Chapter XX · —HISTORY. (continued 10)

On the 10th of November, 1842, the President issued his proclamation, announcing the ratification of the treaty, and the exchange of ratifications between the two governments, which was done at London on the 13th of October, 1842, by Mr. Everett and the Earl of Aberdeen.

Thus was settled a controversy, which for half a century had disturbed the harmony of the two governments—which had given birth to frequent disturbances, within and in the neighborhood of the disputed territory, and which as the controversy remained unsettled, was becoming more perplexed and intricate, and every year more likely to engender hostilities between the two nations.

Among the measures of a public nature, which occupied the attention of the 2d session of the 27th congress, no one excited more interest than the revision of the tariff. The government was in debt, and its credit in the wane. Authorized loans could not be negotiated. The revenue was falling off. The manufacturing interests were suffering; all branches of industry were drooping. Said the Committee, to whom the subject was referred, in their report, “A well regulated tariff, on a scale sufficient for the wants of the government is the only effectual remedy for the evils the government and the people are now suffering. It will inspire confidence throughout the country. It will again set every wheel in motion. It will improve and enlarge the currency. It will send out its life, giving influence to the extremity of the nation, and give vigor and activity to the whole system. It will (and nothing else will) restore credit to the country. The people of this country know that our resources are abundant. Let them but see that congress has provided a proper revenue, and has done it in such a manner, as at the same time to encourage and protect their own protective industry in all its branches, whether it relates to commerce, agriculture, manufactures, or the mechanic arts, throughout the broad extent of our lands, and the credit of the government will commence at once, and receive all the aid it may need.”

In accordance with these views, a bill was reported by the above committee, providing, 1st, a general ad valorem duty of 30 per cent. with free exceptions, where the duty was on that principle. 2. A discrimination was made for the security of such interests as could not be preserved without it, as well as for revenue, by specific duties on valuations, some higher, and some lower than the general ad valorem duty.

This measure was powerfully sustained by the friends of the manufacturing interests in the country. But it met with great opposition. Every inch was contested. Great excitement prevailed, both in and out of congress. Parties were nearly equally balanced on the question; and, for a time, serious apprehensions were entertained as to its fate. But, at length, (July 16th,) the bill passed—in the house, by a vote of 116 to 112,—in the senate, (August 5th,) by a vote of 25 to 23.

Thus was decided, a question, which, in the view of many, was of incalculable importance to the country; one, certainly, which had interested all hearts, and had given birth to debates, as warm and animated, as any which had been listened to for years. All eyes were now turned towards the Executive, upon whom devolved the fearful responsibility of approving or rejecting it.

In a few days, the decision of the President was communicated to congress—he had rejected it—had added another veto to those which had already filled his friends with surprise and regret.

At the opening of the extra session of congress, the President had himself recommended a distribution of the proceeds of the public lands among the states; and an act was accordingly passed to that effect; but it ordained “that if at any time, during the existence of that act there should be an imposition of duties or imposts, inconsistent with the provision of the act of the 2d of March, 1833, and beyond the rate of duties fixed by that act, to wit., 20 per cent. on the value of such imposts, or any of them, then the distribution should be suspended, and should continue so suspended, until the cause should be removed.” The bill now presented to the President for his consideration provided, that notwithstanding the duties were raised beyond 20 per cent., the distribution should be made. On this ground principally the veto was based.

The friends of a judicious tariff were thus placed in a most embarrassing situation. It had been their intention to adjourn soon after the passage of this important measure; but, under this unexpected defeat and embarrassment, what should they do? Not a few were for closing the session, and placing the responsibility upon the President. But the country was suffering; the credit of the government was sinking lower and lower. Something must be done. Another effort must be put forth. Sacrifice must be made.

While the judicious and patriotic men in congress were thus deliberating as to the path of duty, a committee of the house, at the head of which was Mr. Adams, to whom the veto message of the President had been referred, reported. After reviewing the course which the Executive had pursued—his repeated attempts to frustrate the action of congress by the exercise of the veto—“that regal power of the constitution,” they observed; “the whole legislative power of the Union has been for the last fifteen months, with regard to the action of congress, upon measures of vital importance, in a state of suspended animation, strangled by the five repeated strictures of the executive cord.” “The will of one man has frustrated all the labours of congress, and prostrated all their powers.” “The power of the present congress to enact laws essential to the welfare of the people, has been struck with apoplexy by the Executive hand.” In such terms, did the committee speak of the alarming and unreasonable exercise of the veto power by the President. Two counter reports were made by members of the committee, who dissented from the report.

On the 17th of August, the house passed upon the tariff bill returned by the President. The vote stood 96 to 87—two thirds not voting in the affirmative, as required by the constitution, the bill was rejected.

On the 22d of August, the same revenue bill, which had been vetoed by the President, was passed by the house, 105 to 102, with the exception of the section concerning the land fund, and the duties upon the articles of tea and coffee, which were omitted. “We do not remember ever to have witnessed, during thirty-five years attendance at the house of representatives,” said the editor of the Intelligencer, “a more exciting scene, a severer contest, a greater earnestness and self devotion, than characterized the proceedings and votes on this bill.” Many were reluctant to strike out the land clause, and thus yield to what they considered prejudice and obstinacy on the part of the President—but the exigencies of the country demanded the sacrifice at their hands, and in the spirit of patriotism they made it.

On the 27th of August, the bill with amendments passed the senate by the close vote of 24 to 23, and on the 29th these amendments were concurred in by the house; and the bill, soon after, received the signature of the President, and became a law of the land.

The report of the committee on the veto of the President of the revenue bill has already been noticed. Against this report, the President on the 30th of August entered his solemn protest, transmitted to the house in a special message. “I protest,” said he, “against this whole proceeding of the house of representatives, as ex parte and extra judicial. I protest against it, as subversive of the common right of all citizens to be condemned only upon a fair and impartial trial, according to law and evidence before the country. I protest against it as destructive of all the comity of intercourse between the departments of this government, and destined, sooner or later, to lead to conflict fatal to the peace of the country, and the integrity of the constitution. I protest against it in the name of that constitution, which is not only my own shield of protection and defence, but that of every American citizen. I protest against it in the name of the people, by whose will I stand where I do, and by whose authority I exercise the power which I am charged with having usurped, and to whom I am responsible for a firm and faithful discharge, according to my own convictions of duty, of the high stewardship confided to me by them. I protest against it in the name of all regulated liberty and all limited government, as a proceeding tending to the utter destruction of all checks and balances of the constitution. And I respectfully ask that this, my protest, may be entered upon the journal of the house of representatives, as a solemn and formal declaration, for all time to come, of the injustice and unconstitutionality of such a proceeding.”

On receiving this protest, the house passed these resolutions. 1. That the President had no right to make a formal protest against votes and proceedings of this house, declaring such votes and proceedings to be illegal and unconstitutional, and requesting the house to enter such protest on its journal. 2. That the aforesaid protest is a breach of the privileges of the house, and that it be not entered on the journal. 3. That the President of the United States has no right to send a protest to this house against any of its proceedings.

On the 31st of August, the 2d session of the 27th congress was terminated. It will be memorable in the history of the country for the length and arduousness of its labours, the obstacles which it encountered in the path of its duty, and the variety and importance of the legislation which it accomplished in despite of all the difficulties thrown in its way.

It was the longest session ever held under the government; extending through a period of 269 days. The session next to this in length was the second under Mr. Van Buren, which lasted 229 days. At this latter session the reports made were 716; bills reported, 524; bills passed by the house, 211. By the former, reports made, 1098; bills reported, 610; bills passed, 299.

The third session of the 27th congress commenced on the 5th day of December, 1842. In his message transmitted to congress two days after, there being no quorum in the senate earlier, the President represented the foreign relations of the country as in general amicable. The late treaty with Great Britain was cause of congratulation, as thereby it was to be hoped the good understanding existing between the two governments would be preserved for an indefinite period. Some misunderstanding had arisen in regard to the 10th article, which related to the suppression of the slave trade. A practice had threatened to grow up on the part of British cruisers, of subjecting to visitation ships sailing under the American flag. This was regarded as in fact a right of search, which would not be tolerated, and such had been the representation of the Executive to the British government. The President expressed his regret, that the treaty had not also embraced the Oregon Territory—but he indulged the hope that an early settlement of the question of title to this portion of the continent would remove all grounds of future collision between the two governments.

The vexatious, harassing, and expensive war which so long prevailed with the Indian tribes inhabiting the peninsula of Florida, had been terminated; the army was relieved from a service of the most disagreeable character; and the treasury of a large expenditure. Only such a number of troops would be continued there as were necessary to preserve peace.

The President again urged upon congress his plan of an exchequer, which at the late session had received no favour. In conclusion, he recommended a reimbursement of a fine imposed on General Jackson at New Orleans, at the time of the attack and defence of that city.

On the 9th of January, 1843, the committee of ways and means to whom had been referred the plan of the President of an exchequer, reported adversely thereto; and on the 27th this report was accepted, and the resolution accompanying it adopted by the strong vote of 193 to 18. The resolution was, that the plan presented to congress of an exchequer ought not to pass.

Among the important acts passed at this session was one for the repeal of the bankrupt law.

On the 13th of December, 1842, a bill was introduced into the house for the repeal of the bankrupt law passed on the 19th of August, 1841. On the 16th of January, 1843, the bill passed the house by a vote of 140 to 71. The question on its repeal was taken in the senate February 25th, 1843, and the repeal passed by a majority of 32 to 13. It was provided in the bill that the act should not affect any case or proceeding in bankruptcy commenced before the passage of this act, or any pains, penalties, or forfeitures incurred under the said act; but every such proceeding may be continued to its final consummation in like manner, as if this act had not been passed. At the time of the passage of the original act, there existed a strong sentiment in its favour throughout the country. Such a system had been called for for years—such a measure it was supposed would relieve many unfortunate debtors, who, but for such relief, would find no opportunity, and possess no ambition to attempt to retrieve their fortunes. It was urged also for the continuance of the act, that if harm had resulted from it, the harm was not likely to continue. The dishonest had received its benefit—the mass of insolvency had been swept away by the law already in force. A fair field was open for amendments to the law if found objectionable; and amended as it might be, it would operate for the benefit of the creditor more than the debtor. Besides, it was hardly to be hoped that the present generation would see another law in force, should this be repealed. Such were some of the considerations urged in favour of continuing the law. But a great change had been effected in public opinion throughout the country, and not a few of the members of congress, who had originally urged the passage of the act, and were firm in their belief that its operation would be beneficial, now voted for its repeal.

On the 1st of March, Mr. Forward resigned the office of secretary of the treasury, and John C. Spencer, then secretary of war, was soon after nominated to fill his place. His confirmation passed the senate by a majority of one.

On the 3d of March, an act was approved by the President for promoting the means of future intercourse between the United States and the government of China. By this act 40,000 dollars were placed at the disposal of the President to enable him to establish commercial relations with China. Under this act, Edward Everett, then minister and envoy extraordinary to England, was nominated and confirmed as commissioner. It may be here added, that Mr. Everett declining this honor, Caleb Cushing, of Newburyport, Massachusetts, was appointed to take his place, and John Tyler, son of the President, was appointed his private and confidential secretary. Fletcher Webster of Boston acted as secretary of the mission.

At the above date (March 3d) the President approved of another important act, viz., to provide for carrying into effect the treaty between the United States and Great Britain, concluded at Washington, August 9th, 1842. By this act, 300,000 dollars were to be paid in equal moieties to Maine and Massachusetts. Also the President was authorized to employ so much of the naval force as was requisite to fulfil the 8th article relating to the suppression of the slave trade.

The third session of the 27th congress closed on the 3d of March, 1843. Several important bills failed, among which may be mentioned a bill to reduce the postage on letters—a bill to authorize the adoption of measures for the occupation and settlement of the Oregon Territory, and for extending certain laws of the United States over the same—and a bill for the relief of Andrew Jackson.

On the 8th of May, Daniel Webster having accomplished the great object for which he retained his place in the cabinet, when his associates resigned, viz., the settlement of the north-eastern boundary between the United States and Great Britain, resigned the office of secretary of state, and Hugh S. Legare, attorney-general of the United States, was appointed temporarily to fill that office.

On the 8th of June, the President, accompanied by the secretary of the treasury and the postmaster-general, left Washington, for a visit to Boston to attend the celebration of the completion of the Bunker Hill Monument. During his progress, he was received with the honors due to the chief magistrate of a great and powerful nation. The celebration took place on the 17th. An oration was pronounced by Daniel Webster, commemorative of the great events by which our country had arisen to its exalted station, and of the virtues of those noble men who laid the foundation of our civil and religious institutions. It was a grand and imposing scene. Thousands were gathered to the spot once moistened by the blood of patriots; and grateful homage went up to Him, under whose fostering care the nation enjoyed a measure of prosperity unknown to any other nation on the globe.

But scarcely were the festivities of the occasion ended, when the melancholy intelligence was circulated that Mr. Legare, the attorney-general, and acting secretary of state, had suddenly deceased at his lodgings in Boston. He had followed the President to mingle in the joys of the occasion, but sickness fell upon him, and in a brief space he was numbered with the dead. He sustained the reputation of a man of rare endowments—of great requisitions, and exalted character. In consequence of this death, the President and suite soon returned to the seat of government.

On the 8th of July, 1843, the cabinet of the President was reorganized by the appointment of Abel P. Upshur, secretary of state; John C. Spencer, secretary of the treasury; J. M. Porter, secretary of war; C. A. Wickliffe, postmaster-general, and John Nelson, attorney-general.

The 1st session of the 28th congress commenced on the 5th of December, 1843. On the organization of the house of representatives, a flagrant violation of law was perpetrated by the majority. On the 25th of June, 1842, an act was passed by congress providing for the election of representatives in the several states by districts. This law, some of the states saw fit to set at defiance. New Hampshire, Georgia, Mississippi and Missouri, severally nullified this eminently democratic measure. In Georgia, indeed, the legislature framed and passed a districting bill, but the governor vetoed it, avowing in his message that he did this less from hostility to the district system, than to avoid the appearance of complying with the requisitions of congress.

On the organization of the house, the members from those states, twenty-one in number, appeared and claimed the right to vote. A protest from the whig majority was read, but in defiance of that, and the plain and explicit act of congress to the contrary, they were suffered to vote for speaker and clerk, and subsequently they were appointed upon various committees. When these flagrant violations of law had been perpetrated, the house directed the committee on elections to inquire into and report on the matter. That committee, as was foreordained, reported that the second section of the apportionment act was unconstitutional. The house promptly adopted the report, and thus the whole matter was settled, virtually on the basis that no law is of binding force, which conflicts with the interests or the will of the triumphant democracy. The choice of speaker fell on John W. Jones of Virginia, who had been returned by 33 majority, and whose seat was then contested by his opponent, John M. Botts.

In his annual message, the President represented the question between the United States and Great Britain, relating to the title of the Oregon Territory, as still unadjusted. Our minister at London had received instruction to submit to the British government propositions for the final settlement of the question, and the hope was indulged that this controversy of increasing interest might be brought to a speedy and happy termination.

But the prominent subject of the message related to Texas. The annexation of that territory to the United States was supposed to be occupying a large share of the executive attention, and intimation had been given in the official organ, that considerable progress had already been made towards the accomplishment of that object. The message was less explicit on the subject than the people had reason to anticipate from what had been semi-officially published; but it was apparent that the interest taken in Texas by the Executive foreshadowed his ultimate purpose in relation to her becoming a part of the Federal Republic.

On the 8th of January, 1844, an act passed the house of representatives, reimbursing a fine imposed upon General Jackson at New Orleans, at the time of the attack and defence of that city. The repayment of this fine had been recommended by the President in his annual message in December, 1842, but so much opposition to the measure had been manifested, that until now a favorable vote could not be obtained. The history of the imposition of this fine, according to a writer on the spot, is briefly as follows.

After the signal defeat of the British on the 8th of January, they withdrew on board their ships. News of peace with Great Britain meanwhile reached the city. General Jackson, notwithstanding, persisted in continuing martial law. This created dissatisfaction among the volunteers on the line. One of them, Louallier, a member of the legislature, who had acted in a highly meritorious manner in the defence, setting an example to the native citizens which had a great effect (in fact he had more of the American feeling than any Louisianian I had become acquainted with,) conceived that the unbending military discipline of Jackson towards the citizens and volunteers was oppressive, and wrote an anonymous letter on the subject, which was published in a New Orleans paper. The editor of the paper was ordered to appear before the general, escorted by a military guard, and being threatened with punishment, gave up the author. The displeasure of the general was now turned against Louallier, who was immediately put under strict arrest, while an order was issued forbidding any further publications on these subjects—thus silencing the press. Louallier was ordered to be tried for treason by a court martial, and if the court had been sufficiently compliant, there is no doubt that he would have been shot: but, fortunately, General Gaines, who presided, was the means of preventing so shocking a catastrophe. In the mean time, the friends of Louallier applied for a habeas corpus, which was issued by Judge Hall, after it had been refused by Judge Lewis. Jackson not satisfied with simply disregarding the writ, sent a file of men, who seized the judge, carried him ten or twelve miles out of the city, and left him with orders not to return. It was soon after the official announcement of peace, and the cessation of martial law, that Judge Hall returned to New Orleans and summoned General Jackson to appear before him and answer for his disobedience of the writ of habeas corpus. This General Jackson refused, for which refusal Judge Hall fined him one thousand dollars.

This was the fine which the President recommended Congress to reimburse. The payment of it was strenuously resisted, on the ground that it would be reflection upon Judge Hall, who imposed it in the discharge of his official duty, for a violation on the part of General Jackson of the laws of the constitution. The act for reimbursing the fine, however, passed both houses of congress—the vote in the former being taken January 8th, 1844, the anniversary of the battle of New Orleans, and standing 158 to 28. The vote in the senate was taken February 14th, and stood 30 to 16. The act disclaimed any reflection upon Judge Hall. The original fine was 1000 dollars. This with the interest amounted to 2700 dollars, which was forwarded to the general from the public treasury at Washington by a special messenger.

On the 2d of March, 1814, a most tragical event occurred on board the United States steamship Princeton, during her return from an excursion down the Potomac. Captain Stockton, the commander of the ship, had invited the President, the secretaries with their families, and several members of congress to an excursion down the river. The day was fine; the company large and brilliant—probably not less than 400 of both sexes. During the passage, one of the large guns on board, called the Peacemaker, carrying a ball of 225 pounds, was fired several times, exhibiting the great power and capacity of that formidable weapon of war. The ladies had partaken of a sumptuous repast; the gentlemen had succeeded them at the table, and some of them had left it. The vessel was on her return up the river, opposite the fort, when Captain Stockton consented to fire another shot from the same gun, around and near which, to observe its effects, many persons had gathered, though by no means so many as had witnessed the previous discharge.

The gun was fired. The explosion was followed, before the smoke cleared away so as to observe its effects, by shrieks of woe which announced a dire calamity. The gun had burst three or four feet from the breech, and scattered death and desolation. Mr. Upshur, secretary of state; Mr. Gilmer, recently appointed secretary of the navy; Commodore Kennon, one of its gallant officers; Virgil Maxcy, lately returned from a diplomatic residence at the Hague; Mr. Gardener of New York, formerly a member of the senate of that state were among the slain. Besides these, seventeen seamen were wounded, and several of them mortally. Captain Stockton, Colonel Benton of the senate, Lieutenant Hunt of the Princeton, and W. D. Robinson of Georgetown were stunned by the concussion.

The scene baffles description. Wives widowed in an instant by the murderous blast! Daughters smitten with the heart-rending sight of their fathers’ lifeless bodies! The wailings of agonized females! The piteous grief of the unhurt but stricken spectators! The wounded seamen borne down below! The silent tears and quivering lips of their brave and honest comrades, who tried in vain to conceal their feelings! What words can adequately depict a scene like this!—A few days after, the funeral ceremonies, which were conducted with appropriate order and solemnity, took place at the presidential mansion, at which were present the surviving officers of government, civil, military and naval; the foreign ministers, members of both houses of congress, and relatives and personal friends of the deceased.

Shortly after the above sad event, Mr. Upshur’s place in the department of state was supplied by the appointment of John C. Calhoun, of South Carolina, and the vacancy occasioned by the death of Mr. Gilmer was filled by the appointment of John Y. Mason.

On the 22d of April, a message was transmitted to the senate by the President, announcing to that body the negotiation of a treaty with Texas; the object of which was to annex that territory to the United States. “I transmit herewith,” said he, “for your approval and ratification, a treaty which I have caused to be negotiated between the United States and Texas, whereby the latter, on conditions therein set forth, has conveyed all its rights of separate and independent sovereignty and jurisdiction to the United States. In taking so important a step, I have been influenced by what appeared to me to be the most controlling considerations of public policy, and the general good; and in having accomplished it, should it meet with your approval, the government will have succeeded in reclaiming a territory, which formerly constituted a portion, as it is confidently believed, of its domain under the treaty of cession of 1803, by France to the United States.”

By this treaty, the republic of Texas was to be annexed to the United States as one of the territories. Her public lands were ceded and subject to the laws regulating public lands in the other territories of the United States. Her public debt and other liabilities to be assumed by the United States, &c.

The annunciation that such a treaty had been negotiated by the President so secretly, excited no small surprise throughout the country, and immediately awakened deep concern and anxiety in the bosoms of those who were opposed to the measure. In the view of this portion of the community, the admission of Texas was a serious calamity, inasmuch as it involved the extension of slavery, if not an open rupture with Mexico, which still laid claim, with what justice we do not here pretend to decide, to the republic, as a part of her rightful domain. On the other hand, these and other objections had no force with a large party, who were in favor of her admission. They saw in such a measure not merely the extension of the great principle of liberty, and the wider diffusion and enjoyment of our inestimable privileges and institutions, but the means of great wealth, inasmuch as her rich lands might be devoted to the production of cotton and other agricultural products, and would furnish a mart for such surplus slave population, as was not needed in contiguous states. It was confidently asserted that it would not increase slavery in the land, but serve to place what was deemed a necessary evil at a farther remove from the non-holding slave states.

On the 8th of June, a direct vote was taken on the question of ratifying the above treaty, when it appeared that 35 members were against its ratification, and 10 in favor of it. It would have required 34 votes (two thirds) according to the constitution to ratify the treaty, whereas more than two thirds voted against it.

On the rejection of this treaty, the President transmitted a message to the house of representatives, informing that body of the action of the senate, and virtually requesting them to adopt some course, by which his object should be obtained. He said, “While I have regarded the annexation to be accomplished by treaty, as the most suitable form in which it could be effected, should congress deem it proper to resort to any other expedient conformably with the constitution, and likely to accomplish the object, I stand prepared to yield my most prompt and active co-operation. The great question is not as to the manner in which it shall be done, but whether it shall be accomplished or not.”

During the progress of these interesting measures in congress, not less interesting events were transpiring in other parts of the country. Another presidential election was approaching, and already the several parties were marshalling their forces for the contest. Within a few days, three conventions were held for the purpose of nominating candidates for the two first offices in the country, to be voted for in November, 1844.

The first of these was a whig convention convened on the 1st of May, in the city of Baltimore. Over the deliberations of this convention, the Hon. Ambrose Spencer of New York presided. By this convention, composed of a large delegation from every state in the Union, Henry Clay of Kentucky was unanimously recommended, as the whig candidate for the presidency of the United States. At the same time Theodore Frelinghuysen of New Jersey was nominated to the office of vice-president.

On the following day the foregoing nominations were ratified by a grand national mass convention, composed of young men from all parts of the Union—probably the largest political assemblage ever convened in the United States in a regular convention. John M. Clayton, of Delaware, presided.

On the 27th of the same month, May, the democratic national convention assembled in the city of Baltimore for a similar object of this convention. H. C. Wright of Pennsylvania was elected president of the convention. Previous to the meeting of this convention, it was generally anticipated that Martin Van Buren, of New York, would be its unanimous choice for the presidency. Not a few of the delegates had been specially instructed to give their votes for him. The popularity of Mr. Van Buren, however, had, from various causes, been for some time diminishing. His letter in opposition to the annexation of Texas had served to cool the friendship of many of his southern political friends. In addition to these considerations, there were probably others which have not yet transpired from the bosoms of some who exercised a paramount influence in the Baltimore convention. Be this, however, as it may, a plan was projected to pass Mr. Van Buren, and select another candidate. This was accomplished by requiring a majority of two thirds of the delegates present in favor of the candidates elected. To the adoption of such a rule, the friends of Mr. Van Buren, for a time, strenuously objected. They were, however, overruled, and at length it came to pass, that the man, who, it is believed, nearly every state in the Union had in one way or another recommended to the suffrages of the convention, was laid aside, and a candidate in the person of James K. Polk was selected, whose name, previously to the convention, had scarcely ever been heard in connection with the first office in the land. Most remarkable was it, that the man who, during the first seven ballotings of a convention so large, did not receive a single vote, and in the eighth balloting but forty-four, should on the ninth receive every vote of the convention, being 266 in number. At the same time George M. Dallas, of Pennsylvania, was nominated for vice-president.

On the same day, in another part of the city of Baltimore, a Tyler national convention, as it was called, was assembled for the purpose of nominating John Tyler to the office of President. Of this convention Judge White, of Connecticut, was elected president. The convention was composed of delegates from various parts of the union, without restriction as regards to number from any state or district, or any question as to the manner of their appointment; by this convention John Tyler was nominated for the presidency. It adjourned without nominating a candidate for the vice-presidency, but adopted a resolution recommending the appointment of a committee, who should report a candidate for the vice-presidency through the public papers.

The candidates thus nominated by these several conventions, accepted their nominations, and from this time the political campaign opened with all that activity and busy bustle, which of late have characterized our presidential elections. Immense mass meetings of old and young were held in every section of the country, for the purpose of approving of the several nominations, and of stimulating the friends of the respective candidates to every effort to secure their election. It may here be added, that on the 30th of August, Mr. Tyler, finding himself without a party adequate either in numbers or zeal to elect him, wisely withdrew from the presidential canvass. The course he had pursued was popular with no party. Yet, on withdrawing his name, he seems, for reasons not well understood, to have aided the election of Mr. Polk, by removing from office those who were friendly to the election of Mr. Clay, and substituting in their place men well known to favor the pretensions of his rival.

The 28th congress closed its first session of 196 days, on the 17th of June. Little business of importance had been accomplished. Several bills deeply affecting the interests of the country were lost. Fortunately for the manufacturing interests, a bill having for its object an essential alteration of the tariff, and which was urged by its advocates with great force, was laid upon the table of the house by a vote of 105 to 99. A post-office bill, reducing the rates of postage was passed by the senate, but was neglected by the house, as was also its own bill for regulating postage, and the franking privilege of members of congress.

On the 2d of December congress again assembled—it being the 2d session of the 28th congress. In his message, the President represents the relations of the country with foreign powers as satisfactory. The negotiations with Great Britain in relation to Oregon were in hopeful progress. The condition of the public treasury, and of the public credit were highly gratifying. The annexation of Texas was again brought to the consideration of Congress, and a joint resolution was recommended as the form by which that annexation might be perfected—to be made binding on the two countries when adopted in a like manner by the government of Texas.

On the 10th of January, 1845, an important treaty between the United States and the Chinese empire, was ratified by the senate by a unanimous vote. This treaty was concluded by Caleb Cushing, United States commissioner to China, and Tsiyeng, governor-general of the Two Kwangs, on the part of the Emperor, at Wang-Hiya, on the 3d of July, 1844. By this treaty our relations with China were placed on a new footing eminently favorable to the commerce and other interests of the United States. An abstract of the most important articles are subjoined.

Art. 1, Provides that there shall be a perfect and universal peace, and a sincere and cordial amity between the United States of America and the Ta Tsing Empire.

Art. 2, Provides that citizens of the United States resorting to China for the purpose of commerce, will pay the duties of import and export prescribed in the tariff annexed to the treaty, and no other duties or charges whatever; and that the United States shall participate in any future concession granted to other nations by China.

Art. 3, Provides for the provision of citizens of the United States at the five ports of Kwang-chow, Hiyamen, Fa-chow, Ningpo and Shang-hai.

Art. 4, Provides for citizens of the United States to import and sell, or buy and export, all manner of merchandise at the five ports.

Art. 16, Provides for the collection of debts due from Chinese to Americans, or from Americans to Chinese through the tribunal of the respective countries.

Art. 17, Provides for the residence of citizens of the United States; the construction by them of dwellings, storehouses, churches, cemeteries and hospitals, and regulates the limits of residence—and trade permitted to citizens of the United States at the five ports, and the ―― appertaining thereto.

Art. 18, Empowers citizens of the United States freely to employ teachers and other literary assistants, and to purchase books in China.

Art. 19, Provides the means of assuring the personal security of citizens of the United States in China.

Art. 21, Provides that subjects of China and citizens of the United States in China, charged with crimes shall be subject only to the exclusive jurisdiction each of the laws and officers of their respective governments.

Art. 22, Provides that the merchant vessels may freely carry between the five ports and any country with which China may happen to be at war.

Art. 34, Provides that citizens of the United States engaged in contraband trade, or trading clandestinely with such of the ports of China as are not open to foreign commerce, shall not be countenanced or protected by their government.

A treaty similar to the preceding was made by Great Britain with China somewhat earlier. A new era has commenced in the history of that extensive empire. And now that access to her population is comparatively easy, and religious instruction is allowed to be disseminated by means of missionaries, tracts, &c., a happy change may be anticipated in respect to a people where religion, laws and customs have remained without alteration for centuries. Thus good has resulted from evil. The conduct of England in respect to the opium trade a few years since, was reprobated by all civilized nations; but Providence has overruled events so that the light of Christianity will at no distant day enlighten and bless China, with her hundreds of millions of now ignorant and superstitious idolators.

The rejection by the senate of the treaty concluded by the President with Texas, noticed page 824, in no wise abated the ardor of the Executive in respect to her annexation to the United States. In his annual message, as already observed, he proposed to effect her admission into the Union by a joint resolution of congress. Unconstitutional as such a mode of annexation was deemed to be by many sound and patriotic men, the measure found favor with a large party in the United States, and a corresponding party in congress. The resolution was opposed with great force, and by powerful argument. The consequences were clearly set forth—those which were certain, and other consequences which were probable. It was urged as an act of injustice to Mexico, and that hostilities with that government would likely ensue—that our territory was sufficiently extended—that our public debt should not be enlarged by the assumption of hers—and finally, and more than all, that the evils of slavery would be greatly augmented as its theatre would be widely extended. But the President and other friends of the measure regarded it with great favor. General Jackson, now in the decline of life, and even on the verge of the grave, was appealed to, and not in vain, to urge the democratic party to consummate the annexation before his departure. The discussion of the subject in congress, and in the public papers was strong and animated. At length on the 23d of January, 1845, the question was taken in the house of representatives, and the resolution adopted by a vote of 118 to 101.

The democratic votes in favor of the resolution were 53 from free, and 59 from slave states. Eight whigs, all from slave states, voted in favor. Of the votes in the negative, 28 were democratic from free states; 70 were whig—52 from free states, and 18 from slave states.

The resolution from the house underwent important amendments in the senate, in which body it passed by a vote of 27 to 25. In these amendments the house concurred by a vote of 132 to 76.

The resolution thus passed was as follows.

Resolved, &c., That congress doth consent that the territory properly included within, and rightfully belonging to, the republic of Texas, may be created into a new state, to be called the state of Texas, with a republican form of government to be adopted by the people of said republic by deputies in convention assembled, with the consent of the existing government in order that the same may be admitted under the states of this Union.

The consent of congress to this resolution was given upon certain conditions—the first was that a constitution adopted by the people of said republic should be laid before congress on or before the 1st day of January, 1846—the second was, that all mines, minerals, fortifications, harbors, arms, navy, &c., should be ceded to the United States—public lands to be retained by Texas for the payment of her debts—a third condition was, that new states might hereafter be formed out of the said territory of Texas.

An amendment of the above resolutions proposed by Mr. Walker was adopted by a vote of 27 to 25.

This amendment allowed the President of the United States, instead of proceeding to submit the foregoing resolutions to the republic of Texas as an overture on the part of the United States for admission, to negotiate with that republic, then

Be it resolved, That a state to be formed out of the present republic of Texas, with suitable extent and boundaries, and with two representatives in congress until the next apportionment of representation, shall be admitted into the Union by virtue of this act, on an equal footing with the existing states, as soon as the terms and condition of such admission and the cession of the remaining Texian territory to the United States shall be agreed upon by the governments of Texas and the United States. This amendment was concurred in by the house by a vote of 132 to 76.

As these measures in regard to the admission of Texas were adopted at the close of the session of congress, it was expected that Mr. Tyler would leave it to his successor to consummate the wishes of congress, and it was also understood that Mr. Polk had determined to negotiate a treaty with Texas under the alternative offered by Mr. Walker’s amendment. President Tyler, however, determined to forestall the action of his successor, and hence despatched an express to communicate to Texas, that he had decided to invite Texas into the Union, under the provisions of the resolutions as they passed the house of representatives, without the exercise of farther treaty making power.

During the preceding session of congress, the subject of a change in existing rates of postage had been discussed, and a bill making alterations had passed one branch of the national legislature. At the present session, the subject was revived, and a bill reducing the rates introduced. It was understood to find no favor with the postmaster-general and some others—but a reduction of rates had long been demanded by the public, and, in accordance with the public sentiment, the bill passed the senate February 8th, by a vote of 38 to 12: in the house, on the 16th, 158 to 74—to go into operation the 1st of July, following.

On the 12th of February, the ceremony of opening and counting the votes of the electors of President and vice-president of the United States took place in the presence of both houses of congress. Tellers were appointed as usual, who, having read and counted the votes, made duplicate lists thereof. These being delivered to the president of the senate, he made declaration of the result; viz., That the whole number of votes given was 275, of which James K. Polk, of Tennessee, had 170, and was duly elected President of the United States for four years from the 4th day of March ensuing. Henry Clay had 105 for the same office. The vote for vice-president stood 170 for George M. Dallas, of Pennsylvania; for Theodore Frelinghuysen, of New York, 105.

On the 4th of March, at half past two in the morning, the second session of the 28th congress was brought to a close, and at the same time was terminated the presidential career of John Tyler, who soon after retired to his farm in Virginia.

In reviewing the presidential career of Mr. Tyler, it is impossible to free him from the charge of inconsistency. In the Harrisburg convention, he was a member, a vice-president, and an ardent supporter of Mr. Clay—and when, after some three days’ deliberation, it was decided to place General Harrison in nomination, few, if any, appeared more deeply aggrieved than Mr. Tyler, that the claims of Mr. Clay were set aside.

The selection of a candidate for vice-president, next became an object of deep solicitude. The friends of General Harrison were naturally anxious that the choice should fall upon a known and ardent Clay man. To this end, the name of John J. Crittenden was brought forward, but his friends felt unauthorized to pledge his assent. Others were named—Governor Dudley—ex-Governor Owen, and Benjamin Watkins Leigh; but for various reasons their names were withdrawn. At length the name of John Tyler was introduced, and under a belief that he was an uncompromising whig, he received the unanimous vote of the convention.

On the death of General Harrison, Mr. Tyler succeeded to the presidency. Thereupon he issued an address to the people, which was plainly and generally understood to indicate his resolution to unite in such measures with regard to the currency, as the new whig congress (which General Harrison had called to meet in extra session at an early day) should deem advisable. A variety of circumstances concurred to evince that such was at that time his intention. But the tenor and language of his conduct were soon changed. He differed from the party which elevated him to office—repeatedly vetoed their most important and most valued measures—removed from office nearly all who had contributed to his election, and threw his entire influence into the hands of the opposite political party.

The retirement of Mr. Tyler, is, perhaps, too recent to justify a decided opinion as to the merits of his administration. During the heat of party strife, an impartial judgment is seldom apt to be exercised. We look at men and measures, at such times, through a false medium. In order to [give] a fair and full estimate of the measures of a government, it is necessary that years should pass by, and with them the political pride and party prejudice of the principal actors at the time of their adoption and influence. But whatever may be the ultimate decision of posterity in regard to the administration of Mr. Tyler, as a whole, it is certain, that nothing can rescue him from the charge of a vacillating policy, by which he alienated from his society and friendship nearly every man, who aided in elevating him to office; and that without securing the esteem of the party whose cause he espoused, and the members of which he honored with office. Measures beneficial to the country, were indeed adopted during his administration; but it is also true that, through his exercise of the veto power beyond all former precedent, other measures of no less importance in the view of his former friends, and which had been perfected at the expense of much time and labor, were frustrated. In short, during nearly the whole of his administration, Mr. Tyler went counter, in the opinion of his friends, to those principles which he had avowed prior to, and early after, his accession to the presidency. And in so doing, he sadly disappointed his early political friends and associates, while he secured to himself, it is well known, neither the respect nor support of the democratic party.

ADMINISTRATION OF JAMES K. POLK.

On the 4th of March, 1845, James K. Polk was duly inaugurated as President of the United States. The ceremonies at the Capitol on the occasion were witnessed by a large concourse of citizens, both from the vicinity and a distance. As is usual, the President elect, on taking the oath of office, delivered an address explanatory of his political sentiments, or those fundamental principles, by which he designed to administer the government during his presidential term.

After expressing his thanks to his countrymen for the unsolicited confidence reposed in him, and invoking the aid of the Almighty Ruler of the universe, he said: “It will be my first care to administer the government in the true spirit of the constitution, and to assume no powers not expressly granted or clearly implied in its terms.” It would also be his aim to see that the general government did not trench on the rights of the states, nor the states overstep the limits of power reserved to them. He should steadily aim to perpetuate the blessings enjoyed under the constitution, and especially to preserve the Federal Union in its integrity, and in all that pertains to its honor and prosperity. He expressed himself opposed, to a national bank, and all other extraneous institutions planted around the government to control or strengthen it, in opposition to the will of its authors. In respect to the expenditure of the public money, he should feel it to be his duty to recommend the strictest economy compatible with the public interest. In regard to the adjustment of our revenue laws, and the levying of taxes necessary to the support of the government, he considered it a cardinal principle, that no more money should be collected than the necessities of an economical administration required. He was in favor of a tariff for revenue, and such as would afford incidental protection to our home industry, but was opposed to a tariff for protection merely. He was in favor of the annexation of Texas, and congratulated the country that measures were in progress for her reunion. In respect to Oregon, he claimed our title to it to be “clear and unquestionable.” In the management of foreign relations, he would aim to preserve a careful respect for the rights of other nations, while our own would be the subject of constant watchfulness. Public officers would be held to a strict performance of their duties, especially those charged with the collection and disbursement of the public revenues. Although chosen by a party, in his official actions he would not be the President of a part only, but of the whole people of the United States. In conclusion he said, “I enter upon the discharge of the high duties which have been assigned me by the people, humbly supplicating that Divine Being, who has watched over and protected our beloved country from its infancy to the present hour, to continue his gracious benedictions upon us, that we may continue a prosperous and happy people.”

The President immediately after his induction into office, proceeded to the formation of his cabinet. The new senate being in session, he nominated James Buchanan, of Pennsylvania, as secretary of state; Robert J. Walker, of Mississippi, secretary of the treasury; William L. Marcy, of New York, secretary of war; George Bancroft, of Massachusetts, secretary of the navy; Cave Johnson, of Tennessee, postmaster-general, and John Y. Mason, of Virginia, attorney-general.

On the evening of the 8th of June, an event occurred calculated to make a deep impression upon the whole people of the United States. This was the death of General Jackson, who breathed his last, at his residence at the Hermitage, Tennessee, in the 79th year of his age. His funeral solemnities took place on Tuesday, the 10th, the Rev. Dr. Edgar preaching a most impressive and eloquent sermon on the occasion. After the religious services were ended, the body was conveyed to the vault prepared many years since for its reception. Several thousands of persons were present at the solemn ceremonies, which were closed by the discharge of three volleys over the grave.

We have elsewhere spoken of General Jackson in respect to his military and political character. That he was “a soldier of dauntless courage, vigor, and perseverance, an officer of skill and sagacity, of quickness of perception, and of prompt and resolute execution of his purpose, there is, probably, and hereafter there will probably, be no division of opinion, either at home or abroad. That he was sometimes stern and severe, too stern and severe, none can doubt; nor will it be questioned probably, that while in general he sought to distinguish himself by exalting the character and honor of his country, he was not unfrequently rash, and too obstinately bent on pursuing his plans and purposes to their end, in despite of the opinion and advice of his political friends and associates.”

To all, however, whatever estimates they may have formed of the excellence or defects of his administration, it must be pleasant to learn that the closing days of his life were devoted, according to statements made to the public, to a wise preparation for that eternity to which he was hastening. He claimed to rest his hopes for acceptance with God, on the merits of Jesus Christ. His final interview with his family was deeply tender and impressive. He took leave of each one with great deliberation, and in a manner most kind and affectionate. He took leave with similar tenderness of his servants, who had collected in his room, or at the windows, and in conclusion he expressed the hope, that he should meet them all again in a world of glory.

The solemn event was every where received with due sensibility, and its announcement followed by appropriate demonstrations of respect to the memory of the departed. The President of the United States issued his public order, directing suitable demonstrations of public sorrow and sympathy to be made at the several naval and military stations of the country. With great propriety did that public order conclude by saying, “Let the virtues of the illustrious dead retain their influence, and when energy and courage are called to trial, emulate his example.”

The first session of the 29th congress commenced December 1st, 1845. The Hon. John W. Davis, of Indiana, was elected speaker of the house of representatives.

On the following day, the President transmitted his message to both houses of congress. The principal topics of public interest contained in the message related to Texas—to Oregon—to our relations with Mexico—to the public lands—and to the sub-treasury.

In regard to Texas, the President informed congress, that the terms of annexation which were offered by the United States to that government, by the joint resolution of the last congress, had been accepted by Texas, and that nothing, therefore, remained to consummate that annexation, but the passage of an act by congress, to admit the state of Texas into the Union, upon an equal footing with the original states. “Strong reasons exist,” he observed, “why this should be done at an early period of the session. By the constitution of Texas, the existing government is continued only till congress can act; and the third Monday of the present month is the day appointed for holding the first general election. I cannot,” added the Executive, “too earnestly recommend prompt action on this important subject.”

The President next spoke of our relations with Mexico, “which,” he observed, “have not since the last session been of the most amicable character. On the 6th of March, the Mexican envoy extraordinary and minister plenipotentiary to the United States, made a formal protest against the annexation of Texas; in which he regarded that annexation as a violation of the rights of Mexico, and in consequence of it, he had demanded his passports. Thus, by the act of Mexico, all diplomatic intercourse between the two countries had been suspended.” Nor was this all. The belligerent conduct of Mexico had rendered it necessary, in the opinion of the President, to take measures to protect and defend Texas against her menaced attack. “I deemed it proper, therefore,” observed the President, “as a precautionary measure, to order a strong squadron to the coast of Mexico, and to concentrate a sufficient military force on the western frontier of Texas. Our army was ordered to take position in the country between the Neuces and the Del Norte, and to repel any invasion of the Texan territory which might be attempted by the Mexican forces. Our squadron in the Gulf was ordered to co-operate with the army.” Up to the date of the message, however, Mexico had made no aggressive movement, nor had the American forces, on their part, committed any act of hostility. Such was the position of our affairs with Mexico on the opening of the session of congress.

The President next adverted to the subject of the Oregon territory. Previous to his induction to office, three several attempts had been made to settle the questions in dispute about Oregon between the two countries by negotiation, upon the principle of compromise, each of which, however, had proved unsuccessful.

These negotiations look place at London, in the years 1818, 1824, and 1826: the first two under the administration of Mr. Monroe, the last under that of Mr. Adams. The negotiations of 1818 having failed to accomplish its object, resulted in the convention of the 20th of October of that year. By the third article of that convention, it was “agreed that any country that may be claimed by either party, on the north-west coast of America, westward of the Stony mountains, shall, together with its harbors, bays, and creeks, and the navigation of all rivers within the same, be free and open for the term of ten years from the date of the signature of the present convention, to the vessels, citizens, and subjects of the two Powers; it being well understood that this agreement is not to be construed to the prejudice of any claim which either of the two high contracting parties may have to any part of the said country, nor shall it be taken to affect the claims of any other Power or State to any part of said country; the only object of the high contracting parties in that respect, being to prevent disputes and differences among themselves.”

The negotiation of 1824 was productive of no result, and the convention of 1818 was left unchanged.

The negotiation of 1826 having also failed to effect an adjustment by compromise, resulted in the convention of August the 6th, 1827, by which it was agreed to continue in force, for an indefinite period, the provisions of the third article of the convention of the 20th of October, 1818; and it was further provided, that it shall be competent, however, to either of the high contracting parties, in case either should think fit, at any time after the 20th of October, 1828, on giving due notice of twelve months to the other contracting party, to annul and abrogate this convention; and it shall, in such case, be accordingly entirely annulled and abrogated after the expiration of said term of notice.

From this time, for several years, the subject rested in quietness. At length, in October, 1843, the minister of the United States in London, made a similar offer to those of 1818 and 1826. Thus stood the question when the negotiation was transferred to Washington. On the 26th of August, 1844, the British plenipotentiary offered to divide the Oregon territory by the 49th parallel of north latitude, leaving the free navigation of the Columbia river to be enjoyed in common by both parties. This proposition was rejected by the American plenipotentiary on the day it was submitted. The British plenipotentiary next, in turn, requested that a proposal should be made by the United States, for an equitable adjustment of the question.

Such was the state of the negotiation on the accession of Mr. Polk to the presidency. “Anxious to settle this long pending controversy, I was induced,” he observed, “to make a further proposition, which was a repetition of the offer of the parallel for 49 degrees of north latitude, without the free navigation of the Columbia river. This proposition was rejected by the British plenipotentiary, and here all negotiation ceased.”

Such was the state of this important and delicate question on the meeting of congress. Attempts at compromise had failed. Great anxiety was beginning to be felt by statesmen on both side the waters in relation to this subject. More and more sensitiveness was prevailing, in reference to the claims of the respective parties. The President, under a belief that the question should be settled, advised that the year’s notice, required by the convention of the 6th of August, 1827, should be given to Great Britain.

“By so doing, at the expiration of a year, we shall have reached a period,” said the President, “when our national rights in Oregon must either be abandoned, or firmly maintained.”

In regard to the tariff, the message was explicit. The President reaffirmed doctrines, which, before his elevation to the Executive chair, he was known to profess in regard to the protective system. He was against it—against the tariff act of 1842—a revision and modification of which he strongly recommended.

In respect to the public domain, the President proposed to reduce the price to one dollar per acre, and to graduate the price to lower rates upon such portions as should remain for any considerable time unsold. Next, he adverted to the safe keeping of the public money. “Entertaining the opinion,” said he, “that the separation of the moneys of the government from banking institutions is indispensable for the safety of the funds of the government, and the rights of the people, I recommend to congress that provision be made by law for such separation, and that a constitutional treasury be created for the safe keeping of the public money. The constitutional treasury recommended is designed as a secure depository for the public money, without any power to make loans or discounts, or to issue any paper whatever, as a currency or circulation. I cannot doubt that such a treasury as was contemplated by the constitution, should be independent of all banking corporations.”

Such were the views of the Executive in regard to these great questions of national policy. Great differences of opinion existed among the American people in relation to several of them. It was foreseen that the public discussion of them would intensely excite the nation, and great apprehensions were entertained lest hostilities should grow out of the question pending between the United States and Great Britain. A war with Mexico at even an earlier day had been predicted, and the message of the President was not calculated to allay anxiety respecting it.

Indeed, this anxiety was destined to be increased by the course adopted by certain political leaders in congress. As early as the 9th of December, General Cass introduced into the senate the following resolutions:

“Resolved, That the committee on military affairs be instructed to inquire into the condition of the national fortifications, and of their armaments; and whether other defensive works are necessary; and into the condition and quantity of the military supplies; and into the state of the means possessed by the government for the defence of the country.

“Resolved, That the committee on the militia be instructed to inquire into the present condition of that great branch of the public service; and into the state of the militia laws; and that they be further instructed to report such changes in the existing system, as will give more experience and efficacy to that arm of defence, and will place it in the best condition for protecting the country, should it be exposed to foreign invasion.

“Resolved, That the committee on naval affairs be instructed to inquire into the condition of the navy of the United States, and into the quantity and condition of supplies now on hand; and whether an increase of them is not necessary to the efficient operation of the navy, and to its preservation and augmentation; and, generally, into its capacity for defending our coasts and our commerce; and for any service the exigencies of the country may probably require.”

The belligerent aspect of these resolutions was not to be mistaken; and, at length, when taken up for consideration, the mover of them, while he disclaimed any wish to hasten hostilities between Great Britain and America, expressed his conviction that a crisis was approaching.

The United States would not and could not relinquish her claim upon Oregon. “Shall we recede?” he inquired. “No, sir, as to receding it is not to be thought of for a moment. It is a thing I allude to, only to denounce it. War,” he added, “was a great calamity, and should if possible be avoided: but there were other calamities more to be dreaded than war, and among those calamities was national dishonor.”

To these resolutions, thus introduced, it was replied, that there could be nothing urged by way of objection in themselves considered. It was right to inquire into the state of our national defence, and to provide against the possible contingency of war; but it was the remarks of the mover of them which gave them their peculiar significance. They were in effect a declaration of war. They would be so considered, and would awaken the anxieties of the entire country. They might also seriously interfere with and retard the settlement of a question of vast moment pending between the United States and Great Britain. After a full consideration of these resolutions, however, and suitable explanations on both sides, the resolutions were unanimously referred to the committee on military affairs.

In accordance with the recommendation of Mr. Polk, at an early day of the session, joint resolutions for the admission of the state of Texas into the Union were introduced into the house of representatives. These resolutions with a preamble were as follows.

“Joint resolutions for the admission of the state of Texas into the Union.

“Whereas the congress of the United States, by a ‘joint resolution,’ approved March the 1st, 1846, did consent, that the territory properly included within, and rightfully belonging to, the republic of Texas, might be erected into a new state, to be called the state of Texas, with a republican form of government, to be adopted by the people of said republic by deputies in convention assembled, with the consent of the existing government, in order that the same might be admitted as one of the states of the Union; which consent of congress was given upon certain conditions specified in the 1st and 2d sections of said joint resolutions: and whereas the people of the said republic of Texas, by deputies in convention assembled, with the consent of the existing government, did adopt a constitution, and erect a new state, with a republican form of government, and in the name of the people of Texas, and by their authority, did ordain and declare, that they assented to and accepted the proposals, conditions, and guaranties contained in said 1st and 2d sections of said resolutions: and whereas the said constitution, with the proper evidence of its adoption by the people of the republic of Texas, has been transmitted to the President of the United States, and laid before congress, in conformity to the provisions of said joint resolutions; Therefore

“Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the state of Texas shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original states in all respects whatever.

“Be it further enacted, That until the representatives in congress shall be apportioned, according to an actual enumeration of the inhabitants of the United States, the state of Texas shall be entitled to choose two representatives.”

It was scarcely within the reasonable hopes of the opposers of the annexation of Texas, that after the adoption of the measures, with that object in view, by the preceding congress, the present congress would do any thing by which to prevent her admission into the Union. A few, perhaps, indulged the belief, that further proceedings might be stayed; and with that object in view, petitions and remonstrances were sent in from various parts of the Union. The President had, indeed, in his message congratulated congress and the nation that “this accession (of Texas) to our territory had been a bloodless achievement. No arm of force had been raised to produce the result. The sword has had no part in the victory. We have not sought to extend our territorial possessions by conquest, or our republican institutions over a reluctant people.” This was admitted by the opposite party, but they predicted war as a consequence, and this danger of a collision with Mexico they would have avoided, by preventing the admission of Texas. Besides, the extension of slavery was more distressing to many in all quarters of the Union; and, moreover, it was urged that it was of dangerous tendency and doubtful consequences to enlarge the boundaries of this government or territory over which our laws are now established. “There must be some limit,” said a wise and aged statesman, “to the extent of our territory if we would make our institutions permanent.”

The opposers of annexation, in various parts of the country, were anticipating a warm and exciting debate on the subject in congress, and members of that body, who represented this party, were themselves, it is believed, prepared to present strong, and to themselves, satisfactory reasons, why the project should be abandoned. But to the surprise of all, when the subject came up for consideration, discussion was prevented by an early movement of the previous question. To such a summary process strong remonstrances were made; but to the friends of the measure in congress, who believed the most valuable benefits would result to the Union by its consummation, debate seemed needless; and, consequently, the resolutions were urged to a speedy adoption. On the 16th of December, the question was taken, and the resolutions were adopted by a majority of 141 to 56. A few days after they received the sanction of the senate. In this latter body, however, an opportunity was given for the opposers of annexation to urge their objections. This was done with great dignity; but a majority in the senate, as in the house, if not in the country, were found in favour of the measure.

Thus by a novel, and to many an unconstitutional process, was Texas admitted into the Union, and “without any intermediate time of probation, such as other territories had undergone before their admission, she was vested with a right to send two representatives to congress, while her population was insufficient to entitle her to one, except, under the specific provision of the constitution, that each state shall have at least one representative.”

As early as October, 1845, an inquiry had been made by order of the President, of the Mexican minister for foreign affairs, whether his government “would receive an envoy from the United States, intrusted with full powers to adjust all questions in dispute between the two governments.” During the same month, an affirmative answer having been received; in November, the Hon. John Slidell, of Louisiana, was commissioned as such, and on the 30th of the same month arrived at Vera Cruz. The government of Mexico, notwithstanding its pledge, refused to receive him in the diplomatic character to which he had been appointed; and, after spending some time in the country, he returned to the United States.

The military force, which the President in his annual message informed congress he had ordered to take a position “between the Neuces and the Del Norte,” was for some months concentrated under General Taylor at Corpus Christi: but, on learning the probable refusal of the Mexican government to receive our envoy; and moreover, Texas having by her act of a previous date, declared the Rio del Norte to be her boundary, the President, in January, directed General Taylor to remove from Corpus Christi, and to concentrate his troops on the left bank of the Del Norte. At the same time all aggressive acts were strictly forbidden.

Accordingly, on the 11th of March the troops were put in motion, and on the 28th of that month arrived on the left bank of the Del Norte, opposite to Matamoras. About the same time a depôt was established at Point Isabel, near the Brasos Santiago, thirty miles in the rear of the encampment.

These measures, adopted by the President, by which the American troops passed the Neuces, the boundary claimed by Mexico, was considered by a large portion of the people of the United States as impolitic, if not unjust; and strongly tending to strengthen the misunderstanding already existing between the two governments. At least, the territory thus occupied was a subject of dispute, and by many its occupation was deemed a belligerent act.

It was naturally so considered by Ampudia, who was commanding the Mexican forces at Matamoras, and who notified the American general to break up his camp within twenty four hours, and retire beyond the Neuces. On the 24th of April, General Arista superseded Ampudia in command, and forthwith communicated to General Taylor, that “he considered hostilities commenced, and should prosecute them.” On the same day, a party of dragoons of sixty-three men and officers from the American camp, who had been despatched up the Del Norte to reconnoitre, were attacked by a body of Mexican troops. Sixteen were killed and wounded, and the remainder taken prisoners.

For a time following the occupation of the left bank of the Del Norte, the situation of the American army was considered exceedingly critical. In point of numbers, it fell far short of the Mexican force under General Arista, and supplies of food were difficult to be obtained. In this situation, General Taylor availed himself of authority given him by the President to call upon the governor of Texas for four regiments of state troops, and on the governor of Louisiana for four regiments, to be sent him as soon as practicable. These eight regiments were expected to make a force of nearly 5000 men, and were, in the opinion of General Taylor, sufficient: but General Gaines, having command in the southern department, under an apprehension that a much larger force would be necessary, made requisitions upon several of the governors of the southern states for a large volunteer force. In consequence of this call, a large force was ultimately concentrated under General Taylor—more than was deemed needful, and they were dismissed, while General Gaines, though considered patriotic in his measures, was adjudged to have transcended his authority.

Before, however, any of the above troops had reached the camp of General Taylor, his situation had become alarming. His provisions were nearly exhausted. The Mexicans were surrounding him, and his communication with Point Isabel was liable to be interrupted. At length, leaving a garrison of 700 or 800 men at his works opposite Matamoras, he set out with his other forces on Friday, the 1st of May, for Point Isabel to give protection to that place, and re-establish his communication with his supplies.

This movement upon Point Isabel was effected, without encountering a single Mexican. In place of molesting General Taylor, the enemy concentrated his forces about the camp which he had just left. On the morning of the 3d, the American works were attacked by the Mexican batteries from the opposite side of the river, while a detachment of their forces made a simultaneous attack on this side of the Rio Grande, in the rear. The Americans returned the fire with so much effect as to silence, in a short time, the Mexican batteries, while the attack in the rear was still more easily repulsed. The Americans lost but a single man. The Mexican loss was considerable. Matamoras itself suffered considerably.

On the 7th General Taylor commenced his return to his camp. He anticipated opposition, but little did anyone apprehend such attacks and such victories as the Americans won.

On the 8th, the Mexican forces had reached Palo Alto, with an intention to intercept the American general, and if practicable to prevent his return to his camp. The two armies met, and for five hours such a battle raged as the annals of history seldom record. The Mexican force exceeded 5000 men, with seven pieces of artillery and 800 cavalry. The American troops were 2300, with but two eighteen pounders and two light batteries. The loss of the Americans was comparatively trifling. Two brave officers were severely wounded. Major Ringgold and Captain Page, the former of whom soon after died. The loss of the Mexicans, according to the official report of General Arista, was, in killed, 98—wounded and missing, 142. The American army encamped on the field.

On the following day, General Taylor again moved with his forces towards his camp opposite Matamoras; and, on reaching Resaca de la Palma, a few miles only from his destination, he again encountered the enemy, and a battle, shorter in its continuance, but far more severe, ensued. The Americans were still more triumphant, capturing eight pieces of artillery, with a large quantity of ammunition; three standards, and several hundred prisoners, among whom was General La Vega. The loss of the Americans in this action exceeded that of the preceding day. According to the report of General Taylor in both actions there were 3 officers and 40 men killed, and 13 officers and 400 men wounded. General Arista reported as killed, officers and men, 154; wounded, 205, and missing, 156; making a total of 515.

“The glory of the American arms,” says a writer, “never shone brighter than in the brilliant contest of Palo Alto of the 8th, and in the even more brilliant contest of Resaca de la Palma of the 9th of May. On both days our soldiers

“‘Fought like brave men, long and well.’

“They fought at great odds, with a foe superior in numbers, and in a position which the enemy had selected. But these only gave opportunities for more striking displays of personal valor. These disadvantages only served to show the decided superior power of the American arms.”

It was the wish of the American general to follow up the advantage thus obtained, but having no adequate means of crossing the river, he was obliged to content himself with the victories he had won. The American force once more took up its quarters at the camp opposite Matamoras, while the Mexican general retreated up higher into the country.

While affairs were thus progressing in the south between the two contending armies, an intense interest was kindling up in every part of the United States—and while, with but few exceptions, the people regretted the occurrence of any misunderstanding with Mexico, a general sympathy was felt for the American army (intelligence had not yet been received of the battles of the 8th and 9th,) environed as it was supposed to be by a superior force, and nearly destitute of supplies. In this state of things, a bill for “an act providing for the prosecution of the existing war, &c., was introduced into congress, the preamble to which was as follows. “Whereas, by the act of the republic of Mexico, a state of war exists between that government and the United States,” &c. To this preamble strong objections were expressed by some, but the bill, nevertheless passed both houses by large majorities. By this act, the President was authorized to employ the militia, naval, and military forces of the United States, and to call for, and accept the services of any number of volunteers not exceeding 50,000, either cavalry, artillery, infantry, or riflemen, &c. Besides the above, the regular army was increased several thousand, the enlistments being made for five years.

On the day the foregoing act was approved, the President issued his proclamation announcing the existence of war, “by the act of the republic of Mexico,” and calling upon the “good people of the United States to exert themselves in preserving order, and in maintaining the authority of the laws, and in supporting such measures as might be adopted for obtaining a speedy, a just, and an honorable peace.”

The winter had been spent by congress in the discussion of topics of great national interest, among which the most prominent related to Oregon; and particularly to the question arising out of the recommendation of the President in his annual message, whether the convention of August 6th, 1827, between the United States and Great Britain, in relation to the joint occupation of that territory, should be abrogated by giving to the latter government the year’s notice required by said convention.

Since the formation of the government, no question perhaps excited greater interest, or elicited warmer discussion than this. By not a few it was apprehended that the practical effect of such notice would be a war between the two governments. The debate took a wide range, and several were the modes suggested, or the resolutions offered, according to the terms of which the notice should be given. But, at length, on the 16th of April, the question was taken in the senate on a resolution, which had originated in the house and been amended in the senate, to give said notice, and decided in the affirmative by a majority of 40 to 14. On being returned to the house, the latter agreed to the senate’s amendments, but added still further amendments. These latter, however, were negatived by the senate, and the house insisting, a conference was solicited by the latter. This being accepted by the senate, a committee of conference was appointed, who reported the following preamble and resolution, which passed the senate by a vote of 42 to 10, and the house by a vote of 142 to 46.

“A Joint Resolution concerning the Oregon territory.—Whereas, by the convention concluded the twentieth day of October, eighteen hundred and eighteen, between the United States of America and the King of the United Kingdom of Great Britain and Ireland, for the period of ten years, and afterwards indefinitely extended and continued in force by another convention of the same parties, concluded the sixth day of August, in the year of our Lord one thousand eight hundred and twenty-seven, it was agreed that any country that may be claimed by either party on the north-west coast of America westward of the Stony or Rocky mountains, now commonly called the Oregon territory, should, together with its harbors, bays, and creeks, and the navigation of all rivers within the same, be “free and open” to the vessels, citizens, and subjects of the two powers, but without prejudice to any claim which either of the parties might have to any part of said country; and with this further provision, in the second article of the said convention of the sixth of August, eighteen hundred and twenty-seven, that either party might abrogate and annul said convention, or give due notice of twelve months to the other contracting party—

“And whereas it has now become desirable that the respective claims of the United States and Great Britain should be definitely settled, and that said territory may no longer than need be remain subject to the evil consequences of the divided allegiance of its American and British population, and of the confusion and conflict of national jurisdictions, dangerous to the cherished peace and good understanding of the two countries—

“With a view, therefore, that steps be taken for the abrogation of the said convention of the sixth of August, eighteen hundred and twenty seven, in the mode prescribed in its second article, and that the attention of the governments of both countries may be the more earnestly and immediately directed to the adoption of all proper measures for a speedy and amicable adjustment of the difficulties and disputes in respect to said territory—

“Resolved by the Senate and House of Representatives of the United States, in Congress assembled, That the President of the United States be, and he is hereby authorized, at his discretion, to give the British government the notice required by its said second article for the abrogation of the said convention of the sixth of August, eighteen hundred and twenty-seven.”

Thus was decided a question which had greatly agitated the entire country, and which, in the progress of discussion, had occasioned observations and reflections strongly calculated to disturb the harmony of the two governments, and which, in the opinion of some, were designed to produce such an effect. But the folly and guilt of engendering war between two nations so allied, and in which Christian principle was bound to hold sway, was, on several occasions, and by some of the principal men of the nation, pointed out. Solemn warning was given to those, who would madly have rushed to arms by setting up claims of doubtful validity, and which, it was well known, would never be acceded to by the British government. But, at length, the troubled waters grew calmer; and, while to a small portion of congress and of the nation, the resolutions adopted were still obnoxious, a vast majority of the people were gratified at their mild and conciliatory tenor.

It still remained to be known in what spirit this resolution would be received by her majesty’s government: but it was devoutly desired that it might lead to a final and harmonious settlement of all questions pertaining to the territory of Oregon.

And so it resulted fortunately, for the peace of the two powers immediately concerned, and to the peace of the continental powers of Europe.

On the 28th of April, the President gave official notice to her Majesty, Queen Victoria, that “the convention of August 6th, 1827, would terminate at the end of twelve months from and after the delivery of these presents.”

Before the delivery of this notice, however, the subject of an amicable settlement of all questions relating to Oregon, had occupied her Majesty’s government, and, on the 18th of May, Mr. M’Lane, our minister, informed Mr. Buchanan that the British minister at Washington would soon receive instructions to submit a new and further proposition, on the part of the British government, for a partition of the territory in dispute.

On the 10th of June, the President made a special and confidential communication to the senate, informing that body, that such a proposal had been made, and requesting their advice as to the action, which, in their judgment, it was proper to take in reference to it. At the same time he reiterated the views which he had expressed in his annual message, “that no compromise which the United States ought to accept, could be affected;” “that our title to the whole of Oregon” was maintained “by irrefragable facts and arguments,” and that the claim “could not be abandoned without a sacrifice of both national honor and interests.” Such was the tenor of the President’s communication. But he solicited advice.

On the 12th, the senate adopted, 38 to 12, the following resolution. “Resolved, (two-thirds of the senate concurring,) That the President of the United States be and he is hereby advised to accept the proposal of the British government accompanying his message to the senate, dated June 10th, 1846, for a convention to settle boundaries, &c., between the United States and Great Britain, west of the Rocky or Stony mountains.”

On the 16th of June, the President communicated to the senate a copy of a convention, or treaty, which had been concluded and signed on the 15th inst. settling boundaries, &c., in relation to Oregon—whereupon the senate by a vote of 41 to 14 advised and consented to the ratification of the same.

The two principal articles of this treaty are as follows.

“Art. 1, From the point on the 49th parallel of north latitude, where the boundary laid down in existing treaties and conventions between Great Britain and the United States terminates, the line of boundary between the territories of her Brittannic Majesty and those of the United States shall be continued westward along the 49th parallel of north latitude to the middle of the channel which separates the continent from Vancouver’s Island, and thence southerly through the middle of the said channel, and of Fuca’s Straits, to the Pacific Ocean; provided, however, that the navigation of the said channel and straits, south of the 49th parallel of north latitude, remain free and open to both parties.

“Art. 2, From the point at which the 49th parallel of north latitude shall be found to intersect the great Northern branch of the Columbia river, the navigation of the said branch shall be free, and open to the Hudson’s Bay Company, and to all British subjects trading with the same, to the point where the said branch meets the main stream of the Columbia, and thence down the said main stream to the ocean, with free access into and through the said river or rivers—it being understood that all the usual portages along the line thus described, shall in like manner be free and open. In navigating the said river or rivers, British subjects, with their goods and produce, shall be treated on the same footing as citizens of the United States—It being, however, always understood, that nothing in this article shall be construed as preventing, or intended to prevent, the government of the United States from making any regulations respecting the navigation of the said river or rivers, not inconsistent with the present treaty.”

Thus was finally settled (ratifications being afterwards duly exchanged) a question which had involved the two governments in discussions long and wearisome for a series of years, and which, in its progress, was threatening the peace and amity of the two nations. The treaty thus confirmed was not in all its provisions quite acceptable, nor was it considered the most advantageous that could have been negotiated; but the senate received, as it was entitled to, the thanks of the country for terminating a controversy fraught with dangers every month that it continued.

Several important bills were passed during the session, among which was a bill to protect the rights of citizens of the United States residing in Oregon—a bill for the establishment of the Smithsonian Institute, for the Increase and Diffusion of Knowledge among men—a bill re-establishing the sub-treasury—a warehousing bill—a bill for the improvement of certain rivers and harbors within the United States—and a bill to indemnify citizens of the United States for French spoilations. The two last of these bills, to the great regret of persons interested therein, as well as many others who desired to see the intents of navigation advanced and protected, and that numerous class of citizens indemnified for losses which they had years since sustained by reason of French depredations, and which, according to agreement, the government of the United States were solemnly bound to pay, were vetoed. Loud complaints were uttered against the President for his course pursued in relation to these bills, which had been discussed with signal ability, and had received the decided sanction of both houses of congress.

Towards the close of the session, a bill for the reduction of the duties on the importation of foreign goods and manufactures, passed the house of representatives by a majority of nineteen votes. In the senate it was carried by the casting vote of the vice-president. To those who were satisfied with the tariff of 1842, the alterations proposed by this bill were strongly condemned. They predicted as a consequence, and one which could not be avoided, the ruin of several important branches of manufactures, while it was exceedingly doubtful whether the revenues arising under this new tariff would suffice for the wants of the government. The Democratic party, however, stood pledged to alter the tariff of 1842, and although the friends of protection for a time cherished hopes that the interests of the manufacturers, and as they believed, the interests of the country, would be regarded; those hopes were dispelled by the action of congress on the subject.

On the 10th of August, at noon, congress brought its long and stirring session to a close. It had lasted for 253 days, or more than two thirds of a year. During few sessions were there ever more important subjects under debate. The results of several measures adopted remain to be seen. But, while it is occasion of congratulation, that our difficulties with Great Britain have been amicably and timely adjusted, it is matter of serious regret, that a war should be continued with Mexico. The final result of this, in regard to Mexico, may, perhaps, not be problematical—but the “end is not yet;” and before that end is reached, the people of the United States may as much regret that it was commenced, as the Mexicans themselves. The American army is at this present time, September, 1846, on its way from Matamoras to Monterey and other points. Santa Anna has superseded Paredes in the government, but what are his wishes in regard to peace have not transpired. Should he decide for war, the Americans can “apparently conquer a peace” only by taking up their march to the “Halls of Montezuma.”