depredations that they shall not construct fortifications, or make permanent settlements: and that, if these acts be persisted in by Maine, Her Majesty's Government will "feel it their duty to make such military arrangements as may be required for the protection of their rights: adding, that the responsibility for any collision which may result from the unjustifiable proceedings of Maine will rest with the people and Government of the United States.

Mr. Forsyth, in his reply, combats Mr. Fox's views, and, at much length, aims to disprove any infraction by Maine of the agreement made between the two countries. He expresses the President's painful surprise that the British Government should justify a military preparation for a collision with the unarmed inhabitants of a friendly State. He admitted that, if all military interference was not arrested, the evil predicted by Mr. Fox might unfortunately occur; but that no apprehension of the consequences would divert the people and Government of the United States from fulfilling their duty to the State of Maine. He then refers to the President's offer to submit the decision of the question to a third party; states that he has been, in all his subsequent steps, actuated by the same spirit; and that, under these circumstances, he cannot apprehend that the responsibility for any unfortunate consequences will be imputed to the United States.

Mr. Fox closes the correspondence by stating that he should transmit Mr. Forsyth's note to Her Majesty's Government, to which he should add nothing but a distinct and formal repetition of the fixed purpose of his Government.1

The Governor of Maine insisted on the propriety of Niles's Register, Vol. LVIII., page 67.

the course taken by the State, and renews the charge of a violation of the agreement between the two Governments by the British authorities. He adds that, though Maine had not yet taken military possession of the disputed territory, a continued disposition on the part of the British Government to delay a settlement of the question would, he thinks, induce such a step, whatever might be the consequences.

In Governor Fairfield's letter to the President, after stating the facts, and noticing the erection of barracks near the mouth of the Madawaska by the British, he calls upon the Government of the United States to protect the State of Maine from invasion, according to the guarantee of the Constitution.

On the twenty-first of January, Mr. Clay made a speech against the sub-treasury bill, and was replied to by Mr. Buchanan.

Some opinions having been thrown out that Congress might assume the payment of the State debts, as had been done with the debts contracted during the Revolution, Mr. Benton, by way of removing all doubt on the subject, offered some resolutions, which pronounced such assumption unauthorised by the Constitution, and that the measure would be, moreover, unjust, unwise, impolitic, and dangerous; which he supported by a long, argumentative speech.

Mr. Calhoun having made a speech against protecting duties, in which he had undertaken to show-first, that every addition to the tariff is a tax on exports; second, that it produces an expansion of the currency; third, that the South and West are the great consumers of the manufactures of the North and East; that the capacity of the South to consume depends on her great staples, and that the sale of these depends mainly on a foreign

market; fourth general proposition of his is, that the removal of duties increases the export of articles manufactured at home; and lastly, that the whole system of protection was prostrated by the State interposition of South Carolina.

All these positions Mr. Webster examined, and replied to some of them most conclusively.

Mr. Davis, of Massachusetts, replied to Mr. Buchanan's argument in favor of the sub-treasury scheme.

This being the year for electing a President and VicePresident, the two great parties assembled in convention, for the purpose of nominating their respective candidates. The Whigs, indeed, assembled at Harrisburg as early as December; and, of the three nominees - Henry Clay, William H. Harrison, and Winfield Scott-although Mr. Clay had more votes than either of his competitors, he was not able to obtain a majority; but, by a union of the friends of Scott with those of Harrison, the latter obtained the nomination, and John Tyler that of VicePresident.

The Democratic party also met at Harrisburg, in March, and nominated Martin Van Buren for President, and R. M. Johnson as Vice-President.

But a second Whig convention was proposed to be held in Baltimore, by the young men of the country; and the enthusiasm with which this invitation was received and acted upon, had never been equalled on a similar occasion.

On the fifth of March, Mr. Campbell, from the Committee on Elections, reported that, according to the evidence before it, a majority of the lawful votes were in favor of the five claimants who had not received the certificate of the Governor and Council.

Mr. Fillmore moved that the report be recommitted,

on the ground that some of the votes counted by the Committee appeared, by testimony in possession of the House, not to be legal (those given at South Amboy and at Melville), whereas the resolution of the House required them to count only "lawful votes."

This motion was opposed, and the discussion delayed and interrupted by every species of parliamentary tactics until the tenth; but the greatest perseverance was manifested by Mr. Fillmore; and, on an amendment to his resolution, it was decided, by one hundred and eleven votes to eighty-one, that the five members not returned were entitled to their seats. This seemed to be a pure party vote.

The cardinal point in the question was, whether the votes of Amboy and Melville should be counted; for, if they were, then the decision of a majority of the Committee and the House was right; if they were rejected, then the five members returned had a majority, and the decision was wrong.

This contest excited much interest throughout the country, but especially the refusal of the House to admit, in the first instance, the members whom the Executive authorities of New Jersey had returned as their Representatives. This decision appeared to be an infringement of the rights of the States, which, if it became a precedent, might give to a party majority in Congress the means, as well as temptation, to deprive their opponents of their rights, and even enable a minority to constitute itself a majority.

On the real merits of the rival claimants, there was room for a difference of opinion. If the election laws of New Jersey were disregarded, there was probable evidence that the five members not returned had received a majority of the votes; and they, therefore, had those

members who looked only to the popular will, in their favor. But, as the expression of this will is under the control of the law, which is itself evidence of a higher and more deliberate will, it seems clear that votes not taken according to law should not be counted; and the presumption was, that the State authorities were the soundest and safest interpreters of State laws.

The report made by the majority of the Committee on Elections disclosed the grounds upon which they narrowed the construction of the words "lawful votes;" and the minority report shows the grounds upon which the course of the majority was assailed.

It should further be stated, that the report of the minority had been suppressed by the previous question, and was afterwards refused admittance by a direct vote of the majority. The minority, therefore, in an address to the American people, communicated their report. It was signed by four of the nine members.

The majority of the Committee thought proper to answer the address of the minority to the American people, by a similar address, the main part of which was signed by three members together, and special answers given by Charles Fisher, and John Campbell, the Chair

man.

In the meanwhile, the excluded members, who had received the Governor's commission, employed themselves in taking testimony to show that they had received the greatest number of legal votes, which evidence was, from time to time, transmitted to the Committee for their final decision. This did not take place till the end of the session; but the Committee then conformed to their first decision on the prima facie evidence.

On the thirteenth of March, 1840, Mr. Calhoun offered a resolution, that a ship on the high seas, in time of