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Daniel Webster

In the spring of 1839 there was talk of sending Mr. Webster to London as commissioner to settle the boundary disputes, but it came to nothing, and in the following summer he went to England in his private capacity accompanied by his family. The visit was in every way successful. It brought rest and change as well as pleasure, and was full of interest. Mr. Webster was very well received, much attention was paid him, and much admiration shown for him. He commanded all this, not only by his appearance, his reputation, and his intellectual force, but still more by the fact that he was thoroughly and genuinely American in thought, feeling, and manner.

He reached New York on his return at the end of December, and was there met by the news of General Harrison's nomination by the Whigs. In the previous year it had seemed as if, with Clay out of the way by the defeat of 1832, and Harrison by that of 1836, the great prize must fall to Mr. Webster. His name was brought forward by the Whigs of Massachusetts, but it met with no response even in New England. It was the old story; Mr. Clay and his friends were cool, and the masses of the party did not desire Mr. Webster. The convention turned from the Massachusetts statesman and again nominated the old Western soldier.

Mr. Webster did not hesitate as to the course he should pursue upon his return. He had been reëlected to the Senate in January, 1839, and after the session closed in July, 1840, he threw himself into the campaign in support of Harrison. The people did not desire Mr. Webster to be their President, but there was no one whom they so much wished to hear. He was besieged from all parts of the country with invitations to speak, and he answered generously to the call thus made upon him.

On his way home from Washington, in March, 1837, more than three years before, he had made a speech at Niblo's Garden in New York,—the greatest purely political speech which he ever delivered. He then reviewed and arraigned with the greatest severity the history of Jackson's administration, abstaining in his characteristic way from all personal attack, but showing, as no one else could show, what had been done, and the results of the policy, which were developing as he had predicted. He also said that the worst was yet to come. The speech produced a profound impression. People were still reading it when the worst really came, and the great panic broke over the country. Mr. Webster had, in fact, struck the key-note of the coming campaign in the Niblo-Garden speech of 1837. In the summer of 1840 he spoke in Massachusetts, New York, Pennsylvania, and Virginia, and was almost continually upon the platform. The great feat of 1833-34, when he made sixty-four speeches in the Senate on the bank question, was now repeated under much more difficult conditions. In the first instance he was addressing a small and select body of trained listeners, all more or less familiar with the subject. In 1840 he was obliged to present these same topics, with all their infinite detail and inherent dryness, to vast popular audiences, but nevertheless he achieved a marvellous success. The chief points which he brought out were the condition of the currency, the need of government regulation, the responsibility of the Democrats, the miserable condition of the country, and the exact fulfillment of the prophecies he had made. The argument and the conclusion were alike irresistible, but Mr. Webster showed, in handling his subject, not only the variety, richness, and force which he had displayed in the Senate, but the capacity of presenting it in a way thoroughly adapted to the popular mind, and yet, at the same time, of preserving the impressive tone of a dignified statesman, without any degeneration into mere stump oratory. This wonderful series of speeches produced the greatest possible effect. They were heard by thousands and read by tens of thousands. They fell, of course, upon willing ears. The people, smarting under bankruptcy, poverty, and business depression, were wild for a change; but nothing did so much to swell the volume of public resentment against the policy of the ruling party as these speeches of Mr. Webster, which gave character and form to the whole movement. Jackson had sown the wind, and his unlucky successor was engaged in the agreeable task of reaping the proverbial crop. There was a political revolution. The Whigs swept the country by an immense majority, the great Democratic party was crushed to the earth, and the ignorant misgovernment of Andrew Jackson found at last its fit reward. General Harrison, as soon as he was elected, turned to the two great chiefs of his party to invite them to become the pillars of his administration. Mr. Clay declined any cabinet office, but Mr. Webster, after some hesitation, accepted the secretaryship of state. He resigned his seat in the Senate February 22, 1841, and on March 4 following took his place in the cabinet, and entered upon a new field of public service.

CHAPTER VIII.

SECRETARY OF STATE.—THE ASHBURTON TREATY

There is one feature in the history, or rather in the historic scenery of this period, which we are apt to overlook. The political questions, the debates, the eloquence of that day, give us no idea of the city in which the history was made, or of the life led by the men who figured in that history. Their speeches might have been delivered in any great centre of civilization, and in the midst of a brilliant and luxurious society. But the Washington of 1841, when Mr. Webster took the post which is officially the first in the society of the capital and of the country, was a very odd sort of place, and widely different from what it is to-day. It was not a village, neither was it a city. It had not grown, but had been created for a special purpose. A site had been arbitrarily selected, and a city laid out on the most magnificent scale. But there was no independent life, for the city was wholly official in its purposes and its existence. There were a few great public buildings, a few large private houses, a few hotels and boarding houses, and a large number of negro shanties. The general effect was of attempted splendor, which had resulted in slovenliness and straggling confusion. The streets were unpaved, dusty in summer, and deep with mud in winter, so that the mere difficulty of getting from place to place was a serious obstacle to general society. Cattle fed in the streets, and were milked by their owners on the sidewalk. There was a grotesque contrast between the stately capitol where momentous questions were eloquently discussed and such queerly primitive and rude surroundings. Few persons were able to entertain because few persons had suitable houses. Members of Congress usually clubbed together and took possession of a house, and these "messes," as they were called,—although without doubt very agreeable to their members,—did not offer a mode of life which was easily compatible with the demands of general society. Social enjoyments, therefore, were pursued under difficulties; and the city, although improving, was dreary enough.

Society, too, was in a bad condition. The old forms and ceremonies of the men of 1789 and the manners and breeding of our earliest generation of statesmen had passed away, and the new democracy had not as yet a system of its own. It was a period of transition. The old customs had gone, the new ones had not crystallized. The civilization was crude and raw, and in Washington had no background whatever,—such as was to be found in the old cities and towns of the original thirteen States. The tone of the men in public life had deteriorated and was growing worse, approaching rapidly its lowest point, which it reached during the Polk administration. This was due partly to the Jacksonian democracy, which had rejected training and education as necessary to statesmanship, and had loudly proclaimed the great truths of rotation in office, and the spoils to the victors, and partly to the slavery agitation which was then beginning to make itself felt. The rise of the irrepressible conflict between freedom and slavery made the South overbearing and truculent; it produced that class of politicians known as "Northern men with Southern principles," or, in the slang of the day, as "doughfaces;" and it had not yet built up a strong, vigorous, and aggressive party in the North. The lack of proper social opportunities, and this deterioration among men in public life, led to an increasing violence and roughness in debate, and to a good deal of coarse dissipation in private. There was undoubtedly a brighter side, but it was limited, and the surroundings of the distinguished men who led our political parties in 1841 at the national capital, do not present a very cheerful or attractive picture.

When the new President appeared upon the scene he was followed by a general rush of hungry office-seekers, who had been starving for places for many years. General Harrison was a brave, honest soldier and pioneer, simple in heart and manners, unspoiled and untaught by politics of which he had had a good share. He was not a great man, but he was honorable and well intentioned. He wished to have about him the best and ablest men of his party, and to trust to their guidance for a successful administration. But although he had no desire to invent a policy, or to draft state papers, he was determined to be the author of his own inaugural speech, and he came to Washington with a carefully-prepared manuscript in his pocket. When Mr. Webster read this document he found it full of gratitude to the people, and abounding in allusions to Roman history. With his strong sense of humor, and of the unities and proprieties as well, he was a good deal alarmed at the proposed speech; and after much labor, and the expenditure of a good deal of tact, he succeeded in effecting some important changes and additions. When he came home in the evening, Mrs. Seaton, at whose house he was staying, remarked that he looked worried and fatigued, and asked if anything had happened. Mr. Webster replied, "You would think that something had happened if you knew what I have done. I have killed seventeen Roman proconsuls." It was a terrible slaughter for poor Harrison, for the proconsuls were probably very dear to his heart. His youth had been passed in the time when the pseudo classicism of the French Republic and Empire was rampant, and now that, in his old age, he had been raised to the presidency, his head was probably full of the republics of antiquity, and of Cincinnatus called from the plough, to take the helm of state.

M. de Bacourt, the French minister at this period, a rather shallow and illiberal man who disliked Mr. Webster, gives, in his recently published correspondence, the following amusing account of the presentation of the diplomatic corps to President Harrison,—a little bit of contemporary gossip which carries us back to those days better than anything else could possibly do. The diplomatic corps assembled at the house of Mr. Fox, the British minister, who was to read a speech in behalf of the whole body, and thence proceeded to the White House where

"the new Secretary of State, Mr. Webster, who is much embarrassed by his new functions, came to make his arrangements with Mr. Fox. This done, we were ranged along the wall in order of seniority, and after too long a delay for a country where the chief magistrate has no right to keep people waiting, the old General came in, followed by all the members of his Cabinet, who walked in single file, and so kept behind him. He then advanced toward Mr. Fox, whom Mr. Webster presented to him. Mr. Fox read to him his address. Then the President took out his spectacles and read his reply. Then, after having shaken hands with the English minister, he walked from one end of our line to the other, Mr. Webster presenting each of us by name, and he shaking hands with each one without saying a word. This ceremony finished he returned to the room whence he had come, and reappeared with Mrs. Harrison—the widow of his eldest son—upon his arm, whom he presented to the diplomatic corps en masse. Mr. Webster, who followed, then presented to us Mrs. Finley, the mother of this Mrs. Harrison, in the following terms: 'Gentlemen, I introduce to you Mrs. Finley, the lady who attends Mrs. Harrison;' and observe that this good lady who attends the others—takes care of them—is blind. Then all at once, a crowd of people rushed into the room. They were the wives, sisters, daughters, cousins, and lady friends of the President and of all his ministers, who were presented to us, and vice versa, in the midst of an inconceivable confusion."

Fond, however, as Mr. Webster was of society, and punctilious as he was in matters of etiquette and propriety, M. de Bacourt to the contrary notwithstanding, he had far more important duties to perform than those of playing host and receiving foreign ministers. Our relations with England when he entered the cabinet were such as to make war seem almost inevitable. The northeastern boundary, undetermined by the treaty of 1783, had been the subject of continual and fruitless negotiation ever since that time, and was still unsettled and more complicated than ever. It was agreed that there should be a new survey and a new arbitration, but no agreement could be reached as to who should arbitrate or what questions should be submitted to the arbitrators, and the temporary arrangements for the possession of the territory in dispute were unsatisfactory and precarious. Much more exciting and perilous than this old difficulty was a new one and its consequences growing out of the Canadian rebellion in 1837. Certain of the rebels fled to the United States, and there, in conjunction with American citizens, prepared to make incursions into Canada. For this purpose they fitted out an American steamboat, the Caroline. An expedition from Canada crossed the Niagara River to the American shore, set fire to the Caroline, and let her drift over the Falls. In the fray which occurred, an American named Durfree was killed. The British government avowed this invasion to be a public act and a necessary measure of self-defence; but it was a question when Mr. Van Buren went out of office whether this avowal had been made in an authentic manner. There was another incident, however, also growing out of this affair, even more irritating and threatening than the invasion itself. In November, 1840, one Alexander McLeod came from Canada to New York, where he boasted that he was the slayer of Durfree, and thereupon was at once arrested on a charge of murder and thrown into prison. This aroused great anger in England, and the conviction of McLeod was all that was needed to cause immediate war. In addition to these complications was the question of the right of search for the impressment of British seamen and for the suppression of the slave-trade. Our government was, of course, greatly hampered in action by the rights of Maine and Massachusetts on the northeastern boundary, and by the fact that McLeod was within the jurisdiction and in the power of the New York courts, and wholly out of reach of those of the United States. The character of the national representatives on both sides in London tended, moreover, to aggravate the growing irritation between the two countries. Lord Palmerston was sharp and domineering, and Mr. Stevenson, our minister, was by no means mild or conciliatory. Between them they did what they could to render accommodation impossible.

To evolve a satisfactory and permanent peace from these conditions was the task which confronted Mr. Webster, and he was hardly in office before he received a demand from Mr. Fox for the release of McLeod, in which full avowal was made that the burning of the Caroline was a public act. Mr. Webster determined that the proper method of settling the boundary question, when that subject should be reached, was to agree upon a conventional and arbitrary line, and that in the mean time the only way to dispose of McLeod was to get him out of prison, separate him, diplomatically speaking, from the affair of the Caroline, and then take that up as a distinct matter for negotiation with the British government. The difficulty in regard to McLeod was the most pressing, and so to that he gave his immediate attention. His first step was to instruct the Attorney-General to proceed to Lockport, where McLeod was imprisoned, and communicate with the counsel for the defence, furnishing them with authentic information that the destruction of the Caroline was a public act, and that therefore McLeod could not be held responsible. He then replied to the British minister that McLeod could, of course, be released only by judicial process, but he also informed Mr. Fox of the steps which had been taken by the administration to assure the prisoner a complete defence based on the avowal of the British government that the attack on the Caroline was a public act. This threw the responsibility for McLeod, and for consequent peace or war, where it belonged, on the New York authorities, who seemed, however, but little inclined to assist the general government. McLeod came before the Supreme Court of New York in July, on a writ of habeas corpus, but they refused to release him on the grounds set forth in Mr. Webster's instructions to the Attorney-General, and he was remanded for trial in October, which was highly embarrassing to our government, as it kept this dangerous affair open.

But this and all other embarrassments to the Secretary of State sank into insignificance beside those caused him by the troubles in his own political party. Between the time of the instructions to the Attorney-General and that of the letter to Mr. Fox, President Harrison died, after only a month of office. Mr. Tyler, of whose views but little was known, at once succeeded, and made no change in the cabinet of his predecessor. On the last day of May, Congress, called in extra session by President Harrison, convened. A bill establishing a bank was passed, and Mr. Tyler vetoed it on account of constitutional objections to some of its features. The triumphant Whigs were filled with wrath at this unlooked-for check. Mr. Clay reflected on the President with great severity in the Senate, the members of the party in the House were very violent in their expressions of disapproval, and another measure, known as the "Fiscal Corporation Act," was at once prepared. Mr. Webster regarded this state of affairs with great anxiety and alarm. He said that such a contest, if persisted in, would ruin the party and deprive them of the fruits of their victory, besides imperilling the important foreign policy then just initiated. He strove to allay the excitement, and resisted the passage of any new bank measure, much as he wished the establishment of such an institution, advising postponement and delay for the sake of procuring harmony if possible. But the party in Congress would not be quieted. They were determined to force Mr. Tyler's hand at all hazards, and while the new bill was pending, Mr. Clay, stung by the taunts of Mr. Buchanan, made a savage attack upon the President. As a natural consequence, the "Fiscal Corporation" scheme shared the fate of its predecessor. The breach between the President and his party was opened irreparably, and four members of the cabinet at once resigned. Mr. Webster was averse to becoming a party to an obvious combination between the Senate and the cabinet to harass the President, and he was determined not to sacrifice the success of his foreign negotiations to a political quarrel. He therefore resolved to remain in the cabinet for the present, at least, and, after consulting the Massachusetts delegation in Congress, who fully approved his course, he announced his decision to the public in a letter to the "National Intelligencer." His action soon became the subject of much adverse criticism from the Whigs, but at this day no one would question that he was entirely right. It was not such an easy thing to do, however, as it now appears, for the excitement was running high among the Whigs, and there was great bitterness of feeling toward the President. Mr. Webster behaved in an independent and patriotic manner, showing a liberality of spirit, a breadth of view, and a courage of opinion which entitle him to the greatest credit.

Events, which had seemed thus far to go steadily against him in his negotiations, and which had been supplemented by the attacks of the opposition in Congress for his alleged interference with the course of justice in New York, now began to turn in his favor. The news of the refusal of the New York court to release McLeod on a habeas corpus had hardly reached England when the Melbourne ministry was beaten in the House of Commons, and Sir Robert Peel came in, bringing with him Lord Aberdeen as the successor of Lord Palmerston in the department of foreign affairs. The new ministry was disposed to be much more peaceful than their predecessors had been, and the negotiations at once began to move more smoothly. Great care was still necessary to prevent outbreaks on the border, but in October McLeod proved an alibi and was acquitted, and thus the most dangerous element in our relations with England was removed. Matters were still further improved by the retirement of Mr. Stevenson, whose successor in London was Mr. Everett, eminently conciliatory in disposition and in full sympathy with the Secretary of State.

Mr. Webster was now able to turn his undivided attention to the long-standing boundary question. His proposition to agree upon a conventional line had been made known by Mr. Fox to his government, and soon afterwards Mr. Everett was informed that Lord Ashburton would be sent to Washington on a special mission. The selection of an envoy well known for his friendly feeling toward the United States, which was also traditional with the great banking-house of his family, was in itself a pledge of conciliation and good will. Lord Ashburton reached Washington in April, 1842, and the negotiation at once began.

It is impossible and needless to give here a detailed account of that negotiation. We can only glance briefly at the steps taken by Mr. Webster and at the results achieved by him. There were many difficulties to be overcome, and in the winter of 1841-42 the case of the Creole added a fresh and dangerous complication. The Creole was a slave-ship, on which the negroes had risen, and, taking possession, had carried her into an English port in the West Indies, where assistance was refused to the crew, and where the slaves were allowed to go free. This was an act of very doubtful legality, it touched both England and the Southern States in a very sensitive point, and it required all Mr. Webster's tact and judgment to keep it out of the negotiation until the main issue had been settled.

The principal obstacle in the arrangement of the boundary dispute arose from the interests and the attitude of Massachusetts and Maine. Mr. Webster obtained with sufficient ease the appointment of commissioners from the former State, and, through the agency of Mr. Sparks, who was sent to Augusta for the purpose, commissioners were also appointed in Maine; but these last were instructed to adhere to the line of 1783 as claimed by the United States. Lord Ashburton and Mr. Webster readily agreed that a treaty must come from mutual conciliation and compromise; but, after a good deal of correspondence, it became apparent that the Maine commissioners and the English envoy could not be brought to an agreement. A dead-lock and consequent loss of the treaty were imminent. Mr. Webster then had a long interview with Lord Ashburton. By a process of give and take they agreed on a conventional line and on the concession of certain rights, which made a fair bargain, but unluckily the loss was suffered by Maine and Massachusetts, while the benefits received by the United States accrued to New York, Vermont, and New Hampshire. This brought the negotiators to the point at which they had already been forced to halt so many times before. Mr. Webster now cut the knot by proposing that the United States should indemnify Maine and Massachusetts in money for the loss they were to suffer in territory, and by his dexterous management the commissioners of the two States were persuaded to assent to this arrangement, while Lord Ashburton was induced to admit the agreement into a clause of the treaty. This disposed of the chief question in dispute, but two other subjects were included in the treaty besides the boundary. The first related to the right of search claimed by England for the suppression of the slave-trade. This was met by what was called the "Cruising Convention," a clause which stipulated that each nation should keep its own squadron on the coast of Africa, to enforce separately its own laws against the slave-trade, but in mutual coöperation. The other subject of agreement grew out of the Creole case. England supposed that we sought the return of the negroes because they were slaves, but Mr. Webster argued that they were demanded as mutineers and murderers. The result was an article which, while it carefully avoided even the appearance of an attempt to bind England to return fugitive slaves, provided amply for the extradition of criminals. The case of the Caroline was disposed of by a formal admission of the inviolability of national territory and by an apology for the burning of the steamboat. As to the action in regard to the slaves on the Creole, Mr. Webster could only obtain the assurance that there should be "no officious interference with American vessels driven by accident or violence into British ports," and with this he was content to let the matter drop. On the subject of impressment, the old casus belli of 1812, Mr. Webster wrote a forcible letter to Lord Ashburton. In it he said that, in future, "in every regularly-documented American merchant vessel, the crew who navigate it will find their protection in the flag which is over them." In other words, if you take sailors out of our vessels, we shall fight; and this simple statement of fact ended the whole matter and was quite as binding on England as any treaty could have been.

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