The outside view of the slave question in the United States, at this time, is that the extension of slavery was then arrested, circumscribed, and confined within narrow territorial limits, while free States were permitted an almost unlimited expansion.

In 1822 a law passed Congress abolishing the Indian factory system, which had been established during Washington’s administration, in 1796, under which the Government acted as a factor or agent for the sale of supplies to the Indians and the purchase of furs from them; this branch of the service then belonged to the department of the Secretary of War. The abuses discovered in it led to the discontinuance of that system.

The Presidential election of 1824 was approaching, the candidates were in the field, their respective friends active and busy, and popular topics for the canvass in earnest requisition. Congress was full of projects for different objects of internal improvement, mainly in roads and canals, and the friends of each candidate exerted themselves in rivalry of each other, under the supposition that their opinions would stand for those of their principals. An act for the preservation of the Cumberland Road, which passed both houses of Congress, met with a veto from President Monroe, accompanied by a state paper in exposition of his opinions upon the whole subject of Federal interference in matters of inter state commerce and roads and canals. He discussed the measure in all its bearings, and plainly showed it to be unconstitutional. After stating the question, he examined it under every head of constitutional derivation under which its advocates claimed the power, and found it to be granted by no one of them and virtually prohibited by some of them. This was then and has since been considered to be the most elaborate and thoroughly considered opinion upon the general question which has ever been delivered by any American statesman. This great state paper, delivered at a time when internal improvement by the federal government had become an issue in the canvass for the Presidency and was ardently advocated by three of the candidates and qualified by two others, had an immense current in its power, carrying with it many of the old strict constructionists.

The revision of the tariff, with a view to the protection of home industry, and to the establishment of what was then called “The American System,” was one of the large subjects before Congress at the session of 1823–24, and was the regular commencement of the heated debates on that question which afterwards ripened into a serious difficulty between the federal government and some of the Southern States. The presidential election being then depending, the subject became tinctured with party politics, in which so far as that ingredient was concerned, and was not controlled by other considerations, members divided pretty much on the line which always divided them on a question of constructive powers. The protection of domestic industry not being among the powers granted, was looked for in the incidental; and denied by the strict constructionists to be a substantive term, to be exercised for the direct purpose of protection; but admitted by all at that time and ever since the first tariff act of 1789, to be an incident to the revenue raising power, and an incident to be regarded in the exercise of that power. Revenue the object, protection the incident, had been the rule in the earlier tariffs; now that rule was sought to be reversed, and to make protection the object of the law, and revenue the incident. Mr. Henry Clay was the leader in the proposed revision and the champion of the American system; he was ably supported in the House by many able and effective speakers; who based their argument on the general distress then alleged to be prevalent in the country. Mr. Daniel Webster was the leading speaker on the other side, and disputed the universality of the distress which had been described; and contested the propriety of high or prohibitory duties, in the present active and intelligent state of the world, to stimulate industry and manufacturing enterprise.

The bill was carried by a close vote in both Houses. Though brought forward avowedly for the protection of domestic manufactures, it was not entirely supported on that ground; an increase of revenue being the motive with some, the public debt then being nearly ninety millions. An increased protection to the products of several States, as lead in Missouri and Illinois, hemp in Kentucky, iron in Pennsylvania, wool in Ohio and New York, commanded many votes for the bill; and the impending presidential election had its influence in its favor.

Two of the candidates, Messrs. Adams and Clay, voted for and avowedly supported General Jackson, who voted for the bill, was for it, as tending to give a home supply of the articles necessary in time of war, and as raising revenue to pay the public debt; Mr. Crawford was opposed to it, and Mr. Calhoun had withdrawn as a Presidential candidate. The Southern planting States were dissatisfied, believing that the new burdens upon imports which it imposed, fell upon the producers of the exports, and tended to enrich one section of the Union at the expense of another. The attack and support of the bill took much of a sectional aspect; Virginia, the two Carolinas, Georgia, and some others, being unanimous against it. Pennsylvania, New York, Ohio, and Kentucky being unanimous for it. Massachusetts, which up to this time had no small influence in commerce, voted, with all, except one member, against it. With this sectional aspect, a tariff for protection, also began to assume a political aspect, being taken under the care of the party, afterwards denominated as Whig. The bill was approved by President Monroe; a proof that that careful and strict constructionist of the constitution did not consider it as deprived of its revenue character by the degree of protection which it extended.

A subject which at the present time is exciting much criticism, viz: proposed amendments to the constitution relative to the election of President and Vice-President, had its origin in movements in that direction taken by leading Democrats during the campaign of 1824. The electoral college has never been since the early elections, an independent body free to select a President and Vice-President; though in theory they have been vested with such powers, in practice they have no such practical power over the elections, and have had none since their institution. In every case the elector has been an instrument, bound to obey a particular impulsion, and disobedience to which would be attended with infamy, and with every penalty which public indignation could inflict. From the beginning they have stood pledged to vote for the candidate indicated by the public will; and have proved not only to be useless, but an inconvenient intervention between the people and the object of their choice. Mr. McDuffie in the House of Representatives and Mr. Benton in the Senate, proposed amendments; the mode of taking the direct vote to be in districts, and the persons receiving the greatest number of votes for President or Vice-President in any district, to count one vote for such office respectively which is nothing but substituting the candidates themselves for their electoral representatives.

In the election of 1824 four candidates were before the people for the office of President, General Jackson, John Quincy Adams, William H. Crawford and Henry Clay. None of them received a majority of the 261 electoral votes, and the election devolved upon the House of Representatives. John C. Calhoun had a majority of the electoral votes for the office of Vice-President, and was elected. Mr. Adams was elected President by the House of Representatives, although General Jackson was the choice of the people, having received the greatest number of votes at the general election. The election of Mr. Adams was perfectly constitutional, and as such fully submitted to by the people; but it was a violation of the demos krateo principle; and that violation was equally rebuked. All the representatives who voted against the will of their constituents, lost their favor, and disappeared from public life. The representation in the House of Representatives was largely changed at the first general election, and presented a full opposition to the new President. Mr. Adams himself was injured by it, and at the ensuing presidential election was beaten by General Jackson more than two to one.

Mr. Clay, who took the lead in the House for Mr. Adams, and afterwards took upon himself the mission of reconciling the people to his election in a series of public speeches, was himself crippled in the effort, lost his place in the democratic party, and joined the Whigs (then called the national republicans). The democratic principle was victor over the theory of the Constitution, and beneficial results ensued. It vindicated the people in their right and their power. It re-established parties upon the basis of principle, and drew anew party lines, then almost obliterated under the fusion of parties during the “era of good feeling,” and the efforts of leading men to make personal parties for themselves. It showed the conservative power of our government to lie in the people, more than in its constituted authorities. It showed that they were capable of exercising the function of self-government, and lastly, it assumed the supremacy of the democracy for a long time, and until lost by causes to be referred to hereafter. The Presidential election of 1824 is remarkable under another aspect—its results cautioned all public men against future attempts to govern presidential elections in the House of Representatives; and it put an end to the practice of caucus nominations for the Presidency by members of Congress. This mode of concentrating public opinion began to be practiced as the eminent men of the Revolution, to whom public opinion awarded a preference, were passing away, and when new men, of more equal pretensions, were coming upon the stage. It was tried several times with success and general approbation, because public sentiment was followed—not led—by the caucus. It was attempted in 1824 and failed; all the opponents of Mr. Crawford, by their joint efforts, succeeded, and justly in the fact though not in the motive, in rendering these Congress caucus nominations odious to the people, and broke them down. They were dropped, and a different mode adopted—that of party nominations by conventions of delegates from the States.

The administration of Mr. Adams commenced with his inaugural address, in which the chief topic was that of internal national improvement by the federal government. This declared policy of the administration furnished a ground of opposition against Mr. Adams, and went to the reconstruction of parties on the old line of strict, or latitudinous, construction of the Constitution. It was clear from the beginning that the new administration was to have a settled and strong opposition, and that founded in principles of government—the same principles, under different forms, which had discriminated parties at the commencement of the federal government. Men of the old school—survivors of the contest of the Adams and Jefferson times, with some exceptions, divided accordingly—the federalists going for Mr. Adams, the republicans against him, with the mass of the younger generation. The Senate by a decided majority, and the House by a strong minority, were opposed to the policy of the new President.