and by virtue of the same obligation; and so they will find their case to be, when they offer to plead violations of extra constitutional conditions to justify secession. Whatever is irrepealable in any of the acts of the late Congress, no one will be mad enough to attempt to repeal. Whatever is repealable in those acts, and whatever shall be repcalable in future acts of Congress, whether it shall favor freedom or slavery, no matter under what circumstances, nor with what auspices, nor with what solemnities it may have been adopted, must abide the trial of experience of reason and of truth. It is only in this way that the constitution can be maintained, and the Union can be saved. Its security consists in the adaptation it has to the physical and moral necessities of the broad and ever-extending empire which it protects and defends, and in the facility with which, without violence, or sudden change, errors of administration can be corrected, and new exigencies can be met, so that the state, free or slaveholding, which may at any time be least favored, will be at all times safer under this government, when worst administered, than it would be under any other, however wisely administered, or favorably conducted.

I think that all this is virtually confessed now by those who, while they see that their complicated schemes for that suppression of free debate which they thought essential to the safety of the Union, have failed: nevertheless, admit that the Union is no longer in danger, and therefore I think that we may, at least, congratulate ourselves on the discovery, that not only are extra constitutional compromises unnecessary, but that the Union has strength and stability enough to endure, notwithstanding that such compromises, under the influence of an unwise legislative distrust, are sometimes unnecessarily and unavailingly made. I am, with great respect, your humble servant.

THE M'LEOD CASE.

TO PETER B. PORTER.

ALBANY, March 31, 1841.

DEAR SIR: I return you my acknowledgments for your spirited and interesting letter, on the subject of the disturbed relations between this country and Great Britain. That subject being, as I have reason to suppose, under consideration by the federal government, and my views having been fully communicated thereon, it would seem to be improper for me to write upon the matter at present.

Permit me to assure you, however, that while obliged to differ from you in regard to some of the questions discussed, I am quite sure that no war will grow out of the affair. While I may be wrong in other views not noticed by you, yet I must be allowed to say that, in regard to the one matter in which you censure me with a freedom that commands even new respect on my part, you will, at a proper time, find that your opinion is premature if not

erroneous.

Accept the assurances of the high respect and esteem with which I remain, your obedient servant.

VOL. III.-29

TO HON. THOMAS EWING.

ALBANY, May 17, 1841.

DEAR SIR: Your letter was duly received, and I return you my acknowledgments for it. I think I can assure you that resolutions instructing our senators upon all the leading whig measures will pass our legislature before its adjournment. If in any way I can contribute to their passage in Congress, I shall be ready to do so. It can not be too well understood that the continued ascendency of the whig party in this state can not be looked for if those measures fail to receive the favorable action of Congress. Decision and energy in restoring the prosperity of the country are expected from the whig party.

When Mr. Crittenden was here, he was met with frankness, and unreserved communications were made to him concerning our views on the M'Leod and Caroline questions. We expected similar confidence to be reposed in us, more especially as the questions have a local bearing and local interest affecting this state. No communications on that subject have been received, except the president's reply to a letter of mine concerning an incident connected with the proceedings in the supreme court of

this state.

It is not doubted that the derangement of business resulting from the death of General Harrison caused the interruption of communication on that interesting subject. We have been left, however, to conjecture, and learn from apparently semi-authentic givings-out in the newspapers, the course of the general government upon a question of exciting interest. Under these circumstances, we may have erred through want of information, but we have felt it our duty to advise against a proceeding that seems to have been thought wise at Washington.

I should have been wanting in the frankness which I desire always to manifest if I had not made known to the president that the surrender or discharge of M'Leod, with the seeming agency

or consent of the general government, would have a most unhappy effect; while by suffering him to be tried by the court in the ordinary form, we have a course perfectly safe. Here we must and shall act according to these views, at least until better informed.

I fear, dear sir, I shall be thought one of those who take pleasure in fault-finding. I assure you, however, that if I am constitutionally disposed that way, I have had experience enough of being found fault with to save me from that category.

Wishing you all success in your very arduous and responsible duties, I remain, very respectfully, your friend and obedient ser

vant.

TO LOVELL G. MICKLES, ESQ.

WESTFIELD, CHAUTAUQUE COUNTY, August 23, 1841.

MY DEAR SIR: Your letter of the 16th instant found me at Buffalo. I am spending two or three days here, and shall without much delay return to Albany.

The veto-message is very unfortunate in its effects in this region, if it be unfortunate to alienate one's friends, and excite a triumphant tone on the part of one's enemies.

We look with much solicitude for what is to follow. The passage of the bankrupt bill gladdens many hearts. It has never been my purpose to complain of Mr. Webster or the administration at Washington. I have been content to do my duty, and leave consequences to take care of themselves. It surprises me, however, that Mr. W. should aver that I had in all cases been treated fairly.

When the new administration came in, it found a manifesto written by me, and addressed to Mr. Forsyth, in which I assumed the ground taken by him, and justified it, thus making it the ground upon which this state was to insist. Mr. Webster changed this ground, and sent Mr. Fillmore and the attorney-general of the United States to consult with me on the subject. I communicated to both these gentlemen my dissent from Mr. Webster's opinions, which I was informed were yet open for review, and were not communicated to Mr. Fox. I corresponded upon the

whole matter freely with Mr. Crittenden, Mr. Fillmore, and General Scott, all of whom accorded with me in opinion, and agreed so to report to Mr. Webster. They further agreed that, if Mr. Webster should coincide, they would file with him my written answer to his communication, and if he or the president dissented, I should be informed before any communication was made to the British minister, to the end that a further consultation might be had between the government at Washington and myself. For this frankness on my side I have had no return. Mr. Webster, without making any further communication to me, committed himself to Mr. Fox, repudiating the ground solemnly assumed by this state. He left me to learn from the president's message to Congress what had been his decision upon a point in which he had opened a consultation with me. That decision was communicated to the British government several weeks before it was made known to the state of New York. This may have been frank, generous, and wise, but I have not so regarded it.

This breach of courtesy and confidence was followed by committing the office of district-attorney of the United States to a man actually known to Mr. Webster to be counsel for M'Leod after I had expressly notified Mr. Webster, through Mr. Crittenden, of that incongruous relation. When I protested against the district-attorney's acting as counsel for M'Leod, I was answered by ribaldry, although the course I adopted was necessary, not only to protect the dignity and honor of the government of the United States, but also the rights of this state. I am informed in a most authentic manner that my name has been associated in Mr. Webster's society with personal and dishonorable motives in regard to the M'Leod affair.

These are some of the circumstances which might have occurred to you when Mr. Webster desired you to specify when I had been treated with unfrankness.

But they are unimportant. None regrets more than I do any accident that disturbs the relations between the political power of this state and the federal government. I ask no consideration for personal grief, as I have never sought any personal consideration of the president or his cabinet. I am content to pay with disregard all injuries done to me, and I shall most assuredly approve of all the measures of the federal administration that shall entitle themselves to the approbation of anybody.

Yours, very respectfully.