American Civil War: Organized Crime?

7/30/2019 American Civil War: Organized Crime?

1/221

American Civil War:Organized Crime?

By William P. Litynski


2/221

From the Grassy Knoll in Washington, D.C.:

Lone Gunman or Patsy?The Attempted Assassination of American PresidentAndrew Jackson on Capitol Hill on January 30, 183

Im just a patsy!: Richard Lawrence, an unemployed house-painter from England and a lone gunman, attempts toassassinate !.". President #ndrew $ackson at the entrance of the !.". %apitol in Washington, &.%. on January 30, 1835. Thnational det as paid in "ull on January 8, 1835, 'ust (( days )efore the attempted assassination on #ndrew $ackson.%ongress passed the "econd %oinage #ct on $une (*, +*. he Panic of +*/ occurred on 0ay +1, +*/ 'ust after the"econd Bank of the !nited "tates in Philadelphia )ecame a pri2ate )ank on $anuary +, +*/. #ndrew $ackson is the onlypresident e2er to preside o2er the 2irtual elimination of #merica3s national de)t. #merica3s national de)t has e4ceeded 5+/

trillion in (1+.

!"y dear sir, # ha$e to thank you for four letters, all $ery interestin% & $ery welcome' The last only re(uires any answer & that # wi%i$e $ery e)plicitly' *ou may rely upon it that the +ank has taken its final course and that it will e neither fri%htened nor ca-oled frits duty y any small dri$ellin% aout relief to the country' All that you ha$e heard on that su-ect from .ew *ork is wholly withoufoundation' The relief, to e useful or permanent, must come from Con%ress & from Con%ress alone' #f that ody will do its duty, rewill come if not, the +ank feels no $ocation to redress the wron%s inflicted y these miserale people' /ely upon that' This worthyPresident thinks that e!ause he has s!al"ed #ndians and im"risoned $udges, he is to ha%e his way with the &ank. 'e ismistakenand he may as well send at once and en%a%e lod%in%s in Araia ' ' ' .icholas +iddle 2President of the econd +ank of the 4nited tates5, in a letter to Joseph Hopkinson 2Jud%e of the 4nited tates6istrict Court for the 7astern 6istrict of Pennsyl$ania5 on eruary 91, 183:


3/221

!The atmos"here was growing tense a (ortnight later when, on $anuary )*, +)-, General $a!kson %isited the 'ouse!hamer to attend (uneral ser%i!es (or the late e"resentati%e Warren . Da%is o( /outh Carolina. The urden o( the!ha"lain0s sermon was that li(e is un!ertain, "arti!ularly (or the aged.!There sat the %ray;haired president, wrote an7n%lish $isitor, Harriet "artineau, !lookin% scarcely ale to %o throu%h this ceremonial' The discourse finished, he filed pasthe casket and with the Cainet descended to the rotunda of the Capitol' 1 stranger o( good a""earan!e, his (a!e !o%ered a thi!k la!k eard, was standing si2 (eet away. 3o one noti!ed him draw the small, right "istol he aimed at the42e!uti%e, ut, as he "ressed the trigger, the re"ort rang through the stone !hamer 5like a ri(le shot.6 Calmly the ma"rodu!ed another "istol. $a!kson was one o( the (irst to reali7e what was ha""ening. Cluing his !ane he started (or tman. Crack!went the se!ond wea"on. 8ld 'i!kory lunged at his assailant, ut a young army o((i!er rea!hed the ma(irst. The President was unharmed.hite House to con%ratulate the President on his narrowest escape from death, "ar?an +uren found him with the 6onelson children in his lap, talkin% of somethin% else to "a-or @eneral >infield cott' Theassailant said he was /ichard awrence and that Jackson had killed his father' >hen it de$eloped that awrence was an7n%lishman whose parents had ne$er een in America, the prisoner descried himself as the heir to the +ritish crown' He saidthat he wanted to put @eneral Jackson out of the way in order to stren%then his claims to the throne' >hen the prisoner wascommitted to a lunatic asylum, parti=ans on oth sides o-ected to that undramatic disposition of the case, rank +lair hintin%that awrence was a tool of JacksonBs enemies and 6uff @reen that the affair had een de$ised to create popular sympathy forthe President' #t did !reate sym"athy (or him, $ohn C. Calhoun detaining the /enate with a denial o( !om"li!ity, and $o9uin!y 1dams "ro!laiming his allegian!e on the (loor o( the 'ouse. The Life of Andrew Jacksony "ar(uis James, Part Two Portrait of a President, +ook i$e The !/ei%n, Chapter DDD?#

2The 7ti(uette of Collectin% Twenty;fi$e "illion rancs5, p' E8;E8E

!ore (ortunate in the (ield o( "uli! (inan!e, General $a!kson was ale se%en days later, on $anuary ;, +)-ue in the history o( the modern world.The fa$orale alance showed e$ery indication of increasin%, foin ei%ht months the country had passed from a depression to a state of prosperity, with $isions of o$erflowin% aundance whicrench war clouds failed to dispel' #n the sprin% of 183 the march of plenty crossed the line into the %reen pastures ofspeculation' The impetus came in part from a speculati$e wa$e in 7urope, in part from the momentum of o$er rapid reco$eryfrom the +iddle panic, in part from the Treasury surplus creatin% an e)cess of loanale funds in the custody of the !pet anksThe phenomena of inflation e%an to appear' .ew state anks were chartered y the score, most of them iddin% for a share othe @o$ernment deposits, many of them %ettin% it, and all printin% their own money' +ad money dri$es out %ood' !JacksonFs

yellow oys, the %old pieces minted in 183:, $anished into the hidin% places of the thrifty who knew that %old could e spenany day ut were less certain of the current flood of paper' +ank notes flew from hand to hand in fantastic transactions ofpurchase and sale' The Life of Andrew Jacksony "ar(uis James, Part Two Portrait of a President, +ook i$e The !/ei%n, Chapter DDD?#2The 7ti(uette of Collectin% Twenty;fi$e "illion rancs5, p' EG0

!The remainder of the messa%e contained happier information' The est of it concerned the national det' As of January 1,183, after satisfyin% all the %o$ernmentFs operatin% oli%ations, the national det would e totally e)tin%uished and theTreasury would carry a alance of ::0,000' 3o national det. 3ot a !ent owed to anyone. What an e2traordinarya!!om"lishment. What a "roud oast. 1s oger &. Taney had said to $a!kson =ust a (ew months earlier, 5it is # elie%the (irst time in the history o( nations that a large "uli! det has een entirely e2tinguished.6 Jackson himself could no

help crowin% aout this accomplishment, althou%h he ri%htly credited it to the industry and enterprise of the American peopledespite the rude financial shock of last winter inflicted y .icholas +iddle'Andrew Jackson and the Course of American Democracy, 1833-1845, ?olume ### y /oert ?' /emini, Chapter 1:, p' 918;91G


4/221


5/221

42!er"ts (rom President 1ndrew $a!kson0s Farewell 1ddressar!h E, +)

Andrew Jackson

!>e ehold systematic efforts pulicly made to sow the seeds of discord etween different parts of the 4nited tates and toplace party di$isions directly upon %eo%raphical distinctionsL to e)cite the outh a%ainst the .orth and the .orth a%ainst theouth , and to force into the contro$ersy the most delicate and e)citin% topics;;topics upon which it is impossile that a lar%eportion of the 4nion can e$er speak without stron% emotion' Appeals, too, are constantly made to sectional interests in order t

influence the election of the Chief "a%istrate, as if it were desired that he should fa$or a particular (uarter of the country insteof fulfillin% the duties of his station with impartial -ustice to allL and the possile dissolution of the 4nion has at len%th ecoman ordinary and familiar su-ect of discussion' Has the warnin% $oice of >ashin%ton een for%otten, or ha$e desi%ns alreadyeen formed to se$er the 4nionM et it not e supposed that # impute to all of those who ha$e taken an acti$e part in theseunwise and unprofitale discussions a want of patriotism or of pulic $irtue' The honorale feelin% of tate pride and localattachments finds a place in the osoms of the most enli%htened and pure' +ut while such men are conscious of their owninte%rity and honesty of purpose, they ou%ht ne$er to for%et that the citi=ens of other tates are their political rethren, and thahowe$er mistaken they may e in their $iews, the %reat ody of them are e(ually honest and upri%ht with themsel$es' utuasus"i!ions and re"roa!hes may in time !reate mutual hostility, and art(ul and designing men will always e (ound whoare ready to (oment these (atal di%isions and to in(lame the natural =ealousies o( di((erent se!tions o( the !ountry. Thehistory o( the world is (ull o( su!h e2am"les, and es"e!ially the history o( re"uli!s. What ha%e you to gain y di%isionand dissension? Delude not yoursel%es with the elie( that a rea!h on!e made may e a(terwards re"aired. #( the niois on!e se%ered, the line o( se"aration will grow wider and wider, and the !ontro%ersies whi!h are now deated andsettled in the halls o( legislation will then e tried in (ields o( attle and determined y the sword. 3either should youde!ei%e yoursel%es with the ho"e that the (irst line o( se"aration would e the "ermanent one, and that nothing utharmony and !on!ord would e (ound in the new asso!iations (ormed u"on the dissolution o( this nion.ocal interestwould still e found there, and unchastened amition' And if the recollection of common dan%ers, in which the people of thes4nited tates stood side y side a%ainst the common foe, the memory of $ictories won y their united $alor, the prosperity anhappiness they ha$e en-oyed under the present Constitution, the proud name they ear as citi=ens of this %reat /epulic;;if allthese recollections and proofs of common interest are not stron% enou%h to ind us to%ether as one people, what tie will holdunited the new di$isions of empire when these onds ha$e een roken and this 4nion disse$ered M The first line of separatiowould not last for a sin%le %enerationL new fra%ments would e torn off, new leaders would sprin% up, and this %reat and %lori/epulic would soon e roken into a multitude of petty tates, without commerce, without credit, -ealous of one another, armfor mutual a%%ression, loaded with ta)es to pay armies and leaders, seekin% aid a%ainst each other from forei%n powers, insultand trampled upon y the nations of 7urope, until, harassed with conflicts and humled and deased in spirit, they would eready to sumit to the asolute dominion of any military ad$enturer and to surrender their lierty for the sake of repose' #t isimpossile to look on the conse(uences that would ine$italy follow the destruction of this @o$ernment and not feel indi%nanwhen we hear cold calculations aout the $alue of the 4nion and ha$e so constantly efore us a line of conduct so wellcalculated to weaken its ties' There is too mu!h at stake to allow "ride or "assion to in(luen!e your de!ision. 3e%er (or amoment elie%e that the great ody o( the !iti7ens o( any /tate or /tates !an delierately intend to do wrong. They mayunder the in(luen!e o( tem"orary e2!itement or misguided o"inions, !ommit mistakes they may e misled (or a time the suggestions o( sel(Ainterest ut in a !ommunity so enlightened and "atrioti! as the "eo"le o( the nited /tatesargument will soon make them sensile o( their errors, and when !on%in!ed they will e ready to re"air them. #f theyha$e no hi%her or etter moti$es to %o$ern them, they will at least percei$e that their own interest re(uires them to e -ust toothers, as they hope to recei$e -ustice at their hands'


6/221

From the Grassy Knoll in Charleston:Lone Gunman or Patsy?

The Assassination of outh Carolina politician 6a$id /amsay 2"ay E, 1815

American historian and politician 6r' 6a$id /amsay, "'6', was shot y a lone %unman, an insane tailor named >illiam innon +road treet in Charleston, outh Carolina on ay H, ++-L /amsay died of his wounds in Charleston on "ay 8, 181' 66a$id /amsay, who earned a +achelor of Arts de%ree at the Colle%e of .ew Jersey 2later Princeton 4ni$ersity5, was a "emof the Continental Con%ress 21N89;1N83, 1N8;1N8E5, a "emer of the outh Carolina tate e%islature 21NNE;1N80, 1N81;1N1N8:;1NG05, and a President of the South Carolina tate enate 21NG1;1NGN5'


7/221

#outh $arolina % &ulli"i'ation (and #e'ession) $risis (183*)

"outh %arolina politician $ohn %. %alhoun 6B.#. 7ale +*18 and his classmate $ohn 0yers 9elder 6B.#. 7ale +*18 ser2ed in %ongress durithe early +*1s while 2arious power)rokers in %harleston, "outh %arolina were ad2ocating nullification and secession o2er the issues of taand sla2ery. he first &emocratic :ational %on2ention was held in %harleston from #pril (, +*;1 to 0ay , +*;1. $ohn 0yers 9elder3snephew $ohn Ro)ert 7.


8/221

Excerpts of President Andrew Jacksons Proclamation Regarding Nullification and

Secession (December 10, 1832)

5IThis right to se!ede is dedu!ed (rom the nature o( the Constitution, whi!h they say is a !om"a!t etween so%ereign /tatewho ha%e "reser%ed their whole so%ereignty, and there(ore are su=e!t to no su"erior that e!ause they made the !om"a!t,they !an reak it when in their o"inion it has een de"arted (rom y the other /tates. Falla!ious as this !ourse o( reasoning it enlists /tate "ride, and (inds ad%o!ates in the honest "re=udi!es o( those who ha%e not studied the nature o( our go%ernmesu((i!iently to see the radi!al error on whi!h it rests.

The "eo"le o( the nited /tates (ormed the Constitution, a!ting through the /tate legislatures, in making the !om"a!t, to meand dis!uss its "ro%isions, and a!ting in se"arate !on%entions when they rati(ied those "ro%isions ut the terms used in its!onstru!tion show it to e a go%ernment in whi!h the "eo"le o( all the /tates !olle!ti%ely are re"resented. We are 834P48PL4 in the !hoi!e o( the President and Ji!e President. 'ere the /tates ha%e no other agen!y than to dire!t the mode inwhi!h the %ote shall e gi%en. The !andidates ha%ing the ma=ority o( all the %otes are !hosen. The ele!tors o( a ma=ority o(/tates may ha%e gi%en their %otes (or one !andidate, and yet another may e !hosen. The "eo"le, then, and not the /tates, arre"resented in the e2e!uti%e ran!h...

The Constitution o( the nited /tates, then, (orms a go%ernment, not a league, and whether it e (ormed y !om"a!t etweethe /tates, or in any other manner, its !hara!ter is the same. #t is a go%ernment in whi!h all the "eo"le are re"resented, whi!o"erates dire!tly on the "eo"le indi%idually, not u"on the /tates they retained all the "ower they did not grant. &ut ea!h /taha%ing e2"ressly "arted with so many "owers as to !onstitute =ointly with the other /tates a single nation, !annot (rom that"eriod "ossess any right to se!ede, e!ause su!h se!ession does not reak a league, ut destroys the unity o( a nation, and anin=ury to that unity is not only a rea!h whi!h would result (rom the !ontra%ention o( a !om"a!t, ut it is an o((ense againstwhole nion. To say that any /tate may at "leasure se!ede (rom the nion, is to say that the nited /tates are not a natione!ause it would e a sole!ism to !ontend that any "art o( a nation might dissol%e its !onne!tion with the other "arts, to theiin=ury or ruin, without !ommitting any o((ense. /e!ession, like any other re%olutionary a!t, may e morally =usti(ied y thee2tremity o( o""ression ut to !all it a !onstitutional right, is !on(ounding the meaning o( terms, and !an only e donethrough gross error, or to de!ei%e those who are willing to assert a right, ut would "ause e(ore they made a re%olution, orin!ur the "enalties !onse>uent u"on a (ailure.

&e!ause the nion was (ormed y !om"a!t, it is said the "arties to that !om"a!t may, when they (eel themsel%es aggrie%ed,de"art (rom it ut it is "re!isely e!ause it is a !om"a!t that they !annot. 1 !om"a!t is an agreement or inding oligation.may y its terms ha%e a san!tion or "enalty (or its rea!h, or it may not. #( it !ontains no san!tion, it may e roken with noother !onse>uen!e than moral guilt i( it ha%e a san!tion, then the rea!h in!urs the designated or im"lied "enalty. 1 league

etween inde"endent nations, generally, has no san!tion other than a moral one or i( it should !ontain a "enalty, as there is!ommon su"erior, it !annot e en(or!ed. 1 go%ernment, on the !ontrary, always has a san!tion, e2"ress or im"lied and, in o!ase, it is oth ne!essarily im"lied and e2"ressly gi%en. 1n attem"t y (or!e o( arms to destroy a go%ernment is an o((ense, whate%er means the !onstitutional !om"a!t may ha%e een (ormed and su!h go%ernment has the right, y the law o( sel(Ade(ense, to "ass a!ts (or "unishing the o((ender, unless that right is modi(ied, restrained, or resumed y the !onstitutional a!#n our system, although it is modi(ied in the !ase o( treason, yet authority is e2"ressly gi%en to "ass all laws ne!essary to !arrits "owers into e((e!t, and under this grant "ro%ision has een made (or "unishing a!ts whi!h ostru!t the due administratioo( the lawsI

The /tates se%erally ha%e not retained their entire so%ereignty. #t has een shown that in e!oming "arts o( a nation, notmemers o( a league, they surrendered many o( their essential "arts o( so%ereignty. The right to make treaties, de!lare war,le%y ta2es, e2er!ise e2!lusi%e =udi!ial and legislati%e "owers, were all (un!tions o( so%ereign "ower. The /tates, then, (or allthese im"ortant "ur"oses, were no longer so%ereign. The allegian!e o( their !iti7ens was trans(erred in the (irst instan!e to thgo%ernment o( the nited /tates they e!ame 1meri!an !iti7ens, and owed oedien!e to the Constitution o( the nited /tatand to laws made in !on(ormity with the "owers %ested in Congress. This last "osition has not een, and !annot e, denied.'ow then, !an that /tate e said to e so%ereign and inde"endent whose !iti7ens owe oedien!e to laws not made y it, andwhose magistrates are sworn to disregard those laws, when they !ome in !on(li!t with those "assed y another? What shows!on!lusi%ely that the /tates !annot e said to ha%e reser%ed an undi%ided so%ereignty, is that they e2"ressly !eded the right t"unish treasonAnot treason against their se"arate "ower, ut treason against the nited /tates. Treason is an o((ense againstso%ereignty, and so%ereignty must reside with the "ower to "unish it. &ut the reser%ed rights o( the /tates are not less sa!rede!ause they ha%e (or their !ommon interest made the general go%ernment the de"ository o( these "owers. The unity o( our"oliti!al !hara!ter as has een shown (or another "ur"ose@ !ommen!ed with its %ery e2isten!e. nder the royal go%ernmenwe had no se"arate !hara!ter our o""osition to its o""ression egan as 3#T4D C8L83#4/. We were the 3#T4D/T1T4/ under the Con(ederation, and the name was "er"etuated and the nion rendered more "er(e!t y the (ederalConstitution. #n none o( these stages did we !onsider oursel%es in any other light than as (orming one nation. Treaties and

allian!es were made in the name o( all. Troo"s were raised (or the =oint de(ense. 'ow, then, with all these "roo(s, that under


9/221

!hanges o( our "osition we had, (or designated "ur"oses and with de(ined "owers, !reated national go%ernmentsAhow is it ththe most "er(e!t o( these se%eral modes o( union should now e !onsidered as a mere league that may e dissol%ed at "leasur#t is (rom an ause o( terms. Com"a!t is used as synonymous with league, although the true term is not em"loyed, e!ause itwould at on!e show the (alla!y o( the reasoning. #t would not do to say that our Constitution was only a league, ut it is laoto "ro%e it a !om"a!t whi!h, in one sense, it is@, and then to argue that as a league is a !om"a!t, e%ery !om"a!t etweennations must, o( !ourse, e a league, and that (rom su!h an engagement e%ery so%ereign "ower has a right to re!ede. &ut it heen shown that in this sense the /tates are not so%ereign, and that e%en i( they were, and the national Constitution had een(ormed y !om"a!t, there would e no right in any one /tate to e2onerate itsel( (rom the oligation.

/o o%ious are the reasons whi!h (orid this se!ession, that it is ne!essary only to allude to them. The nion was (ormed (or

ene(it o( all. #t was "rodu!ed y mutual sa!ri(i!e o( interest and o"inions. Can those sa!ri(i!es e re!alled? Can the /tates,who magnanimously surrendered their title to the territories o( the West, re!all the grant? Will the inhaitants o( the inland/tates agree to "ay the duties that may e im"osed without their assent y those on the 1tlanti! or the Gul(, (or their ownene(it? /hall there e a (ree "ort in one /tate, and enormous duties in another? 3o one elie%es that any right e2ists in asingle /tate to in%ol%e all the others in these and !ountless other e%ils, !ontrary to engagements solemnly made. 4%eryone musee that the other /tates, in sel(Ade(ense, must o""ose it at all ha7ardsI

# ha%e urged you to look a!k to the means that were used to urly you on to the "osition you ha%e now assumed, and (orwato the !onse>uen!es they will "rodu!e. /omething more is ne!essary. Contem"late the !ondition o( that !ountry o( whi!h youstill (orm an im"ortant "art !onsider its go%ernment uniting in one ond o( !ommon interest and general "rote!tion so mandi((erent /tatesAgi%ing to all their inhaitants the "roud title o( 14#C13 C#T#43A"rote!ting their !ommer!eAse!uringtheir literature and artsA(a!ilitating their inter!ommuni!ationAAde(ending their (rontiersAand making their name res"e!ted ithe remotest "arts o( the earth Consider the e2tent o( its territory its in!reasing and ha""y "o"ulation, its ad%an!e in arts,whi!h render li(e agreeale, and the s!ien!es whi!h ele%ate the mind /ee edu!ation s"reading the lights o( religion, moralityand general in(ormation into e%ery !ottage in this wide e2tent o( our Territories and /tates &ehold it as the asylum where twret!hed and the o""ressed (ind a re(uge and su""ort Look on this "i!ture o( ha""iness and honor, and say, W4 T88, 1C#T#43/ 8F 14#C1AACarolina is one o( these "roud /tates her arms ha%e de(endedAher est lood has !emented thisha""y nion 1nd then add, i( you !an, without horror and remorse this ha""y nion we will dissol%eAthis "i!ture o( "ea!eand "ros"erity we will de(a!eAthis (ree inter!ourse we will interru"tA these (ertile (ields we will deluge with loodAthe"rote!tion o( that glorious (lag we renoun!eAthe %ery name o( 1meri!ans we dis!ard. 1nd (or what, mistaken men For whado you throw away these inestimale lessingsA(or what would you e2!hange your share in the ad%antages and honor o( thenion? For the dream o( a se"arate inde"enden!eAa dream interru"ted y loody !on(li!ts with your neighors, and a %ilede"enden!e on a (oreign "ower. #( your leaders !ould su!!eed in estalishing a se"aration, what would e your situation? 1ryou united at homeAare you (ree (rom the a""rehension o( !i%il dis!ord, with all its (ear(ul !onse>uen!es? Do our neighorinre"uli!s, e%ery day su((ering some new re%olution or !ontending with some new insurre!tionA do they e2!ite your en%y? &u

the di!tates o( a high duty olige me solemnly to announ!e that you !annot su!!eed. The laws o( the nited /tates must ee2e!uted. # ha%e no dis!retionary "ower on the su=e!tAmy duty is em"hati!ally "ronoun!ed in the Constitution. Those whotold you that you might "ea!ealy "re%ent their e2e!ution, de!ei%ed youAthey !ould not ha%e een de!ei%ed themsel%es. Theyknow that a (or!ile o""osition !ould alone "re%ent the e2e!ution o( the laws, and they know that su!h o""osition must ere"elled. Their o=e!t is disunion, ut e not de!ei%ed y names disunion, y armed (or!e, is T41/83. 1re you really reato in!ur its guilt?6

ource httpOOa$alon'law'yale'eduO1GthcenturyO-ack01'asp

!The nullifiers in the south intend to low up a storm on the sla$e (uestion ' ' 'they will try to arouse the outhernpeople on this false tale' This ou%ht to e met, for e assured these men would do any act to destroy this union andform a southern confederacy ounded, north, y the Potomac ri$er' Andrew Jackson, in a letter to John Coffee on April G, 1833
http://avalon.law.yale.edu/19th_century/jack01.asphttp://avalon.law.yale.edu/19th_century/jack01.asp


10/221

!$ohn C. Calhoun: the s"oiler, the agitator, the traitor. That was how President $a!kson saw the /outh Carolinian. Thwas how $a!ksonMs ad%isers and !losest (riends also saw him. They s"oke o( the (ormer Ji!e President as 5the mostwi!ked and the most des"i!ale o( 1meri!an statesmen.6 They re!koned his nulli(i!ation theory and his !ons"ira!y todisru"t the nion as the !onse>uen!es o( a disa""ointed amition. 'e stro%e, s!hemed, dreamed, li%ed, only (or the"residen!y, they !ontended. And when he failed to attain that office y Khonorale means,K he scramled to rise upon theruins of his country' That was JacksonBs final -ud%ment of the tormented southerner' He Kli$ed and died in this opinion'K 8n hdeathed, while re(le!ting u"on his two terms as President, $a!kson e2"ressed his regret that he had not e2e!utedCalhoun (or treason. y !ountry, he said, would ha%e sustained me in the a!t, and his (ate would ha%e een awarning to traitors in all time to !ome. There was another spoiler, another disappointed and mischie$ous malcontent JohQuincy Adams' The former President had returned to Con%ress as a memer of the House of /epresentati$es from his district

"assachusetts, and he was itchin% to create troule' Anythin% to disrupt the councils of the nation' KHe seems to carry withinhim a smothered fire,K commented rank +lair, editor of the >ashin%ton !o"e, the mouthpiece of the administration, Kthat eand anon, reaks forth like a $olcano, accompanied y a stream of red hot la$a '' '' His inspiration is fury and his ener%y that oscoldin% old lady'K .othin% would deli%ht him more than to see discord and ha$oc attend the administration of his successor' would e$en try to introduce in the House a deate on sla$ery;sla$ery no lessR; to achie$e his %oal, not that he cared two fi%s fothe lack man' K*ou will ha$e seen that "r' Adams, some days a%o,K reported one con%ressman, !offered a resolution, callin%on the President to communicate to the House a copy of ' ' ' the outh Carolina est'K And there was another %rowin% cause of complaint etween thesections sla$ery' .ot that it tri%%ered the nullification contro$ersy at this time or was directly in$ol$ed in the e$ents leadin% t

the confrontation, e$en thou%h it was essential to the southern economy' Perha"s $ohn 9uin!y 1dams and $ohn C. Calhomight ha%e hungered to raise it in order to (oment (urther dis!ord throughout the nation, ut it did not !ome into seriodis!ussion at this moment.#n the early +)*s res"onsile o((i!ials generally understood and a!!e"ted the (a!t that anyattem"t y the (ederal go%ernment to inter(ere with sla%ery would !onstitute a (rontal assault u"on the (reedom and"ro"erty rights o( those who were "artners in the so!ial !om"a!t. #t has sometimes een suggested that the Demo!rati!"arty in the +)*s was "rosla%ery. That is nonsense. The Demo!rats sim"ly re!ogni7ed that the >uestion o( sla%ery wanot something they !ould (reely de!ide one way or another. 3ot i( they %alued the nion. till the sla$ery issue lurkedconstantly in the ack%round, as thou%h waitin% for the propitious moment to emer%e from the shadows' rom time to time a malcontents tried to dra% it into national attention ut they were uni$ersally condemned as troulemakers' The central (uestioof the nullification contro$ersy, raised y the tariff dispute, was whether the states had the ri%ht to declare federal law in$alidwithin their oundaries 2and, if necessary, to secede from the 4nion5 in order to protect their ri%hts, particularly their propertyri%hts' And Con%ress could not pro$ide the answer' The sense of the memers as a %roup was unclear and ine)act' There were

three distinct $iewpoints one class of politician contended for the Kinalienale & indefensile ri%ht of a state to secede atpleasureL;another class, that there is no such ri%ht, consistent with the constitution, or theory of the @o$ernment;and a third clseem disposed to admit the ri%ht to secede, ut maintain the ri%ht of the other states, on the first principle of self;preser$ation,whip the secedin% states into sumission'K Andrew Jackson had an asolutely clear conception of his position on this (uestio#t was simple, direct, and lo%ical' #t may not ha$e een historically accurate, ut he sincerely elie$ed it to e so' "ostimportant, it proceeded from his commitment to democratic principles' The federal %o$ernment, he said, was Kased on aconfederation of perpetual unionK y an act of the people' A state may ne$er secede, and that was final' "oreo$er, the peoplenot the states, %ranted so$erei%nty to the federal %o$ernment throu%h the Constitution' They called the 4nion into e)istence, tcreated the federal %o$ernment, and they %ranted federal power' These actions, he insisted, were taken y the people atcon$entions that ratified the Constitution' And in ratifyin% the Constitution the people automatically amended their stateconstitutions to accord with the new arran%ement' Jackson felt totally comfortale with this position' He elie$ed it to e theonly one %uaranteed to safe%uard the lierty and ri%hts of all' And he was sure the American electorate supported his $iew' hat he did was masterful' He worked 2and ultimately succeeded5 at winnin% the freedom of >orcester and +utler, the twomissionaries whose $iolation of @eor%ian law had precipitated the conflict etween the upreme Court and the state' At thesame time he assumed a posture of resistance a%ainst outh Carolina, knowin% that it would attract the support in Con%ress ofmany .ational /epulicans;the opposition party;either out of their concern for the safety of the 4nion or their desire to pre$eany harm efallin% the tariff' Thus, simultaneously, Jackson prepared for a showdown with outh Carolina, in$ol$in% possil

military action, and maneu$ered to ease @eor%ia out of the line of fire' The ominous situation encoura%ed some men to assesthe political opportunities' Amos Sendall, the fourth auditor at the Treasury and an important memer of JacksonBs SitchenCainet, con-ectured that the !.ational /epulican party will e dissol$edK and that its leaders will immediately cast aout fonew comination' KAll men of all parties in the northern, middle and western states,K he contended, Kmay e united upon the(uestion of the #nion a$ainst %uification, and an immense ma-ority, of the outh may e rallied in the same cause' hat Jackson hoped mi%ht result from such a reshufflin% of political alle%iances was the creation of aKmoral forceK throu%hout the country stron% enou%h to demonstrate to the nullifiers a total support of the administration in itsefforts to preser$e the 4nion'N uch a demonstration mi%ht fri%hten the hotheads of outh Carolina from precipitous action thcould lead to loodshed' JacksonBs position was stated precisely y one of his closest ad$isers KThe %reatest solicitude # feel i

that so stron% a moral force shall e arrayed on the side of the administration, that the incipient treason of the outh shall e


12/221

awed into oedience without the sheddin% of one drop of American lood'K ith each new crisis, wrote a .ew *ork politician, K@enl'Jackson ' ' ' disco$ers his %reatness'K 7$eryone;e$en the PresidentBs enemies;could see it' KThose who ut yesterday opposed

your re;election with ferocity,K the @eneral was told, Know loudly profess their reliance on your sa$in% the 4nion'K The firstpulic indication of JacksonBs future direction came with his fourth annual messa%e to Con%ress on the tate of the 4nion' #nreferrin% to the crisis in outh Carolina, he planned at first to soft;pedal it as much as possile, at least until he had a clearer idof the stateBs intention' KAs to nullification in the south,K he ad$ised his newly elected ?ice President, "artin ?an +uren, K #mean to pass it arely in re$iew, as a mere ule, $iew the e)istin% laws as competent to check and put it down, and ask merea %eneral pro$ision to e enacted, to authori=e the Collector ' '' to demand of all $essels ''' where a state ' ' ' resist the collectioof the re$enue, the duty to e paid in cash'K As he maneu$ered to isolate outh Carolina in the country, so too Jackson pondeways to isolate the nullifiers within Con%ress' He spoke to his Sitchen Cainet aout it and held se$eral lon% con$ersations whis Tennessee friend "a-or >illiam +' ewis' #n these talks, said ewis, K# infer he will stron%ly ad$iseK the Con%ress to reduthe tariff still further' K#fear he will lea$e Calhoun and his nullifyin% s(uad no %round to stand upon, if he %oes on reducin% thTariff' #t will e a pitty, as they will ha$e no&rete't e(en to dissol$e the 4nionRK Jackson had his fourth annual messa%e readto present to Con%ress when the two houses con$ened on 6ecemer 3 to e%in the second 2short5 session of the Twenty;secon

Con%ress' The followin% day he sent it down' #n it he e)uded -ustifiale pride in the Khi%hly prosperous stateK of the nationBseconomy and predicted that the national det would e Ke)tin%uished within the year 1833'K He con%ratulated the Con%ress anthe people for this Kmemorale and happy e$entK and took a small measure of credit in rin%in% it aout' #n $iew of thispleasin% situation, he continued, and in -ustice to the interest of the $arious states, not to mention Kthe preser$ation of the 4niitself,K he recommended the %radual diminution of the tariff rates' He was now willin% to acknowled%e that the protecti$e systtended to foster in the minds of the American people Ka spirit of discontent and -ealousy dan%erous to the staility of the 4nio>hat it had done to outh Carolina in particular had rou%ht the nation to the rink of catastrophe' This seemin% alteration inhis tariff policy was actually (uite consistent with JacksonBs minimal;%o$ernment, reform;centered philosophy' He had nowarri$ed at the opinion that protection e)ploited the people, oth worker and planter, concentrated wealth in the hands of the feand produced Kthe %erms of dependence and $iceK so characteristic of monopolies and Kso destructi$e of lierty and the %ener%ood'K He had aided the system, he said, in order to collect enou%h re$enue to pay the national det' .ow Kthe staility of th4nionK dictated another course' K#t is my painful duty to state,K he went on, that opposition to the re$enue laws had risen to s

a hei%ht as to threaten Kif not to endan%er the inte%rity of the 4nion'K He hoped that a peaceful solution to the prolem could found throu%h the prudence and patriotism of the people and officials of outh Carolina' hould moderation and %ood sense fhowe$er, Jackson promised to return to Con%ress with su%%estions as to the est measures necessary to settle the matter onceand for all' Then he turned to other matters the +ank of the 4nited tates, pulic lands, internal impro$ements, and #ndianremo$al' His last para%raph reiterated his asic philosophy of %o$ernment maintain peace at home and aroad, and prescrielaws on Ka few su-ects of %eneral interestK not calculated to restrict indi$idual freedom ut to enforce human ri%hts' KThis@o$ernment will find its stren%th and its %lory in the faithful dischar%e of these plain and simple duties,K he concluded'Althou%h Jackson fer$ently hoped that his annual messa%e would not e)acerate the crisis with outh Carolina, he did notminimi=e the dan%er' #n a pri$ate memorandum which he entitled K.ullification in the outh to e carefully watched,K thePresident recorded the e$ents that had occurred to date how, Kafter playin% off the farce for se$eral years, Calhoun = Co atlen%thK succeeded in forcin% outh Carolina to adopt the doctrine of nullification and declare the tariff laws unconstitutional' then noted some of his own responses how instructions had %one out to the collector of the Charleston port in outh Carolina

that the re$enue laws were to e e)ecutedL how two companies of re%ular army troops had een ordered to reinforce the%arrisons in the portL and how @eor%e +reathitt of Sentucky had een sent to outh Carolina with instructions from thePresident to find the means to rin% the crisis under control' #ndeed, e$ents in outh Carolina had mo$ed $ery swiftly durin% last few weeks'


13/221

country with record speed' The defiance shocked and infuriated the President' As he prowled the corridors of the >hite Houshe uttered all kinds of sa$a%e threats, ut at no time did he allow his feelin%s to color his -ud%ment or influence his actions' #nmoments of crisis he e)ercised asolute control o$er his normally $olatile emotions' Joel Poinsett, a outh Carolina unionistwho pro$ided the President with reliale information on de$elopin% e$ents in his state, immediately reported on the proceedinof the Con$ention' He also %a$e Jackson an account of the condition of the se$eral military forts in the Charleston Haror;-uscase' ort "oultrie, he said, was Kin a $ery dilapidated stateK ut Castle Pinckney was Kin fine order'K ortunately, JacksonBspre$ious actions had pre$ented the sei=ure of these forts' Poinsett estimated that possily 00 to 1 ,000 unionists could emustered, pro$ided they could e armed, ut predicted that no $iolence was likely until eruary 1' After that date anythin%mi%ht happen' #n the stron%est possile terms, he reassured the President of the loyalty and dependaility of the union men inouth Carolina' K>e had rather die,K he wrote, Kthan sumit to the tyranny of such an oli%archy as J' C' Calhoun, James

Hamilton, /ot' *' Hayne and I@eor%e "c6uffie and we implore our sister states and the federal %o$t' to rescue us from thelawless and reckless men' Jackson responded immediately' K# fully concur with you in your $iews of .ullification,K he toldPoinsett' K#t leads directly to ci$il war and loodshed and deser$es the e)ecration of e$ery friend of the country'K He said he halready anticipated some of the Kprecautionary measuresK ad$ised y Poinsett' i$e hundred stand of muskets, for e)ample, wKcorrespondin% e(uipments,K had een ordered to Castle Pinckney, and a sloop of war with a smaller $essel had een dispatchto Charleston and would reach the city momentarily' @eneral >infield cott had een directed to take command of the entireoperation' #n addition, the commandin% officer at Castle Pinckney would e instructed y the secretary of war to deli$er thearms to the unionists in the state' hould circumstances so dictate, additional ordnance would e pro$ided' KThe 4nion must preser$ed,K Jackson reiterated, Kand its laws duly e)ecuted, ut y proper means'K >e must act, he went on, as Kthe instrumenof the law'K Poinsett was to tell the unionists Kthat perpetuity is stamped upon the constitution y the lood of our athers'K.othin% could dissol$e the 4nion' .othin%' Constitutional amendment was the process pro$ided to secure needed chan%es orimpro$e Kour system of free @o$ernment'K or this reason a state may not secede, much less Kha=ardK the 4nion'

53ulli(i!ation there(ore means insurre!tion and war and the other states ha%e a right to "ut it down. #t is important tnotice how careful Jackson was to act within the limits of the law' He talked tou%h ut he had made up his mind to use forceonly if asolutely necessary and with e)treme caution' He would luster and threaten, ut he mo$ed slowly and carefully' Heoperated within the law, and, as one historian later commented, this was to e Kthe hallmark of his statesmanship durin% the.ullification Crisis'K or e)ample, he %a$e orders that the citadel on the mainland in Charleston was to e relin(uished upondemand' ince outh Carolina owned the uildin%, prompt compliance would pre$ent an incident and head off any criticism tthe federal authorities acted ille%ally' +esides, remo$al of these troops and their concentration at the forts would stren%then thmilitary stance of the federal armed forces in Charleston' >hen in fact the outh Carolina le%islature demanded federalwithdrawal from the uildin% in early 6ecemer, the troops (uietly mo$ed to the forts in the haror and completely separatedthemsel$es from the outh Carolina mainland' 7$ents in outh Carolina then e%an to mo$e at a fri%htenin% clip towardconfrontation with the federal %o$ernment and possile ci$il war' The people of the state seemed to accept the


14/221

!hen an)ious memers of the 4nion Party in outh Carolina planned a demonstration of stren%th in Charleston oJuly :, the .ullifiers started to %et up a counter demonstration' Jackson recei$ed an in$itation from the 4nionists' He sent aletter e)pressin% the hope that the Kdeclarations inconsistent with an attachment for the 4nionK reflected nothin% more seriousthan Kmomentary e)citement'K +ut should the case pro$e otherwise, he promised to sustain the 4nion Kat all ha=ards' ?e)intheir rains for an answerin% stroke, the .ullifiers turned to John C' Calhoun' The ?ice President was summerin% in his nati$tate, his mind a maelstrom of dout and indecision' #n a Kfe$erishK con$ersation with a friend, Khe spoke of the three %reatinterests of the .ation, The .orth, the outh and the >est' ''' He thou%ht the period was approachin% that was to determine

whether they could e reconciled or not so as to perpetuate the 4nion'K or three years the $iews of the outh Carolinian hadeen in a state of transition' Co$ertly he had %uided the .ullifiers without repudiatin% the support of his nationalist friends' Thtime was at hand when he must march under the one anner or the other' outh as well as north, nationalists implored the ?icPresident not to desert them' >ith no $iew to affordin% Kpleasure to friends of @enFl Jackson,K a distin%uished @eor%ian warn"r' Calhoun that @eor%ia would oppose outh CarolinaBs rand of nullification' K# could not desire my enemy a worseemployment than to appear efore the people on this su-ect'K The @eor%ian followed e)actly the reasonin% of JacksonBs ourof July letter' K.ullification ' ' ' destroys not the Itariff law ut the %o$ernment' And for whatM or e$ils a thousand foldma%nified, ' ' ' Ci$il >ar'K 6uff @reen had rushed off to .ew *ork in an effort to eat up manifestations of friendly northernsentiment calculated to di$ert the ?ice President from an open espousal of the state so$erei%nty cause' @reen wrote to the@o$ernor of outh Carolina that at one swoop the .ullifiers were placin% the stron%est possile cards in JacksonBs hands andsnuffin% out the career of their first citi=en as a national statesman' KIHe asks,K related the @o$ernor, %i$in% a di%est of theletter, Kif we were all cra=y, ''' if we intended to start open reellion and insure the empire of the whore of >ashin%ton 2"rs' 7

suppose5'K The @o$ernor was unmo$ed, Kto these ci$il thin%s my /eply was ' ' ' that whether we decreed perpetual empire tothe >; of >ashin%ton or not, or started into reellion, we would aate not one -ot our =eal ''' for .ullification'KThe fire;eaters pre$ailed' Three weeks after JacksonBs messa%e was read in Charleston, John C' Calhoun pulished a len%thyAddress, takin% the leadership of the nullification mo$ement' #n this way the challen%in% nationalist of 189: at last steppeddown from his pedestal to marshal the forces of sectionalism, thou%h not without an eye to some comination of elements in tunpredictale panorama y which he mi%ht reascend to power' 7moldened y this adhesion, the nullificationist ma-ority in te%islature surpassed that of @eor%ia y sin%lin% out Jackson for attack' K#s this ' ' ' Iody to le%islate under the sword of theCommander;in;ChiefMK ecession was declared a ri%ht of any state, and it was defended as ein% neither treason norinsurrection' +ut unlike @eor%ia, outh Carolina did not suit action to the word' Andrew Jackson smoked his pipe and waited6espite an almost irretrie$ale reputation for actin% on impulse,


15/221

!.or was the President especially aroused y the warnin% that K.ullification continues to rumle like distant thunder in thesouth'K Calhoun is "rostrate, $a!kson re"lied. # heard one o( his est (ormer (riends say ... he ought to e hung."oreo$er, this KfriendK had offered to march with ten thousand $olunteers a%ainst the .ullifiers' KThese,K oser$ed ith the Charleston post office in the hands of .ullifiers, acourier ser$ice was estalished to keep Jackson in constant touch with Joel Poinsett' K.o state or states, the President wrote tleader of the 4nionists, Khas a ri%ht to secede' ' ' ' 3ulli(i!ation there(ore means insurre!tion and warL and other states ha$ri%ht to put it down'' ' ' I#n this position # am assured y all the memers with whom # ha$e con$ersed that # will e sustainedcon%ress' #f so, # will meet it at the threshold, and ha$e the leaders arrested and arrai%ned for treason' #n forty days # can ha$ewithin the limits of o' Carolina fifty thousand men, and in forty days more another fifty thousand'K 7lsewhere than in outh

Carolina an)ious eyes turned toward Andrew Jackson' KThose who ut yesterday,K said enator @eor%e "' 6allas ofPennsyl$ania, Kopposed your re;election with ferocity now loudly profess their reliance on your sa$in% the 4nion'K Con%resscon$ened amid %reat e)citement, which the PresidentBs messa%e did little to allay' This document seemed poor company for thmartial alarms and e$en more threatenin% pri$ate assertions of @eneral Jackson' #ts tone was conciliatory' urther tariffreductions were recommended and nothin% said of resistin% nullification y force' KThe messa%e,K remarked John QuincyAdams, K%oes to dissol$e the 4nion ' ' ' and is a complete surrender to the nullifiers'K


16/221

!+onfires la=ed, ells ran%, men paraded' "ilitary $olunteers offered themsel$es, state le%islatures denounced nullification'John Quincy Adams and 6aniel >ester -oined the President promptly and cordially' 7mittered Henry ClayBs ton%ue fell sile#n #llinois a $illa%e lawyer and captain of $olunteers, lately returned from participation in a detail of #ndian swindlin% whichhistory oscures ehind the respectale name of the +lack Hawk >ar, pored o$er the proclamation' #n 18E1 Araham incolnwas to read it a%ain efore composin% his inau%ural address' The story in outh Carolina was different' K@en JacksonBse)traordinary proclamation has -ust reached me,K wrote James H' Hammond, an editor of Columia, to /oert *' Hayne, whohad resi%ned his enate seat for the %o$ernorship of the emattled tate' K4pon the timid and i%norant of our party # fear it wiha$e %reat influence'K o did Hayne, who splashed his si%nature upon a counter;proclamation in which the @o$ernor promiseto maintain the so$erei%nty of outh Carolina or perish Keneath its ruins'K Proffers of military ser$ice poured upon the state7)ecuti$eL calls for commissions, for pistols, saers, powder and allL for HoytBs Tactics and an !FAstract for the "anoeu$re

of #nfantryF adopted y the last e%islature'K Hayne concentrated on the or%ani=ation of K"ounted "inute "enK to enale himto throw K9,00 of the elite of the whole state upon a %i$en point in three or four days The uniform of my staff will e the samas my Predecessors e)cept under oots and a short yellow crane Plume' Palmetto +uttons of a eautiful pattern may e had at/ocheFs Charleston' 4nion men refused to e o$erawed' K@od and ashin%ton a prisoner under char%e of treasonL and it seems more than proale that only the asence of an armed clashetween the opposin% forces in outh Carolina a$erted this' Pale ut determined, the outh Carolinian walked into the enatechamer on January :, 1833, and swore to uphold and defend the Constitution of the 4nited tates' Jackson charted a directcourse' K# am now waitin%,K he appri=ed ?an +uren, Kfor the Iofficial information from the assemly of o' Carolina of theirha$in% passed their laws for raisin% an army to resist the e)ecution of the laws, which will e a le$yin% of war, and # will mak

communication to Con%ress ' ' ' askIin% power to call upon $olunteers to ser$e as a posse commitatus of the ci$il authority' 'the Assemly authorises twel$e thousand men to resist the law, # will order thirty thousand to e)ecute IitK' Leaders o(nulli(i!ation would e sei7ed where%er (ound regardless o( the (or!e that surrounds them, ;and< deli%er;ed< into thehands o( the =udi!ial authority o( the nited /tates to e tried (or treason.The President was already scrutini=in% anin$entory of infantry, ca$alry and artillery weapons in the custody of the >ar 6epartment' The Life of Andrew Jacksony "ar(uis James, Part Two Portrait of a President, +ook i$e The !/ei%n, Chapter DDD#?word A%ainst 6isunion5, p' E19;E13


17/221

4'' upreme Court Case*ar"ury (+ *adison2eruary 9:, 18035

eft to ri%ht plaintiff >illiam "arury, Chief Justice John "arshall, and defendant 4'' ecretary of tate James "adison

!The >uestion, whether an a!t, re"ugnant to the !onstitution, !an e!ome the law o( the land, is a >uestion dee"lyinteresting to the nited /tatesL ut, happily, not of an intricacy proportioned to its interest' #t seems only necessary toreco%nise certain principles, supposed to ha$e een lon% and well estalished, to decide it' That the people ha$e an ori%inal rito estalish, for their future %o$ernment, such principles as, in their opinion, shall most conduce to their own happiness, is theasis on which the whole American faric has een erected' The e)ercise of this ori%inal ri%ht is a $ery %reat e)ertionL nor cannor ou%ht it to e fre(uently repeated' The principles, therefore, so estalished are deemed fundamental' And as the authority,from which they proceed, is supreme, and can seldom act, they are desi%ned to e permanent' This ori%inal and supreme willor%ani=es the %o$ernment, and assi%ns to different departments their respecti$e powers' #t may either stop hereL or estalishcertain limits not to e transcended y those departments' The %o$ernment of the 4nited tates is of the latter description' Th"owers o( the legislature are de(ined and limited and that those limits may not e mistaken or (orgotten, the !onstitutiis written. To what "ur"ose are "owers limited, and to what "ur"ose is that limitation !ommitted to writing if theselimits may, at any time, e passed y those intended to e restrainedM The distinction etween a %o$ernment with limited andunlimited powers is aolished, if those limits do not confine the persons on whom they are imposed, and if acts prohiited andacts allowed are of e(ual oli%ation' #t is a proposition too plain to e contested, that the constitution controls any le%islati$e arepu%nant to itL or, that the le%islature may alter the constitution y an ordinary actCertainly all those who ha$e framed writconstitutions contemplate them as formin% the fundamental and paramount law of the nation, and !onse>uently the theory oe%ery su!h go%ernment must e, that an a!t o( the legislature re"ugnant to the !onstitution is %oid#f an act of thele%islature, repu%nant to the constitution, is $oid, does it, notwithstandin% its in$alidity, ind the courts and oli%e them to %i$effectM


18/221


19/221

The rench Army under the command of .apoleon +onaparte celerates in +erlin ne)t to the +randenur% @ate on ars and implemented political reforms such as compulsory education'

eft @eor% >ilhelm riedrich He%el 2Au%ust 9N, 1NN0;.o$emer 1:, 18315, @erman professor of philosophy at 4ni$ersity of +er/i%ht @eneral Carl Philipp @ottfried $on Clausewit= 21N80;18315, Prussian army officer and military strate%ist

5War is nothing ut a duel on an e2tensi%e s!aleIWar there(ore is an a!t o( %iolen!e to !om"el our o""onent to (ul(illour will.6 @eneral Carl $on Clausewit=, n .ar, +ook 1, Chapter 1, Para%raph 9


20/221

American Civil War: Organized Crime?

James "adison

!8( all the enemies to "uli! lierty war is, "erha"s, the most to e dreaded, e!ause it!om"rises and de%elo"s the germ o( e%ery other. War is the "arent o( armies (rom these"ro!eed dets and ta2esL and armies, and dets, and ta)es are the known instruments for rin%inthe many under the domination of the few' #n war, too, the discretionary power of the 7)ecuti$e ise)tendedL its influence in dealin% out offices, honors, and emoluments is multipliedL and all themeans of seducin% the minds, are added to those of suduin% the force, of the people' The samemali%nant aspect in repulicanism may e traced in the ine(uality of fortunes, and the opportunitiof fraud, %rowin% out of a state of war, and in the de%eneracy of manners and of morals en%enderey oth' 3o nation !ould "reser%e its (reedom in the midst o( !ontinual war(are. 4'' Con%ressman James "adison, fromoitica "ser(ations, April 90, 1NG

John Jay

!+ut the safety of the people of America a%ainst dan%ers fromforei$nforce depends not only ontheir forearin% to %i$e/ustcauses of war to other nations, ut also on their placin% and continuin%themsel$es in such a situation as not to in(itehostility or insultL for it need not e oser$ed that thare&retendedas well as -ust causes of war' #t is too true, howe$er dis%raceful it may e to humannature, that nations in %eneral will make war whene$er they ha$e a prospect of %ettin% anythin% ynay, asolute monarchs will often make war when their nations are to %et nothin% y it, ut for thepurposes and o-ects merely personal, such as thirst for military %lory, re$en%e for personal affronamition, or pri$ate compacts to a%%randi=e or support their particular families or partisans' Theseand a $ariety of other moti$es, which affect only the mind of the so$erei%n, often lead him to en%ain wars not sanctified y -ustice or the $oice and interests of his people' John Jay,0ederaist.o' :

@en' medley 6' +utler

!>A/ is a racket' #t always has een' #t is possily the oldest, easily the most profitale, surely tmost $icious' #t is the only one international in scope' #t is the only one in which the profits arereckoned in dollars and the losses in li$es' A racket is est descried, # elie$e, as somethin% thatnot what it seems to the ma-ority of the people' hy would some poor slo on a farm want to risk hilife in a war when the est that he can %et out of it is to come ack to his farm in one pieceM.aturally, the common people donFt want warL neither in /ussia nor in 7n%land, nor in America, nfor that matter in @ermany' That is understood' +ut, after all, it is the leaders of the country whodetermine the policy and it is always a simple matter to dra% the people alon% whether itBs ademocracy, a fascist dictatorship, a parliament, or a communist dictatorship' ut $oice or no $othe people can always e rou%ht to the iddin% of the leaders' That is easy' All you ha$e to do is them they are ein% attacked, and denounce the pacifists for lack of patriotism and e)posin% thecountry to dan%er' #t works the same way in any country'

Hermann @oerin%, in a con$ersation with 4'' Army Captain @usta$e @ilert in a prison celldurin% the .uremer% trials, on April 18, 1G:E' from .uremer% 6iary, y @usta$e "' @ilert

@en' >illiam herman

!>ar is at est ararism # am tired and sick of war' #ts %lory is all moonshine' #t is only thosewho ha$e neither fired a shot, nor heard the shrieks and %roans of the wounded who cry aloud forlood, more $en%eance, more desolation' >ar is hell' 4'' Army @en' >illiam Tecumseh herman, Commandin% @eneral of the 4nited tates Army218EG;18835, in an address to the "ichi%an "ilitary Academy on June 1G, 18NG


21/221


22/221

he om), official headDuarters of he ?rder of "kull = Bones, is located at 7ale !ni2ersity on #lphonso aft 6left8, President !.". Crant3s "ecretary of War and !.". #ttorney Ceneral, and William


23/221

+odies of dead /eel soldiers killed in @ettysur%, Pennsyl$ania, 4''A' on July 1, 18E3, collected near the "cPherson wood2Photo irary of Con%ressOhttpOOwww'sonofthesouth'netOleefoundationO%ettysur%Odead;confederate;soldier'htm5
http://www.sonofthesouth.net/leefoundation/gettysburg/dead-confederate-soldier.htmhttp://www.sonofthesouth.net/leefoundation/gettysburg/dead-confederate-soldier.htmhttp://www.sonofthesouth.net/leefoundation/gettysburg/dead-confederate-soldier.htm


24/221


25/221

The keleton Srewe kull & +ones in the American Ci$il >ar

William 0. E2artsB.#. 7ale +*/

"pecial &iplomatic En2oyto Creat Britain and

9rance

William Barrett Wash)urnB.#. 7ale +*

!.". %ongressman6R-0ass., +*;-+*/+8


26/221

The keleton Srewe kull & +ones in the American Ci$il >ar

Re)el 6%onfederate8 BonesmenRichard aylor 6"=B +*@8 H Lieutenant Ceneral in the %onfederate #rmy %ommander of the &epartment of #la)ama, 0ississippi,and East Louisiana 6+*;-+*;@8 %ommander of the I%onfederateJ #rmy of ennessee 6+*;@8 "urrendered to the !nion #rmy near0o)ile, #la)ama on 0ay , +*;@ son of former !.". President Kachary aylor %onfederate President $efferson &a2is3s )rother-in-


27/221

9ederal 6!nion8 BonesmenWilliam 0. E2arts 6"=B +*/8 H "pecial &iplomatic En2oy to Creat Britain and 9rance under President #)raham LincolnCreen %lay 6"=B +*@8 H "ecretary of the !.". Legation at "t. Peters)urg, Russia 6+*;+8 "ecretary of the !.". Legation at urin and9lorence 6+*;(-+*;*8 %olonel, !nion #rmy son of former !.". %ongressman Brutus $unius %lay%onstantine %. Esty 6"=B +*@8 H #ssessor of Fnternal Re2enue 6+*;(-+*;; +*;/-+*/(8

William


28/221

The keleton Srewe kull & +ones durin% /econstruction 218E;18NN5

Co2ernment ?fficials>&aniel


29/221

Prominent "kull = Bones mem)ers during Reconstruction, from left to right> William B. Wash)urn, &aniel $ohn Wallace


30/221


31/221


32/221


33/221

# commercial treaty with Creat Britain, also known as $ay reaty 6left8, was ratified )y the !.". "enate in Philadelphia in $une +/@, despangry protests )y many #mericans 6right8, most of whom were sympathetic to 9rance and the ongoing 9rench Re2olution.

President and %ommander-in-%hief Ceorge Washington re2iews the army in %arlisle, Pennsyl2ania on ?cto)er +1, +/ as it departs tosuppress the Whiskey Re)ellion in western Pennsyl2ania. &isgruntled farmers in western Pennsyl2ania re)elled against a federal e4cise tamposed on whiskey. # total of +(,@1 troops led )y Co2ernor of Airginia


34/221

he Airginia Resolution, pu)lished in &ecem)er +/*, condemn the #lien and "edition #cts passed )y %ongress in $uly +/*. President $#dams waged a guerilla na2al war with 9rance from +/* to +*11, commonly known as the Muasi War. #lthough the Airginia and entucResolutions promoted nullification, neither resolution promoted secession. he Airginia Resolution supported a warm attachment to the !of the "tates.

Left painting> !.". Aice President #aron Burr $r. and former "ecretary of the reasury #le4ander


35/221

an/ o" the 9nited #tates: .austian ar+ain

he 9irst Bank of the !nited "tates in Philadelphia. homas $efferson opposed the esta)lishment of the 9irst Bank of the !nited "tates wh#le4ander


36/221

The >stalishment o" the (.irst) an/ o" the 9nited #tates

4'' ecretary of tate Thomas Jefferson 2left5 and Treasury ecretary Ale)ander Hamilton 2center5 confer with President @eor%e>ashin%ton in Philadelphia circa 1NG0;1NG3'2ashin%ton re(uested that Thomas Jefferson and Ale)ander Hamilton sumit their opinions on the +ank of the 4nittates in eruary 1NG1L after re$iewin% their opinions, President >ashin%ton a%reed with HamiltonFs opinion on the +ank of the4nited tates and si%ned the +ank ill into law on eruary 9, 1NG1'

?eas and &ays in the 9# @ouse o" epresentati2es on .eruary 8, 1;


37/221

?eas and &ays in the 9# #enate on January *0, 1;


38/221

James "adison, The +ank +ill, House of /epresentati$es2 Feb. 1791 Papers 13:376--78

The thirdclause is that which %i$es the power to pass all laws necessary and proper to e)ecute the specified powers'

>hate$er meanin% this clause may ha$e, none can e admitted, that would %i$e an unlimited discretion to Con%ress'

#ts meanin% must, accordin% to the natural and o$ious force of the terms and the conte)t, e limited to means necessaryto thend,and incidentto the natureof the specified powers'

The clause is in fact merely declaratory of what would ha$e resulted y una$oidale implication, as the appropriate, and as itwere, technical means of e)ecutin% those powers' #n this sense it had een e)plained y the friends of the constitution, andratified y the state con$entions'

The essential characteristic of the %o$ernment, as composed of limited and enumerated powers, would e destroyed #f insteaddirect and incidental means, any means could e used, which in the lan%ua%e of the preamle to the ill, Kmi%ht e concei$ed e conduci$e to the successful conductin% of the financesL or mi%ht e concei(edto tendto %i$efaciityto the otainin% ofloans'K He ur%ed an attention to the diffuse and ductile terms which had een found re(uisite to co$er the stretch of powercontained in the ill' He compared them with the terms necessaryand&ro&er,used in the Constitution, and asked whether it wpossile to $iew the two descriptions as synonimous, or the one as a fair and safe commentary on the other'

#f, proceeded he, Con%ress, y $irtue of the power to orrow, can create the means of lendin%, and in pursuance of these meancan incorporate a +ank, they may do any thin% whate$er creati$e of like means'

The 7ast;#ndia company has een a lender to the +ritish %o$ernment, as well as the +ank, and the outh;ea company is a%reater creditor than either' Con%ress then may incorporate similar companies in the 4nited tates, and that too not under theidea of re%ulatin% trade, ut under that of orrowin% money'

Pri$ate capitals are the chief resources for loans to the +ritish %o$ernment' >hate$er then may e concei$ed to fa$or theaccumulation of capitals may e done y Con%ress' They may incorporate manufacturers' They may %i$e monopolies in e$eryranch of domestic industry'

#f, a%ain, Con%ress y $irtue of the power to orrow money, can create the aility to lend, they may y $irtue of the power tole$y money, create the aility to pay it' The aility to pay ta)es depends on the %eneral wealth of the society, and this, on the%eneral prosperity of a%riculture, manufactures and commerce' Con%ress then may %i$e ounties and make re%ulations on all these o-ects'

The tates ha$e, it is allowed on all hands, a concurrent ri%ht to lay and collect ta)es' This power is secured to them not y itsein% e)pressly reser$ed, ut y its not ein% ceded y the constitution' The reasons for the ill cannot e admitted, ecause twould in$alidate that ri%htL why may it not e concei(edy Con%ress, that an uniform and e)clusi$e imposition of ta)es, wounot less than the proposed +anks Ke conduci(eto the successful conductin% of the national finances, and tendto$i(e faciitythe otainin% of re$enue, for the use of the %o$ernmentMK

The doctrine of implication is always a tender one' The dan%er of it has een felt in other %o$ernments' The delicacy was felt the adoption of our ownL the dan%er may also e felt, if we do not keep close to our chartered authorities'

"ark the reasonin% on which the $alidity of the ill depends' To orrow money is made the endand the accumulation ofcapitals, im&iedas the means' The accumulation of capitals is then the end,and a ank im&iedas the means' The ank is thethe end,and a charter of incorporation, a monopoly, capital punishments, &c' im&iedas the means'

#f implications, thus remote and thus multiplied, can e linked to%ether, a chain may e formed that will reach e$ery o-ect ofle%islation, e$ery o-ect within the whole compass of political economy'

The latitude of interpretation re(uired y the ill is condemned y the rule furnished y the constitution itself'

Con%ress ha$e power Kto re%ulate the $alue of moneyKL yet it is e)pressly added not left to e implied, that counterfeitors may

punished'


39/221

They ha$e the power Kto declare war,K to which armies are more incident, than incorporated +anks, to orrowin%L yet ise)pressly added, the power Kto raise and support armiesKL and to this a%ain, the e)press power Kto make rules and re%ulations the %o$ernment of armiesKL a like remark is applicale to the powers as to a na$y'

The re%ulation and callin% out of the militia are more appurtenant to war, than the proposed ank, to orrowin%L yet the formenot left to construction'

The $ery power to orrow money is a less remote implication from the power of war, than an incorporated monopoly ank, frthe power of orrowin%;;yet the power to orrow is not left to implication'

#t is not pretended that e$ery insertion or omission in the constitution is the effect of systematic attention' This is not thecharacter of any human work, particularly the work of a ody of men' The e)amples cited, with others that mi%ht e added,sufficiently inculcate ne$ertheless a rule of interpretation, $ery different from that on which the ill rests' They condemn thee)ercise of any power, particularly a %reat and important power, which is not e$idently and necessarily in$ol$ed in an e)presspower'

#t cannot e denied that the power proposed to e e)ercised is an important power'

As a charter of incorporation the ill creates an artificial person pre$iously not e)istin% in law' #t confers important ci$il ri%htand attriutes, which could not otherwise e claimed' #t is, thou%h not precisely similar, at least e(ui$alent, to the naturali=atioof an alien, y which certain new ci$il characters are ac(uired y him' >ould Con%ress ha$e had the power to naturali=e, if it

had not een e)pressly %i$enM

#n the power to make ye laws, the ill dele%ated a sort of le%islati$e power, which is un(uestionaly an act of a hi%h andimportant nature' He took notice of the only restraint on the ye laws, that they were not to e contrary to the law and theconstitution of the ankL and asked what law was intendedL if the law of the 4nited tates, the scantiness of their code would%i$e a power, ne$er efore %i$en to a corporation;;and ono)ious to the tates, whose laws would then e superceded not only the laws of Con%ress, ut y the ye laws of a corporation within their own -urisdiction' #f the law intended, was the law othe tate, then the tate mi%ht make laws that would destroy an institution of the 4nited tates'

The ill %i$es a power to purchase and hold landsL Con%ress themsel$es could not purchase lands within a tate Kwithout theconsent of its le%islature'K How could they dele%ate a power to others which they did not possess themsel$esM

#t takes from our successors, who ha$e e(ual ri%hts with oursel$es, and with the aid of e)perience will e more capale ofdecidin% on the su-ect, an opportunity of e)ercisin% that ri%ht, for an immoderate term'

#t takes from our constituents the opportunity of delieratin% on the untried measure, althou%h their hands are also to e tied for the same term'

#t in$ol$es a monopoly, which affects the e(ual ri%hts of e$ery citi=en'

#t leads to a penal re%ulation, perhaps capital punishments, one of the most solemn acts of so$erei%n authority'

rom this $iew of the power of incorporation e)ercised in the ill, it could ne$er e deemed an accessary or sualtern power, e deduced y implication, as a means of e)ecutin% another powerL it was in its nature a distinct, an independent and sustant

prero%ati$e, which not ein% enumerated in the constitution could ne$er ha$e een meant to e included in it, and not ein%included could ne$er e ri%htfully e)ercised'

He here ad$erted to a distinction, which he said had not een sufficiently kept in $iew, etween a power necessary and properfor the %o$ernment or union, and a power necessary and proper for e)ecutin% the enumerated powers' #n the latter case, thepowers included in each of the enumerated powers were not e)pressed, ut to e drawn from the nature of each' #n the formerthe powers composin% the %o$ernment were e)pressly enumerated' This constituted the peculiar nature of the %o$ernment, nopower therefore not enumerated, could e inferred from the %eneral nature of %o$ernment' Had the power of makin% treaties, e)ample, een omitted, howe$er necessary it mi%ht ha$e een, the defect could only ha$e een lamented, or supplied y anamendment of the constitution'


40/221

+ut the proposed ank could not e$en e called necessary to the %o$ernmentL at most it could e ut con$enient' #ts uses to th%o$ernment could e supplied y keepin% the ta)es a little in ad$ance;;y loans from indi$iduals;;y the other anks, o$erwhich the %o$ernment would ha$e e(ual commandL nay %reater, as it may %rant or refuse to these the pri$ile%e, made a free anirre$ocale %ift to the proposed ank, of usin% their notes in the federal re$enue'

The Founders' Constitution?olume 3, Article 1, ection 8, Clause 18, 6ocument GhttpOOpress;pus'uchica%o'eduOfoundersOdocumentsOa1818sG'htmlThe 4ni$ersity of Chica%o Press

The a&ers of James *adison' 7dited y >illiam T' Hutchinson et al' Chica%o and ondon 4ni$ersity of Chica%o Press,1GE9;;NN 2$ols' 1;;105L Charlottes$ille 4ni$ersity Press of ?ir%inia, 1GNN;;2$ols' 11;;5'

ource httpOOpress;pus'uchica%o'eduOfoundersOdocumentsOa1818sG'html

5#0m =ust a "atsy6:Aaron +urr, the ?ice President of the 4nited tates, assassinates Ale)ander Hamilton, former ecretarythe Treasury, in a duel at >eehawken, .ew Jersey on July 11, 180:' Ale)ander Hamilton died in .ew *ork City on July 19,180:'
http://press-pubs.uchicago.edu/founders/documents/a1_8_18s9.htmlhttp://press-pubs.uchicago.edu/founders/documents/a1_8_18s9.html


41/221

Thomas $e((erson, 8"inion on the Constitutionality o( the &ill (or 4stalishing a 3ational &ank15 Feb. 1791 Papers 19:275--80

The ill for estalishin% a .ational +ank undertakes, amon% other thin%s

1' to form the suscriers into a Corporation'

9' to enale them, in their corporate capacities to recei$e %rants of landL and so far is a%ainst the laws of *ortmain'1

3' to make aiensuscriers capale of holdin% lands, and so far is a%ainst the laws ofAiena$e'

:' to transmit these lands, on the death of a proprietor, to a certain line of successors and so far chan%es the course of Descen

' to put the lands out of the reach of forfeiture or escheat and so far is a%ainst the laws of0orfeiture and scheat'

E' to transmit personal chattels to successors in a certain line and so far is a%ainst the laws ofDistri"ution'

N' to %i$e them the sole and e)clusi$e ri%ht of ankin% under the national authority and so far is a%ainst the laws of *ono&oy

8' to communicate to them a power to make laws paramount to the laws of the states for so they must e construed, to protectthe institution from the controul of the state le%islaturesL and so, proaly they will e construed'

# consider the foundation of the Constitution as laid on this %round that Kall powers not dele%ated to the 4'' y the Constitutinot prohiited y it to the states, are reser$ed to the states or to the peopleK ID##th' Amendmt'' To take a sin%le step eyond toundaries thus specially drawn around the powers of Con%ress, is to take possession of a oundless feild of power, no lon%ersusceptile of any definition'

The incorporation of a ank, and other powers assumed y this ill ha$e not, in my opinion, een dele%ated to the 4'' y theConstitution'

#' They are not amon% the powers specially enumerated, for these are

1' A power to ay ta'esfor the purpose of payin% the dets of the 4'' +ut no det is paid y this ill, nor any ta) laid' >ere iill to raise money, itBs ori%ination in the enate would condemn it y the constitution'

9' Kto orrow money'K +ut this ill neither orrows money, nor ensures the orrowin% it' The proprietors of the ank will e -as free as any other money holders, to lend or not to lend their money to the pulic' The operation proposed in the ill, first tolend them two millions, and then orrow them ack a%ain, cannot chan%e the nature of the latter act, which will still e apayment, and not a loan, call it y what name you please'

3' Kto re%ulate commerce with forei%n nations, and amon% the states, and with the #ndian tries'K To erect a ank, and to re%ulcommerce, are $ery different acts' He who erects a ank creates a su-ect of commerce in itBs ills so does he who makes aushel of wheat, or di%s a dollar out of the mines' *et neither of these persons re%ulates commerce therey' To erect a thin%which may e ou%ht and sold, is not to prescrie re%ulations for uyin% and sellin%' +esidesL if this was an e)ercise of the

power of re%ulatin% commerce, it would e $oid, as e)tendin% as much to the internal commerce of e$ery state, as to itBse)ternal' or the power %i$en to Con%ress y the Constitution, does not e)tend to the internal re%ulation of the commerce of astate 2that is to say of the commerce etween citi=en and citi=en5 which remains e)clusi$ely with itBs own le%islatureL ut to ite)ternal commerce only, that is to say, itBs commerce with another state, or with forei%n nations or with the #ndian tries'Accordin%ly the ill does not propose the measure as a Kre%ulation of trade,K ut as Kproducti$e of considerale ad$anta%e totrade'K

till less are these powers co$ered y any other of the special enumerations'

##' .or are they within either of the %eneral phrases, which are the two followin%'

1' KTo lay ta)es to pro$ide for the %eneral welfare of the 4''K that is to say Kto lay ta)es for the &ur&oseof pro$idin% for the

%eneral welfare'K or the layin% of ta)es is the&owerand the %eneral welfare the&ur&osefor which the power is to e e)ercis
http://press-pubs.uchicago.edu/founders/documents/a1_8_18s10.html#note1http://press-pubs.uchicago.edu/founders/documents/a1_8_18s10.html#note1http://press-pubs.uchicago.edu/founders/documents/a1_8_18s10.html#note1


42/221

They are not to lay ta)es ad liitumfor any &ur&ose they &ease2ut only to&ay the de"ts or &ro(ide for the wefare of the#nion' #n like manner they are not to do anythin$ they &easeto pro$ide for the %eneral welfare, ut only to ay ta'esfor thatpurpose' To consider the latter phrase, not as descriin% the purpose of the first, ut as %i$in% a distinct and independent poweto do any act they please, which mi%ht e for the %ood of the 4nion, would render all the precedin% and suse(uentenumerations of power completely useless' #t would reduce the whole instrument to a sin%le phrase, that of institutin% aCon%ress with power to do whate$er would e for the %ood of the 4'' and as they would e the sole -ud%es of the %ood or e$it would e also a power to do whate$er e$il they pleased' #t is an estalished rule of construction, where a phrase will eareither of two meanin%s, to %i$e it that which will allow some meanin% to the other parts of the instrument, and not that whichwould render all the others useless' Certainly no such uni$ersal power was meant to e %i$en them' #t was intended to lace theup straitly within the enumerated powers, and those without which, as means, these powers could not e e carried into effect

is known that the $ery power now proposed as a means,was re-ected as an end,y the Con$ention which formed theconstitution' A proposition was made to them to authori=e Con%ress to open canals, and an amendatory one to empower themincorporate' +ut the whole was re-ected, and one of the reasons of re-ection ur%ed in deate was that then they would ha$e apower to erect a ank, which would render the %reat cities, where there were pre-udices and -ealousies on that su-ect ad$ersethe reception of the constitution'

9' The second %eneral phrase is Kto make all laws necessaryand proper for carryin% into e)ecution the enumerated powers'K +they can all e carried into e)ecution without a ank' A ank therefore is not necessary,and conse(uently not authorised y thphrase'

#t has een much ur%ed that a ank will %i$e %reat facility, or con$enience in the collection of ta)es' uppose this were true ythe constitution allows only the means which are KnecessaryK not those which are merely Kcon$enientK for effectin% theenumerated powers' #f such a latitude of construction e allowed to this phrase as to %i$e any non;enumerated power, it will %to e$ery one, for Ithere is no one which in%enuity may not torture into a con(enience, in some way or other,tosome oneof slon% a list of enumerated powers' #t would swallow up all the dele%ated powers, and reduce the whole to one phrase as eforeoser$ed' Therefore it was that the constitution restrained them to the necessarymeans, that is to say, to those means withoutwhich the %rant of the power would e nu%atory'

+ut let us e)amine this con(enience,and see what it is' The report on this su-ect, pa%e 3' states the only$eneracon$eniencee the pre$entin% the transportation and re;transportation of money etween the states and the treasury' 2or # pass o$er theincrease of circulatin% medium ascried to it as a merit, and which, accordin% to my ideas of paper money is clearly a demerit7$ery state will ha$e to pay a sum of ta);money into the treasury and the treasury will ha$e to pay, in e$ery state, a part of thinterest on the pulic det, and salaries to the officers of %o$ernment resident in that state' #n most of the states there will still a surplus of ta);money to come up to the seat of %o$ernment for the officers residin% there' The payments of interest and salarin each state may e made y treasury;orders on the state collector' This will take up the %reater part of the money he hascollected in his state, and conse(uently pre$ent the %reat mass of it from ein% drawn out of the state' #f there e a alance ofcommerce in fa$our of that state a%ainst the one in which the %o$ernment resides, the surplus of ta)es will e remitted y theills of e)chan%e drawn for that commercial alance' And so it must e if there was a ank' +ut if there e no alance ofcommerce, either direct or circuitous, all the anks in the world could not rin% up the surplus of ta)es ut in the form of monTreasury orders then and ills of e)chan%e may pre$ent the displacement of the main mass of the money collected, without thaid of any ank and where these fail, it cannot e pre$ented e$en with that aid'

Perhaps indeed ank ills may e a more con(enient$ehicle than treasury orders' +ut a little differencein the de%ree ofcon(enience,cannot constitute the necessity which the constitution makes the %round for assumin% any non;enumerated powe

+esidesL the e)istin% anks will without a dout, enter into arran%ements for lendin% their a%ency and the more fa$ourale, athere will e a competition amon% them for it whereas the ill deli$ers us up ound to the national ank, who are free to refuall arran%ement, ut on their own terms, and the pulic not free, on such refusal, to employ any other ank' That of Philadelph# elie$e, now does this usiness, y their post;notes, which y an arran%ement with the treasury, are paid y any state collectto whom they are presented' This e)pedient alone suffices to pre$ent the e)istence of that necessitywhich may -ustify theassumption of a non;enumerated power as a means for carryin% into effect an enumerated one' The thin% may e done, and haeen done, and well done without this assumptionL therefore it does not stand on that de%ree of necessitywhich can honestly-ustify it'

#t may e said that a ank, whose ills would ha$e a currency all o$er the states, would e more con$enient than one whosecurrency is limited to a sin%le state' o it would e still more con$enient that there should e a ank whose ills should ha$e acurrency all o$er the world' +ut it does not follow from this superior con$eniency that there e)ists anywhere a power to estasuch a ankL or that the world may not %o on $ery well without it'


43/221

Can it e thou%ht that the Constitution intended that for a shade or two of con(enience,more or less, Con%ress should eauthorised to reak down the most antient and fundamental laws of the se$eral states, such as those a%ainst "ortmain, the lawof aliena%e, the rules of descent, the acts of distriution, the laws of escheat and forfeiture, the laws of monopolyM .othin% unecessity in$incile y any other means, can -ustify such a prostration of laws which constitute the pillars of our whole systemof -urisprudence' >ill Con%ress e too strait;laced to carry the constitution into honest effect, unless they may pass o$er thefoundation;laws of the state;%o$ernments for the sli%htest con$enience to theirsM

The .e%ati$e of the President is the shield pro$ided y the constitution to protect a%ainst the in$asions of the le%islature 1' theri%hts of the 7)ecuti$e 9' of the Judiciary 3' of the states and state le%islatures' The present is the case of a ri%ht remainin%e)clusi$ely with the states and is conse(uently one of those intended y the constitution to e placed under his protection'

#t must e added howe$er, that unless the PresidentBs mind on a $iew of e$ery thin% which is ur%ed for and a%ainst this ill, istoleraly clear that it is unauthorised y the constitution, if the pro and the con han% so e$en as to alance his -ud%ment, a -ustrespect for the wisdom of the le%islature would naturally decide the alance in fa$our of their opinion' #t is chiefly for caseswhere they are clearly misled y error, amition, or interest, that the constitution has placed a check in the ne%ati$e of thePresident'

1' Thou%h the constitution controuls the laws of "ortmain so far as to permit Con%ress itself to hold lands for certainpurposes, yet not so far as to permit them to communicate a similar ri%ht to other corporate odies'

The Founders' Constitution

?olume 3, Article 1, ection 8, Clause 18, 6ocument 10httpOOpress;pus'uchica%o'eduOfoundersOdocumentsOa1818s10'htmlThe 4ni$ersity of Chica%o Press

The a&ers of Thomas Jefferson' 7dited y Julian P' +oyd et al' Princeton Princeton 4ni$ersity Press, 1G0;;'

ource httpOOpress;pus'uchica%o'eduOfoundersOdocumentsOa1818s10'html
http://press-pubs.uchicago.edu/founders/documents/a1_8_18s10.htmlhttp://press-pubs.uchicago.edu/founders/documents/a1_8_18s10.html


44/221

1le2ander 'amilton, 8"inion on the Constitutionality o( the &ank23 Feb. 1791 Papers 8:97--106

The ecretary of the Treasury ha$in% perused with attention the papers containin% the opinions of the ecretary of tate andAttorney @eneral concernin% the constitutionality of the ill for estalishin% a .ational +ank proceeds accordin% to the order the President to sumit the reasons which ha$e induced him to entertain a different opinion'

#t will naturally ha$e een anticipated that, in performin% this task he would feel uncommon solicitude' Personal consideratioalone arisin% from the reflection that the measure ori%inated with him would e sufficient to produce it' The sense which he h

manifested of the %reat importance of such an institution to the successful administration of the department under his particulacare, and an e)pectation of serious ill conse(uences to result from a failure of the measure, do not permit him to e withoutan)iety on pulic accounts' +ut the chief solicitude arises from a firm persuasion, that principles of construction like thoseespoused y the ecretary of tate and the Attorney @eneral would e fatal to the -ust and indispensale authority of the 4nittates'

#n enterin% upon the ar%ument it ou%ht to e premised, that the o-ections of the ecretary of tate and Attorney @eneral arefounded on a %eneral denial of the authority of the 4nited tates to erect corporations' The latter indeed e)pressly admits, thatthere e anythin% in the ill which is not warranted y the constitution, it is the clause of incorporation'

.ow it appears to the ecretary of the Treasury, that this$enera &rinci&e is inherentin the $ery definitionof !o(ernmentanessentiato e$ery step of the pro%ress to e made y that of the 4nited tates, namely;;that e$ery power $ested in a @o$ernm

is in its natureso(erei$n,and includes yforceof the term,a ri%ht to employ all the meansre(uisite, and fairly a&&ica"eto attainment of the endsof such powerL and which are not precluded y restrictions and e)ceptions specified in the constitutionnot immoral, or not contrary to the essential ends of political society'

This principle in its application to @o$ernment in %eneral would e admitted as an a)iom' And it will e incument upon thoswho may incline to deny it, to&ro(ea distinction and to shew that a rule which in the %eneral system of thin%s is essential to tpreser$ation of the social order, is inapplicale to the 4nited tates'

The circumstances that the powers of so$erei%nty are in this country di$ided etween the .ational and tate @o$ernments, donot afford the distinction re(uired' #t does not follow from this, that each of the&ortionsof powers dele%ated to the one or to tother is not so$erei%n with re$ard to its &ro&er o"/ects' #t will onlyfoowfrom it, that each has so$erei%n power as to certainthin$s,and not as to other thin$s' To deny that the @o$ernment of the 4nited tates has so$erei%n power as to its declared

purposes and trusts, ecause its power does not e)tend to all cases, would e e(ually to deny, that the tate @o$ernments ha$eso$erei%n power in any caseL ecause their power does not e)tend to e$ery case' The tenth section of the first article of theconstitution e)hiits a lon% list of $ery important thin%s which they may not do' And thus the 4nited tates would furnish thesin%ular spectacle of a&oitica societywithoutso(erei$nty,or of a people$o(ernedwithout$o(ernment'

#f it would e necessary to rin% proof to a proposition so clear as that which affirms that the powers of the federal @o$ernmeas to its o"/ects,are so$erei%n, there is a clause of its constitution which would e decisi$e' #t is that which declares, that theconstitution and the laws of the 4nited tates made in pursuance of it, and all treaties made or which shall e made under theiauthority shall e the supreme law of the land' The power which can create the u&reme awof the land, in any case, is doutso$erei%n as to such case'

This %eneral and indisputale principle puts at once an end to the a"stract(uestion' >hether the 4nited tates ha$e power toerect a cor&orationthat is to say, to %i$e a e$aor artificia ca&acityto one or more persons, distinct from the natural' or iun(uestionaly incident toso(erei$n &owerto erect corporations, and conse(uently to thatof the 4nited tates, in reation tothe o"/ectsintrusted to the mana%ement of the %o$ernment' The difference is this;;where the authority of the %o$ernment is%eneral, it can create corporations in a cases2where it is confined to certain ranches of le%islation, it can create corporationonly in those cases'

Here then as far as concerns the reasonin%s of the ecretary of tate and the Attorney @eneral, the affirmati$e of theconstitutionality of the ill mi%ht e permitted

American Civil War: Organized Crime?

Documents

Transcript of American Civil War: Organized Crime?