USA > Indiana > Early Indiana trials: and sketches. Reminiscences > Part 37
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" Mr. Chairman, let me suppose a case, for the sake of illustration. Suppose that Mr. Webster wished, at one time, to silence the thunders of the Globe against the Administration ; and, to effect that purpose, sent Mr. Weaver to employ the editors of that paper to print certain census papers, and that Mr. Weaver did so employ the said editors;
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but that the editors did not choose to support the Administration, and then Mr. Webster repudiated the contraet, and hired the editor of the Madisonian to print the same papers : and then let me suppose, that Mr. Weaver was summoned to go before a committee of this House, to testify in relation to the matter ; and that Mr Webster, upon learn- ing the fact that Mr. Weaver was to give his evidence before the com- mittee, told him to beware what he did : and then suppose, that Mr. Weaver was a clerk in Mr. Webster's office, and that he construed Mr. Webster's language into a threat to dismiss him from office, if he told the truth ; and that Mr. Weaver, like an honest man, immediately resigned his office. If this supposed case is founded in truth, what confidenee can we have in Mr. Webster's recommendations ?
"Now for the balance of the Cabinet. Mr. Spencer, for instance : he it was who wrote the call for the Syracuse Convention, after the extra session, breathing daggers and ratsbane against the President ; yet, in less than two weeks after denouncing the President, in the mnost indignant strains, he becomes a Tyler man and accepts the office of Secretary of War. To go no further, what ean his recommendation be worth ? Take, if you please, Mr. Secretary Upshur, the metaphys- ieal abstractionist, and disunion hero of the Old Dominion : his recommendation can be worth nothing to me, until I can believe that he is the best friend of the Union who is ready, at any time, to destroy it. I have not time to speak of the other members of the Cabinet ; but it is enough for me to know, that if they are the friends of John Tyler, in his present position, they can not be, in my judgment, friends of the country. And now, sir, aside from the force of the recom- mendations, what are the measures recommended by the Administra- tion ? The President recommends, in his late most extraordinary message, the repeal of the hill of the last session which provides for the distribution of the proceeds of the publie lands. For the last ten years the Whigs have steadily contended for that measure; and now, as soon as it is passed, Mr. Tyler gives an earnest of his Whig- gery, by recommending its repeal. And because we do not choose to follow him blindly, we are to be taunted with faetious opposition. The President tells us, in his message, that at the time he recom- mended in his message, last June, the passage of the act he now pro- poses to repeal, he had reason to believe there would be a surplus in the Treasury. Now, sir, how can that be, when, at the very time he recommended the passage of the distribution act, the Secretary of the Treasury showed, that so far from there being an excess of revenue in the Treasury, there would be a deficiency of at least $10,000,000? And at the very time, when the distribution bill was pending in this
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Honse, there was a bill pending for a loan of $12,000,000, and that loan asked for by the Administration. Now, one of two things is true : either that the President at the time he says he apprehended a surplus in the Treasury, was most grossly ignorant of the true condi- tion of our finances, or that he stated, in his last message, what he knew to be untrue, and what this House and the world know to be untrue. Now, I do not accuse the President 'of falsehood, but his friends may choose for him which ' horn of the dilemma' they prefer.
" The distribution act has been opposed by its enemies, on the ground of its supposed unconstitutionality. How stands that objection ? Congress, by the Constitution, has, by express grant, this power, to wit : To dispose of and make all needful rules and regulations respect- ing the territory, and other property of the United States. This grant of power, like many others which might be ennmerated, in the Constitution, has no limitation, except the enlightened wisdom and sound discretion of Congress ; and so it has always been considered and practiced upon, by every Administration, and every party since the foundation of the Government.
" During the administration of Washington, many laws were passed by Congress, and approved by him, upon the subject of the publie lands, based upon the idea that the General Government had the sole, exclusive, and unlimited control of these lands. During Washing- ton's administration, a grant of public lands was made by Congress to private individuals, without consideration. And during the ad- ministrations of all his snecessors, numerous donations of the public lands have been made to States, corporations, and individuals, for almost every conceivable object. Now, if we have no such power, all those grants must fail, and the title of the grantees is worth nothing. No one, I suppose, will contend for that doctrine. Well, if we have the power to give away the lands themselves, have we not the power to dispose of their proceeds? A distinguished Senator from South Carolina (Mr. Calhoun), at one time proposed to cede these lands to the States in which they lie, depriving the old States of any interest in them ; yet, in his opinion now, we have not the power to divide the proceeds of the public lands among all the States of this Union, upon principles of equity and justice. Mr. King, a distinguished Senator from Alabama, said, as early as 1832, that the public lands should no longer be looked to as a source of revenue to the United States. Gen. - Jackson approved the act distributing the surplus revenue among the States, and recommended that measure to Congress. And did not that surplus arise from the sales of the public lands ? If that act was Constitutional, and no one donbts it, surely the aet of the last session
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was equally Constitutional. The distribution policy is not only Con- stitutional, but highly expedient, and in strict accordance with the deeds of cession, by which most of the public lands were ceded by the different States to the General Government; and also in exact con- formity to the uniform practice of the General Government, from its origin to the present time. The act proposed to be repealed is, at this time, of great and especial importance to the States, many of them being largely indebted, mainly for internal improvements, which they were first forced, or at least induced, to enter upon by the action of the General Government ; for when Gen. Jackson vetoed the Mays- ville Road bill, and the policy of internal improvement was abandoned by the Federal Government, we were told that the States alone should engage in that work. In pursuance of that policy, and further stimu- lated by the distribution of the surplus revenue, systems of improve- ments were commenced, splendid and magnificent in their conception and design, but far beyond the power of the States to complete at present. The act of the last session would go far to relieve the people of the States from taxation, and to sustain their failing credit.
" In another point of view it is but just to distribute the proceeds of the public lands among the States. The great source of revenue is, and always will be, in this country, duties on foreign importations. The power to tax foreign merchandise has been surrendered by the States to the General Government; and their only remaining means of revenue is the power of direct taxation. To this repeal of the Land Bill I am opposed, not from any factious opposition to the Adminis- tration, but from an honest conviction of its impolicy and injustice.
" Mr. Chairman, there is another measure proposed by the Executive, to which, in the most brief manner, I desire to give my objections. I mean the Exchequer Board recommended to us by the President in his annual message, and submitted to us by the Secretary of the Treas- ury. This is neither the proper time, nor occasion for a lengthy anal- ysis of that measure ; but, inasmuch as other gentlemen have referred to it, I will be pardoned, I trust, for stating some of the most promi- nent objections to the plan. I am opposed to it, because it is an abandonment of our position, that Congress has the power to incorpo- rate a National Bank, and for the truth of which position we have contended for twelve years-and at length the people, by an immense majority, have decided in our favor; because it has its origin with the President, and not with the people ; because it proceeds on the great error which was so signally rebuked in the election of 1840 - that it was the duty of the Government to take care of itself, and leave the people to take care of themselves, i. e., the interests of the people should
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be divorced from the interests of the Government. I oppose it, because of the dangerous increase which it brings to Executive influence, patronage, and power, by giving to the President a direct and irresist- ible control over the whole financial operations of the nation, public and private ; because it combines, substantially, all the features of that monarchical, odious, and thrice condemned Sub-Treasury scheme (which brought defeat on the past Administration), together with a vast and overshadowing Government Bank, which, in the hand of a weak Executive, would be liable to great abuses, and in the hands of an ambitious, and corrupt one, would be converted into an instrument to enslave the people, and in the end would lead to the aristocracy of the purse, or to the despotism of the sword; because I believe, in its operation it would prostrate every State bank in the Union ; because I can not see any possible benefit which would arise from it to those whom I represent ; because its adoption will elevate the power of the President above the power of the people, and substitute his will for the will of the nation ; and, lastly, because public sentiment in my dis- trict, so far as I have heard, or believe, is most decidedly opposed to the whole scheme ; and I am accountable to my constituents, to whom I am under so many obligations, and not to the President, to whom neither myself nor the country owes any thing.
" Mr. Chairman, I have spoken only of the political conduct of the President and his Cabinet; of their private character I know little, and say nothing.
"Mr. Chairman, if I know myself, I do not, and have not factiously opposed the President. I would to God that his administration had been such as to have left it possible for me to have supported it. Neither are the Whig party factionists. Have we not voted for, and passed every measure recommended by the Administration, with the solitary exception of the Exchequer Board, and that most extraordi- nary measure, the repeal of the Land Bill? The gentleman from Virginia asks, What are the measures which the ultra Whigs of this House, as he is pleased to call us, are in favor of, and intend to sup- port? I answer for myself, one of the humblest members of that party, that I am in favor of a Bank of the United States ; that I am in favor of a tariff which will furnish an ample revenue for the Na- tional Treasury, and at the same time afford incidental protection to
. American enterprise and capital, American labor and industry; and I am in favor of the distribution, among the States, of the proceeds of the public lands. And, in the honest advocacy of these measures, I had rather have the martyr's deathbed of glory, than to purchase the loftiest human elevation by their abandonment. But we are told,
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that unless we take whatever measures Mr. Tyler recommends, we shall have nothing, or that we can get nothing, which is the same.
" I will not, Mr. Chairman, consent to humble Congress at the feet of the Executive. I will not, by any action of mine, violate the Con- stitution of my country, and revolutionize the whole frame of its Government, by giving to the President, in addition to all his other great powers, the almost omnipotent attribute of national legislation. Give him the monstrous and alarming engine of political power which he now asks, and what arm shall stay, what human power resist, the swelling waves of corruption, venality, and despotism, which threaten even now to whelm in ruins the blood-purchased Government of our noble ancestors ? Are the Whig party prepared to sacrifice all their claims to honor, independence, and patriotism, at the bidding of one man ? Sir, I see around me those veteran Whigs who resisted the demigod of party fame in his palmiest days-the hero of New Orleans ; those who looked upon the real lion in the pride of his prowess with an unblanched cheek and an eye that quailed not ; and shall they consent now to receive law at the hands of any man, and, least of all, at the hands of the present Executive ? Can we, with all the historic glory of our young Republic clustering around us, thus early in our history abandon our duty, our Constitution, our country ? Sir, before that act of self-immolation shall be consummated, remove from this hall that proud national eagle-it is not the fit emblem for a nation of slaves ; remove from these walls the portrait of that noble Frenchman who shed his blood in a land of strangers for that liberty which we trample upon ; remove the portrait of the Father of his country, for bondsmen can never be its guardians. But I will not for a moment suffer myself to think that liberty shall receive its death- wound in this proud hall-
' We will not be the traitor slaves
While Heaven has light, or earth has graves.'
" One word, Mr. Chairman, in relation to the intimation contained in the President's last message on the subject of a foreign war. My thanks, and the thanks of the whole country, are due to the President and to Mr. Webster, his Secretary of State, for the ability, zeal, and manliness with which they have conducted all our negotiations. I hope the calamity of war is yet afar off, but if the national interest and national honor require it, let it come; and in that event all the true friends of the country will stand together in defense of the Administration. To me it matters nothing who shall be our standard- bearer, so that he bears aloft the noble banner of the Republic.
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S. C. SAMPLE-J. G. REED-JOHN VAWTER. 393
SAMUEL C. SAMPLE.
MY acquaintance with the subject of this sketch, commenced in the year 1820, at Connersville, when he became a student at law in my office. I knew him intimately while he lived. Mr. Sample was no ordinary man, plain, practical in all his acts. He represented his dis- trict in Congress with decided ability, was always at his post, among the working men of the body. At the bar, and as presiding judge of the circuit courts, he stood high, among the most efficient and able practitioners, and one of the purest judges that has graced the bench. Ilis person was fine, his head, and forehead large, hair dark. He was taken from us in the middle of life, while discharging the duties of president of the State Bank, at South Bend, and reposes in the cem- etery there. . Peace to his remains !
JAMES G. REED.
AMONG the early citizens of Indiana, I take pleasure in naming James G. Reed. He was for many years one of the prominent Dem- oeratic politicians of the State, and held high and important offices under the General Government. I became early and intimately acquainted with him, while he was canvassing the State as a candidate for Governor. Mr. Reed was a member of the State Senate for years, stood among the very first. As a speaker he was loud, impressive, impulsive, at times eloquent. He was always fortified with his facts, and brought them to bear with all his powers upon his audience. In person he was below the common hight, but strongly formed, head large, hair and eyes coal black, complexion dark, features good. I saw him lately, in good health, looking young for his age.
JOHN VAWTER.
THE journals of the Senate, and House of Representatives, in early sessions of the Legislature of Indiana, will be searched in vain for a more prominent and active member than John Vawter. He deserves a notice here as one of the strong, practical men, who aided largely in the enactment of the early laws of the State, and in the formation of society, upon that moral and religious basis so essential to its pros- perity and the happiness 'of the people. Mr. Vawter, as a speaker, was plain, straight-forward. He always spoke to the question, not around, or about it ; was heard with marked attention by his audience. He was a strong Whig, attended all the conventions, and frequently
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presided over them. Mr. Vawter was a Baptist preacher, of good standing. A few years ago, I was on the cars, at Morgantown, between Martinsville and Franklin. We stopped to take in passengers. Look- ing out of the window, I noticed a neat brick church, and learned from a passenger that it was built and donated to the Baptists by Mr. Vawter ; that he preached there now, in advanced life, when the pul- pit was not supplied. Long may he live to dispense his benevolence to his fellow-citizens.
DENNIS PENNINGTON.
I SHOULD be unfaithful to the history of the early settlers of Indiana, were I to overlook the subject of this sketch. The journals in the State Library are full of the acts, in a representative capacity, of Den- nis Pennington. Like John Vawter, his cotemporary, he stood among the most valuable men of the State. I first became acquainted with him when we were members of the Legislature, at Corydon, in the year 1822. He was plain, honest, firm, direct, open, frank. His mind was of a fair order, well stored with facts. As a speaker, he was strong, without any pretense to eloquence. He was a warm per- sonal and political friend of Henry Clay, and during his life con- tributed his whole powers to his support. Mr. Pennington has gone, with most of his co-laborers of early Indiana, to meet the reward of the well-doer in time.
GEORGE K. STEEL.
I CAN not pass by without a word to the memory, in after times, of my personal friend, George K. Steel, of Park county. I have long' considered him among the most valuable men in this State. For many years he stood very high as a member of our Legislature; frank, clear, strong, firm, honest, with a mind of no ordinary character ; he was at all times listened to with close attention by his audience. The main characteristic of Mr. Steel was energy-nntiring energy. He never rested-always pushed forward with his whole strength, and with all his powers. I saw him yesterday, leaving the State Fair, in fine health, in the summer of his life.
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JAMES L. RUSSEY.
JAMES L. RUSSEY.
THE melancholy fate of my early friend, James L. Russey, of Muncie, prompts a word to his memory. Among the energetic, active, and persevering men of the State, he stood well with his neighbors and acquaintances. Soon after the fever for California gold broke out, he became infected, like many others, left his young family, and, taking his life in his hands, left for the gold region. He was a large, athletic, powerful man, in the morning of life, accus- tomed to out-door exertions, prepared for fatigue, and as brave a man as lived. After the usual incidents, dangers, and trials of a journey to California at that early day, he arrived with his companions in the gold regions, and commenced the operation of mining, at a rich placer, with every prospect of success before him. The country, at that time, among the diggings, was infected with small bands of Indians, who were strolling through the country in search of plunder. Mr. Russey it seems, left one day on a gold exploring expedition, intending to return in a few days. Time wore away ; days, weeks, months, years passed, but James L. Russey never returned. His fate is yet uncer- tain ; but still the better opinion is that he was killed and robbed by the Indians, and his body concealed or destroyed. Ile added but another to the thousands who have fallen victims to a thirst for gold, without realizing their anticipated treasure.
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SIMON YANDES.
THESE sketches will live and be read by thousands when the author and his subjects shall sleep together in the silent tomb. This idea is my apology, if any were wanting, for speaking of those who are still in active life. The subject of this sketch has scarcely passed the spring-time of life. The summer, the autumn, the cold blasts of win- ter are still before him, but I can not pass him by without a word due to worth and private friendship. He was for years my partner in the practice of the law at Indianapolis. I knew him intimately and well, by weight and measure. Ile was one of the few men in life, upon whose word, faith, and integrity I could rely under all circum- stances. Surrounded by all kinds of temptations, Mr. Yandes was one of the most conscientious men, in professional and private life, I ever knew. Hle was a fine lawyer, one of the most industrious and energetic of the profession. In person, he was tall and slim, over six feet high, large head, retiring forehead, light hair, grey eyes, wide mouth, large lips, rather sallow complexion, narrow chest. As a speaker at the bar, he was clear, strong, seldom eloquent; he dealt with facts and figures with power, and let fancy sketches alone. I saw him to-day in fine health, with a bright future before him.
WILLIAM C. RIVES.
AMONG the prominent men of the United States, the subject of this sketch stands deservedly high. I had the pleasure of an intimate personal acquaintance with Mr. Rives during the twentieth Congress, when we were members of the House of Representatives. Our associ- ations were renewed in the Senate of the United States when we met in that body in 1837. Mr. Rives was a noble specimen of the Ancient Dominion that he represented. I am not prepared to say, that Mr. Rives occupied the high position of Virginia's intellectual giants, who filled the world with their fame in their day, but I do wish to be understood that Mr. Rives in modern times has had few equals in Vir- ginia and no superiors. In person, he was below the common hight, but he was a model of a man ; his head finely proportioned, eyes black, features fine, hair dark brown. As a speaker, Mr. Rives had few equals in the Senate, his style was nervous, emphatic. He always spoke in full earnest, his mind was of a high order, he always gave it full play, by ample preparation in advance. I thought him among the finest, and most effective orators of the Senate. He was our minister to France
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at one time, stood deservedly high at that Court. I have selected for the reader, from his many published speeches, a few extracts from his speech on the subject of impressment of seamen, placing that import- ant national question, about which so much has been said and written, on the true national ground : it will be read with profit as well as interest.
" I had supposed, that if any principle of the maritime code had heen triumphantly vindicated and upheld by the labor of American states- men, it was this-that, in time of peace, there is no right in any case, on the part of a foreign cruiser, to interrupt or detain the vessels of another nation upon the high seas ; that a vessel of a nation upon the high seas, in time of peace, partakes of the inviolability of her territory, and that any entry on board such vessel without consent, is in the eye of the law a trespass. If a vessel, under the circumstances supposed in the message, be suspected of being a pirate, a foreign cruiser may, upon her responsibility, stop and examine her ; but she does so at her peril. If the suspected vessel be really a pirate, no harm will have been done ; but if on the other hand, she prove to be a bona fide ves- sel of the nation whose flag she bears, a trespass will have been com- mitted, involving both responsibility and indemnity, according to the eireunistances of the case. It would not be difficult to show that these principles have in other times-and those too, not distinguished by any peculiar favor shown to the maritime rights of other nations, been recognized in the fullest manner by the highest British authorities. In a well known case brought before him as judge, the celebrated Sir William Scott (afterward Lord Stowell) emphatically declared that he ' could find no authority that gives the right of interruption to the naviga- tion of States upon the high seas, except that which the right of war gires to belligerents against neutrals.' But the whole doctrine upon this subject has been stated in so lucid and comprehensive a manner, and with such self-evident reason, in a despatch of Mr. Monroe, while Secretary of State under the administration of Mr. Madison, that I can not forbear to quote here what was said by the American Government with so much weight of authority, on that occasion. In the instruc- tions to our plenipotentiaries for treating of peace with Great Britain, dated the 15th April, 1813, the American doctrine -- the matured and carefully considered result of our long discussions with that power on the subject of maritime rights-was thus closely and deliberately summed up.
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