deprived of them by the removal of the Indians: and thus it is found that, while the agents specially employed by the government for this purpose, are engaged in persuading, by profuse distributions of money and presents, the Indians to emigrate, another set of government agents are operating, more secretly to be sure, but not with less effect, to prevent such emigration.

"If the project of colonization be a wise one, and of this I believe no one entertains a doubt, why not shape all our laws and treaties to the attainment of that object, and impart to them an efficacy which will be sure to effect it? Let such of the emigrating Indians as choose, continue, as heretofore, to devote themselves to the chase, in a country where their toils will be amply rewarded. Let those, who are willing to cultivate the arts of civilization, be formed into a colony, consisting of distinct tribes or communities, but placed contiguous to each other, and connected by general laws which shall reach the whole. Let the lands be apportioned among families and individuals in severalty, to be held by the same tenures by which we hold ours; with, perhaps, some temporary and wholesome restraints on the power of alienation. Assist them in forming and administering a code of laws adapted to a state of civilization.* Let the ten thousand dollars appropriation be applied, within the new colony exclusively, to the same objects for which it is now expended; and add to it, from time to time, so much of our other annual contribution, as can be thus applied, without a violation of the public faith." As to those Indians who refused to remove, the Secretary of War proposed, that portions of land occupied by them, and sufficient for them, should be set apart for their sole use; but that they should be subject to the municipal laws of the State in which they resided.

The question of a just and proper treatment of the Indian tribes in the United States; touching their occupancy and claims of large tracts of land, of which they made no use, except that of hunting, their frequent wars among themselves, and their liability to frauds or oppression from individuals-had often been presented to the federal rulers, and been the cause of much anxiety and difficulty. In

* A similar system was adopted, as to several tribes of Indians, in Massachusetts, at an early period; and was productive of good effects for some years; but the influence was not extensive nor lasting. The experiment served to confirm the opinion, which now generally prevails, that they cannot be civilized. They prefer a wandering, hunting, unsettled manner of life.

some parts of the United States, they claimed immense territories, which lay waste and without inhabitants, except that the hunter occasionally traversed them, or portions of them, in seeking for game.* It was therefore desirable to purchase these lands, for future settlement by citizens of the Union. And this was effected, to a great extent, on principles of fair and just contract. But as many of the tribes chose not to relinquish their lands, another difficulty arose, not so easily settled or removed. The State government, where they remained, claimed the jurisdiction and sovereignty of all persons within its limits; while the Indians refused obedience, in many instances, except to their own laws and customs. As an abstract question, the claims of the State governments seem well grounded; but in many cases, their treatment of the aboriginal inhabitants were improper and severe; and the measures adopted, in governing them, equally unwise and unjust.†

Their perfect and exclusive right to lands, used only for hunting, has always been denied or doubted, in so far as that the consent of the government has been deemed necessary to render the title valid by law, when an individual purchased their land. The tribes have not been allowed to sell their lands, in any State or colony, to individuals, without the sanction of the legislature. One reason for this was, indeed, to prevent all fraud or injustice towards the Indians; but on the consideration, also, that the grants of large tracts or territories from the princes of Europe, gave only a pre-emptive claim, and that the government of each colony had the jurisdiction and sovereignty within its territory or patent.

The number of Indians within the United States, at this time, was supposed to be upwards of 303,000. In the State of Georgia, 5,000,-in Alabama, 19,000,-in Mississippi, 23,000,-in Missouri, 5,000,-in Michigan, 9,000,in Illinois, 5,000,-in Arkansas, 7,000,-94,000 east of Rocky Mountains,20,000 east of Mississippi river, and north of Illinois, &c.

CHAPTER XIII.

Andrew Jackson elected President. His character as a Statesman. His Political Views. Promises Economy and Reform. Surrounded by flatterers, and under the influence of selfish Individuals. His professions of Impartiality, not fulfilled. Partial in his Appointments. Disposed to exercise too great Authority, under the plea of the Public Good, or of Executive Prerogative. His purpose to pay off Public Debt; and to pursue the Plan of his Predecessors. This system commended by President Monroe, and pursued by Mr. Adams. The Finances in a prosperous state when General Jackson was elected President. The pretence of extravagant Expenses by President Adams not well founded. Prejudices against Banks. Opposition to Bank of United States. Opposed to Internal Improvements.

The

ANDREW JACKSON, of Tennessee, succeeded Mr. Adams, as President of the United States, on the fourth of March, 1829. He was a candidate for that high office, four years before, when Mr. Adams was chosen by the Representatives, on whom the election devolved in 1825, as there was no choice by the electoral colleges in the States. political friends of General Jackson had not ceased in their efforts, from that time, to secure his election. He had some time held a high judicial office in Tennessee; and was also several years a member of the Senate of the United States; but he was most distinguished for military prowess. He was alike brave and intelligent, as a military commander; but was sometimes accused of rash and arbitrary conduct. He rendered the nation eminent service in defending New Orleans, when attacked by a large British army in December, 1814, and January following. When afterwards, he was governor of the territory of Florida, he conducted with much decision and energy; but was charged with some arbitrary acts, which could only be justified— if justified at all-by the exigencies which occurred; and which, in his opinion, required prompt and summary judgment. His friends claimed for him many high and honorable qualities; and few doubted his regard for the welfare and liberties of the country. A great defect in his character was his susceptibility to flattery; by which he was led to adopt measures not entirely consistent with political magnanimity, nor compatible with a due respect for consti

tutional principles, though without intention, it might be, to violate the letter or spirit of that sacred compact.

President Jackson assumed great powers, doubtful powers; and was, in some instances, arbitrary in his official conduct. For whenever a public officer exercises power not clearly given in the Constitution, he may be said to act arbitrarily. And nothing can justify one in such cases, except the most evident and urgent necessity, and when omission to act would injure or endanger the public good: for some temporary evil had better be endured, than great constitutional principles be disregarded, with the pretence of removing it.

In a military commander, there must be some discretionary power: but even in him, the power should be exercised with great caution, and is rarely justifiable, if contrary to or exceeding his legitimate authority, and the directions given him by the civil power. And undoubtedly the discretionary authority claimed by military officers are often abused, or unnecessarily exerted. But cases very seldom occur in a republic, where the powers and duties of an officer of the government are clearly defined, and where laws are as much a rule for him as for the people generally, in which the exercise of powers, not delegated, is necessary or justifiable. If a difficult question arises, its solution should be left to the legislative branches of the government, to the representatives of the people, and not hastily decided by the executive officer alone. It is sufficient for him to refer the case to the determination of Congress. President Jackson in some instances of his executive conduct was considered arbitrary, and as having assumed responsibility which did not belong even to his high station, and when an omission to act could not be justly charged against him as any dereliction of official duty, or as endangering the public welfare. It is unhappily the fact also, that when a man's passions and prejudices are enlisted in a cause, however patriotic his intentions, he is liable to err, and to exceed the authority given him by his constituents and the laws.

The assumption of power, not delegated to a public agent, is always dangerous: and it is a poor apology, in such a case, that the public good seemed to require it, or that he is only carrying out the wishes of the people. For what are the opinions and wishes of the majority, in a republic or democracy, where the people are liable to great and sudden excitement, and to erroneous opinions, from the intrigues and clamors of a few selfish men, cannot be

correctly known by one surrounded by a political party: and in acting from such considerations and representations, the measures adopted may be very improper and highly dangerous. But, in conforming to the constitution and the laws, there is no danger; certainly, there is no error in the officer or magistrate. Republics have thus often been destroyed, and have degenerated into arbitrary governments and absolute monarchies. If the constitution and the laws are not a rule, and of binding force, with men in power, there are no barriers against despotism; there is no security for liberty and equal rights.

Of the subjects long under discussion and negotiation with foreign nations, the most important, left unsettled by President Adams, were that of the commercial intercourse with great Britain, and that of demands on France for indemnity, on account of depredations on the commerce and navigation of the United States, during the revolutionary period of the French nation. Efforts had been making, for more than ten years, to obtain compensation for these losses, but the subject had not been finally and satisfactorily settled. And the restrictions, imposed by the British government, on the trade between that country, especially its colonial ports, and the United States, had not been removed.

In July, 1825, the former colonial policy was somewhat changed by the British administration; and efforts were made for supplying the West India islands, which had received various articles from the United States, from their possessions on the continent of America, from Canada, Nova Scotia, and New Brunswick. Trade was opened to and with all other nations, to which colonies belonged; so that the United States was excluded from the benefits which the nations of Europe might secure. There was another difficulty attending the subject. While the federal administration was considering in what way the United States could best avail itself of this measure of the British government, the latter, in July, 1826, passed an order excluding the vessels of the United States from their colonial ports. And in this state, the commercial relations of the two countries remained when President Adams retired from office.*

* Mr. Gallatin, envoy at the court of London, returned in 1827; and no other minister was appointed by Mr. Adams. In 1829, President Jackson appointed Mr. McLane, of Delaware, to the British court; Mr. Rives, of Virginia, to the court of France; and Mr. Van Ness, of Vermont, to Spain.