Chapter IV: Part 4

The proceedings of the courts of equity are for the most part similar to those practised in England. Many of the states have chancellors, whose offices are held like those of the other judges. The state of New York had just been obliged to appoint a vice-chancellor, on account of the increase of business. The duties of the chancellor, as far as they go, are the same as those of the lord chancellor of England; but in many of the states the jurisdiction in bankruptcy or insolvency is separate. The terms bankruptcy and insolvency are used indiscriminately, although the distinction is of course generally known and understood among lawyers. By the articles of the constitution, the general government is enabled to pass uniform laws on the subject of bankruptcy. No general bankrupt law has, however, been passed, although such a measure has been often contemplated. In the United States a proportion of the people, large beyond that of any other country, is engaged more or less in traffic of some kind or other in the course of the year, and the difficulty of coming to any equitable decision as to who may or may not be considered a bankrupt, has been the reason why no general law on the subject has been passed by the federal congress. The states likewise have the power of passing bankrupt laws; but they would only be productive of confusion, as they would not be allowed to have the effect of rescinding a contract between citizens of different states; the supreme court having decided that a discharge under the bankrupt or insolvent laws of one state, could not affect contracts made or to be executed in another. As a matter of necessity, the states have insolvent laws of their own, which are generally recognized and respected in all of them as far as they conveniently can be. In some cases the person only, not the debt, is released by them; in others, the debt is discharged, but future acquisitions by gift, devise, or descent, are liable, though not the produce of future industry. The whole law on the subject of bail in the United States is much the same as that of England. A debtor to the United States can only be released by obtaining a release under the United States’ insolvent law. In order to be enabled to apply for a release under the insolvent laws of any particular state, a debtor must have resided in that state for a certain period, generally one year; and on the surrender of all property (if he has any), he obtains a discharge from prison, which is also a discharge from the debt itself, and as a personal discharge, is respected throughout the Union; but as a discharge from the debt, it often operates as such only in the state that grants the discharge. Between citizens of the same state it releases the debt as well as the person; between citizens of different states, or between a citizen and a foreigner, or between foreigners, the discharge depends on circumstances. If the suit be brought in the courts of any particular state, and the party has been released by the laws of that state, the debt is considered equally cancelled as if the controversy had been between citizens of the same state. If the debtor to the United States has applied for, and obtained the benefit of the United States’ insolvent law, it can only be in cases where a judgment has been obtained against him, and he has been taken in execution. He must, however, remain in prison for thirty days, and surrender all his property, which he must swear does not exceed thirty dollars, over and above his necessary wearing apparel; for if he has property beyond that amount, he cannot obtain the benefit of this law. By this discharge, the person only is released, so that property subsequently obtained from any source is responsible. In all other cases of discharge, under the insolvent laws of individual states, before noticed, the person or the debt are discharged (as mentioned above), but still with the reservation, that all property acquired by descent, gift, or devise, shall be subjected to execution, but not the future acquisitions of the debtor by other means.

Fugitive debtors from other countries can be sued and imprisoned only as if they were citizens of America, that is, by exhibiting against them a bailable cause of action. They must remain in prison, if taken immediately on their arrival, until entitled by a residence in the state (usually for one year) to apply for the benefit of the insolvent laws. State citizenship is required only in a few of the states, the more general law being, that they may be discharged after a year’s residence in the state in which they happen to be sued, whether they have become citizens or not. Foreigners become citizens of the United States after five years’ residence. The acts of naturalization, the last of which was passed in 1816, require that an oath be taken before a state-court by a foreigner of good moral character three years before his admission, of his intention to become a citizen, and to renounce his native allegiance; and at the time of admission he must satisfy the court, that he has resided five or six years, at least, within the United States, and likewise take an oath to renounce and abjure his native allegiance, and to support the constitution of the United States.

America is in some respects, a laboratory for the rest of the world. It is the fittest region for experiment. From the first of January, 1832, imprisonment for debt has ceased in the state of New York; the fact is, there is so much more false capital in the United States than in England, that a creditor is not often one dollar the richer for having put his debtor into confinement. The example, if it succeed, will probably soon be followed in Massachusetts, where there is a strong party in favour of a similar experiment. Whilst I was in that state, a meeting was held at Boston, to consider of its propriety; but the united arguments of many speakers, tended to prove nothing more than what was most probably acknowledged beforehand, by three-fourths of those who heard them, and into which all that can be said on the subject must ultimately resolve itself, namely, that the sufferings of an innocent debtor are highly unjust, and much to be lamented; but that it would be very objectionable to have no means of confining one whose conduct had been fraudulent. By the constitution of the state of Illinois, imprisonment for debt is disallowed, except in cases of fraud, or the refusal of the debtor to deliver up his property for the benefit of his creditors.

The question as to the power of any court or officer to remove a child from his parents on account of their misconduct, remains unsettled; but if either of the parents were dead, and the survivor an unsuitable person to take care of the child, application would be made to the orphan’s court, which exists in every state. Its authority resembles that of the lord chancellor in cases of infants being wards of court. Wills, both of real and personal estate, are proved there; and all executors and administrators pass their accounts in this court, from whose decisions an appeal lies to the chancellor. All deeds are by law required to be registered. Wills are proved and witnessed as in England; and a similar law prevents a witness from taking a legacy. A case of fraud used in obtaining a will, the only fraud of which the English court of chancery does not take notice, is decided by the chancellor in some states; in others, it is usual to send it, as in England, to a jury.

The whole law of mortgage is, generally speaking, much the same as in England.

The proceedings in a chancery suit, differ only in the pleadings being a little more simple: a bill for instance, contains merely the stating and interrogating parts, and the prayer. Witnesses are examined, as in England, upon written interrogatories. The effect of an answer and the mode of using it in court, are also similar.

There is no such officer as an accountant-general. Masters in chancery are known only in some of the states. Their duties are somewhat similar; and matters are referred to any one of them whom the parties may agree upon. In New York, I observed that “Mr. A. master in chancery,” was almost as frequently to be seen on the door, as the names of a counsellor and solicitor. In those states where there are no masters in chancery, the court has a “Permanent Auditor,” who discharges nearly all the duties assigned to the masters in England.

The form of an action, the pleadings, and the method of obtaining evidence, are essentially the same as those used in England, generally. In some states the action of ejectment is unknown; in others, it has merely undergone some modification. Real actions, such as writs of right, writs of entry, are much used; the period of limitation has, however, been altered from that of England. The English law of prescription is acknowledged, with a very few necessarily constitutional exceptions. The period of limitation allowed in an action of assumpsit, also varies in different states; in some it is three years, in others it is six, as in England. Where the action of ejectment is in use, the period of limitation is in some states twenty years, as in England; in others, seven years is thought sufficient.

Juries are generally constituted as in England, with the exception of special juries, which are never formed.

Throughout the United States a counsellor is allowed to make a speech for the prisoner, and act generally in his behalf, as in a civil cause.

Every state in the Union has its rules for the admission of counsellors, solicitors, and attorneys. They generally require that a student shall have studied law with some counsellor for at least three years. On application for an admission as an attorney, the court usually appoints three gentlemen of the bar to examine into the moral and legal qualifications of the applicant. If he be previously and favourably known to them, the examination is almost nominal. If he be unknown, or be known, but with unfavourable impressions, the examination is proportionably more strict. When admitted as either counsellor or solicitor, he can generally practise in both characters, the distinction being nominal, excepting in the supreme court of the United States, where no person can be counsellor and solicitor at the same time. In the country particularly, it is usual for a lawyer to assume the duties of attorney, conveyancer, proctor, solicitor, and counsellor; but after having practised some time, he usually confines himself to the practice of a counsellor only. A barrister and solicitor are frequently partners: as I have before remarked, it would be impossible for any practitioner to obtain a livelihood, excepting in the larger towns, without exercising his abilities in both capacities. For the “materiel” of a great part of the foregoing remarks I am indebted to the kind and able assistance of a gentleman of the Baltimore bar, and I have endeavoured that their accuracy should not suffer under my pen.

It would be tedious to enter into any detail of the different state constitutions. It is sufficient to remark, that their affairs are usually administered by a governor, a senate, and a house of representatives. The executive authority is vested in the governor, who has in some states the benefit of a council. In some states he is elected for a period of four years, but more usually for two. The legislature consists of a senate, and house of representatives: both, or the latter, are usually elected annually; but sometimes for a longer period, with modifications. In the state of Rhode Island, whose government is founded on the provisions of the charter granted to the colony by Charles the Second in 1663, and which is the only state in the Union that has no written constitution; the governor, senate, and judges are elected annually; the members of the house of representatives are elected every six months, or semi-annually, as they term it. In general, no other qualifications are required of voters but those of colour, age, sex, and residence. In nearly all the states the right of suffrage is enjoyed by free white citizens, who have resided for one year in the state, and six months in the country. In some of the states, colour is no bar. As to age, that of twenty-one years is the usual requisition. Every voter must of course be a citizen of the United States.

Without entering at large upon the hackneyed subject of universal suffrage, it may be sufficient to remark, that the intrinsic evils of the system are more or less acknowledged by a very large proportion of the better class of Americans, although they of course diminish in the same ratio with the increase of virtue and intelligence; the objection is not merely, that the uncultivated and the ignorant part of the community should be allowed the unqualified right of suffrage; but it lies in the corrupt influence to which it is open. Both the rich and the poor man have rights to be protected; but it must be unreasonable, that the wealthy and enlightened should be controlled by the needy. The object of my charity goes to the poll; and not only exercises as much political liberty as myself, but a great deal more; because the poorer classes being the more numerous, the government is, in effect, under their direction. If in addition to this it be considered, that they must frequently vote in compliance with the wishes of a superior, it follows, that the most corrupt, or the most successful at intrigue, must enjoy the greatest share of political power. A person who does not in such a country as America, gain some sort of qualification by his industry is, surely, unworthy to be trusted with the right of suffrage. I was informed that votes were very rarely bought with money, and believed it; because where the voters and the candidates are so numerous, the disbursements must be very large, and the difficulty of concealment proportionately increased. They are rather commanded by considerations of place; and it is very evident, that a person who could be influenced by interest in one way, could easily be bribed in another, were it not for the fear of detection. The system of treating is common enough. “Why, Sir!” said an old woman to a gentleman of South Carolina, my informant, “I guess Mr. A. is the fittest man of the two, but t’other whiskies the best.” The influence of petty demagogues is very great; there being usually two or three in every village. Naturalized foreigners, as a body of voters, possess great power in some places: in New York, where there are said to be nearly 30,000 Irish, their influence over the elections is much complained of.

The house of representatives of the United States is composed of members chosen every second year, by the people of the several states. In Virginia and Kentucky they are voted for, _vivâ voce_, and not by ballot, as in the other states. At present, one member is returned for every forty thousand persons, five slaves in the slave states counting as three whites. The present number is 216. As the number of representatives might be too large, in consequence of the increasing population, the constitution provides that the number should not exceed one for every 30,000, but that no state shall be without a representative. As the minimum only is there mentioned, the federal congress has the power of extending the number of electors necessary for the return of a member.

The senate of the United States is composed of two members from each state. They are chosen by the legislature of the several states, for the term of six years; one-third of them being elected every two years. The only qualifications necessary for a senator are—that he be thirty years of age, in conformity with the age of the Roman senator; and that he have been for nine years a citizen of the United States, and an inhabitant of the state for which he is elected.

The qualifications required of a member of the house of representatives are—that he be twenty-five years of age; seven years a citizen of the United States, and an inhabitant of the state where he is chosen. No property qualification is required in either case; and the consequence is, that the house of representatives is half filled with young lawyers. The only privilege it enjoys in its legislative character, which is not shared by the senate, is, that it has the exclusive right of originating all money bills.

Chancellor Kent, in his Commentaries, observes, “that the great object of the separation of the legislature into two houses, acting separately, and with co-ordinate powers, is to destroy the evil effects of sudden and strong excitement; and of precipitate measures, springing from passion, caprice, prejudice, personal influence, and party intrigue, which have been found, by sad experience, to exercise a potent and dangerous sway in single assemblies.”

No one can, for a moment, doubt the force of these remarks. It is the best arrangement that can be adopted in a republic: still it is but splitting one pillar into two; the interests and inducements are co-extensive. The senate of the United States and the British house of lords are, or may be, equally influenced by the love of their country, and both are intended for its protection; but the one is little more than another house of representatives, the other a most essentially distinct part of the government: both are bound by the ties of honour, and the duties of both are defined and exacted by the constitution; but those of the house of lords are dictated by the further necessity of consulting their own security, by a proper and constant interposition between the throne and the people. The interests of the one are the same as those of the house of representatives, the only additional power they enjoy consisting of an association with the president, for the purpose of making treaties, and in the appointment of government officers. The interests of the house of lords are identified with those of the house of commons, not merely with reference to property up to an extent usually far exceeding the amount of the qualifications necessary for obtaining a seat in that house; but they purchase an additional security to the constitution, by obliging the peers of Great Britain to keep a watchful eye on every attempt at encroachment upon the dignity of the crown, their own rank in the country, and their rights as “hereditary lawgivers.” In these times, when speculation is afloat, not as to what they will do, but as to what they dare do, how true should they be to themselves. Their obligations are far more weighty than the “legal presumption” (to use the words of Chancellor Kent, when speaking of the senate with reference to the houses of representatives), “that the senate will entertain more enlarged views of public policy, will feel a higher and greater sense of national character, and a greater regard for stability in the administration of the government.”

The president of the United States must be a citizen of the United States, must have attained the age of twenty-one years, and have been fourteen years a resident in the United States. He holds his office for four years. He is elected at the same time as the vice-president, who is president of the senate, but who has no vote, unless the votes be equally divided. The president, vice-president, and all civil officers of the United States, are removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanours. The president is commander-in-chief of the army and navy: he has the power by, and with the advice and consent of the senate, to make treaties, provided two-thirds of the senators present concur: he can convene both houses of congress, on extraordinary occasions; and adjourn them in case of their disagreement as to the time, to any time he may think proper: he appoints ambassadors, other public ministers and consuls, judges of the supreme court, and all officers of the United States whose appointments are not otherwise provided for by the constitution, and which shall be established by law, &c. &c. The president and vice-president are elected by electors appointed in each state equal to the whole number of senators and representatives to which the state may be entitled to in congress; but no senator, or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. The method of choosing these electors is threefold: by the state-legislatures; by general-ticket; and by districts. The two latter are more generally preferred, as the choice emanates more directly from the people. Four only of the states,—Delaware, South Carolina, Louisiana, and Tennessee, adopt the former. I think it would be tedious and unnecessary to give an analysis of these three methods; suffice it to remark, I have heard it regretted that the constitution did not limit the choice to one mode. Chancellor Kent says “there would be less opportunity for dangerous coalitions and combinations for party, or ambitious or selfish purposes, if the choice of electors were referred to the people at large; and this seems now to be the sense and expression of public opinion.” When the electors have made out the requisite lists, they are sent up to, and opened in the presence of the senate and house of representatives; and the president and vice-president are chosen in the manner prescribed by the twelfth article of the amendments to the constitution. In the year 1801, the federalist candidates for the presidency and vice-presidency were Mr. Adams and General Pinkney; the republican favourites were Mr. Jefferson and Colonel Barr. The two latter obtained a small, but equal majority over the former; and to decide between them was the allotted office of the house of representatives. Mr. Jefferson was chosen after no less than thirty-five trials. In the mean time the people were kept in suspense; the tranquillity of the Union was endangered; the possibility of a recurrence of similar difficulties was forcibly impressed upon the minds of Americans; and an alteration of the clause regulating the mode of election of the president and vice-president was resolved upon. The old clause contained these words, “The person having the greatest number of votes to be president, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the house of representatives shall immediately choose by ballot one of them for a president, &c.” The mode of election was altered; but it may still happen that the vote of a single member of the house of representatives may decide it. In President Jackson’s Message of December, 1830, he says, that “the necessity for an amendment is made so clear to his mind by the observation of its evils, and by the many able discussions which they have elicited on the floor of congress, and elsewhere, that he should be wanting in his duty were he to withhold another expression of his deep solicitude on the subject. A contingency which sometimes places it in the power of a single member of the house of representatives to decide an election of so high and solemn a character, is unjust to the people; and becomes, when it occurs, a source of embarrassment to the individuals thus brought into power, and a cause of distrust of the representative body. Liable as the confederacy is, from its great extent, to parties founded upon sectional interests, and to a corresponding multiplication of candidates for the presidency, the tendency of the constitutional reference to the house of representatives is to devolve the election upon that body, in almost every instance; and whatever choice may thus be made among the candidates thus presented to them, to swell the influence of particular interests to a degree inconsistent with the general good.” The election of the president, immediately by the people, without the intervention of electors, is here hinted at. There is a levelling spirit abroad in the United States, that sheds its influence over new laws and institutions: if there be a possibility of a tendency towards either the federal or the democratical principles, that tendency is sure to be democratical; and it is by no means improbable, that such a mode of election may, at some future day, be contended for and adopted. Chancellor Kent says, “that the mode of appointment of the president, presented one of the most difficult and momentous questions that could have occupied the deliberations of the assembly which framed the constitution; and if ever the tranquillity of this nation is to be disturbed, and its peace jeopardised by a struggle for power among themselves, it will be upon this very subject of the choice of a president. It is the question that is eventually to attest the goodness and try the strength of the constitution, &c.” Should the mode of election be altered, as I have just supposed it may be, we may bid adieu to the Union forthwith. When we consider the increasing population of the United States, the immense variety of interests, and that every free inhabitant feels, I may say, personally concerned,—whether he be really so or not,—in the success of his favourite candidate, we can, in some measure, foresee even under the present mode of election, how violent, how convulsing, at no very distant period, will be the struggle and party-feeling exhibited at the election of an officer, whose opinions on the construction of the articles of the constitution, during his short ascendancy of four years, will affect millions with a sentiment of attachment or disgust. When General Jackson came into office, he immediately thought proper to turn out several hundred subordinate officers, whose places were filled up by his own party. The number of those who lost their places at the commencement of any preceding presidency was extremely small, bearing no proportion whatever to those dismissed by the General. The increasing weight and importance of the affairs of the United States rendered it partly a matter of expediency to do so; and, in all human probability, future presidents will find themselves obliged to follow the example. I make no remark on the late petticoat confusion in the United States’ cabinet; like the battle of Navarino, the best that can be said of it is, that it was an “untoward event.”

The salary of the president is 25,000 dollars (5625_l._) a year, with the president’s house at Washington for his residence; but his expenses do not equal his income. Mr. Calhoun, the vice-president, receives but 5000 dollars (1125_l._) a year. The secretaries for state, treasury, war, and navy, and the postmaster-general, receive a yearly salary of 6000 dollars (1350_l._) each, and work very hard for it, their time and attention being fully occupied, and often till a late hour of the night.

In the Message of 1830, to which I have before referred, General Jackson invites the attention of congress to the propriety of promoting such an amendment of the constitution as will render the president ineligible after one term of service; and yet General Jackson is again a candidate, and most probably a successful candidate, for the office of president at the next election, on the first Wednesday in December, 1832, preparatory to his taking office for the twelfth presidential term of four years, commencing on the 3d of March, 1833.

The election of the next—and heaven knows how many future presidents!—will depend upon the known opinions of either candidate upon “the Cherokee case;” upon the question of the renewal of the charter of the United States’ Bank, to which I have before adverted; on Masonry; on whether there is or is not a power granted by the constitution to lay out the federal funds upon internal improvements throughout the Union; and lastly, on the still more important question as to the continuance or modification of the existing tariff. The candidates will most likely be General Jackson, the president of the day, Mr. Clay, Mr. Wirt, and Mr. Calhoun.

The opinions of General Jackson are in favour of the removal of the Cherokees: he is averse to the renewal of the charter of the United States’ Bank: he is a Freemason, and believes that the application of the federal funds to internal improvements would be unconstitutional. His opinions on the tariff question are oracular and uncertain.

Mr. Clay is opposed to the removal of the Cherokees; he is in favour of the renewal of the Bank charter; he is a Mason; is an advocate for internal improvements; and a staunch friend to the protecting, or, as it is called by its supporters, the American system.

Mr. Wirt, a gentleman of Maryland, was the counsel for the Cherokees before the supreme court. He has lately been started as a candidate by the Anti-masons. Since the abduction and supposed murder of William Morgan, who, a few years since, wrote a book revealing the secrets of Freemasonry, the Anti-masons have become gradually more and more numerous. They profess a hatred of all secret societies as dangerous and unconstitutional; and although they will not be able to secure the presidency to themselves, yet it is probable they will be sufficiently strong to defeat the election of either of the more obnoxious candidates. Mr. Wirt’s opinions are supposed to coincide with those of Mr. Clay generally; but with respect to the internal improvement system, and the tariff question, he is at present uncommitted.

Mr. Calhoun, the vice-president of the day, is the great champion of the interests of the southern states, the nullifiers, and the anti-tariff party; and in that character, if at all, he will be elected to the presidency. His opinions are in favour of the removal of the Cherokees, and of the existence of the United States’ Bank. On the subject of internal improvements his opinions are said to be changed, he having been originally an advocate of the system when secretary at war in 1819. He is a “Nullifier,” although his situation as vice-president has prevented him from showing himself in that character so uniformly as he would have done. The term “nullifier,” which, like the word “radical” in England, has now grown into common use, was first adopted by the members from South Carolina, in congress, about two years ago; the doctrine they profess was broached at the same time. A nullifier is a person who holds that the federal constitution is merely a compact or league between the several states; and that each state has a right to decide for itself concerning the infractions of that league by the federal government, and to nullify or declare void an act of the federal congress within its limits.

Whatever may be urged by the party who are opposed to the opinions of General Jackson, with reference to the advancement of prosperity in the United States by his internal policy merely, his administrations of the affairs of his country with regard to its relations with foreign powers, has certainly been generally successful. He has obtained for her the command of a profitable trade with the British West Indian and North American colonies, thereby settling a question which had already been the subject of six negociations. The president, in his Message, at the second sitting of congress, on the 7th of December, 1830, says, that this desirable result was promoted by the liberal provision of congress, in allowing the ports of the United States to be open to British shipping before the arrangement could be carried into effect on the part of Great Britain, thereby requiting a similar act of liberality on the part of the British government in 1825.

He has recovered claims upon the Brazils, Columbia, and Denmark, from which kingdom the payment of 650,000 dollars is secured to the citizens of the United States, for spoliations upon their commerce in the years 1808, 9, 10, and 11. Similar claims upon France, for injuries during the war, have also been lately adjusted with that power.

He has concluded a treaty of commerce with Mexico; and by another with Columbia, he has freed the American merchants from the discriminating duties which had been imposed upon them; and by another with Turkey he has secured a free passage for American merchantmen, without limitation of time, to and from the Black Sea, by which their trade with Turkey is placed on an equal footing with that of other nations.

By a compact made between the United States and the state of Georgia, on the 24th of April, 1802, and long before any gold mines were thought of, the United States engaged to extinguish for the use of Georgia, “as early as the same could be peaceably obtained on reasonable terms, the Indian title to the county of Talassee, and to all the other lands within the state of Georgia.” As gold mines, within two or three years, have been discovered in that state, it has naturally followed, that the inclination of the Indians to remain, and that of the Georgians to get rid of them, has become far more decided than formerly. The Indians (Cherokees) however, claim a voice in the affair of their removal from the land of their fathers; and that their assertions have other foundations than those of an appeal to common justice and humanity, is proved by the fact, that from the 28th of November, 1785, the general government has made with them no less than fifteen different treaties, thereby plainly acknowledging their independence, and their capacity and power to treat. Within the last two or three years, however, gold, as I have before remarked, has been discovered on the territories of the Indians; and the state of Georgia has applied to the general government to fulfil the contract, and rid them of the Cherokees. The general government would be willing to come to a proper arrangement with the Cherokees, but they are unwilling to go. The number now left is about 15,000; the remainder of the tribe, since the year 1809, having acceded to the offer of the United States, and removed to the lands provided for them beyond the Mississippi. When this part of the tribe petitioned to be allowed to remove, the answer of the president (Mr. Madison) contained the words, “those who are willing to remove may be assured of our patronage, our aid, and our good neighbourhood.” The Georgians, however, happen to think that this is just the time for them to go, and they forcibly prevent them from digging for gold on their own land, saying, that every year will but increase their anxiety to remain; and that they have no right to dig for gold when the reversion of the land is in the state. These disputes yet remain unsettled.

The Cherokees are far advanced in civilization; and have among them men of very superior abilities. They adopt in part the costume of Europeans; they have schools, and churches, and a printing press among them; and were fully competent to understand the following precious piece of humbug, forming part of President Jackson’s message to congress, in 1830. “Humanity has often wept over the fate of the aborigines of this country; and philanthropy has been long busily employed in devising means to avert it; but its progress has never for a moment been arrested, and one by one have many powerful tribes disappeared from the earth. To follow to the tomb the last of this race, and to tread on the graves of extinct nations, excites melancholy reflections. But true philanthropy reconciles the mind to these vicissitudes, as it does to the extinction of one generation to make room for another. In the monuments and fortresses of an unknown people spread over the extensive regions of the west, we behold the memorials of a once powerful race, which was exterminated, or has disappeared, to make room for the existing savage tribes, &c. &c. The tribes which occupied the countries now constituting the eastern states, were annihilated or have melted away to make room for the whites. The waves of population and civilization are rolling to the westward; and we now propose to acquire the countries occupied by the red men of the south and west, by a fair exchange, and at the expense of the United States, to send them to a land where their existence may be prolonged and perhaps made perpetual. Doubtless it will be painful to leave the graves of their fathers; but what do they more than our ancestors did, or than our children are now doing? To better their condition in unknown lands, our forefathers left all that was dear in earthly objects; our children by thousands yearly leave the land of their birth to seek new homes in distant regions. Does humanity weep at these painful separations from every thing animate and inanimate with which the young heart has become entwined? Far from it! It is rather a source of joy that our country affords scope where our young population may range unconstrained in body or in mind, developing the power and faculties of man in their highest perfection. These remove hundreds and almost thousands of miles at their own expense, purchase the lands they occupy, and support themselves at their new home from the moment of their arrival. Can it be cruel in this government, when, by events which it cannot control, the Indian is made discontented with his ancient home, to purchase his lands, to give him a new and extensive territory, to pay the expenses of his removal, and support him a year in his new abode? How many thousands of our own people would gladly embrace the opportunity of removing to the west on such conditions. If the offers made to the Indians were extended to them, they would be hailed with gratitude and joy.

“And is it supposed that the wandering savage has a stronger attachment to his home than the settled, civilized Christian? Is it more afflicting to him to leave the graves of his fathers, than it is to our brothers and children? Rightly considered, the policy of the general government towards the red man, is not only liberal but generous. He is unwilling to submit to the laws of the states, and to mingle with their population. To save him from this alternative, or, perhaps, utter annihilation, the general government kindly offers him a new home; and proposes to pay the whole expense of his removal and settlement.”

I will here introduce a few remarks on what is called the gold region in the United States, with the kind assistance of Mr. Damm, a Swedish gentleman resident at New York, and connected with the gold mines. I have selected them, with a very few alterations, from the reports on the subject lately published by the government. It is now about thirty years since gold was discovered in North Carolina; it was found in the sand and gravel of different water-courses, first in Cabarras county, soon afterwards in a county of Montgomery in that state. Until within a few years past, the process of washing for gold was principally confined to the two counties just named. The greater portion of the gold thus procured was found in small pieces, varying in size from one pennyweight down to particles of extreme minuteness; at most of the mines, however, it is not uncommon to find pieces of a much larger size; for example, at Cabarras, a single piece has been found weighing twenty-eight pounds avoirdupois, besides several other pieces varying from four to sixteen pounds. The proprietor of the same mine affirms, that about a hundred pounds avoirdupois have been found in pieces, about one pound in weight; these large pieces, however, compose but a small portion of the whole product of the mines.

At a mine in Montgomery county, a number of pieces of about one pound weight have been found. One of them weighed four pounds eleven ounces, and another three pounds. In Anson county, during the summer of 1828, a piece of gold weighing ten pounds, another of four pounds weight, together with a number of small pieces, were taken up out of the sands and gravel of Richardson’s creek. These discoveries have been chiefly made in or near beds of streams; but in some instances deposits of considerable extent have been found on the sides and tops of hills.

It was not, however, until about six years ago, that the gold mines, properly speaking, were discovered in North Carolina, that is, gold in regular, well-defined veins. This discovery, like that of the alluvial deposits, was in some measure accidental. A person, while washing the sand and gravel of a small rivulet for gold in Montgomery county, observed that he could never find it beyond a certain spot in ascending the stream; but at the point where the gold seemed to cease, he discovered a quartz vein running into the hill on one side of the channel, and at right angles with the course of the rivulet. Having frequently taken up out of the bed of the stream, pieces of quartz with bits of gold attached to them, he came to the conclusion that the gold found scattered below, must have come out of the vein of quartz; and he determined to pursue it into the hill. He had done so but for a few feet, when he struck a beautiful deposit of the metal in a matrix of quartz, and subsequently another in carbonate of lime. In following this vein about thirty or forty feet longitudinally, and at a depth of not more than fifteen or eighteen feet, he found a succession of what are technically termed nests, from which he took out more than 15,000 dwt. of virgin gold. Soon afterwards the mine fell into other hands; and the working of the vein has been discontinued in consequence of the quantity of water which made its appearance; though it is understood that it will be resumed in a short time. This discovery of the metal in regular veins, presented the subject in a new and interesting point of view; and directed a search for gold among the hills and high grounds, and particularly for veins traversing the earth.

In the course of the summer, after the developement of Barringer’s mine, some valuable mines were discovered in Mecklenburgh county. The product of these, worked in the rudest manner, without skill or capital, was so great as to excite general notice; and stimulated the land-owners in that section to search for these hidden treasures. The mines now began to attract the attention of the public; and several persons of enterprise, and some capital, repaired to the spot. Some of them made investments, began to erect machinery, and worked the veins with system and regularity. The success of the first adventurers in this new enterprise, and for a time the attention of every body who sought to engage in the mining business, was exclusively turned towards Mecklenburgh county. The consequence was, a constant search for gold was kept up in that county, and not unattended with success, as many very promising veins were discovered. These Mecklenburgh mines were the first that attracted attention; and the first that were examined and worked with skill and management. They were, of course, greatly in advance of every other part of the region, and the products have been greater in proportion to the labour, and capital, and skill that have been applied to them.

In the course of the succeeding year, a very extensive and rich vein was discovered in Guilford county; and it was soon operated upon by more than one hundred hands, who flocked in from the country around, and received permission to dig there. The discovery of one vein in a district, furnishes the means of finding others. The people of the neighbourhood visit it, examine the appearances of the ores, and other signs and indications, and thus in some degree are qualified to make a search on their own lands or elsewhere. This was the case in Guilford county; the discovery of the first vein was soon followed by the opening of several others. The same plan will be followed in every district, until the gold region be explored, and the places which exhibit any external signs of gold be thoroughly known. About this time Cabarras county, which had hitherto been only considered as productive in its washings, was ascertained to be a vein-mining district; and discoveries to the same effect were made about the same period at Lincoln.

It is less than two years and a half ago, since gold in veins was first discovered in Davidson county; it having previously been found only in and near the beds of rivulets and creeks. Within the last few months, veins have been opened in the adjoining county of Randolph. Rowan, situated between Davidson and Cabarras counties, embraces a considerable section of the gold region, and contains many veins whose external appearance is good and promising. The metal is also found in the streams: some few veins have also been opened in Tredell county, and are now in a course of developement.

While progress had been thus making in opening veins, and in ascertaining their situations, some valuable discoveries of stream deposits occurred in a section of the state of North Carolina, hitherto not suspected to be within the range of the gold region. In Burke county, one of the most mountainous of the state, and one, two, or more feet under the surface, a layer of sand and gravel is found, varying from a few inches, sometimes to more than a foot, in thickness; in this layer the virgin gold is found, generally in small particles about the size of a pin’s head, and very often as large as a grain of corn; it is separated, and collected from the accompanying matter, by washing. Water is abundant; and the absence of clay and adhesive matter in the auriferous layer, makes the process of washing exceedingly easy. A number of these deposits have already been found, and some of them have proved to be very productive. It may be here mentioned, that in the adjoining county of Rutherford, gold in deposit has also been found; but as yet, not much labour has been expended in that quarter. One vein, which is very encouraging, has been worked regularly; another vein of good expectations has been discovered.

In short the veins and places of deposit are very numerous, and scattered over the whole country, with a few exceptions; and the gold which is produced finds a market so readily, that it is difficult to give a very correct estimate of the product of mines of the Carolinas, Virginia, and Georgia; but it was said to amount to 500,000 dollars in 1830, from North Carolina alone. During that year, nearly the whole gold coinage of the United States’ mint, was from native gold. The coinage was 643,105 dollars in gold coin: of this, 125,000 was derived from Mexico, South America, and the West Indies; 19,000 from Africa, 466,000 from the gold region of the United States, and about 33,000 from sources not ascertained. Of the gold of the United States above mentioned, 24,000 may be stated to have come from Virginia, 204,000 from North Carolina, 26,000 from South Carolina, and 212,000 from Georgia.

It may not be out of place here to remark, that hereafter the quantity of domestic gold that will be received at the mint, will bear a less proportion to the whole amount found, than has been the case heretofore; the reason is this: hitherto, Philadelphia may be said to have been nearly the only market for the article; goldsmiths and merchants at New York, and other cities in the Union, were unacquainted with it; and therefore for fear of deception, dealt but little in it; this occasioned the greater part of the gold to be taken to Philadelphia, where, if not sold to the goldsmiths or merchants, it was deposited in the mint; so that at all events a portion of it always contrived to reach that establishment. But now the case is different: a market for the gold is opening in most of the cities of the United States; goldsmiths and jewellers, having ascertained its comparative purity, which is said to be greater than that of the gold of Mexico or the Brazils, will generally become purchasers for their own use.

That there will be an increase in the products of the mines every succeeding year, admits of very little doubt, when the gradual enlargement of the gold region, extending through Virginia, North and South Carolina, and Georgia—the number of persons turning their attention to the business—the mills that are now erecting in various places—the improvements in the mode of working and general management, are made the subject of consideration.

The improvements in machinery have been considerable within the last two years: it is believed, however, that as yet they are far from being perfect. The defects in the present mode of extracting the gold are well known to those most extensively engaged in the business; and some of the miners, even at this time, are turning their attention towards the introduction of other methods, promising more economy and greater results. Grinding the ore in water with the vertical stone, which is the method practised in Chili, is now the process most generally used; but the liabilities of the vertical, or Chilian mill, to become disordered—the waste of gold and quicksilver—the irregularity of results from the same ores—the want of proper checks on the workmen, together with minor objections, will probably, in a few years more, cause these mills to be in a great measure discontinued, except in small establishments, and for certain classes of ores in the larger ones.

The auriferous veins of North Carolina and Virginia have not yet been sufficiently developed. As yet not a single shaft in the whole range of country (except at the Charlotte Mine, near a small town of that name, worked under the direction of the Chevalier de Rivafinoli) has been carried down to the depth of a hundred feet. Seventy to eighty feet is the greatest depth yet attained; and thirty feet is more than an average on the main excavation: as far, however, as these experiments have gone, they furnish no reason to doubt the durability of the mines; for thus far, the well-defined veins not only retain their first size, but, in many cases, become larger, and more often than otherwise, improve in richness. This circumstance has given rise to an idea among the common workmen, that the vein grows richer about the time it reaches water. On the whole, when it is considered, that in Mexico, Saxony, and other great mining districts, veins have been successfully followed downwards more than 2500 feet; the probability that the veins in the United States will improve, is, at least, as great as that they will become poorer.

Nor is it in the nature of things, that any considerable portion of the whole number of veins existing there, much less all of them, have already been discovered.

The usual way that discoveries are made, is to take some of the earth or gravel lying on the top of the rocks, and wash it in an iron pan. If any fine particles of gold are found, the vein is known to be auriferous, and its degree of richness and value is judged of by a variety of circumstances. This fine gold without doubt comes out of the vein, the top of which had been disintegrated, and fallen to pieces. There are many bold veins in every district, the tops of which show no gold, whilst other indicating substances are abundant. The probability is, that some of them at a greater depth may prove highly auriferous.

Reviewing all that has been said on the subject, it will be seen that the whole business is yet in its infancy; and the only cause for wonder is, that so much has been done in so short a time. Ignorance and prejudice were to be overcome, and ridicule was liberally bestowed on the few who engaged in the business.

If the work proceed as rapidly for some years to come, as it has for the three years past, the changes in the appearance of things will become very striking. There are some persons of intelligence, mostly however at a distance, who seem to apprehend that the mines of the United States will produce consequences similar to those that followed to Spain and her colonies from the discovery of the mines of South America and Mexico. Without stopping to inquire how far these consequences were occasioned by the mines of the New World, it may be remarked with truth, that no sort of analogy is to be found in the condition and circumstances of the two countries; and that neither the statesman nor the philosopher need anticipate that the results will be similar.