Chapter I: Front Matter (1)

THE SOUTHERN LITERARY MESSENGER:

DEVOTED TO EVERY DEPARTMENT OF LITERATURE AND THE FINE ARTS.

Au gré de nos desirs bien plus qu'au gré des vents.
_Crebillon's Electre_.

As _we_ will, and not as the winds will.

RICHMOND: T. W. WHITE, PUBLISHER AND PROPRIETOR. 1835-6.

{525}

SOUTHERN LITERARY MESSENGER.

VOL. II. RICHMOND, AUGUST, 1836. NO. IX.

T. W. WHITE, PROPRIETOR. FIVE DOLLARS PER ANNUM.

THE RULER'S FAITH.

BY MRS. L. H. SIGOURNEY.

“Come, lay thine hand upon her, and she shall live.”
_Matthew 9th and 18th._

Death cometh to the chamber of the sick.
The ruler's daughter, like the peasant's child,
Grows pale as marble. Hark, that hollow moan
Which none may help, and then, the last, faint breath
Subsiding with a shudder!
The loud wail
Bespeaks an idol fallen from the shrine
Of a fond parent's heart. A wither'd flower
Is there, oh mother, where thy proudest hope
Solac'd itself with garlands, and beheld
New buddings every morn. Father, 'tis o'er!
That voice is silent, which had been thy harp,
Quickening thy footstep nightly toward thy home,
Mingling, perchance, an echo all too deep
Even with the temple-worship, when the soul
Should deal with God alone.
What stranger-step
Breaketh the trance of grief? Whose radiant brow
In meekness, and in majesty doth bend
Beside the bed of death?
“She doth but _sleep_,
The damsel is _not dead_.”
A smother'd hiss
Contemptuous rises from the wondering band
Who beat the breast and raise the licens'd wail
Of Judah's mourning.
Look upon the dead!
Heaves not the winding-sheet? Those trembling lids—
What peers between their fringes, like the hue
Of dewy violet? The blanch'd lips dispart,
And what a quivering, long-drawn sigh restores
Their rose-leaf beauty! Lo, the clay-cold hand
Graspeth the Master's, and with sudden spring
That shrouded sleeper, like a timid fawn,
Hides in her mother's bosom!
Faith's strong root
Was in the parent's spirit, and its boon
How beautiful!
O mother, who dost gaze
Upon thy daughter, in that deeper sleep
Which threats the soul's salvation, breathe her name
To that Redeemer's ear, both when she smiles
In all her glowing beauty on the morn,
And when, at night, her clustering tresses sweep,
Her downy pillow, in the trance of dreams,
Or when at pleasure's beckoning she goes forth,
Or to the meshes of an earthly love
Yields her young heart! Be eloquent for her!
Take no denial, till that gracious hand
Which rais'd the ruler's dead, give life to her—
That better life, whose wings surmount the tomb!

SKETCHES OF THE HISTORY

AND PRESENT CONDITION OF TRIPOLI, WITH SOME ACCOUNTS OF THE OTHER BARBARY STATES.

NO. XI.

BY ROBERT GREENHOW.

By the evening of the 3d of July, the preparations for the bombardment of the Emperor's castle were completed; ditches had been dug to the extent of more than two thousand yards, and the batteries some of which were within musket shot of the walls, were armed with six sixteen-pounders, ten twenty-four-pounders, four eleven-inch mortars and six nine-inch howitzers. In order to secure themselves against any general attack, the French had likewise established communications between the different bodies of their forces by roads across the field and gardens, while they had barricaded or otherwise fortified the lanes and passes which separated their positions from those of their enemies. All this was done notwithstanding the bold and persevering efforts of the Algerines, who maintained an almost constant though ill-directed fire on the workmen from their batteries, and annoyed them by frequent sorties.

At day break on the morning of the 4th, a rocket was thrown up from the quarters of the French commander as a signal for the commencement of the attack, and all the batteries were instantly opened on the devoted fortress. Its dauntless defenders returned the fire, which they continued for some time with great spirit but with little effect, their balls and shells causing scarcely any damage to the persons or works of the besiegers. The walls of the castle, high and entirely exposed, soon exhibited evidences of the skill of the French artillerists; the materials of which they were built, crumbled under the “iron shower” falling incessantly upon them; and the embrasures, made unnecessarily wide, afforded but little protection either to the guns or to those engaged in serving them.

By eight o'clock the guns of the castle were nearly all dismounted, and the number of its effective defenders had been so much diminished, that it was found necessary to desert the ramparts, and retire within the great tower, which from the thickness of its walls offered at least a temporary security. On this last place of refuge, the Hasnagee hoisted a black flag, in token of his determination to die rather than yield, according to the promise which he had made to his master. He was however released from this promise by a signal from the Casauba indicating the Dey's wish that the fortress should be abandoned; this was accordingly done and the garrison escaped just as the French had effected a practicable breach in its wall. General Hurel who commanded the nearest battery, was then in the act of advancing with his men towards the opening, when suddenly the earth shook, the towers of the castle were seen to totter, flashes of flame and dense clouds of smoke rose above them, and an explosion ensued which momentarily stunned the ardent soldiers. The {526} Algerines, before they evacuated the castle, had fired a slow match communicating with the powder magazines in its vaults, and the last and strongest defence of Algiers was utterly destroyed. As the smoke vanished, the walls of the fortress were seen rent and shattered by the terrible concussion; the great tower was reduced to a few shapeless masses, and the ground in the environs was covered with fragments of wall, corpses and even cannon, which had been projected into the air by the violence of the explosion. The French soon recovered, and rushing forward with shouts of triumph, planted their standard among the smoking ruins; scarcely too was this done, ere the prompt and skilful engineers were directing the workmen to clear away the interior of the place, and stop the breaches in its outward walls, so as to protect it against the assaults of its former possessors. The ruins of the Star fort were also occupied, and preparations were made for erecting batteries on them for the bombardment of the city.

Algiers was now completely exposed; in a few hours the artillery which had so rapidly overwhelmed its strongest defence, would be levelled against the palace of the Dey and the dwellings of the citizens. Hussein and his subjects had done all that men could do in defence of their country; and it was unnecessary farther to provoke a foe who held them at his mercy. At two o'clock Sidi Mustapha, the Dey's private secretary, appeared under a flag of truce at Bourmont's head quarters, to offer on the part of his master, the surrender of those claims against France which had led to the war, as well as the payment of the expenses occasioned by the expedition, provided the French would leave the country. It is scarcely necessary to say that this proposition was rejected with scorn. “I hold in my hand,” was the reply, “the fate of your city; nothing less than its unconditional surrender can save the Dey and inhabitants from being buried in its ruins.” With this answer Mustapha returned to the Casauba, exclaiming, says Bourmont, “When the Algerines are at war with France, they should obtain peace before the evening prayer.” Such a speech may have been uttered by the trembling secretary, but when repeated in the despatch of the victorious general it became a mere _fanfaronade_.

A few bombs were immediately thrown into the town which produced the desired effects. Hussein saw that his fate was in the power of his enemies, and his whole anxiety was to obtain as good terms as possible for himself and his own immediate followers; he accordingly despatched a Turk named Mahmoud, and Bouderba a Moor who had lived in Marseilles and spoke French, to entreat that the firing might be stopped, promising a similar cessation on the side of the Algerines. They received at first the same answer which had been given to the Secretary; however a conference ensued between them and Bourmont, which resulted in a suspension of hostilities.

As soon as the Dey had received the first answer of the French General, he sent to entreat the intervention of the British Consul. Mr. St. John instantly obeyed the summons, and after an interview with the Dey, proceeded to Bourmont's head quarters which were by this time established among the ruins of the Emperor's castle, in order to learn with exactness the conditions required by him. Bourmont at first objected to his interference, but subsequently thought proper to treat with him. The plan of a Convention was in consequence drawn up between them, by the terms of which, the Casauba and all the other fortresses of the city were to be delivered to the French early on the following morning; the Dey and soldiers were to quit Algiers with their families and private property; the inhabitants were to be protected in the enjoyment of their personal liberty, property and religion; their women were to be respected, and their commerce and industry to remain undisturbed.

This Convention was sent to the Dey and immediately returned with his seal and signature affixed in token of his own assent; he however required time to consult his Divan without whose approbation it could not be legally executed. Bourmont agreed to wait until the next morning; he did not however suspend his preparations for the investment of the place, which were continued with unabated activity.

The debate in the Divan lasted the whole night of the 4th, and it was probably stormy; the younger and poorer members of the body proposed, it is said, to murder Hussein, then divide the treasures of the Casauba and escape with them to the interior of the country; the older Turks who had wives and other valuables to lose, found the conditions so much better than was expected, that they only doubted as to their being observed by the French commander. The morning's sun however put an end to the discussion, by enabling them to see every height around the place occupied by the batteries of their enemy; they therefore resigned themselves to their fate, and Mahmoud and Bouderba were despatched to announce their acceptance of the conditions proposed by the conqueror. The envoys were likewise charged if possible to obtain a delay of twenty-four hours before the entry of the French troops into the city; this was peremptorily refused by Bourmont, who probably conceiving that within that period the treasures of the Casauba might become the “private property” of the Turks, insisted that the port, the forts and the town should all be delivered to him before noon. The Dey of course assented to this demand, and prepared for his retreat to a house in the town which he had occupied before his elevation to the throne; the Beys of Tittery and Constantina made their way with their surviving followers to the country; the forts were evacuated, and the Turks and citizens sullenly retired to their houses.

The French troops were in the meantime collected under arms; every flag was unfurled, and all the pomp and circumstance of warlike triumph was displayed, to render the serious ceremony more imposing. At two o'clock the fleet was anchoring in security under the dreaded batteries of the Mole, and the famous _Algezr Al Ghazie_ so long the terror as well as the reproach of Christian Europe, was in the possession of the Franks.

Bourmont met at the gate the French prisoners who had been liberated, and after receiving their felicitations he hastened to the Casauba, whither a guard had been already despatched. The Dey was just taking his departure, and his followers were endeavoring to appropriate to themselves the rich shawls, hangings, plate, &c. which had not been secured, when the appearance of the French grenadiers put them to flight. The General received from Hussein the keys of the treasury, and accompanied by Commissioners who had {527} been appointed to that effect he proceeded to inspect its contents.

Whether the amount of treasure found in the Casauba differed from that stated in the report of the commissioners will probably ever remain a subject for speculation. Shaler reckoned it at fifty-two millions of dollars in 1818, when Ali Cogia transferred his residence to the Casauba; his calculations were however founded only upon the number and the probable values of the burthens of the mules employed to transport it. The British Consul, when he visited Hussein on the evening previous to the surrender of the city, “was admitted by him” says Campbell,[1] “to the chamber of his treasures. It was paved with stone, for no wooden floor would have borne the weight of them—golden coins literally in millions were heaped up like corn in a granary several feet high.” A French officer who accompanied Bourmont in his first visit describes rather more minutely the number and size of the rooms containing these precious articles.

[Footnote 1: _Letters from Algiers_ by Thomas Campbell, published in the London New Monthly Magazine. These letters give an agreeable and interesting picture of Algiers as it now is; the historical statements are, however, in almost every instance erroneous.]

Such appear to be the only data from which we can estimate the treasures in the Casauba previous to its surrender. Gold, silver and jewels, to the value of forty-one millions of francs (seven millions seven hundred and forty-nine thousand dollars,) declared by the General and Commissioners appointed to superintend the affair, to be the whole contents of the Algerine treasury, were transmitted to France immediately after the conquest of the city.

To these fruits of the expedition are to be added, wool and other articles found in the Magazines of the Regency, worth three millions of francs, and brass cannon valued as old metal at four millions, thus giving to the government an immediate return of more than nine millions of dollars, besides ammunition, materials of various sorts and public property to a vast amount. The whole expenses of the armament, to the middle of September following the capture of the place were reckoned at eight and a quarter millions of dollars, to which should however be added nearly half as much more for the cost of the blockade since June, 1827. Taking all the circumstances into consideration, the French Government was probably the gainer in the contest at the time of the capture of Algiers.

How many lives were lost during the war it is impossible to determine with accuracy; between the 14th of June, the day on which the French landed at Sidi Ferruch, and the 5th of July when Algiers was surrendered, it is supposed that not less than six hundred of their men were killed and two thousand five hundred wounded. Of the loss on the side of the Algerines we have no accounts, but it was probably greater than that of the French.

On the 11th of August the news of the surrender of Algiers reached Paris, and was received with the utmost enthusiasm by all classes of the population. The liberals could afford to rejoice as it came just too late to produce any effect on the elections, the result of which was known to be fatal to the Ministry. The Court was perhaps somewhat disappointed by the failure of what was in reality the principal object of the expedition; the _baton_ of Marshal of France was indeed sent to Bourmont, but the crosses (only three) to be distributed among his officers were much less numerous than had been expected.

The British Ambassador immediately offered his congratulations to Prince Polignac, expressing at the same time his conviction, that the French Government “would keep its faith with his Court and would not fall from the assurances given in the name of the Sovereign, that the expedition was undertaken for the sole purpose of vindicating the national honor, and not with views of acquisition or conquest.” The Prince in answer “declared his readiness to repeat his former assurances, from which he protested that their late success had given the French government no inclination to depart.”

With this repetition of former assurances terminated all correspondence on the subject between the government of Great Britain and that of Charles X. His successor on the 10th of August, immediately after his establishment on the throne, and before his government was acknowledged by that of Great Britain, verbally declared to Lord Stewart “his intention to fulfil the engagements of the preceding government relative to Algiers.” We have already seen how vague were those engagements. Charles the Tenth declared his readiness, “in case the existing government of Algiers should be overthrown, to concert immediately with the other Powers, the new order of things to be there established, for the greatest advantage of the Christian world.” The change produced in the political relations of the European Governments, by the Revolution of July, has rendered any such “concert” with regard to Algiers impossible; and the engagement of the French King may be considered as obsolete as that made by Great Britain at the peace of Amiens, to restore Malta to the Knights of Saint John.

To return to Algiers. Immediately after their occupation of the city, the conquerors took measures to conciliate the inhabitants, and to free the country from the presence of the Turks. For the former purpose administrative institutions were established, similar at least in name and form to those which had previously existed; they were however soon found to be inefficient, and were replaced by others which have been also since abandoned. With regard to the Turks a considerable number had perished in the conflicts, others went off with the Beys of Tittery and Constantina, and only about three thousand five hundred were left in the place. Of these the elder, and such as had wives and houses, obtained permission to remain in Algiers under certain conditions until they could dispose of their property; the others were sent without delay to Turkey, each man receiving five dollars on his departure.

On the 11th of July, Hussein embarked with his son-in-law the Aga Ibrahim, and their families and attendants to the number of a hundred, on board the frigate Jeanne d'Arc for Mahon, carrying with them, it was said, upwards of a million of dollars. As he has no farther connection with this history, it may be here stated, that from Mahon he proceeded to Naples where he had the satisfaction to learn that the Sovereign who had ordered, and the General who had effected his overthrow were themselves in exile; from Naples he went to Leghorn, in the vicinity of which he passed a year; {528} in 1831 he visited Paris, where he was of course the object of universal attention; his piety afterwards led him to make the pilgrimage to Mecca, and he died in Egypt in 1835, aged about 70 years. Notwithstanding his dethronement and exile, he was perhaps in every respect, the most fortunate of the Deys of Algiers.

The Bey of Oran, on learning the fall of the capital, made his submission to the conquerors and received their troops as garrisons into the principal places on the coast of his province. Achmet Bey of Constantina retired with the remnant of his forces and some Turks, towards his capital, determined to resist the invaders to the last extremity. As a first measure against him a division of the fleet under Admiral Rosamel was sent with a detachment of troops commanded by General Damremont to occupy Bona.

The Bey of Tittery appeared in person at Algiers on the 8th of July; and after a conference with the General in Chief took the oath of allegiance to the French before the Moorish Cadi or principal municipal officer of the place, and was confirmed in his government. He then invited Bourmont to make an excursion to Blida, a small town at the foot of the great chain of Mount Atlas about twenty-four miles south of the capital, assuring him that his presence there would tend to quiet the apprehensions of the inhabitants, and induce them the more readily to submit to the French. The Ex-Dey Hussein, on being consulted with regard to the propriety of making this excursion, declared his total want of confidence in the assurances of Abderrahman, whom he described a designing and treacherous knave. Notwithstanding this premonition, on the 23d of July the Marshal (he had just received his _baton_) left Algiers with about two thousand men and several of his principal officers for Blida, which place they reached in the evening after a fatiguing march across the Metijah. They were received with every demonstration of joy by the inhabitants, who came out to meet them bringing fruits and refreshments of all kinds; some uneasiness was indeed excited by the number of the Kabyles, who appeared loitering about the place and its vicinity; however no distrust was manifested by the French, the soldiers bivouaced in an open square, and the Marshal having occupied the best house in the place, was about to retire to rest, when some musket shots were heard under the window. One of his aid-de-camps went out to ascertain the cause and was immediately brought back mortally wounded; the assailants increased in numbers, and the French soldiers were soon completely surrounded and exposed to a murderous fire. In this state of things it was determined to retreat without delay to Algiers; the men although fatigued with their day's march were formed in order, and the party proceeded back to the city exposed during the way to the unceasing attacks of their daring enemies.

The ill success of this first attempt on the part of the French to penetrate the country, rendered the wandering tribes of Arabs and Kabyles more bold and more determined to resist the invaders, who were soon almost shut up within the walls of the capital. Several expeditions have been subsequently sent from Algiers in the same direction, the events of which are described in glowing colors in the despatches of their commanders; in one of them the treacherous Bey of Tittery was made prisoner and sent to Paris, where he strutted his hour rather as a prince than as a captive; this and the glory of planting the standard of France on a new soil, appear to have been the only beneficial results obtained from these excursions.

During the first ten days of August, no news was received from France. On the 11th of that month, a corvette appeared in the bay; she was recognized as French, but instead of the white flag of the Bourbons the tri-color of the revolution appeared on her mast head. The despatches brought by her were delivered to Bourmont, but notwithstanding all his efforts to keep their contents secret, the astounding details of the events which occurred in Paris during _the three days_ of July, soon became known. Bourmont assembled a council of his principal officers and proposed to them to retain the white cockade, and sail back to France with the army, in order to defend the cause of Charles the Tenth. His arguments were however unavailing; the majority declared in favor of the new state of things, and the tri-colored flag had been already hoisted by the fleet. At length after some days spent in hesitation, or in hopes that the cause of the Bourbons might not be lost, he at length decided to obey the orders which he had received, and his soldiers were gratified by seeing that standard which they considered as the symbol of victory, waving over the towers of the Casauba.

On the 2d of September Marshal Clausel arrived from France to assume the command of the forces, in the name of King Louis Philippe; on the same day, Bourmont accompanied by his two sons and carrying with him the embalmed heart of the third who had fallen in action, embarked on board an Austrian trading vessel for Malaga. He has since been a wanderer in exile; and except for a few weeks, during which he endeavored unsuccessfully to retrieve the fortunes of a fiendish despot, his active spirit has been unemployed. The Duke d'Escars and some other officers whose attachment to the cause of the fallen dynasty, was either too strong or had been too conspicuously manifested, also retired from the army; the general popularity and good management of Clausel however soon reconciled the majority of the disaffected to the change of rulers, and restored the troops to discipline.

The division of the fleet commanded by Admiral Rosamel, consisting of two ships of the line, three frigates and four smaller vessels, which quitted Algiers on the 26th of July, arrived before Bona on the 7th of August. That town was instantly occupied by the troops under Damremont, who endeavored to repair the fortifications and render them tenable against the Bey of Constantina as it was expected that he would soon attack them. The Kabyles however soon after appearing in great numbers about the place, it was judged prudent by the French Commander to withdraw with his troops to Algiers. The wretched inhabitants, who relying upon the assurances of the conquerors had quietly submitted to them, were thus left until the spring of 1832, to maintain themselves as they could against the savage mountaineers.

After the troops had been landed at Bona the French squadron proceeded eastward and on the 7th of August was seen at the entrance of the harbor of Tunis, where its appearance contributed to hasten the conclusion of the negotiation then in progress between the Consul of France and the Bey of that Regency. The result of the {529} negotiation was a treaty, signed at Tunis on the 8th of August, the provisions of which were apparently more liberal and more nearly universal in their application, than those of any convention previously made between a Christian State and a Barbary Power. The Bey of Tunis here distinctly renounced for himself and his successors, the right of cruising against any nation, which should renounce or have renounced the right of cruising against Tunis. Christian prisoners of war were not to be enslaved under any circumstances, but to be treated according to the usages of European nations. Foreign vessels wrecked on the coasts of the Regency were not to be plundered; their crews were to receive every assistance; those guilty of maltreating or robbing them were to be punished, and the government was made answerable for all injuries to their persons or property. Foreign nations were to have the privilege of establishing consular and commercial agents in any part of the Regency, and no tribute or present was to be exacted from or on account of them, on any occasion whatsoever. The subjects of foreign nations were to be at liberty to trade in all parts of the Regency, without being subject to any other than the established duties; and the government was to exercise no right of pre-emption or of monopoly, with regard to any goods which they may wish to buy or sell. Finally, the Bey gives to the French the full right of fishing for coral on certain parts of the coast of Tunis without any tribute or duty. These conditions appear to evince a degree of liberality on the part of France and of regard for the interests of other nations, which her former diplomatic proceedings had not prepared us to expect. However on examining the subject more minutely, it will be seen that although something may have been gained for the cause of civilization, by the formal admission of such principles, yet nothing was in reality secured to any other Power than France; for no other nation could or would avail itself of these provisions, as France could not be expected to enforce their observance, in any other cases than those in which the interests of her own subjects were concerned. The treaty was received with great dissatisfaction at Tunis; for which there was indeed just cause, as it not only prescribed new rules for intercourse with foreign nations but also interfered materially with the internal administration of the country.

Having produced the desired effect at Tunis, Admiral Rosamel sailed for Tripoli, off which he appeared on the 9th of August.

Ever since the precipitate departure of Baron Rousseau, the French Consul, from Tripoli, in August 1829, the Pasha of that Regency had been vainly endeavoring through the intercession of the Spanish Consul, to avert the vengeance which he knew would fall upon him, for his share in that affair. The news of the fall of Algiers left him without hope; and therefore as soon as the French squadron had come to anchor, he sent Hadji Mohammed the Bet-el-Mel or Judge of inheritances, on board the Admiral's ship, with full powers to conclude an arrangement. A convention was accordingly signed on the 11th, containing besides the same general stipulations to which the Bey of Tunis had agreed on the 8th, some severe and humiliating engagements on the part of the Pasha. In the first article, he agreed to deliver to the Admiral a letter, addressed to the _Emperor_ of France, in which he entreats his Majesty to accept his most humble excuses for the circumstances which had obliged the French Consul to quit his post; disavows all participation in the calumnious reports circulated with respect to that agent; and expresses his anxious desire for the restoration of friendly intercourse between the two countries, as well as for the return of Rousseau, to whom the excuses were to be repeated on his arrival. Yusuf moreover agreed to pay 800,000 francs, one half immediately, the remainder in December following, in exoneration of all demands of French subjects against him.

The 400,000 francs were with some difficulty procured and delivered in a few days after the signature of the Treaty; in December 200,000 more were paid and the revenues of the province of Bengazi were pledged for the remainder. Yusuf was however spared the mortification of being obliged to receive Rousseau again as French Consul in Tripoli; his place was supplied by M. Schwebels, who appears to be superior in capacity, acquirements and character to the generality of such agents.

The forced loans and other acts of violence by means of which these sums were raised, increased the unpopularity of the Pasha's government and contributed to excite disturbances in his dominions. In the spring of 1831, a formidable insurrection broke out in Fezzan, to quell which the Bey Ali was sent with a large force. Of the circumstances of the war we can obtain no accounts; its result was the discomfiture of the Tripolines and the return of the Bey to the capital. The rebels appear to have been headed by Abdi Zaleel, who has been already mentioned as the grandson of the celebrated Sheik Safanissa, and the Chief of the Arab tribe called the Waled Suleiman. The successful issue of this revolt encouraged many of the wandering tribes to throw off the authority of the Pasha, and his difficulties were soon after increased by another heavy demand on his treasury from abroad.

As soon as it was known that the French had obtained payment of nearly all the debts due to their subjects, the British Government of course insisted on a similar settlement in favor of its own merchants, which the Pasha, according to the immemorial custom of Princes and people in the East, evaded by every means in his power. Warrington at length declared that he would be put off no longer; accordingly on the 14th of July 1832, a British squadron of two frigates and a sloop of war appeared in the bay, and Yusuf was summoned immediately to pay a hundred and eighty thousand dollars to satisfy the demands of his English creditors. The Pasha in vain repeated the oft urged plea of poverty; in vain appealed to his sons, to his wives, to his ministers, and to the citizens of Tripoli; the sum could not be obtained, and although sixty per cent on the whole amount was tendered in part payment, the inexorable Consul refused to receive it. Yusuf in despair then determined to levy a contribution by force on the inhabitants of the Messeah, the rich and populous plain near the city; the attempt was resisted, the soldiers who were sent to collect the tax were repulsed, and the people of the Messeah raised the standard of rebellion.

A new actor now appeared on the scene.

It has been stated that on the death of the Pasha's {530} eldest son Mohammed, the claims of Emhammed the son of the deceased Prince to the succession, had been set aside by Yusuf, in favor of Ali his second son, who had been raised to the dignity of Bey. Emhammed had now attained manhood, and though closely watched by his uncle and grandfather had succeeded in forming a small party among the people, who looked to him for deliverance from the tyranny and oppression under which they groaned. In this he had been assisted and encouraged by the British Consul, who hating Ali on account of his connection with the D'Ghies family, and his well known partiality to France, adopted this means to satisfy his vengeance. Warrington has indeed been supposed to have carried his views still farther, and to have fomented disturbances in Tripoli, in order to obtain possession of the country for Great Britain. The sequel will show how far such suppositions were warranted.

As soon as the insurrection in the Messeah broke out, the neighboring Arab tribes came in crowds to join the rebels, and Emhammed, having succeeded in making his escape from the city, was proclaimed by them Pasha of Tripoli. The Bey Ali immediately assembled his adherents, and on the 27th of July 1832, a battle was fought on the sea shore between them and the insurgents. Emhammed's party was successful; the Bey's troops were driven back into the city, and the insurgents, receiving daily accessions to their forces, were soon able to close effectually all the communications of the place on the land side; a battery was also established by them at the entrance of the harbor on its eastern shore, in order to prevent the entrance of vessels. In a few days the city was completely invested by the besiegers, who began to bombard it; and the supply of provisions from the country being thus cut off, the inhabitants were threatened with the horrors of famine. The Consuls were however informed by Emhammed, that they might be furnished with necessaries for their families, by means of boats sent under the flag of a Christian nation to his batteries.

In the meantime, the British Consul had struck his flag, and the besiegers were in hopes that an attack would be made on the place by the squadron. These expectations were however disappointed by the sudden departure of the ships, in consequence it was supposed of an order from Malta, to which island Colonel Warrington shortly after sailed with his family in an Austrian brig.

Things continued in this state of uncertainty until the 12th of August, when the Consuls were informed by Yusuf, at a public audience, in the presence of his Divan and the principal persons of the place, that he had abdicated the throne in favor of his son Ali, whom he requested them to consider as Pasha of Tripoli. Letters were at the same time delivered to the Consuls addressed to the heads of their respective Governments, formally communicating the same intelligence, and soliciting from each the speedy recognition of the new sovereign. The means by which the old man was thus induced to transfer his powers to his son are not known; there is reason to believe however that he was impelled to it by the threats of Ali, and the promises and representations of the French Consul, both of whom had cause to apprehend that an admission of Emhammed's claims to the succession might otherwise be extorted from him by Warrington on his return from Malta. Ali immediately assumed the authority and title of Pasha, appointing as Prime Minister his brother-in-law Mohammed d'Ghies, (the younger, the old minister of that name died in 1831) who has been already mentioned in connection with the affair of Major Laing's papers.

STANZAS.

BY W. GILMORE SIMMS.

Oh, lovely were once her eyes, but grief
Their light hath now o'erclouded—
And her lips were sweet, like the budding leaf,
Though now their bloom be shrouded—
For in her heart, a malady
Like the canker-worm in the rose,
Preys ever there, unceasingly,
And gives her no repose.

It is sad to think, in a few short hours,
We shall look on her no longer,
For the glance gives sign of the failing powers,
And the pang grows hourly stronger;
We shall lose the balm of her budding breath,
We shall hear her voice no more;
We shall see those sweet eyes sealed in death,
That we once could so adore.

Yet shall I not weep, though losing all
For many long days I so have loved;
The tear that from mine eyes would fall,
My thought has well reproved:
For hers has been a doomed life,
And those who love her well, should pray,
That she may quickly lose the strife,
That has eaten her heart away.

THE RIGHT OF INSTRUCTION.

BY JUDGE JOSEPH HOPKINSON.

_Dear Sir_—I am well aware that my letter on the Right of Instruction, published in your June number, will encounter, in Virginia and elsewhere, names of high and deserved authority, and talents of great power, if it shall be thought worthy of any attention. I must therefore beg you to allow me to explain my views of this interesting subject, a little more fully than was necessary or proper in a letter to a friend. The additions, however, will be briefly made. I am particularly desirous to sustain myself by the countenance of our distinguished patriots and jurists, especially those who, having assisted in framing the government, may be presumed to understand its mechanism at least as well as the politicians of a later date; who are, as I have suggested, the authors of the doctrine of instructions. It was unknown to those who made the constitution—as well as to those writers and speakers who afterwards attacked and defended it.

It is a matter of familiar history that from the commencement of this government, there has been a party, {531} particularly in the South, powerful by its talents, its character and the public confidence, who have cherished and propagated, with unwearied efforts, a jealous fear of the power of the general government. They have taught and, I may not doubt, truly believed that this power would swallow the independence of the states, or so depress their influence and strip them of their rights, that they would finally become mere subordinate corporations, living and acting by the will of a master. I do not stop to examine the justice of this apprehension, nor to show that the federal government, _constitutionally administered_, (and no fair argument can be drawn from usurpation and violence,) has more to fear from the power of the states than the states from it. This is not my present purpose. I would show how the doctrine of instructions was introduced among us. It was one of the devices and means resorted to—and invented by the party I have alluded to, to cripple the federal power, and, in this way, to give the states a control over the action of the general government, which they could not exercise directly under any power or rights given or reserved to them in the constitution they had adopted. Thus by binding their representatives in Congress by the obligation of obedience to their instructions, and by limiting and fettering the powers of the federal body by their doctrines of _constitutional construction_, they would acquire an ascendancy over the federal operations which would reduce that body to a bloodless, fleshless skeleton.

In looking for a support for my opinions upon this subject, I was naturally led to open the volume of the “Secret Proceedings and Debates of the Convention,” published from the notes of Chief Justice Yates. In this volume we find also the information communicated, by _Luther Martin, Esq._ a delegate to the federal convention from the state of Maryland, to the legislature of Maryland, relative to the proceedings of the convention. This communication occupies about ninety pages of the book, and contains a string of resolutions, amounting to nineteen, reported to the convention by a committee of the whole house. The fourth of these resolutions proposed “That the members of the second branch of the legislature ought to be chosen by the individual legislatures, to be of the age of thirty years at least, _to hold their offices for a term sufficient to insure their independence_, namely, seven years,” &c. There is another provision in this resolution which shows an intention to make the senators equally independent of the several states and of the United States. It is that they are “to be ineligible to any office by a particular state—or under the authority of the United States—except those peculiarly belonging to the functions of the second branch, _during the term of service_, and under the national government for the space of one year after its expiration.”

Mr. Martin was a decided opponent to the adoption of the constitution; he was opposed to federal power—a friend of state power—and seeking every means by which he could restrain the first and strengthen and enlarge the latter. He especially feared the senate; but he never thought of this controlling right of instructions by which the states might direct the federal legislation at their will, and make their senators, in the language of Mr. Tyler, “mere automata to move only when they are bidden—and to sit in their places like statues, to record such edicts as may come to them.” Mr. Martin's objection to the construction of the second branch of the federal legislature is, that the senators are independent of the states appointing them. He objects that they are chosen for _six years_; that they are not paid by the respective states, but from the treasury of the United States; that they _are not liable to be recalled during the period for which they are chosen_. This very able and ingenious lawyer could not have made this objection if he had conceived the cunning device of making it the constitutional duty of a senator to resign his place at the will of the legislature of his state.—After stating these objections, Mr. Martin proceeds: “Thus, sir, for six years the senators are rendered _totally and absolutely independent of their states_, of whom they ought to be the representatives, without any bond or tie between them. _During that time_, they may join in measures ruinous and destructive to their states, even such as should totally annihilate the state governments; and their states cannot recall them, _nor exercise any control over them_.” Such was his understanding of the constitution, and of the rights of senators and state legislatures, under it. His objection was that _they are not_ precisely what the advocates for instructions say _they are_. He saw nothing in the instrument that gives the state legislatures any right to instruct their senators, accompanied by a duty on the part of the senators to obey or resign. This is practically to give the legislatures a power to recall their senators, as instructions may always be given which must be disobeyed by an honest man.

On considering the question whether the second branch of the general legislature should or should not be appointed by the state legislatures, Mr. Wilson (the most democratic of all the members of the convention) said, “It is improper that the state legislatures should have the power contemplated to be given to them. A citizen of America may be considered in two points of view; as a citizen of the general government, and as a citizen of the particular state in which he may reside. We ought to consider in what character he acts, in forming a general government. I am both a citizen of Pennsylvania and of the United States; I must, therefore, _lay aside my state connexions and act for the general good of the whole_. We must forget our local habits and attachments. There ought to be a leading distinction between the one and the other; nor ought the general government _to be comprised of an assemblage of different state governments_.” Mr. Wilson was opposed to the election of the senators by the state legislatures.

Mr. Ellsworth was for the state legislatures. He thought the choice by them would be more judicious. “In the second branch we want _wisdom and firmness_, to check hasty and inconsiderate proceedings of the first branch.”

Gov. Randolph, speaking of the senate, says: “This body must act with firmness. The state governments will always attempt to counteract the general government.” His opinion, of course, was, that it was the duty of the senators to resist these attempts, to protect the general government against them, and not to yield to them as bound and bidden slaves, and abandon to their caprices and will the sacred trust reposed in them.

Mr. Madison says: “We are proceeding in the same manner that was done when the confederation was first {532} formed. Its original draft was excellent, but in its progress and completion it became so insufficient as to give rise to the present convention. By the vote already taken, _will not the temper_ of the state legislatures transfuse itself into the senate? Do we create a free government?” We see then that Mr. Madison was of opinion that the mere power of appointing the senators by the state legislatures, would give those legislatures so much influence in this branch of the federal legislature as to impair its necessary power and independence. He asks: “Do we create a free government?” What would he have said had he supposed that to this power of appointment, there was to be added as flowing from it, an imperative and constitutional right of instruction, under the penalty of a forfeiture of the place by disobedience?

At another period of the debate, on the constitution of the senate, Mr. Madison says: “That great powers are to be given, there is no doubt; and that these powers may be abused, is equally true. It is probable that members may lose their attachments to the states that sent them; yet the first branch will control them in many of these abuses. But we are forming a body on whose wisdom we mean to rely, and their _permanency in office_ secures a proper field in which _they may exert their firmness and knowledge_. Democratic communities may be unsteady, and be led to action by the impulse of the moment.” After showing the dangers that may arise from popular bodies without some wholesome check and control of another body, he says: “The senate, therefore, ought to be this body; and to answer these purposes, they ought to have _permanency and stability_.”

On the debate on the question whether the senators should be paid from the national treasury or by the states, Mr. Wilson said: “The states may say, although I appoint you for six years, yet if you are against the state your table shall be unprovided. Is this the way you are to erect an independent government?” But the doctrine of instructions comes to the same end by a much shorter and more certain operation. _Obey or resign._ Men might be found who, to render a great service to their country, or from personal motives of inclination or ambition, would continue in their seats, although their compensation were withdrawn. But they have no such choice, when the action of the legislature comes upon them in the shape of instructions.

On the same question, Mr. Madison said: “I do assert that a national senate, elected and paid by the people, will have no more efficiency than congress; _for the states will usurp the general government_.”

In looking over this column of debates, I have made my selections as few and brief as possible. Not a syllable is found any where, or from any body, which hints at this right of instruction to senators, as a means by which the states may control or interfere with the constitutional action of the federal government, or add to their own power and influence. Every proceeding of the convention, every argument and word having any bearing upon the question, has a contrary tendency. The whole doctrine has been got up at a later date, to serve particular interests and purposes; and, unfortunately, is so palatable to state pride and state politicians, that it has found a reception too favorable for the safety of our government and the preservation of the Union.

I have not referred to the opinion of Mr. Burke, so often quoted, because I think the argument stands here on a different and a stronger ground. We have a number of sovereign states which have, by their own will, placed themselves under one government; and for this purpose, they have mutually agreed upon _the extent and manner_ in which each shall have a participation in the government of the whole. No one has a right to control or interfere with the government of the whole to any further extent or in any other manner than those which have been thus agreed upon. They may elect their senators by their legislatures respectively; having done this, their power over that body is fulfilled. The senators of each become the senators of all, and the power of each over them is merged in the power of the whole for the period for which they are elected. The senators from Virginia are as independent of Virginia as those from Massachusetts. Any control over, or interference with them, except by their periodical election, would verify the prediction of Mr. Madison, that “states will usurp the general government,” and that “the greatest danger is from the encroachments of the states upon the general government.”

If you will now do me the favor to republish some observations I had printed in the “National Gazette,” on the perusal of Mr. Tyler's letter, by which he resigned his seat in the Senate of the United States, I shall have the satisfaction to see, in your valuable journal, all I have to say upon a question which, in my view, is of vital importance to the existence of our national government, and the continuance of this happy and prosperous Union.

[The following is the article alluded to.]

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