But the appearance of resolutions from legislatures, instructing Whig and pro-Bank Senators to vote to expunge the resolution of censure against Jackson, was the most bitter pill of all. Not only did it further embitter the Whigs against the Administration, but it put them at loggerheads with each other. This was especially true of the Whig Senators from Virginia, Tyler and Leigh, who took opposite views as to the inviolability of instructions. Throughout his entire career, Tyler had stoutly insisted upon the right of the people, speaking through their legislatures, to instruct their representatives in the Senate. This position had been adopted by the Virginia Whigs, and accepted by the people of the State. Because of this, Leigh now sat in the Senate, in the seat from which Rives had been instructed. But when a resolution was introduced in the Virginia Assembly, instructing the Senators from that State to vote to expunge, the Whigs began to divide on the question of compliance in the event of its adoption. There was never any question as to the attitude of John Tyler. Pilloried in history as a second-rate politician and a weakling, it is impossible to study his career without being impressed with his consistency, which was all too rare in his generation, and the unfaltering courage with which he lived up to his principles, regardless of the effect upon his personal fortunes. But Leigh, who owed his seat in the Senate to the principle of instructions, was made of less heroic clay. With the encouragement of Virginians, including Judge Brooke, who always reflected the views of Henry Clay, he began to hedge. Senator Barbour, another of Clay’s intimates, urged upon Tyler sophisticated reasons for ignoring the instructions.[898] When the resolutions were adopted in the lower branch of the legislature, the pressure of the Whigs to ignore them met with a gracious yielding on the part of Leigh, and the unscrupulous partisans were able to concentrate their efforts on Tyler. Such was the logic of party bigotry in 1836 that the Maryland Legislature, which had nominated Tyler for the Vice-Presidency, threatened to rescind the nomination if he complied with the instructions, and the future President, the truckling, tricky politician of historical caricature, expressed his disgust in a letter to his son: “These incidents look almost like a political romance in these days when everything is surrendered for office.... Give me the assurance that history will do me justice ... and I will go to my grave in peace.”[899] When the resolution was passed by both branches, and certified to the two Senators, Tyler, without a moment’s hesitation, resigned in a dignified letter to Van Buren, and retired to private life. Leigh ignored the instructions and retained his seat, but resigned in July. This contradiction sadly crippled the Whigs in Virginia; and when, during the spring, a dinner was given the two Senators by their fellow partisans, and Tyler was lauded for his act, the spicy Thomas Ritchie, of the “Richmond Enquirer,” insisted that two of the toasts were:

“John Tyler: Honor to him, because he could not, with honor, retain his seat.”

“Senator Leigh: Honor to him, because he could not, with honor, relinquish his seat.”

Thus Tyler passed from the ranks of the Opposition in the Senate, and William C. Rives, the friend of Jackson and Van Buren, vindicated by events, returned to strengthen the forces of the Administration.

The attitude of Ewing of Ohio toward similar resolutions by the legislature of his State was that of Leigh.[900]

All these manifestations of popular approval of the Administration, and dissatisfaction with the Whigs and their allies in the Senate, tended to infuriate the Opposition which found itself helpless before the tide. In Tennessee, however, the Administration was unable to secure instructions aimed at White, and the attempt merely furnished the opportunity for laudatory speeches on the Tennessee Senator, and bitter denunciations of the proposal to expunge. This defeat in Tennessee was the only hopeful sign that reached the Whigs in Washington.[901]

The greater part of the congressional session was devoted to some phase of the abolition agitation, and Calhoun bent all his efforts toward arraying the North and South against each other. He seemed determined to have it that the Northern people were in sympathy with the methods and purposes of the radical followers of Garrison. The mobs that had all but lynched Garrison, and forced the friends of Thompson to spirit him away, were Northern mobs. If the obnoxious literature had been burned by the people of Charleston, it had been thrown into the river by the people of Philadelphia and denounced by the people of Boston. No Northern statesman or politician had raised a voice in defense of the abolitionists, and most of them vied with Calhoun in their denunciation of them. But when, on January 7th, an abolition petition was presented, and Calhoun moved that it be not received and supported his motion in an intemperate speech, some of the most pronounced pro-slavery Senators took alarm. The great Nullifier declared that an irrepressible fight had been forced and should be met. “We must meet the enemy on the frontier—on the question of receiving,” he said. “We must secure that important pass—it is our Thermopylæ. The power of resistance, by the universal law, is on the exterior. Break through the shell, penetrate the crust, and there is no resistance within.” When, four days later, Buchanan presented a petition for the abolition of slavery in the District of Columbia and moved that it be received and rejected, Calhoun demanded that the question be put first on receiving, and a debate was precipitated which dragged along for weary weeks, ending in the defeat of Calhoun’s plan.

During the period of these intermittent discussions, the “Telegraph,” reflector of Calhoun, teemed with articles bitterly attacking, not so much the abolitionists as the North. This determination to treat the Northerners as enemies of Southern institutions was so apparent that a number of pro-slavery Southern Senators were moved to protest and to criticism of the Southern leader. Whether he was actuated, that early, by a desire to lay the foundation for a Southern Confederacy, or merely used this method to create feeling in the Southern States against the candidacy of Van Buren, can never be determined. But the Democrats supporting Van Buren had no doubt that the latter was the dominating motive. The sharp-tongued Isaac Hill, of New Hampshire, in a fierce assault on Calhoun’s position, directly charged that the “Telegraph” had been exerting itself from the time of the Nullification movement to drive a wedge between the sections, and warned Calhoun that the agitation he was forcing on Congress played directly into the hands of the abolitionists. But the latter had determined upon his course, and appeared not only willing, but anxious, actually to break with the friends of the South among the Northerners in Congress.

If he expected, however, in his fight against receiving the petitions, to prove Van Buren hostile to the interest of the South, he failed. The ten votes he mustered were recruited from both parties. Five were Whigs,[902] three were Democrats supporting the Administration,[903] and two were against the Administration and hostile to Van Buren.[904] Thus, with the exception of three Senators, all the supporters of Van Buren and the Administration voted to receive the petitions. The vote of White was unquestionably political, intended to strengthen his candidacy among the pro-slavery radicals of the Southern States.

But Calhoun was not discouraged. His political motive was more apparent in the battle over his bill to regulate the transmission of the mails, and exclude therefrom all abolition literature intended for the slave-holding States. We have noted the excitement of the preceding summer, and the attitude of Kendall. In his Message at the opening of Congress, Jackson had recommended the enactment of such a law “as will prohibit, under severe penalties, the circulation in the Southern States, through the mail, of incendiary publications intended to instigate the slaves to insurrection.” Calhoun had eagerly seized upon this recommendation to move its reference to a special committee, instead of to the regularly organized Committee on Post-Offices. Buchanan opposed the suggestion on the ground that the unusual course would tend to increase the excitement of the people.[905] Grundy of Tennessee held that the very fact that the majority of the Committee on Post-Offices came from a section not directly interested would give more weight to its recommendations.[906] King of Alabama took advantage of Calhoun’s queer disclaimer of a political motive to insinuate its existence, and favored the regular course for the reasons advanced by Buchanan.[907] Leigh supported Calhoun’s plan on the fantastic ground that since the obnoxious mail could not be excluded by the existing post-office regulations, the Committee on Post-Offices was clearly not the proper body.[908] But it was left to Preston of South Carolina to explain bluntly the motive of Calhoun. Since the South was especially interested, the committee should be composed of Senators from the slave-holding States. The Senate good-naturedly consented to Calhoun’s plan, and a special committee was named with Calhoun as chairman.