were equally ill-founded, as Benton showed in a good speech, wherein he described picturesquely enough the industries and general condition of his portion of the country, and asserted with truth that its revived prosperity was due to its own resources, entirely independent of federal aid or legislation. He said: "I do not think we are indebted to the high tariff for our fertile lands and our navigable rivers; and I am certain we are indebted to these blessings for the prosperity we enjoy." "In all that comes from the soil the people of the West are rich. They have an abundant supply of food for man and beast, and a large surplus to send abroad. They have the comfortable living which industry creates for itself in a rich soil, but beyond this they are poor.... They have no roads paved or macadamized; no canals or aqueducts; no bridges of stone across the innumerable streams; no edifices dedicated to eternity; no schools for the fine arts; not a public library for which an ordinary scholar would not apologize." Then he went on to speak of the commerce of the West and its exports, "the marching myriads of living animals annually taking their departure from the heart of the West, defiling through the gorges of the Cumberland, the Alleghany, and the Appalachian mountains, or traversing the plains of the South, diverging as they march, ... and the flying steamboats and the fleets of floating arks, loaded with the products of the forest, the farm, and the pasture, following the courses of our noble rivers, and bearing their freights to the great city" of New Orleans.

Unfortunately Benton would interlard even his best speeches with theories of economics often more or less crude, and, still worse, with a series of classic quotations and allusions; for he was grievously afflicted with the rage for cheap pseudo-classicism that Jefferson and his school had borrowed from the French revolutionists. Nor could he resist the temptation to drag in allusions to some favorite hobby. The repeal of the salt-tax was an especial favorite of his. He was perfectly right in attacking the tax, and deserves the greatest credit for the persistency which finally won him the victory. But his associates, unless of a humorous turn of mind, must have found his allusions to it rather tiresome, as when, apropos of the commerce of the Mississippi, and without any possible excuse for speaking of the iniquity of taxing salt, he suddenly alluded to New Orleans as "that great city which revives upon the banks of the Mississippi the name of the greatest of the emperors that ever reigned upon the banks of the Tiber, and who eclipsed the glory of his own heroic exploits by giving an order to his legions never to levy a contribution of salt upon a Roman citizen!"

It must be admitted that the tariff did some harm to the South, and that it was natural for the latter to feel resentment at the way in which it worked. But it must also be remembered that no law can be passed which does not distribute its benefits more or less unequally, and which does not, in all probability, work harm in some cases. Moreover, the South was estopped from complaining of one section being harmed by a law that benefited, or was supposed to benefit, the country at large, by her position in regard to the famous embargo and non-intervention acts. These inflicted infinitely more damage and loss in New England than any tariff law could inflict on South Carolina, and, moreover, were put into execution on account of a quarrel with England forced on by the West and South contrary to the desire of the East. Yet the Southerners were fierce in their denunciations of such of the Federalists as went to the extreme in opposition to them. Even in 1816 Massachusetts had been obliged to submit with good grace to the workings of a tariff which she deemed hostile to her interests, and which many Southerners then advocated. Certainly, even if the new tariff laws were ill-advised, unjust, and unequal in their working, yet they did not, in the most remote degree, justify any effort to break up the Union; especially the South had no business to complain when she herself had joined in laying heavier burdens on the shoulders of New England.

Complain she did, however; and soon added threats to complaints, and was evidently ready to add acts to threats. Georgia, at first, took the lead in denunciation; but South Carolina soon surpassed her, and finally went to the length of advocating and preparing for separation from the Union; a step that produced a revulsion of feeling even among her fellow anti-tariff states. The South Carolinian statesmen now proclaimed the doctrine of nullification,--that is, proclaimed that if any state deemed a federal law improper, it could proceed to declare that law null and void so far as its own territory was concerned,--and, as a corollary, that it had the right forcibly to prevent execution of this void law within its borders. This was proclaimed, not as an exercise of the right of revolution, which, in the last resort, belongs, of course, to every community and class, but as a constitutional privilege. Jefferson was quoted as the father of the idea, and the Kentucky resolutions of 1798-99, which he drew, were cited as the precedent for the South Carolinian action. In both these last assertions the Nullifiers were correct. Jefferson was the father of nullification, and therefore of secession. He used the word "nullify" in the original draft which he supplied to the Kentucky legislature, and though that body struck it out of the resolutions which they passed in 1798, they inserted it in those of the following year. This was done mainly as an unscrupulous party move on Jefferson's part, and when his side came into power he became a firm upholder of the Union; and, being constitutionally unable to put a proper value on truthfulness, he even denied that his resolutions could be construed to favor nullification--though they could by no possibility be construed to mean anything else.

At this time it is not necessary to discuss nullification as a constitutional dogma; it is an absurdity too great to demand serious refutation. The United States has the same right to protect itself from death by nullification, secession, or rebellion, that a man has to protect himself from death by assassination. Calhoun's hair-splitting and metaphysical disquisitions on the constitutionality of nullification have now little more practical interest than have the extraordinary arguments and discussions of the school-men of the Middle Ages.

But at the time they were of vital interest, for they were words which it was known South Carolina was prepared to back up by deeds. Calhoun was vice-president, the second officer in the federal government, and yet also the avowed leader of the most bitter disunionists. His state supported him by an overwhelming majority, although even within its own borders there was an able opposition, headed by the gallant and loyal family of the Draytons,--the same family that afterwards furnished the captain of Farragut's flag-ship, the glorious old Hartford. There was a strong sentiment in the other Southern States in his favor; the public men of South Carolina made speech after speech goading him on to take even more advanced ground.

In Washington the current at first seemed to be all setting in favor of the Nullifiers; they even counted on Jackson's support, as he was a Southerner and a states'-rights man. But he was also a strong Unionist, and, moreover, at this time, felt very bitterly towards Calhoun, with whom he had just had a split, and had in consequence remodeled his cabinet, thrusting out all Calhoun's supporters, and adopting Van Buren as his political heir,--the position which it was hitherto supposed the great Carolina separatist occupied.

The first man to take up the gauntlet the Nullifiers had thrown down was Webster, in his famous reply to Hayne. He, of course, voiced the sentiment of the Whigs, and especially of the Northeast, where the high tariff was regarded with peculiar favor, where the Union feeling was strong, and where there was a certain antagonism felt towards the South. The Jacksonian Democrats, whose strength lay in the West, had not yet spoken. They were, for the most part, neither ultra protectionists nor absolute free-traders; Jackson's early presidential utterances had given offense to the South by not condemning all high-tariff legislation, but at the same time had declared in favor of a much more moderate degree of protection than suited the Whigs. Only a few weeks after Webster's speech Jackson's chance came, and he declared himself in unmistakable terms. It was on the occasion of the Jefferson birthday banquet, April 13, 1830. An effort was then being made to have Jefferson's birthday celebrated annually; and the Nullifiers, rightly claiming him as their first and chief apostle, attempted to turn this particular feast into a demonstration in favor of nullification. Most of the speakers present were actively or passively in favor of the movement, and the toasts proposed strongly savored of the new doctrine. But Jackson, Benton, and a number of other Union men were in attendance also, and when it came to Jackson's turn he electrified the audience by proposing: "Our federal Union; it must be preserved." Calhoun at once answered with: "The Union; next to our liberty the most dear; may we all remember that it can only be preserved by respecting the rights of the states and distributing equally the benefit and burden of the Union." The issue between the president and the vice-president was now complete, and the Jacksonian Democracy was squarely committed against nullification. Jackson had risen to the occasion as only a strong and a great man could rise, and his few, telling words, finely contrasting at every point with Calhoun's utterances, rang throughout the whole country, and will last as long as our government. One result, at least, the Nullifiers accomplished,--they completely put an end to the Jefferson birthday celebrations.

The South Carolinians had no intention of flinching from the contest which they had provoked, even when they saw that the North and West were united against them, and though the tide began to set the same way in their sister states of the South; North Carolina, among the latter, being the first and most pronounced in her support of the president and denunciation of the Nullifiers. The men of the Palmetto State have always ranked high for hotheaded courage, and they soon showed that they had wills as fiery as that of Jackson himself. Yet in the latter they had met an antagonist well worthy of any foeman's steel. In declining an invitation to be present at Charleston, on July 4, 1831, the president again defined most clearly his position in favor of the Union, and his words had an especial significance because he let it be seen that he was fully determined to back them up by force if necessary. But his letter only had the effect of inflaming still more the minds of the South Carolinians. The prime cause of irritation, the tariff, still remained; and in 1832, Clay, having entered the Senate after a long retirement from politics, put the finishing stroke to their anger by procuring the passage of a new tariff bill, which left the planter states almost as badly off as did the law of 1828. Jackson signed this, although not believing that it went far enough in the reduction of duties.

In the presidential election of 1832, Jackson defeated Clay by an enormous majority; Van Buren was elected vice-president, there being thus a Northern man on the ticket. South Carolina declined to take part in the election, throwing away her vote. Again, it must be kept in mind that the slave question did not shape, or, indeed, enter into this contest at all, directly, although beginning to be present in the background as a source of irritation. In 1832 there was ten-fold more feeling in the North against Masonry, and secret societies generally, than there was against slavery.

Benton threw himself in, heart and soul, with the Union party, acting as Jackson's right-hand man throughout the contest with South Carolina, and showing an even more resolute and unflinching front than Old Hickory himself. No better or trustier ally than the Missouri statesman, in a hard fight for a principle, could be desired. He was intensely national in all his habits of thought; he took a deep, personal pride in all his country,--North, South, East, and West. He had been very loath to believe that any movement hostile to the Union was really on foot; but once thoroughly convinced of it he chose his own line of action without an instant's hesitation.

A fortnight after the presidential election South Carolina passed her ordinance of nullification, directed against the tariff laws generally, and against those of 1828 and 1832 in particular. The ordinance was to take effect on February 1st; and if meantime the federal government should make any attempt to enforce the laws, the fact of such attempt was to end the continuance of South Carolina in the Union.

Jackson promptly issued a proclamation against nullification, composed jointly by himself and the great Louisiana jurist and statesman, Livingston. It is one of the ablest, as well as one of the most important, of all American state papers. It is hard to see how any American can read it now without feeling his veins thrill. Some claim it as being mainly the work of Jackson, others as that of Livingston; it is great honor for either to have had a hand in its production.

In his annual message the president merely referred, in passing, to the Nullifiers, expressing his opinion that the action in reducing the duties, which the extinction of the public debt would permit and require, would put an end to the proceedings. As matters grew more threatening, however, South Carolina making every preparation for war and apparently not being conciliated in the least by the evident desire in Congress to meet her more than half-way on the tariff question, Jackson sent a special message to both houses. He had already sent General Scott to Charleston, and had begun the concentration of certain military and naval forces in or near the state boundaries. He now asked Congress to pass a measure to enable him to deal better with possible resistance to the laws. South Carolina having complained of the oppressed condition in which she found herself, owing to the working of the tariff, Jackson, in his message, with some humor, quoted in reply the last Thanksgiving proclamation of her governor, wherein he dilated upon the state's unexampled prosperity and happiness.

It must always be kept in mind in describing the attitude of the Jacksonian Democrats towards the Nullifiers that they were all along, especially in the West, hostile to a very high tariff. Jackson and Benton had always favored a much lower tariff than that established in 1828 and hardly changed in 1832. It was no change of front on their part now to advocate a reduction of duties. Jackson and Benton both felt that there was much ground for South Carolina's original complaint, although as strongly opposed to her nullification attitude as any Northerner. Most of the Southern senators and representatives, though opposed to nullification, were almost equally hostile to the high tariff; and very many others were at heart in sympathy with nullification itself. The intensely national and anti-separatist tone of Jackson's declaration,--a document that might well have come from Washington or Lincoln, and that would have reflected high honor on either,--though warmly approved by Benton, was very repugnant to many of the Southern Democrats, and was too much even for certain of the Whigs. In fact, it reads like the utterance of some great Federalist or Republican leader. The feeling in Congress, as a whole, was as strong against the tariff as it was against nullification; and Jackson had to take this into account, all the more because not only was he in some degree of the same way of thinking, but also many of his followers entertained the sentiment even more earnestly.

Calhoun introduced a series of nullification resolutions into the Senate, and defended them strongly in the prolonged constitutional debate that followed. South Carolina meanwhile put off the date at which her decrees were to take effect, so that she might see what Congress would do. Beyond question, Jackson's firmness, and the way in which he was backed up by Benton, Webster, and their followers, was having some effect. He had openly avowed his intention, if matters went too far, of hanging Calhoun "higher than Haman." He unquestionably meant to imprison him, as well as the other South Carolina leaders, the instant that state came into actual collision with the Union; and to the end of his life regretted, and with reason, that he had not done so without waiting for an overt act of resistance. Some historians have treated this as if it were an idle threat; but such it certainly was not. Jackson undoubtedly fully meant what he said, and would have acted promptly had the provocation occurred, and, moreover, he would have been sustained by the country. He was not the man to weigh minutely what would and what would not fall just on one side or the other of the line defining treason; nor was it the time for too scrupulous adherence to precise wording. Had a collision occurred, neither Calhoun nor his colleague would ever have been permitted to leave Washington; and brave though they were, the fact unquestionably had much influence with them.

Webster was now acting heartily with Benton. He introduced a set of resolutions which showed that in the matters both of the tariff and of nullification his position was much the same as was that of the Missourian. Unfortunately Congress, as a whole, was by no means so stiff-kneed. A certain number of Whigs followed Webster, and a certain number of Democrats clung to Benton; but most Southerners were very reluctant to allow pressure to be brought to bear on South Carolina, and many Northerners were as willing to compromise as Henry Clay himself. In accordance with Jackson's recommendations two bills were introduced: one the so-called "Force bill," to allow the president to take steps to defend the federal authority in the event of actual collision; and the other a moderate, and, on the whole, proper tariff bill, to reduce protective duties. Both were introduced by administration supporters. Benton and Webster warmly sustained the "Force bill," which was bitterly attacked by the Nullifiers and by most of the Southerners, who really hardly knew what stand to take, the leading opponent being Tyler of Virginia, whose disunion attitude was almost as clearly marked as that of Calhoun himself. The measure was eminently just, and was precisely what the crisis demanded; and the Senate finally passed it and sent it to the House.

All this time an obstinate struggle was going on over the tariff bill. Calhoun and his sympathizers were beginning to see that there was real danger ahead, alike to themselves, their constituents, and their principles, if they followed unswervingly the course they had laid down; and the weak-kneed brethren on the other side, headed by Clay, were becoming even more uneasy. Calhoun wished to avert collision with the federal government; Clay was quite as anxious to avoid an outbreak in the South and to save what he could of the protective system, which was evidently doomed. Calhoun was willing to sacrifice some of his constitutional theories in regard to protection; Clay was ready greatly to reduce protection itself. Each, of them, but especially Clay, was prepared to shift his stand somewhat from that of abstract moral right to that of expediency. Benton and Webster were too resolute and determined in their hostility to any form of yielding to South Carolina's insolent defiance to admit any hope of getting them to accept a compromise; but the majority of the members were known to be only too ready to jump at any half-way measure which would patch up the affair for the present, no matter what the sacrifice of principle or how great the risk incurred for the future. Accordingly, Clay and Calhoun met and agreed on a curious bill, in reality recognizing the protective system, but making a great although gradual reduction of duties; and Clay introduced this as a "compromise measure." It was substituted in the House for the administration tariff bill, was passed and sent to the Senate. It gave South Carolina much, but not all, that she demanded. Her representatives announced themselves satisfied, and supported it, together with all their Southern sympathizers. Webster and Benton fought it stoutly to the last, but it was passed by a great majority; a few Northerners followed Webster, and Benton received fair support from his Missouri colleagues and the Maryland senators; the other senators, Whigs and Democrats alike, voted for the measure. Many of the Southerners were imbued with separatist principles, although not yet to the extent that Calhoun was; others, though Union men, did not possess the unflinching will and stern strength of character that enabled Benton to stand out against any section of the country, even his own, if it was wrong. Silas Wright, of New York, a typical Northern "dough-face" politician, gave exact expression to the "dough-face" sentiment, which induced Northern members to vote for the compromise, when he stated that he was unalterably opposed to the principle of the bill, but that on account of the attitude of South Carolina, and of the extreme desire which he had to remove all cause of discontent in that state, and in order to enable her again to become an affectionate member of the Union, he would vote for what was satisfactory to her, although repugnant to himself. Wright, Marcy, and their successors in New York politics, almost up to the present day, certainly carried cringing subserviency to the South to a pitch that was fairly sublime.

The "Force bill" and the compromise tariff bill passed both houses nearly simultaneously, and were sent up to the president, who signed both on the same day. His signing the compromise bill was a piece of weakness out of keeping with his whole character, and especially out of keeping with his previous course towards the Nullifiers. The position assumed by Benton and Webster, that South Carolina should be made to submit first and should have the justice of her claims examined into afterwards, was unquestionably the only proper attitude.

Benton wrote:--

My objections to this bill, and to its mode of being passed, were deep and abiding, and went far beyond its own obnoxious provisions, and all the transient and temporary considerations connected with it.... A compromise made with a state in arms is a capitulation to that state.... The injury was great then, and a permanent evil example. It remitted the government to the condition of the old confederation, acting upon sovereignties instead of individuals. It violated the feature of our Union which discriminated it from all confederacies that ever existed, and which was wisely and patriotically put into the Constitution to save it from the fate which had attended all confederacies, ancient and modern.... The framers of our Constitution established a Union instead of a League--to be sovereign and independent within its sphere, acting upon persons through its own laws and courts, instead of acting on communities through persuasion or force. The effect of this compromise legislation was to destroy this great feature of our Union--to bring the general and state governments into conflict--and to substitute a sovereign state for an offending individual as often as a state chose to make the cause of that individual her own.

Not only was Benton's interpretation of the Constitution sound, and one that by the course of events has now come to be universally accepted, but his criticisms on the wisdom of the compromise bill were perfectly just. Had the Anti-Nullifiers stood firm, the Nullifiers would probably have given way, and if not, would certainly have been crushed. Against a solid North and West, with a divided South, even her own people not being unanimous, and with Jackson as chief executive, South Carolina could not have made even a respectable resistance. A salutary lesson then might very possibly have saved infinite trouble and bloodshed thereafter. But in Jackson's case it must be remembered that, so far as his acts depended purely upon his own will and judgment, no fault can be found with him; he erred only in ratifying a compromise agreed to by the vast majority of the representatives of the people in both houses of Congress.

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