The Life of John Marshall Volume IV Part 65

[1414] _Ib._ 528-29

[1415] See Catterall, 235. For account of the fight for the Bank Bill see _ib._ chap. X.

[1416] Richardson, II, 580-82.

[1417] _Ib._ 582-83.

[1418] Richardson, II, 584.

[1419] Jackson's veto message was used with tremendous effect in the Presidential campaign of 1832. There cannot be the least doubt that the able politicians who managed Jackson's campaign and, indeed, shaped his Administration, designed that the message should be put to this use.

These politicians were William B. Lewis, Amos Kendall, Martin Van Buren, and Samuel Swartwout.

[1420] Richardson, II, 590-91.

[1421] Marshall to Story, Aug. 2, 1832, _Proceedings, Ma.s.s. Hist. Soc._ 2d Series, XIV, 349-51.

[1422] Richardson, II, 638. There was a spirited contest in the House over this bill. (See _Debates_, 22d Cong. 1st Sess. 2438-44, 3248-57, 3286.) It reached the President at the end of the session, so that he had only to refuse to sign it, in order to kill the measure.

[1423] In fact Jackson did send a message to Congress on December 6, 1832, explaining his reasons for having let the bill die. (Richardson, II, 638-39.)

[1424] Marshall to Story, Aug. 2, 1832, _Proceedings, Ma.s.s. Hist. Soc._ 2d Series, XIV, 350.

[1425] Marshall to Story, Dec. 3, 1834, _Proceedings, Ma.s.s. Hist. Soc._ 2d Series, XIV, 359.

The outspoken and irritable Kent expressed the conservatives' opinion of Jackson almost as forcibly as Ames stated their views of Jefferson: "I look upon Jackson as a detestable, ignorant, reckless, vain and malignant Tyrant.... This American Elective Monarchy frightens me. The Experiment, with its foundations laid on universal Suffrage and an unfettered and licentious Press is of too violent a nature for our excitable People. We have not in our large cities, if we have in our country, moral firmness enough to bear it. _It racks the machine too much._" (Kent to Story, April 11, 1834, Story MSS. Ma.s.s. Hist. Soc.) In this letter Kent perfectly states Marshall's convictions, which were shared by nearly every judge and lawyer in America who was not "in politics."

[1426] See _supra_, 420.

[1427] _Annals_, 18th Cong. 1st Sess. 2097.

[1428] _Annals_, 18th Cong. 1st Sess. 2163.

[1429] _Ib._ 2208.

[1430] _Debates_, 20th Cong. 1st Sess. 746.

[1431] _Ib._ 2431.

[1432] _Ib._ 2434.

[1433] _Ib._ 2435.

[1434] _Debates_, 20th Cong. 1st Sess. 2437.

[1435] This was the plan of George McDuffie. Calhoun approved it.

(Houston: _A Critical Study of Nullification in South Carolina_, 70-71.)

[1436] _Ib._

[1437] _Ib._ 75.

[1438] Calhoun's "Exposition" was reported by a special committee of the South Carolina House of Representatives on December 19, 1828. It was not adopted, however, but was printed, and is included in _Statutes at Large of South Carolina_, edited by Thomas Cooper, I, 247-73.

[1439] Jefferson to Giles, Dec. 26, 1825, _Works_: Ford, XII, 425-26.

[1440] Niles, XXV, 48.

[1441] See Phillips: _Georgia and State Rights_, in _Annual Report, Am.

Hist. a.s.s'n_ (1901), II, 71.

[1442] Resolution of Dec. 27, 1827, _Laws of Georgia, 1827_, 249; and see Phillips, 72.

[1443] Act of Dec. 20, _Laws of Georgia, 1828_, 88-89.

[1444] Parton: _Jackson_, III, 272.

[1445] Phillips, 72.

[1446] Act of Dec. 22, _Laws of Georgia, 1830_, 114-17.

[1447] Act of Dec. 23, _ib._ 118; Dec. 21, _ib._ 127-43; Dec. 22, _ib._ 145-46

[1448] Wirt to Carr, June 21, 1830, Kennedy, II, 292-93.

[1449] See _Debates_, 21st Cong. 1st Sess. 309-57, 359-67, 374-77, 994-1133. For the text of this bill as it pa.s.sed the House see _ib._ 1135-36. It became a law May 28, 1830. (_U.S. Statutes at Large_, IV, 411.) For an excellent account of the execution of this measure see Abel: _The History of the Events Resulting in Indian Consolidation West of the Mississippi River, Annual Report, Am. Hist. a.s.s'n_, 1906, I, 381-407. This essay, by Dr. Anne Heloise Abel, is an exhaustive and accurate treatment of the origin, development, and execution of the policy pursued by the National and State Governments toward the Indians.

Dr. Abel attaches a complete bibliography and index to her brochure.

[1450] 5 Peters, 1.

[1451] Marshall to Carr, 1830, Kennedy, II, 296-97.

As a young man Marshall had thought so highly of Indians that he supported Patrick Henry's plan for white amalgamation with them. (See vol. I, 241, of this work.) Yet he did not think our general policy toward the Indians had been unwise. They were, he wrote Story, "a fierce and dangerous enemy whose love of war made them sometimes the aggressors, whose numbers and habits made them formidable, and whose cruel system of warfare seemed to justify every endeavour to remove them to a distance from civilized settlements. It was not until after the adoption of our present government that respect for our own safety permitted us to give full indulgence to those principles of humanity and justice which ought always to govern our conduct towards the aborigines when this course can be pursued without exposing ourselves to the most afflicting calamities. That time, however, is unquestionably arrived, and every oppression now exercised on a helpless people depending on our magnanimity and justice for the preservation of their existence impresses a deep stain on the American character. I often think with indignation on our disreputable conduct (as I think) in the affair of the Creeks of Georgia." (Marshall to Story, Oct. 29, 1829, _Proceedings, Ma.s.s. Hist. Soc._ 2d Series, XIV, 337-38.)

[1452] Niles, x.x.xIX, 338.

[1453] _Ib._ 353.

[1454] _Memoirs, J. Q. A._: Adams, VIII, 262-63.

[1455] The argument for the Cherokee Nation was made March 12 and 14, 1831.

[1456] 5 Peters, 15.

[1457] 5 Peters, 16-17.

[1458] _Ib._ 17-18.

[1459] 5 Peters, 20. Justice Smith Thompson dissented in an opinion of immense power in which Story concurred. These two Justices maintained that in legal controversies, such as that between the Cherokees and Georgia, the Indian tribe must be treated as a foreign nation. (_Ib._ 50-80.)