USA > Indiana > Early Indiana trials: and sketches. Reminiscences > Part 54
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" Now, I do not know, and can not pretend to say, how far preju- dice or miseonception may operate in this matter. Probably a little further examination of the subject would change opinions hastily taken up. I coneede that, in theory, which often holds out to us a false light,
'That leads to bewilder, and dazzles to blind,'
the ad valorem mode may seem to be the best, because it may be argued that, in this mode, the duty is in proportion to the actual value of the thing taxed, which is the most conformable to justice. In theory it seems very plausible. But by experience, which, after all, is the best teacher, it is found that this apparently just mode of taxa- tion leads to the most dangerous and the most mischievous results.
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If gentlemen will look at the last tariff proposed in England, they will find that the duties are specific wherever it is possible to make them so. And why ? Why was this done by so wise, and experienced, and cautious a nation ? Because, in imposing an ad valorem duty, regard is always had to the cost of the article abroad, and not where the duty is paid. It may be asked why is this? Why not calculate the duty on the value of the article where imported ? Because it is found impracticable. There are different qualities of the same article, and men's opinions as to those qualities are always found to differ ; hence, ad valorem duties can not be made uniform. Thus, a gallon of wine imported into New York, may there have one value ; a gallon of the very same wine imported into Charleston, may have there a higher or a lower value; it is matter of opinion. And if the duties are to be levied on this 'home valuation,' as it is called, the duties will not be uniform, as the Constitution requires them to be.
" Although I am in favor of cash duties, in preference to the prac- tice which has heretofore prevailed, I am also in favor of a modified warchousing system. This I consider as the true substitute for the credit system. The Secretary of the Treasury has not, indeed, made any recommendation on this subject, because, as he states, he has not had time to examine it. He leaves it entirely to Congress. The warehousing plan forms no part or feature of his project; and there- fore the Committee of Ways and Means have not considered it their duty to enter into the subject, as they otherwise would have done. What are the benefits it is calculated to produce ? The plan has been adopted in Europe for many years. Indeed, it is about a century since the first attempt was made to introduce it into England, under the administration of Sir Robert Walpole; but so great were the clamors of the merchants, who had long been in the habit of defraud- ing the Government by obtaining credit on their bonds, that the Administration was finally forced to abandon the scheme. Indeed, Walpole was at one time in danger of losing his life by a mob, in consequence of his endeavors to carry it through Parliament. Since then, it never has been successfully attempted, until 1803, when it was adopted by the British Government, and has been practiced ever since. I have here a synopsis of the acts in reference to it. The warehousing system is a provision for lodging imported articles in warehouses until they are taken out and entercd, and duties paid for home consumption ; if they are re-exported the duty is remitted.
" But, sir, I will not dwell upon it. I feel exhausted myself, and fear I have wearied the patience of the House, with this long and imperfectly digested statement of the provisions of this bill. I feel
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MILLARD FILLMORE.
I owe the House an apology for the very imperfect and unsatisfactory manner in which I have been able to discharge the duty devolved on me; but constant and unwearied attention in the committee-room to the details of the bill, has prevented that attention to the general subject that was due to its importance.
" It only remains that I return my most sincere and grateful thanks to the House, for the kind and patient indulgence with which it has listened to my remarks, for which I feel that I am indebted rather to the interest felt in the subject itself than to any thing in my manner of presenting it."
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MARTIN VAN BUREN.
THE history of the distinguished subjeet of this sketch is so intim- ately connected with that of his country, that the one can not be read intelligibly without the other. In person, Mr. Van Buren, like Mr. Adams, was below the common hight ; head large, with retreating high forehead, bald to the ears, sandy thin hair, light sandy whiskers, light blue eyes, fine features. He was social, kind, pleasant, in his private intereourse, but, like Mr. Adams, he merely touched the ends of your fingers when he took your hand : not like Gen. Jackson and Henry Clay, who always grasped your hand warmly up to the thumb. The high and responsible positions held by Mr. Van Buren for many years, at home and abroad, plaee him at once in the first rank of his eminent countrymen. It is no part of the purpose of this sketch, to disturb his position, or to mutilate the record, much less to write the biography of Mr. Van Buren ; let that he the task of the biographical historian. The incidents and facts, connected with his professional and public life, would fill a most interesting volume.
I had known Mr. Van Buren, through the publie press, many years, but only became personally acquainted with him during the last two years of his administration. He had been Secretary of State under President Jackson. I had read his diplomatic correspondence; I was apprized that he had the ear and the confidence of the President ; I had seen the ear of Gen. Jackson withdrawn from Mr. Calhoun, placing Mr. Van Buren supreme in prospect for the suceession. Gen. Jackson had been re-elected for the second term, by au overwhelming majority. The Democratic party stood united, with the exception of a small section, of nullifiers in the South, with Mr. Calhoun at their head. It soon became obvious to the public that Mr. Van Buren was to be the Democratic nominee for the succession. It was seen that the administration was directed to his success. Hle received the nom - ination, and was elected by a plurality of the votes of the people, but by a majority of the electoral votes, over Daniel Webster, Hugh Lawson White, and Gen. Harrison. Coming into power in the wake of Gen. Jackson, and pledged to tread politically in his footsteps, he seemed to have before him nothing but plain sailing. He had a right to expect the support of the Democratic party, so long as he administered the Government upon the principles of the Jackson administration. His Cabinet was composed of distinguished Demo- erats. But the strength of the party proved the weakness of the Administration. Experience has fully proved, that in all popular governments, the greatest danger to the dominant party consists in
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its supposed power and security. There is always more danger from internal dissensions than from external violence. So long as the fear of the enemy exists, so long will the camp stand to their arms united, and the watchmen remain at their posts ; but the moment it is believed that there is no danger without, the very watchmen will mutiny. The Whig party was supposed to be almost annihilated by the second election of Gen. Jackson, and whatever of strength they had left, so divided and distracted as to give the Democratic party no alarm. From the moment Mr. Van Buren was inaugurated the dissensions commenced, and the party strength began to wane; still the leading politicians of the party stood by him. At the expiration of his term, he was nominated for the succession, and entered the contest upon a decreasing popularity. The Whig Convention at Harrisburgh nomin- ated Gen. Harrison as their candidate; and it was now evident that the contest was to be even-handed. It was feared by the Whig party, that there might be some dissentients of those who preferred Mr. Clay or Mr. Webster to Gen. Harrison; and it was evident, from the tone of the Democratie press, that much reliance was placed upon that fact; but the magnanimous course pursued by Mr. Clay and Mr. Web- ster, in warmly supporting the nominec, dispelled all fears on the one hand, and all hopes on the other.
The election came on. Gen. Harrison was elected by an overwhelm- ing majority of the people, as well as of the electoral vote. The great Democratic party that was supposed to be impregnable, was not only defeated, but scattered to the winds. Gen. Harrison survived his inauguration but a short month. Mr. Tyler, the Vice President, elected on the Whig ticket, became the Constitutional President, and deserted the Whig party, as I have stated in my sketch of John Tyler. Here again, a great party coming into power by an overwhelming majority, was in a few months in a hopeless minority. Of the Tyler administration, I say nothing; it was only remarkable for the evidence it affords of the stability of our Government, under the most trying, political circumstances. The Administration of Mr. Tyler, had the confidence of no party ; still it received sufficient support from both parties, to enable it to administer the Government.
Time rolled on. The term of Mr. Tyler was about to expire ; the party cry resounded again through the land; the delegates of the Democratie party met at Baltimore, to nominate their candidate for President. The names of Mr. Van Buren and Gen. Cass were prom- inent. The rule requiring two-thirds to make a nomination, was intro- duced by the friends of Gen. Cass, and obtained a majority. The balloting commenced. Mr. Van Buren received a majority of all the
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votes, but never reached the two-thirds, required for a nomination. The main wings of the convention, despairing of obtaining two-thirds for either of the prominent candidates, with entire unanimity fell upon James K. Polk, as the compromise candidate, and he was placed at the head of the Democratic national ticket.
The nomination took all parties by surprise. It was considered at the time, as a weak ticket, but the result proved that its weakness was its strength. Mr. Polk had no enemies. All the shades of the party eould unite upon him. He was comparatively unknown, although he had filled many high offices, and was a good man. There were occa- sional amusing paragraphs in the papers, immediately upon the nomi- nation. I have some recollection of one that was significant at the time. I have lost the original that I cut from the paper, but give the substance. A horseman dashes up to the door of Tammany Hall, where the sachems were standing, waiting for the news from Baltimore. " I'll bet my bay, that you ean not guess in four guesses who is the nomi- nee." "Done, we'll take the bet, and win the bay." " Van Buren," "Cass," "Buchanan," "Marey." "None of these." "Then who on earth ean it be ?" "James K. Polk." " And who is he?" " Why James K. Polk of Tennessee." "Three cheers for James K. Polk, our nominee, the very man we thought it would be." There lies the strength of the Democratic party. The nominee is the very man they thought it would be. With James K. Polk, the convention nominated Silas Wright, of New York, the attached personal and political friend of Mr. Van Buren, for Vice President. Mr. Wright declined accept- ing, but afterward at the urgent solicitation of his political friends, accepted the nomination for Governor of New York ; ran and was elected over Mr. Fillmore, and by running, no doubt gave the State of New York to Mr. Polk over Mr. Clay.
Mr. Van Buren was never reconciled to his defeat, which he charged no doubt correctly to the friends of Gen. Cass, in pressing the two- thirds rule that had defeated his nomination. At the subsequent nomination of Gen. Cass, Mr. Van Buren refused to support him, received and ran upon the Buffalo free-soil nomination, and unques- tionably caused the election of Gen. Taylor over Gen. Cass. Soon after that election, Mr. Van Buren made the tour of Europe, was received every where, with distinguished regard and high considera- tion. He returned home in fine health, and again enalesced with the Demoeratie party. He is now enjoying a green old age, at his Kin- derhook residence in New York. Ile is the father of John Van Bu- ren, distinguished as a New York lawyer and politician of more modern times.
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LUCIAN BARBOUR.
LUCIAN BARBOUR.
THE subject of this sketeh during the last session, took a prominent stand among the Republican Members of Congress. Representing the center district of the State, including the capital, his position was looked to by his constituents with much interest. Mr. Barbour is in person tall and commanding, hair sandy, inclined to red, eyes light. features prominent. As a speaker, he is plain, distinct, elear, and forcible ; he makes no pretense to deelamatory eloquence, but always speaks sensibly upon the facts before him. He has the advantages of a good early education. At the bar, Mr. Barbour stands deservedly high, among the first, while his high moral character gives great weight to his standing in society. For the purpose of placing before the reader his style, I give a short extract from his speech delivered in Congress the 18th of March last, in the contested election case from the Territory of Kansas.
" The honorable gentleman from Iowa (Mr. Hall), who has just taken his seat, professes to be in favor of an investigation, but he desires that it shall be conducted subject to certain rules and regula- tions, which would prohibit the committee from inquiring into the validity of the late Territorial Legislature, and forbid all inquiry into the validity of the election laws, and the certificates of the election. He is opposed to an investigation upon the basis proposed by the committee. He insists that we have no right to inquire whether the Legislature of Kansas Territory was legally constituted ; that we have no right to inquire into its origin ; and that the laws enacted by that body are binding upon the country and upon this House.
" Now, Mr. Speaker, it is my purpose to show that it is our duty to use all the means within our power to bring all the facts before this House and before the country; to do it by strict rules of law, but without regard to technicalities. In the investigation of frauds, vio- lence, and corruption, forms of law, merely, can not be interposed. Forms of law, of legislature, or executive or judicial proceedings, can not legalize fraud, violence, and corruption. We have referred this matter to a standing committee of the House, and, in the discharge of their duty, they ask the House for authority to send for persons and papers-a power which has always heretofore been granted to a committee when asked for. The committee have stated in their report the facts which are alleged before them by the contestant, and have given their reasons why they ask for this authority. Some authority of this kind must be granted to this committee, or to a select com-
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mittee. It would be according to precedents to grant this request. It would be contrary to the custom of the House to constitute another committee for the investigation of a matter which properly belongs to the Committee of Elections. They have the responsibility of the matter ; let them control the action.
" I have said that the allegations of the contestant are before us. The minority of the committee in their report, and the gentlemen who have spoken upon the other side of the House, say, in answer, that if the charges are true, still it is not competent for the House to inquire into them, or take any notice of them; that they belong to another forum ; that they have been passed upon and settled elsewhere; and that this House, as well as all other departments of the Government, are bound by the decision. This, Mr. Speaker, is a fair statement of their position.
" The authority of the House to make this inquiry is derived from the Constitution. 'Each House shall be the judge of the elections, returns, and qualifications of its members.' It is argued by the other side of the House, that the grant, ex vi termini, is confined to the elec- tion and returns ; that we can not inquire into any anterior facts or proceedings. This they say is strict and correct construction. I have stated their argument in as strong terms as they have stated it them- selves. Let us examine it. The grant of the power to judge, is a grant of all the means necessary to form a correct and impartial judg- ment, and the power to enforce it. The entire jurisdiction is given, and it is limited only by the subject matter. It includes the right and necessity of taking testimony, with all the incidents and coercions. The inquiry must be comprehensive, and embrace all the substantial elements that enter into the elections and returns. The jurisdiction is not given by halves, nor in limited terms; it is given for a public use and the preservation of the Government, and must be so exercised. In the other end of the Capitol, the majority of the Committee on Territories have recently made a report upon the state of affairs in Kansas. In that report an inquiry is made as to the right of the United States to establish and maintain a Government in Kansas. The committee maintain that the United States have rightfully estab- lished the Government there, and that it is their duty to sustain it. But they say that the right is not derived from the clause of the Con- stitution giving to Congress power to dispose of and make all needful rules and regulations for the territory and other property of the Uni- ted States. They say it grows out of the clause of the Constitution which provides that 'new States may be admitted by Congress into this Union.' They argue, that since Congress may admit new States,
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Congress is thereby invested with the necessary power to organize Territories. This is their language : 'Is not the organization of a Territory eminently necessary and proper, as a means of enabling the people thereof to form and mold their loeal and domestic institutions, and establish a State government, under the authority of the Consti- tution, preparatory to its admission into the Union ?' I do not mean, by citing this, to express any approval of the reasoning of the major- ity of the Senate committee. I dissent from it. But I eite it to show how different members of the same party contrive to shift their posi- tion-sometimes on the striet, and sometimes on the liberal construe- tion-just as the exigeney of the occasion requires. By this rule, it seems that the power to admit new States implies the power to organ- ize and continue the government of a Territory; but the power to judge of the validity of an election, does not imply the right to inquire whether the time and place of holding an election were desig- nated by the people of the Territory, and the rules regulating the same were founded and established in fraud and violence. The state- ment of the case is a sufficient refutation. This House has repeatedly held that every thing that pertains to or enters into the elements of an election is properly the subject of inquiry in cases of contests.
" I proceed now to notice some of the numerous eases of contests upon which the House and Senate have passed. These cases establish the following positions :
" 1. This House will examine into the powers and jurisdiction of State eourts, and the validity of their proceedings. This was the case of Biddle vs. Richard, in the eighteenth Congress. The contest rela- ted to the sitting Delegate from the Territory of Michigan. He was a native of France, and had made his application to, and received his certificate of naturalization from, the court of the county of Wayne, in that Territory. It was objected, that the court was not competent to naturalize foreigners. This objection was entertained by this House, and involved the jurisdiction of the court, and the validity of a certifi- eate granted by it.
" 2. This Ilouse will examine into the validity of a State law. This was the case of Barney s. Mc Creery in the Tenth Congress. The contest related to a member from the State of Maryland. By an aet of the Assembly of that State, Baltimore city and county were made the fifth district, entitled to two Representatives, one of which should be a resident of Baltimore county, and the other should be a resident of Baltimore eity. The question was raised in that case, and enter- tained by the House, whether a law of a State which required that a citizen, to be eligible, should reside in a particular part of the district,
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was Constitutional ; and this House held that it was not. In another case, Draper vs. Johnston, in the twenty-second Congress, which related to a contest of a member from Virginia, this House entertained a question as to the effect of a State law, and held that ' the law requiring votes to be returned within a limited time was directory only ; and if they were not returned by the time, the election was not thereby viti- ated-they might be received afterward.'
"3. This House will even look into the provisions of State Constitu- tions. This has been done during the present Congress, in the Sen- ate ; and that body holds the provision in the Constitution of the State of Illinois, in relation to the eligibility of the Judges of that State to United States offices, to be void. We have the same question to pass upon, in this House, at this session.
" 4. This House will inquire into the legality of a Territorial Legis- lature. This was the case of Randolph rs. Jennings, in the eleventh Congress, and related to the Delegate from the Territory of Indiana. The case being referred to the committee, the question was raised and entertained in the committee, and in the House, whether the Legis- lature which enacted the law under which the election was held was a valid Legislature, legally constituted. The question was entertained without objection, and that is enough to establish the principle. There was also a question as to the regularity of the election returns. Both questions were passed upon by the House.
"5. The Senate did, on one occasion, inquire into the legality of a . State Legislature. This was the case of Potter rs. Robbins, in the twenty-third Congress. The facts were these : On the 19th of Jan- uary, 1833, Mr. Robbins was elected, by the Legislature of the State of Rhode Island, to the Senate of the United States, for the term of six years from the 4th of March succeeding. His credentials were in due form made out and furnished to him, and in February of the same ycar read in the Senate and recorded on its journals. In Octo- ber, 1833, the General Assembly of Rhode Island declared this election void, on the ground that the Legislature by which it was made had not, at the time, a due and legal existence; and, proceeding to the election of another person, they made choice of Mr. Potter. The question of the legal existence of the Legislature which elected Mr. Robbins, was entertained and passed upon in the Senate of the United States in judging of the validity of the election of the sitting Senator.
" 6. The Senate of the United States on another occasion, passed upon the validity of the appointment of a Senator by the Governor of Connecticut, and determined that it was not competent for the Ex- ecutive of a State, in the recess of the Legislature, to appoint a Sena-
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tor, to fill a vacancy which was about to happen, but had not happened at the time of the appointment.
" Mr. Speaker there are numerous other cases that might be eited to sustain the application made by the committee. Some of them have already been eited by gentlemen who have spoken upon this side of the question, and I will not consume the time of the House in exam- ining them. Some of these cases are peculiarly in point. They estab- lishi the right and usage of the House to examine into the validity of even a State Legislature, upon the proper allegations. In the case of Potter rs. Robbins, the majority of the committee in their report, dis- cussed the following propositions: '1st. Was the commission of Asher Robbins made and executed in conformity with the provisions of the Constitution of the United States, and the laws and usages of Rhode Island, prescribing the time, place and manner of choosing Senators to Congress? 2d. Was Mr. Robbins, at the time of his election, eligible, according to the Constitution of the United States, to the office of Senator? 3d. Was he chosen by the Legislature of the State of Rhode Island ?' In examining the third question, the majority of the committee say that, to constitute a Legislature, there must be in existence a Governor, a Senate and House of Representa- tives ; and to pass upon that question correctly, and determine whether the term of office of the Governor and Senate liad expired before the time of the election of Mr. Robbins, they examined into ' the ancient charter of Charles IE., of England, granted to the Colony of Rhode Island and Providence Plantations, in 1663, which had not been superseded by a written Constitution since the Revolution, and into the various laws which had been enacted, modifying the provisions of the charter.' After examining the charter and laws, and finding that the Legislature was elected, and assembled according to law, they say, ' It remains then, to be inquired, was this body so assembled, the Leg- islature of Rhode Island? The law, by virtue of which they continued to exercise the power of legislation, is said to be repugnant to the charter. If this be a sound objection, it at onee annuls every part of their proceedings, and, as a necessary consequence, that of' choosing a Senator in Congress.' The minority differed from the majority in ,their conclusions, upon the examination. The minority report was written by Silas Wright, Jr. In that report he says : ' Will the Sen- ate look behind this commission, to determine whether or not it was properly granted? The undersigned believes that it is not only the right, but the duty, of the Senate to do so.' * *
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