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Emancipatory and Participatory
Research for Emerging
Educational Researchers
Joe Barton attained his MRes from the University of Bath, UK. He has
been involved in disability sport as both a sportsperson and a coach and now
counsels young people with disabilities on career choices and development.
We are increasingly living in an era where students and researchers are under severe
time pressures, whilst the amount of research topics, methodologies, data collection
methods and ethical questions continue to grow. The Qualitative and Visual Meth-
odologies in Educational Research series provides concise, accessible texts that take
account of the methodological issues that emerge out of researching educational issues.
They are ideal reading for all those designing and implementing unfamiliar qualitative
research methods, from undergraduates to the most experienced researchers.
Books in the series:
Acknowledgments viii
Biographies ix
1 Introduction 1
The context of emancipatory paradigm and
participatory methodology 1
From philosophy to paradigm 1
Critique of the emancipatory paradigm and a call
for alternatives 3
A rundown of the chapters 4
Introduction 40
The context of the project 41
The development of the sessions 43
The approach to using emancipatory participatory
methodology 45
The design of the methodology 45
Data collection methods 46
The findings from the participatory practice 48
Intersubjective validity 48
Contextual validity 51
Participatory validity 52
Catalytic validity 55
Ethical validity 56
Empathic validity 57
Problems that arose through participation and the
development of further validities 59
Tensions caused during participatory practice 60
A breakdown of the tensions that caused the
problems 61
Contents vii
Concluding discussion—addressing the tensions
within the group 64
5 Conclusion 67
References 70
Appendix 74
Index 76
Acknowledgments
We would like to thank all the participants in the projects that became the
case studies in Chapters 3 and 4. We could not have written this without
them. We would also like to acknowledge our families for their support dur-
ing the research and writing of this book, particularly during the difficult
days of the COVID-19 pandemic.
Biographies
Joe Barton attained his MRes from the University of Bath. He has been
involved in disability sport since childhood, as both a sportsperson and
as a coach, and he now counsels young people with disabilities on career
choices and development.
Simon Hayhoe is Reader in Education at the University of Bath. He is also
a center associate in the Centre for the Philosophy of Natural and Social
Science, London School of Economics, and an associate of the Scottish
Sensory Centre, University of Edinburgh. He was until recently a tech-
nical advisor to the World Health Organization. Simon’s current work
focuses on qualitative and visual methodologies, visual impairment and
education, disability arts, access to cultural heritage, and accessible and
inclusive technology.
Contributor Biographies (Chapter 4):
Helena Garcia Carrizosa is a research associate and PhD student at the Open
University. From October 2016 to January 2020, she was a partner of the
European Commission’s ARCHES project. Before working for the Open
University, she studied at the Courtauld Institute of Art and University
College London and worked for the National Portrait Gallery.
Jonathan Rix is a professor of learning support at the Open University. His
research interests focus on policies, practices, and language that facili-
tate inclusion within the mainstream; capturing diverse perspectives; and
developing models to facilitate our thinking about the form and func-
tion of education. Professor Rix has a strong and broad interest in issues
relating to learning difficulties and issues of equality and participation.
Kieron Sheehy is Professor of Education (Innovation Pedagogies) at the
Open University. His research interests are within the broad field of
inclusive education, often focusing on how teaching approaches or
x Biographies
services can be developed to successfully support diverse groups of
learners. Professor Sheehy supervises research within this area and has
an interest in addressing issues for those who might be stigmatized and
excluded within educational systems.
Jane Seale is Professor of Education at the Open University. She has devel-
oped a national and international profile in the field through key roles
such as President of the Association for Learning Technology (2006–
2007) and Digital Inclusion Consultant to the ESRC-funded Technol-
ogy Enhanced Learning (TEL) Programme in the UK (2009–2012).
Between 2007 and 2010, Professor Seale was Codirector of the ESRC
National Centre for Research Methods. She has recently served on the
Research Excellence Framework (REF) 2014 education panel in the UK
that was responsible for assessing the quality of research conducted in
UK universities.
1 Introduction
DOI: 10.4324/9781003083924-1
2 Introduction
the widespread public lobbying of government and institutions for disability
rights using professionally inspired investigations and evidence (Barnes and
Mercer 2010).
Following this early social movement, contemporary writing on research,
emancipation, and people with disabilities can arguably be traced to a spe-
cial issue of the journal Disability, Handicap & Society, now known as Dis-
ability & Society, in 1992. This issue explored issues surrounding traditional
philosophies of social studies and introduced Oliver’s (1992) thesis that
traditional research excluded people with disabilities and contributed to the
wider oppression and exclusion of disabled communities. Consequently, Oli-
ver called for a renegotiation of the nature of disability research and for the
elaboration of an emancipatory research framework, in particular, that, if fol-
lowed, would improve rather than restrict the lives of disabled communities.
Oliver’s (1992) most important proposal for the renegotiation of research
and the “emancipation” of people with disabilities was to insist on a rebal-
ancing of power relations between the researcher and the researched.
This process significantly involved realigning the role of participants in
the design and planning process of a given study and putting the skills of
researchers at the participants’ disposal.
Following the advent of the emancipatory paradigm, and with the sup-
port of academics of disability studies and contemporary disability organi-
zations, research projects that promote the voices and demands of people
with disabilities have now proliferated since the new millennium (Barnes
2003). Furthermore, support for the emancipatory paradigm can be seen to
be influenced by Priestley et al.’s (2010) exploration of organizations pro-
moting the rights of people with disabilities in Europe.
Since 1992, there have also been multiple reviews of and alternating
approaches to emancipatory research, requiring a clarification of terminol-
ogy of the contemporary research processes. This book’s approach follows
Danieli and Woodham’s (2005) in referring to Oliver’s original philosophy
of emancipatory research as an emancipatory paradigm to distinguish it
from other forms of emancipatory research. In addition, the approach in this
book also adopts Stone and Priestley’s (1996) principles of emancipatory
research as the values of its emancipatory model, including:
Introduction
This chapter discusses the model of the emancipatory paradigm and partici-
patory methodology used in educational studies, which as we stated earlier
will be shortened to emancipatory participatory methodology throughout
the rest of this book. This methodology was designed to explore the experi-
ences of people with disabilities, while remaining consistent with a theoreti-
cal framework of ableism. To do so, this chapter outlines, links, and reviews
the consequences of the philosophical orientation and methods of data col-
lection and analysis, which emancipatory participatory studies employ.
In addition, it will explore the ethical dimensions of the case studies of
emancipatory participatory research in the following two chapters. Before
beginning this process, however, it is necessary to define a methodological
paradigm in the context of this book and place the approach to research we
discuss within this paradigm. For the purposes of this book, methodological
paradigms are defined as being what a particular methodology is, the ontol-
ogy of the people who pursue that methodology, and how this methodology
differs from others.
According to Markula and Silk (2011), paradigms are approaches to
research underpinned by philosophical assumptions, and these assumptions
fall into one of the two categories: positivist and postpositivist. These cat-
egories are, respectively, associated with the use of primarily quantitative
and qualitative methods, and thus the research aims of any given study lead
the study toward a positivist or postpositivist paradigm. In addition, it is
important to understand how this methodological paradigm affects research
involving the study of disability and more importantly people with disabili-
ties. Thus, in the following chapter, we discuss the context and nature of
emancipatory and participatory research.
Within the context of education, the emancipatory participatory meth-
odology discussed in this book is both postpositivist and relies heavily on
DOI: 10.4324/9781003083924-2
Emancipatory and participatory research 7
qualitative data collection methods. These approaches are more appro-
priate for four reasons: first, they help the research study and capture the
deep nuances of experience that is important to help participants “tell their
story”; second, the number of potential, let alone actual, participants in an
emancipatory and participatory study would often be too low to generate
significant and reliable findings for any given research project (Markula
and Silk 2011); third, as emancipatory and participatory studies are gener-
ally sited within the field of disability studies, these types of study politi-
cally and socially reject the assumption that participants with disabilities
are homogenous and vulnerable (Nuwagaba and Rule 2015); fourth, post-
positivist practices in particular are seen as allied to more ethical forms of
research practice and other forms of emancipatory research (Oliver 1992).
Consequently, within this paradigm, postpositivist approaches often
employ specific processes in place during the course of their studies to be
reflexive and respond to the needs of participants that go beyond regular
ethical practices. For example, in emancipatory participatory studies, par-
ticipants with sensory impairments should receive information and consent
forms in more appropriate formats according to their needs and their access
preferences—more on this is presented in Chapter 4. Furthermore, partici-
pants with intellectual impairments and access needs may require different
consent procedures according to their specific needs and preferences. Again,
assumptions should also never be made about what these preferences are, as
they should be led by the participant (Mietola et al. 2017). Similarly, reflex-
ivity is an important part of research studies influenced by emancipatory
principles (Oliver 1992) and should be employed as a tool for making the
research process visible or knowable, in whatever form, to all its participants
(Markula and Silk 2011). Thus, it is a central tenet of emancipatory partici-
patory studies that all researchers should employ reflexive practice through
methods such as research diaries and discussions within groups of partici-
pants to continually improve its ethical and practical processes.
[People] with disabilities are human beings with inalienable rights and
that these rights can only be secured through collective political action.
It arises out of the realization that, as historian Paul Longmore has writ-
ten, “whatever the social setting and whatever the disability, people
with disabilities share a common experience of social oppression.”
(Bancroft Library 2004, Para 1)
Because of its focus on improving the lives of those that it serves, eman-
cipatory participatory methodology can also include a range of stakehold-
ers, users of technology, and members of institutions in the development of
data, as long as its aims are to emancipate. This methodology also allows
participants to guide the form of data that are collected, to critically evaluate
existing practices, technologies, and policies, and to provide feedback on
inclusion and technologies that are created under its auspices.
In practice, emancipatory participatory methodologies are those that
promote the engagement of participants to examine their own inclusion
and support through self-advocacy and agency (White et al. 2010). Sub-
sequently, forms of participatory practice are implemented in institutional
settings by actively involving disabled people in the decision-making and
design processes of the research and ethics. In addition, participants are
often asked to suggest possible uses and the contexts of uses of the out-
comes of the research.
10 Emancipatory and participatory research
Importantly, the work at hand in emancipatory participatory studies is
conducted using a nonclassificatory approach to disability, impairments,
and access needs (Rix 2007; Hayhoe 2019). This approach finds that no two
people have the same preferences and that people should not be classified
according to a single impairment. For instance, participants should not be
identified as “sensory impaired” or “learning disabled,” and everyone can
be assumed to have overlapping impairments of one form or another to
some degree or other.
The assumption that all people have access preferences also means
that those who run the institutions or those who hold power often also
have access preferences themselves. Therefore, the voices of people
who are researchers, managers, and educators should be heard in the
development of emancipatory participatory studies based on their own
personal experience. Furthermore, these voices are seen as being equally
valid as those who are recruited because they represented people who
it is assumed have difficulties associated with deficit and exclusion by
the institution.
What now follows in this chapter is an examination of the ethical issues
that often arise during the process of these studies, an examination of sam-
pling and data collection methods that are usually associated with these
types of study, the forms of data analysis used in these studies, and the bar-
riers to emancipatory participatory research projects in this order.
From this statement, it was understood that the first sentence implied that
any participant with a disability could be “particularly vulnerable,” a statement
that was fundamentally at odds with the purpose of the study. In particular,
the perspective of traditional models of disability studies on this issue is that
it is disabling and discriminatory to assume that someone with a disability is
particularly vulnerable (Oliver 1992). Consequently, for the study to continue
forward as a piece of emancipatory participatory research, it had to reject this
assumption yet continue to adhere to its other suggested procedures.
However, during the writing of this book, it was also decided that reject-
ing substantial elements of the BSA’s code had the potential to be equally
problematic. In particular, as mentioned in the second sentence of the afore-
mentioned statement, there are impairments, special needs, and disabilities
that affect the ability of people to give their fully informed consent. Fur-
thermore, the topics of disability and experiences of impairment, special
needs, and disability can be sensitive (Durham et al. 2014), thus collect-
ing data using participatory practice without due consideration of that fact
could itself breach the BSA (2017) guidelines. Consequently, given these
circumstances, it was decided that the most ethical course of action was to
For those studies that require it, during emancipatory participatory stud-
ies, the first stage of anonymization should go beyond simply changing
the names of participants by removing all irrelevant personal information
during transcription. This irrelevant information can include deleting all
specific descriptions of their impairment, special need, or disability. Fur-
thermore, when referring to a participant with a specific impairment, no ref-
erence to any other details of that person should be included in the transcript
or analysis of their data.
Upon recruiting participants to the study, anonymity should also be
maintained by asking the participants to contact the researcher individually
should they be interested in taking part, thus reducing the risk of allow-
ing participants to be identified by others. The recruitment procedures then
target as many members of the institution that is the focus of the study as
12 Emancipatory and participatory research
possible to prevent limiting the participant pool to an even smaller and more
identifiable population.
Introduction
This chapter presents a case of an emancipatory influenced project that was
informed by participatory methodology for a postgraduate degree in the
social sciences and examining higher education. It describes how emancipa-
tory data collection, analysis, and representation procedures were developed
and implemented as part of a small-scale research project, and then devel-
oped for publication and assessment as a successful Master of Research
(MRes) dissertation. Although its strategies and techniques are unique and
adapted from standard research degree practices, they are also applicable to
other postgraduate degrees or final-year undergraduate dissertations.
This original research project was titled “An emancipatory investigation
of the experiences of academics with invisible disabilities at the University
of Bath.” It was designed to hear, engage with, and promote the voices of
disabled academics working at the University of Bath, UK, as well as to
provide guidance on how to address the inequalities that the project brought
to light. The aim of what now follows in this chapter is to present a real-
istic application of emancipatory and participatory considerations in the
postgraduate research process; to show how such considerations can shape
projects; and to highlight the implications of these studies on practice and
how these studies can be designed and presented as part of a postgraduate
research assignment.
The study was unique in its application of an emancipatory paradigm as
it was a project working with disabled academics at a single university by
a master’s student, who was developing his own skills and knowledge of
the field himself. Thus, one of the prominent issues of the study was power
and the awkward nature of researching with participants who potentially
have more power than the student who is undertaking a study as part of
their assessment. The approach used to develop the project was applied in
three sections: First, a critical literature review located the project within the
DOI: 10.4324/9781003083924-3
A small university-based postgraduate project 21
field of disability studies, outlined the context of disability in academia, and
enabled an appropriate research question to be identified; second, primary
data were collected using semi-structured interviews with academics who
self-identified as having a disability; third, the interview data were analyzed
using critical thematic analysis, which also engaged the participants in
checking procedures that they had contributed to themselves. In this chap-
ter, the second and third stages of this process are presented as a single case
study to provide a model of the preparation and application of fieldwork.
Research methodologies
The research design principles were underpinned by a contemporary under-
standing of the emancipatory research paradigm, which forms a large part
of this book. In practice, these principles influenced the design of the proj-
ect through three modes of emancipatory participatory methodology.
The first mode of methodology was the subject of the research, as to
resist inequitable settings, the research needed to focus on specific episodes
that could be inequitable. The choice to focus on disabled academics began
as one of the author’s own personal interest, as he studied initially mate-
rial focusing on disabled students prior to the project but noticed that stud-
ies mentioning disabled academics were rare. However, this interest and
the suspicion that disabled academics may face inequitable circumstances
were not sufficient justification on its own. I needed to be able to show a
gap in the research and, in the case of emancipatory research, the nature of
the potentially inequitable circumstances. After an initial, informal scoping
review of the literature showed the importance of these issues, the critical
literature review was used to formally claim that the environment of aca-
demia is hostile to disabled academics.
The second mode was the considerations of the potential consequences of
all the research decisions about the participants and the research aims that
were made throughout the research process. This was necessary because of
the acknowledgment that emancipatory researchers must make of the power
embedded in the research process, originating in the philosophical assump-
tions that the study makes about the nature of research, the relative posi-
tions of the researcher and participant, and the social and cultural nature
of disability. These considerations are shown throughout this summary of
methodologies and methods.
The third mode that was considered was the emancipatory principles that
affected the research design through its impact, objectives, and aims, which
in turn led to the development with the participants of a set of targets to
achieve through the research. For instance, if the research did not attempt
A small university-based postgraduate project 23
to improve the circumstances of the participants and disabled academics in
general, then it was felt that it would fail in its aim to be an emancipatory
project.
From this quote, however, the first sentence was interpreted to imply that
any participant with a disability should be considered “particularly vulner-
able,” a statement that was fundamentally disagreed with in this project and
against the paradigm of emancipation. That is to say, just because a person
has a disability, it should not be automatically assumed that they were not
capable of standing up for themselves or advocating for themselves. Thus,
this assumption was felt to be symbolic and representative of historically
patronizing attitudes, and it is disabling and discriminatory to assume that
someone with a disability is more vulnerable than any other (Oliver 1992).
After rejecting components of the BSA code and recognizing that it had
the potential to be problematic, it was equally recognized that the topic of
disability and the experiences of impairment and disability can be sensitive
A small university-based postgraduate project 27
(Durham et al. 2014). Consequently, interviewing without due consideration
of these sensitivities could have unnecessarily and unfairly breached the code
without due consideration (BSA 2017). Thus, the decision was taken to adapt
the following ethical practices and ontological positions from the code:
Huge. It’s also a facilitator. I’m in the job that it’s hardest for me to
do because it’s all about writing and presenting and arguing and it’s
all high pressured and hugely precise. So you’re not just writing stuff,
you’re writing stuff for an international audience where you’re meant
to be at the top level, and writing’s really hard for me. So it is, but I
also come at things differently often from how other people in the room
come in things. . . . So yes it has been a barrier. I suffer hugely from
stress and that’s linked to having this condition and being under high
pressure to do this kind of work.
In addition, one participant felt that her career had been limited because
of the extra time and effort she had to dedicate to fulfilling certain tasks as
part of their role took time away from conducting research, while another
participant was worried that in the future she would have to ask themselves
“will I be able to do that?” too see if her condition would permit her to take
the jobs she would like to do. Another point that was repeatedly emphasized
30 A small university-based postgraduate project
during the interviews was the consequences of the experiences of impair-
ment were not a choice but a physical or psychological manifestation,
“sometimes I have to stop because I’m hurting, even when my mind doesn’t
want to.”
The ability to say that “I understand, I also have a disability and I’m
working through it,” you can quite physically see the relief that some-
one says its normal, that they can get the support they need for them.
I tell all of my students about it quite early on, because I think it’s
important for them to be aware . . . one, if they’re disabled that there is
someone there who has achieved, but also that is going to be empathetic,
A small university-based postgraduate project 31
but also for people who aren’t to see someone who is disabled to stand
in front of them and doing a lecture and performing well.
Support
Through participants’ experience of workplace culture and access to and
provision of more tangible support during their day-to-day activities at the
university, a number of positive experiences were shared. Out of the five
participants, four had applied for and received support from the univer-
sity, though one of those four did so in the role of a PhD student rather
than as a member of staff. The support they received ranged from access
to accessible technologies to lowering a part of their workload, which had
most negatively interacted with their impairment. When asked how they felt
about the support they received, all four were generally positive, with one
participant remarking that “if in my earlier career I was given what I have
now . . . then my career would be very different.” In particular, the partici-
pant felt that the university department dealing with accessible technology
ably supported two of the participants and received significant and justifi-
able praise for their work:
He [the officer working in the department] was the one person who
has helped me the most. Not just in practical terms, but you could see
that he was a person who could understand what I was going through.
And so that’s also important, because sometimes you get what you
need done but it’s hard to see the personal side . . . so sometimes it’s
34 A small university-based postgraduate project
important that you can see someone understands what you’re going
through.
There were also several flaws in the support offered to a number of par-
ticipants in the study. The most common flaw was that, when compared to
students with disabilities, staff with disabilities were felt to require lower
quality support and remain less visible. For instance, one participant said
that “if a staff member has an issue, I think it gets deprioritized compared
to a student issue,” something she felt was due to the status of students as a
source of income. Similarly, another participant was aware of the details of
the support offered to disabled students by the Disabled Students Allowance
and the university disability service but thought that staff would “have to
sort it out [themselves]. By sort out, I mean figuring out who you had to talk
to about what.” An important addendum to these feelings of lower value to
the university was that both participants believed that once they did find the
appropriate source, then an appropriate range of support became available.
Another random document with
no related content on Scribd:
its own means, within its own borders, for its own exemption from
European colonial intrusion.
No question in its day excited more intemperate discussion,
excitement, and feeling between the Executive and the Senate, and
none died out so quickly, than this, relative to the proposed congress
of American nations. The chief advantage to be derived from its
retrospect—and it is a real one—is a view of the firmness with which
the minority maintained the old policy of the United States, to avoid
entangling alliances and interference with the affairs of other
nations; and the exposition, by one so competent as Mr. Adams, of
the true scope and meaning of the Monroe doctrine.
At the session of 1825–26 attempt was again made to procure an
amendment to the Constitution, in relation to the mode of election of
President and Vice-President, so as to do away with all intermediate
agencies, and give the election to the direct vote of the people. In the
Senate the matter was referred to a committee who reported
amendments dispensing with electors, providing for districts equal
in number to the whole number of Senators and Representatives to
which the State was entitled in Congress, and obviating all excuses
for caucuses and conventions to concentrate public opinion by
providing that in the event of no one receiving a majority of the
whole number of district votes cast, that a second election should be
held limited to the two persons receiving the highest number of
votes; and in case of an equal division of votes on the second election
then the House of Representatives shall choose one of them for
President, as is prescribed by the Constitution. The idea being that
the first election, if not resulting in any candidate receiving a
majority, should stand for a popular nomination—a nomination by
the people themselves, out of which the election is almost sure to be
made on the second trial. The same plan was suggested for choosing
a Vice-President, except that the Senate was to finally elect, in case of
failure to choose at first and second elections. The amendments did
not receive the requisite support of two-thirds of either the Senate or
the House. This movement was not of a partisan character; it was
equally supported and opposed respectively by Senators and
Representatives of both parties. Substantially the same plan was
recommended by President Jackson in his first annual message to
Congress, December 8, 1829.
It is interesting to note that at this Session of 1825 and ’26,
attempt was made by the Democrats to pass a tenure of office bill, as
applicable to government employees and office-holders; it provided
“that in all nominations made by the President to the Senate, to fill
vacancies occasioned by an exercise of the President’s power to
remove from office, the fact of the removal shall be stated to the
Senate at the same time that the nomination is made, with a
statement of the reasons for which such officer may have been
removed.” It was also sought at the same time to amend the
Constitution to prohibit the appointment of any member of Congress
to any federal office of trust or profit, during the period for which he
was elected; the design being to make the members wholly
independent of the Executive, and not subservient to the latter, and
incapable of receiving favors in the form of bestowals of official
patronage.
The tariff of 1828 is an era in our political legislation; from it the
doctrine of “nullification” originated, and from that date began a
serious division between the North and the South. This tariff law was
projected in the interest of the woolen manufacturers, but ended by
including all manufacturing interests. The passage of this measure
was brought about not because it was favored by a majority, but
because of political exigencies. In the then approaching presidential
election, Mr. Adams, who was in favor of the “American System,”
supported by Mr. Clay (his Secretary of State) was opposed by
General Jackson. This tariff was made an administration measure,
and became an issue in the canvass. The New England States, which
had formerly favored free trade, on account of their commercial
interests, changed their policy, and, led by Mr. Webster, became
advocates of the protective system. The question of protective tariff
had now not only become political, but sectional. The Southern
States as a section, were arrayed against the system, though prior to
1816 had favored it, not merely as an incident to revenue, but as a
substantive object. In fact these tariff bills, each exceeding the other
in its degree of protection, had become a regular appendage of our
presidential elections—carrying round in every cycle of four years,
with that returning event; starting in 1816 and followed up in 1820–
24, and now in 1828; with successive augmentations of duties; the
last being often pushed as a party measure, and with the visible
purpose of influencing the presidential election. General Jackson was
elected, having received 178 electoral votes to 83 received by John
Quincy Adams. Mr. Richard Rush, of Pennsylvania, who was on the
ticket with Mr. Adams, was defeated for the office of Vice-President,
and John C. Calhoun, of South Carolina, was elected to that office.
The election of General Jackson was a triumph of democratic
principle, and an assertion of the people’s right to govern themselves.
That principle had been violated in the presidential election in the
House of Representatives in the session of 1824–25; and the
sanction, or rebuke, of that violation was a leading question in the
whole canvass. It was also a triumph over the high protective policy,
and the federal internal improvement policy, and the latitudinous
construction of the Constitution; and of the democracy over the
federalists, then called national republicans; and was the re-
establishment of parties on principle, according to the landmarks of
the early years of the government. For although Mr. Adams had
received confidence and office from Mr. Madison and Mr. Monroe,
and had classed with the democratic party during the “era of good
feeling,” yet he had previously been federal; and on the re-
establishment of old party lines which began to take place after the
election of Mr. Adams in the House of Representatives, his affinities
and policy became those of his former party; and as a party, with
many individual exceptions, they became his supporters and his
strength. General Jackson, on the contrary, had always been
democratic, so classing when he was a Senator in Congress under the
administration of the first Mr. Adams; and when party lines were
most straightly drawn, and upon principle, and as such now
receiving the support of men and States which took this political
position at that time, and maintained it for years afterwards; among
the latter, notably the States of Virginia and Pennsylvania.
The short session of 1829–30 was rendered famous by the long
and earnest debates in the Senate on the doctrine of nullification, as
it was then called. It started by a resolution of inquiry introduced by
Mr. Foot of Connecticut; it was united with a proposition to limit the
sales of the public lands to those then in the market—to suspend the
surveys of the public lands—and to abolish the office of Surveyor-
General. The effect of such a resolution, if sanctioned upon inquiry
and carried into legislative effect, would have been to check
emigration to the new States in the West, and to check the growth
and settlement of these States and Territories. It was warmly
opposed by Western members. The debate spread and took an
acrimonious turn, and sectional, imputing to the quarter of the
Union from which it came an old and early policy to check the
growth of the West at the outset by proposing to limit the sale of the
Western lands, by selling no tract in advance until all in the rear was
sold out; and during the debate Mr. Webster referred to the famous
ordinance of 1787 for the government of the northwestern territory,
and especially the anti-slavery clause which it contained.
Closely connected with this subject to which Mr. Webster’s
remarks, during the debate, related, was another which excited some
warm discussion—the topic of slavery—and the effect of its existence
or non-existence in different States. Kentucky and Ohio were taken
for examples, and the superior improvement and population of Ohio
were attributed to its exemption from the evils of slavery. This was
an excitable subject, and the more so because the wounds of the
Missouri controversy in which the North was the undisputed
aggressor, were still tender. Mr. Hayne from South Carolina
answered with warmth and resented as a reflection upon the Slave
States this disadvantageous comparison. Mr. Benton of Missouri
followed on the same side, and in the course of his remarks said, “I
regard with admiration, that is to say, with wonder, the sublime
morality of those who cannot bear the abstract contemplation of
slavery, at the distance of five hundred or a thousand miles off.” This
allusion to the Missouri controversy, and invective against the free
States for their part in it, by Messrs. Hayne and Benton, brought a
reply from Mr. Webster, showing what their conduct had been at the
first introduction of the slavery topic in the Congress of the United
States, and that they totally refused to interfere between master and
slave in any way whatever. But the topic which became the leading
feature of the whole debate, and gave it an interest which cannot die,
was that of nullification—the assumed right of a State to annul an act
of Congress—then first broached in the Senate—and in the
discussion of which Mr. Webster and Mr. Hayne were the champion
speakers on opposite sides—the latter voicing the sentiments of the
Vice-President, Mr. Calhoun. This turn in the debate was brought
about, by Mr. Hayne having made allusion to the course of New
England during the war of 1812, and especially to the assemblage
known as the Hartford Convention, and to which designs unfriendly
to the Union had been attributed. This gave Mr. Webster an
opportunity to retaliate, and he referred to the public meetings which
had just then taken place in South Carolina on the subject of the
tariff, and at which resolves were passed, and propositions adopted
significant of resistance to the act; and consequently of disloyalty to
the Union. He drew Mr. Hayne into their defence and into an avowal
of what has since obtained the current name of “Nullification.” He
said, “I understand the honorable gentleman from South Carolina to
maintain, that it is a right of the State Legislature to interfere,
whenever, in their judgment, this government transcends its
constitutional limits, and to arrest the operation of its laws,*** that
the States may lawfully decide for themselves, and each State for
itself, whether, in a given case, the act of the general government
transcends its powers,*** that if the exigency of the case, in the
opinion of any State government require it, such State government
may, by its own sovereign authority, annul an act of the general
government, which it deems plainly and palpably unconstitutional.”
Mr. Hayne was evidently unprepared to admit, or fully deny, the
propositions as so laid down, but contented himself with stating the
words of the Virginia Resolution of 1798, as follows: “That this
assembly doth explicitly and peremptorily declare, that it views the
powers of the federal government as resulting from the compact, to
which the States are parties, as limited by the plain sense and
intention of the instrument constituting that compact, as no farther
valid than they are authorized by the grants enumerated in that
compact, and that, in case of a deliberate, palpable and dangerous
exercise of other powers, not granted by the said compact, the States
who are parties thereto have the right, and are in duty bound, to
interpose, for arresting the progress of the evil, and for maintaining,
within their respective limits, the authorities, rights, and liberties
appertaining to them.”
This resolution came to be understood by Mr. Hayne and others on
that side of the debate, in the same sense that Mr. Webster stated, as
above, he understood the gentleman from the South to interpret it.
On the other side of the question, he argued that the doctrine had no
foundation either in the Constitution, or on the Virginia resolutions
—that the Constitution makes the federal government act upon
citizens within the States, and not upon the States themselves, as in
the old confederation: that within their Constitutional limits the laws
of Congress were supreme—and that it was treasonable to resist
them with force: and that the question of their constitutionality was
to be decided by the Supreme Court: with respect to the Virginia
resolutions, on which Mr. Hayne relied, Mr. Webster disputed the
interpretation put upon them—claimed for them an innocent and
justifiable meaning—and exempted Mr. Madison from the suspicion
of having framed a resolution asserting the right of a State legislature
to annul an Act of Congress, and thereby putting it in the power of
one State to destroy a form of government which he had just labored
so hard to establish.
Mr. Hayne on his part gave (as the practical part of his doctrine)
the pledge of forcible resistance to any attempt to enforce
unconstitutional laws. He said, “The gentleman has called upon us to
carry out our scheme practically. Now, sir, if I am correct in my view
of this matter, then it follows, of course, that the right of a State
being established, the federal government is bound to acquiesce in a
solemn decision of a State, acting in its sovereign capacity, at least so
far as to make an appeal to the people for an amendment to the
Constitution. This solemn decision of a State binds the federal
government, under the highest constitutional obligation, not to
resort to any means of coercion against the citizens of the dissenting
State.*** Suppose Congress should pass an agrarian law, or a law
emancipating our slaves, or should commit any other gross violation
of our constitutional rights, will any gentlemen contend that the
decision of every branch of the federal government, in favor of such
laws, could prevent the States from declaring them null and void,
and protecting their citizens from their operation?*** Let me assure
the gentlemen that, whenever any attempt shall be made from any
quarter, to enforce unconstitutional laws, clearly violating our
essential rights, our leaders (whoever they may be) will not be found
reading black letter from the musty pages of old law books. They will
look to the Constitution, and when called upon by the sovereign
authority of the State, to preserve and protect the rights secured to
them by the charter of their liberties, they will succeed in defending
them, or ‘perish in the last ditch.’”
These words of Mr. Hayne seem almost prophetic in view of the
events of thirty years later. No one then believed in anything serious
in the new interpretation given to the Virginia resolutions—nor in
anything practical from nullification—nor in forcible resistance to
the tariff laws from South Carolina—nor in any scheme of disunion.
Mr. Webster’s closing reply was a fine piece of rhetoric, delivered
in an elaborate and artistic style, and in an apparent spirit of deep
seriousness. He concluded thus—“When my eyes shall be turned to
behold, for the last time, the sun in heaven, may I not see him
shining on the broken and disfigured fragments of a once glorious
Union; on States dissevered, discordant, belligerent; on a land rent
with civil feuds, or drenched, it may be, in fraternal blood. Let their
last feeble and lingering glance, rather, behold the gorgeous ensign of
the Republic, now known and honored throughout the earth, still full
high advanced, its arms and trophies streaming in their original
lustre, not a stripe erased or polluted, nor a single star obscured,
bearing for its motto no such miserable interrogatory as, What is all
this worth? nor those other words of delusion and folly, Liberty first
and Union afterwards; but everywhere, spread all over in characters
of living light, blazing in all its ample folds, as they float over the sea
and over the land, and in every wind under the whole heavens, that
other sentiment, dear to every true American heart—Liberty and
Union, now and forever, one and inseparable!”
President Jackson in his first annual message to Congress called
attention to the fact of expiration in 1836 of the charter of
incorporation granted by the Federal government to a moneyed
institution called The Bank of the United States, which was originally
designed to assist the government in establishing and maintaining a
uniform and sound currency. He seriously doubted the
constitutionality and expediency of the law creating the bank, and
was opposed to a renewal of the charter. His view of the matter was
that if such an institution was deemed a necessity it should be made
a national one, in the sense of being founded on the credit of the
government and its revenues, and not a corporation independent
from and not a part of the government. The House of
Representatives was strongly in favor of the renewal of the charter,
and several of its committees made elaborate, ample and
argumentative reports upon the subject. These reports were the
subject of newspaper and pamphlet publication; and lauded for their
power and excellence, and triumphant refutation of all the
President’s opinions. Thus was the “war of the Bank” commenced at
once in Congress, and in the public press; and openly at the instance
of the Bank itself, which, forgetting its position as an institution of
the government, for the convenience of the government, set itself up
as a power, and struggled for continued existence, by demand for
renewal of its charter. It allied itself at the same time to the political
power opposed to the President, joined in all their schemes of
protective tariff, and national internal improvement, and became the
head of the American system. Its moneyed and political power,
numerous interested affiliations, and control over other banks and
fiscal institutions, was truly great and extensive, and a power which
was exercised and made to be felt during the struggle to such a
degree that it threatened a danger to the country and the government
almost amounting to a national calamity.
The subject of renewal of the charter was agitated at every
succeeding session of Congress down to 1836, and many able
speeches made for and against it.
In the month of December, 1831, the National Republicans, as the
party was then called which afterward took the name of “whig,” held
its convention in Baltimore, and nominated candidates for President
and Vice-President, to be voted for at the election in the autumn of
the ensuing year. Henry Clay was the candidate for the office of
President, and John Sergeant for that of Vice-President. The
platform or address to the people presented the party issues which
were to be settled at the ensuing election, the chief subjects being the
tariff, internal improvement, removal of the Cherokee Indians, and
the renewal of the United States Bank charter. Thus the bank
question was fully presented as an issue in the election by that part of
its friends who classed politically against President Jackson. But it
had also Democratic friends without whose aid the re-charter could
not be got through Congress, and they labored assiduously for it. The
first Bank of the United States, chartered in 1791, was a federal
measure, favored by General Hamilton, opposed by Mr. Jefferson,
Mr. Madison, and the Republican party; and became a great
landmark of party, not merely for the bank itself, but for the
latitudinarian construction of the constitution in which it was
founded, and the precedent it established that Congress might in its
discretion do what it pleased, under the plea of being “necessary” to
carry into effect some granted power. The non-renewal of the charter
in 1811, was the act of the Republican party, then in possession of the
government, and taking the opportunity to terminate, upon its own
limitation, the existence of an institution whose creation they had
not been able to prevent. The charter of the second bank, in 1816,
was the act of the Republican party, and to aid them in the
administration of the government, and, as such, was opposed by the
Federal party—not seeming then to understand that, by its instincts,
a great moneyed corporation was in sympathy with their own party,
and would soon be with it in action—which the bank soon was—and
now struggled for a continuation of its existence under the lead of
those who had opposed its creation and against the party which
effected it. Mr. Webster was a Federal leader on both occasions—
against the charter in 1816; for the re-charter in 1832. The bill passed
the Senate after a long and arduous contest; and afterwards passed
the House, quickly and with little or no contest at all.
It was sent to the President, and vetoed by him July 10, 1832; the
message stating his objections being an elaborate review of the
subject; the veto being based mainly on the unconstitutionality of the
measure. The veto was sustained. Following this the President after
the adjournment removed from the bank the government deposits,
and referred to that fact in his next annual message on the second
day of December, 1833, at the opening of the first session of the
twenty-third Congress. Accompanying it was the report of the
Secretary of the Treasury, Hon. Roger B. Taney, afterwards Chief
Justice of the Supreme Court of the United States, giving the reasons
of the government for the withdrawal of the public funds. Long and
bitter was the contest between the President on the one side and the
Bank and its supporters in the Senate on the other side. The conduct
of the Bank produced distress throughout the country, and was so
intended to coerce the President. Distress petitions flooded
Congress, and the Senate even passed resolutions of censure of the
President. The latter, however, held firm in his position. A committee
of investigation was appointed by the House of Representatives to
inquire into the causes of the commercial embarrassment and the
public distress complained of in the numerous distress memorials
presented to the two Houses during the session; and whether the
Bank had been instrumental, through its management of money, in
producing the distress and embarrassment of which so much
complaint was made; to inquire whether the charter of the Bank had
been violated, and what corruptions and abuses, if any, existed in its
management; and to inquire whether the Bank had used its
corporate power or money to control the press, to interpose in
politics, or to influence elections. The committee were granted ample
powers for the execution of these inquiries. It was treated with
disdain and contempt by the Bank management; refused access to
the books and papers, and the directors and president refused to be
sworn and testify. The committee at the next session made report of
their proceedings, and asked for warrants to be issued against the
managers to bring them before the Bar of the House to answer for
contempt; but the friends of the Bank in the House were able to
check the proceedings and prevent action being taken. In the Senate,
the President was sought to be punished by a declination by that
body to confirm the President’s nomination of the four government
directors of the Bank, who had served the previous year; and their re-
nomination after that rejection again met with a similar fate. In like
manner his re-nomination of Roger B. Taney to be Secretary of the
Treasury was rejected, for the action of the latter in his support of the
President and the removal of the public deposits. The Bank had lost
much ground in the public estimation by resisting the investigation
ordered and attempted by the House of Representatives, and in
consequence the Finance Committee of the Senate made an
investigation, with so weak an attempt to varnish over the affairs and
acts of the corporation that the odious appellation of “white-washing
committee” was fastened upon it. The downfall of the Bank speedily
followed; it soon afterwards became a total financial wreck, and its
assets and property were seized on executions. With its financial
failure it vanished from public view, and public interest in it and
concern with it died out.
About the beginning of March, 1831, a pamphlet was issued in
Washington, by Mr. John C. Calhoun, the Vice-President, and
addressed to the people of the United States, explaining the cause of
a difference which had taken place between himself and the
President, General Jackson, instigated as the pamphlet alleged, by
Mr. Van Buren, and intended to make trouble between the first and
second officers of the government, and to effect the political
destruction of himself (Mr. Calhoun) for the benefit of the contriver
of the quarrel, the then Secretary of State, and indicated as a
candidate for the presidential succession upon the termination of
Jackson’s term. The differences grew out of certain charges against
General Jackson respecting his conduct during the Seminole war
which occurred in the administration of President Monroe. The
President justified himself in published correspondence, but the
inevitable result followed—a rupture between the President and
Vice-President—which was quickly followed by a breaking up and
reconstructing the Cabinet. Some of its members classed as the
political friends of Mr. Calhoun, and could hardly be expected to
remain as ministers to the President. Mr. Van Buren resigned; a new
Cabinet was appointed and confirmed. This change in the Cabinet
made a great figure in the party politics of the day, and filled all the
opposition newspapers, and had many sinister reasons assigned to it
—all to the prejudice of General Jackson and Mr. Van Buren.
It is interesting to note here that during the administration of
President Jackson,—in the year 1833,—the Congress of the United
States, as the consequence of the earnest efforts in that behalf, of Col.
R. M. Johnson, of Kentucky, aided by the recommendation and
support of the President, passed the first laws, abolishing
imprisonment for debt, under process from the Courts of the United
States: the only extent to which an act of Congress could go, by force
of its enactments; but by force of example and influence, has led to
the cessation of the practice of imprisoning debtors, in all, or nearly
all, of the States and Territories of the Union; and without the evil
consequences which had been dreaded from the loss of this remedy
over the person. The act was a total abolition of the practice, leaving
in full force all the remedies against fraudulent evasions of debt.
The American system, and especially its prominent feature of a
high protective tariff was put in issue, in the Presidential canvass of
1832; and the friends of that system labored diligently in Congress in
presenting its best points to the greatest advantage; and staking its
fate upon the issue of the election. It was lost; not only by the result
of the main contest, but by that of the congressional election which
took place simultaneously with it. All the States dissatisfied with that
system, were satisfied with the view of its speedy and regular
extinction, under the legislation of the approaching session of
Congress, excepting only South Carolina. She has held aloof from the
Presidential contest, and cast her electoral votes for persons who
were not candidates—doing nothing to aid the election of General
Jackson, with whom her interests were apparently identified. On the
24th November, 1832, two weeks after the election which decided the
fate of the tariff, that State issued an “Ordinance to nullify certain
acts of the Congress of the United States, purporting to be laws
laying duties and imposts on the importation of foreign
commodities.” It declared that the Congress had exceeded its
constitutional powers in imposing high and excessive duties on the
theory of “protection,” had unjustly discriminated in favor of one
class or employment, at the expense and to the injury and oppression
of other classes and individuals; that said laws were in consequence
not binding on the State and its citizens; and declaring its right and
purpose to enact laws to prevent the enforcement and arrest the
operation of said acts and parts of the acts of the Congress of the
United States within the limits of that State after the first day of
February following. This ordinance placed the State in the attitude of
forcible resistance to the laws of the United States, to take effect on
the first day of February next ensuing—a date prior to the meeting of
the next Congress, which the country naturally expected would take
some action in reference to the tariff laws complained of. The
ordinance further provided that if, in the meantime, any attempt was
made by the federal government to enforce the obnoxious laws,
except through the tribunals, all the officers of which were sworn
against them, the fact of such attempt was to terminate the
continuance of South Carolina in the Union—to absolve her from all
connection with the federal government—and to establish her as a
separate government, wholly unconnected with the United States or
any State. The ordinance of nullification was certified by the
Governor of South Carolina to the President of the United States, and
reached him in December of the same year; in consequence of which
he immediately issued a proclamation, exhorting the people of South
Carolina to obey the laws of Congress; pointing out and explaining
the illegality of the procedure; stating clearly and distinctly his firm
determination to enforce the laws as became him as Executive, even
by resort to force if necessary. As a state paper, it is important as it
contains the views of General Jackson regarding the nature and
character of our federal government, expressed in the following
language: “The people of the United States formed the constitution,
acting through the State Legislatures in making the compact, to meet
and discuss its provisions, and acting in separate conventions when
they ratified those provisions; but, the terms used in the constitution
show it to be a government in which the people of all the States
collectively are represented. We are one people in the choice of
President and Vice-President. Here the States have no other agency
than to direct the mode in which the votes shall be given. * * * The
people, then, and not the States, are represented in the executive
branch. * * * In the House of Representatives the members are all
representatives of the United States, not representatives of the
particular States from which they come. They are paid by the United
States, not by the State, nor are they accountable to it for any act
done in the performance of their legislative functions. * * *
“The constitution of the United States, then, forms a government,
not a league; and whether it be formed by a compact between the
States, or in any other manner, its character is the same. It is a
government in which all the people are represented, which operates
directly on the people individually, not upon the States—they
retained all the power they did not grant. But each State, having
expressly parted with so many powers as to constitute, jointly with
the other States, a single nation, cannot, from that period, possess
any right to secede, because such secession does not break a league,
but destroys the unity of the nation, and any injury to that unity, is
not only a breach which could result from the contravention of a
compact, but it is an offence against the whole Union. To say that any
State may at pleasure secede from the Union, is to say that the
United States are not a nation; because it would be a solecism to
contend that any part of a nation might dissolve its connection with
the other parts, to their injury or ruin, without committing any
offence.”
Without calling on Congress for extraordinary powers, the
President in his annual message, merely adverted to the attitude of
the State, and proceeded to meet the exigency by the exercise of the
powers he already possessed. The proceedings in South Carolina not
ceasing, and taking daily a more aggravated form in the organization
of troops, the collection of arms and of munitions of war, and in
declarations hostile to the Union, he found it necessary early in
January to report the facts to Congress in a special message, and ask
for extraordinary powers. Bills for the reduction of the tariff were
early in the Session introduced into both houses, while at the same
time the President, though not relaxing his efforts towards a peaceful
settlement of the difficulty, made steady preparations for enforcing
the law. The result of the bills offered in the two Houses of Congress,
was the passage of Mr. Clay’s “compromise” bill on the 12th of
February 1833, which radically changed the whole tariff system.
The President in his message on the South Carolina proceedings
had recommended to Congress the revival of some acts, heretofore in
force, to enable him to execute the laws in that State; and the
Senate’s committee on the judiciary had reported a bill accordingly
early in the session. It was immediately assailed by several members
as violent and unconstitutional, tending to civil war, and denounced
as “the bloody bill”—the “force bill,” &c. The bill was vindicated in
the Senate, by its author, who showed that it contained no novel
principle; was substantially a revival of laws previously in force; with
the authority superadded to remove the office of customs from one
building or place to another in case of need. The bill was vehemently
opposed, and every effort made to render it odious to the people, and
even extend the odium to the President, and to every person urging
or aiding in its passage. Mr. Webster justly rebuked all this
vituperation, and justified the bill, both for the equity of its
provisions, and the necessity for enacting them. He said, that an
unlawful combination threatened the integrity of the Union; that the
crisis called for a mild, temperate, forbearing but inflexibly firm
execution of the laws; and finally, that public opinion sets with an
irresistible force in favor of the Union, in favor of the measures
recommended by the President, and against the new doctrines which
threatened the dissolution of the Union. The support which Mr.
Webster gave to these measures was the regular result of the
principles which he laid down in his first speeches against
nullification in the debate with Mr. Hayne, and he could not have
done less without being derelict to his own principles then avowed.
He supported with transcendent ability, the cause of the constitution
and of the country, in the person of a President to whom he was
politically opposed, whose gratitude and admiration he earned for
his patriotic endeavors. The country, without distinction of party, felt
the same; and the universality of the feeling was one of the grateful
instances of popular applause and justice when great talents are seen
exerting themselves for the good of the country. He was the colossal
figure on the political stage during that eventful time; and his labors,
splendid in their day, survive for the benefit of distant posterity.
During the discussion over the re-charter of the Bank of the United
States, which as before mentioned, occupied the attention of
Congress for several years, the country suffered from a money panic,
and a general financial depression and distress was generally
prevalent. In 1834 a measure was introduced into the House, for
equalizing the value of gold and silver, and legalizing the tender of
foreign coin, of both metals. The good effects of the bill were
immediately seen. Gold began to flow into the country through all
the channels of commerce, foreign and domestic; the mint was busy;
and specie payment, which had been suspended in the country for
thirty years, was resumed, and gold and silver became the currency
of the land; inspiring confidence in all the pursuits of industry.
As indicative of the position of the democratic party at that date,
on the subject of the kind of money authorized by the Constitution,
Mr. Benton’s speech in the Senate is of interest. He said: “In the first
place, he was one of those who believed that the government of the
United States was intended to be a hard-money government; that it
was the intention and the declaration of the Constitution of the
United States, that the federal currency should consist of gold and
silver, and that there is no power in Congress to issue, or to authorize
any company of individuals to issue, any species of federal paper
currency whatsoever. Every clause in the Constitution (said Mr. B.)
which bears upon the subject of money—every early statute of
Congress which interprets the meaning of these clauses—and every
historic recollection which refers to them, go hand in hand in giving
to that instrument the meaning which this proposition ascribes to it.
The power granted to Congress to coin money is an authority to
stamp metallic money, and is not an authority for emitting slips of
paper containing promises to pay money. The authority granted to
Congress to regulate the value of coin, is an authority to regulate the
value of the metallic money, not of paper. The prohibition upon the
States against making anything but gold and silver a legal tender, is a
moral prohibition, founded in virtue and honesty, and is just as
binding upon the Federal Government as upon the State
Governments; and that without a written prohibition; for the
difference in the nature of the two governments is such, that the
States may do all things which they are not forbid to do; and the
Federal Government can do nothing which it is not authorized by the
Constitution to do. The framers of the Constitution (said Mr. B.)
created a hard-money government. They intended the new
government to recognize nothing for money but gold and silver; and
every word admitted into the Constitution, upon the subject of
money, defines and establishes that sacred intention.
Legislative enactment came quickly to the aid of constitutional
intention and historic recollection. The fifth statute passed at the
first session of the first Congress that ever sat under the present
Constitution was full and explicit on this head. It declared, “that the
fees and duties payable to the federal government shall be received in
gold and silver coin only.” It was under General Hamilton, as
Secretary of the Treasury, in 1791, that the policy of the government
underwent a change. In the act constituting the Bank of the United
States, he brought forward his celebrated plan for the support of the
public credit—that plan which unfolded the entire scheme of the
paper system and immediately developed the great political line
between the federalists and the republicans. The establishment of a
national bank was the leading and predominant feature of that plan;
and the original report of the secretary, in favor of establishing the
bank, contained this fatal and deplorable recommendation: “The
bills and notes of the bank, originally made payable, or which shall
have become payable, on demand, in gold and silver coin, shall be
receivable in all payments to the United States.” From the moment of
the adoption of this policy, the moneyed character of the government
stood changed and reversed. Federal bank notes took the place of
hard-money; and the whole edifice of the government slid, at once,
from the solid rock of gold and silver money, on which its framers
had placed it, into the troubled and tempestuous ocean of paper
currency.
The first session of the 35th Congress opened December 1835. Mr.
James K. Polk was elected Speaker of the House by a large majority
over Mr. John Bell, the previous Speaker; the former being
supported by the administration party, and the latter having become
identified with those who, on siding with Mr. Hugh L. White as a
candidate for the presidency, were considered as having divided from
the democratic party. The chief subject of the President’s message
was the relations of our country with France relative to the continued
non-payment of the stipulated indemnity provided for in the treaty
of 1831 for French spoliations of American shipping. The obligation
to pay was admitted, and the money even voted for that purpose; but
offense was taken at the President’s message, and payment refused
until an apology should be made. The President commented on this
in his message, and the Senate had under consideration measures
authorizing reprisals on French shipping. At this point Great Britain
offered her services as mediator between the nations, and as a result
the indemnity was shortly afterwards paid.
Agitation of the slavery question in the United States really began
about this time. Evil-disposed persons had largely circulated through
the Southern states, pamphlets and circulars tending to stir up strife
and insurrection; and this had become so intolerable that it was
referred to by the President in his message. Congress at the session
of 1836 was flooded with petitions and memorials urging federal
interference to abolish slavery in the States; beginning with the
petition of the Society of Friends of Philadelphia, urging the abolition
of slavery in the District of Columbia. These petitions were referred
to Committees after an acrimonious debate as to whether they
should be received or not. The position of the government at that
time is embodied in the following resolution which was adopted in
the House of Representatives as early as 1790, and substantially
reaffirmed in 1836, as follows: “That Congress have no authority to
interfere in the emancipation of slaves, or in the treatment of them
within any of the States; it remaining with the several States to
provide any regulations therein which humanity and true policy may
require.”
In the Summer preceding the Presidential election of 1836, a
measure was introduced into Congress, which became very nearly a
party measure, and which in its results proved disastrous to the
Democratic party in after years. It was a plan for distributing the
public land money among the States either in the shape of credit
distribution, or in the disguise of a deposit of surplus revenue; and
this for the purpose of enhancing the value of the State stocks held by
the United States Bank, which institution, aided by the party which it
favored, led by Mr. Clay, was the prime mover in the plan. That
gentleman was the author of the scheme, and great calculations were
made by the party which favored the distribution upon its effect in
adding to their popularity. The Bill passed the Senate in its original
form, but met with less favor in the House where it was found
necessary. To effectuate substantially the same end, a Senate Bill was
introduced to regulate the keeping of the public money in the deposit
banks, and this was turned into distribution of the surplus public
moneys with the States, in proportion to their representation in
Congress, to be returned when Congress should call for it; and this
was called a deposit with the States, and the faith of the States
pledged for a return of the money. It was stigmatized by its
opponents in Congress, as a distribution in disguise—as a deposit
never to be reclaimed; as a miserable evasion of the Constitution; as
an attempt to debauch the people with their own money; as
plundering instead of defending the country. The Bill passed both
houses, mainly by the efforts of a half dozen aspirants to the
Presidency, who sought to thus increase their popularity. They were
doomed to disappointment in this respect. Politically, it was no
advantage to its numerous and emulous supporters, and of no
disservice to its few determined opponents. It was a most
unfortunate act, a plain evasion of the Constitution for a bad
purpose; and it soon gave a sad overthrow to the democracy and
disappointed every calculation made upon it. To the States it was no
advantage, raising expectations which were not fulfilled, and upon
which many of them acted as realities. The Bill was signed by the
President, but it is simple justice to him to say that he did it with a
repugnance of feeling, and a recoil of judgment, which it required
great efforts of his friends to overcome, and with a regret for it
afterwards which he often and publicly expressed. In a party point of
view, the passage of this measure was the commencement of
calamities, being an efficient cause in that general suspension of
specie payments, which quickly occurred, and brought so much
embarrassment on the Van Buren administration, ending in the
great democratic defeat of 1840.
The presidential election of 1836 resulted in the choice of the
democratic candidate, Mr. Van Buren, who was elected by 170
electoral votes; his opponent, General Harrison, receiving seventy-
three electoral votes. Scattering votes were given for Mr. Webster,
Mr. Mangum, and Mr. Hugh L. White, the last named representing a
fragment of the democracy who, in a spirit of disaffection, attempted
to divide the democratic party and defeat Mr. Van Buren. At the
opening of the second session of the twenty-fourth Congress,
December, 1836, President Jackson delivered his last annual
message, under circumstances exceedingly gratifying to him. The
powerful opposition in Congress had been broken down, and he had
the satisfaction of seeing full majorities of ardent and tried friends in
each House. The country was in peace and friendship with all the
world; all exciting questions quieted at home; industry in all its
branches prosperous, and the revenue abundant. And as a happy
sequence of this state of affairs, the Senate on the 16th of March,
1837, expunged from the Journal the resolution, adopted three years
previously, censuring the President for ordering the removal of the
deposits of public money in the United States Bank. He retired from
the presidency with high honors, and died eight years afterwards at
his home, the celebrated “Hermitage,” in Tennessee, in full
possession of all his faculties, and strong to the last in the ruling
passion of his soul—love of country.
The 4th of March, 1837, ushered in another Democratic
administration—the beginning of the term of Martin Van Buren as
President of the United States. In his inaugural address he
commented on the prosperous condition of the country, and declared
it to be his policy to strictly abide by the Constitution as written—no
latitudinarian constructions permitted, or doubtful powers assumed;
that his political chart should be the doctrines of the democratic
school, as understood at the original formation of parties.
The President, however, was scarcely settled in his new office
when a financial panic struck the country with irresistible force. A
general suspension of the banks, a depreciated currency, and
insolvency of the federal treasury were at hand. The public money
had been placed in the custody of the local banks, and the notes of all
these banks, and of all others in the country, were received in
payment of public dues. On the 10th of May, 1837, the banks
throughout the country suspended specie payments. The stoppage of
the deposit banks was the stoppage of the Treasury. Non-payment by
the government was an excuse for non-payment by others. The
suspension was now complete; and it was evident, and as good as
admitted by those who had made it, that it was the effect of
contrivance on the part of politicians and the so-called Bank of the