But the prominent subject of the message related to Texas. The annexation of that territory to the United States was supposed to be occupying a large share of the executive attention, and intimation had been given in the official organ, that considerable progress had already been made towards the accomplishment of that object. The message was less explicit on the subject than the people had reason to anticipate from what had been semi-officially published; but it was apparent that the interest taken in Texas by the Executive foreshadowed his ultimate purpose in relation to her becoming a part of the Federal Republic.
On the 8th of January, 1844, an act passed the house of representatives, reimbursing a fine imposed upon General Jackson at New Orleans, at the time of the attack and defence of that city. The repayment of this fine had been recommended by the President in his annual message in December, 1842, but so much opposition to the measure had been manifested, that until now a favorable vote could not be obtained. The history of the imposition of this fine, according to a writer on the spot, is briefly as follows.
After the signal defeat of the British on the 8th of January, they withdrew on board their ships. News of peace with Great Britain meanwhile reached the city. General Jackson, notwithstanding, persisted in continuing martial law. This created dissatisfaction among the volunteers on the line. One of them, Louallier, a member of the legislature, who had acted in a highly meritorious manner in the defence, setting an example to the native citizens which had a great effect (in fact he had more of the American feeling than any Louisianian I had become acquainted with,) conceived that the unbending military discipline of Jackson towards the citizens and volunteers was oppressive, and wrote an anonymous letter on the subject, which was published in a New Orleans paper. The editor of the paper was ordered to appear before the general, escorted by a military guard, and being threatened with punishment, gave up the author. The displeasure of the general was now turned against Louallier, who was immediately put under strict arrest, while an order was issued forbidding any further publications on these subjects—thus silencing the press. Louallier was ordered to be tried for treason by a court martial, and if the court had been sufficiently compliant, there is no doubt that he would have been shot: but, fortunately, General Gaines, whopresided, was the means of preventing so shocking a catastrophe. In the mean time, the friends of Louallier applied for a habeas corpus, which was issued by Judge Hall, after it had been refused by Judge Lewis. Jackson not satisfied with simply disregarding the writ, sent a file of men, who seized the judge, carried him ten or twelve miles out of the city, and left him with orders not to return. It was soon after the official announcement of peace, and the cessation of martial law, that Judge Hall returned to New Orleans and summoned General Jackson to appear before him and answer for his disobedience of the writ of habeas corpus. This General Jackson refused, for which refusal Judge Hall fined him one thousand dollars.
This was the fine which the President recommended Congress to reimburse. The payment of it was strenuously resisted, on the ground that it would be reflection upon Judge Hall, who imposed it in the discharge of his official duty, for a violation on the part of General Jackson of the laws of the constitution. The act for reimbursing the fine, however, passed both houses of congress—the vote in the former being taken January 8th, 1844, the anniversary of the battle of New Orleans, and standing 158 to 28. The vote in the senate was taken February 14th, and stood 30 to 16. The act disclaimed any reflection upon Judge Hall. The original fine was 1000 dollars. This with the interest amounted to 2700 dollars, which was forwarded to the general from the public treasury at Washington by a special messenger.
On the 2d of March, 1814, a most tragical event occurred on board the United States steamship Princeton, during her return from an excursion down the Potomac. Captain Stockton, the commander of the ship, had invited the President, the secretaries with their families, and several members of congress to an excursion down the river. The day was fine; the company large and brilliant—probably not less than 400 of both sexes. During the passage, one of the large guns on board, called the Peacemaker, carrying a ball of 225 pounds, was fired several times, exhibiting the great power and capacity of that formidable weapon of war. The ladies had partaken of a sumptuous repast; the gentlemen had succeeded them at the table, and some of them had left it. The vessel was on her return up the river, opposite the fort, when Captain Stockton consented to fire another shot from the same gun, around and near which, to observe its effects, many persons had gathered, though by no means so many as had witnessed the previous discharge.
The gun was fired.The explosion was followed, before the smoke cleared away so as to observe its effects, by shrieks of woe which announced a dire calamity. The gun had burst three or four feet from the breech, and scattered death and desolation. Mr. Upshur, secretary of state; Mr. Gilmer, recently appointed secretary of the navy; Commodore Kennon, one of its gallant officers; Virgil Maxcy, lately returned from a diplomatic residence at the Hague; Mr. Gardener of New York, formerly a member of the senate of that state were among the slain. Besides these, seventeen seamen were wounded, and several of them mortally. Captain Stockton, Colonel Benton of the senate, Lieutenant Hunt of the Princeton, and W. D. Robinson of Georgetown were stunned by the concussion.
The scene baffles description. Wives widowed in an instant by the murderous blast! Daughters smitten with the heart-rending sight of their fathers’ lifeless bodies! The wailings of agonized females! The piteous grief of the unhurt but stricken spectators! The wounded seamen borne down below! The silent tears and quivering lips of their brave and honestcomrades, who tried in vain to conceal their feelings! What words can adequately depict a scene like this!—A few days after, the funeral ceremonies, which were conducted with appropriate order and solemnity, took place at the presidential mansion, at which were present the surviving officers of government, civil, military and naval; the foreign ministers, members of both houses of congress, and relatives and personal friends of the deceased.
Shortly after the above sad event, Mr. Upshur’s place in the department of state was supplied by the appointment of John C. Calhoun, of South Carolina, and the vacancy occasioned by the death of Mr. Gilmer was filled by the appointment of John Y. Mason.
On the 22d of April, a message was transmitted to the senate by the President, announcing to that body the negotiation of a treaty with Texas; the object of which was to annex that territory to the United States. “I transmit herewith,” said he, “for your approval and ratification, a treaty which I have caused to be negotiated between the United States and Texas, whereby the latter, on conditions therein set forth, has conveyed all its rights of separate and independent sovereignty and jurisdiction to the United States. In taking so important a step, I have been influenced by what appeared to me to be the most controlling considerations of public policy, and the general good; and in having accomplished it, should it meet with your approval, the government will have succeeded in reclaiming a territory, which formerly constituted a portion, as it is confidently believed, of its domain under the treaty of cession of 1803, by France to the United States.”
By this treaty, the republic of Texas was to be annexed to the United States as one of the territories. Her public lands were ceded and subject to the laws regulating public lands in the other territories of the United States. Her public debt and other liabilities to be assumed by the United States, &c.