John Quincy Adams Digital Diary

13. VII: Mr was here this morning: the person some weeks since introduced to me by judge Story; and one of the claimants upon the Government of Spain— He told me that the principal, if not the sole reliance of those claimants for obtaining eventual indemnity for any part of their losses was upon me. That the Committee of Foreign Relations had reported a Bill for taking possession of Florida, without providing at all for the claims, and that many of the Northern Members were very unwilling to vote for it in that shape. But the Northern Members will not vote for taking possession of Florida at-all. The Missouri question has sickened them of Slave States, and although at the commencement of the Session they were ready to vote for the measures recommended by the President, they would now scarcely accept Florida as a gift— At one O’Clock I attended the Cabinet Meeting at the President’s— The first subject considered was the case of a number of Pirates now under sentence of Death at Baltimore, Richmond, Charleston, Savannah and New-Orleans— All cases of Privateers under the South-American colours— The whole number is forty-five— The opinion was unanimous that some of them must be executed, but that a large proportion of them should be reprieved— The papers relating to them were read with a view to ascertain, the individuals, who by any extenuating circumstances, might have any claim to be considered fit subjects for Mercy. A Letter from judge Johnson, who presided at the trials in Charleston and Savannah, sufficiently marked the discrimination to be made in those cases. There was a record of part of the Evidence in the cases at New-Orleans, from which one case of peculiar atrocity, and one of strong mitigation were selected. There was an earnest petition, in behalf of one of the men convicted at Richmond, and a recommendation in his favour by the District Attorney at Richmond— But the petition was from a brother of the culprit, living at Portland, Maine, and Crawford maintained there was nothing that recommended that case to favour more than any other— Stanard the District Attorney said in his Letter that he had considered this man’s case so much more favourably than the rest, that if the evidence had been otherwise deficient he should have discharged him and used him as a witness against the others— The most obvious feature in Crawford’s character is decision; but with strong sense, his opinions are sometimes so unaccountable that they surprize by their absurdity. He does not appear to be himself aware of the feelings which inspire them— He occasionally throws out opinions for the sake of making an argument; but in such cases I usually avoid taking it up. It was agreed that Mr Wirt the Attorney General, should see Chief Justice Marshall, and enquire of him, where the severity of the Law, and where the beneficence of humanity may best be dispensed— There was a petition from Baltimore, signed by the District judge Bland, and several others, praying a pardon for all the seven convicted there; but there were no solid reasons assigned for the prayer; and the opinion in the Cabinet was unanimous that Baltimore was of all others the place where the necessity of making an example was the most urgent. Bland was not upon the Bench when these men were tried, but he passed sentence of Death upon them, and I know not how he looked in pronouncing it. In Dr Franklin’s fable of Polly Taylor, the Judge on 284the Bench who convicts her of having had a bastard child, is the man by whom she was first seduced. If the Pirates at Baltimore, on receiving their Sentence could have addressed the Court, and told the whole truth they could have disclosed a scene of darker shades than the Story of Polly Taylor— There were two Petitions from these men sentenced at Baltimore, evidently written by one of their lawyers, and in a very disgusting style of levity and insolence. It was concluded that the public Justice and example required the execution of two at each place—and that the rest might be reprieved, and ultimately pardoned. Some question was made by Mr Crawford whether the power of the President extended to a commutation of punishment; but it was not determined, and should I think be taken up, and deliberately decided hereafter— Wirt said the power of the king to commute punishment was exercised only by special Statutes— The second subject discussed, was the application from the Governor of Georgia for Treaties to be held with the Creek and Cherokee Indians— Calhoun had expressed himself to me, very much averse to the measure; he said and now repeated, that those Nations had lately made very extensive cessions, and with great reluctance— That the attempt now to obtain further cessions would certainly not succeed unless we should bully them, and at great expense— A Treaty would cost fifty thousand Dollars; and we should be obliged to pay very nearly the full value for the Lands if we obtained them— To all this Crawford assented, but said there would be great dissatisfaction in the State, if the application should be rejected— There was an expedient proposed, of holding one of the Treaties—with the Creeks— The Cherokees being still more reluctant at marking any further cession. The President finally asked me what was my opinion. I said the United States were bound by compact with the State of Georgia, to obtain the cessions as soon as possible, and my opinion was that we ought to do precisely what the State of Georgia asked us to do. It was accordingly so determined; and that a Message should immediately be sent to Congress recommending that provision be made by Law for holding the Treaty— There is in this affair, among other things, much of Georgia party Politicks. Clark, the present Governor is an inveterate enemy of Crawford, and was chosen in opposition to Troup, who was Crawford’s friend, and the candidate of his partizans— Clark now urges the holding of these Treaties, and in his Letter to me, recommends, if the President should think that the Citizens of Georgia, are so much interested in the event, that persons from other States should be selected as Commissioners, that General Jackson should be one of them; adding that two thirds of the people of Georgia would have more confidence in him than in any other man. This is a home thrust at Crawford, whose deadly enmity with Jackson, is now perfectly notorious, and to whom is attributed the whole persecution of Jackson, on account of the Seminole War— Crawford would take no satisfaction in the success of Clark or of Jackson in rendering important and acceptable service to the People of Georgia. This disposition to thwart a personal enemy or rival, even at the sacrifice of the public interest, is a vice so deeply rooted in human nature, that it shews itself in every form of Government, and in none more than in ours— It is I firmly believe the greatest obstacle to the performance of useful service— The meeting broke up about four O’Clock— This and to-morrow Evening were assigned for receiving the visits of congratulation at the President’s on the Marriage of his daughter— Lieutenant Monroe called at my house to say, as from the foreign Ministers President, that he wished me to notify the foreign Ministers, that they might pay with their Ladies the wedding visit to Mr and Mrs. Gouverneur, and that it would be returned— But that it must stop there— I was not at home but it seems that Lieutenant Monroe, had mistaken his message. I went with Mrs Adams this Evening to the wedding party. The message was from the Ladies and to Mrs Adams— But as she in consequence of the conversation with Mrs Hay last week had already given notice to the diplomatic corps that they were not to know the President had a daughter married, it was finally concluded by Mrs Monroe and Mrs Hay to leave things as they are. Commodore M’Donough was introduced to me this Evening.