B I O GR A P H Y

MILLARD FILLMORE .

B U F F A L O

T H O M A S L A T H R O P S,P U B L I S H E R S .

C O NT E NT S .

INTRODUCTION,

CHAPTER I .HIS BIRTH

,A NCE STORS

,AND EARLY L IFE

,

CHAPTE R I I .

M R . F ILLMORE ’S E NTRANCE INTO PUBLIC L IF E,

CHAPTE R I I I .

M R . F ILLMORE ’S CARE ER IN CONGRE SS,

CHAPTE R IV.

THE TWENTY -SE VE NTH CONGRE SS,

CHAPTE R V .

THE PRE SIDE NTIAL CAMPAIGN O F 1844,

CHAPTE R VI .

E LE CTE D COMPTROLLE R O E NEW YORK,

CHAPTE R VI I .

V IC E -PRE SIDENT O E THE UNITE D STATE S ,

I V CONTENTS .

CHAPTE R VI I I .M R . F ILLMORE PRE SIDENT O F THE UNITE D STATE S ,

CHAPTE R I X .

THE COMPROMISE M EASURE S AND F UGITIVE SLAVE L AW,

F IRST ANNUAL M E SSAGE,

CUBA AND THE F I L L I RUSTE R S,

CHAPTE R X I I .

EXPLORING E X P E DITIONS To F O RE IGN COUNTRIE S ,

CHAPTE R X II I .AMERICAN PRINCIP LE S ,

INTR O D UC T I O N.

In the spring of 1 8 53 , M ILLARDFILLMORE ,the subject o f

the fo l lowing biographical ske tch , retired from th e P residency .

Several o f our mos t i l lustrious statesmen,who

,at the com

mencemen t of h is adm in istration,were master-spirits in th e

national councils, had been gathered t o the ir fathers . CA L

HOUN, indeed , had been summoned away before the d ispensation of Providence wh ich placed a new pilot a t the helm o f

S tate,and before the porten tous storm , then raging, had

gathered all i ts blackness . His last Speech in the Senate,

read for h im by a friend because he was too feeble to del iveri t,is pervaded by dark forebodings scarcely rel ieved by a

gleam of hope . His two great compeers,who sympath ized

in h is apprehensions, al though they did not share in h isdespondency, were still Spared to the coun try , and, at th ecommencemen t of Mr. FILLMORE ’ S adm inis tration , were lead ingmembers o f the Senate . C LAY had, some years before , b id a

formal,and

,as be supposed , a final farewel l to th is theater

o f h is labors ; but a great and peri lous crisis had now sum

moued h im again to the service of h is country . WE B STE R,

V I INTRODUCTION .

then also in the Senate , had recently put forth one of th e

mos t powerful efforts of h is eloquence for the preservation ofthe endangered Un ion . A l though , to use h is own language ,“ the imprisoned winds are le t l oose — al though “ the eas t

,

the west, the north , and the stormy south,all combine to

throw the whole ocean in to agi tation , to toss its b i llows to theskies, and to d isclose i ts profoundest depths, ” he would ne i thershrink from h is duty nor abandon hope .

“ I am looking out

for no fragmen t,” h e says, “ upon wh ich to float away from

the wreck, if wreck there mus t be,bu t for the good of the

whole,and the preservation of the whole ; and there is tha t

wh ich wil l keep me to my duty during th is struggle,whe ther

the sun and stars shal l appear, or shal l not appear for

many days .

I t was in the m idst of an agi tation wh ich thus aroused theenergies— in the midst of dangers wh ich thus alarmed the

apprehensions of our greatest and mos t experienced s ta tesmen,

that the administration of M I LLARD FILLMORE commenced .

Before he had been two mon ths in power, there was a l ul l inthe storm— the crisis had passed— and al though a heavyground- swel l con tinued , for some time, to mark the v iolence

of the recen t tempest,the country was fast se ttl ing in to tran

qu illi ty . A s the ablest men of both political parties had len t

the ir influence to secure the compromise, so they now un i tedto give i t stab ili ty by al l the combined we ight of the ir characters . Two years afterwards, both the great poli tical parties,into wh ich the country was then divided , sol emnly endorsed

i t, in the ir national conventions, as the F INAL SE TTLE ME NT of amos t dangerous controversy .

INTRODUCTION . vii

But no sooner had the administration wh ich had brough tabout th is auspicious resul t re tired from power, than othercounsels began to prevail. The first Congress that met after

the inauguration o f P res ident P IE RC E , signal ized itself bycarrying out his w ishes in the repeal of a compromise o f morethan th irty years’ standing

,regarded by the country as an

inviolabl e compact . Thus were the flood -gates o f sectional

agitation wanton ly re-Opened, and during the whole period o f

the presen t Democratic administration , the coun try has been

distracted by heated con troversies , on a subj ec t wh ich i t wassupposed the compromise o f 1 850 had withdrawn forever from

the arena of national poli tics.We are still in the m ids t of these controversies . Two o f

the three great parties into wh ich the country is now divided,

insist on making the slavery ques tion the leading issue in theapproaching presidential campaign . Granting the importanc e

o f th is . ques tion to be as great as these parties contend, in

whose wisdom can the American people so ful ly confide to

preside over its se ttlemen t , as in that of the statesman who,

three years ago,extricated the country from the same dangers

in to wh ich the Democrati c party has re-plunged it ? He who

has once p iloted the tempes t- tossed ship into a safe harbor,is the most su itable man to be again placed at the helm, wh en

her moorings have been wantonly severed , and she is again

drifting on the same stormy sea, exposed to b e Spl i t on the

same dangerous rocks .

But the presen t importance of the slavery question i sgreatly over-rated . The repeal o f the Missouri compromise,

wh ich had no other object than to gain the favor of the South

vi ii INTRODUCTION .

by open ing Kansas to sl avery, w ill inj ure the in teres t i t wasintended to promote. Kansas is as certain to be a free S tate

as if the Missouri compromise were standing to-day, in tact

and irrepealable . So far as relates to te rri torial extension for

thei r peculiar institutions, the South have gained nothingthe North lost nothing . O ther l aws th an the Missouri compromise— l aws wh ich no congressional enactmen t can repealthe laws o f c l imate and soi l— l aws which govern emigra

t ion , and, above all , l aws wri tten on the human heart,have

decreed the exclusion of slavery from the whole terri tory to

wh ich the Missouri compromise appl ied . The pre tende d

friends of the South have not on ly conferred no benefit o n

that section o f the country , but have call ed into existence the

most fo rm idable party that has ever been arrayed against

southern interests, and armed that party w i th specious andplausibl e arguments . Will the South support a policy so

fruitl ess In good , a policy so teeming w ith evil,to them

selves ? Will they act w i th a party t hat has wanton ly revivedan agitation wh ich i t was cl early foreseen would peri l their mostcherished intere sts ? So far as regards the spread of s lavery

,

noth ing has been gained or l os t by the repeal of the compro

m ise . That repeal is simply a fountain o f political excitemen t,

furnish ing top ics o f declamation to demagogues who aim to

purchase power at the expense o f the publ ic tranqui l l i ty . The

American party, seeing that neith er se ction of the coun try

has anything to gain by the continuance o f the controversy,

refuse to take any part in i t, excep t for the purpose o f

restoring peace .

INTRODUCTION . IX

As the party wh ich has nominated Mr . FI LLMO RE now

en ters a presidential con test for the firs t time, i t may not b e

inappropriate, before sketch ing the his tory o f i ts candidate , to

say a few words o f i ts principles . They make no appeal to alove of novel ty, to that reckless passion for change which

deligh ts in perpetual innovation . They address themselves ,on th e contrary

,to the sober sense

,the calm conservative sen

timent of the country . They are founded on PATRIOT I SMthe source o f al l publ ic virtue, the parent of al l the great

deeds that emblazon the pages of history . L ove for the land

that gave us birth —that instinctive feel ing which alike l eadsmen to repel the invader

,and to preserve their institu tions

from the unhal lowed touch of foreign influ ence that ennobl ing

sentiment which so constantly triumphs over the strongest o f

the selfish instincts, the love of l ife—which pours ou t its

b lood like water in its coun try ’s cause and counts i t glory

which feels that its native air is tain ted and no longer worth

breathing— its native soi l polluted , and fi t only to afford

graves for i ts sons, when th ey cease to be i ts sole sovereigns

—this sentiment i t is on which the American party is buil t,

and on which it rests its hopes for the success o f i ts funda

mental maxim, that A ME RICAN S SHALL RULE A ME RIC A .

The principl e is not new . Our fathers declared it whenthey cast o ff their al l egiance to the British crown, and refusedto be taxed by a foreign parliament. They embodied i t inthe Constitution o f the country when they inserted in that

instrument a provision that th e two highest officers of the gov

e rnmen t— the President and Vice-presiden t of the Unite d

States shal l be native -born citizens . They recognized it in1*

X INTRODUCTION .

the provisions o f the same ins trument which forb i d the election‘

o f any person to the United States Senate who has not resi ded

in the country nine years in addition to th e period Congress

migh t require for natural ization,or of any person to the

House o f R epresen tatives whose residence has not ex tended

seven years beyond the same period. The length o f t ime

aliens shal l reside in the country before they can become

citizens, was not fixed by the Constitu tion , but wisely left to

the discretion of Congress. Circumstances might arise requ ir

ing an extension o f the period, and Congress was clothed w iththe power to extend i t as the exigencies of

‘

t he country and

the safe ty o f i ts institutions should render expedien t .

Why raise an impassab le barrier against a natural ized ci ti

zen becoming eligib le, by any length of residence, to eithe r

o f the highest oflices’

? Why take such an apparent excess of

precaution as to exclude from those oflices a person born on

ship -board during the voyage of his paren ts hither and whollyeducated in this country ? We put the question to those who

ridicule the idea o f danger to ou r institutions from foreign

influence, and ask if all this pains was taken to guard against

an u nreal danger ?

From the preponderance o f th e native over the foreign pop

u lation, a calculation o f probab il ities wil l show that there must

always be a large majority of native-born members of bothHouses of Congress . As the framers of the Constitution must

have foreseen that the natural ized members would always be

a m inority, i t cle arly fol lows that they apprehen ded danger

from the influence of even a few who might retain their foreign

p rej udices and sympathies, and so excluded foreigners from

INTRODUCTION . xi

the national counci ls for a long period after they had"acqu ired

the privi lege o f citiz enship .

The power granted to Congress over the whol e subj ect o f

natural ization , furnishes another conc lusive argument in favor

o f the same posi tion . It was foreseen that the future increase

o f immigration might become so great, and the danger from

foreign influence so augmented,that any rule o f naturalizat ion

inserted in the Constitution would prove ineflectu al against th e

increased pre ssure o f the evil . Congress was,therefore, in

v ested with unl imited discre tion , and left at l iberty to deal with

the danger according to the demands of its gr owing magnitude.

The first Congress j udged a residence o f five years a su ffi

cient preparation for citizenship . At that time,and for a long

period previous, nearly al l ou r immigrants came from Great

Britain . The presen t fac il it ies for crossing the ocean did no t

ex ist ; the voyage had not become so cheap as to p l ace it

within the means o f the poorest part of the population , nor

was there in this country the great demand for rude and

u nski lled labor which the growth o f ou r cities and ou r exten

sive publ ic works have since created . The bulk o f our immi

grant population was,at that t ime , more intel ligent and

respectabl e than it is now , and furnished materials for a

better class o f citizens . They were nearly al l Protestants ;

a large majority o f them were Englishmen . As Protestants,

they were inaccessible to the influence of a foreign hierarchy .

A s Engl ishmen , they had come to l ive under a governmen t

founded on the model o f the British C onstitution , and which , in

copying from that model,had retained a great deal more than

i t discarded. Comparatively li ttle transformation of character

xii INTRODUCTION .

was needed to bring such immigrants into ful l sympathy w ith

our sentiments , into perfect harmony with our insti tutions

With in the last twenty years al l this has changed . Ourimmigrants are no longer mainly Protestants . A majority o f

them no longer come from the country whose language we

speak,by whose l iterature ou r minds are formed , from whom

we have borrowed the habeas corp u s, trial by j ury, repres‘

en

tat ive governmen t,and the common law. We receive now,

with a great many estimable,i ndustrious

,sel f-respecting

p eople, the very dregs and scum o f the population o f Europe .

A l l tha t is benighted by ignorance—al l that is debased bysupersti tion— all that is squal id by poverty— al l that is

besotted by intemperance all that is detestabl e in morals

al l that is odious and abominable by crime— have, for the

last few years, been poured . upon ou r shore s,to taint ou r moral

atmosphere, and add to the corruption o f ou r l arge cities .

Without any knowl edge o f ou r institutions— without even any

acquaintance with our language, they are invested w ith the

most sacred of ou r pol itical privileges the elective franchise

and either sel l their votes directly to demagogues for some

paltry bribe , or yie ld them indirectly through th e influence

o f priests, whose wishes they are too supersti tious to resist .

If ou r fathers though t it necessary to guard so careful ly

against foreign influence when ou r immigran ts, comparativelyfew in numbers, were o f ou r own blood and l ineage, oi1r own

language and religion,and our own habits of thought, who can

consisten tly say that the necessity is not greatly enhanced, when,

besides the alarming increase o f numbers, the character of ou r

foreign population has become so much changed for the worse ?

INTRODUCTION . x i ii

Another consideration o f great weigh t in th is connection,is

derived from the local laws of the several States at the adoption of the Consti tution , and the passage o f the present

naturalization law. It is wel l known that the State Consti

t u tions then required a property qualification o f some kind,

general ly a'

freehold, as preliminary to the right o f suff rage .

A t that time an alien , when naturalized , did not n ecessari ly

become a voter. Under the then existing State regul ations,

none o f that class o f foreigners whose abuse of the elective

franchise has given origin to the American party,would have

been suffered to approach a bal lot-box . None except those

who had some stake in th e governmen t were al lowed a voice

in its pol icy . The extension o f suffrage ti l l i t has, in most o f

the S tates,become universal

,seems a w ise change

,when

considered in relation to ou r native population . With the

enlightened love of country which springs from American

birth and education ; with the habits o f industry, thrift and

enterprise so characteristic o f ou r peop le, which makes the

acqu isi ti on of property and social position the common aim o f

al l ; universal suffrage is not only free from danger, but is as

wise and j ust as i t is safe . But the great increase o f an igno

ran t and debased foreign population creates an imperative

necessity for either restoring the property qual ification , or

al te ring th e natural ization laws . At all even ts, i t must be

admitted,that natural ized citizens wield far more poli tical

power,in proportion to their numbers, than if the possession

o f a freehold had remained a qual ification for the righ t o f suf

frage . The law as i t s tands was framed with refe rence to a

diflerent cond ition of things from that in which it now Operates .

xiv INTRODUCTION .

When it was enacted , ou r foreign population was neither so

nume rous, so ignorant , nor so dissimilar to ourse lves as i t has

since become ; nor was it immediately i nvested with the right

o f suflrage, by the mere possession of naturalization papers ;

and,above all , the country at that time had no experience

o f the abuses of which we have been witnesses within a more

recen t period .

To remedy the evils in troduced into the pol itics o f the

country by demagogues who pander to the prej udices and

purchase the votes o f foreigners— to remove the corruption

which taints the fountains o f power— to restore to Americans

the influence which rightful ly belongs to them in the govern

men t o f their own country to rekindle the fires o f patriotism,

and foster that national Spiri t which is at once the Cheapest

defence o f th e country and the surest conservator o f its insti

tu tions— these are the purposes o f the American party, which

now enters the field for the first time with a candidate for the

h ighest oflice o f the government . That candidate having been

selected, i t is thought that a Simpl e and impartial reci tal of

the leading events of his l ife w i l l be acceptable to the

American people .

The task of preparing the fol lowing unpretending Ske tch

has devolved on the present writer, i n consequence o f the

absence from the coun try o f the gentleman whose li terary

tal en ts and long personal association wi th Mr . FI L LMORE would

render him the most sui table biographer o f his distinguish ed

friend . I refer to D r . THOM AS M . FOOTE , l ate Minister to

Austria ; who, summer before last, was urgently sol ici ted by

some o f Mr. FI LLM O R E ’

S friends to write the history o f his

INTRODUCTION . X V

administration . He at length yie lded to their persuas ions,

and promised to prosecute the work . The writer o f these

pages, then in habits of daily intimacy with D r . FOOTE , had

frequent conversation s with him rel ating to th e plan , topics,

arrangemen t,and mode of execution of the preposed h istory,

and was to have assisted him in t he composition o f some of i ts

chapters . The preparation o f the work for the press was

postponed during the autumn of 1 854 and the fol lowing

winter,i n consequence o f D r . F O O TE ’S feeb le heal th , and

during the summer of 1 85 5, by his occupation in superin tend

ing the bui lding of a new house . A l l thi'

s while,however

,i t

continued to be a frequent tepic of conversation ; and when,

l ast fal l , Dr . FOOTE le ft the country on his presen t E uropean

tour, there seemed a propriety , i f, during his absence, circum

stances should render advisab le the publication o f a brief

sketch o f Mr . FILLMORE ’ S l ife , that I Should be entrusted withits preparation . By abridging the material s Dr . F OOTE would

have used in a larger and less ephemeral work,and giving

more ful lness and prominence than he had intend ed to Mr.

FILLMORE ’ S early history, and his public l ife previous to hiseleva tion to the Presidency, i t was though t that a more

authentic and acceptab le b iography could be wri tten, than

would be l ikely to be produced by any person not conversan t

w i th Dr. FOOTE ’ S plan , and withou t access to his materi als .I have deemed i t p reper to make these statements

,partly

as an apology to the reader, but principal ly to enable him to

j udge o f the authen t icity of the fol lowing hasti ly written

ske tch , by the opportuniti es the writer has enj oyed for ao

quiring correct information .

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BIOGRAPHY O F MILLARD FILLMORE .

I t is formed and consol idated by long struggles with hardshipand difficul ty . The unbroken forest which ou r fathers en

countered ou these shores, and which i t was one of t heir ch ief

labors to fel l an d clear, was the school ordained by Providence

for the acquisition o f the self-relying and invincible energy, and

severe self-denial , which carried the country through the trial s

o f the R evolution , and infused a taste for the manly Simplicityo f a republican governmen t . The sturdy strokes o f the pioneer

’

s axe no t on ly fell ed the forest, but formed his own

charac ter . Of this peculiarly American labor the ancestors o fMillard Fi l lmore performed their ful l share

,transmitting from

generation to generation the manly firmness,v igor

,and se lf

reliance,the strong prac tical sense and moral robustness , to

-which th e subj ect of this biography is indebted for his eminen t

position .

Mr . Fil lmore ’s ancestrv which had taken root in Americansoi l at least four generations before his bir th , afl

'

ords so favor

ab le an exemplification of American character, and furnishes

so many in teresting inciden ts , that the reade r wi l l wi llingly

al low us to detain him whi le we briefly ske tch i ts history .

The early town records o f E ssex coun ty, Massachusetts,enable us to date the commencemen t o f ou r narrative more

than a century and a half ago . If we occasionally copy the

quain t Spell ing o f the o ld town clerks, we Shal l perhaps conveya more distinct impression o f those olden times .

John Fil lmore, “ saylor,” married Abagai l

,daughter o f

Abraham and Del iverance Ti l ton , o f Ipswich,June 1 9 th

,

1 70 1 . Their children were John , born in Ipswich , March 1 8 th,1 702 Ebenezer

,born in Beverly , and baptized in Wenham ,

Ju ly 2 1 st, 1 706 and Abagail,born l ikewise in Beverly

,and

baptized in Wenham , August l st, 1 708 . The diff erence between the places o f birth and baptism of the two younge st

o f these children , is accounted for by the fact that the church

in Wenham was the one nearest the residence o f their parents,

PARENTAGE AND ANCESTORS . 1 9

"the North Parish in Beverly, to which th e mother afte rwardsbe longed , not being organized til l December, 1 7 1 5 . N0 men

t ion is made o f the baptism of John,the e ldest son

,as his

mother did not unite w i th the“

church unti l 1 705,three years

after h is b irth .

By a deed executed November 24th , 1 704, Luke Perkins,

blacksmith,and Martha

,his wife

,

” conveyed for £50 to “John

Fillmore,mariner

,

” a house and barn and two acres o f lan d

on the road from Wenham to Beverly , near Wenham pond .

Abagai l Fi l lmore,though cal led “ w idow ” in 1 7 1 1 , did not

administer on her husband’s estate til l 1 7 1 5 . This delay isaccounted for by the fac t that being a saylor or mariner

,

”

he died at sea, and a long interval elapsed before legal evidence

was obtained of his decease . It was at length ascertained that ona homeward voyage the vesse l in which he sail ed was captured

by a French frigate,and the crew carried prisoners to Martin

ique, where they suffered all the hardships of a close and crue lconfinemen t . This was during"ueen Anne ’s war, which wasterminated by th e treaty of Utrecht in 1 7 1 3 . Be fore the end

o f the war,these prisoners were exchanged , but nearly all of

them,John Fi llmore among the rest

,died on board the cartel

ship on their passage home, a circumstance which gave rise

to the Suspicion that they were poisoned by the French .

The property o f which hi s widow was appointed adminis

tratrix, consisted o f the real estate already mentioned , wh ich

was valued by the apprai sers at the £50 for which it was pur

chased,and personal property valued at £22 1 3s. 6d .

, including

one bibl e and sermon books .” Abagail Fil lmore, the widow,

who was again married in Beverly,November 7 th , 1 7 17 , to

Robert Bel l,relinquished the administrat ion of her former

husband’s estate,in March

,1 723 , when her eldest son , John ,

became o f,

age,who was then appointed administrator, Abra

ham Til ton , carpenter, and Will iam Young, fisherman, being

his sureties. By a decree o f the court, the real estate is

20 BIOGRAPHY OF MILLARD FILLMORE .

conveyed to John F i l lmore, who immediately conveys it toother parties whose names and occupations are preserved in theo ld records .This Fil lmore estate in Beverly belonged

,i n 1 850, to C 0 1.

Jesse Sheldon,an d is s ituated near the North Beverly station

on the E astern Rai lroad . The house had not been standing

for many years, bu t the cel lar was fi l l ed up by C ol . Sheldon

after he became owner o f the field . The wel l was still i n a

good state o f preservation in 1 8 50,and the cinders, yet visib le

abou t the premises, bore wi tness to their having been occupiedby “Luke Perkins, blacksmith ,

” the original owner who deeded

i t to John Fil lmore,the elder . There is a tradition that Whit

field held one of his famous rev ival meet ings in the house .

We have omitted to mention a most daring and remarkable

exploit,which we wil l now describe . After the death o f his

father,John Fil lmore was appren ticed by his mother to a

carpenter. Like most boys in humb le life who l isten to the

conversation of sailors, he was seized with a passion for the

sea. Besides the dangers of a sea- faring l ife,the melancholy

fate o f his father furnished his mother with reasons for resist

ing his in cl ination , and detaining him at his trade. Though

h e yiel ded to her wishes, h e could not repress his thirs t for

adventure,and he continued to importune her to al low him to

make a voyage . As he approached his majority, his mother,finding his passion for a sai lor’s l ife unabated , reluctan t ly

yielded her consent to i ts indulgence , on condition tha t instead

of going to the West Indies, with which the commerce o f the

colonies was mostly carried on , he would merely make a fishing

voyage to the banks of Newfoundland . He accordingly

shipped for a fishing voyage on board the sleep Dolphin , o fCape Ann

,Mark Haskel l

,skipper. The sloop had scarcely

reached her destination,when sh e was surprised by what

proved to b e a pira te ship , commanded by John Phillips, a

noted pirate who then infested the American waters. The

A DAR ING EX PLOIT . 21

d iscovery was made too late for escape ; the crew was too

weak to resist ; and Haskel l could only abide his fate and

quiet ly await the event . When the pirate came alongside, aboat was sen t to the sleep, demanding o f i ts master who he

was and where he was bound . From this boat’s crew Haskell

l earned the character o f the ship which had approached him .

His crew, being mostly young, were struck with consternationo n find ing that they were in the power o f Captain Phil lips,the notorious p irate, from whose cruel ty they had every thing

to dread .

They were soon boarded by another boat from the pirate,

among whose crew Fillmore recognized a young man, three

years his senior, named White, whom he had formerly knownas a tailor’s apprentice . When this boat returned to the Ship ,Phi l lips ascertained that there was no property which he wanted

on board the Sloop , but White mentioned young Fil lmore tohim

,describing him as a bold , stout , resolute fel low, who would

make a valuable addition to his crew . Phill ips accordinglysent a boat again to the sloop , demanding th e surrender of

Fillmore,and saying that the rest of the crew migh t go free .

Fil lmore remonstrated with Haskel l against h is surrender, and

after some hesitation,i t was decided that he shoul d not b e

given u p l et the consequences be what they might . When

the boat returned without him , Phillips was greatly incensed,and sent againwith orders to bring Fi llmore ei ther dead or

alive,but offering

,i f he would come voluntarily, to re lease

h im at the end o f two months . Though placing li ttle confi

dence'

in the pirate’s word , the though t of rel ieving the rest of

the crew from danger, induced h im to trust to future chances

o f escape , and he reluctantly consented to go .

He was conscientious as wel l as s tout-hearted , and immedi

ately resolved that no extremity o f peri l shou ld induce him toSign the piratical artic les. Destruction seemed to stare him in

the face,and he was ful l of apprehension , which only showed

22 BIOGRAPHY O F MILLARD FIL LMORE .

that the inexpe rienced young man did not understand human

nature as wel l as his captors . They,ten in number

,were all

picked men—a set o f the most daring and hardy looking fellows young Fil lmore had ever set his eyes on . From White ’sdescrip tion they had formed the opinion that he would makea worthy compeer in the bold qualities on which they pridedthemselves, and they wished to secure themsel ves agains ttreachery by winning his voluntary consen t to thei r wicked

par tnership . He was therefore agreeably surprised to find

that they did not urge h im v ery strenuously to Sign their articles, that they utte red no threats, and used argumen ts rather

o f a persuasive than o f a compulsory nature . The captain

renewed his promise to rel ease him at the end o f two months,and young Fi llmore , assuming an appearance o f satisfaction,engaged to serve him during that term to the best of his abili ties. He was however placed at the he lm, the most labori

o u s post on the ship, and made to feel that his failure to sign

t he piratical agreement had increased the hardships of his

condition .

During the first two months no captures were made, excep t

o f some smal l vessel s whose loading was too inconsiderable to

tempt the cupidity o f the pirates .

When,at the expiration o f his time , F i l lmore reminded the

captain of h is promise to re lease him, he was told that l ittl e

business had been done since he came aboard, and that h e

could no t yet be Spared. Phillips,however, promised , “ on his

honor,” to set him free if he would serve faithful ly three

months longer. There was no al ternative , and he was com

pol led to comply .

During those three months there were no noteworthy occurrences. A few smal l vessels were taken and p l undered, buttheir cargoes were o f l ittl e val ue

,and their crews dismissed

unharmed except two or three robust stout- looking men, whom

Phil lips selected and compel led to Sign his articles .

. A DARING EX PLOIT . 23

When Fi l lmore again demanded his l iberty, he was answeredby such oaths and imprecations as only a p irate could use .

Abandoning al l hope of ever being l iberated by the clemencyo f the captain , he made u p his mind to endure his conditionwith as much forti tude aspossible , and consoled himsel f with

the hepe that prisoners migh t some day be taken in concertwith whom he cou l d effect his re lease . From this time his

sufferings and hardships were of the most aggravated character. One day , when bearing down on a merchan t vessel ,Phil l ips flew into a rage because Fillmore did not st eer ski l l

ful ly, and swmging his broadsword around his head, ou t

eleven holes through his hat and the Skin underneath . They

chased the vessel during the whole day, and when , at nigh t,they lost sight o f her, the captain laid al l th e blame on Fil lmore, and abused him accordingly . Our Space does not al low.

us to give the details of his subsequent suff erings and hisnarrow escapes from death , an account of which has long been

in print. A fter many trial s,there were on board the pirate

sh ip two individuals besides Fil lmore who had not signed the

p iratical articles . Taking advantage of a d runken carousal bywhich the pirates celebrated a recent success

,these three per

sons concerted a p l an for destroying the p irates and gettingpossession o f the ship . By bu rning

'

the feet of some while

they were dead drunk,so as to d isab le them , and despatching

others,including the captain

,with the ship carpen ter’s axes,

they got the u pper hand of the pi rates, and with the aid o f

some prisoners on board , consisting of Frenchmen and negroes,they carried the vessel safely into Boston . O f the pirates whowere brough t in

,two were executed in this country, and the

rest sen t to E ngland with th e forfeited vessel . Fil lmore had

been nine months on board the ship , an d the Court of Adm i

ralty, presided over by L ieutenant Governor’

D rummond ,which tried and condemned the pirates, expressed i ts sense of

the daring young man’ s valor by giving him Captain Phil lips’

24 BIOGRAPHY OF MILLARD FILLMORE .

gun,snver-hil ted sword , silver shoe and knee buckles , a curious

t obacco box, and two gold rings that th e pirate Captain Phil

l ips used to wear .” White and Archer, two o f the pirates,were executed June 2d , 1 724 , probably one or both o f them

in chains,as we find the bill o f Robert D obney,

“ smith , for“ makeing o f the chaines for John R ose Archer, one o f the

pyrates, and the hire o f a man to fix him on the Gebbe t at

Bird Island .

”

The Ipswich town records Show that John Fil lmore was

married,in the early part o f the fol lowing w inter, to Mary

Spil ler. He subsequently emigrated,w i th his wife , to Frank

l in , in Connect icut, then a part o f Norwich , where a number

o f the inhabi tants o f Ipswich had purchased a large tract o f

l and to which some o f them removed . Here the great-grand

father o f the ex-president, glad to abandon the sea, Spent th e

remainder o f his days in clearing the wi lderness, and cu ltivat

ing a new farm .

His son Nathaniel , while yet a youth , l eft the paternal roof

to seek his fortune in th e wi lds o f Vermont, and settled i n

Bennington , where he afterwards married , and reared a fam

ily o f six children , al l o f whom ,with one exception, are stil l

l iving. That one died, a few years ago, at the age o f eighty

one, and the average age of the five survivors,including the

venerable father o f th e ex-president,who is eighty-five , i s Up

wards of eighty years . This remarkable longeyity i s a b less

ing inherited from progen itors whose consti tutions were impairedby no v ices, and rendered robust by temperate habits and

manly toil . This Nathan ie l Fi l lmore fough t as a lieu tenan t

under General Stark in the battle of Bennington . His son

Nathanie l , the father o f Millard,who was then a boy o f six

years, has a distinct recol lection o f the noise of the guns d u ring the battle, having been at play, at the time, with otherl i ttl e boys whose fathers were likewise in the engagemen t. He

says their mothers were assembled at the house o f a neighbor,

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26 BIOGRAPHY or MILLARD FILLMORE .

nominated wil l feel a j ust pride in knowing t hat he is descended

from a long l ine of vi rtuous, hardy, patriotic and purely A merican progenitors, whose character was formed by purely

American influences . Including the son of the ex-presiden t,

the family can be traced on American soi l for six generations,

and, as has been said o f that o f Washington, its history gives

proof o f the lineal and enduring worth o f th e race .” Though

none o f Mr. Fillmore ’s ancestors rose to wealth or high public

station,none o f them fel l below the standard o f industrious

.

and

virtuous respectabi li ty, and when brought to the test, the fam

ily has always acquitted itsel f wi th courage, firmness,and

honor . “Hereditary rank may be an il lusion ; but HEREDITARYV I RTUE g ives a paten t of innate nobleness beyond al l the

blazonry o f the Herald’s

Mil lard remained with his father ti ll he was about fifteen

years o f age . During h is early chi ldhood he was a sickly and

somewhat backward boy, but when his consti tution began to

acquire more vigor, he evinced that love of reading and eage r

appeti te for knowledge by which a superior mind usually gives

the first indications o f its ex istence . The limited means o f his

father prevented h is enjoying any advan tages o f education

beyond the common schools o f his neighborhood , which, from

the newness of the country,were probably no t o f a very

high order. He rapidly acquired all that his teachers had to

impart, and devoured , in the intervals o f farm labor, every

stray book that fel l in his way . This, assuredly, was not a

superior education ; but it has been substantial ly the education

o f a great maj ori ty of American youth , since the first settl e

ment of the country . Washington’s early education was no

better ; Franklin ’s no t as good ; an d for a really robust mind,the kind of training i t affords is not without i ts advantages .In such minds it fosters that strong intel lectual thirst which

Irving’s L ife o f Wash ing ton .

EARLY E DUCATION . 27

is indispensab le to th e successful pursuit o f knowledge,and

without which all schools,and al l the elaborate appliances o f

instruction ; are idle and unavailing. The mind is not, as in

many inst i tutions o f l earning, se t to studying subj ects which

are either above its capacity, or in which i t fee l s n o interest ;i t n ever

,therefore, becomes cloyed or discouraged ; curiosity

is never blunted ; and the keen men tal hunger which resul ts

from scanty aliment, not on ly keeps the atten tion vigorously

awake during the process o f acquisi tion , but in the long inter

v als of labor, l eads the mind back to the ground it has goneover

,and cul tivates that habit o f reflecting on one ’s knowledge ,

without which it is o f l i ttle use . I t is a hard discipline , but

many great minds have been formed by i t ; and no American

youth,with the examples before him which the h is tory o f his

coun try affords, need despair, if h e has brains and resol ution ,o f acquiring al l the information requisite for eminent usefu l

ne ss . Not that col leges are either useless or unimportant ;but they have nothing better to impart than a keen appe tite

for knowledge , energetic mental action , and confirmed habi ts

o f reflection . These are th e keys o f the templ e o f science,and

whoever possesses th em has nature ’s diploma, whether he has

or has not been honored with a col lege parchmen t .A t the age of fifteen , Mil lard was sent to learn the clothier

’s

trade , a business which , as then conducted , furnished employ

men t during only 7a portion o f the year . When he hadremained four months w ith his maste r, h e returned home tospend the win ter, and earnestly remonstrated with his father

against being sen t back, assigning as a reason that h e wished

to l earn the trade , but had been kept, a great part of thetime, at other employments . Thus early did he display one

o f the leading characteristics to which h e is indebted for h is

success in l ife— impatience of doing things by hal ves, or

o f pretending to do a th ing and not doing i t thoroughly .

His father considered h is request reasonable and granted i t,

28 BIOGRAPHY on MmL AR‘

D FILLMORE .

promising to find him another place. Mr . Fillmore had a near

ne ighbor who was a clothie r, but he decl ined to take Millard ,because he had already as many appren tices as he could

employ . The father,therefore , rode several d ays for the

purpose o f looking up a place, but without any success .

Some time afterwards,one o f his neighbor ’s apprentices was

taken sick,and he applied fo r Mil lard’s services for a few

weeks ti l l he should recover . Mil lard was permitted to go ,and during those few weeks showed so much assid uity, and

proved himsel f so capable , that his employer was unwil ling topart w ith him, and applied

“ to his father to have him remain

as an apprentice . An arrangement was soon agreed upon , i t

being one of the stipulations that the boy shoul d work for h is

master on ly. when employed on the business h e wen t to learn,and that the rest o f the time his services should . belong to h is

father. No inden ture was drawn , each party considering theword o f the other a sufficien t guarantee for the fulfil lment o f

th e conditions .While learn ing h is trade, young F i l lmore taugh t school

w inters, and very soon becoming qualified for a teacher, he

was employed in that capacity , and for several years occasionally eked ou t his scan ty means by this laborious but usefu l

occu pation; As his facul ties unfolded with increasing years,the youth began to fee l a dawning consciousness that he wasborn for a higher destiny than card ing wool ' and dressingcloth . A t’ the' age o f n ine teen , he attracted the favorable

attention and made the acquaintance o f the late Walter Wood,

E sq , o f Cayuga coun ty, who d iscovered , beneath the rude

exterior o f the clothier’s apprentice, i ndications o f superior

talent, which he urged him to cul tivate . By the assistanceo f th is estimab le gentleman

,he was enab led

,with the consent

o f his father, to buy his time and devote himself to study.

He was received into the office o f Judge Wood , who had a.

l arge law. l ibrary,though he did but l ittl e professional business

,

L AW STUDIES . 2 9

be ing principal ly occupied in the management o f a large(estate . Here young Fillmore read law and general l i terature ,and ,

l ike Wash ington at the same age , he found empl oymen t

as a surveyor on the.new lands of his patron . By the occa~

siou al practice o f surveying, and teaching school a part o f the

year, he avoided incurring a larger debt to his bene factor than

he was abl e afterwards easily to pay .

In the fal l o f 1 8 2 1 , Mr . Fi llmore removed to E rie coun ty,and the next Spring entered a law off ice in Buffalo, main taining himself by teaching school wh ile pursuing his legal stud ies .

After a year passed in th is laborious manner, he was admi ttedto the Court o f Common Pleas, i n the Spring o f 1 823 . He

immediately removed to the vil lage o f Aurora, where h e

opened an office,and devoted himself to the practice of his

profession .

Such was the early li fe o f a man who was subsequently

honored with responsible civil t rusts, rose to fi l l the highest

office o f the country in a great and memorab le crisis, and now

ranks among the most eminen t statesmen o f his time . His

youth was marked by prudence,energy, perseverance, and

good sense, and gave evidence of talen t ; but though i t showedthe promptings o f a moderate and reasonable ambition

,i t

aflorded no indications from which even a sagacious observer

could have predicted Mr. Fillmore’s presen t eminence . He

was l ike one o f those si tes in th e vast and then uncul tivated

West, which have Sinc e risen to be great c ities and importan tmarts

’

o f trade . When Mil lard Fil lmore was a boy in thebackwoods, land in Buffalo or Chicago would have brough tno higher price in the market than mil l ions of acres of the

surrounding country . The men who first got a gl impse o f its

capabi l i ties,and laid ou t vil lage lots, showed by the prices at

which th ey sold them, that they had no susp icion o f the immense fortune wh ich was passing ou t o f their hands . Who

was there, at that early day, that could have picked ou t the

30 BIOGRAPHY OF MILLARD FILLMORE .

particular acres whose value would be a thousand fold of thato f the average acres o f the bound less West ? Or who, fromthe great mass o f humble and laborious American youth , could

have then sel ected the particular one that Should Wl n thehighest honors o f the R epub li c ? Who would have suspected

h e was that unassuming young man who has j us t gone to acountry v i l lage to establ ish h imsel f as a lawyer ? But

homespun garb Of that young man covers talents which wi l lcause us to hear from him again in a wider theater .

ELECTION To THE LEGISL ATURE . 31

CHAPTER II.

MR . F I L LM O R E’s ENTRANCE INTO PUBLIC LIFE .

Mr. Fillmore continued to reside at Aurora unti l the springof 1 8 30 . D u ring these seven years, his profess ional practice,

(as would be inferred from his location , in a purely agriculturaldistric t"was n ot large ; but all the cases in which he was employed were managed with so much abil ity that h is reputation

as a lawyer con tinued steadily to rise,until i t at tracted the

favorable attention o f his professional brethren in Buffalo,whither he was induced to remove by th e offer o f a h igh ly

advantageous connection with an older member Of thebar .

During his residence in Aurora , Mr . Fil lmore was married,i n 1 826, to Abagail, daughter o f R ev . Lemuel Powers

,a lady

o f great moral worth , of modest and unobtrusive deportmen t,and remarkable intel ligence and good sense . She was of

Massachusetts d escent, being o f the stock of the Lelands, andone o f the descendants Of Henry Leland

,of Sherburne,

one o f the early settlers o f the coun try . In the Le land family

magazine,publ i shed in 1 850

,the names Of all i ts members

are recorded , and among other wel l executed engravings, i t

con tains a l ikeness o f Mrs . Fil lmore, accompanied by a brief

sketch Of her l ife .Mr. Fil lmore ’s first appearance in publ ic l ife was during his

residence in Aurora . In the fal l o f 1 828 he had become so

favorably known to th e citizens Of E rie coun ty , that h e was

elected as their represen tative in the S tate Legisl ature , and

took his seat in that body the January fol lowing. In the

32 BIOGRAPHY OF MILLARD FILLMORE .

Pol itical History o f New York,

” wri tten by Judge Hammond,before Mr. Fillmore

.

had become much known in national

pol itics, we find the fol lowing mention o f his en trance intb

public l ife : “Several of the western coun ties were represen tedby anti-masons ; and among the most prominent O f t hem wereMil lard Fil lmore , from E rie ; Phi lo C . Ful ler, o f L ivingston

and Robert C . Nicholas, o f Ontario .

”

The fac t that Mr. Fillmore commenced h is publ ic l i fe as a

prominent member o f the an ti-masonic party , which had then

j ust arisen in Western New York, renders it proper th at we

Should make a few observation s on th e character O f that party .

Mr. Fillmore ’s prominent posi tion in i t‘ was the natural con

sequence of his su perior talen ts ; the fact that h e belonged to

i t,may require a d iff erent explanation .

Had it not been for recen t local occurrences Of remarkab l eatrocity

,which

,from the mystery in wh ich they were Shrouded ,

inflamed public curiosi ty in proportion as they baffled the

e fforts of j u stice, and which kept the whol e community in a

furor o f excitemen t that has hardly a paral lel in history,Mr. Fil lmore would have regarded the mason ic order, as all

j ust minds had previous ly regarded it, and as al l j ust m inds

now regard it , as a perfectly innocen t and harmless institu

tion ; in fact, merely a chari tab le and social cl ub, designed forthe promotion of good feeling among its members, and th e

relief o f their ind igent bre th ren .

‘ I t i s an ancient institu tion ,made respectabl e by the many eminen t men who have be

l onged to it ; and, by th e secrecy o f its proceedings , appealing

strongly to a princip l e o f human nature , which has displayedi ts activity in every age o f th e world . The cel eb rated E leuS inian and other mysteries o f the Greeks and R omans ; theE soteric doctrin es o f th e ancien t philosophers ; the sect o f

E ssenes among the Jews ; the Templars O f the middl e ages ;th e order Of Odd Fel lows in our own times , and the secre tsocieties in our col leges

, are i llustrations o f how congen ial It IS

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34 BIOGRAPHY OF M ILLARD FILLMORE .

in accordance with the specimens w ith wh ich they are mostintimately conversant .

The best apology for the anti-masohs is to be found in thefacts in which the party had its origin . A simple relation o f

these w i l l be a sufficient j ust ification for thei

opposition to ma

soury with which Mr . F i l lmore was identified, on his firstentrance into publ i c l ife . Occurrences which SO powerful ly

aroused publ ic indignation as to create a pol i ti cal party t hat

extended over a great part Of the country , and embraced a

ful l proportion of abl e and experienced'

men,and whose nomi

nation for the presidency was accepted by a man Of the char

acter and eminence Of Will iam Wirt occurrences which led

to these importan t results,coul d hardly have done otherwise

than make a deep impression on a young man o f twenty-Six,residing in the section o f country which was the scene o f theoutrage . Had he been indiflerent amid the deep excitementOf the whole community around him, it would have argued astoical apathy and callousness o f feel ing, not only discreditabl eto the heart o f a young man , but implying, in a person of any

age,a lack o f human sympathy, and o f that quick resentment

o f Inj ustice which is one Of th e best attributes of manhood .

A t Batavia, a beautiful vil lag e in Western New York, whichhad become a place Of importance when E nflalo was a merecl uster of rude dwel l ings, there resided , in 1 826, a printer,named Wil l iam Morgan . His business was not thriving

,and

being a royal arch mason , he h i t upon the expedien t Of

replenishing his pockets by divulging the secre ts of his order.A rumor soon became curren t that Morgan was preparing a

book on masonry, and attracted the attention of several o f themasonic lodges Of Western New York . On the 1 1 th of Sep

tember, the master Of a masonic lodge at Canandaigua, atown some fifty m i les distan t

,procured a warrant to arrest

Morgan on the charge o f steal ing a shirt and cravat, and, w i th

two or three other masons,proceeded to Batavia, where they

ABDUCTION OF MORGAN. 35

caused him to be arrested,hurried him into a carriage

,con

veyed him to Canandaigua, and brought him before the j usticeo f the peace who had issued the warrant . He was immed iately discharged , there being no evidence that he was gui l tyOf the larceny complained of

,but immed iately re-arreste d on

a smal l deb t, which had been'

assigned to the same master

mason who had procured the first warrant . Judgment was

rendered against Morgan for two dol lars,an execution instan tly

issued, and he was committed to close confinemen t in the

Canandaigua j ai l . Here he remained but a few hours . He

was d ischarged at a late hour Of the same even ing, and imme

d iately after leaving the prison doors, he was seized , gagged ,and put into a covered carriage

,which was driven two days

without in terruption , until , on the evening o f the 14 th Of Sep

tember,i t reached the Niagara river . This was accomplished

by relays of horses and the agency of many d iff eren t individ

nals ; and Morgan was confined in the magazine of For t Niag

ara , at the mouth of the river. This bold and unprecedented

outrage had been SO skil lful ly planned, and was executed with

so much address and caution , that i t was for a long timeimpossib le to penetrate the secrecy in which the consp irators

had vei led their movements .The rumor which had been for some time current in Batavia

Of Morgan ’s in tention to publish a book revealing the secrets

Of masonry, seemed to afford a clue to the moti ves Of this great

outrage . I t was known that he had been remonstrated with

by h is brother masons,and that al l their efforts to induce him

to suppress h is book had produced no impression on h im . Apub lic meeting was held

,and a committee appoin ted, who

proceeded to Canandaigua to investigate the circumstances O fMorgan ’s disappearance . A ll th ey were able to ascertain was,that Morgan had been seized immed iately on his release fromprison

,hurried into a carriage , and driven o ff by n igh t, in the

direction of Rochester. When the resul t o f this investigation

36 BIOGRAPHY OF M ILLARD FILLMORE .

became known it created intense public excitemen t , A great

crime, the resul t Of an extensive and deep- laid conspiracy,had

been committed . A c itizen had disappeared under circum

stances which j ustified th e suspicion that th e hands which

conveyed him away had been stained wi th his blood . Pub lic

mee tings were held in a great manv towns, particularly those

th rough which the circumstances attending the conspiracy

indicated that Morgan had been carri ed,and committees were

appointed to investigate the facts. These meetings had ‘no

pol itical purpose, nor any other object than to ferret ou t anu nexampled crime

,which was so sh rouded in mystery that i t

inflamed curiosi ty not l ess than i t aroused resen tmen t . They

were composed indiscriminately o f men of both pol itical parties,and no motive was avowed but the pfaiseworthy one o f inves

tigating a crime committed against the l iberty, if not the l ife,Of an American citizen . E ven the masons were appealed to ,to assist in these investigations, and tol d that i f they wished to

wipe ou t a blot from th eir escutcheon , and protect themsel ves

from suspicion , they shou l d l end their aid in vindicat ing the

v iolated majesty Of the l aws .These committees of investigation encoun tered unexpected

Obstacles,and a long t ime elapsed before they were able to

trace the course Of the conspirators to Fort Niagara. A t first,

the crime was supposed to be the work Of a few misguidedpersons, acting without th e sanction o f the frat ernity ; al though

there were some, who, from the beginning, held the whol e

order responsible . As the investigations proceeded , the number o f these increased

,unti l i t final ly embraced a large portion

Of the community : It was Observed that, w ith scarcely an

exception, no mason rendered any assis tance in the investiga

tion . It was discovered that every person implicated in the

foul transaction was a mason . Masons attempted to cover thewhole investigation with ridicule , affected to disbel ieve that

any crime had been committed, and some even wen t SO far as

A BnUCTION OF MORGAN . 37

to say, that if Morgan had been made away w ith , the trans

action was perfectly j ustifiable . They taunted the committeesw i th their inabil ity to accomplish anything, when j udges,

j urors and Sheriff s were masons ; w itnesses were mysteriously

Spirited away ; the committees v i l ified and abused ; and in the

exasperation which followed , the conviction became general

among those who were no t masons, that the insti tution was

responsible for the crime which thus el uded publ ic j ustice .The precIse fate Of Morgan , after his confinement in Fort

Niagara, never b ecame known . But at th is day there remain s

no doub t that he was murdered in cold blood,by members

o f the masonic fraternity,to preven t the disclosure o f thei r

secrets . It is no t probable that, at the beginning, they con

templated the commission of so foul a crime ; but when they

had once abducted their victim , they knew no other way todispose o f him . A second crime became necessary for thepurpose o f conceal ing the first.

The publication Of Morgan’s book,which was not prevented

by his abduction , made known the Ob ligations taken by masons

In j oining th e order. Considering the circumstances under

whfc li they were brought to l igh t, i t i s no wonder that these

oaths received a l iteral interpretation . They were probablyregarded by most Of those who took them

,as a mere form ,

w i thout meaning, for it was establ ished by the testimony,both o f adhering and seceding masons, that in one

‘

O f them

(cal led the royal arch"the candidate swears that he wil l assis ta brother mason in distress, and espouse his cause, SO far as to

extricate him from the same,i f in his power, whether he be right

o r wrong ; that he will conceal the secrets of a brother, given

him in charge as such , mu rder and treason no t excep ted ; and in

other oaths the candidate binds h imsel f to avenge the v iolated

secrets o f the lodge, by tire infl iction of death on the of ender,and to revenge the wrongs of a brother to the utmost

extremity .

38 BIOGRAPHY OF MILLARD FILLMORE .

These oaths being made publ ic immed iately after the commission Of a great crime , by the agency of masons, and in the

face O f their attempt to screen the perp etrators from justice,noth ing was more natural than that the community in whichit had been committed Should suppose that the oaths wereno t mere unmeaning forms

,but Obl igations assumed - ih good

faith,and to be strictly in terpreted .

“ If this be masonry ,said an outraged community, “ i t is the duty o f good men to

unite and put i t down .

” Had the masons O f Western NewYork co -Operated in the eff orts to bring the conspira tors to

j ustice, the nature Of their insti tution would not have beenso misconceived .

When , in January, 1 827 , L awson and others were brought

to trial , the public ex pected developmen ts which would clearup the mystery . But, by a piece Of adroit management, the

facts which the publ ic curiosi ty so eagerly craved, were stil l

kep t Shrouded from view . Contrary to expectation,the de

fendants pleaded guil ty,and thus excluded al l testimony .

The community was raised to a sti l l h igher pitch of excite

ment . Judge Throop, in sentencing the prisoners, addressedthem in the following language . Your conduct has created,i n the people Of this section o f th e country, a strong feel ing

o f v irtuous ind ignation . The court rej oices to witness it— to

be made certain that a citizen’s person can no t be invaded byl awless violence

,without its being fe l t by every individual in

th e community . I t is a iblessed Spiri t, and we do hope that i t

w i l l no t subside ; that i t wil l be accompanied by a ceaselessvigilance and u ntiring activity, until every actor in this profli

gate conspiracy is hunted from his hiding -place, and brought

before the tribunals Of his country, to receive the punishmentmerited by his crime . We th ink we see in th is public sensa

tion,the spiri t which brought us into existence as a nation ,

and a pledge that ou r righ ts and l iberties are destined to

endure .

ABOLITION O F IMPRISONMENT F O R DEBT . 9

Up to this time, the excitement had not taken a pol itical

turn . Baffled in their attempts to ascertain the facts, it i s not

surprising that the community indulged in dark suspicions,nor

that horrible rumors go t afloat, and were received with im

plicit credence . The public"mind was lashed in to a statebordering on fury . Under any other government than ours,there would have been serious outbreaks

,ending in violence

and bloodshed . But, in accordance with the genius Of ou r

insti tutions, a political d i rection was given to the excitement,an d i t was aimed to bring the el ective franchise to aid thetribunals o f j ustice, which were se t at defiance .

From this account of the origin o f an ti-masonry, i t wil l b e

seen that i t was not, as is general ly supposed, founded on a

blind and indiscriminate Opposition to secret societies,b ut

aimed at the less frivolous, and entirely commendable Obj ect

Of sustaining the supremacy Of the laws . That it mistook thecharacter Of the institution it Opposed, was an unavoidable

consequence o f the extraord in ary facts by which a previously

indifferent community were startled . into an active, but con

stantly baffled attempt to investigate the subj ect . In personal

character and influence , the anti-masonic party was one of the

most respectab le that has ever appeared in ou r politics .

During the three years that Mr . Fil lmore was a member ofthe New York Legisl ature, i t was a body o f great abil ity, embracing some Of the most dist inguished men that have everfigured in New York pol itics . AS the Democratic party waslargely in the majority

,and under the discipl ine of experienced

leade rs,a young member of the Opposition

, natural ly modest

and unassuming, had l ittle opportunity to disl ingu ish himself.

Mr. Fillmore, however, made a favorable impression fromthe very first ; and in al l measures not o f a party character,his Opinion soon came to be regarded as Of great weight . He

made no attempts to show O ff his abili ties ; he never Spoke for

display ; but the clearness with wh ich his v iews were formed,

40 BIOGRAPHY OF MILLARD FILLMORE .

the modest b revity with which he explained them , the candor,d iscre tion and good sense which he uniformly evinced, gained

for him a strong hold on the confidence Of his associates . Oneo f the measures in which he fel t great interest was the aboli

tion of imprisonmen t for debt . The bil l, as i t. stands on the

statute book,was drafted by him and the late Hon . John C .

Spencer, and to their zealous advocacy it was principally indebted for success . The impression which Mr . Fil lmore—a

young man without experience,and barely twenty-nine y ears

Of age—made during the first session he served in the Legis

latu re, may be j udged o f by the manner his return to that

body the next year is mentioned by Judge Hammond . He

says : “ The anti-masonic party had not increased their numbers in the Assembly, but they had greatly added to the

talents Of that branch of the Legislature. Mr. Granger,Mr.

Fil lmore, Mr. Nicholas, and Mr . P . C . Ful ler were again re

turned . TO these strong and powerful representatives in the

Assembly,they this year added Thurlow Weed , o f Monroe,

and Abner Haz e l tine, O f . C hau tauqu e county .

” Speaking inanother place o f the anti-masonic members o f the Leg is lature,he mentions the names o f several , i ncluding Mr . Fil lmore, andsays

,they “ were al l men whose talen ts would have done

credit to any del iberative body ; and the address and eloquence

o f some o f them would have added luster to any legislativeassembly in the world .

It can not but be regarded as credi table to the talents O f aninexperienced young man from the new set tlements of West

ern New York, that, notwithstanding the native modesty Of

h is character,he fmmediately took rank with the ablest mem

bers of the body .-Lest i t Should be thought that these v iews

Of his early public caree r are colored by a knowledge Of h issubsequent success, we insert the fol lowing description written

P ol itical History O f New York .

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42 BIOGRAPHY O E MILLAR D FILLMORE .

the giddy mazes o f fashionab le l ife . And yet there is in hismanner an indescribable something which creates a strong im

pression in his favor,and which seems to characterize him as

a wel l bred gentleman .

“He possesses a logical mind ; and there is not a member

o f the house who presents his v iews, on any subj ect that heattempts to discuss

,in a more precise and luminous manner.

He seldom Speaks unless —there appears to be an absolute n e

cessity for the arguments or explanations which he Off ers .

Nor does he ever rise without attracting the attention o f al l

who are within the sound o f his voice— a tribute Of respect

paid to his youthfu l modesty and great good sense .

“AS a legislator,Mr. Fillmore appears to act wi th perfect

fairness and impartiality . He examines every subj ect dis

tinc tly, for h imself,_ and decides on i ts meri ts according to the

best lights of his own j udgment or understanding . He is now

at an age when his character is to be irrevocably fixed . A S apol itician , he is not formed to be great .

'

He has none o f the

qualities requisite for a political Chieftain . He wants that sel f

confidence and assurance (if the term may be al lowed ,"wi tho u t which a partisan leader can never hO pe for fol lowers . Mr .Fillmore ’s love Of books and habits of thinking, will , ul ti

mately, conduct him to a more tranquil, but higher destiny, i fthe one i s not broken upon , and the other diverted from its

natural course , to the too Often pol luted , and always turbulen t,if not mortifying conflicts O f faction . If he has not sufficien tmoral firmness to resis t the al lurements which legislation pre

sents to the young and ambitious,then ough t h is friends to

act for him, and refuse him a re-nomination . It i s a l ife whichnot only casts to the winds Of heaven all employmen t as aprofessional man , but it uproots , sooner or later, the germs O findustry, and the delights o f study . These are the admoni

tions Of age and experience .“A S a debater, Mr. Fil lmore occupies a very e levated stand

MR . FILLMORE’S MODESTY . 43

in the house . His manner is good ; his voice agre eab le . To

ward his Opponen ts he never fails to evince a most studieddelicacy. He is mild and persuasive, sometimes animated .

His speeches are pithy and sententious ; always free from idle

and vapid dec lamation . His arguments are logical ly arranged,and presented to the house withou t embarrassment or con

The advice which this wri te r tendered to Mr. Fil lmore,to

retire from public l ife, was doubtless meant for his private

advantage , rather than that o f the country . There can be no

doubt of the soundness of the general principl e, that when a

young lawyer al lows himse lf to be al l ured into politics , hesacrifices his prospects of professional eminence . But in Mr .

Fil lmore’s case, the very love of study which is assigned as a

reason for retirement,has ensured a hearty devotion to quie t

pursuits whenever he has been released from the cal l s o f pub

l ic duty . The lack o f the sel f- confidence and assurance deemedessential to a great party leader, has not interfered, as was

predicted, with Mr . Fil lmore’s political success, but, on the

contrary, has inspired additional publ ic confidence , from the

conviction that he is not governed by self-seeking ambition .

May the day be far distan t when the American people shal l

prefer bold assurance to modest merit"Washington possessedas l ittle of the self-confident and assuming qual ities which are

considered essential in party leaders, as did Mr. Fi llmore ; but

in both cases the American people have had the good sen seto recogniz e the ir merits .

44: BIOGRAPHY o r MILLA RD FILLMORE .

CHAPTER III.

MR . FILLMORE ’ S C ARE E R in C ONGRESS.

Mr. F i l lmore’s term of service in the New York L egislatureexpired in 1 8 3 1 . In the fal l o f 1 8 32 he was elected by his

d istrict as its representati ve in Congress. During the fi rstsessions in which he served , the nat ional bank was the eu

grossing political top ic . General Jackson ’s celebrated veto and

his removal o f the deposi t s had created great public exci tement ;but Mr. F i l lmore did not, as wi ll afterwards appear, attach

that extreme importance to a national bank wh ich was attrib

u ted to i t by his party . He woul d no t, therefore, have mad e

a figure in the sti rring debates o f the period , even if he had

been less inexperienced and unassuming. More anxious to

discharge his duty faithful ly than to make a display of h is

abil i ties,he served in the twen ty-third Congress, with credit,

indeed,but without any very marked d istinction . At the

close of his term, he devoted himself, with the assiduity which

forms a part of ~his“

characte r, to the labors o f his profession , in

which h e had risen to a high rank and enjoyed a lucrativepractice . His fel l ow citizens

,however, had too j ust an app

ciation o f his capacity for public usefulness to al low h im to

remain l ong in re tirement, and they elected him to the twenty

fi fth , the twen ty-sixth , and the twen ty-seventh Congress , honoring him at th e last election with the l argest majority ever

given in his distric t . His congressional career was terminated

by a letter to his constituen ts decl ining to serve them longerin that capacity .

CONGRESSIONAL L AB O Rs. 45

Up to the time of his last re-election , . the party w ith wh ich

M r. _F illmore ac ted was in a minority in th e national councils ,and , as a necessary con sequence, he was not assigned any

position i n the organization o f the House corresponding to hiseminent capacity . But when , after the great political revo lu

tion o f 1 8 40 , by which th e Whig party came in to power, a

Congress met to devise remedies for the financial distresses

which had overthrown th e preceding admin istration , Mr. Fill

more at once rose to his .proper l evel, as a man fi tted forresponsible leadership in great and trying eme rgencies. The

committee o f ways and means , always the most important in

the House,became inves ted with unusual consequence at a

period when the chief duty of Congress was to introduce a

new revenue system wh ich shoul d re lieve the country from

the embarrassments under which i t was suffering. That M r.

F i l lmore was immediately mad e chairman o f that committee,on the accession of his party to power, no t onl y proves their

sense o f his capacity, but shows that during preceding sessions,when acti ng with a minori ty , he must have discharged his

duties with singular abi l i ty and j udgmen t. Confidence so

complete could not h ave been ligh tly or hasti ly won .

Before describing th e manner in which Mr . Fillmore ac

qu itted h imsel f in this responsibl e position , i t may be expected

that we should give some account. of his previous congressional

labors . A n examination of t he proceedings o f Congress showsan active participation

, on the part o f Mr . Fil lmore, in th e

bus iness of the House . He laboriously investigated al l the

subj ects which came before i t,an d frequently bore a part in

its debates . When he Spoke, however, i t was not to winthe applause o f the galleries, but to advance the business o f

the House . C onfining himself to the matter in hand , he was

always clear and forcible, but never aimed at a reputation for

any other Species o f eloquence than that which consists in

speaking to the point, and producing conviction . The interests

46 BIOGRAPHY OF MILLARD FILLMORE .

O f his immediate constituents were verv thoroughly attendedto and ably advocated

,and, from their Importance, demanded

a large amount o f attention . On account of the local positiono f Buffalo

,that ci ty has a great stake in al l that affects the

safe navigation o f the great lakes and western waters—a largecommercial interest cen tering there which requires the proteo

tion o f the national government . As was to have been ex

pected , Mr. Fillmore gave his earnest an d persevering support

to the internal improvement policyt hen advocated by the Whig

party . O f the other leading measures o f that party, one hadbeen temporarily settled by Mr. Clay ’s compromise tariff of

1 8 33 . On the o ther— the United States Bank—M r . Fil l

more did not fu l ly sympathize with the views of his party, andthe public opinion o f the country has since settled into the

conviction that such an institution is not demanded by the

pub lic wel fare . On the 25 th o f September, 1 837 , Mr . Fillmoredelivered a Speech against the bi l l to postpone the fou rth 1n

stalment under th e deposit act o f 18 36 . The purport o f thespeech having been erroneqnsly reported in the Globe, he

addressed to the publishers the fol lowing note

“HO USE O F R EPRE SE NTATIVE S,

Sep tember 27th , 1 83 7 .

GE NTLE M ENz My atten tion has b een this moment drawn toa remark in the Globe o f last evening, purporting to give theproceedings of th e House on Monday evening

,in which I find

the fol lowing statement :“ ‘M r. Fi llmore resumed and continued his remarks on the

subj ect, with the addi tion o f a lengthy argument in favor of aBank o f the United States .’“ Passing o ver some evident misapprehensions of your re

porter as to the purport of my remarks general ly,I wish to

say that he is entirely and mos t singul arly mistaken in sayingthat I made a lengthy argument in favor o f a Uni ted StatesBank . I made no argumen t in favor o f the United StatesBank , nor o f a Uni ted S tates Bank ; but, on the con trary,expressly disclaimed ever having been the particular friend o f

UNITE D STATES BANK . 47

the United States Bank, and expressed my sincere doubtswhether the incorporation of a new United States Bank

,at

this time , would rel ieve the presen t embarrassments o f thecommunity . Wil l you do me the j ustice to correct the mistake ? R espectfu l ly yours

,

M ILLARD FILLMORE .

Messrs . BLA I R and R IVE S .

We have made this quotation to show that Mr. Fi l lmore’sv iews were in advance of those of his party on a questionrespecting which there has now ceased to be any differenceo f opinion .

A subj ect which gave rise to much warm discussion in thetwenty-fi fth Congress

,and created great excitemen t in various

parts o f the country, was the refusal to receive the abolition\petitions which were poured in great numbers in to both Houses . ‘

Mr. Fil lmore,l ike Mr . Clay, was in favor o f the reception o f

such peti tions and having them referred to an appropriate

commi ttee and reported on . Mr. F il lmore supported thispolicy only by his votes , but Mr . C lay spoke warmly and

strongly in i ts favor, urging reasons of great weigh t and force .To say nothing o f i ts inj ustice , there can be no doub t that the

refusal to receive such pe titions was an insane and short-sighted

policy , and one o f the chief agencies in fanning the flame of

sectional excitement and confirming sectional prej udices . While

very few in any part o f the country were in favor o f abol ish ing

slavery in the D istrict of Columbia, large masses of the peopl e

regarded the righ t o f petition as sacred and inestimab le , andthe aboli tionists found themselves reinforced by multitudes

who disapproved o f their leading purpose, but were willing to

unite with them in the assertion o f what they regarded as an

i nviolabl e right . Had the petitions been referred, no committee would have reported in favor o f g ran ting their prayer, and

the only consequence would h ave been a more public state

ment of the reasons why the abol ition of slavery in the D istrict

48 BIOGRAPHY OF MILLAR D FILLMORE .

o f Columbia was both inexpedient in i tsel f, and inconsisten twith implied obligations to the States o f Mary land and Virginia .

Mr. Clay’s v iews (in which Mr. Fi l lmore sympathized"’ as to

th e proper manner o f treating such petitions, are sufficientlyindicated in‘

the fol lowing extract from the proceedings o f the

Senate . A petition had been presen ted , signed by a largenumber o f l adies in the State of New Jersey, praying for the

immed iate aboli tion o f slavery in the D istric t o f Columbia. A

motio n was made to l ay the petition on the table

“MR. HUBBARD moved to lay that motion on the table .MR . M ORRI S asked for the yeas and nays .MR. CLAY w ished the mo tion withdrawn for a momen t .

I t was manifest that the subj ect o f slavery in the D is trict o f

Columbia was ex tending i tse lf in the public mind , and dailyengaging more and more o f the public attent ion . His Opinions

,as expresse d ih the Legislature o f the country, were , he

believed , perfec t ly wel l known . He had no hesitation in saying that Congress ought not to do what was asked by thepe t i tioners w i thout the consent o f the people o f the D istric to f Columbia . He was desirous o f inquiring o f the Senatorfrom New Jersey, o r any other conversant wi th the subj ect,whethe r the feel ing o f abolition in the abstract was ext endingi tse lf in the ir respective States , or whether it was not becoming mixed u p wi th other matters— such , for instance, int he belief that the sacred right of petition had

'

been assailed .

I t became the duty o f the Senate to inquire into this business,and understand the subj ect well .

“There were many, no doubt, o f these petitioners, who didnot mean to assert that slavery should be abolished

,that were

contending for what they understood to be a great constitutio nal right . Would i t no t

’

,then , under this view o f the sub

j e c t, be the best course to al lay excitement , . and endeavor tocalm down and tranquilize the public mind ? Would it not bew iser to refe r the subj ect to the Committee for the D is tricto f Columbia, or some other committee, that would elici t all

the facts , reason cool ly and d ispassionately,presenting the

subj ect in all i ts bearings to the ci tizens o f non-slaveholdingSta tes, and in a manner worthy of the ' great subject ? Wou ld

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50 BIOGRAPHY OF MILLARD FILLMORE .

opposed to giving any pledg es that shal l deprive me hereaftero f al l discre tionary power . My own character m u st be theguaran ty for the general correctness o f my legislative deportment

.On every important subj ect I am bound to deliberate

before I act,and especially as a legislator, to possess myself

o f all the imfo rmat io n, and l isten to every arg umen t that canbe adduced by my associates, before I give a final vote . I f I

stand pledged to a particular course o f action , 1 cease to be aresponsibl e agen t

,but I become a mere machine .

‘ Shouldsubsequent even ts Show beyond al l doubt that the course I

had become pledged to pursue was ruinous to my consti tuentsand disgraceful to myself, I have no al te rnative , no opportunityfor repentance

,and there is no power to absolve me from my

obligation . Hence the impropriety, not to say absurd i ty , inmy views

, o f giving a pledge .“ I am aware that yo u have not asked any pledge , and I

bel ieve I know your sound j udgment and good sense too we l lto think you desire any such th ing . I t was , however, to prev ent any misrepresentation on the part of o thers, that I hav efel t i t my duty to say thus much on this subject .

“ I am,respectfu l ly

,

Your most ob’ t servan t,“M I LLARD FILLMORE .

W . M ILLS , E sq .

,Chairman , the.

This manly refusal to bind h imsel f by any p ledges, as to his

future course as a l egislator,does honor to the independence

of his character . Mr. Fil lmore was in favor of the right of

petition , and all his natural sympathies were opposed to h u

man slavery ; but he was aware tha t the relations o f th e

national government to that insti tution are not to be determined by the sympathies o f the human heart . His le tterimpl ies that the subj ect demanded inquiry

,though t, and

del iberation ; and he firmly asserts h is right,when cal led to

investigate it in a legislative capacity, to be governed by suchviews as matu re investigation shou ld lead h im to adep t .Another subj ect which was brought to the atten tion o f th e

twenty-fifth Congress, deserves mention for the l eading part

THE STEAMER CAROLINE . 51

which Mr. Fil lmore took in the ' proceedings, and the il lustra

tion they afford o f his prompt and ardent patriotism .

'In 1 83 7, during the insurrection i n Canada, known as “ the

Patriot War,

” a steamer cal led the C aroline, and owned by a

M r . Wells,o f Bu ffalo

,was employed on the Niagara river in

the transportation o f freigh t and passengers . On the morningo f the 29 th o f December, the Carol in e left Buff alo, and proc eed ed down the river

,runn ing near the shore on the Ameri

can side,

'

within th e territorial l imits o f the Uni ted States .

She touched at Black R ock, and ran up th e American flag,

but had hardly left the harbor o f that vil lage when a vol ley

o f musketry was discharged at her from the Canada shore .No inj ury was done

,however, and the Caroline con t inue d h er

course down the river, withou t further molestation . O n

reaching Navy Island,she landed her passengers and freight

,

and in th e course o f the afternoon made two or three tripsbetween Navy Island and Schlosser, on the American side .A t six o ’clock in the even ing, she was made fast with chain sto t he dock at Schlosser, and besides th e crew , consisting o f

ten men,twenty - three other persons , who were unab le to pro

cure lodgings at the tavern , took up their quarters on boardfor the night . They had all retired to rest except those who

were stationed to watch , when , about midnight, the captain

was informed that several boats fi l led with men were makingtheir way th rough the. darkness, and approach ing the Caro

l ine . A n alarm was given , but before the sleepers could reach

the deck, the steamer was boarded by seventy or eighty armedmen . With oaths and imprecations they commenced an at

tack upon the defenseless crew, who, being unarmed , couldofi

'

er no resistance , and fled to escape slaughter. One man

was shot through the head, two were severely, and several

sl ightly wounded ; the steamer was cut loose from her dock,set on fire , towed in to the cu rren t of the river , sen t b laz ing

into the rapids, and extinguished by the fearful plunge over

52 BIOGRAPHY OF MILLARD FILLMORE .

the migh ty cataract . Beacon lights then appeared on th e

C anada shore ; and when the boats , stil l under the cover of

the night,returned from their dreadful errand, the l oud and

v oci ferous cheers wi th which they were greeted , came rolu ngthrough the darkness to the American shore . The next

morning the captain o f the Carol ine found that twelve o f the

thirty-three men who wen t on board th e preceding evening

were missmg . It was be l ieved that, disabled by their wounds,they remained on the Carol ine, and had been committed to a

fate wh ich fi l l s the imag ina tion with horror .

It afterward appeared that th is expedition for the destruo

t ion o f the Caroline had been fi tted ou t by Col . A l le n M cNab,then in command o f twenty-five hundred British troops at

C hippewa, on the opposite side o f the river. Two or th ree

years later,the re sponsib ili ty o f

‘the aff ai r was assumed by th e

British governmen t .

A s th is act was an invasion of ou r territory , and an aff ron tto ou r sovereignty

,Mr . Fil lmore fel t

,as every patriot ough t

to feel,that i t was the duty o f the government to make a

prompt demand for satis faction . A l though th e subject be

l onged to the executive department, he thought it the dutyo f Congress to express its sense o f the outrage

,and accord

ingly preposed and pressed repeated resolutions, cal ling on th e

P resident to lay before th e House such correspondence on thesubj ect as had passed between the two governments . Inorder to insure greater promptitude

,he made his preposition

as an amendment to another resolu t ion, which had come up

for considerat ion in i ts order . Opposi tion being made,

Mr . F I LL YI O R E said he could not conceive how his propoS i tiou could possibly tend to embarrass the action o f the Houseu pon the resolution offered by the committee on foreignaffairs . It was certain ly very easy for the President to dist ingu ish between the differen t k inds o f information sought forby the different prepositions. He had tried every other way

EXCITEME NT ON THE FRONTIER . 53

to bring his proposition before the House, and could not presen t it in any form which would secure i ts immediate consideration , excepting that in which i t now stood . For if i t wereoffered as an independent resolution , i t woul d take its placebehind al l others now on the Speaker ’s table . I ts reat importance would not permit h im to expose it to su c

ih a risk,

and he had , therefore, offered it in the form o f an amendmen tto the original resolution of the committee on foreign affairs

,

in which shape he hoped it would pass .“As to the expression which he had used in relation to the

d isturbances of the Niagara frontier,that th is country was on

the eve of a war wi th Great Bri tain , pe rhaps i t was too strongan expression . But certainly al l th e facts demonstrated thatthere was imminent danger o f such a result. The citizens o fthe United States, while in the peaceful pursuit o f their business, had been ,

attacked by an armed force from a foreignnation

,and a portion o f the militia o f the country is even now

ordered ou t to repel such hostility .

“He well knew that the Spiri t o f the peopl e on the Un i tedStates side o f that fron tier would no t perm i t them to standtamely by , and witness such assaults . These were facts

,

vouched for by respectable citizens as true and authentic ; andhe must ask i f they were not such as to warrant the off eringo f such a proposition as he had moved . It makes no difference

,he contended, whether one or one hundred miles of the

territory o f the United States has been invaded by the armso f a foreign nation ; the j urisdiction o f this country is co -extensive with the utmost limits of her terri tory . E ven if thev esse l which was attacked had been carrying munitions of warto the revolutionists on Na\y Island, she was on ly liab le, hecontended , to be attacked while with in th e British lines . Asi t was

,he agreed with the gentleman from Massachusetts,

(M r. Adams,"that there was scarcely a paral lel to this act

upon the pages of ou r h isto ry as a nation ; and i t was to suppose an absolute impossibili ty, for a moment to imagine thatthe people on that frontier wil l ever submit to the occurrenceo f such acts withou t complain t and redress . It was

,there ~

fore,in any View, high ly importan t that the House should

obtain al l possible inform ation upon a subj ec t so importan t. ”

In urging a simi lar resolu tion on a. subsequen t occasion ,Mr. Fi l lmore assigned as a reason; that the information migh t

54 BIOGRAPHY OF MILLARD FILLMORE .

be importan t to the House , in case it should become necessary

to arm the fron tier. During the second session o f the next

Congress,when the arrest and trial o f M cL eod had again

cal led attention to the subject, and renewed th e excitement onthe frontier

,a resolution cal ling on the E xecutive for informa

tion was again passed , at the instance Of Mr. Fil lmore . I t

was responded to by the Presiden t, who communicated the

correspondence between the Secre tary o f State and the

Bri tish minister . This correspondence was re ferred to the

committee on foreign affairs, whe . made a report which wen tbeyond th e particular case , and entered into a general incu l

patien o f the Brit ish government . Jealous as Mr. Fillmore

was o f the honor o f his country, his sense o f j ustice led himto disapprove of th e tone of that report, especial ly as hethou ght i t had a tendency to inflame the excitemen t, which

alreadv ran too high , and endangered the peace o f the country .

In the course o f his remarks, obj ecting to the print ing o f th is

report,Mr . Fil lmore said

“ But one thing, at al l events, should be borne in mind byal l whose duty requires them to act on this subj ect here .There is a g reat s tate o f exci temen t on that frontier, whichmight by p ossibility lead to an. o u tbreak . My obj ection to

the printing of the report was, that it was cal culated to inflamethe public mind ; and I was governed in that vote by threereasons. In the first place , I did not wish that anyth ingshould be done h ere which might have a tendency to do inj ustice tO the individual who is soon to be tried by th e lawso f the State of New Yo rk . I desire that the law should haveits free action , that no excitement should be raised againstM cL eod , which migh t prevent a fair and impartial trial . I n

the second place,I do no t desire that any action on the part

o f this House should compromise or con trol the Executive Ofthis nation in the negotiations new pending between theg overnment o f the United States and the government o f

Great Bri tain . I have al l confidence l n the incoming adminis

tration. If this controversy can be amicably and honorably

REMARKS IN CONGRESS . 55

settl ed between the two governments, I desire that it should .

But there is a third and very strong reason in my mindagains t anything being done to exasperate the public mindon the subj ect o f war with Great Britain . It is this : forthree or four years I have u sed al l th e exertions in my powerto induce th is administration , w hich is responsibl e to thecountry, to provide some means o f defense on ou r Northernfrontier . But al l my efforts were in vain . And yet thegentleman from Sou th Carolina (M r . Pickens"new tel l s usthat the course to be pursued to avoid a war with GreatBritain , is to stand up to her— to threaten her—to take a highstand ; and that , he says, wil l avert a war . I may have beenm istaken in the meaning . I know that these were not hiswords. But I would submit to h im that the best way toavoid a war with Great Britain , i s to show that we are pre ~pare d to meet he r, i f there is to be war ; becau se reasonab lepreparations fo r defense are better than gasconading .

“Mr . Fil lmore then al luded to the d efenseless condition o f

the Northern fron tier . He desired,and bel ieved the whole

country desired,that we shoul d yie ld nothing to th e demands

o f Great Bri tain , to which she was not fai rly en ti t led . But,at the same time be regarded i t as rather the act o f a madman

,tO precipitate the country in to a war before it was pre

pared for i t, than the act o f a statesman . I n his section ofcountry

,the peopl e would yi e ld nothing to Grea t Britain to

which she was not j ustly en ti tled ; or they would yield i t onlywi th the l as t drop of their blood . But h e d id not w ish prematurely to be drawn in to war ; he did not wish to inviteGreat Britain to invade ou r defenseless coast . The true planwas to prepare for war if we had yet to come to i t, but to donothing in the way of bragging . I f i t did come , gen tlemenwould no t find his (Mr. R

’

s"peopl e -shrinking from their j ustshare Of responsibi lity . A l l they had— their prepe i ty, theirl ives

,everything—they were wil l ing to devote, i f need be, to

the service and honor o f their coun try . But, was i t not thepart of wisdom and prudence , before we made a declarationo f war , to prepare for i t ? This was al l he desired ; and if thisreport was calculated to st i r up a war feel ing, wi thout correspending preparation being made to meet th e consequences,he

,for one

,was opposed to it. He did no t wish the country

to be disgraced by defeat . When she must go t O war, he

56 BIOGRAPHY OF MILLARD FILLMORE .

d esired to see her prepared for i t ; he desired to see her placedin a situation which would enable her to b id defiance to th epower of any governmen t on earth .

This extract evinces the same combination of patriotism andcourage

,with moderation and w isdom , wh ich afterward dis

tingu ished the foreign policy o f his admirable administration .

Another subjec t in which Mr. Fil lmore fel t d eep in terest,was connected w ith the organizat ion o f th e House of R e

presentatives, at the Opening Of the twenty- sixth Congress .

In accordance with the usual custom , the clerk o f the last

House pro ceeded to cal l th e rol l . When he reached New

Jersey, which was en titled to six members

,he cal led the name

o f one, and said there were five o th ers,who likewise had cer

tificates o f election from the governor o f the State , but that

he had been furnished with papers questioning the validi ty o f

their e lection,and therefore declined to cal l their names unti l

h e shoul d know the pleasure o f the House . I f the pol itical

parties in the house had not been pretty equal ly balanced,a

ci rcumstance Of this kind would have occasioned no difficul tyor delay . The certificates of the governor, authenticated by

the seal o f the State, would have been received without hesitatien as p rima f acie evidence of el ection ; the memberswou ld have been sworn ; and if, after th e organization , their

seats had been contested by other claimants, the subjectwould have been referred to a committee for investigation ,p reparatory to the final decision o f the House .But in this case

,parties were so nearly balanced that the

organization would be given to the Whigs or Democrats,accord

ing as the claimants holding th e certificates o f the governor

were admitted o r rej ected . The Democrats, therefore , contended that it was the duty o f the House to decide this ques

tion before proceeding to elect a Speaker, while the Whigs, onthe contrary, claimed that certificates o f the governor shouldb e regarded as concl usive

,un t i l the House was regu larly

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58 BIOGRAPHY OF MILLARD FILLMORE .

order, had assigned him the floor,he was si lenced while attempt-1

ing to make a speech . Mr. Fillmore was j ustly indignan t attreatment so u nfair, and finding i t impossibl e to gain a hearing

in the House,he addressed a long and very elaborate l etter to

his constituen ts, i n wh ich he ably, and with great cl earness,argued all the questions invol ved in the New Jersey case .The manner in which he was treated by th e majority showedhow formidable they considered h is Opposition . The abil ity

and Spiri t he evinced in that celebrated controversy had a greatinfluence in gaining for him the confidence o f his party andgiving him his importan t position in the next Congress, when

the Whigs came into power. His immediate constituen ts tes

tified their approbation of his course by bestowing on him at

the next election the largest majority ever g i ven in h is cen

gressienal d istrict.

THE TWENTY-SEVENTH CONGRESS. 59

CHAPTER IV.

THE TWENTY- SEVENTH C ONGRE SS .

The twen ty-seventh Congress was one of the most memerable that has ever assemb led under ou r governmen t . No

presidential el ection has ever excited a deeper interes t— noelectioneering campaign has ever been conducted with greate r

warmth and Spiri t— no pol itical revolution recorded in our

annal s has ever been more comple te , than that o f 1 8 40 . This

great movement was the consequence Of wide-spread financiald istress, which had pervaded the country for the two or three

preceding years . Banks, al l over the country, had ei ther

broken down or suspended Specie payments ; merchants and

manufacturers were ruined ; business was in a state of stagna

t ion ; and the public mind had become deeply impressed with

the idea that the general embarrassment and bankruptcyunder which the country suffered

,was due to poli tical causes.

Whether j ustly or unjustly , the party in power was held

responsible for the deplorabl e condi tion of the country . That

m igh ty uprising o f the masses by wh ich th e administration of

Mr. Van Buren was overthrown , not only elected a new Presi

dent,but brought toge ther a Congress entertaini ng pol itical

principles the reverse o f those wh ich had prevai led in the

public councils during the remarkab le period composed of the

twelve preceding years .

It is not ou r province to review the controversies wh ich werethen conducted with so much vehemence, or to discuss the

pol icy of e ither of the great parties of that in teresting period .

60 BIOGRAPHY OF M ILLARD F ILLMORE .

At th is distance o f time , when the passions excited by ho t

debate have subsided,the issues invol ved do no t seem invested

with the al l-absorbing importance they were then though t topossess . The sub-treasury

, then a principal object of partisan

assaul t,has come to be u niversal ly regarded as wise and sal

u tary,none of the evils having fol lowed which were predicted

from its Operation ; 9. national bank, then regarded by one

party as the great panacea for curing al l the d isorders O f ‘ thecurrency

,is admitted to be as u nnecessary as i t is obsolete ;

whil e within the last few months we have seen a Democraticsecretary o f the treasury recommending a tariff which discrim

ins tes for the advantage o f A merican manufacturers,and a

Democratic member of the United States Senate advocatinga bill to carry ou t the recommendation . It is a strong proof

o f Mr. Fillmore ’s sagacity , that during the very heat andfervor o f those con trove rsies, his v iews were substantial ly

these which the publ ic op inion o f the country has since endorsed . True, he was a party man , and his Opinions werecolored by his poli tical associations ; bu t it is an evidence o f

t he clearness of his in tel lec t that,so far as he diff ered from his

par ty he leaned toward the views which the progress o f

opinion has shown to be correct. We saw,in ou r l as t chap

ter, that as e arly as 1 8 37 he had ceased to attach any impor tance to a United States Bank . We shal l see , in the courseo f the prese n t chap ter

,that while he was a tariff man

,and

the author o f the celebrated tariff o f 1 842 , his v iews o f the

protective pol icy were so moderate and rational,that few men

o f any pol itical party would be found to dissent from them atpresen t.

The prominent position assigned to Mr . Fillmore in thetwenty-seventh Congress

,is a proof o f the confidence inspired

by his previous congressional career . NO sooner did his party

come into power,than they manifested their high appreciation

of his wisdom by assigning him the most difficu l t and respons ible

CHAIRMAN or war s AND MEANS . 61

post in the national legislature . The pol it ical revolution wh ichhad j us t been achieved owed i ts success to the financial em

barrassmen ts o f the country and the general prostration o f

business . No t only private but pub l ic credit had become

impaired,the resou rces xo f the government being as inadequate

to its wants as those o f individuals . The annual revenues hadsunk to thirteen m ill ions ; th e annual expenditures had goneu p to thirty -seven m i l l ions ; and the governmen t was largely

in deb t. As financial d ifficul tie s had brough t the new admin

istration in to power, i t was its ch ief du ty to devise financial

remedies . The country looked to it for th e re s toration o f con

fidence , the rev ival of credit, th e recovery o f business from its

prostration , and the extrication o f the national treasury from

impending bankruptcy . The highest mark o f confidence which

the Whig party could at that time have bestowed on any mem

ber o f Congress,was to make h im chairman o f the committee

o f ways and means . From the beginning o f the government

al l revenue b il ls have originated in the House o f R epresentatives

,and the labor o f maturing such b il ls d evolves on th e

commi ttee o f ways and means . The chairman o f that commit tee , besides being i ts most prominen t and influential member, is the organ through which it communicates with th e

House . He not only takes a leading part in devising measures

and arranging their de tai ls,but is expected to explain them to

the House , defend them against obj ections, an d ward off the

assaults o f keen-sighted adversaries . These duties,at al l times

arduous, became doubly so when a party newly elevated topower was about to inaugurate a new financial pol icy . That

Millard Fillmore was placed in this responsibl e posi tion shows

that h e must have g iven previous proofs of great capacity.

The manner in which he acquitte d himse l f in i t, no t only

j ustified the confidence o f his fri ends, but won for h im laurel s

which any statesman migh t be proud to wear. When he

retired from Congress his reputation was as wide as the limits

62 BIOGRAPHY OF MILLARD FILLMORE .

o f the country . By general acclamation he was declared to beone o f the ablest and most patriotic members o f a party whichboasted the possession o f many great men .

The course. o f ou r narrative takes us over ground which hasb een the battl e -fie ld o f con tend ing pol itical parties . That the

subject o f this sketch belonged to one o f th ose parties is im

p lied ia the fact that he acted a prominent part in the l egislat ion o f the country . If we dwel l at some length on those partso f his public career by which he acquired distinction

,i t is no t

for the purpose o f d efending the poli tics o f the past, but tofulfil l the task we h ave assumed , o f l aying before the reader

a candid an d impartial account o f Mr. Fil lmore ’s p ublic l ife,and exhibiting the proofs he has given o f eminen t capaci ty for

publ ic affai rs . If the poli tical h istory of the coun try extended

back only twenty-fi ve years, i t could easily be made to appearthat a protective tariff was a purely party measure . But whenwe go beyond that period, and take in the whole history o f

the government,it wil l b e seen th at the principl e o f protection

is no more a Whig than i t is a Democratic doctrine . A l l ou rPresidents

,down to John"uincy Adams, have publicly t ecem

mended protection ; and even Jackson himself, previous to his

elevation to the presidency,showed himsel f as s trong a pro

tec tionist as there was in the country . These facts are men

t ioned, no t as argumen ts either for or against protection , but

to prove that Mr . Fil lmore’s iden tification with that pol icy in

1 842, does no t necessarily identify him now wi th any partienlar party o f our past pol itics. When Mr . Clay named thatpolicy the A ME RIC AN SYSTEM, he disclosed the motive for i tsadoption

,wh ich no doubt acted powerful ly on his own mind

and on those of many other patriotic men . It was thoughtthat to protect American industry would foster an AmericanSpirit and cul tivate a deeper feel ing o f national ity . Whatever

may be thought o f the means, the motive was truly patriotic .

The fires o f American fee ling which have recently burst forth

‘ GEN . JA OKSON'

S TARIFF LETTER . 63

with so much Splendor, have always dimly smouldered beneath

the ashes of th e o ld pol itical parties . Desire for a distinctiveAmerican national ity is a sen timent which h as often sou gh t

expression in the p ol itics of the country, and nowhere can we

t race i t more legib ly than in the history of Opin ion on the subj ec t o f a protective tariff . We wil l make one or two quotations

in il lustration Of this point, and prefer to draw them from Democratic sources .

The fol lowing is an extract from a le tter Of Gen . Jackson to

D r . L . H . Coleman , Of North Carol ina, dated Washington,August 26th , 1 824

“Heaven smiled u pon and gave u S l iberty andindependence . The same Providence has blessed us with themeans Of national independence and national defense . If weomit or re fuse to use th e gifts which he has extended to u s

,

we deserve not the continuance Of his blessing. He has fi l ledou r mountains and ou r plains with mineral s— with lead

,iron

,

and Copper—and given us a cl imate an d soi l for the growingOf hemp and wool . These being the great materials of ou rnational defense

,they ough t to have extended to them ade

quate and fair protection,that ou r manufacturers and laborers

may be placed in a fair competition with those o f Europe , andthat we may have within our country a supply of these leading and important artic les so essential to war.

“ I wil l ask,what is the real situation o f the agricul turist ?

Where has the American farmer a market for his surplus produce ? Except for cotton

,he has nei ther a foreign no r a home

marke t. Does not this clearly prove, when there is no marketat home

,or abroad

,that there is too much labor employed in

agriculture ? Common sense at once points ou t the remedy .

Take from agricul ture in the United States six hundred thousand men

, women, and children , and you wil l at once give 3 market for more b readstuffs than al l Europe now furnishes u s with .

In short,sir, we have been too long subj ect to the policy

Of British merchants . It is time we should become a l ittlemore AMERICANI"ED, and instead o f feeding paupers and laborers o f England

,feed o u r own ; or else, in a short time, by con

tinning ou r presen t pol icy , we Shal l be paupers ourselves .

64 BIOGRAPHY OF MILLARD FILLMORE .

It is,therefore , my Opinion , that a careful and j udicious

tariff is much wanted, to pay o u r national debt, and to affordus the means o f that defense within oursel ves, on which thesafety of ou r country and l iberties depends ; and last, thoughno t least, give a proper d is trib u tion of our labor, which mus tprove beneficial to the happiness, weal th , and independenceof the community .

I am very respectfu l ly,Your obedien t servant,

“ANDREW JA CKSCN.

The Tammany Society of New York is one O f the Oldest

Democratic associations in the country . In the year 1 8 19 , i t

pub lished an e laborate circular bearing the fol lowing ti tl e

Address o f the Socie ty Of Tammany, or Columbian Order,to its absen t members, and the members Of its several branchesthroughout the Uni ted States .” From this address we make

the fol lowing extracts

“TO divide and conquer, is the maxim Of ou r con st itu tionalenemy . The encouragement of o u r domestic resources wi l l .

make us a u nited p eop le. This nation wil l become one greatfamily, giving and taking from each other. Let us

,then

,trea

sur'

e up the maxim o f wisdom,that concer t is strong er than

n umbers . Another benefi t, and not among th e least whichwould arise from the encouragement o f domestic manufactures

,

would be the exc lusion o f all foreign agents, Whether Scotch ,E nglish , French, o r German . This spec ies o f cormoran t character holds in its hand the capi tal o f some man abroad

,who

never intends to step his foot upon ou r shores, and wi th thiscapital extrac ts from the country the profi t s of i ts traff ic

, on aperfe ct commercial equali ty wi th the A merican ci tizen .

‘ThisIs continued until he accumulates a given heap o f riches forh imsel f and his patron

,and then

,after Oppressing all around

him to w ind up has afi airs, he modestly re turns to his fore ig nhome, and , re tiring in opulence, contributes to the weal th and

resources O f that nation which might next de clare war againstu s. This is, in fact, furnishing the sinews of war to othernations, for it wou ld be American profi ts on which this agentwould live in h is own country . The tru th is

,that we have

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66 BIOGRAPHY OF MILLARD FILLM ORE .

demerits on other grounds,many o f those who have cherished

it did so under the impression that it would be th e means of

cul tivating a more purely American Spiri t, and'

o f preventing

fo reigners from depriving us o f advan tages wh ich belong too u r own peopl e . Whatever may be thought o f the doctrine,members Of th e American party must pardon some thing tothe Spiri t in which it was cherished .

We have already remarked that al though Mr. Fillmore was

the author of the tariff o f 1 842, and acquired great reputation

from the abi li ty with which he advocated it , his views were so

moderate and j ust, that they would even at present commandnearly u n . versal assent . Of cours e no one understands us tomean that I t would be wise to revive the tariff Of 1 842 . That

was a system adapted to the pecul iar exigencies o f the time,exigencies which have long since passed . B u t the general

principles on which i t was founded may even now be presented without incurring the hazard that they wil l run counter

to the general Opinion Of the country.

We make the following extract from a speech del ivered by

Mr . Fillmore in the House o f R epresen tatives, June 9 th , 1 842 :

“A l though th is is the V iew which I am disposed to take o fth is bil l, and al though I am will ing to l isten to any amendments to add to or d iminish the duty o n any article , with av iew o f increasing the revenue , yet I have no dn u ise of myown sen timents o n the subj ect o f protecti ng o u r own industry .

I am free to admit that I am no t one o f those who ei ther fee l,

or profess to feel , indi ff e rent to o u r own interes ts . I prefe rmy own country to al l others, and my Opin ion i s that we musttake care o f ourse lves ; and while I would not embarrass tradebetween this and any foreign country by any il liberal res trictions, yet if by legislation o r negotiation , an advan tage is tobe g iven to one over the other, I prefe r my own country to allthe worl d besides . I admit that duties may be so l ev ied ,ostensibly for revenue

, ye t designedly for protection , as toamount to prohibition

,and consequen tly to t he total lo ss of

revenue . 1 am for no such pro tection as that . I have no

SP E E CH ON THE TARIFF . 67

d isguise o f my Opinions on this subject . I bel ieve that if al lthe restrictive systems were done away with , here and inevery other country

,and we could confidently rely on con

tinn ed peace,that would be the most prosperous and happy

state . The people o f every country would then produce tha twhich their habits

,skil l

,climate , sci] , o r situ atio

'

n‘

enabled themto produce to the greatest advantage ; each would then se l lwhere he could obtain the most, and buy where he could purchase cheapest ; and thus we should see a trade as free amongthe nations of the world as we now witness among the seve i alStates o f this Union . But, however beautifu l th is may be 1ntheory, I look for no such political m i l lennium as this . Warswil l occur until man changes his nature ; and duties w il l beimposed upon our products in other coun tries

,unti l man shal l

cease to be selfish, o r kings can fi nd a more conven ient mode

o f raising revenue than by imposts .These, then , form the true j ustification for laying duties in

a way to protect o u r own industry against that o f foreignnations . First . A reasonable apprehension o f war

,for no

nation can always hOp e to be at peace . If, th erefore, there isany article that is indispensably necessary for the subsistenceo f a nation , and the nation can produce it, that nation is notindependent i f i t do not . If i t is necessary , the productionshould be encouraged by high duties on the imported arti cle .This should be done, no t fo r the benefi t o f persons who mayengage in the manufacture or cul tivation o f the desired artic le

,

but for the benefi t o f the whole community : what thougheach pays a l i ttl e higher for the artic le in time of peace thanh e otherwise would , yet he is ful ly compensated for this intime O f war. He then has this n e cessary

,of wh ich he woul d

b e whol ly deprived had he not provided for i t by a l ittl e sel fsacrifiee . We all act u pon this principle individually ; a nd

why should we not as a na tion ? We accumulate in time o fplen ty for a day o f famine and distress . E very man pays

,

f rom year to year , a small sum to insure his house against fire,submitting will ingly to th is annual tax, that, when the day o f

misfo1 tu ne comes , (i f come i t shall ,"the overwhelming calamity of having all destroyed may be mitigated by receivingback from the insurer a partial compensation for th e loss . I tis upon the same princip le that we maintain an army and anavy in time Of peace, and pour ou t mil l ions annual ly for their

68 BIOGRAPHY or MILLARD FILLMORE .

support : not because we want them then , but because it isreasonab le to apprehend that war may come

,and then they

will be wanted ; and it is a matter of economy to provideand d iscipline them in time o f peace , to mitigate the evilso f war when i t does come . The same reason requires us toencourage the' production Of any indispensable article o f sub

sistence . I shal l not st0p now to inquire what these articlesare . E very one can j udge for himself. But that there aremany such , no O ne can doubt .

“But,secondly, there is yet another case where I hold that

we are not only j ustified, but required to encourage and protee t our own industry ; and I regret to say that this is a case ,which

,for ObVlO l l S reasons

,always has

,and I fear always wil l

exist : i t is where foreign nations , by their own l egislation,

excl ude ou r products from their markets We , as a whole,are an agricul tural nation , occupying one of the broadest andmost ferti le tracts of country in the world . The South produces sugar, cotton , rice, and tobacco ; and the North and

West produce beef,pork, and breadstufis . It appears, by the

last census, that we have persons engaged in agricul ture

,and only in manufactures and trades, be ing

nearly five to one employed in a griculture . Our lands arecheap and ou r soil s producti ve ; but if other nations prohib itthe introduction o f ou r agricultural products to their marketsby h igh duties

,what is ou r remedy ? We wan t their manu

factures ; we offer them ou r breadstufis in e xchange ; but theyrefuse to receive them : what shall we do ? I say, meet re

striction by restriction . Impose duties on their manufactures,and thereby epcou rage a portion o f o u r own people , now raising wheat and corn to ro t in their granaries, to engage inmanufactures

,thus lessening the amount o f agricul tural pro

ducts by converting a part o f your producers into consumers,thereby creating a home market for your agricul tural products,and thus raising thei r price . Is not this j ust ? Great Bri tainhas no right to complain that we meet restriction by restric

tion . We Offer her o u r flour,pork and beef, for her_ iron ,

cloths, and other manufactures . She refuses o u r products,and draws upon ou r specie, crippl ing o u r banks, deranging o u r

currency , and paralyzing ou r industry . We must protectourselves, create and preserve a market for our own products,

SP EE CH ON THE TARIFF . 69

u ntil she w il l consen t to meet us on equal terms ; and th is,no t by way o f retaliation

,but in sel f-defense .

“ But i t may be said that th is protection is given for th epurpose o f benefiting those engaged in manufactures. I amwhol ly opposed to legislating for one part o f the community atthe expense o f another. A l l are equal ly enti tled to ou r p1 0t ec tion ; and if duties are so levied as to protect any particularmanufacture, i t must be because the nation has an interest inencouraging it, and not for the benefit of those engaged in i t.It 1s al l idle to think of benefiting any particular c lass by pro~tec tion . This can only be done by giving a monopoly to a fewindividuals . NO monopoly can be created by laying duties .If the d u ties raise the price so high as to tempt persons toengage in the manufacture , every one is at l iberty to do so ;and the consequence usual ly is, that so many engage that theysoon compete with each other ; and

,instead o f being profi tab le

to themse lves, they cheapen the article to the consumer,while the manufacturer makes

‘

lit tle or nothing. I say, therefore , again , that it is all id le to talk o f p ro tection for the benefi to f particular c lasses . It should never be given but for thebenefi t o f the communi ty ; and, i f designed for any otherobj ect

,an over- rul ing law o f trade (as I have shown"wil l

ine vitably defeat that design .

“ But I take a distinc tion between the encou ragement and

p ro tection o f manufacturers . I t is one thing for the government to encou rage i ts citizens to abandon their ordinary pursui ts and engage in a par t icular b ranch o f indu stry ; and avery differen t thing whether the government is bound to

p ro tect that industry by laws simiiar to those by which i tencouraged i ts ci tizens to embark in i t . In the first case

,

there is no Ob ligation on the part o f the government. Its ac t

is en t ire ly volun tary and Spontaneous . It may or may notenco urage the production or manufacture of a particular article,as i t shal l j udge best for the w hole commun ity . Before atte rn ting i t, the government should weigh wel l the advantagesand d isadvantages which are l ike ly to 1 esu lt to the whole, andh o t to the par ticular class which may be tempted to engage .If a particular branch of industry IS so importan t in i ts bearings upon the pub lic wan ts, on account o f i ts providing 1n timeo f"peace for some necessary articl e in time o f war, then , as

the stronge st advocates of free trade themselves admit,the

'7O BIOGRAP HY OF MILLAR D FILLMORE .

governmen t may and should legislate with a view to encouragei ts establishment ; and so, likew 1se , i f i t be necessary to providea home market for our products in consequence o f the p roh ibitory duties levied upon them by foreign countries . But allthese are questions to be decided according to the circumstances o f each particular case ; and (as I said"the decisionshould be made wi th a view to the benefi t o f all , and not of afew, o r o f any particular c lass or section o f country . Butwhen the government has decided that i t is best to give theencouragemen t

,and the ci tizen has been induced by ou r

l egislation to abandon h 1s former pursuits , and to invest hiscapital and apply his ski l l and labor to the production of theartic le thus encouraged by governmen t, then a new questionarises— for another party has become interes ted—and that is

,

whether we will , by ou r subsequent l egisl ation , withdraw o u r

p ro tectio n f rom the citizen whom we have thus encouraged toembark his al l in a particular branch of business for the goodo f the pub lic

,and overwhelm him with ruin by o u r unsteady ,

not to say perfidiou s, l egislation . I can consent to no suchthing. It seems to me to be manifestly unj ust . O ur act inthe first instance is free and voluntary . We may give theencouragemen t or not : but, having given it , the public faithis, to a certain extent, p ledged . Those who have acceptedo u r invitation

,and embarked in these new pursuits , have done

so unde r the implied promise on ou r part that the encouragemen t thus g iven should not be treacherously withdrawn , andthat we would not tear down what we had encouraged themto bui ld up . This I conceive to be a j ust

,clear

,and broad

d istinction between encou ragement beforehand and p ro tectionafterward . The former is volu n tary, depending wholly uponconsidera tions of publ ic pol icy and expediency ; the la tter is amatter o f g ood f aith to those who have trusted to the national honor.

“ These are my views on the subj ect o f encouraging andprotecting home industry by legislation ; not that I deem themo f any importance to the bil l under considera tion—for I regardthis as a 1 evenu e bil l, and to be passed and j ustified on thatground . I do not deny that the e ffect will be to encou 1ag e

and protect home manufactures,and thereby create a. home

market for ou r agricul tural products—and others, as we ll asmyself, may vote

O

for i t more willingly on this account ; yet all

THE TARIF F . 71

this is a mere incident of raising revenue by imposing dutieson goods imported . It depends not on design or in ten t : it

results as a necessary and inevitabl e consequence . We canno t avoid it i f we would . If we impose a duty o f one dol laron every yard of cloth imported, the duty is laid , not to iacrease the value o f the cloth , and thereby p ro tect the homemanufacturer

,but to supply the wants Of the treasury ; yet, as

a consequ ence, i t encou rag es and p ro tects the home manu fac

turer ; and we can not avoid it. N0 human foresight can prevent it ; no ingenuity can avoid i t ; and , indeed, no design canaid i t . I n ten tion has nothing to do with the matter .”

I t may interest th e reader to know what impression Mr.

Fil lmore made on persons who visi ted the gal lery o f the House

during the sessions of the Congress in which he was achieving

a high standing in his party and a proud position among thes tatesmen o f the country . We therefore Copy the following

from a s eries o f sketches which appeared in a l i terary paper in

New York ci ty in the summer Of 1 842

MILLARD FILLM ORE , OF NEW YORK — This is the d isting u ish ed representative from the city o f Buffalo, and at presen t

chairman of the committee of ways and means, a si tuation botharduous and responsibl e . He stands in the same re lation to

the United S tates government in the House o f R epresentatives

that the chancel lor o f the exchequer does to the governmen t

o f Great Britain in the House O f Parliamen t . He is emphatically the financial organ of the legislatu re . In t he House o fR epresentatives al l b i lls aff ecting the revenue orig inate . These

are presented by the ways and mean s committee—maturedby it— and its chairman has to explain their obj ect and the data

u pon which they are based . He is obl iged to make himsel fthoroughly acquainted with the situation o f the nat ional treas

u ry— has to examine its details— become famil iar with its

wants— i ts expenditure— its income, presen t and prospective and be ever ready to give to the house a full exposition

72 BIOGRAPHY OF MILLARD FILLMORE .

o f al l the measures h e may presen t for consideration . To dis

charge the duties which this post enjo ins , faithfully, requires

both physical and mental capaci ty Of a high order,and I be

l ieve they could not have d evolved upon an individual better

qualified than the subject of this notice. In every respect wi l l

h e be found equal to the task assigned him .

“Mr . Fil lmore in person is perhaps five feet ten inches tal l ,stout and finely formed . His l imbs are graceful ; he has an erectand easy walk, and a wel l developed chest . His complexion

is quite ligh t ; has l ively blue eyes, a smooth forehead markedby breadth rather than heigh t, and re treats slightly in to a head

o f th in grayish hair . His face is broad and regular in its out

l ines ; has a smal l nose, and handsome Grecian mouth and

white teeth . His features,without being very strong ly mark

ed,are decidedly expressive and agre eab le, and in or ou t of

Congress there are few better looking men. His appear

ance would attract attention anywhere , as his abi l ities qual ifyhim for any stat ion . In h is temperamen t he is phlegmatic

is always sel f-composed,and all his acts are controll ed

by the dictates o f his judgment . He weighs every thingin the most pruden t manner— enters into a nice cal cula

t ion— and is never misled by the promptings of his heart.He is the incarnation o f truth and integrity. Never would he“hold the word of promise to the ear, and break it to thesense . ” He would never raise hopes and then blast them .

He is frank,open and manly . In public l ife and in private he

is without guile ; pure and untarn ished. Indeed I question

whether he was ever tempted to go astray . He seems not to

have inherited the frail ties general ly found among the descend

ants O f Adam ,and hence he may possib ly have to o l i ttl e chari ty

for,and j udges too severely o f, those less coolly cons ti tuted

than himsel f. His tal en ts are o f a h igh grade ; is a

~

sound

thinker, and very sagacious ; not showy or bril l iant, but plainand sensible ; and never attempts to make a display or to

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74: BIOGRAPHY OF MILLARD FILLMORE .

be developed . He has been a member of Congress some sixyears, and was prev iously an active member of the State Assembly. As a useful , practical , efficien t, and enl ightened leg

islator, he has no superior, and very few equals among his

associates . And the"ueen City o f the Lakes may be j ustlyproud , as I know she is, o f so able a represen tative , so eminen t

a citizen , of a statesman whose public career is so brigh t an dso fu l l o f promise . ”

In July, 1 842 , Mr . Fil lmore addressed a letter to his con

stitu en ts decl ining a re -election . We copy the Opening and

two or th ree of the closing paragraphs

“F E L L ow -C ITI"EN3 : Having long Sin ce de termined not tobe a candidate for re -election

,I have fel t that my duty to you

required that I should give you seasonable notice o f that determ ination . The chief causes which have brought me to thisresolution , being mostly o f a personal character, are u nimportan t, and would be unin teresting to you or the public . It issuff icien t to say, that I am not prompted to this course byanything in the presen t aspec t o f poli tical affairs . Many o f

you know that I desired to withdraw before the last congressional e lection , but owing to the importance o f that con test, thedesire for unanimity, and th e hope that i f the administrationwere changed

,I might render some essential local service to

my district and those generous friends who had so nobly su s"

tained ou r cause , I was ind u ced to stand another canvass .But how sad ly have al l been disappointed"How has thatsu n which rose in such j oyous brightness to mil lions beenshrouded in gloom and sorrow"The lamented Harrison

,

around whom clustered a nation ’s prayers and blessings, isnow no more . For reasons inscrutable to us

,and known o

’

nlyto an al l-w ise Providence , he was cut down in a momen t o ftriumph , and in his grave lie buried the long cherished hopeso f a su ffe1 ing nation .

9k 3k 3k :I:

“But, fel low-citizens, I have said more than I intended, andregret that I have not t ime to say i t more briefly . I can not,however, consent to bring this hasty letter to a close without

D E CL INE S A R ic-ELECTION TO CONGRESS . 75

expressing the deep emotions of gratitude that fi l l my heartwhen I look back upon your kindness and devotion . Pardonthe personal vani ty

,though it be a weakness, that induces me

to recur for a moment to the cherished recol lections of yourearly friendship and abiding confidence . I can not give ventto the feelings o f my heart without i t.

I t. is now nearly fourteen years since you did me the u n

sol icited honor to nominate me to represen t you in the StateLegislature . Sev

’

en times have I rece ived renewed evidenceOf your confidence by as many elections

,with constantly i1i

creasing majorities ; and at the expiration of my presen t con

gressional term , I shal l have served you three years in theS tate and eight years in the national councils . I can no t cal lto mind the thousand acts o f generous devotion from so manyfriends who wil l ever be dear to my heart, without feeling thedeepest emotion Of gratitude . I came among you a poor andfriendless boy. Y ou kindly took me by the hand and gave meyour confidence and support . You have conferred u pon med istinc tion and honor

,fO 1 which I could make no adequate

re turn but by an honest and un tiring eff ort faithful ly to d ischarge the high t i u sts which you con fided to my keeping. Ifmy humble efforts have met your approbation , I freely admitthat next to the approval Of my own conscience i t is the highest reward which I could receive for days Of unceasing toil andnights Of sleepless anxiety .

“ I profess not to be above or below the common frail ties o fou r nature . I wil l therefore not d isguise the fact that I washighly gratified at my fi t st election to Congress, yet I cantruly say that my u tmost ambi t ion has been satisfied I

aspire to nothing more,and shal l retire from the exc1t1ng

scenes o f political strife to the quie t enj oyments o f my own

family and fireside with stil l more satisfac tio n than I fel t whenfirst e levated to this distinguished station .

“ In conclusion permi t me again to return you my warmestthanks for your kindness

, wh1ch is deeply engraven upon myheart . “ I remain sincerely and truly,

Your friend and fel low-citizen ,M I L LA RD F I L LM O R E .

This resolution to retire from public l i fe occasioned profoundregre t . In every part of the country the Whig press expressed

76 BIOGRAPHY OF M I L L A R D FILLMORE .

i ts sense o f the loss the party was about to sustain , and passedth e highest eulogiums on the public services Of a statesman

who had acquitted h imsel f with so much honor to himsel f and

such eminent usefulnes s to the country . Not on ly the pol i ti

cal p ress,but some Of the most distinguished public men Of

the coun try paid him compliments which evinced the highest

appreciation o f his pub lic services. John"uincy Adams, forexample, in a speech to his constituen ts delivered in the autumn

o f 1 842, took occasion to say Of Mr. Fillmore that “ he wasone Of the ablest, most faithful , and fairest-minded men withwhom it had been his lot to serve in publ ic l ife .

”

Since we have mentioned Mr. Adams, i t may no t be o u t O f

place to remark that in the summer o f 1 843 , the veteran

statesman made a tour to the West, and , among other places,v isited Buffalo

,where the citizens gave him a public reception .

Mr . Fil lmore,whose congressional career had closed , and who

was residing at home in the practice o f his profession , was appointed to welcome him, which he did in th e fol lowing neat

and felicitous speech

SI R : I have been deputed by the citizens o f this place totender you a welcome to o u r ci ty . In the discharge Of thisgrateful duty

,I fee l that I speak not only my own sentiments ,

but theirs, when I tel l you that your long and arduous publicservices— your lofty independence your punctilious attent ion to business, and, more than al l, your u nsullied and n u sus

p ec ted integrity , have given you a character in the estimationOf this republic

,which calls forth the deepest feel ings Of ven

e ration and respect .Y ou see around you, sir, no poli tical partisans seeking to

promote some sinister purpose ; but you see here assemb ledthe people Of ou r in fant city, without dis t inction o f party, sex,age or condition all— al l anxiously vying with each otherto show their respect and esteem for you r public services andprivate worth .

“Here, sir, are gathered in this vast mul titude Of what mustappear to you strange faces

,thousands whose hearts have

JOHN"UINCY ADAM S . 77

v ibrated to the chord o f sympathy which your written speechesh ave touched . Here is reflecting age , and arden t youth ,and lisping childhood , to al l of whom your venerated name

i s as famil iar as household words al l anxious to feast theireyes by a s ight Of that extraordinary and venerab le man o f

whom they have heard and read and thought so much al lanxious to hear the voice O f that ‘

O ld man eloqu ent ,’ on whose

lips wisdom has di sti l led her choicest nectar— here , sir. yousee them all, and read in their eager and j oy-g l addened cou n tenances and brightly beaming eyes, a welcome a thrice-told

,

heart-fel t, and soul -s tirring welcome to ‘ the man whom theydelight to honor. ’

Mr . Adams made a long and eloquen t reply, from which we

extract the paragraphs relating to Mr. Fillmore

MR . FILLMORE , M R . MA YOR AND FELLOW-C rr l z s : I mustask your indulgence for a moment ’s pause to take breath . I f

you ask me why I ask this indulgence , i t is because I am so

overpowered by the eloquence Of my friend the chairman Ofthe commi ttee Of ways and means, whom I have so l ong beenaccustomed to refer to in that capacity, that, with your permission , I wil l continu e so to denominate him now, that I have nowords l eft to an swer him . F or so liberal has he been in bes towing that e loquence upon me , which he himself possessesin so eminent a degree that

,while he was ascribing to me

tal ents so far above my own consciousness in that regard,I

was al l the time imploring the god of e loquence to give me, atl east at

, this momen t, a few words to j ustify him before you inmaking that Splendid panegyric wh ich he has been pl eased tobestow upon me ; and that the flattering picture which he haspresented to you, may not immed i ately be defaced before youreyes by what you should hear from me .”

if: at 4k 3k 9k

I congratulate v ou again upon your possession of another

dear and i ntimate friend Of m ine, in the person of the gentleman who has j ust addressed me in your name , and whom I

have taken the liberty Of addressing as chairman of the commit tee Of ways and means— th e capacity in which he hasrendered so recently services O f the highest importance to

7 8 BIOGRAPHY OF MILLA RD FILLMORE .

you his const ituen ts,by whose favor h e was enab led to render

them to u s, and ou r common country . And I can no t forbear to express here my regret at his retirement in the presen t emergency from the councils Of the nation . There, ore lsewhere

,I h O pe and trust he wil l s oon return ; for whether

to the nation or to the Sta te,no service can be, or ever wil l be

rendered by a mo1 e able or a more faithful public servant .

After h is withdrawal from Congress,Mr. Fil lmore continued

t o reside in Buffalo, and was very much devoted to his pro fes

sion . A large and l ucrative practice in the higher courts gave

h im constan t, and to a p erson o f his laborious habits and love

o f business,p leasan t occupation . In th is manner he passed

four or five years,enjoying the esteem of his fellow-citiz ens and

laying the foundations Of a competency which has enabled himto l ive with the dignity befi tting h is posi tion , (al though withthe simpl icity which accords with his republican tas tes"sincehis retirement from the highest offi c e in the country .

OPENING O E THE CAMPAIGN . 79

CHAPTER V.

THE PRE S IDENTIAL CAMPAIGN O F 1 844 .

Mr. Fi l lmore ’s last congressional term expired in March ,1 843 . During the following summer his name was mentionedin connection with the Vice-presidency, and his claims as a

cand idate were urged wi th much enthusiasm by a large num

ber Of the most respectab le Whig presses . By the Spon

taneou s and universal sentiment Of the Whig party, i t had

been settled,for a long period in advance o f th e national con

v ention , that Henry C lay would be the candidate for the first

Office . This eloquent and patriotic statesman was no doubt

the private choice Of a majority Of h is party in 1 840 but th e

fact that he had been beaten , in 1 8 32 , by General Jackson ,on the bank issue , rendered i t i nexpedient, both in his ownestimation and that of his friends, that he shoul d be again

brought forward unti l th e prospects should preponderate

pretty strongly in favor O f his success . Many O f his friendssupposed this time had arrived in 1 840, and fel t gr eat dis

satisfaction when they were over-ruled by the majori ty o f

the convention,who were Of the Op inion that General Har

rison was a more available candidate . N0 man in the United

States had so many personal friends as Mr. Clay , and his

v igorous Opposition to the administration Of Joh n Tyler, re

moved all doub t O f his availabili ty in 1 8 44—there never havingbeen any O f his pre-eminen t fi tness .

The Whigs Of New York, proud Of Mr. Fillmore’s tal ents

and standing, desired to see his name on the same ticket with

M r. Clay ’s, and determined to present i t to the national

80 BIOGRAPHY OF MILLARD FILLM ORE .

convention . In October, 1 843 , the editor of the New YorkTribune made th e following expression o f Opinion : “ I hav ej ust returned from a four weeks ramble at the West

,and have

some comments to make in due season , on events and occur

renees in my absence . F or the presen t, however, I must becontent with a remark on a single point—the Vice -presidency .

While I believe the selec tion Of the Whig candidate should bel eft, as nearly as mav be, to the unbiassed and unembarrassed

choice of a national convention , and , therefore, do no t care to

engage in any newspaper discussion on the subj ect , I shal lavoid misapprehension by stating that my own first choice has

long been Millard Fil lmore .” This preference was ful lyshared by the Whigs of New York .

The Whig national convention met at Bal timore on the first

of May, 1 844 . Hon . Ambrose Spencer, o f New York , was

chosen presiden t, and twenty-six vice-presidents and six se cre

taries were appointed . As soon as the organization was com

ple ted , Henry C lay was nominated by acclamation, as theWhig candidate for the Presidency . The convention merely

ratified a nomination that had been previously settled by thepeople .R especting the candidate for Vice-presiden t, there was con

siderable difference Of Opin ion , and a choice was not effectedu ntil th e convention had bal loted three times . John Davis

,

Of Massachusetts, was supported by th e delegates from the

E astern States ; Mr . Fil lmore by those from the State Of New

York , and some Of the Western States ; Theodore Frelinghuysen by those from New Jersey , and other States . On thethird bal lot

,Mr. Frel inghuysen received a maj ority Of th e

votes, and was declared nominated .

The author Of the “ Life and Times of Silas Wrigh t, al

thou gh a Democrat,in describing the proceedings Of this

convention,speaks o f the Whig - candidates for Vice-presiden t

in the fol lowing handsome terms

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82 BIOGRAPHY OF MILLARD FILLMORE .

cal l ed to an article i n your paper O f the 8 th instan t, and tosome extrac ts from other journals in yours since that time, inwhich my name is mentioned

o

as a candidate for nomination tothe gubernatorial office in this State . You do me the justice tosay that

‘ I have never desired the Offi ce Of Governor, thoughI admit the right O f the people to the services o f a public manin any Station they may think proper to assign him .

’ Mymaxim has always been that individuals have no claim uponthe pub lic for Offi cial favors , but that the public has a right tothe service Of any and al l of i ts ci tizens . This righ t o f thepublic

,however

,must in some measure be qual ified by the

fi tness and abili ty o f the person whose services may be demanded for th e station designed , and the propriety Of his accepting the trust can only be properly d etermined when all

his relations,social and poli tical , are taken into the account .

O f the former , I am ready to concede that the public must b ethe p roper and only j udge . In regard to the latter, the indiv idual h imse lf has a righ t to be consulted . These notices o fthe public press are from such sources, and so flattering, as toleave no doubt either o f the sincerity or friendship of theauthors . And the Office itself, in my estimation , is second inpoint o f dignity, honor and responsibil ity only to that o f

Presiden t Of the United States . When we reflect that it hasbeen held by a Jay

,a Tompkins , and a C linton, who in the

discharge Of its various and responsib le duti es acquired a famethat has connected them with the history of our country, andrendered their names immortal , all must agree that its honorsare sufficien t to satisfy the most lofty ambition . For myself I

can truly say that they are more than I ever aspired to .

“Believing,as I now do

,that whoever

,

shal l receive thenomination Of the Whig convention for that distinguishedstation, will be elected, i t is not from any apprehension Ofdefeat that I am disposed to decline i ts honors . But forreasons partly of a public, and partly Of a private character, Ihave invariably expressed an unwil lingness to become a candidate for that nomination . This has been long known to mosto f my intimate friends

,and to few better than to yourself. But

a sense Of delicacy,which all must appreciate , rendered me

reluctant to make a more public declaration o f my wishes onthis subj ect at this time . It also occurred to me that someindividuals, acting under a mistaken sense Of my real mo t ives,

LETTER TO THURLOW WEED .

migh t be led to reproach me with being influenced in mycourse in this matter by the resul ts o f the Bal timore convent ion . But when I saw from the publ ic j ournals that many Ofmy friends were committing

’ themselves on this subject,and

reflecting that no man from any apprehension Of subj ectinghimsel f to unmeri ted censure, had a right to shrink from theperformance of any duty , I fel t that the candor and franknessdue to my political friends would no t su ff er me longer to permit them to remain in doubt as to my wishes on this subject .“Permi t me then to say that I do no t desire to be con

sidered as a candidate for that Offi ce . SO far as my reasonsfor this d etermination are founded upon private considerations

,

i t would be alike indel icate and obtrusive to presen t them tothe public . But if these could be removed or overcome

,there

are others Of a more public character that should,i t appears

to me , be equal ly conclusive .“ In the first place

,.I greatly distrust my own abil ity to

discharge the varied and complicated duties Of that high sta

tion in a manner°

either creditab le to mysel f or satisfactory toth e publ ic . For the last twelve years my attention has beenmostly wi thdrawn from qu estions affecting State pol icy

,and

directed to nat ional affairs . My chie f experience in publ icmatters has been in the national councils

,and to my labors

there I am mainly indebted for whatever reputation I mayenjoy as a publ ic man . It appears to me that the presentpecul iarly trying emergencies in the great interests Of theState require a man for the executive chair Of eminen tabil i ty

,long tried experience, and a greater share Of publ ic

confidence than I can hope to possess . I can no t but fee lthat many who have been mentioned are more deserving o f

that honor, and be tter able to discharge those high trusts,than myself. I recognize in each

“ an e lder and a better'

soldier. ”“But secondly, i t is known to al l that I have recen tly been

a candidate for nomination to the Vice-presidency . I hadpreviously considered my political . career as ended for thepresent

,i f no t closed forever. Never at al l sanguine Of suc

cess,I yielded a reluctant assen t to . the presentation of my

name for that offi ce . Grateful as I am , and ever shal l be ,for the generous devotion Of my friends, I fel t no d isappoin tmen t in the resul t, and uni te most cordial ly with my Whig

BIOGRAPHY OF MILLARD FILLMORE .

brethren in sustain ing th e excel len t nominations Of th at conv en tion . Bu t a candidate is now to be selected from the Whigparty Of this State for the gubernatorial offi ce . Such personm u st

'

be taken from among my poli t ical associates, and I feelthat I owe too much to them t o suffer my name to come incompeti tion with theirs for this distinguished honor. TO permit i t wou ld wear the semblance of ing ratitude , or an overweening ambition for poli tical preferment . I know that I feelneither

,and I can perceive no reason why I should su bjec t

mysel f to the imputation . This alone,i f there were no other

reasons,would be to my mind an insuperable Objection .

But,n evertheless, while I thus decline to be considered a

candidate for nomination , i t is due to mysel f to express th e

g rateful emotions O f my heart to those friends who have so

kindly intimated a preference for me for that Office . It impl iesa confidence on their part which it has been the height o f myambition t o acquire ; and I shall cherish the recoll ec t ion o f i tthrough li fe . Believe me, also, when I say that I am notinsensible to the deep Obligations wh ich I am under to thepeople Of this, my native S tate ; and more especial ly to thosein t he western part Of it, who have sustained me with suchgenerous devotion and u nwavering fidel ity thrbu gh manyyears o f arduous public service . They could no t cal l uponme for any sacrifice

,merely personal to myself, that I should

not fee l bound to make . I owe them a debt Of gratitudewhich I never expect to be able to discharge . But the Whigpar ty Of this S t ate now presents an array of talent and Of wel ltried pol itical and moral integrity not exce l led by that o f anyother State in the Union . From this distinguished host itcan not be d ifficul t to select a suitable candidate for the Offi ceOf Governor— one who is capable

,faithful

,true to the cause

and the country,and who wil l cal l ou t the enthusiastic support

Of the whole Whig party . TO such a candidate I pledge inadvance my most hearty and zealous suppor t . Let us addhis name to those Of C lay and Frelinghuysen , and o u r success1s certain .

“But whil e I thus withdraw from competition for the honors,

be assured that I do no t shrink from the labors or responsibilities of this great con test . We have a work to perform inthis State which cal ls for the u nited effort and un t iring exer

tion Of e very true Whig. Here the great battl e is to be

CANDIDATE F O R GOVERNOR .

fough t . For mysel f I am enl isted for the war. Wherever I

can be o f most service , there I amwil l ing to go ; I seek no dist inction but such as may be acquired by a faithful laborer ina good cause . I ask no reward but such as resul ts to al l froma good governmen t wel l administered ; and I desire no highergratifica t ion than to w i tness the wel l merited honors withwhich victory wi ll crown my numerous Whig friends .

“ I am truly yours,

“MILLARD FILLMORE .

Whatever force there may have been in the reason s assigned

in this l etter, the curren t O f Whig feel ing was running too

strongly in favor Of Mr . Fillmore ’s nomination for Governor, to

be arrested by any expression Of his wishes . Whatever m igh tbe the meri ts Of other d istinguished Whigs, the party was

u nited on him , and th e movement was so spon taneous, that i t

was feared an attempt to make any other nom in ation would

distract and embarrass the party . The unanimous vorce of

th e Whig press insisted that i t was the duty Of Mr. Fillmore

to yiel d his private inclinations,and Of the party to n ominate

h im with the same unanimity they would have done had he

not publicly decl ined the honor

The Whig State convention m et on the e leven th o f September, and Hon . Francis Granger

,formerly Postmaster

General , was chosen president . As soon as the organizationwas completed , a delegate from Onondaga county , after a fewprefatory remarks, moved a resolu tion declaring Mil lard Fil lmore unanimou sly nominated as the Whig candidate forGovernor . The presiden t having put the question

,the reso

lu tion was carried by acclamation,the conven tion and spec

tators rising in a body and giving nine enthusiastic cheers .

Thus the Whigs Of New York,too impatient to testify their

confidence in * the man Of their choice to awai t the formalitv Of

a bal lot, promptly made him their candidate wi th an enthusiasmso Spontaneous

,a zeal so i rrepressib le

,as to compel his

86 BIOGRAPHY OF MILLARD FILLMORE .

acceptance Of the nomination . We O opy two Of the resolutions which were unanimously adopted by the convention :

R eso lved , That we announce to the peopl e o f this greatcommonweal th

, w i th pecul iar and triumphant satisfaction , thename o f o u r cand idate for the chief magistracy of the Statea nomination which we were cal led together not to suggestbut to declare

,as the previously expressed will Of the peop le

a nomination which we have there fore made unanimouslyw i thout a momen t ’s del ay, and without a thought O f dissen tand that we rej oice in the opportunity thus to show a gratefulpeople ’5 high appreciation o f the modest worth , the man ly publicvir tue, the

n

spotless in teg i ity and unchangeable fideli ty O f thateminent champion of Whig principles, the dauntless Vindicatoro f the outra

ged popu la1 sufi rage in the case o f the insulted

‘BROAD SEAL’ o f New Jersey 1n

t i

1 840 , the valian t and v ictori

o u s le ader of the patriotic Whigs o f the immortal twentyseven th Congress in thei1 long and trying warfare againstcorrup tion and despotism , the laborious author and eloquen tdefender Of the WHIG TARIFF—MILLARD FILLMORE .

“R esolved,That in h im , known to the people by long and

faithful service in the Legislature O f the State and nation ,we rejoice to presen t a true and worthy representative OfDemocratic R epublican principles, born in the forest Of thenoble western region Of o u r own State, trained among an

industrious kindred to hardy toi l and manual labor on thefarm and in the manufactory— democratic in al l his associationsand ' sympathies

— cal led early into honorable publ ic service,and promoted to an unsough t d ist inction by an intell igen t eonstitu ency, who learned his capacity by experience— free fromthe degrading and contaminating assoc iation Of partisan managers and spoilers —one who n ever so ught to rob the p eop le

of the right to choose their own rul ers, but ever distinguishedhimsel f in con tending for popul ar righ ts and constitutionalliberty, and in securing to the American laborer his labor

’sj ust and high reward .

”

I t is a wel l known matter of history , th at in the presidentialcampaign Of 1 844 , th e Whig par ty were disastrously beaten .

They had entered the canvass with high and confident hOpes

LETTER TO MR . CLAY . 87

o f success, and deep and bitter was their d isappoin tmen t, whenthey found that Henry Clay

,their great and cherished leader,

was defeated by a maj ori ty o f sixty-six el ectoral votes. Mr.

F 1llmore , Of course, shared the defeat Of h is party . Persona lly

,his fai lure to be elected Governor O f New York was a

relief,for he had not wanted the offi ce . But he fel t, with the

whole Whig party, the sorest d isappointmen t and chagrin that

the most il lustrious statesman in the country should have beenvanquished in a contest b efore the people

,by a man o f the

moderate pretensions o f his Democratic competitor . Under the

influence o f these feel ings , Mr . Fillmore wrote the followigg,l etter to Mr. Clay , in which he j ustly attributed his defeat inthe State Of New York to the Abolitionists and

,foreign

CatholicsBUF F A L O

,November 1 1 th , 1844

MY DEAR SIR : I have thought for three or four days thatI would write you

,but real ly I am unmanned . I h ave no

courage o r resolu tion . A l l is gone . The last hope , whichhung first Upon the city Of New York and then upon Virginia,is final ly dissipated, and I see nothing but despair depic ted onevery countenance .

“ For myself I have no regrets . I was nom inated muchag ains t my wil l , and though not insensible to the pride o f success, yet I feel a kind o f relief at being defeated . But not sofor you or for the nation . E ver

yconsideration Of j ustice , every

fee ling O f grati tude conspired in the minds Of honest men toinsure your election ; and though always doubtful o f my own

success, I could never doubt yours, ti l l the painful convictionwas forced upon me .

“The Aboli tionists and foreign Catholics have defeated usin this State . I wil l not t rust myself to Speak o f the vil e hypocrisy of the l eading Abol itionists now . Doubtless manyacted honestly but ignorantly 1n what they did . But it is clearthat Birney and his associates sold themse lves to Locofocoism,

and they wi l l doubtless recei ve their reward .

Our opponents,by pointing to th e Native Americans and

to Mr . F re linghuysen , mo re the foreign Cathol ics from us anddefeated us in this State“

88 BIOGRAPHY OF MILLARD FILLM ORE.

Bu t it is vain to look at the causes by which this infamousresul t has been produced . It is enough to say that al l is gone,and I must confess that noth ing has happened to shake myconfidence in our ability to sustain a free government so muchas this. If with such issues and such candidates as the national contest presen ted , we can be beaten , what may we notexpect ? A cloud o f gloom hangs over the future . May Godsave the coun try ; for i t is eviden t the peopl e will no t .

”

Mr . F il lmore was not alo ne in supposing that i ts foreign

population had deprived the country Of the services O f a states

man pre-eminently fi tted for its highest Office, whose elevation

to the presidency would h ave been a matter Of j ust national

pride . TO Show how widely this impression prevailed amongintel ligen t men

,we make the following quotations from some

Of the numerous letters addressed to Mr. C lay after the resul tOf the election became known .The venerable Ambrose Spencer

,formerly Chief Justi ce Of

the Supreme Cou rt Of the State o f New York,wrote to Mr.

Clay as follows, under the dat e Of A lbany, Nov . 2 1st, 1 844 :

“You wil l perceive that the Aboli tion vote lost you th eelection , as three- fourths Of them were firm Whigs, convertedin to Abolitionists . The foreign vote also destroyed your election , and there was yet another distinct Cause .This untoward event has produced universal gloom

,and has

shaken public con fidence to an unexpected extent . E venmany o f those who voted for Polk

,now that he is elected,

d eeply regre t the resul t. God only knows to what we ared estined. One sentimen t seems to prevai l universal ly

,that

the naturalization laws must be a ltered ; that they must be repealed , and the door forever shut on the admission o f foreignersto citizenship, or that they undergo a long probation . I amfor the former . 0

“The Germans and the Irish are in the same category ; theone who know not our language

,and are as ignorant as the

lazzaron i Of Italy, can never understanding ly exercise the franchise ; and the other, besides their ignorance , are natural lyinclined to go with the loafers o f ou r own population .

”

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90 BIOGRAPHY OF MILLARD FILLMORE .

as James K . Polk placed in the presidential chair. Did I sayAmerican people t I recal l that expression , for two - thirds ofthe native freemen o f the United States are your fast friends .It was foreign influ ence aided by the Irish and D u tch vote

that caused ou r defeat As a proof, in my native ci ty alone,in the short Space o f two months there were over one thousandna tural ized . Out Of this ' numben nine-tenths voted the Locofoco ticket . Thus men who could not speak our language weremade citizens and became pol i ticians too , who at the pol ls werethe noisy revilers Of your fair fame. Thus you have been wel lrewarded for the interest you ever took fo r the Oppressed Ofother nations . Notwithstanding the ingrati tude Of the Irishand German voters

,i f the Aboli tionists of New York had done

thei r duty,all woul d have been wel l . ”

Mr. E . P e t tigru , o f Magnol ia, North Carol ina, wrote a le tter

to Mr. C lay on the occasion Of his de feat, from which the following is an extract

But on th is subject I need say no more . It is al l plain toyou, and my remarks are on ly to show how much I deplorethe failure Of o u r forefathers, the patriots of the R evolution .

But one word 0 11 the subj ect Of natural ization . My Opinionhas been for forty years that there should be no citizens o f theUnited States except those born wi thin i ts l imi ts . Let everyforeigner be satisfied to enj oy al l the other privileges that theS tate i n which they chose to live thought proper to grant.Had that b een the law , we should not now be like men in athunder squall waiting, with trembl ing anxiety for the next clap .

”

Mr. C . L . L . Leary, o f Baltimore, under the date Of Nov .

1 4th , 1 844, writes

I consol e myself, too, (and to you it must be a source Ofunfai ling gratulation ,"that I find myse lf arrayed in this con testo n the same side with the enlightened intel ligence

,virtue

,and

patriotism Of the Union, with the l ine Of discrimination so

broadly and vividly drawn,that ‘ the wayfaring man

,

’ thougha fool in other matters , ‘need nO t err there in .

’ Whateverpartial triumphs we have won

,have beén achieved by honest

American hearts,and wi th unstained American hand s ; no levies

RISE OF THE AMERICAN PARTY . 91

have been made upon the prisons and lazar-houses of Europe ;no Canadian mercenaries o r Hessian auxiliaries have beeneither pressed or purchased into o u r service ; you are the onlychoice Of the great American party, standing upon a broadAmerican platform , supported and dependent upon an American Constitution

,as framed , understood , and construed by th e

patriot fath ers Of the republic . We are told in Holy Wri tthat ‘The wicked walk on every s ide, when the vilest men areexal ted ;

’ and in this humil iating posture we now find Americanaffairs . The very fountain Of our political system

,from whence

al l authority and power flow, is revol tingly corrupt . The ballot-box is poisoned by gross ignorance and wanton perj ury .

Mr . Frelinghuysen, who was candidate for Vice-president on

the same t icke t with Mr . C lay, says to him in a letter wri ttenfrom New York, Nov . 1 l th , 1 844

And then the foreign vote was tremendous . More thanthree thousand , it is confidently said , have beennaturalized 1nthis city alone since the first Of October. It is an alarmingfact

,tha t this foreign vote has decided the great questions of

American po l icy, and counteracted a nation’s gratitude .

”

We have ‘made these numerous extracts for the purpose of

Showing how deep , pervading and wide-spread was the impres

sion, among intel ligent men in al l parts o f the country, in 1 844 ,that ou r foreign population had come to exert a very undue

influence in American politics . They Show that the feeling outOf which the present American party has sprung is no hastypulse, no sudden freak , no transient ebul l ition of passion , but a

deeply seated conviction o f the American mind , which hasbeen growing and gathering strength for yeais . As i t has notsuddenly sprung up, so i t w i ll no t rapidly d isappearThe quotations we have j ust made suggest the propriety Of

ou r giving, in this connection , a sligh t sketch O f the firs t riseOf the American party as a distinc t pol itical organization .

In the year 1 8 34 , Professor Samuel B . Morse, the inventor

Of the electro-magnv

etic te legraph,a gentleman whose fame

BIOGRAPHY O F MILLARD FILLMORE .

will be as enduring as the records of science,was run as a cand idate for mavor Of New York city, “ by a party which had j ustbeen orgamzed for the purpose Of withstanding foreign influence in o u r elections . He received nine thousand votes .

'

A n

address had previously been issued, which temperately but

ably set forth the dangers which threatened our insti tutionsfrom the abuse Of the elective franchise , by the foreign pO pu lation of the country

,the convenient instruments O f papal priests

and native demagogues. The truths presented in this address

were so forcib le that they produced a powerful impression , l ed

to a d is t inctive American organization, and the nomination Of apurely American ticket. The vote polled in its favor seemed

so indicative Of future success, that i t excited the apprehen

si ons Of the Old parties, whose leaders then control led the political press . They opened their batteries agains t the rising

party,and by the power of the press and the efficiency Of party

d iscipline, succeeded in repressing temporari ly the outwardexpression Of a sentiment which , t hough it might be checked,could no t be extinguished.The mention Of Professor Morse recal ls an inciden t, which

as i t connects his name with that Of Mr. Fil lmore , we wil l

briefly relateWhen Professor Morse had perfected his electric telegraph

and secured the paten t, i ts exhibition in Washington excitedmuch atten tion . Mr . Fillmore , then chairman o f the com

mittee Of ways and means, was particularly interested in the

novel and extraordinary machine , and after making up the de

tails Of the annual civil appropriation bil l , he proposed anamendment appropriating for the constructionOf an

e lectric te legraph from Washington to Bal timore . A distin

gu ishedmember of the House , who was afterward Pos t

master General,viol ently Opposed the appropriation , and, in the

excitement O f the debate, denounced the invention as a worth

less humbug. By the urgent and impressive represen tations

RISE OF THE AMERIC AN PARTY . 93

o f Mr. F il lmore the amendmen t was carried,when the gen

tleman referred to, as a mode Of expressing his derision ,rose in his place and proposed as a further amendment

, an

appropriation Of sixty thousand dol lars to carry on experiment s

in animal magne tism, as a doubly important and much more rat ional Object . But in Spite O f sneers and j ibes

,Mr . F i l lmore

carried his point, and this great American invention was ena

b led to give a practical demonstration of i ts u tili ty .

A l though the American party Of 1 8 3 4 did not maintain i ts

organization, the occurrences Of subsequen t years deepened the

conviction o f its necessi ty . Not only,did the same corrupt in

flu ences which i t had tried to stem continue to prevai l in the e lec

tions, but the papal h ie rarchy seemed to have made a conquest

o f the Governor o f New York. In 1 840,Gov . Seward proposed

to the Legislature Of the State to innovate upon its school sys

tem,by setting apart a portion Of its common school fund for the

support o f sectarian schools, under the control o f the Cathol ic

church . This proj ect, warmly advocated by Bishop Hughes,was again ob truded on the New York Leg islature by Gov.Seward in 1 84 1 , and pressed with all the arguments that

could be devised in its favor by an ar tfu l and ingenious mind .

E vents l ike these , combined with the constan t ly increasing ihsolence o f foreign voters and O tfice -seekers, deepened the re

p ugnance o f American e it1zens, and l ed to a revival o f the

American party as a distinct political organization . The for

eign residen ts in the large ci t ies had no t only become numer

o u s,but they exerted a large influ ence in the elections in

p roportion to their numbers . They hel d the bal ance Of power

be tween the two O ld parties, and were conscious that they

could turn the scale whichever way they pleased . Presuming

on the i r strength , they demanded and received a l arge share

Of the less importan t Offices, t o the exclusion o f native born cit

izens. The services for which thev were thus rewarded con

sisted in thronging caucuses and p i imary meetings, and soi t

94 BIOGRA PHY OF MILLARD FILLMORE .

degrading their character that sel f-respecting men would takeno part in managing the machinery by which nominations

were con troll ed ; and in hanging about the pol ls and bul lyingquiet na tive ci tizens who wen t to deposit their votes .These abuses led to the re-organization o f the American party

in 1 843 . A declaration of princip les was published, and in the

city o f New York a ful l municipal ticket was nom inated whichpolled a very consid erable vote . Boston , Philadelphia, St . Louis,New O rl eans, and other cities fol lowed the patrioticexample,and each o f them elected either the whole or a part of the

A merican ticke tu In the municipal e lection in New York ci tyin Apri l, 1 844 , the Native American party nominated JamesHarper, of the respec table publ ishing firm of Harper Broth

ers, as their candidat e for mayor, and elected him by a ma

jority o f between four and five thousand . They also electeda majority o f the aldermen and assi stan t aldermen of the city .

The American feeling which gave these powerful evidences

o f its s trength i n nearly al l ou r large cities in 1 844, was againsmothered

,as it had been ten years before . True, i t was much

deeper and more general than it had been in 1 834, but besides the discipline o f pol i tical parties which was put in requi

si tiou to crush it, i t encountered obstacles in the absorbing topics which then engrossed publ ic atten tion . The next year Texas

was annexed to the United S tates . Then fol lowed the war

with Mexico, l arge acquisi tions of new territory , the discovery

o f the rich gold mines of Cal ifornia, and the exciting contro

versies consequent on the application of that rapidly matu red

State for admission into the federal union . But no sooner had

the public mind time to settle in to tranquil li ty after the excite

men t which attended the adoption of the compromise of 1 8 50 ,than American sentiments again found expression , and assertedtheir power as they had never done before . As, in 1 8 44 ,they had shown themselves much more powerful than in 1 834 ,so

, in 1 854, al l preceding exhibitions of American fee ling se emed

THE AMERICAN PA RTY . 95

bu t as th e drops which precede a CO piou s and refreshing

shower. A l though by the repeal o f the Missouri compromise,

the country has been afflicted with another distracting slaverv

agitation,even that has been unable to arrest or material ly re

tard the progress o f A merieamsm, and however the movemen t

may be obstructed or Opposed , it wil l triumph over al l obsta

cles, because it is founded in the deepest feel ings o f mill ions ofpatrio tic hearts .

96 B IOGRAPHY OF MILLARD FILLMORE .

CHAPTER VI .

E LECTED C OMPTROLLER O F NEW YORK.

In the fal l o f 1 847, Mr . Fi l lmore was elected Comptrol ler o fth e State o f New York, and entered on the duties o f the o ffi ce o n

t he first o f the fol lowing January. This office is one o f greatimportance, the Comptrol ler being the chief financial officer of

the State , and entrusted with the management o f al l i ts variousfunds. These, in the S tate o f New York, are numerous and

l arge , some hal f dozen d i stinct and separate funds being enu

merated, and their condition regularly described , in the annual

reports required o f the Comptrol ler. To say nothing o f th eschool funds which amount to between two and three mil lions of

dollars, or the United States deposit fund , amounting to be tween

four and five mil lions, or the l i terature fund , or the trust fund s,the magnificent and almost g igantic system of publ ic workswhich are the property of the S tate, would alone require that

i ts principal financial officer should be a man of great business

capacity, experience and skill . A t the time Mr . Fil lmore held

the office,in addition to his other multifarious duties

,the Comp

trol ler was superintendent o f the bank departmen t in thewealthiest and the most commercial S tate in the Union , as wel l

as a leading member o f the Canal Board . A s the citizens o fother States have probably a very inadequate conception o f the

importance o f th is office , and the high order o f ability requisitefo r the successful discharge o f its duties, it mav not be amiss

to O opy the fol lowing paragraphs which appeared in the A lbanyArgus the year previous to Mr . Fil lmore's elec tion as Comp

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98 BIOGRAPHY OF MILLAR D FILLMORE .

from year to year ; to review the reports o f his ofi ce ; and tofol low him and his numerous assistants in the actual dischargeof their various labors in the financ ial

,banking

,and tax bu

reaux of his department . But it is inconsisten t with the designed brevity of these papers to enter into the details which

alone can convey a suitab le notion of the magni tude and responsibility o f his t rust and influence . As the department is noworganized , i t is overgrown and cumbersome ; and to perform

with thorough intell igence and conscientiousness,without error

or delay, all i ts requisi te offices o f supervision and of action ,requires the sight of Argus, with his hundred eyes, and theactivity of Bi iareu s, with his hundred hands.

”

Mr . Fil lmore’s talents peculiarly fi tted him for the able

discharge of the duties of this office—duties even more import

an t than those o f the Governor of the State, and more compli

cated than any which devolve on the secretary of the national

treasury. He possesses in a very high degree the combina

tion of qual ities which constitute eminent administrative abi lity.

A native cast of mind which prefers business to Show, love o flabor

,fondness for method, a comprehensive mental grasp

u n ited to great capacity for details, energy, inventiveness— theseare qual ities for which Mr . Fil lmore 1s dist inguished , and which

form the sol id basis on which h is reputation as an executiveoffi cer has been reared . In mentioning inven tiveness as one

of his mental characteristics, we must not be understood to

mean that l ight play o f fancy which suppl ies imagery to th epoet ; for Mr. Fil lmore

’s tu rn o f though t is too earnest andmanly to feel much pleasure in frivolous ornaments. He is a

greater master of the figures of arithmetic than of the figures o f

rhetoric ; but the mathematician may be original as well as theorator, although it requires more skil l to discern and appreciate

the original ity o f the former than of the latter. It is thebusiness o f the statesman to deal with grave and important interests, and if he is a man of great resources he shows i t rather

COM PTROLLER’S REPORT . 99

by preposing wise measures which will abide the test of time,than by making ingenious speeches that die with the breath

that utters them . When Hamilton devised the financial sys

tem by which the country was extricated from its diffi cul tie sand retrieved i ts ru ined credit, he was as much ent itled to thepraise of original ity as was John R andolph in any of those eccentrici ties o f thought which rendered his Speeches so entertaining . The kind of inventiveness by which a statesman becomes

fertile in resources, is no t that which kindles in to bril liant

coruscations in popular oratory , but that which enab les him

to bring to great exigencies the measures b est adapted to meet

them . In 1 842, the national finances were in a most deplorabl e condi tion .

_Millard Fil lmore was made chairman of the

committee o f ways and means, and when he had matured hismeasures of rel ief, credi t revived and the country entered on a

new career o f prosperi ty . In 1 8 50 , sectional controversies ran

so high as to imperil the existence of the Union ; Mil lard Fil l

more became President of the United States, and harmony andtranquil l ity .were perfectly restored .

These remarks in relation to the originality of Mr. Fillmore’s

mind have been sugg ested by his report as Comptrol ler of NewYork . The meri ts one would expect to find in such a document are a clear exhibit of the financial condi tion of the com

monweal th and of the state of its various funds, accompanied,perhaps, by suggestions re lative to their management. No t

only did Mr. Fillmore ’s report possess these merits no t only

did it display clear method, l ucid statement and happy sug

gestions, but i t proposed a plan for improving the banking

system of the S tate , which embodied the happiest solution that

has ever been off ered o f the great probl em o f devising a ciren

l ating medium which should combine the l ightness and convenience o f paper with the security o f gold and sil ver. We

quote from his report al l that he said on the subj ect of banks,asking particular attention to the part which recommends

100 BIOGRAPHY OF MILLARD FILLMORE .

United States stocks as a basis'

o f banking. The reader wil lb e s truck with the comprehensiveness of view which so readilycombines a measure o f State policy with a method for facilitat

ing the col lection o f the national revenues. The plan pro

posed by Mr . Fillmore would unite the advantages claimed for

both a United States Bank and the sub- treasury system , with

ou t the dangers and inconveniences o f either

In order to determine this question properly, several thingsare to be taken into consideration , and the firs t is, what is theduty of the State in reference to banking ? I t would, doubtless, be desirable to create banks which shoul d be able to discharge every obl igation

,not on ly to the bi l l-holder, but to th e

depositors, and all others to whom i t should incur any l iability .

But this i s impossibl e . The safety fund,which was intended

to provide such security , would have been ample to redeemall the circul ation of the banks which have failed , but it hasbeen exhausted in paying depositors and other credi tors of theinsol vent banks, and is now mortgaged for al l i t wil l probablyproduce for eighteen years to come . Thus by attemptingmore than could be accomplished , the Legislature failed tosecure the bi l l-holder, which was in its power, and, for theremaining eighteen years that some o f these charters h ave torun , the safety fund yields him no security . It is apparent

,

then, th at security for al l l iabili ties can no t be provided , andthe State is und er no more obl igation to attempt this impossibility than it would be the equally absurd one o f making everymerchant capabl e o f meeting al l the obligations he shoul d incur.

“ It is humb ly conceived the duty o f the State in this casebegins and ends with fu rnishing a good and safe currency tothe people . To furnish this currency, so

,

far as i t consists o fpaper or credit, is an exclusive privilege granted by the State,and the State should take care that in granting it the peopleare secured from imposition and loss. Any man may received eposits , or discount a note, or loan money , or draw a bill ofexchange .

“ These , it is admitted , are banking operations . But theyare Open to al l . Those who engage in them enjoy no exclusive privilege. But not so with those who are authorized to

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102 BIOGRAPHY OF MILLARD FILLMORE .

prove to this department these facts , and obtain bill s for circulation to an equal amount

,and then pay them ou t for property

easily transported take their capital and leave for California,and in one week would be beyond the reach o f process or thepower of coercion .

“But it has been suggested that each bank might be re

quired to deposit a certain amoun t, say ten per cent . , in the

treasury, to constitu te a fund for the redemption o f its b il ls .So far as th is deposi t goes i t may be safe . It is on the princip l e o f the free bank system . But if the deposi t be intendedfor the redemption o f the bank only which makes the deposit,i t is wholly inadequate . It is no more than the banks underthe o ld safety fund system paid to a general fund . Thei rcharters had twenty years to run . They paid half o f one percen t . per annum

,making in al l ten per cent . To say that one

dollar is deposited as a security for the redemption of ten , i sa mockery .

“But i t may be said that the bi l ls constitute a common fundfor the redemption o f the bil l s of the insolvent banks only .

Then , as many which are solven t wil l no t want it, there wi l lbe enough to redeem all the bill s of those which shal l proveinsolvent . This is doub ted . This fund , i nstead of beingsufficient to redeem the notes of al l insolvent banks, wouldprobably for a t ime give j ust credi t enough to the fraudulen tassociations which wou l d be formed

,to enable them to ge t

their notes in circulation,and then by withdrawing their cap i

tal the more effectual ly defraud the community . It is believedto be wholly inadequate for the obj ect intended .

The Comptrol ler bel ieves that the safest way to make asound paper currency , is to have at al l times ample securityfor i ts redemption in the possession o f the State . In order tomake this security amp le, i t should be not only suffi cient inamount, but Should be of such a nature that i t may be readilyconverted into cash without loss . It is not enough that thesecurity be ul timately good or collectable ; delay in redeemingthe circulation causes i t to depreciate, and is almost as fatal tothe poor man who can no t wait, as ul timate insolvency . Hebecomes at once the victim of the broker.

“A bond and mortgage may be good— that is,the whole

amount secured by them may be col lectable . But the bil lholder can not wait for -this. They must be convertible into

BANK ING . 103

cash by sale, and if for any reason this can not be promptlydone

,they are not o f that kind of securi ty which should be

required . A l l the experience o f this departmen t shows thatbonds andmortgages are not the best security for this purpose,and while better securi ty can be had

,i t is deeply to be regret

ted that they were ever received . The apprehension thatthere may be a defect o f ti tle, that the lands mortgaged mayhave been appraised too high, or that there may be

o

some legald efense to a suit o f foreclosure, al l consp ire to depreciate thei rvalue in the estima tion of purchasers, when off ered for sale atauction on the failure of a bank .

Capitalists are cautious about purchasing, and the conse

qu ence is that they have sometimes sold for less t han twentyper cent . on the amount received by them ,

and the averageamoun t for which al l have been sold

,for

,

the last ten years,is

only thirty -seven and seventy-one hu ndredths per cent . , whil e

the average amount for which the five per cent. stocks of thisState have sold is ninety- two eighty- six o ne -hundredths percent. or ninety-two dol lars and eighty -six o ne-hundredths forevery hundred dol lars o f stock . This shows that a six percent . stock, such as is now required , would doubtless have soldat par

,and the bil l holder would have received dol lar for dol

lar for the circulation .

Should the country I emain at peace , i t can not be doubtedthat the stocks of the Un i ted States wi l l be a safe and adequatesecurity The Comptrol le r would therefore recommend thatthe law be so changed as to exclude bonds and mortgagesfrom al l free banks which shal l hereafter commence business

,

and to prevent the taking of any more from those new in O peration ,

and to require that ten per cen t. per annum o f thosenow hel d as security be withdrawn , and their p laces suppliedby stocks o f this State , or of the United States . If this recommendation be adopted , at the end o f ten years the Wholesecurity wil l be equal to a six per cen t . stock o f this State oro f the United States, which it is presumed wil l b e ample secu rity for the redemption of al l bil ls in circulation .

“ Could this system o f banking be generally adopted in theseveral States, i t can hardly be doubted it would prove high lybeneficial . It would create a demand for their own Statestocks . The interest paid upon them would be paid to theirown citizens . E very man who held a bank note, secured by

104 BIOGRAPHY OF M ILLARD FILLMORE .

such stock, would have a d irect interest in main taining inviolate the credit o f the State . The blasting cry of rep u diationwould never again be heard , and the pl ighted fait h of the Statewould be as sacred as national honor ; and lastly, it would givethem a sound and uniform currency.

If,then, in addi tion to this, Congress would authorize such

notes as were secured by stocks of the United States to bereceived for publ ic dues to the national treasury

,this would

give to such notes a universal credit, co -extensive with theUnited States , and leave nothing further t o be desired in theshape o f a national paper currency . This would avoid al l obj ec tion to a national bank , by obviating al l necessi ty for one ,for the purpose o f fu rn ishing a nat ional currency . The national government might be made amply secure. The lawmigh t

,

provide that all bi lls secured by United States stockShould be registered and countersigned in the treasury department

,as the notes circulated by the banks in this State are

reg istered and countersigne d in this office . This would enableevery col lector

,postmaster, or other receiver of publ ic moneys,

to know that they were receivable for pu blic dues.The stock o f the United States by which their redemption

was secured,might be so transferred to the State officer hold

ing the same,that it could no t be sold or transferred by him

without the assent o f the secre tary of the treasury, and in cas eo f the failure o f the bank to redeem i ts notes, i t might be O pt ional with the secretary o f the treasury to exchange the notesheld by the government for an equal amount o f United State sstock held for their redemption , or let i t be sold and receivethe government’s share o f the dividends . In this way thenat ional government would always be secure agains t loss.

Bu t this suggestion is foreign from the chief obj ect of thisreport

,and is merely thrown out to invite atten tion to the sub

j ect. But in conclusion,the Comptrol ler has no hesitation in

recommending that the free bank system be modified in theparticulars above suggested , and that i t be then adopted inpreference to the safe ty fu nd system , as the banking syst emo f this State .

“ It can not be supposed that the banking u nder this sys~tem will be as profitable as i t has been unde r the safe ty fundsystem . It is therefore desirable that eve ry facility should begiven to cap i talists who engage in it that can be granted con

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BIOGRAPHY O F M ILLARD FILLMORE .

CHAPTER VI I .

VICE-PRES IDENT O F THE UNITED STATE S .

In accepting the office of Comptroller,Mr . F illmore had

y ielded to the urgent persuasions of his poli ti cal friends at aconsiderable sacrifice of private interest. He was reluctant to

relinquish a large and lucrative professional business, and, in con

senting to take the office, he de termined that, on the expiration

o f his term , he would return to private life and devote himself

to professional pursuits . When,therefore, he was solicited to

al low his name to be presen ted to the Whig National C onven

tion, in 1 848 , as a cand idate for Vice-president, he refused toentertain the proposal .Previous to the assembling of the Convention, there exis ted,

in the Whig party, great diversi ty o f opinion as to who shouldbe selected as candidate for President . A majority of the Whigso f New York, and several other States, were in favor of Mr.Clay ; but the great personal popularity which always attends

successful military exploits,seemed to render it expedien t that

the Whigs should select one of the two generals who had wongreat distinction in the war with Mexico. Besides his greatmil itary talents, Gen . Scott was supposed to possess such a

knowledge of civil aff airs as eminently fi tted him to administer

the government ; and in fact, he had been a prominent Whigcandidate previous to his bri l liant achievements in the Mexicanwar. But the same objection which was urged against Mr.C lay; appl ied, in some degree, to Gen . Scott. He too , had formany years been talked of in connection with the presidency,

GEN . TAYLOR . 107

and was regarded by many in the l igh t of an unsuccessfu l as

pirant . In deciding among the,

three,if eminen t fi tness for the

offi ce were to determine the choice, there could b e no doub t

that the nomination should be given to Mr. Clay,while the

reasons founded on personal availabil ity seemed to preponderate i

‘

n favor O f Gen . Taylor . He had won the earl iest and

some o f the most bril l iant victories in the Mexican war,and

,

though entirely destitute of civil experience, the peopl e seemedimpatient to testify their gratitude for his military services by

elevating him to the first oflice in the republic . In fac t,he had

been spontaneously nominated, i n various parts of thei

cou ntry,

without any regard to h is party connections, and before it wasknown in what direction his political sympathies leaned . The

principal obj ection made to him by such Whigs as opposed his

nomination , was that there was no evidence that he belongedto their party. Palo A l to, and R esaca de la Palma, and M en

terey, and Buena Vista, were charmed names which would attract a host of supporters ; but what evidence is there , inquiredmany anxious Whigs who were no t insensible to Gen . Taylor’s

great personal strength , what evidence is there, that if electedby Whigs he would carry ou t Whig princip les ? The fol lowing letter, which found its way into the newspapers, had notendency to remove their doubts :

“BA TO N R O UGE,

Janu ary 3oth , 1 848.

SI R : Your communication o f the 1 5 th instan t has been received , and the suggestions therein offered duly considered .

“ In reply to your inquiries, I have again to repeat, that Ihave neither the power nor the desire to dictate to the Americanpeople the exact manner in which they should proceed to nominate for the presidency o f the United States . If they desiresuch a resul t

,they must adopt the means best suited, in their

Opinion,to the consummation of the purpose ; and if they think

fit to bring me before them for this office, through their Legislatu res

,mass meetings

,or conventions, I can not obj ect to

their designating these bodies as Whig, Democrat, or Native .

108 BIOGRAPHY or MILLARD FILLMORE .

But in being thus nominated , I must insist on the conditionand my posi t ion on this point is immutable— that I shall notbe brought forward by them as the candidate of their party,or

'

considered as the exponen t o f their party d octrines .‘ In conclusion

,I have to repeat, that if I were nominated

for the presidency,by any body o f my fel low-citizens

,designa

ted by any name they migh t choose to adopt, I should est eemi t an honor, and would accept such nomination , provided it hadbeen made entirely independent of party considerations .

I am, sir, very respectfully,Your obedient servant,

“ Z . TAYLOR.

PETER SKEN SMITH,E sq , Philadelphia .

A letter to Cap tain A l lison , which he wrote three monthslater, did much to efface the impression which the one j ust

quoted was calculated to produce, and so far satisfied a great

portion of the Whigs, that General Taylor’ s name was promi

nently brought before the Whig Convention , which met at

Philadelphia,on the 1 st of June

,1 848 . The portions o f his

A l lison letter in which Gen. Taylor avowed his Whig princip les

are the foll owing

I wil l proceed , however, now to respond to your inquiries1 . I rei terate what I have so often said : I am a Whig.

If elected, I would not be the mere president of a party . I

would endeavor to act independent of party domination . I

should feel bou nd to administer the government untrammeledby party schemes.

“2 . The Veto Power . —The power given by th e constitutionto the execu ti ve to interpose his veto, is a high conservativepower ; but, in my opinion , Should never be exercised excep tin cases o f clear v iolation o f the consti tution

,or manifest haste

and want o f consideration by Congress . Indeed, I havethought that for many years past the known opinions andwishes of the executive have exercised undue and inj urious influ ence upon the legislative department of the government ;and for this cause I have thought that o ur system was indanger o f undergoing a g rea t change from its true theory .

The personal Opinions of the individual who may happen to

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1 10 BIOGRAPHY OF MILLARD FILLM ORE .

one hundred and forty ; the whole number of votes being twohundred and seventy-n ine . On the second bal lot the vote stoodfor Taylor, one hundred and eighteen ; Clay, eighty- six ; Scott,forty-nine ; Webster, twen ty-two ; C layton , four. Third bal lot

,

Taylor, one hundred and thirty-three ; C lay , seventy-four Scott,fi fty

- four ; Webster, seventeen ; Clay ton , one . O n the fourth

and final bal lot Taylor received one hundred and seventy-onevotes, and was declared e lected .

This resul t had been anticipated from the beginning,but

al l except five or six o f the delegates from New York, and the

Whigs o f that S tate In a stil l larger prOportion, preferred Mr .C lay . The friends of Gen . Taylor were u nderstood to favor

the nomination o f Abbott Lawrence, o f Massachusetts, as Vicepresident. Mr . L awrence was a most estimab le gentleman andtrue Whig, personally unobj ectionable to any member o f the

party ; but as he was known to have been a Taylor man from

the beginn ing,i t was thought that some other name on the

ticke t with ‘

Gen . Taylor would be more l ikely to insure h issuccess .

In this state of things some o f the friends o f Mr . Fillmore

cal led on him, on their way to the convention , and sol icited his

permission to present his name as candidate for Vice-p residen t .

He made obj ections,and expressed his intention to retire to

private life on the expiration of his term of office as Comp

trol l er . T he represen tations of h is friends were, however, so

urgent as final ly to draw from him a promise not to refuse in

case he Should be nominated .

As soon as the fourth bal lot,which , as we have seen , re

suited in th e nominat ion o f Gen . Taylor, was over, and thecheering which greeted the announcement, both w ithin and

without the building,had partial ly subsided, Hon . John A .

Coll ier,a State delegate from New York, and zealous C lay

man , took the floor and made a brief Speech , which was

l istened to w ith great atten tion . He did no t conceal his

LETTER OF A CCEPTANCE . 111

disappointment at a resul t he '

had done al l in h is power to de

feat, but declared that he would neither bol t the nomination himself, nor countenance bolting in others . And

,as a pledge of

the good faith with which the friends of Mr. C lay in New Yorkwould support Gen . Taylor, h e proposed the name of MillardFil lmore as the candidate for Vice-president .

These remarks were received with unbounded applause,and

,

in a few m inutes, the Convention proceeded to bal lot . O f thetwo hundred and seventy-five votes cast on the first bal lot

,Mr .

Fi l lmore had one hundred and fifteen , Mr. Lawrence one hun

dred and nine, and the rest were scattering . On the secondbal lot Mr. Fil lmore received one hundred and seventy-three

votes, (two more than had been given .to Gen . Taylor,"andwas declared nominated .

To the letter of the president of the convention , informing

him of his nomination, Mr. Fillmore made the following reply :

“A LBA NY,N. Y .

, June 1 7th , 1848 .

SIR : I have the honor to acknowledge the receipt of yourletter of the l oth inst . , by which I am notified that at the lat eWhig Convention held at Philadelphia, Gen . Zachary Taylorwas nominated for President and myself for Vice-president, andrequ esting '

my acceptance .“ The honor of being thus presen ted by the distinguished

representatives of the Whig party o f the Union for the secondoffice in the gift of the people an honor as unexpected as itwas unsol ici ted could not fail to awaken in a grateful heartemotions which , while they can not be suppressed , find noappropriate language for utterance .

“ Ful ly persuaded that the cause in which we are en listed isthe cause of ou r country, that ou r ch ief object is to secure itspeace

,preserve its honor, and advance its prosperi ty ; and feel

mg , moreover, a confident assurance that in Gen . Taylor (whosename is presented for the first offi ce"I shal l always find a firmand consistent Whig, a safe guide, and an honest man , I can nothesi tate to assume any position which my friends may assign me .“D istrus ting, as I wel l may, my ability to discharge satis

factorily the du ties of that high office, but feel ing that , in case

1 12 BIOGRAPHY OF MILLARD FILLMORE .

o f my election , I may with safety repose upon the friendly aido f my fel low Whigs

,and that efforts guided by honest inten

tions wil l always be charitably j udged, I accept the nominationso generou sly tendered, and I do this the more cheerful ly, asI am will ing

,for such a cause and w i th such a man , to

‘

takemy chances o f success or defeat, as the electors, the final arbiters o f ou r fate, shall, in their wisdom,

j udge best for theinterests o f ou r common coun try .

“Please accep t the assurance of my high regard and esteem,

and permit me to subscribe myse lfYour friend and fel low-citizen ,

“MILLARD F ILLMORE .

Hon . J . M . MOREHEAD .

”

The resul t o f the presidential e lection which took place inNovember, 1 848 , was that Taylor and Fi l lmore received eachone hundred and sixty- three electoral votes, against one hundred and twenty-seven votes given to Cass and Butler, theD emocratic candidates for President and Vice-presiden t.Mr. F i l lmore happening to be in New York a few days after

the resul t o f the el ection became known, the Whig general

committee, which was in session , waited on him in a body, andtendered him their congratulations on h is election . Hon .Philip Hone, chairman of the general committee, addressed

Mr. Fil lmore as fol lows

“SIR : The Whig general committee wait upon you in a bodyto express the pl easure they feel

,not only in the triumph o f

their princip les , but a pl easure augmented by the agreeablefact that i t elects you to the second office in the federal governmen t— you , a New York boy, born on ou r soil , a nobl eson o f ou r own institutions, who has made his own way aheadby his own industry, and energy, and devotion to correct, soundprinciples . It is known to you that the first choice o f thegeneral committee was not the i l lustrious man j ust el ectedPresiden t for our hearts were pledged elsewhere— but forthe p osition you are to hold, you were o u r first choice ; andwhatever temporary disappointmen t we fel t in the first resul to f the Ph i ladelphia nominations

, was immediately al l eviated by

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1 14 BIOGRAPHY OF MILLA RD FILLMORE .

I have no doubt that under his administration you wil lrealize al l the high and patriotic expectations that you entertai

'

n,and t hat th e country wi l l receive an impetus and a direc

tion,under his h onest hands, that will go far, not on ly to make

it flourish,bu t to make i ts institutions endure . I look to him

with confidence fo r a restoration of sound republican principles,and for an administration of honest men ; and with him , I amsure

,we shal l have the governmen t o f the popular voice— no t

the expression o f the arbitrary wil l o f one man . What thepeople demand

,the people w il l have , and upon them wil l de

pend the success o f the administration of Zachary Taylor.

(Cheers"Gentlemen, I thank you heartily for the kindness with

wh ich you have welcomed me , and I wish you al l happinessand prosperity .

”

(Prolonged cheering."About this time Mr . Fil lmore wrote a private l etter to a friend

,

which was so honorable, patriotic and truly national, that we

copy the fol lowing extract

To me there is no manifestation o f popular sentiment which calls up such deep feelings of gratitude as thatgenerous vote o f my o ld friends and early constituents o f thecoun ty o f E rie. It is now twen ty years since they fi rst electedme to the Assembly

,and from that day to this they have stood

by me through good and through evil r eport, and su stained meunder al l circumstances with a zeal and fidel i ty almost unknownin this coun try ; and the last crowning act o f their continuedkindness and confidence awakens the deepes t emotions of agrateful heart .I trust, too, that you wil l not blame me for expressing the

gr atification and pride which I feel in receiving so flattering avote in my native S tate . But these things are in a measurepersonal to myself, and therefore of li ttl e importancce . Butthe cordial ity and unanimity with which the Whig ticket hasbeen sustained every where

,North and South

,E as t and West

,

i s a just cause o f national fel ici tation . I t pro ves'

that the greatWhig party is truly a national party— that i t occupies thatsafe and conservative ground which secures to every section ofthe country al l that i t has a right to c laim under the guarantyo f the consti tution—that such righ ts are inviolate— and as to

VICE-PRESIDENT . 115

al l other questions Of mere pol icy, where Congress has the constitu tional righ t to l eg islate, the wil l o f the people, as expressedthrough their representatives in Congress, i s to control , andthat wil l is not to be defeated by the arbitrary interposition ofthe veto power .This simple rule which holds sacred al l consti tutio nal guar

antees, and leaves the law-making power where the constitution

placed i t, in Congress, relieves the party at once from al l theembarrassing questions that arise ou t of sectional diff erences ofopin ion , and enables i t to act harmoniously for the good o f thecountry . When the President ceases to control the law-makingpower, his individual opinions of what the law ought to be ,become comparatively unimportan t. Hence we have seenGen . Taylor, though attacked as a slaveholder and a proslavery man at the North

,cordial ly supported and triumphantly

elected by men opposed to slavery,in al l i ts forms ; and though

I have been charged at the South , i n the most gross and wanton manner, with being an abol itionist and an incendiary, yetthe Whigs of the South have cast these calumnies to thew inds, and, without asking or expecting any thing more thanwhat the constitution guarantees to them on this subj ect, theyhave yie lded to me a most hearty and enthusiastic support .This was particularly so in New Orl eans, where the attackwas most violent .“Really, these Southern Whigs are noble fellows . Would

you no t lament to see the Union d issolved,if for no other cause

than that i t separated us from such true,noble and high-minded

associates ? But I regard this election as putting an end to allideas of disunion . It raises up a national party, occupying amiddle ground , and leaves the fanatics and disunionists, Northand South , without the hope of destroying the fair fabric o f ou rconsti tution . May it be perpetual"”In February

, 1 849 , Mr. Fillmore resigned his office as

Comptrol ler o f New York, and proceeded to Washington toassume the duties of his new offi ce .The inauguration which took place on Monday, the 5 th of

March , 1 849 , was an occasion of unusual ceremony and festivi ty . M ul ti tudes o f citizens had assembled in Washington fromall parts of the Un ion, the attendance being greater than at

1 16 BIOGRAPHY O E MILLARD FILLMORE .

the accession to power o f any previous administration . Strainso f martial music, the ringing of bells, the waving o f hundredso f flags, and the thronged procession , bore witness to the deepinterest the occasion had excited . P revious t o the appearanceo f the President elect, the Senate had convened and appointed

a temporary president . The diplomatic corps entered in their

rich and magnificen t costumes, which contrasted finely with

the dark robes of the Justices of the Supreme Court, who satopposite to them .

Mr. Dal las,the late Vice-presiden t, had been for some time in

the chamber,his hair of snowy whiteness and his perfect gen

tlemanly figure, natural ly attracting atten tion. He occupied

a seat in front of the secretary ’s tab le facing the Senators .Presently Mr . Dal las was observed to retire, and in the courseo f a few minu tes he was seen re-entermg the chamber in company wi th Mr. Fil lmore

,whom he conducted to the chair o f

the Senate . The future presiding officer of that body took thev acant seat of his predecessor

,where the oath of office was ad

ministered to him by the presiden t p ro temp ore, when amidprofound stil lness he del ivered

,in the calm and dignified man

ner for which he is distinguished, the fol lowing brief address

SENA Tons : Never havmg been honored with a seat on

this floor, and never having acted as the presiding offi cer ofany legislative body, you wil l not doubt my sincerity when Iassure you that I assume the responsible duties O f this chairwith a

'

consciou s want o f experience and a j ust appreciationthat I shal l often need your friendly suggestions

,and more

often your indulgent forbearance .“ I should indeed feel Oppressed and disheartened did I not

recol lect that the Senate is composed o f eminent statesmen,

equal ly distinguished for their high intel lectual endowmen tsand their ame nity o f manners, whose persuasive eloquence isso happily tempered with habitual courtesy as to rel ieve yourpresiding officer from al l that would be painful in the dischargeo f his duty, and render his position as agreeable as it must beinstructive.

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1 18 BIOGRAPHY O E MILLAR D FILLMORE .

duty to preserve decorum , and, if occasion should rend er it necessary, reverse the usage of his predecessors . This determin

ation met the warm approval of the Senate,who ordered Mr.

Fillmore ’s Speech to be entered at length on their j ournal .

PRESIDENT OF THE UNITED STATE S . 119

CHAPTER VIII.

M R . FILLMORE PRE S IDENT O F THE UNITED STATES .

The large territorial acquisit ions which were the cou se

qu ence o f the Mexican war occasioned controversies that made

the brie f administration of Gen .

rI

‘

aylor'

a period of in tensepublic excitement. The annexation o f Texas, in which the war

originated, met with general approval in the Southern Stateson account o f its supposed tendency to fortify the institution o fslavery . But if the territory ceded to the United States bythe treaty of Guadaloupe Hidalgo should al l be carved into free

S tates, the ul timate effect of annexation would be a great losso f power by the South . The fact that a portion of the North

ern represen tatives in Congress insisted on the insertion of theWilmot Proviso in every act organiz ing a new terri tory, would

have been productive o f cons iderable irritation , even if therehad been nothing else in t he circumstances o f the time tofavor sectional excitemen t . But the application of Cal ifornia for

admission into the Union as a free State, made the only session o f Congress which took place under the admin istration ofGen . Taylor one o f the most exciting that had occurred inmany years .The rapid growth of Californ ia was without a. paral le l in

history . The discovery of gold mines o f extraordinary rich

ness and exten t had caused an immense tide o f emigration to

set toward the new E l Dorado, not only from all the Atlan tic

States,but from almost every quarter of the world. In less

than two years from the discovery of her gold mines, California,

BIOGRAPHY O F MILLARD FILLMORE .

prev iously almost without inhabitants, had become more pop

u lou s than some o f the Old States, more weal thy than sev

eral o f them,and

,without passing through the usual territorial

pupi lage, she had formed a State constitu tion , organized a State

government, and was applying for admission as one o f the mem

bers o f the federal Union . It was obj ected that her proceedings were irregular

,that her territory was too large for a single

State, and that her boundaries had been assumed without theauthority o f Congress . Under different circumstances

,these

obj ections would have had but l ittl e influence,considering the

urgent necessi ty which existed for a government of some kind .

Cali fornia had,at that time , no authorized government either ter

ritorial or state ; and yet from the heterogeneous character o f

her population and the absence o f social restraints,no commu

nity stood in greater need o f a firm and regular government

strictly en forced .

The question really in dispute related to the bal ance o f

power between the slaveholding and the non-slaveholding

States . States had for many years been admitted in to the

Union by pairs, one from each section of the country ; and

when Cal ifornia adopted her constitution the two classes o f

States had , for a long period , possessed an equal represen tationin the United States Senate . When she applied for admissionas a free State , there was no slave State, either forming or

l ikely to be formed , to balance' her. From a more rapid

growth o f population the North had long had a growing pre

ponderance in the lower branch o f Congress, and if California

were admitted as a free State the South would be in a minority i n both Houses, and without any power o f effectual resist

ance to legislative measures,which it might consider hosti le

to its interests . The Northern majori ty in the House o f Re presen tatives was certain to go on increasing

,and if the equ ilib

rium of the Senate were once destroyed,there was no ground

to hO pe that i t could ever be recovered . The“

admission of

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BIOGRAPHY O F MILLARD FILLMORE .

more effectual provision for enforcing the requirements of th e

consti tution relating to fugitives from labor. The combiningo f so great a variety o f measures into one bi ll , was what l ed to

its being designated as the “Omnibus .” Al though it is ; with

ou t doubt, a sound principle of l egislation that every measureought

,as far as possible , to stand on its own separate meri ts,

i t seemed necessary, i n order to accomplish the settl ementwhich Mr . Clay proposed , that these should stand together.Whatever might be the ostensible pretexts for Opposing theadmission o f Cal ifornia, the actual reason was, that i t destroyedirrecoverably the balance o f power between the Northern and

Southern States . This consideration aside, the reasons for heradmission were too powerful and urgent to be resisted . Butthis consideration had so strong a tendency to inflame Southern

feel ing, that the measure had l ittle chance of success unless the

others could be j oined with i t . The South was not l ikely torel inquish

,vol untarily

,al l check upon l egislation affecting sla

very, unless it could be assured that the whole subj ect was tobe withdrawn from future congressional action . Hence the

importance Mr. Clay at tached to combining all these separate

measures into a single bil l .

O ther public men , who were equal ly patriotic , and equal lysol ici tous that al l th e distracting questions growing ou t o f

slavery should receive a final settl ement,while they admitted

the importance of all Mr . C lay’s measures,and the indispens

ab le necessity for their al l passing,considered it a matter of

indiff erence whether they were embodied in a single bil l or

acted on separately . Among these was Mr. Webster,who was

as earnest in h is devotion to the Union , and as ardent in his

efforts for th e restoration o f tranquil lity, as any member of theSenate . He thought i t due to Cal ifornia that she shoul d be

admitted into the Union ; to the South that the constitutional

prov1s1on for the recovery of fugitive slaves should be enforced ;to the whole country , that the quarrel between the

‘ citizens of

THE SLAVERY"UESTION . 123

Texas and New Mexico should be settled ; but so far as related

to slavery in the terri tories, he thought i t a question o f no

practical importance,and no t worth the il l feeling i t had engen

d ered . He contended in one o f th e ables t Speeches everdelivered i n Congress

,tha t there was not a foo t of ter1 itory

within the l imits Of‘ the United States whose condition , as re

gards slavery , was not already . fixed by some irrepealable

law . Neither he nor any other state sman , North or South

neither he nor any other citizen o f a ny section o f the country ,supposed , at that time, that a repeal Of the Missouri compro

mise would ever be proposed, much less ever become possible ;and when he called it an irrepealab le law excl uding slavery

from all terri tory north o f an established l ine, nobody ques

tioned or doubted that, as far as that went, he was perfectly

correct. Nobody could then have foreseen so gross a pol iticalb lunder

,such a wanton v iolation o f good faith , as has since

been committed by a D emOcratic administration , and san ctioned

by the Democratic party . With regard to the terri tories towhich the Missouri compromise did not apply, slavery was ex

cluded from some o f them by posi tive enactmen t, and fromthe others by laws equally Operative and entirely irrepealable .

As th ere was nothing which was susceptible of alteration in

any territory belonging to the United States, so far related

to the existence o f slavery in i t, Mr . Webster j udged correctly

that ag itation on this subj ect was as idle as it was mischievous.

But whatever f oundation there might be for agitation , whether

much or l i ttl e, he considered i t importan t that a period should

be put to it . A t the death o f Gen . Taylor,Congress had been

in session upward o f seven months, and the whole time had

been consumed in discu ssions relating to slavery. Not to dwel l

on the violent sectional animosities which such discussions can

no t fail to excite, this neglect o f the usual business o f legislation is in i tsel f a great evi l . I t is a great evil to have

the wheels of usefu l l egislation blocked by such discussions

124 BIOGRAPHY OF MILLARD FILLMORE .

even for a singl e session ; but when the whole time o f Congress

is,year after year

,wasted in this mischievou s employment, and

al l the great interests o f the coun try permitted to suffer for

want o f necessary legisl ation , i t is high time that so troublesomeand pernicious a topic should be withdrawn from national pol i

t ics . This was the general feel ing o f patriotic men in 1 8 50 ,and al though many statesmen thought the separate portions o f

Mr. C lay ’ s omnibus bil l should receive separate action , they did

not doub t that the success o f every measure was necessary to

the tranquill i ty o f the country and the preservation o f the Union .

I t was in the midst o f those discuss ions, which had alreadycontinued more than seven months

,that Gen . Taylor died.

His death was sudden and unexpected, and occurring at a time

when the publ ic mind was profoundly agitated and ful l o f apprehension

,i t was calculated to make a deep impression . It

was a most trying and critical period for the government to

pass in to new bands, and the country appreciated the difficu l

ties which would surround Gen . Taylor’s successor.

Presiden t Taylor died on Tuesday, the 9 th of July, 1 8 50 ,at half past ten in the evening . On the preceding Thursday,which was the anniversary of American independence, he was

in th e enj oyment Of his usual health , and attended th e celeb ration o f the day at the Washington Monument. The oration

was long, and the Presiden t listened to it with hi s head u ncov

ered,exposed to a breeze which it was feared at th e time

m igh t be detrimental to his heal th . Next morning he was at

tacked w i th cholera morbus ; remitten t fever supervened the

disease baffled al l the skil l o f able physicians,and an hour and a

hal f before midnigh t on Tuesday, his eyes were closed in their

l ast sleep . He retained his reason to the last, and was perfectlycalm and tranquil . His last words were , “ I AM PREPA REDI HAVE ENDEAVORED TO DO MY DUTY""Zachary Tay lor was born i n Orange county, in Virginia,

i n 1 784. He - early displayed great energy and -boldness of

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BIOGRAPHY O F MILLARD FILLMORE .

emphatic distinctness : ‘ I have always done my duty— I amready to die ; my only regret is for the friends I leave behind me .

’

“Having announced to you,fel low-citizens , th is most affl ict

ing bereavement , and assuring you that i t has p enetrated noheart W ith deeper grief than mine, i t remains for me to saythat I propose this day, at twelve o

’clock, in the hal l of the Houseo f R epresentatives

,in the presence of bo th houses Of Congress ,

to take the oath prescrib ed by the constitution , to enable me toenter on the execution of the office which this even t has devolved on me.

M ILLARD FILLMORE .

I

Mr. Webster then‘

submit ted the fol lowing resolutions which

were unan imously agreed to

R eso lved , That the two houses wil l assemble ‘th is day inthe h all o f the House o f R epresentatives, at twelve O

’clock, to bepresen t at the admin istration of the oath prescribed by the constitu tion to the l ate Vice-presiden t o f the United States, to enab le him to discharge the powers and duties o f the office of

President o f the United States, devolved on him by the deatho f Zachary Taylor, late President of the United States .

R eso lved, That the secretary o f the Senate present theabove resolution to the House of R epresentatives , and ask itsconcurrence therein .

A message was then received from the House o f R epresent

atives transmitting a resolution and requesting the concurrence

of the Senate. The resolution was as fol lows :

R esolved, That th e Hon . Messrs . Winthrop , Morse, andMorehead , be appointed a committee on the part of this House,to j oin such a committee as may be appointed by the Senate

,

to wai t on the Presid en t o f the United States,and inform him

that the Senate and House of R epresen tatives wil l be in readiness to receive him in the hal l of the House of R epresentativesth is day, at twelve O

’clock,for the purpose o f witnessing the ad

ministration O f the oath prescribed by the constitution to enablehim to enter upon the execution of the oflice .

”

DEATH OF PRESIDENT TAYLOR . 127

The Senate concurred in the resolution,appointed Mr.

Soule,Mr. Davis, of Massachusetts, and Mr . Underwood , a

committee on their part, and ordered their secretary to notify

the House of R epresen tatives accordingly .

Mr. Soule afterward informed the Senate that the committee

appointed to wait on the President had performed the duty

assigned them , and that they had been informed by the Presiden t that he would take the oath of office at twelve O’clock

, in

the hal l o f the House of Representatives, and that he desired theattendance o f the Senate . Whereupon the Senate proceeded

to the hal l o f the House of Representatives .~

I n the hal l o f the House of R epresentat ives after the appear

ance of the Senate,the Presiden t entered accompanied by the

cabinet, the members remaining standing as a mark of respect .The oath was administered by Judge Cranch

,and after the

President o f the United States, th e cabinet and the Senate had

retired,the speaker announced that he had received another

message from the President . I t was then read as fol lows

“WA SHINGTO N,Ju ly l oth , 1850 .

F ellow-citizens of the Senate and of the Hou se of R ep re

sentatives : —A great man has fallen among us, and a wholecountry is cal l ed to an occasion o f unexpected deep and general mourn ing.

“ I recommend to the two Houses o f Congress to adopt suchmeasures as in their discretion may seem proper, to performwith due solemnity the funeral obsequies o f Zachary Taylor,l ate Presiden t o f the United States ; and thereby to signify thegreat and affectionate regard o f the American people for thememory of one whose l ife has been d evoted to the public serv ice ; whose career in arms has not been surpassed in usefulness or bril liancy ; who has been so recen tly raised by theunsolicited voice of the peopl e to the highest civil authority inthe government

,which he administered with so much honor

and advantage to his country ; and by whose sudden death somany hopes o f future usefu lness have been blighted forever .“To you, Senators and R epresen tatives o f a nation in tears,

1 28 BIOGRAPHY OF MILLARD FILLMORE .

I

I can say nothing which can al leviate the sorrow with which

you are Oppressed.

“ I appeal to you to aid me under the trying circumstanceswhich surround

,in the discharge o f the duties, from which ,

however much I may be oppressed by them, I dare not shrink ;and I rely upon Him,

who holds in his hands the destinies ofnations, to endow me with the requisite strength for the task,and to avert from ou r country the evils apprehended from theheavy calamity which has befal len us.

“ I shall most readi ly concur in whatever measures the wisdom of the two Houses may sugges t, as befitting this deeplymelanchohy occasion . MILLARD FILLMORE .

”

The funeral o f Presiden t Taylor was celebrated on Saturdaythe 1 3 th o f July, with solemn ceremonies befitting the high

character and offi cial dignity o f the deceased .

We have al ready al luded to the agi tating controversy in

Congress during the pending of which Gen . Taylor was stricken

down by a dispensation of providence, leaving the Country ina condition so critical as to devol ve an immense weigh t of reSponsibility on his constitutional successor. To add to the em

barrassment of President Fil lmore , the cabinet immediate lytendered their resignation , and the first question he had to con

sider was whether he would sol icit their continuance in office

or appoint a new cabinet.I t was understoo d that the cabinet o f Gen . Taylor were

opposed to Mr . C lay’s omnibus bi l l,then pending in the Sen

ate, with a great deal of doubt hanging over its success . ThePresiden t approved, i n the main , of the measures embodied inthat bil l, and thought it h is duty to favor their adoption . He

rightly thought that on questions so important there should be

no difl'

erence o f Opinion between th e Presiden t and his consti

tu tional advisers, and that it was necessary to h ave a cabinet

who would sustain him in the course he had determined to

adopt, and whose reputation was identified with his success .He therefore decided to accept the resignation of Gen . Taylor’scabinet, and appoin t a new one .

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130 BIOGRAPHY OF MILLARD FILLMORE .

strong secession conventions were held in the South ; the spirito f sectional strife seemed arming itsel f for a migh ty conflict .The Senators arid R epresen tatives from California had become

weary o f their long waiting at Washington knocking at the

doors o f Congress ; Texas and New Mexico, in the midst o f an

angry controversy relative to their boundaries,were arming

for civi l war ; the d isaffected South was ready to sustain Texas

in her claims ; and it became necessary for the general gov

ernment to protect New Mexico against armed invasion by

that State .

The President ordered the\requ isite mil i tary force and mu

mi t ions of war to be put in motion for New Mexico,and on the

sixth o f August, 1 8 50 , he sent a message-

to Congress advising

that body of th e imminent danger o f a col l ision,and ur

ging

,i n

the strongest terms,a speedy settlemen t of the controversy.

Congress appreciated the danger , ren ewed its efforts to se ttle

the vexed'

qu estions, and soon passed the several acts by which

C aliforniaw as admitted into the Un ion as a State ; the boundary line between Texas and New Mexico defined

,and an

indemnity provided for the claim of Texas ; territorial govern

men ts establ ish ed for New Mexico and Utah ; the slave tradeabol ished in the D istrict o f Columbia ; and more effectual

provision made for the rendition o f fugitive slaves . These

h ave sin ce b een col lectively designated as the “compromise

measures.”

The Presiden t had some doubt whether the fugi tive sl aveact did not conflict with the provis ion of the consti tution re

l ating to the wri t o f habeas corp u s, and referred the subj ect tothe Attorney-General . Attorney-General Cri ttenden prepareda written Opin ion , in which he showed by a

' clear and conclu

sive argumen t, supported by the decisions t of the Supreme

Court, that there is nothing in the b i l l submitted to him,

is in confl ict wi th the const itution , or which suspends

intended to suspend the writ of habeas coij ous . It is a

MR . CRITTENDEN’S OPINION . 131

wel l known and admitted fact,proved by abundant h istorical

evidence, and assumed in al l j udicial decisions relating to thesubj ect

,that the

“clause O f the consti tution which requires the

surrender o f,fugiti ve slaves was in tended to secure to the citi

zens o f slaveholding States complete ownership in their slaves

in every State or territory o f the Union into which they mightescape . It devolved on the genera l governmen t to make that

security effectual , and accordingly the act o f 1 793 was passed,which , so far as i t respec ts any constitutional question that

can arise ou t o f i t, is identical w ith the b i l l submitted to theAttorney-General for h is Opin ion . It authorized the l ike arresto f the fugitive slave

,the like trial

,the l ike j udgment

,the l ike

certificate , with th e l ike authority to the owner, by virtue ofthat certificate as his warrant

,to remove him to the State or

terri tory from wh ich he escaped . And yet the constitutional

i ty o f the act of 1 793 has been affi rmed ,by the adj udications

o f State tribunals, and by the courts o f the United States,without a single instance of dissent . The Supreme Court of

the United States has decided that, independen t o f any aid

from legislation,the owner of a fugitive slave may

,in v irtue

o f the constitution and his own righ t o f property, seize and

re -capture h im in any State or'

territory in which he may findhim

,and carry him back to the place from which he escaped .

The bi l l under consideration,therefore, conferred no right on

the owner of a fugitive sl ave, but only gave him an appointed

an d peaceable remedy,in place o f th e more exposed and in

secure,but not less lawfu l mode o f sel f-redress . The fugitive

has no reason to complain o f th e b il l , for i t adds no coercion

to that which the owner o f the slave migh t himsel f exercise

w i thout any resort to legal process . It is in fact a benefit to

the fugitive so far as i t in te rposes judicial authority between

him and the power of his owner .

With regard to wheth er this act suspended the wri t o f

habeas corp us, which was the point to wh ich th e President had

132 BIOGRAPHY OF MILLARD FILLMORE .

more particularly cal led h i s attention,the A ttorney-General

was clearly o f the Opinion that there was no incompatibil ity

be tween any o f the provisions o f the bil l and the privi lege ofthatwrit, in i ts utmost constitutional latitude . It is not within the

privi lege or prov ince o f that great writ to loose those whom

the law has bound, but to discharge persons from illegal custody .

The wri t fol lows the law and obeys the law . If on application

for this writ i t shal l appear to the court or judge that the con

finemen t o f the person asking for it is lawf ul , the wri t wil l al

ways be refused . If a person is in custody by the decision ofa court from which there is no appeal , the deciswn I tsel f is to

b e regarded as conclusive evidence that the confinement is

l egal, and not only can the writ of habeas corp us not discharge

him , but no court or j udge has any authority to grant it .

There is no process or tribunal by which the decisions of a

court of l ast resort can be reviewed,and there is nothing in

the writ o f habeas corp u s by which they can be set aside .

A provision o f the consti tution of the United States requiresthat fugitive slaves shal l be surrendered to their owners . The

b il l for their rendition was intended to enforce this requirement .It constitutes a tribunal wi th exclusive j urisdic tion to determinesummari ly and withou t appeal , Who ‘

are fugitive s laves . The

j udgment o f every tribunal o f exclusive j urisdiction , where noappeal lies, is o f necessi ty conclusive u pon every other tribunal ;a nd therefore the j udgmen t o f the tribunal created by the

fugi tive slave act is conclusive upon al l the tribunals . When~

ever this j udgment is made to appear, it is conclusi ve o f ther ight o f the owner to retain in his custody the fugitive fromhis service, and to remove him back to the State from which

he escaped . If i t is shown on theapplication o f the fugitive

slave for the writ o f habeas corp us, i t preven ts the issuing of

the writ if upon the return , it discharges the writ and re

stores or main tains the custody.

Such is the substance of the reasoning by which the Attorney

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1 34 BIOGRAPHY O E MILLARD FILLMORE .

The constitution Of th e Unite d States declares that “ no

person held to service or labor in one State u nder the lawsthereof , escaping Into another, shal l in consequence of any law,o r regulation therein , be discharged from such service o r labor,bu t SHA LL be delivered up on the c l aim o f the party to whom

such service or l abor may be due . ”

That the real ground of Opposition to th e fugi tive slave lawwas a wish to defeat this provision o f the constitution

,is proved

by the fact, that in the violen t attempts to rescue negroes fromtheir c laimants

,there was scarce ly a case in which there was

any reasonable doubt that the person claimed was actu ally

a fugitive slave—that he was really one of those persons whomthe constitution requires to be del ivered up on the claim o f theowner.

Another reason for supposing the opposi tion was aimed atthe consti tution itsel f

,is found in th e admissions and avowals

o f the anti- slavery party itsel f. There would perhaps be an

unfairness in quoting the language of Obscure and irresponsi

ble members o f the party ; we wil l therefore draw ou r proofs

from the speeches of the ab lest and most respec ted o f i ts re

cognized leaders. William H . Seward, o f New York, has for

many years been regarded as the l eading anti- slavery man of

the Northern States,and the principal expounder of anti-slavery

doctrines . He has repeatedly declared his opposition to that

provision o f the constitution which requires the surrender o f

fugi tive slaves . In a Speech del ivered at C leveland , Ohio , in1 848 , Mr . Seward said :

“ It is written in th e constitution o fthe United States that five slaves shal l coun t equal to three

free men,as a basis o f represen tation ; i t is also wri tten , in

v iolation of the D ivine law ,that we Shal l surrender the fugitive

slave who takes refuge at ou r fireside from his relen tless

pursuers . ”

"Seward ’s Works, Vol . I II , p . 300.

MR . SEWARD’S OPINIONS . 135

In the same Speech Mr . Seward exhorts his hearers to usetheir efforts to defeat the operation o f that provision of theconstitution which he had tol d them was

,

“ in violation o f the

D ivine law . He said : “ Inculcate,then

,th e lawo f freedom

and the equal righ ts o f man ; reform your own code extend

a cordial welcome to the fugitive Who l ays his weary l imbs atyour door, and def end him asz you wou ld you r p aternal g ods ;

correct your own error that slavery\has any constitu tional

guaranty which may not be released , and ought not to be re

linqu ished . Say to slavery when it shows its bond and demands

the pound of flesh , that if i t draws one drop of blood,its lif e

shall p ay thef o rf eit.” It is impossible to mistake the mean

ing of this reference to the bond o f Shylock in Shakspeare’

s

Merchan t o f Venice . The “ bond ” is that prov ision in the

constitution which he had declared to be “ in violation o f the

D ivine law ,

” and the advice is to thwart its Operation by sub

t leties of in terpretation which would render its execution impos

sibl e . The speech from which these quotations are made, was

repub lished in 1 8 53,with Mr. Seward’s approbation , i n his col

lec ted works, and is introduced by the editor in terms of the

highest commendation .

In the year 1 8 50 , in th e Senate of the United States , Mr.Seward again asserts that the provision o f the consti tution

re lating to the rendition of fugitive slaves,is o f no binding

force . In his Speech on the admission o f C al i forn ia— a Speechwhich he had prepared with great care—he said : You rconstitu tion and laws convert hospi tali ty to the refugee from

the most degrading Oppression on earth in to a crime, but all

mankind except you esteem that hospital ity a virtue .

I know of only two compacts found in diplomatic history that

admitted the extradition of sl aves . Here is one of them .

”

(He then quotes from an old treaty between R ussia and th e

Seward ’s Works,Vol . III

, p . 301 .

BIOGRAPHY O F MILLARD FILLMORE .

Greek Emperors of Constantinople, and says": “This was inthe year of Grace, 902, in the period cal led the ‘Dark Ages,

’

and the contracting powers were despotisms . And here is th eother .” (After quoting it, he says": “This is from the con

stitu tion of the United S tates in 1 78 7, and the parties were

the republ ican States of this Union . The law of nations dis

avows su ch comp acts—the law of natu re written on the hearts

and consciences of men REPUD IATE S Further on inthe same speech he said : “But you answer that the Constitution recognizes property in slaves . It would be sufficien t then

to reply, that this constitut ional recognition must be void , be

cause it is repugnant to the law of nature and of

These quotations are sufficient to show that the v iolen t

hostility which was directed against the law of 1 850 , would

have been equal ly violen t against any l aw which eff ectu allycarried ou t the provision o f the constitution . In fact, the ac t

of 1 793 , which was signed by Wash ington , was formerly denounced in much the same manner as that o f 1 850 has been

since its passage .

Neither the law of 1 793, nor that o f 1 850, nor indeed anyenactment on the subj ect

,is defensible

,except on the supposi

t ion that the provision of the constitution relating to fugitivesis o f binding Obligation , and that under it the owner of a fugi

tive is real ly enti tl ed to have his property restored to him.

A l l argumen t in defense o f any efficient law on the subject is

perfectly idl e when addressed to those who,l ike Mr. Seward

and his fol lowers, consider that consti tutional provision“ in

v iolation o f the D ivine law,

” and suppose i t is therefore theirduty to “ repudiate ” it . A s President of th e United States

,

Mr. Fil lmore had taken a solemn oath to suppo rt the constitu

t ion, and as he did not feel at l iberty to violate his oath , his

approval of the fugi tive slave law must be j udged by its

Seward ’sWorks,Vol . I

, pp . 65,66

,and 71 .

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138 BIOGRAPHY OF MILLARD FILLMORE .

would be practically impossib le in several o f the non-slavehold

ing States . To say nothing of the prejudices o f th e jurors

which render i t certain beforehand that they would neveragree on a verdict o f surrender, however cl ear the evidencethat the person was actual ly a fugiti ve , the refusal by some o f

the States o f the use o f their j ails and o f the assistance o f theirofficers, would make it impossibl e to detain the prisoner whilepreparations could be made for his trial and witnesses sum

moned from a distan t State . The fugitive would no doubt be

rescued by a mob in the interim , and sen t o u t o f the country

by “ the underground railroad .

”O r. even if the claimant shoul‘d

finally recover his property, he would incur expenses so great

that the provision o f the constitution in his favor would bepractically annul led .

As President Fil lmore’s signing the fugitive slave bil l is the

chief ground o f al l the assaul ts which have been made on his

public f charac ter from that day to this, i t may not be ou t o f

p lac e to s tate t he reasons which rendered that act necessary.

The act passed February 1 2 th , 1 793 , and approved by

President Washington,prescribed the manner in which fugi

t ives should be claimed and given up . By this ac t the owner

was authorized to seize and arrest h is slave wherever he could

find him,and take him before a j udge o f the United S tates

courts, or any magistrate o f a county,city or town corporate

in the State I n which the arrest was made , and i f such judge

or magistrate was satisfied that h is claim was wel l founded it

was made his duty to give a certificate which was declared to

be a su flicien t warrant for removing the slave to the State

from which he had fled .

This law , which was passed soon after the adoption of th econsti tut ion, and bv a Congress of which some o f the f i amerso f the constitution were members

,met with general approval

in al l parts of the country . A l though the proceedings under

i t were summary , without any other trial than an affi davi t

THE FUGITIVE SLAVE L Aw . 139

before a magistrate,and a fine Of five hundred dol lars was im

posed on any person who should k nowingly obstruc t the

claimant or h is agent, the bil l passed the Senate w i thout a

division, and the House o f R epresentatives by a majority of

forty-eight to seven .

After the passage o f this law a strong sentiment grew up in

the northern States in opposition to slavery . Several States

that had previously tolerated i t passed acts for its abolition ,and some even went so far as to prohibit State Offi cers from

affording any assistance in executing the law o f Congress for

the recovery of fugitives . It seemed to be conceded by th e

highest authority —the Supreme Court of the United States— that Congress had no power to compel such assistance .The consequence was that the execution o f the law devolved

on the j udges o f th e United States courts alone ; but they

were too much occupied to give i t their attention, even if the

smal lness o f their number and the distances at which they

resided apart had not rendered them inaccessible . The pro

vision of the constitution,therefore

,which the law was in

tended to carry out , was practical ly annul led .

A case il lustrating this occurred ° in Pennsylvania, in 1 8 39 .

A female slave from Maryland , who had escaped into the State,was

l

pu rsu ed by the agent Of her master, arrested, and brought

before a Pennsyl vania j ustice O f the peace . He decl ined to

take cognizance o f the matter, or to grant the certificate th elaw required

,whereupon the agent took her home to her mas

ter without any wri tten warrant, was indicted in Pennsylvaniafor kidnapping

,tried and convicted . He appealed to th e

United States Supreme Court . That tribunal reversed the

j udgmen t o f the Pennsyl vania court, and held that no State

law could deprive the owner o f the righ t to seize h is slave ,even without process

,and take him home .

This decision was rendered in 1 843 . Not long afterward

efforts began to be made in Congress for an amendment to the

140 BIOGRAPHY OF MILLARD FILLMORE .

existing law, which was seen to be defective in the fol lowingparticulars : F irst, i t had not prov ided a sufficient number o fUnited States oflicers for i ts execution ; second ly , it had notprovided for the arrest of the fugitive in any other mannerthan by the c laimant himsel f ; thirdly, i t had made no adequateprovision to resist th e force which reck less fanaticism m igh t

bring to rescue the slave ; and f ou r thly, i t had failed to define

the kind o f proof necessary to j ustify a certificate for his sur

render. These are the defects which we re sought to be rem

edied by the act of 1 850 .

By this act provision was made for the appointmen t o f asuitable number o f commissioners who are to have concurrentj urisdiction with the j udges of the United States courts inhearing and determining these cases . Process for th e arrest

of the fugitive is to be executed by the marshal o f the district,

who is empowered to cal l to his assistance any number o f

persons to aid him in the performance o f his duty . Proofs are

to be taken by a court in the State from which the fugitive

has fled, to establish the fact that he owed service to h is claiman t

,and in case of apprehended resistance to his removal by

his master,the commissioner 1s authorized to direc t the mar

shal to return h im to the State whence he fled . These arethe leading provisions of the act about which so much clamor

has been raised,and we ‘ may safely appeal to any in tel ligent

man to say whether they, or some other provisions equal lyeffective

,were not demanded of Congress by the requirements

of the constitu tion .

The maj ori ty of the people in every sec tion o f the countryrespect the constitution and are disposed to obey the laws.Furiously as the fugitive slave law was for a wh ile resisted by

excited fanatics,i t,as wel l as the other compromise measures,

gradually came to be acquiesced in by th e general and almostunanimous assent o f the country. That this acquiescence and

the tranquill ity which flowed from i t have since been disturbed,

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BIOGRAPHY O F MILLARD FILLMORE .

only by an exercise of exalted patriotism . Fortunately for thecountry

,this patriotism was not wanting in the convention and

in the States . The danger o f discord and ruin was seen , andfe lt

,and acknowledged ; and this led to the formation of the con

federacy . The constitution,as i t is, can not be said to have em

bodied , in al l i ts parts, the peculiar views o f any great sectiono f the Union ; but it was adopted by a wise and far-reach ingconviction

, t hat i t was the best which , under the circumstances,could be devised ; and that i ts imperfections would be lost Sigh to f, i f no t forgotten , in the national prosperity and glory whichit would secure .

“ A l aw is better understood by a knowledge of the evilswhich led to its adoption . And this applies most strongly toa fundamental law .

At an early period o f ou r history, slavery existed in all th ecolonies ; and fugitives from labor were claimed and deliveredup under a spiri t o f comity or conventional l aw among thecolonies . The articles o f confederation contained no provisionon the subj ect

,and there can be no doubt th at the provision

in troduced into the constitution was the resul t o f experienceand manifest necessity . A matter so d elicate

,important, and

exciting , was very properly introduced in to the organic law .

Does the provision,in regard to the re clamation o f fugitive

s laves, vest the power excl usivel y in the federal government ?“ This must be determined from the language of the consti

t u tion, and the nature o f the power .“ The language of the provision is general . It covers the

whol e ground, not in detail , but in principle . The States areinh ibi ted from passing ‘ any law or regulation which shal l d ischarge a fugitive slave from the service of his master and apositive duty is enjoined on them to del iver him up

,

‘on c laim

o f the party to whom his service may be d u e .

’

“The nature of the power shows that it must be exclusive .It was designed to protect the rights o f the master

,and

against whom ? Not against the State, nor the people o f theState in which he resides ; but against the people and thelegislat ive action o f o ther

‘

S tates where the fugitive from labormigh t be found . Under the confederation

,the master had no

legal means o f enforcing his rights in a State opposed toslavery . A disregard of rights thus asserted was deeply fel tin the South . It produced great excitement, and would have

JUD GE M’L E AN

’S OPINION . 143

led to results destructive to the Union . To avoid th is,th e

constitutional guarante e was essential .“ The necessity for t his p rovision was found in the views and

feel ings o f the people of the States opposed to slavery ; andwho, under such an influence, could not be expected favorablyto regard the rights o f the master . Now

,by whom is th is

paramoun t law to be executed ?It is contended that the power to execute it rests with th e

States . The law was designed to protect the rights of theslaveholder against the States Opposed to those rig h ts ; an dyet, by this argument, the effective power is in the hands o f

those on whom it is to operate .“ This would produce a strange anomaly in the h istory of

legislation . It would Show an inexperience and fol ly in thevenerable framers o f the constitution

,from which , o f al l publ ic

bodies that ever assembled,they were , perhaps, most exempt .

The clause o f the constitut ion under consideration declaresthat no fugitive from labor shal l be discharged from such labor,by any law or regu lation of the State into

o

which he may havefled . I S the S tate to j udge of this ? Is i t left for the State todetermine what eflec t shal l be given to this and other parts o fthe provision ?This power is not susceptibl e o f division . It is a part o f

the fundamental law,and pervades the Union . The rul e

o f action which i t prescribes was intended to be th e same inall the S tates . This is essen tial to the attainment of the obj ectso f the law . If the effect o f it depended , in any degree , uponthe construction O f a State by legislation or otherwise

,i ts spir1t

,

i f not its le tter, would be d 1s1 e crarded This would not proceedfrom any settled determination 1n any S tate to violate the f undamen tal rule , but from habits and modes o f reasoning on thesubject . Such is the diversity of human j udgment

,that oppo

si te conclusions, equ al ly honest, are often drawn from the samepremises . It is, therefO 1 e , essen tial to the uniform efficacy o f

this constitutional provision that i t should be cons1de1 ed exclusively, a federal power. I t is in its nature as much so as thepower to regulate commerce, or that of foreign intercourse .To give fu l l effec t to this provision , was legisl ation u eces

Sary ? Congress,by the passage o f the ac t of 1 798

,legisl ated

on the subj ect, and this shows h ow this provision was constru ed Short ly after its adoption : and the reasons which were

BIOGRAPHY O F MILLARD FILLMORE .

d eliberately considered , and which led to the passage o f theact

,Show clearly that it was necessary. These reasons wi l l be

more particularly referred to under another head of the argumen t . But looking only at the consti tution , the propriety , i fno t the necessi ty, o f legislation is seen.

The constitution provides that the fugitive from l abor Shal lbe del ivered up

, on claim being made by the person enti t ledto such labor ; but it is Si len t as to how and on whom thisclaim shal l be made . The act o f Congress provides for thisd efect and uncertain ty

,by establish ing the mode o f procedure .

“ I t is contended,that the power to legislate on this subj ect

is con currently in the States and federal government . Thatthe acts of the latter are paramount, but that th e acts o f t heformer must be regarded as o f authority , unti l abrogated bythe federal power. How a power exercised by one sovereigntycan be cal led concurrent

,which may be abrogated by another,

I can not comprehend . A concurrent power, from i ts nature,I had supposed must be

,equal . If the federal government by

legisl ating on the subj ec t annuls all State legislation on thesame subj ect, i t must follow that the power is in the federalgovernment and no t in the State .Taxation is a power common to a State and the general

government , and it is exercised by each independently o f theother. And this must be the character o f al l concurrentpowers.It is said that a power may be vested in the federal gov

e rnmen t which remains dormant, and that in such case a Statemay leg islate on the subjec t . In the case supposed , whencedoes the Legislature derive its power ? Is i t derived from theconstitution of the State, or the constitution o f the UnitedStates ?

“ If the power is given by the State constitu tion,i t must

fol low that i t may be exercised independently o f the federalpower ; for it is presumed no one wi ll sanction the doctrinethat Congress, by legislation , may abridge the constitutionalpower o f a State .

“How can -the power o f the State be derived from the federal consti tution ? Is i t assumed on the ground that Congresshaving the power have fail ed to exercise it ? Where is suchan assumption to end ? May it no t be applied with equalforce and proprie ty to the whole ground of federal legislation ,

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146 BIOGRAPHY OF MILLARD FILLMORE .

warrant for removing said fugitive to the State from wh ich heor she fled .

’

“ The foiI rth section imposes a penal ty on any person whoshal l obstruct or hinder such claiman t, his agent, or attorney,&c .

, or shal l rescue such fugitive, when so arrested , di e .

It seems to be taken as a conceded poin t in the argument ,that Congress had no power to impose duties on State offi cers

,

as provided in the above act . As a general principle this istrue ; but does not the case under consideration form an excep tion ? Congress can no more regulate the j urisd iction OfState tribunals , than a State can define the j udicial power ofthe Union . The officers of each governmen t are responsibleonly to the respective authori ties under which they are commissioned . But do not the clauses in th e constitution i n re

gard to fugitives from labor,and from j ustice, give Congress

a power over State officers, on these subj ects ? The power inboth the cases is admitted or proved to be exclusively in thefederal government .

“The clause in the constitution preceding the one in relationto fugitives from labor, declares that, ‘A person charged inany S tate w ith treason

,fe lony

,or other crime , who shal l flee

from j ustice,and be found in another State, shal l , on demand

o f the executive authori ty of the State from which he fled , bedel ivered up to be removed to the State having j urisdiction o fthe crime . ’

“ In the first section o f the act of 1 793 , Congress have pro‘ ided that on demand being made as above, ‘ i t shal l be theduty o f the executive authority to cause the person demandedto be arrested,

’ &c .

The constitutional ity of this law ,i t is believed

,has never

been questioned . It has been obeyed by the governors ofStates

,who have uniformly acknow ledged i ts ob ligation . To

some demands surrenders have not been made ; but the refu

sal s have, in no instance, been 0 11 the ground that the constitut ion and act o f Congress were of no binding force ? O therreasons have been assigned .

“Now,i f C ong 1 ess may by legislation require this duty to

be pe1 formed by the highest State officer, may they not on thesame principle require appropriate duties 1n regard to the surrender o f fugitives from labo1 , by other S tat e

b

officers ? Overthese subj ects the consti tu tional power is th e same .

FUGITIVE SLAVE L AW. 147

“ In both cases the act of 1 793 defines on what evidencethe del ivery shal l be made . This was necessary, as the constitu tion is si l ent on the subj ect . The act provides that onclaim being made o f a fugitive from labor, ‘ i t shal l be the dutyo f such j u dge or magistra te to g ive a cer tificate that the personclaimed owes services to the claiman t. ’

“The constitution requires ‘ th at such person shal l be delivered up, on claim o f the party to whom the service is due . ’

Here is a positive d u ty imposed ; and Congress have said inwhat mode this duty shal l be performed . Had they not powerto do so ? If the constitution was designed , in this respect, torequire, not a negative but a positive duty on the State and

the people of the S tate where the fugitive from labor may befound— of which, i t wou ld seem , there can be no doub t—it

must be equal ly clear tha t Congress may prescribe in whatmanner the claim and surrender shal l be made . I am, therefore, brough t to the conclusion that, although , as a general

principle, Congress can not impose duties on State offi cers, yetin the cases o f fugitives from labor and j ustice

,they have the

power to do so .“ In the case o f Martin’s L essee v . Hunter, 1 Wheat . R ep .

304,this court says,

‘ The language of the constitution is im

perative on the S tates as to the performance o f many duties .It is imperative on the State legislatures to make laws prescr1bing the time, place, and manner o f hold ing elections forsenators and represen tatives

,and for electors o f Presiden t and

Vice-presiden t . And in these,as wel l as in other cases

, C on

gress have a righ t to revise , amend , or supersede the lawswhich may be passed by the State legislatures . ’

“Now, I do not i nsist on the exercise o f th e federal powerto the exten t as here l aid down . I go no farther than to say,that where the consti tution imposes a positive duty on a Stateo r i ts officers to surrender fugitives , that Congress may prescribe the mode o f proof, and the duty o f the State officers .

”

The opinion from which we have made this extract was de

l ivered Se veral years before the passage of the law o f 18 50 .

The fol lowing quotation from an Opinion o f Judge M ’L ean in

a case which came before him in Ohio,i n 1 85 3 , ful ly sus tains

the constitutional i ty o f the act, for signing which Mr. Fillmore

BIOGRAPHY O F MILLARD FILLMORE .

has been so fiercely denounced . Judge M ’L ean’s wel l known

anti -slavery sympathies are a sufficien t guarantee that he has

no bias in favor o f the law whose constitutionality he defends.

We quote from the fifth volume of M ’

L ean’s R eports

“I t is contended that the law authoriz ing the reclamationo f fugitives from labor is unconstitu t ional ; that th e constitu

tion left the power with the States , and vested no power onthe subj ect in the federal government.

“This argument has been sometimes advanced , and i t mayhave been introduced into one or more poli tical platforms . Inregard to the soundness o f this position

,I wi l l first refer to j u

dicial decisions. In the case o f Prigg v . The State o f Pennsylvania

, 1 6 Peters’

R . 5 3 9 , the judges o f the Supreme Courto f the United S tat es, without a dissenting voice, a ffi rmed thedoctrine

,that this power was in the federal government . A

majority o f them held that it was exclusively in the generalgovernment. Some o f the j udges thought that a State m ightlegislate in aid o f the act o f Congress, but i t was he l d by noo ne O f them

,that the power could be exercised by a State ,

except in subordina tion o f the federal power.“E very State court which has d ecided the question , has

decided i t in accordance wi th the view o f the Supreme Court.No respectable court

,i t is believed

,has sustained the v iew

that the power is with the S tate . Such an array o f authoritycan scarcely be found in favor o f the construct ion o f any parto f the constitution

,which has ever been doubted . Bu t t his

construction , sanctioned as i t is by the entire j udicial power,State as wel l as federal

,has also the sanction o f the leg islati ve

power.“ The consti tution o f the Uni ted States , i t wil l be observed,

was formed in 1 78 7 . Afterward it was submitted to therespective States for their ratificat ion . The subjec t was notonly largely discussed in th e federal convention

,but also in

every S tate convention . No question has ever arisen,in re

gard to ou r federal relat ions,which was of equal importance

to that o f the adoption of the consti tution ; none in ou r political history was more thoroughly discussed . The men o f

that day may be emphatical ly said to have understood theconstitution .

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B IO GR A P I I Y O F MILLARD FILLMORE .

has no penal ty for i ts violation, i s no law . The highly respectable gentleman who read an ingenious argument in supporto f these v iews, is too good a theo logian to contend that anyrule o f action which may be disregarded without incurring apenalty

,can be law . I t .may be a recommendation , but i t can

not be a law . This was the great obj ection to the articles o fconfederation . There was no power to enforce its provisions .They were recommendatory, and without sanctions .

“There is no regulation, d ivine or human, which can be cal leda law , without a sanction . Our fi rst parents , in the garden,fel t the truth o f this . And i t has been fel t by violators of thedivine or human laws thro ughout the history of o u r race .

“The provis ion in the constitu tion is prohibi tory and positive .I t prohib1ts the S tates from l iberating slaves which escape intothem , and it enjoms a duty to del iver up such fugitives on

claim being made . The consti tution vests no special power inCongress to prohibit the first

, or to enforce the observance o fthe second . Does i t

,therefore

,foll ow that effect can be given

to nei ther,if a State shall disregard it ?

“Suppose a S tate declares a slave who escapes into it shal lbe l iberated

,or that any one who shal l assist in delivering him

up shal l be punished . If th is power be longs to the States,and not to the federal government

,these - regulations would be

l egal, as within the exercise o f their discretion . This is not anideal case . The principle was involved in the Prigg case , andthe Supreme Court held the act of the State unconsti tutionaland vo 1d .

I t is admitted that there is no power in the federal government to force any legisla ti ve action on a State . But, if theconstitution guaran tees a righ t to the master of a slave , andt hat he shall be delivered up

,the power is given to effectuate

that right . If this be not so, the ’

constitu tion is not what i tsframers supposed i t to be . It was believed to be a fundamental law o f the Union . A federal law. A law to the Statesand to the people o f the States . It says that the States shal lnot do certain things . Is this the form o f giving advice or

recommendation ? I t i s the language of authority ; to thosewho are bound to obey . If a S tate do the thing forbidden , i tsacts wil l be declared void . If it refuse to do that which isenj oyed, the federal gove rnment, being a government , has themeans of executing it .

FUGITIVE SLAVE L AW . 151

The consti tution provides,

‘ th at ful l faith shal l be given topublic acts

,records

,and j udicial proceedings , of one S tate l n

c very other . If an individual claiming this provision as a 1 igh t ,and a State court shal l deny it, o n a writ o f err0 1 to the Snpreme Cou1 t of the Union , such j udgment would be reversed .

And the provision that, ‘ the ci tizens o f each State shal l b eentitl ed to al l privi leges and immunities o f citizens in the several S tates. ’ Congress unquestionably may provide in whatmanner a right claimed unde r this clause, and den ied by aState

, may be enforced . And if a case can be raised under it,withou t any fu 1 ther s tatutory provisions , so as to presen t thepoint to the Supreme Cou rt, the decision o f a State court denying the right would be reversed . So a State 15 prohibitedfrom passing a law that shal l 1mpair the obligations o f a contract. Such a law the Supreme Cour t has declared void . In

these cases,and in many others , where a State is prohibited

from doing a thing, the remedy is gi ven by a wri t o f error,under the legisla tion o f Congress . The same principl e appl ie sin regard to fugi tives from labor.

“A fugiti ve from j ustice may bh delivered up under a Similar provismn in the constitution . I t declares that, ‘A personcharged in any State with treason, felony , or other crime, whoshal l flee from j ustice, and be found in another State , shall , ondemand o f the executive authori ty o f the S tate from which hefled b e delivered up , to be removed to the State having j urisdiction o f the crime . Thi s 1s contained 1n the same section asthe clause in re lation to fugitive s from labor, and they bothstand upon the same princip le . In both cases Congress hasprovided a mode in which e ff ect shal l be given to the provision .

N0 one, i t is bel ieved, has doubted the constitutional ity o f theprovision in regard to fugitives from j ustice .

“The men who framed the constitution,were adequate to

the great duties which devol ved upon them . They knew thata general government was essen tial to preserve the frui ts o f therevol u tion . They unders tood the n ecessi ties o f th e country.

The articles o f confederation had been found as a rope o f sand,

in all matters o f conflic t between the differen t States, and thepeople o f the diff erent States . Without a general government

,

commerce could not be regulated among the States,or with

foreign nations ; fugiti ves from l abor cou ld not be reclaimed ;S tate boundaries could not be authori tatively establ ished .

1 52 BIOGRAPHY OF MILLARD FILLMORE .

“I am aware it has been stated,that the subject o f slavery

was not discussed in the conven tion , and that the recl amat iono f fugitives from labor was not, at that time , a subj ect of muchinteres t. This is a mistake . It was a subject o f d eep and exciting interest, and without a provis ion on th e subj ect no constit u tion coul d have been adop ted . I speak from informationrece ived from the late Chief-Justice Marshal l , who was one ofthe ch ie f actors in tha t day, than whom no man then li vingwas o f higher authori ty .

“The want of a general regulation on the subj ect of fugitivesfrom j u stice and from labor was fel t, and the above provisionsin the constitution were intended as a remedy . I t has provedto be an adequate remedy as against fugitives from j ustice . I n

no ins tance , 1t is bel ieved , has the constitutional ity o f this prov ision been doubted . Bu t the provision in relat ion to fugi t i vesfrom labor

,res ting .upon the same principle, is now opposed .

“If the introduction of this provision in to the fundamentall aw of the Union was not intended to operate as the law o f theUnion— if i t was recommendatory in its character only— it

was useless. The power to surrender fugitives from labor,under the confederacy, was with each State . It could be done

,

or refused , at the discretion of the State . D id the framers ofthe constitution intend to leave this matter as i t was under theconfederation ? The provision introduced shows an intentionto make some provision on the subj ect . But by the argument

,

i t is said , the provision made left the power with the States,and did not ves t i t in the general government . The answer tothis is, i t was in the States before the provision , and on thisview, i t added nothing to the power of the States . If such bethe true construction o f the provis ion , i t fixes an act o f consummate fol ly on the framers of the consti tution , and on th emembers of the State conventions who adopted it. In layingthe foundation o f a general government , they incorporatedin to the fundamental law a use less provision , and omitted to

provide for an emergency which was fel t and complained of ino ne hal f o f the States . The men o f tha t day were not l ikelyto be guilty of such an omission . They understood the federaland S tate powers too wel l , not to know that without some e f

fec tive provision on this subj ect, the superstructure which theywere about to rear would soon be overthrown . These werethe circumstances under which the consti tution

‘

was framed

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154 BIOGRAPHY or MILLARD FILLMORE .

1 850. The duties of the commissioners, the penal ties inflic ted,the bribe secured to the commissioner, for remanding the fug itive , are al l obj ec ted to as oppressive and unconsti tutional . In

regard to the fi ve dol lars, in addition , paid to the commissioner,where the fugitive is remanded to the claimant, in al l fairness,i t can not be considered as a bribe, or as so intended by Congress ; but as a compensation to the commissioner for makinga statement of the case , which incl udes the facts proved, andto which his certificate is annexed . I n cases where the witnesses are numerous , and the investigation takes up severaldays

,five dol lars would scarcely be a compensation for the

s tatement required . Where the fugitive is discharged , nostatement is necessary.

“The powers o f the commissioner, or the amount o f thepenalties of the ac t, are not involved in thi s inquiry . If therebe an unconsti tutional provision in an act, that does not affectany other part of the act. Bu t I by no means intimate thatany part o f the act referred to is in conflic t wi th the constitution . I only say that the obj ections made to it do not belongto the case under consideration .

“The ac t o f 1 8 50 , except by repugnant provisions, did notrepeal the act of 1 7 9 3 . The obj ection that no j ury is givendoes apply to both acts . From my experience in trying numercus actions for damages against persons who obstructed anarrest o f fugitives from labor, or aided in their escape , I amau thorized to say, that the rights o f the master would be safebefore a j ury . I recol lect an instance where a strong antis lavery man , cal led an abol i tionist, was on the j ury in a casefor damages, but who, being sworn to find as the ,

evidence andthe law required, agreed to a verdict for the plaintiff . Herightly determined that his own opinions coul d not govern himin deciding a. controversy between parties

,but that under his

oath he was bound by the law and the evidence o f the case .“ It was i n the power o f Congress to give a j ury in cases

l ike the present, but the law contains no such provision,and the question raised is

,whether the ac t without it is con

lstitu tional .“This question has been largely discussed in Congress, in

the public press, and in conventions of the people . It is nothere raised as a question o f expediency or policy, but of power .In that aspect only is it to be considered.

FUGITIVE SLAVE L Aw . 1 55

The act of 1 793 has been in Operation about sixty years .During

"

that whole time i t has been execu ted as occas ion re

quired, and it is no t known that any court, j udge, or otherofficer has held the act

, in this, o r in any other respect, u nconstitu tional. This long course o f decision

,on a question so

exci ting as to call forth the sympath ies o f the people, and theastuteness o f lawyers, is no unsatisfactory evidence that theconstruction is correct.

“Under the constitution and act of Congress , the inquiry isnot s trictly whether the fugi tive be a slave or a freeman

,but

whether he owe service to the claimant This would be theprecise question in the case of an apprentice . In such a casethe inquiry would not b e , whether the master had treated theappren ti ce so badly as to entitl e him to his discharge . Sucha question would, more probably , arise under the indentureo f apprenticeship , and the laws under which i t was executed .

And if the apprentice be remanded to the service o f his master, i t would in no respect affect his right to a discharge, wherehe is held , for the cruel ty o f his master or any other ground.“The same principle appl ies to fugi tives from labor . It is

true in such cases evidence is heard that he is a freeman .

His freedom may be established, by acts done or suffered byhis mas ter

,no t necessari ly within the j urisdiction whe re he is

he ld as a slave . Such an inquiry may be made, as i t is re

quired by the j ustice of the case . But on whatever groundthe fugitive may be remanded, i t can not, l egal ly, ope rateagainst his right to l iberty . That righ t when presen ted to acourt in a slave State

,has

,general ly, been acted upon with

fairness and impartiali ty . Exceptions to this, i f there beexceptions

,would seem to have arisen on the claims o f heirs

o r creditors,which are governed by local laws, with which

the peopl e of the other States are not presumed to be ao

quainted .

”

1 56 BIOGRAPHY OF MILLARD FILLMORE .

CHAPTER X .

F I R S T A N N UA L M E S S A G E .

Mr. Fil lmore was suddenly cal led to the presidency while

Congress was in session,and amid the preparations for the

funeral o f Presiden t Taylor. These circumstances preven tedhis del ivering an inaugural address . He therefore took Occa

s1on in his first annual message, at the Opening o f the nextsession Of Congress, to promulgate some general principles by

which he would be governed in his administration of the gov

ernmen t . This message is so admirable in style, so truly na

tional in its spirit, so sta tesmanl ike in its recommendations, and ,compared with most documents Of the kind , 1s such a model

Of brevity and directness, that we copy it wi thout abridgment

“F ellow C itizens Of the Senate, and of the House Of R ep re

sentatives :—Being suddenly cal led , in the midst of the lastsession O f Congress, by a painful dispensation o f D ivine Providence

,to the responsibl e station which I now hold , I conten ted

myself with such communications to the legislature as the exi

gency o f the moment seemed to require . The country wasshrou ded in mourning for the loss o f i ts venerated chief magistrate

,and al l hearts were penetrated with grie f. Neither the

time nor the occasion appeared to require or to j ustify, On mypart

,any general expression of poli tical Opinions, o r any ah

nou ncement O f the principles wh ich would govern me in thedischarge o f the duties to the performance o f which I hadbeen so unexpectedly cal led . I t rust, therefore, that i t maynot be deemed inappropriate, i f I avai l myself O f this O pportunity o f the re-assembl ing Of Congress, to make known my sen

timen ts in a general manner, in regard to the policy which

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1 58 BIOGRAPHY OF MILLARD FILLMORE .

we can enforce our own rights with j ustice and with a cl earconscience.

“ In our domestic policy,the constitution wil l be my guide ;

and in questions o f doubt, I shal l look for its interpreta tion tot he j udicial decisions o f that tribunal which was establ ished toexpound i t

,and to the u sage o f the government , sanctioned by

the acquiescence O f the country . I regard al l its provisions asequally binding . In all i ts parts i t is the wil l o f the people,

most sol emn form,and the constituted author

n ts to carry that wil l into effect . E very powerto be exercised for the. public good ;

no pretense O f uti l ity, no honest conviction , even , Of whatht be expedient

,can j ustify the assumption o f any power

granted . The powers conferred upon the government andtheir dist ribu t ion to the several departments , are as clearly expressed ia that sacred ins trumen t as the imperfection o f humanl anguage will al low ; and I deem it my fi rst duty, no t to question its wisdom

,add to its provisions

,evade i ts requ irements,

or nul lify its commands“Upon you

,fellow-citizens , as the representatives o f the

S tates and the peop le, is wisely devolved the legislative power .I shal l comply with my duty , in laying before you , from timeto time, any information calcu lated to enabl e you to dischargeyour high and responsible trust

,for the benefit of ou r common

consti tuents .“My Opinions wi l l be frankly expressed upon the lead ing

subj ec ts o f l egislation ; and if, which I do not anticipate, anyact should pass the two Houses Of Congress which should appear to me unconsti tutional

,or an encroachmen t on the j ust

powers o f other departments, or with provisions hastily adopted,and likely to produce consequences inj urious and unforeseen

,I

should not shrink from the duty Of returning it to you, with myreasons, for your further consideration . Beyond the due performance o f these consti tutional obligations, both my respectfor the legisl ature and my sense o f propriety will restrain me

~ from any attempt to control or influence your proceedings .W i th you i s the power, the honor, and the responsibility

so f

the legislation of the country .

The government o f the United States is a l imited government. It is confined to the exercise o f powers expresslygranted, and such others as may be necessary ‘

for carrying

FIRST ANNUAL ME SSAGE . 1 59sd

those powers into effect ; and it-~is at al l times an O special duty

to guard against any infringement on the just rights Of theStates . Over the Obj ects and subjects intrusted to Congress

,

i ts legislative au thori ty is supreme . But here that authori tyceases

,and every citizen who truly loves the constitution

,and

desires the continuance o f its existence and its b lessings,wil l

resolutely and firmly resis t any interference in those domesticaffairs which the consti tution has clearly and unequivocal lyleft to the exclusive authority of the States . And every suchcitizen wil l also deprecate usel ess irri tation among the severalmembers Of the Union , and al l reproach and crimination tending to alienate one portion o f the country from another. Thebeauty of ou r system o f government consists

,and its safety and

durabil ity must consist, in avoiding mutual coll isions and en

croachments , and in the regular separate action o f all , whileeach

'

is revolvmg in i ts own dis tinct orbit .“ The constitution has made it the duty of the President to

take care that the l aws be faithful ly executed . In a governmen t like ours

,in which al l laws are passed by a maj ority o f

the representatives o f the people , and these representatives arechosen for such short periods, that any injurious or Obnoxiouslaw can very soon be repealed, i t would appear unlike ly thatany great numbers should be found ready to resist the execution o f t he laws . But it must be borne in mind that the country is extensive

,that there may be local in terests or prej udices

rendering a law odious in one part,which is no t so in another

,

and . that the thoughtless and inconsiderate , misled by theirpassions or their imaginations, may be induced madly to resistsuch laws as they disapprove . Such persons should recol lectthat, without law there can be no real practical l iberty ; that,when law is trampled under foot, tyranny rules, whether i tappears in the form o f a mili tary despotism or o f popular v iol ence. The law is t he only sure protection of the weak , andthe only eff icien t restraint upon the strong. When impartial lyand faithfully administered

,none is beneath i ts protection

,and

none above its control . Y ou , gentlemen , and the country, maybe assured , that to the utmost of my abili ty, and to the exten to f the power vested in me , I shal l at al l times, and in al l places,take care that the laws be faithful ly executed . In the discharge of this duty

,solemnly imposed Upon me by the consti

tu tion, and by my oath o f office, I shal l shrink from no

1 60 BIOGRAPHY OF MILLARD FILLMORE .

S

responsibil i ty, and shal l endeavor to meet even ts as they mayarise

,with firmness, as wel l as with prudence and discretion .

“The appointing power is one of the most delicate withwhich the executive is invested . I regard it as a sacred trust,to be exercised with the sole View o f advancing the prosperityand happiness of the people . It shal l be my effort to e levatethe standard Of ofii cial employment, by selecting for places o fimportance individuals fit ted for the posts to which they areassigned

,by their known integrity, talents, and virtues . In so

extensive a country,with so great a population , and where few

persons appointed to Off ic e can be known to the appointingpower

,mis takes wil l sometimes unavoidably happen , and u n

fortunate appoin tmen ts be made,notwi thstanding the greatest

care . In such cases, the power o f removal may be properlyexercised ; and neglect O f duty or mal feasance in ofi

‘ice wil l be

no more tolerated in individuals appointed by myself than inthose appomted by others .

“ I am happy in being able to say that no unfavorable changein ou r foreign relations has taken place since the message atthe opening o f the last session o f Congress . We are at peacewith al l nations

,and we enjoy in an eminen t degree the bless

ings of that peace , in a prosperous and growing commerce , andin al l the forms o f amicable national intercourse . The no exampled growth o f the country

,the present amount Of its pop

u lation, and its ample m eans of self-protection, assure for it therespect Of al l nations

,while it is trusted that its character for

j ustice , and a regard to the rights o f other S tates, wil l causethat respect to be readily and cheerful ly paid .

“A convention was negotiated between the United Statesand Great Britain

,in Apri l last, for facili tating and protecting

t he construction o f a ship canal between the Atlan tic and P ac ific Oceans, and for other purposes. This instrument hassince been ratified by the con tracting parties

,the exchange of

ratifications has b een effected,and proclamation thereof has

been duly made .“ In addi tion to the stipulations contained in this convention ,

two other Obj ects remain to be accomplished between the contracting powers.First, the designation and establishment o f a free port at

each end o f the canal .Second, an agreement fixing the distance from . the shore

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1 62 BIOGRAPHY OF MILLARD FILLMORE .

work,and learn that th e government Of the United States

d esires that the right o f sovereignty o f Mexico in the isthmusshal l remain unimpaired

,the stipulations referred to wil l be

ag reed to with alacri ty.

b“ By the last advices from Mexico i t would appear, however,

that that government entertains strong obj ec tions to some o fthe s t ipulations wh ich the pai ties conceined in the proj ec to f the rai lroad deem necessary for thei r protection and securi ty .

Further consideration , i t is to be hoped, or some modificatio no f terms, may yet reconc i le the diff erences existing betwe enthe two governments in this respe ct.Fresh instructions have recently been given to the Minister

o f the Uni ted States in Mexico, who is p i osecu ting the subj ectw ith promp ti tude and abili ty .

A lthough the negotiations with Portugal

,for the payment

o f claims o f ci tizens o f the United States against that government, have not ye t resul ted in a formal treaty , yet a proposition made by the government of Portugal for the finaladjustment and payment of those claims

,has recently been

accepted on the part o f the United States. It gives me pleasure to say that Mr . Clay , to whom the negotiation on the parto f the

,United States had been entrusted , d ischarged the du ties

o f his appointment with abi li ty and discretion,acting always

wi thin the instructions o f his governmen t.“It is expected that a regular convention wi l l be immediately

negotiated for carrying the agreemen t between the two governments in to effect .

“The commissioner appointed under the ac t O f Congress forcarrying into eff ect the convention with Braz il , of th e 2 7 th O f

January , 1 849 , has entered upon the performance Of the dutiesimposed u pon h im by that act. It is hoped that those dutiesmay be completed wi thin the time which it prescribes . Thedocuments

,however

,which the imperial government, by the

thii d a1 tie le o f the convention , stipulates to fu rnish to the govc rament of the Uni ted S tates , have not yet been received .

As it is presumed that those documen ts wil l be essen tial forthe correct dispositi on o f the claims, it may become necessaryfor Congre ss to extend the period limited for the duration O fthe commission . The sum stipulated by the fourth article o fthe convention to be paid to this government has beenreceived.

FIR ST ANNUAL M E SSAGE . 1 63

Th e coll ection in the ports of the Uni ted States o f discriminating duties Upo n the vessels O f Chil i and their cargoes, hasbeen suspended , pu rsuant to the provisions Of the act of Congress of th e 24 th of May, 1 8 28 . It is to be hoped that thismeasure wil l impart a fresh impulse to the commerce betweenthe two countries

,which , o f late , and especial ly since our ac

qu isition o f Calif ornia, has, to the mutual advan tage o f th epar t ies, been much augmented .

“Peruvian guano has become so desirable an article to theagricul tural interest o f the United States , that i t is the dutyo f the government to employ al l the means p rope i ly in i tspower for the purpose o f caus ing that artic l e to be importedinto the country at a reasonable price . Nothing wil l be omitted on my part toward accompl ishing this desirable end . I

am persuaded that in removing any restraints on th is traffic ,the Peruvian government wil l promote i ts own best interests

,

whi le i t wil l afford a proof of a friendly disposition toward thiscountry

,which wil l be duly appreciated .

“ The treaty between the United States and His Maj esty theKing o f the Hawaiian Islands , which has recently been madepublic

,will , i t is believed, have a beneficial effect upon the re

lations between the two countries .“ The relations between those parts of th e Island of St. D O

mingo, which were formerly colonies o f Spain and France,

respectively, are stil l in an unsettled condition. The proximityo f that island to the Uni ted States, and the del icate u estions

involved in the existing controve i sy there, render i t esirable

that i t should be permanently and speedi ly adj usted . Theinterests o f humanity and Of general commerce al so demandthis , and, as intimations o f the same sentiment hav e been received from other governments , i t is hoped that some plan maysoon be devised to effect the Object in a manner likely to gi vegeneral satisfaction . The governmen t of the United Stateswill not fail

,by the exercise Of al l proper friendly offices, to do

al l in its power to put an end to the destructive war which hasraged between the diff e rent parts of the island, and to secureto

o

them both the benefi ts of peace and commerce .“1 refer you to the report o f th e Secretary o f the Treasu iy

for a detailed statemen t of the finances .“The total receipts into the treasury, for the year ending

30th Of June last, were forty-seven millions four bund i ed and

1 64 BIOGRAPHY OF MILLARD FILLMOR E .

twenty-one thousand seven hundred and forty-eigh t dol larsand n inety cen ts , 42 1

,748

“The total expenditures during the same period were fortythree mil l ion two thousand one hundred and sixty eight dollars and ninety cents ,

“The public debt has been re duced , since the last annualreport from the treasury departmen t, foi1r hundred and ninetyfive thousand two hundred and se Jenty-six dol lars and seventyn ine cen ts

,2 76

“By the nineteenth section of th e act o f 28 th January, 1 847 ,the pi oceeds o f the sal es o f the publ ic lands were pledged forthe interest and p i incipal o f the public debt . The greatamount o f those lands subsequently gran ted by Congress formi litary bounties, wil l, it is believed, very nearly supply thepubl ic demand for several years to come

,and but l ittle 1 e liance

can, therefore , be placed on that hitherto fruitful source of

revenue .

“Aside from the permanent annual expenditures,which have

necessarily large ly increased , a portion o f the public debt,amounting to eight mill ion seventy-five thousand n ine hundredand eighty-six dol lars and fi fty-nine cents

, 0 75 , 986

must be provided for w i thin the next two fiscal years . It ismost desirable that these accruing demands should be metwithout resorting to new loans .

“A l l experience has demonstrated the wisdom and pol icy Ofraising a large portion o f revenue for the support o f government from duties on goods imported . The power to lay theseduties is unques t ionable, and its chief obj ect, Of course, is toreplenish the treasury . But if, in doing this, an incidentaladvantage may be gained by encouraging the industry o f ourown citizens, i t is ou r duty to avail ourselves of that advantage .

“A duty l aid upon an article which can no t be produced inthis country - such as tea or coffee adds to the cost of thearticle

,and is chiefly or wholly paid by the consumer. But a

duty lai d Upon an article which may be produced here, stimu lates the skill and industry o f ou r own country to producethe same arti cle

,which is brough t into . the market in compe ti

tion with the foreign article , and the importer is thus compe l ledto reduce his price to that at which the domestic article can besold thereby t hrowing a part of the du ty uupon the producerof the foreign article . The continuance o f this process creates

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BIOGRAPHY O F MILLARD FILLMORE .

honest observance and an effectual administration of the laws .The fraudulent devices to evade the law, which have been deteered by the vigilance of the appraisers, l eave no room todoubt that similar impositions not discovered , to a large amount,have been successful ly practiced since the enactment o f thelaw now in force . This state o f things has already had a prej udicial influ ence upon those engaged in foreign commerce.I t has a tendency to drive the honest trader from the businesso f importing, and to throw that importan t branch of employment into the hands o f unscrupulous and dishonest men , whoare alike regard less O f law and the ob ligations o f an oath . Bythese means the plain intentions of Congress, as exp i essed int he law,

are dai ly defeated . E very motive of policy and duty,

therefore,impel me to ask the earnes t atten tion o f Congress

to this subj ect . If Congress should deem i t unwise to attemptany important changes in the system Of levying duties at th issession

,i t wil l become indispensable to the p i o tec tion of the

revenue that such remedies, as in the j udgment O f Congress maymitigate the evils complained o f, should be at once applied .

“As before stated , specific duties would, in my Opin ion , affordthe most perfect remedy for this evi l ; but , i f you should notconcur in this view

,then , as a partial remedy, I beg leave re

spec tfu lly to recommend that, instead o f taking the invoice Oft he artic le abroad as a means o f dete rmining its value here ,the correctness o f which invoice it is i n many cases impossibleto verify, the law be so changed as to require a home valuationo r appraisal , to be regulated in such manner as to give , as faras prac ticable, uniformity in the several ports .

“The re being no mint in Cal ifornia, I am informed that thelaborers in the mines are compelled to dispo se Of their goldd ust at a large discount . This appears to me to be a heavyand unj ust tax upon the labor of those employed in extractingthis precious metal ; and I doubt not you wil l b e disposed , atthe earliest period possible , to relieve them from it by the es

tablishmen t of a mint. In the meantime,as an assayer s office

is established there , I would respectful ly submit for y our considera tion the propriety o f au thO i izing gold bull ion , which hasbeen assayed and stamped , to be received in payment o f gov"e rnment dues . I can not conceive that the treasury wouldsu ffe i any loss by such a p i ovision, which .will at once raisebul l ion to its par value, and thereby save, (if I am rightly

FIRST ANNUAL MESSAGE .

i nformed ,"many mil l ions of dol lars to the laborers which are nowpaid in brokerage to convert this precious metal in to avail abl efunds . This discount upon their hard earnings is a heavy tax,and every effor t should be made by the government to rel ievethem from so great a burden .

“More than three-fourths o f o u r population are engaged inthe cul tivation o f the soi l . The commercial . manufacturing,and navigating interests are al l, to a great exten t, dependen to n the agricultural . It is

,therefore

,the most important in

terest Of the nation , and has a j ust claim to the fostering careand protection o f the government, so far as they can be extended consistently wi th the pro visions o f the consti tution . ASth is can no t be done by the ordinary modes o f l egisl ation , Irespectful ly recommend the establishment of an Agricul turalBureau, to be charged with the duty O f giving to th is leadingbranch o f American industry the encouragemen t which i t sowel l deserves . In view o f the immense mineral resources o fou r country, provision shou l d also be made for the employmentOf a competen t mineralogist and chemist, who should be re

quired, under the direction of the head o f the bureau , to collectspecimens o f the various minerals of our country , and to asoertain

,by careful analysis

,their respective elements and prop er

ties,and their adaptation to useful purposes . He should also

b e required to examine and report upon the quali ties o f different soils

,and the manures best cal culated to improve their

productiveness . By publish ing the resul ts of such experiments,with suitable explana t ions , and by the col lection and distribution o f rare seeds and plan ts, with instructions as to the bestsystem o f cultivation

,much may be done to

‘

promote this greatnational in terest .

“ In compliance with the act o f Congress, passed on the‘

23do f May , 1 8 50 , provid ing, among other th ings , for taking theseventh census

,a superintendent was appoin ted

,and all other

measures adopted wh ich were deemed necessary to ensure theprompt and faithfu l performance o f that duty . The appro

p riation already made will , it is bel ieved , be suffi cien t to defraythe whole expense of the work ; but further legislat ion may benecessary in regard to the compensation o f some o f the marshalso f the territories . It wil l also be proper to make provision, bylaw,

at an early day ,-for the publication o f such abstracts o f

the returns as the pub lic interests may require .

1 68 BIOGRAPHY OF MILLARD FILLMORE .

The unprecedented growth O f ou r territories on the Pacificin weal th and popula t ion , and the consequen t increase o f theirsocial and commercial relations with the Atlantic States, seemto render it the duty of the government to use al l i ts constitu

Jt ional power to improve the means o f in tercourse with them .

The impor tance o f opening ‘ a line Of communication,the best

and most expeditious of which the nature of the country wil ladmi t

,

’ between the val ley o f the Mississippi and the Pacific,

was brought to your notice by my p i ed ecessm ,in h is annual

message ; and as the reasons which he presen ted in favor ofthe measure stil l exist in ful l foi ce, I beg leave to cal l youra ttention to them, and to repeat the recommendations thenmade by him .

-

“ The uncertainty which exists in regard to the validity o f

land titles in Cal ifornia is a subj ect which demands your earlyconsideration . Large bodies o f l and in that State are claimedunder grants said to have been made by authori ty o f theSpanish and Mexican governments . Many o f these have no t

been perfected , others have been revoked , and s ome are believed to be fraudulent . But until they shal l have been j udicially

.

investigated, t hey wil l continue to retard the settlemen tand improvemen t O f the country . I

,therefore

,respectfully

recommend that provision be made by law,for the appointment

Of commissioners to examine all such claims with a View totheir final adj u stment.

“ 1 also beg leave to cal l your attention to the propriety o f

extending, at an early day, o u r system o f l and laws , with su ch

modifications as may be necessary , over the S tate o f Cali forniaand the territories o f Utah and New Mexico. The minerall ands o f Cal ifornia wil l, o f cou rse , form an exception to anygeneral system which may be adopted . Vai iou s methods ofd isposing of them have been suggested . I was at fi i st inclinedto favor the system o f leasing, as i t seemed to promise thelargest revenue to the government and to afford the best sec u ri ty against monopolies : but further reflection

,and o u r

experience in leasing the lead mines and se l ling lands uponcred i t, have brought my mind to the conclusion that therewo u ld be great diffi cul ty in col lecting the ren ts

,and that the

relation o f debtor and creditor,between the ci tizens and the

government , would be attended with many mischievous consequences . I , therefore, recommend that, instead of re taining

s/

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170 BIOGRAPHY on MILLARD FILLMORE .

The navy continues , to give protection to ou r commerceand other national in terests in the different quarters of t heglobe

,and , with the exception of a singl e steamer on the north

ern lakes, the vesse ls in commission are distribu ted in six different squadrons.

“The report o f the head of that departmen t wil l exhibit theservices o f these squadrons, and of the several vessels employed in each during the past year . It is a source o f gratincation that

, while they have been constantly prepared for anyhostil e emergency

,they have everywhere met with the respect

and courtesy,due as well to the d ignity as to the peaceful

disposi tions and j us t pu rposes o f the nation .

“The two brigant ines accepted by the governmen t from agenerous citizen o f New York , and placed under the commando f an officer o f the navy, to proceed to the Arctic seas in questo f the British commander

,Sir John Frankl in

,and his compan

ions, in compliance with the act o f Congress, approved in Maylast

,had

,when last heard from

,penetrated into a high north

ern latitude ; but the success o f this noble and humane enterprise is yet uncertain .

“ I invite your atten tion to the v iew of our presen t navalestablishmen t and resources presented in the report o f theSecretary o f the Navy , and the suggestions therein made forits improvement

,toge ther with the naval policy recommended

for the security of our Pacific coast,and the protection and

extension o f ou r commerce wi th E astern Asia. Our facili tiesfor a larger participa t ion in the trade of the E ast , by means o fou r recen t se ttlements o n the shores o f the P ac1fi c

,are too

obvious to be overlooked or disregarded .

“The questions in relation to rank in the army and navy,

and relative rank between officers o f the two branches o f theservice

,presented to the E xecuti ve by certain r esolutions o f

the House o f R epresen tatives, at the last session of Congress,have been submitted to a board of offi cers in each branch o f

the service, and their report may be expected at an early day.

“ I also earnestly recommend the enactmen t of a law au tho‘

rizing officers o f the army and navy to be reti red from theservice

,when incompeten t for i ts vigorous and active duties

,

taking care to make suitable provision for those who have. fai thful ly served their coun try

,and awarding d istinctions, by retain

ing in appropriate commands those who have been particularly

FIRST ANNUAL MESSAGE . 1 71

conspicuous for gallantry and good conduc t. Whil e th e obl i

gation o f the country to maintain and honor those who, to theexcl usion o f other pursuits , have devoted themselves to itsarduous service , th is obligation should not be permitte d tointerfere with the efficiency o f the service i ts el f.

“I am gratified in being able to state, that the estimates ofexpenditure for the navy in the ensuing year are less

,by more

than one million o f dol lars , than those o f the presen t, except ‘ing the appropriation wh ich may become necessary for theconstruction o f a dock on the coas t o f the Pacific , propositionsfor which are now being considered, and on which a Spe cialreport may be expected early in your present session .

“There is an eviden t j ustness in the suggestion o f the samereport

,that appropriations for the naval service proper should

be separated f 1om those for fixed and pe rmanent obj ects, suchas bui lding docks and navy-yards

,and the fixtures attached ,

and from the extraordinary obj ects under the care o f the departmen t, which , however importan t, are no t essentially naval .

“A revision o f the code for the government o f t he navyseems to require the immed iate consideration o f Congress . I ts

system o f crimes and punishmen ts had undergon e no changefor hal f a century , unti l the l as t session, though its defectshave been often and ably pointed out , and the abolition o f aparticular spe cies o f corporal punishmen t, which then tookplace , without providing any substitute, has left the service ina state o f defectiveness which cal ls for prompt correction . I

therefore recommend that the whole subj ect be revised wi tho u t de la.y,.

and such a system establ ished for the enforcemento f discipli ne, as sha ll be at once humane and e tf ec tu al .

“ The accompanying report of the postmaster-general presents a satisfactory view o f the Operations and cond ition of thatdepartmen t.

A t the close o f th e last fiscal year, the length o f the in landmai l routes in the United States (not embracing the service inO regon and Cal ifo rnia"was one hundred and seventy-eigh tthousand six hundred and seventy- two miles ; the annual trans

portation thereon forty-six mil lion five hundred and forty-onethousand four hundred and twenty-three miles and theannual cost o f such transportation two mill ion s seven hundred and twenty-four thousand four h undred and twenty -six

dollars.

B I O GR A PE Y'

OF MILLARD FILLMORE .

The increase o f the annual transportation over that of thepreceding year

,was three millions nine h u ndred and ninety

seven thousand three hundred an d fi fty- four miles, and the

increase in cost was three hundred and forty- two thousandfou r hundred and forty dollars .

“ Th e number o f post-o ffi ces in the United S tates, on thefirst day o f July las t, was eighteen thousand four hundred andseventeen— be ing an increase o f sixteen hundred and seventydurin the pre ceding year.

“ T i e gross revenues o f the department for the fiscal yearending June 3oth, 1 8 50 , amounted to five millions five hundred and fi fty-two thousand nine hundred and seventy-onedo l lars and forty-eigh t cen ts, i ncluding the annual appropriation o f two hundre d thousand dol lars for the franked mattero f the departments, and excl uding the fore ign postages collec tedfor and payab le to the British government .

“The expenditu res for the same period were five mil l ionstwo hundred and twe lve thousand nine hundred and fif ty- threedol lars and forty-three cents— leaving a balance of revenueover expenditures o f three hundred and forty thousand ande ighteen dol lars and five cents .

“ I am happy to find that the fiscal condit l on of the department is such as to j usti fy the postmaster-general in recommending the reduction o f o u r inland le tter pos tage to three centsthe single letter when prepaid

,and five cents when not prepaid .

He also recommends that the prepaid rate shall be red uced totwo cents whenever the revenues of the department , after thered u ction , shall exceed its expenditures by more thijn five percent. for two consecutive years ; that the postage upon Californ ia and other letters sen t by o u r ocean steamers shal l be muchreduced ; and that the rates o f postage on newspapers, pamphle ts, periodicals, and other printed matter, shall be modified,and some redu ction thereon made .

“ It can not be doubted that the proposed reductions wil l,for

the present, d iminish t he revenues of the department. I t isbeheved that the deficiency

,after the surplus al ready accumu

l ated shal l be exhausted , may be almos t wholly met, eithe r byabohsh ing the exis ting pr1vileg es of sending free matter throught he mails

,or by paymg o u t of the treasury to the post-office

department a sum equivalent to the postage of which it is d e

prived by such privdeges . The last is supposed to be the

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174 BIOGRAPHY O E MILL ARD FILLMORE .

fal l within the exercise o f the power, as j ustly and as clearlyas the ocean and the Gulf O f Mexico. I t is a mistake to re

gard expenditures j udiciously made for these Obj ects as expend itu res for local purposes . The position , or site O f th e work , i snecessarily local ; bu t its uti li ty is general . A ship canal aroundthe fal ls O f S t . Mary o f l ess than a mile in length

,though local

1n l tS construction , would yet be national in its purpose and itsbenefits, as it would remove the on ly Obstruction to a navigation of more than a thousand miles

,affecting several States, as

wel l as o u r comme rcial relations with Canada . SO,too, the

breakwater at the mouth Of the D e lawa1 e is erected, not forthe exclusive benefi t o f the States bordering on the bay andriver of that name , but for that O f the whole coastwise navigation of the United S tates, and , to a considerable extent also, o fforeign commerce . If a ship be lost on the bar at the en tranceo f a southern port for wan t o f suffi cien t depth of water, i t isv ery likely to be a northern ship ; and if a steamboat be sunkin any part O f the Mississippi

,on account -O f i ts channel not

having been properly cleared o f Obstructions, i t may be a boatbelonging to either O f eigh t or ten S tates. I may add , as somewhat remarkable, that among all the thi rty o ne States , there 1snone that is no t , to a greater or less extent, bounded on the

o cean, or the Gulf Of Mexico, or o ne o f the great lakes, or somenavigable river.

“ In fu lfil l ing ou r constitutional duties,fel low-citizens, on this

s ubj ect,as in carrying into effect al l o ther powers conferred by

the constitution , we should consider ourselves as del iberatingand acting for one and the same country, and bear constantlyin mind , that o u r regard and ou r duty are d u e

,no t to a par

t ic u lar part only , but to the whole .“ I therefore recommend that appropriations be made for

completing such works as have been already begun, and forcommencing such others as may seem to the wisdom Of C on

‘gress to be

la

o f public and general importance .“ The diflicu lties and delays, incident to the settl ement o f

private claims by Congress, amount in many cases to a denialo f j ustice . There is reason to apprehend that many u nfortu

nate creditors Of the governmen t have thereby been u navo id

ably ruined . Cong1 ess has so much bu siness O f a publiccharacter, that i t is impossible i t should give much attentionto mere private claims, and their accumulation is now so great

FIRST ANNUAL MESSAGE . 175

that many claimants must despair o f ever being ab le to Obtaina hearing. It may wel l be doubted whe ther

o

C ongress, fromthe nature O f i ts organization , i s p 1 O perly constituted to decideu pon such cases . I t is impossible that each member shoul dexamine the merits o f every claim on which h e i s compel led tovote ; and it is preposterous to ask a j udge to decide a casewhich he has never heard . Such decisions may, and frequently must , do injustice e i ther to the claimant or the government ;and I perceive no be tter remedy for this growing evil than theestabl ishment o f some tribunal to adj udicate upon such claims.I beg leave

,therefore, most respectful ly to recommend that

provision be made by law for the appointment o f a commissiont o settle al l private claims agains t the Uni ted S tates ; and, asan ex p arte hearing must in al l con tested cases be very nasat~is factory, I also recommend the appointment o f a sol ici tor

,

w hose duty i t shal l be to represen t the government beforesuch commission

,and protect i t against al l il legal fraudulen t

o r unj ust claims,which may be presen ted for their adj udication.

Th is district, which has neither voice nor vote in your del iberations, looks to you for protection and aid, and I commendall its wants to your favorable consideration , with a ful l confid ence that you wil l meet them no t only with j ustice , but withl iberality . It should b e borne in mind tha t in this ci ty, l aidou t by Washington

,and consecrated by his name , i s located

the capitol o f o u r nation , the emblem o f o ur Union and thesymbol Of o u r greatness. Here also are situated al l the publicbuildings necessary for the use o f the government, and all

these are exempt from taxation ; I t should be the pride OfAmericans to render this place attractive to the people o f th ewhole R epublic, and convenient and safe for the transactiono f the public business and the preservation Of the publ icrecords The government should

,therefore

,bear a l iberal

proport1on o f the burdens o f al l necessary and useful improvemen ts ; and as nothing could contribu te more to the heal th ,comfort, and safety o f t he city, and the security o f the publ icb uildings and records

,than an abundant supply of pure water,

I respectfully recommend that you make such provisions forobtaining the same as in your wisdom you may deem proper.

“Theo

act passed at your last session , making certain propositions to Texas for settling the disputed bo undary between thatState and the terri tory of New Mexico, was, immediately on its

BIOGRAPHY .O F M ILLARD FILLMORE .

passage, transmitted by express to the Governor Of Texas, tobe laid by him before the General Assembly for its agreementthereto . Its receipt was duly acknowledged, but no Offi cialinformation has y et been received Of the action of the General‘

A ssembly thereon ; i t may, however, be very soon expected ,as, by the terms o f the propositions submitted , they were tohave been acted upon

, on or before the firs t day of the p resen tmonth .

“ It was hardly to have been expected that the series ofmeasures passed at your last session , with the view Of heal ingthe sectional d iff erences which had sprung from the slaveryand territoria l questions, should at once have realized the 1rbeneficent purposes. A l l mutual concession in the nature o f acompromise must necessarily be unwel come to men Of extremeOpinions. And though wi thout such concessions o u r constitu

tion could not have been formed, and can no t be permanen t lysustained

,yet we have seen them made the subj ect O f bitter

controversy in both sec tion s o f the R epubl ic . I t requiredmany months of discussion and deliberation to secure the concurrence o f a majority O f Congress in their favor. It would bestrange if they had been received with immediate approba tionby people and S tates, prej udiced and heated by the exci tingcontroversies o f their

’

representatives. I believe those measures to have been required by the circums tances and condi tiono f the country . I bel ieve they were necessary to allay asperities and animosities that were rapidly alienating one se ctiono f the country from another, and destroying those fraternalsen timen ts which are t he strongest supports o f the constitu

tion . They were adopted in the Spiri t Of conciliation , and forthe purpose of concil iation . I believe that a great majority Ofou r fe llow-citizens sympathize in that spiri t, and that purpose,and in the main approve, and are prepared, in al l respects, tosu stain these enactmen ts . I can not d oubt that the Americanpeople, bound together by kindre d blood and common trad itions

,stil l cherish a paramount regard for the Union o f their

fath ers, and that they are ready to rebuke any attempt to vio

r

l ate its integrity,to disturb the compromises on which i t is

based, or to resist the laws which have been enacted under its

authority .

“The series o f measures to which I have al luded are re

gard ed by me as a settlement, in principle and substance—a

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BIOGRAPHY OF MILLARD FILLM ORE .

atiOns requiring legislation were adopted, except tho seasylum for disabled and des titute seamen, and for the settle

ment of land claims in Cal ifornia, and the s u rvey o f the publiclands. A bil l making appropriations for the improvemen t Ofrivers and harbors passed the House, but was defeated in theSenate, by Senators

“ talk ing against on the last day

o f the session , and preventing a vote unti l the const itutionalterm Of Congress had exp ired .

CUBA AND THE F IL L IBUSTE R S . 179

CHAPTER X I .

C U BA A ND T H E F I L L I B U S T E R S .

The ab le and patriotic message which we have copied in the

preceding chapter, furnishes abundan t proof of the wisdom of

Mr. Fil lmore’s v iews on questions o f domestic policy . He

labored during the whole period o f his administration un derthe disadvantage o f an adverse political majority in Congress ;but the fact that al l his recommendations were not immediate ~

ly adopted , did not impair his confidence in their propriety, and

he repeated such as remained unacted on, i n subsequent annual

messages.

Important as . i t is that the chief magistrate o f the nationshould entertain sound and enl ightened Opinions on domest ic

questions,i t can hardly be disputed that his foreign pol icy is

fraught with stil l weightier consequences . In a country likeours

,whose commerce is second to that o f none on the globe,

whose sai ls whiten every sea, and whose flag is s een in everyport, the most importan t Of all ou r in terests is the preservation

of peace and friendly relations with the other powers Of theworld . Our foreign relations are more especial ly committedto the management o f the national executive, than any other

branch of the diversified interests which require the protection

of the governmen t. The influence o f the Presiden t on the

domestic policy of the country is comparatively limited . So

far as he is an executive officer, he has no choice but to enforce

the laws as they actually exis t,whatever may be his Opinion

o f their wisdom . In the enaction O f laws, he has merely the

1 80 BIOGRAPHY OF MILLARD FILLMORE .

power of making recommendations which Congress adopts or

rej ects at its pleasure . The veto power gives him a check on

hasty or unconstitutional legislation ; but the occasions are rare

on which the Presiden t would j udge i t n ecessary to thwart the

wil l of Congress,and even then , th ings are merely l eft as they

were . But while he is thus powerless to impress any change

on the domestic pol icy o f the country , al l changes in its foreign

policy are entirely in his hands. The Sena te may revise hisaction and refuse to ratify treaties negotiated by his authori ty,but they have no power to ini tiate anything, nor any otherchoice th an ei ther to sanction the foreign policy Of the execu

tive or leave matters in their former condi tion . The Presiden t

negotiates treaties which , when ratified , become the supreme

law Of the land ; he receives and dismisses foreign ambassa

dors ; he recognizes or refuses to recognize governments that

have been newly established ; he orders ou r naval forces to

whatever part o f the world, and charges them with whatev erduties he pleases ; and by the exercise of these powers he c anpromote or imperi l the prosperity o f the country to an ext ent

which is imposs ible by his participation in measures of domes

tic legislation . When the people are del iberating on the choice

Of a chief magistrate, they should never overlook the important

fact, that whi le the domestic policy Of the country is moreespecial ly under the control o f Congress, its foreign po licy is

in the hands of the President,and demands that he should be

a wise, firm , experienced , and patriotic statesman . The party

which have nominated Mr . Fil lmore appeal with confidence tothe history Of his administration for sure guaranties that the

honor and interests of the country would be safe in his hands,

so far as they can be aff ected by the management Of ou r fore1gu relations.

Soon after th e close Of the session of Congress to which Mr .F i l lmore ’s first message was addressed, the public prints werefil led w ith rumors Of a new expedition against Cuba, which

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182 BIOGRAPHY OF MILLARD FILLMORE .

therefore, I exhort all good citizens, as they regard ou r nationalreputation , as they respect thei r own laws and the laws Of nations, as they val ue the blessings O f peace and the welfare O ft heir country , to discoun tenance, and by all lawfu l means preven t, any such enterprise ; and I cal l upon every Officer o f thisgovernment, civi l or military, to use al l efforts in his power toarrest for trial and punishment every such Offender against thel aws Of the country .

Given under my hand the twenty-fifth day o f April,in the

year o f ou r Lord one thousand eight hundred and fi fty-one,and

the seventy-fi f th of the independence o f the United S tates .MILLARD FILLMORE .

“ By the Presiden t“W. S . DERRICK, Acting Secretary Of State .”

If this proclamation warning them of the consequences Oftheir rash and unlawful

,

enterprise, rendered the fillibu stersmore guarded and cautious, i t did no t lead them to relinquish

their designs. As several months elapsed before their preparations were matured, we will relate some intervening occur

rences,before comp leting the history of Mr . F illmore’s policy

i n relation to Cuba.

The New York and E rie R ail road , the most costly work o f

the kind in the Uni ted States, had j us t been finished , and the

Presiden t and his cabinet had b een invited to assist. i n cele

brating its completion . The interest which Mr . Fil lmore had

always fel t in works o f in ternal improvemen t led him to acceptthe invi tation

,and on the morn ing o f the 1 2 th o f May, 1 85 1,

h e left Washington accompanied by Mr. Webster, Mr. Critton

den, M r. Graham,

and Mr. Hal l . Several months had elapsed

since the passage o f the compromise measures, and notwith

standing the clamorous Opposition of anti-Slavery fanatics to the

execution O f the fugitive slave law,the public mind was settl ing

into acquiescence . But i t was not an ticipated that the people

o f the northern States were so soon ready to testify , by the

most impressive demonstrations, the ir warm approbation Of that

TOUR TO THE NORTH . 1 83

se ttlement regarded as a whole, and their lively admiration O f

the patriotism which had be en wil l ing to incur reproach in the

cause o f the Union . A l l the way from Washington to L ake

E ric the presidenti al tour was a triumphal progress . Nothing

was ever more spontaneous, cordial and enthusiastic than the

greetings wi th which the Presiden t and his party were wel

comed . At Bal timore, at Philadelphia, at New York, at Buffalo, at R ochester, at al l the intermediate towns, at everyrai lroad station , multitudes thronged to see the Presiden t and

pay him their respects . Processions were formed, flags with

compl imentary devices and mottoes were displayed,banquets

were Spread, Speeches were made, and all the cities throughwhich he passed vied with each other in the warmth

,the

heartiness, and the exten t Of their demonstrations . Never

s ince the presiden tial tour of Mr. Monroe, in 18 17 , had a Pres

ident been received through the country with such hospitabl e

and enthusiastic cordiality . Party Spiri t seemed to have been

forgotten , and every man was anxious to testify his admirationOf the eminent services o f an honest and faithful publ ic servant .From this succession O f Splendid ovations, Mr. Fillmore returned

to Washington, on the 24 th of May, after an absence Of twelve

days . It must have been gratifying to him,after the obloquy

he had braved in the discharge Of his du tv , to fin d that the

praise Of patriotic intentions and statesmanl ike conduct wasfreely awarded him in that section Of the country where it was

supposed his course would h ave proved least acceptable .E verywhere during his tour, the voice of factions Opposition

had been hushed, and there had been no discord to mar the

general harmony.

A few weeks after his return to Washington, the cares of

office were rel ieved by an interes ting event, in which he par

ticipated . Congress,during the preceding session , had made

an appropriation for the extension of the Capitol according to

such plan as might be O fl’

ered by the President . By the p lan

184 BIOGRAPHY O E MILLARD FILLMORE .

which he adopted two wings were to be added to the previousedifice

,connected with i t by corridors. E xcavations for . the

foundation were immediately commenced,and agreeably to the

wishes o f the Presiden t, the work was in sufficien t forwardness

to al low the corner stone to be laid on the fourth o f July.

This was done by the President ’s own hand , with imposing

ceremonies,and amid a great concourse Of people, who were

eloquently addressed by Mr . Webster, the Secretary o f State .

The President was assisted in laying the corner stone by theGrand Master Of the Masonic Grand Lodge, who wore the

same regalia and used the identical gave l which Washington

had used fifty-eigh t years before in laying the corner stone

Of the original edifice.

During an interval o f apparent quiet since the publicatio n

o f the President’s proclamation , the fi llibu sters had not been

id le . The memorable and disastrous,

expedition o f Lopez was

fitted ou t, and sai led from the port o f New Orleans by theconnivance o f the col lector . The history of that unfortunateaff air was so cl early and succinctly g iven in the Presiden t

’s

next annual message to Congress,that we transcrib e that por

tion of the message which re lates to i t

Very early In the morning o f the third Of Augus t, asteamer cal led t he Pampero departed from New Orleans forCuba, having on board upwards Of four hundred armed men ,w i th eviden t intentions to make war upon the authorities ofthe island . This expedit ion was set on foot in palpable violation o f th e laws o f the United States . I ts leader was a Spaniard , and several o f the chief Offi cers, and some others engagedi n it, were foreigners . The persons composing i t, however, weremostly citizens Of the United States .

“Before the expedition se t ou t, and probably before it wasorganized , a slight insurrectionary movemen t, which appears tohave been soon suppressed

,had taken place in the eastern

quarter Of Cuba. The importance o f this movement was nu

fortunately so much exaggerated in the accounts of it‘

published

in this country, that these adventurers seem to have been led

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BIOGRAPHY O F MILLARD FILLMORE .

o f September . Many o f his remain ing fol lowers were ki l led,

o r died Of hunge r and fatigue, and the rest were made prisoners. Of these none appear to have been tried or executed .

Several Of them were pardoned upon app lication o f theirfriends and others, and the rest, about one hundred and sixtyin number

,were sen t to Spain . O f the final disposi tion made

Of these we have no Offic ial information .

“ Such is the melancholy resul t O f this il legal and i l l-fatedexpedi tion . Thus, thoughtless young men have been ind u ced ,by false and fraudulent represen tations, to violate the law o f

their country,through rash and u nfounded expectat ions o f

assisting to accomp lish poli tical revolu tions in o the r States,and

have lost their llVL S in the undertaking. TO O se vere a j udgmen t can hardly be passed , by the indignant sense O f the community

,upon those who, being be tter informed themselves,

h ave yet led away the ardor Of youth, and an i ll-d i rectedlove of pol itical l1be 1 ty . The correspondence between th isgovernmen t and that o f Spain re lating to this transaction isherewith communicated .

“A l though these Offenders against the l aws have forfeited theprotection O f their country , yet the governmen t may, so far asis consistent with its Obligations to o ther countries, and its fixedpurpose to maintain and enforce the laws, en tertain sym

pa thy for their unoffending families and friends, as wel l as afeel ing of compassion fo r themselves . According ly no propereffort has been Spared, and none wi ll be Spared , to procuret he rel ease o f such c itizens o f the United States, engaged inth is unlawful enterprise, as are now in confinement In Spain ;but i t is to be hoped that such interposition with the government o f that country may not be considered as affording anyground o f expecta tion tha t the governmen t o f the Uni tedS tates wi l l , hereafter, feel i tse l f under any oblig ation o f dutyto intercede for the liberation or pardon o f such persons asare flagrant Off enders against the law o f nations a nd the lawso f th e

"United S tates .

:

These laws must be executed . If wedesire to maintain o u r respe c tabdity among the nations of theearth

,i t behooves us to enforce steadily the neutral ity acts

passed by Congress,and to fol low

,as far as may be

,the vio

lation of those acts with condign punishment .“But what gives a peculiar criminal i ty to th is invasion o f

Cuba is,that under the lead of Spanish subj ec ts

,and with the

THE LOPE"EXPEDITION . 1 87

aid o f citizens o f the United S tates, i t had i ts origin, withmany, in motives o f cupidity . Money was advanc ed by i ndiv iduals

,probably in considerable amounts, to purchase Cuban

bonds , as they have been cal led , issued by Lopez , sold , doub tless, at a very large d iscount, and for the payment o f whichthe public lands and public proper ty o f C uba, of whateverkind, and the fiscal resources o f the people and governmen to f that island

,from whatever source to be de lived

, werepledged, as well as the good faith o f the government expectedt o be establ ished . A l l these means o f payment

,it is evident,

were only to be obtained by a process o f bloodshed , war, andrevolution . None will deny that those who set on foot mil i taryexpeditions against foreign states by m eans l ike these

,are far

mo i e culpab le than the ignoran t and the necessi tous whomthey induce to go forth as the ostensibl e parties in the proceeding . These originators o f the invasion of Cuba seem to haved etermined , w ith coolness and system , upon an undertakingwhich should disgrace their country , violate i ts laws, and putto haz ard the l ives o f il l - informed and deluded men . Y o u wil lconsider whethe r fu rther legislat ion be necessary to preven tthe perpetration o f such offenses in fu ture .

“No individuals have a right to hazard the peace o f thecountry, or to violate its laws, upon vague notions of al teringor reforming governmen ts in other states . This principle isnot only reasonable in itsel f

,and in accordance with public

law, but is engrafted into the codes o f other nations as -wel las ou r own . But while such are the sentiments of this government, i t may be added t hat every independent nation mus tbe presumed to be able to defend its possessions against unau ~

thorized in dividuals banded together to attack th em . Thegovernment of the United S tates, at al l times since its establishment , has abstained , and has sought to rest rain the citizenso f the country from entering into controversies between other

powers, and to observe all the duties o f neutrality . At ' anearly period o f the governmen t, in the adminis tration o f Washing ton, several laws were passed for this purpose . The mainprovisions o f these laws were reenacted by the act of April,1 8 1 8 , by which , amongst other things , i t was declared that,if any person shal l

,wi thin the terri tory or j urisdiction of the

United States,begin

, or s et on foot, or provide or prepare themeans for any mil i tary expedition or en terprme, to be carried

1 88 BIOGRAPHY OF MILLARD FILLMORE .

on from thence against the territory or dominion of any foreign

pr1nce or stat e, or of any colony, d istrict or people, with whomt he United States are at peace

,every

‘ person so offendingshal l be de emed guil ty of a high misdemeanor , and shall befined

,not exceeding three thousand dollars, and imprisoned

no t more than three years ; and this law has been executedand enforced

,to the ful l exten t o f the power o f the gove l n

men t, from that day to this .“ In proclaiming and adhering to the doctrine of neutrality

and non- interven tion, the United S tates have not fol lowed thelead of other civil ized nations ; they have taken the lead themselve s, and have been fol lowed by others. This was admittedby one o f the most eminent o f modern British statesmen ,who said in Parl iament, while a minister o f the crown , that,‘ i f he wished for a system o f neutrality, he should take thatl aid down by America in the days of Washington and thesecretaryship o f Jeffers on ; and we see, in fact ,

0

that the acto f Congress of 1 8 1 8 was fol lowed , the succeeding year, byan act of the Parliament o f E ngland , substantial ly the samein its general provisions . Up to that time there had been nosimilar l aw in England , excep t certain highly penal s tatutespassed in the reign o f George II, prohibiting E nglish subj ectsfrom enlisting i n foreign service, the avowed obj ect o f whichstatute s was

,that foreign armies, raised for the purpose o f

restoring the house o f Stuart to the throne, should not bestrengthened by recru i ts from England herself.

“Al l mus t see that d ifficu l ties may arise in carrying thelaws referred to into execution in a country now having threeor four thousand miles o f sea-coast

,with an infinite number

of ports and harbo rs, and small in lets, from some of whichunlawfu l expedi tions may suddenly set forth , without theknowledge of government, against the possess ions of foreignstates .

“ Friendly relations with al l , but entangling al liances withnone, has l ong been a maxim with us. Our true mission isnot to propagate ou r opinions, or impose upon other countri esou r form o f government, by artifice or force : but to teach byexample , and show by ou r success

,mode ration and j ustice,

the b lessings o f self-government, and the advantages of freeinstitutions. Let every people choose for itselfi

‘

and make andalter its political institutions to suit its own condi tion and con

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190 BIOGRAPHY or MILLARD FILLMORE .

agency o f the bal lot box . In either case they are meddlingwith matters they do not understand , and exercise a kind ofinterference which a patriotic Spiri t can not brook .

A lthough it wil l involve a departure from Strict chronological order

,we will complete t he history o f Mr. Fillmore’s

policy respecting C uba before con'

cluding this chapter.

The unfortunate termination o f the Lopez expedition did no t

quel l th e fillibu stering Spiri t in the United States, nor qu iet th e

suspicions of the authorities o f C uba. In the autumn o f 1 85 2,the steamer Crescent C ity , which plied regularly between

New York and New Orleans, touching at Havana , and carrying the United States mail , had a purser by the name o f

Smith,who was suspected of being an agent o f mischief be

tween the revo lu tronists in the island and their abettors i n New‘

York . He was charged by the Cuban authori ties with bear

ing messages back and forth,and communicating inflammatory

articles to the New York newspapers for the purpose o f fo

men ting the discon ten t which threatened the loss o f the island

by Spain . This individual having thus become Obnoxious, the

Captain-general o f Cuba obj ected to his land ing . This he had

an undoubted right to do ; for no pr1ncrple is be tter establ ished

than that the government o f every nation has a right to excl ude

from its terri tories all persons whom it may consider dangerousto its peace . The owner of the Crescent C ity

,however

,de

clined to remove purs'

er Smith from his steamer— insisted

that i t should land at Havana with him on board,and threat

ened to seek redress by. force if the vessel should not be per

mitted to land . This would amount to a declaration o f war bya private individual . A l though the President did not approvethe conduct of the Captain-general of Cuba

,and made i t the

subj ect Of diplomatic representations to the Court of Spain, hed id not recognize the right o f a private citizen to take theredress of his supposed grievances into his own_hands, and he

addressed a letter to the collector o f New York, stating that

CAPTAIN-GENERAL OF CUBA . 1 9 1

if the owner o f the C rescen t Ci ty shou l d repeat h is attemp tsto en ter the port

.

O f Havana, and by violating the laws o f a

foreign nation with in i ts own j urisdiction , Should forfei t hi svessel, he could expect no indemnity for such an act o f fol lyfrom the United States government . AS we regulate the cond itions on which al l foreign vessels may en ter ou r ports, andfix the penal t ies for the violation of ou r laws, and never al lowthe righ t to do so to be questioned by foreigners

,so we are

no t permitted to question their right to make and enforce theirown regulations . The Presiden t, therefore, decided that the

owner o f the Crescen t City must wait the resul t of the negotiations between the two governmen ts . It was not a question

to be se t tled between him and Cuba,nor even between the

United States and Cuba, but between the United States and

Spain , which is responsibl e for the conduct o f the governor o f

Cuba. The course of the Presiden t on this occasion waswarmly approved by the public press.

The forays against C uba by armed fillibu sters from this

coun try , attracted the attention o f European governmen ts, and

the supposed danger that the island would be wrested from

Spain and fal l into the possession of the United S tates, alarmed

that j ealousy of o u r growth which is habitual with those gov

ernments. In the early part of the year 1 8 52 , a proposal was

made to the Secretary o f State, by the French and English

m inisters, to en ter into a tripartite t reaty by which the three

powers should bind themselves for al l coming time nei ther tomake any ‘

attempt to acquire Cuba for themselves, nor to

countenance any su ch attempts by others . A l though this proposal evinced a d isposition on the part of foreign governmen ts

to impertinen t in terference i n o u r aff airs, the communication

o f the French minister was treated respectfully . Mr. Webster

addressed him a note stating that the President would take

the propo sal o f the French and Engl ish governments into con

sideration and make the questions it invol ved the ‘ subject of '

1 92 BIOGRAPHY OF MILLARD FIL LMORE .

mature reflection . A l though the Presiden t had, with the most

unflinching determination,exerted his oflicial authority for re

pressing the attempts o f the fillibu sters, which were made theoccasion o f this proposal , and was opposed , for reasons o f do

mestic policy, to the immediate acquisition o f Cuba, even if i t

could be gained by purchase and without an interruption o f

friendly relations with Spain, he was nevertheless decidedlyopposed to en tering into any such arrangemen t as that proposed by France and England . He adhered to the wise pol icy

o f Washington and Jefferson , which was opposed to entangling

al liances wi th foreign powers . He was no t willing to place the

government o f this country in su ch a condition that i t would

b e responsible to othe rs for the proper discharge o f i ts duty .

SO far as related to the acquisition of Cuba by other powers ,he knew that this country had both the wi ll and the abil i ty toprevent it, without foreign assistance . As to its acquisition by

ourselves, al though we did not want i t at present , he regarded

it as a geographical and pol itical necessi ty that it would , atsome future time

,fall in to o u r hands ; and he would not al l ow

a treaty with foreign nations to fetter the march o f. ou r destiny .

The final reply o f ou r government to this prO posal for a tri

partite treaty was not made until after the death o f M r. Web

ster. In the fal l o f 1 8 52 , Mr. E verett had accepted the office

o f Secretary o f State, and on the first o f December,in that

year,he addressed to the Count de Sartiges, by the direction

o f the President, a letter which ranks among the ab lest statepapers ever issued by the American governmen tMr . E vere tt stated that the most serious atten tion had been

given to this proposal by the President, who at the same time

th at he did not covet the acquisition o f Cuba for the United

States, considered the condition o f the island as an Americanand not a European question , and obj ected to the proposed

t reaty because it assumed that the United States have no

other or greater interest in it than France and England . I f

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1 94; BIOGRAPHY OF MILLARD FILLMORE .

tributaries, forms the largest system o f internal water commu nication in the world ; i t keeps watch at the doorway o f o u rin tercourse with Cal i fornia by the Isthmus route . If an islandl ike Cuba

,belonging to the Spanish crown , guarded the eu

trance to the Thames o r the Seine , and the Uni ted Statesshould propose a convention l ike this to E ngland and France

,

those powers would assuredly fee l that the disabili ty assumedby ourse lves was far less serious than that which we askedthem to assume .

“The Opinion o f American statesmen at differen t times,and

under varying circumstances, have differed as to the desirableness of the acquisition of C uba by the United States . Territorially and commercial ly , i t would in o u r hands be anextremely valuable possession . Under certain contingencies

,

i t might be almost essential to o u r safety ; stil l , for domesticreasons on which

,in a communication of thi s kind , i t might not

be proper to dwell , the President thinks that the incorporationo f the island into the Union at the presen t time, al though e f

fected with the consen t o f Spain,would be a hazardous meas

ure, and he would consider its acquisition by force, except ina j ust war wi th Spain

,should an event so greatly to be depre

cated take place , as a disgrace to the civilization o f the age .The President has given ample proof of th e sinceri ty withwhich he holds these views . He has thrown the whole forceo f his constitutional power against al l i l legal attacks upon theisland . It would have been perfectly easy for him , withoutany seeming neg lect of duty, to allow proj ects o f a formidablecharacter to gather strength by connivance . NO amount o fobloquy at home , no embarrassments caused by the indiscretions Of the colonial government of C uba, have moved him fromthe path of duty . In this respect the Captain-general o f thatisland, an O flicer apparently Of upright and conciliatory character, but probably more used to mili tary command than themanagement o f civi l affairs, has, on a punctilio, in reference tothe purser of a private steamship

,who seems to have been en

t irely innocent o f the matters laid to h is charge , refused toal low passengers and the mails of the United States to belanded from a vessel having him on board . This certainly isa very extraordinary mode o f animadverting upon a supposedabuse o f the l iberty o f the press by the subj ect o f a fore igngovernment in his native country . The Captain-general is not

MR . E vE RE TT’s LETTER . 195

permitted by his government, three thousand m iles O fl'

,to hold

any diplomatic intercourse with the United States . He issubj ect in no degree to the direction o f the Spanish Minister atWashington ; and the President has to choose between a resortto force to compel the abandonment o f th is gratuitous interruption o f commercial intercourse, which would resul t in a warand a delay of weeks and months

,necessary for a negotiat ion

w i th Madrid , with al l the chances o f the most deplorable oc

currence-S in the interval , and all for a trifle , that ought to haveadmitted o f a settlement by an exchange Of notes betweenWashington and Havana. The President has

,however

, pa

tien tly submitted to these evils, and has continued faithfu l ly togive to Cuba the advan tage o f those principles o f the publiclaw under the Shadow o f which She has departed in this casefrom the comity o f nations . But the incidents to which I all ude

,and which are stil l i n train , are among many others which

point decisive ly to the expediency Of some change in the relations of C uba, and the Presiden t thinks that the influence o f

England and France with Spain , would be wel l employed ininducing her SO to modify the administration o f the governmen to f Cuba as to afford the means o f some prompt remedy forevils o f the kind all uded to, which have done much to increasethe spirit o f unlawful enterprise against the island . That aconvention

,such as is proposed , wou ld be a transitory arrange

ment, sure to be swep t away by the irresistible tide o f affairsin a new country, is to the apprehension Of the Presiden t tooobvious to require a labored argument . The proj ect rests onprincip les , applicable, i f at all, to E urope, where internationalrelations are in their basis Of great antiquity , slowly modifiedfor the most part in the progress o f time and events , and notapplicable to America , which , but lately a waste , is fi l l ing u pwith intense rapidity and adj usting on natural principles thoseterritorial re lations which on the first d iscovery o f the continen twere in a good degree fortuitous . The comparative history o fE u rope and America

,even for a single century, shows this .

“ In 1 7 52, E ngland , France, and Spain, were not material lydiff erent in the i r po l itical position in E urope from what theynow are . They were ancient

,mature, consolidated States, es

tablished in their re lations wi th each other and t he res t of . theworld— the leading powers o f Western and Southern Europe .Total ly different was the state O f things in America. The

196 BIOGRAPHY OF MILLAR D FILLMORE .

United States had no existence as a people—a l ine of E ngl ishcolonies not numbering much over a mill ion o f inhabi tan ts,stretched along the coast . France extended from the Bay o f

St. Lawrence to the Gu l f o f M exico ,\and from the A lleghanies

to the Mississippi , beyond which westward the continen t wasa wilderness , occupied by wandering savages, and subj ec t to aconflicting and nominal claim on the part of France and Spain .

E verything in E u rope was comparatively fixed— everythingin America provisional

,incipient, and temporary, except the

law o f progress,which is as organic and vital in the youth o f

States , as o f individual men . A struggle between the provincial authorities o f E ngland and France, for the possession o f apetty stockade at the confluence of the M onongahela and theA l leghany

,kind led the seven years war, at the

:3

close of which ,the great E uropean powers

,not material ly aff ected in their

relations at home,had undergone astonishing changes on this

continent. France had disappeared from the map of America,

whose inmost recesses had been penetrated by her zealousmissionaries

,and her resolute and gal lant adventu re rs. Eng

land had added the Canadas to her transatlant ic dominions .Spain had become the mistress o f Louisiana , so that, in thelanguage o f the Archbishop o f Mexico, in 1 770 , she claimedSibe ria

o

as the northern boundary of Ncw Spain .

“Twelve years only,from the treaty of Paris, elapsed, and

another great change took place,fruitful of stil l greater changes

to come. The American revolution broke ou t . It invol vedE ngland, France , and Spain , in a tremendous struggle , and ati ts c lose the United States o f America had taken their placein the family o f nations . In E urope, the ancient States wererestored substan tial ly to their former equil ibrium, but a new

e lement, o f incalculable importance in reference to terri torialarrangements , is henceforth to be recognized in America.

Just twenty years from the close o f the war of th e Americanrevolu tion , France, by a treaty with Spain , o f which the prov isions have never been disclosed , possessed herse lf of L ou isiana, but did so only to cede it to the United States , and in thesame year Lewis and C lark started on their expedition to plantthe flag o f the United States on the shores o f the Pacific . In1 8 1 9 Florida was sold by Spain to the United S tates, whoseterritorial possessions , in this way, had been increased threefold ih half a century This last acquisition was so much a

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198 BIOGRAPHY OF MILLARD FILLMORE .

is no fit subj ect for comment in a communication to a foreignminister ; as a question o f publ ic law, there n ever was an ext ension o f territory more natural ly or j ustifiab ly made ; i t prod u ced a disturbed relation with the government Of Mexico ;war enS" ed , and in i ts resul ts other extensive territories were,for a large pecuniary compensation on the part o f the Unite dStates, added to the Union .

“Withou t adverting to the divisions o f Opinion which arosein reference to this war— as mus t always happen in free countries in refe rence to great measures— no person surveyingthese events with the eye of comprehensive statesmanship , canfail to trace in the main resul t the undoubted Operation of thelaw o f ou r political existence . The consequences are beforethe world ; vast provinces, which had languished for three centaries under the leaden sway of a stationary system , are comingunder the influ ences o f an ac t ive civilization , freedom o f Speechand the press— the trial by j ury

,religious equal i ty , and rep

resen tative government,have been carried by the constitution

o f the United States into extensive regions in which they wereunknown before . By the settlement o f Cali fornia the greatcircuit o f inte lligen ce round the g lobe is completed . The discovery of the gold of that reg ion , leading as i t did to the samediscovery in Australi a, has tou ched the nerves o f industrythroughout the world .

”

This fine picture o f the terri torial development o f the UnitedStates, must gratify the pride o f every patriotic heart . WhenMr. E verett ’s le tter was publ ished in the newspapers , i t was

greeted with a universal expression of satisfaction . The whol e

country approved of the course o f the Presiden t in repel l ingthe impertinent attempts Of foreign governments to impose

diplomatic fetters on our future growth . The careful readero f the foregoing extract wi l l have discovered in it a ful l recog

nition o f one of the leading principles of the American party.

In Speaking of the melancholy fate o f the republics o f SouthAmerica, Mr. E verett attributes the incapacity which theirp eople had shown for self-government to “ the effect o f a mix

ture of races or the wan t o f training in liberal insti tutions. ”

AMERICAN PRINCIPLES . 199

Knowing that l ike causes produce l ike eff ects, the Americanparty are disposed to take warning from the anarchy and mis

rule which have prevailed in o u r Sister republ ics o f SouthAmerica .The President, l ikewise, in his next annual message , which

was presen ted to Congress a few days afterward , recognize s

th e principles o f the American party , in stating the reasons ;

wiry he did not consider th e immediate acquisi tion o f Cuba

desirable. He said : “Were this island comparati ve ly desti tuteo f inhabitants

, or: occup ied by a kindred race, I should regard

it, if voluntarily ceded by Spain , as a most desi rable acquisi tion .

But under existing circumstances I should look u pon its incor

poration into ou r Union as a most hazardous measure . I t

w o u ld bring in to t/i c conf ederacy a. p op u la tio n of a difieren t

national stock, sp eaking a dif eren t lang uage, and n ot likely to

harmonize with the o ther members. It would probably affectin a prej udicial manne r the industrial in terests of the South

,

and i t might revive those confl icts o f Opinion between the dif

ferea t section s o f the country, which lately shook the Union to

i ts center,and which have been so happily compromised .

”

This extract shows how deeply Mr. Fillmore was even th en

impressed with the idea that the safety o f ou r institutions

depends on ou r being a homogeneous peop le .

200 BIOGRA PHY OF MILLARD FILLMORE .

CHAPTER XI I .

E X PLORING EXPEDITIONS TO FORE IGN C OUNTRIES .

The disbanding o f th e Mexican army had ° tlrrown upon the

community a large number o f idle but enterprising vagabonds,

who were ready to engage in any plausib le expedition that

promised excitement, notoriety , and plunder . The d iscoveryo f the gold mines of Cal iforn ia had unsettled the public m ind,and instead o f seeking a gradual accumulation o f weal th by

the regular course o f patient industry, the restless spirit of

the country was growing wild in the pursuit O f foreignenterprises .

While , therefore , strong measures were necessary to pre

v en t marauding expeditions against ou r peaceful neighbors,i t

seemed desirab le to turn this Spirit o f en terprise to some goo d

account, by fitting o u t exploring expedi tions to . foreign count ries, which should add to our geographical knowledge, extend

ou r commerce, O fler a fiel d Of enterprise to some of the mos t

worthy Of those who sought i t, and presen t subjec ts of legiti

mate interest to occupy the public mind. With this v iewgreat efforts were made by the Presiden t to secure to ou r

citiz ens the Tehuantepec route to the Pacific through Mexico,and the Nicarau gu a route through Central America .

Japan also attracted atten tion . Some o f ou r sai lors, who

had been shipwrecked and cast u pon her shores, were lubos

pitably treated ; and the Presiden t determined to attempt a

negotiation with that country for their protection , and for such

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202 BIOGRAPHY OF MILLARD P I L L M O R E .

Sign a treaty o f amity and commerce between the UnitedStates and the Empire of Japan .

”

Commodore A u lick became involved in diffi cul ty i n cou se

qu ence of alleged misconduct to the Brazi l ian minister, who

was a passenger on board his vessel to R io Janeiro . This

difficul ty resul ted in his recal l ; and i t was afterward con

cluded to give a more imposing aspect to the mission by send

ing ou t an independent fleet, under the command o f Commodore Perry , who was clothed with full powers o f negotiation .

The diflicu lty of obtaining sailors, and delay in finishing somev essels in tended for the squadron

,detained it in port til l the

fal l of 1 8 52 , when i t sail ed from Norfolk with fewer vesselsthan had been intended . The success o f the exped i tion

,how

ever, was complete, and its history is to be found in the Stateand Navy Departments at Washing ton .

As soon as Rosas was driven from Buenos Ayres, and aprospect began to dawn of opening to the commerce of othernations the immense country bordering on the La Plata and

i ts conflu ents, ou r ministers at R io and Buenos Ayres weredirected to go to the seat of power wherever i t Should befound , whether in a confederation o r in separate states

, and

negotiate treaties o f amity and commerce. Treaties hadalready been made during this administration , with Peru , Costa

R ica, Uragu ay, and Brazi l ; and the ministers j ust al l uded to

secured others . In furtherance o f the same Object t he Presi

dent sent one Of ou r naval Off icers, with a smal l steamer, to

s u rvey the La Plata and its branches.

Inferring from the gold wash ings o f the rivers o f Africa,

that when the interior mountains in which they take their riseare discovered and examined

,they may prove to be another

Cal ifornia ; and bel iev ing that, i f the conj ecture were con

firmed,the existence o f gold mines would act as a power

f u l motive in inducing the free blacks o f this country to

SOUTH AMERICAN EXPLORING EXPEDITIONS . 203

emigrate to that part o f the world , L ieutenant Lynch was sen tthi ther on an exploring expedition , the resul t o f which hasnot yet been published . Like the reports o f the Japan eXpe

di tion , it sl eeps in the archives o f the Navy Departmen t atWashington .

By the act o f August 3 1 st, 1 8 52, Congress provided foran exploring expedition to the Chinese seas

,which was dis

patched by the President under Captain R inggold, who wassen t home insane before th e completion of the survey .

An expedition was also sen t to explore th e val ley o f th e

Amazon , which accompl ished its obj ect. The reports o f theoffi cers in command , which are printed among the Senate

documen ts , are well worthy a perusal .E ff orts were also made to Open th e guano trade

,which is a

monopoly ; and an unfortunate letter was wri tten by the Secretary Of State to M r. Jewett ; and , without the know ledge o f

the President, an order was sent to Commodore M cA u ley to

protec t our vesse l s in taking gu ano from the Lobos Islands.

As soon as the P resident d iscovered it, the order was counter

manded , and an arrangemen t was made with the Peruvian

government to freigh t the vessels which had been sen t ou t at

a stipulated price .The various expeditions to which al l usion has been made in

this chapter Show that the administration o f President Fill

more was characterized no t less by enterprise than by wiseand salutary caution , and that be ful ly sympathized with the

progressive Spiri t o f the age , whenever its indulgence was consistent with ou r obligations to others . This happy union o f

enterprise without rashness, with caution without timidity, is

as rare as it is fortunate, and entitles Mr. Fil lmore to the very

first rank as a practical statesman . Firm when a right Is in

volved ; bold whe n occasion demands ; far- Sigh ted respecting

the consequences o f measures ; quick to perceive where an

advantage is to be gained for h is country ; cool, sagacious,

204; BIOGRAPHY OF MILLARD FILLMORE .

deliberate,and inflexibly j ust, he combines more of the requisites

for a great and ab l e chief magistrate than any other man ‘ i nthe country. O thers may possess Singl e qual ifications ingreater perfection , and therefore be regarded as more bril l iant ;but no one combines so many of the requisi tes for eminent

u sefulness in the discharge of high and responsible trusts.

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206 BIOGRAPHY OF MILLAR D FILLMORE .

The American party is not founded,as its enemies repre

sent,on hosti li ty to the residence o f foreigners in this country ,

but to their participation in o u r poli tics before they have be

come imbued wi th Ameri can sentiments . The Americanpartycherishes a live ly sympathy with al l efforts in favor o f free

institutions i n other countries,and cordial ly welcomes to ou r

shores the oppressed inhabi tants o f th e o ld world , who haveeither failed in such efforts , o r, from any other cause, seek

protection and repose for themsel ves,and a home for their

poste ri ty, i n this free and happy republ ic . Our righ t to watchthe progress of l iberty in other lands , to sympathize wi th i ts

struggles, and to recognize its achievemen ts, was nobly andeloquently vindicated by President Fil lmore’s administration

,

i n Mr. Webster’s celebrated l e tter to the Chevalier Hulse

mann, which was written by the direction o f the President.The fol lowing ex tracts wil l show that th e pol icy o f strict neu

trality and non- intervention , which was so firmly en forced

during Mr . Fil lmore ’ s administration,was not the frui t o f col d

indifference to the fortunes of freedom o n the eastern continent .

The undersigned w i l l first observe,says Mr. Webster,

“ that the Presiden t is persuaded,his maj esty the emperor of

Austria does not think that the government o f the UnitedStates ought to view , wi th unconcern , the extraordinary eventswhich have occurred , not only in his dominions, but in manyother parts o f Europe , sin ce February, 1 848 . The government and people o f the Un ited States, l ike other in te l ligen tgovernmen ts and communi ties, take a lively interest in themovements and events o f th is remarkable age , in whateverpart o f the world they may be exhibited . But the interes tt aken by the United States in those events, has no t proceeded from any disposition to depart from that n eutrali tytoward foreign powers, which is among the deepes t p rincip l esand the most cherished traditions o f the pol itical h istory ofthe Union . It has been the necessary efi ec t o f the u nex

amp led character o f the even ts themselves, which could notfail to arres t the atten tion o f the cotemporary world ; as they

SYM P A TII Y WITI I STRUGGLING FREEDOM . 207

wil l doubtl ess fill a memorable page in h istory . But theu ndersigned goes fur ther, and freely admits that in proportionas these extraordinary events appeared to have their origin inthose great ideas o f responsible and popular governments, onwhich the American constitu tions themsel ves are whollyfounded

,they could not but command the warm sympathy of

the people o f this country .

“The power o f this republic, at the presen t moment , rs

spread over a reg ion , one o f the riches t and most ferti le on the

g lobe, and o f an extent in comparison w ith which the possessions o f the House o f Hapsburg are bu t as a patch on theearth ’s surface . Its population, al ready twen ty-five mil l ions,will exceed that o f the Austrian empire with in the periodduring which it may be hoped that Mr. Hu lsemann may yetremain in the honorable discharg e o f his du t ies to his government . Its navigation and commerce are hardly exceeded bythe oldest and most commercial nations ; i ts maritime meansand its maritime power may be seen by Austria hersel f, in al lseas where she has ports

,as wel l as i t may be seen , also, in

all o ther quarters o f the globe . Life , l iberty , property , andall persona l rights , are amply secured to all citizens, and pr

'

ot ec ted by just and stable l aws ; and credit, publ ic and private,is as wel l established as in any governmen t o f ContinentalEurope . And the coun try

,in al l its in terests and concerns,

partakes most largely in al l the improvements and progresswhich distinguish the age . Certainly the United States maybe pardoned, even by

‘

those who profess adherence to theprinciples o f absolute governments

,i f they entertain an arden t

atlec tion for those popular forms o f pol itical organization whichhave so rapid ly advanced their own prosperi ty

b

and happiness ;which enabl ed them , rn so short a period , to bring their country, and the hemisphere to which it belongs, to the notice andrespectful regard , not to say the admiration , o f the civilizedwor ld . Nevertheless, the Un i ted States have abstained , at al ltimes, from acts o f in terfe rence with the political changes o fEurope . They can not, howeve r, fail to cherish always a111 ely in terest in the fortunes o f nations struggling for institut ions like their own . But this st mpathy, so far from beingnecessarily a hos t i le feel ing toward any o f the partit s to these

g1eat nat ional st 1 uggles, is quite consistent w i th amicable 1 1 1 1tions with them all . The Hungarian people are t ln ce 0 1 fo u r

208 BIOGRAPHY OF MILLARD FILLMORE .

times as numerous as the inhabitan ts of these United Stateswere when the American revolution broke o u t. They possess,in a d istinc t language, and in other respects, importan t elements of a separate national ity , which the Anglo-Saxon racein this country did not possess ; and if the United S tates wishsuccess to countries contending for popular constitutions and

na tional independence,i t i s only because they regard such

consti tutions and such national independence , not as imaginary,bu t as real b lessings . They claim no righ t , however, to takepart in the struggles of foreign powers in order to promotethese ends. It is on ly in defense o f his own government, andi ts principles and character, that the u ndersigned has now expressed himsel f on th is subj ect . But when the United Statesbehold the people o f foreign countries , wi thout any such interfe rence

,spontaneously moving toward the adoption o f institu

tions like their own , i t surely can no t be expected o f them toremain wholly indiff eren t spectators .”

A proof o f th e sinceri ty with which these sen timents wereentertained is furnished by the subsequen t action o f Mr. Fil l

more’s administration in relation to Kossuth . When he was

an exile and a prisoner in t he Turkish dominions, the Secre

tary o f State was d i rected to write a letter to Mr . Marsh , the

American minister at Constantinople,instructing him to apply

to the Subl ime Porte for the release o f the Hungarian refugees,and to offer them a passage to this country in national vessel s.

The most prominent o f the reasons for therr release, which

were urged in that l e t ter,was the great improbability of their

renewing any attemp ts tending to d isturb the tranquil lity of

the o ld world . They were invited and welcomed here as men

who sough t an asylum from Oppression,and without the most

distant expectation that Kossuth and h is compani ons would

traverse the country with the avowed purpos e of subvertingthe settled pol icy o f the American government .

But at this time,says the letter o f instructions,

“ al lpossible apprehension o f danger and disturbance

,to resul t from

their l iberation,has ceased .

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210 BIOGRAPHY OF MILLARD FILLMOR E .

be true . No one can have forgotten the eff ect produced on

the pub lic m ind by Kossu th’

s seductive eloquence . If, during

the two or three weeks when the excitement was at its height,the proposal to abandon the neutral policy of the governmen t

coul d have been decided by a popu l ar vote, there would

probab ly have been a large majority in favor o f Kossuth .

Happily , by the firmness o f the government,and the re turning

good sense o f the people, this dangerous mania subsided , and

grad ual ly disappeared ; and Kossuth , who was received on his

arrival with great ovations, became so unpopular before he l eft

the country, that he deemed it prudent to engage his passage

o n board the steamer under an assumed name .

His visi t to th is country was calculated to l ead th oughtful

minds to reflect on the growing danger o f foreign influence .

Had the President shown any marks of sympathy with the

popular exci tement which , for sev eral weeks , ran so high , there

is no doubt that the foreign po l icy o f th e government would

h ave undergone a comple te revol ution . Mr . Clay , who was

then living,ful ly coincided in the views of the President , and

in his in terview with Kossuth explained , with his accustomed

eloquence, the reasons why it was not expedien t for o u r gov

ernment to embark in the cause O f Hungary . Colonel Ben ton ,in addressing a meeting o f ci tizens in Missouri, paid a deserved

tribute to Mr. Fil lmore and Mr. Clay , in connection with this

subj ect. I am Opposed,” said Colonel Bento n

,

“ to in tervening, and under al l i ts forms ; and as much as any

,i n the form

o f ‘ protest,’ to be unsupported by acts i f the protest should

be disregarded . Of the eminent public men o f ou r country

who have accosted this question most to my satisfaction,Mr .

F i l lmore and Mr. C lay are the two foremos t ; they have given

it a prompt and unqual ified opposi tion in al l its forms. This, in

my Opinion , is the American posi tion .

”

When Kossuth had fai l ed in his appl ication to the American

government, and in h is appeal to the great body of'

the Ameri

FOREIGN INFLUENCE . 211

can people,he attempted to carry ou t his proj ect by operating

on the. prej udices of our foreign -born c i tizens . His efforts in

this d i rection afford a striking il lustration o f the dangers which

resul t from having a large body o f voters in our midst, whose

political sympathies are more fully given to the revolutionary

movemen ts o f the o ld world than to the institutions of thei r

adopted country . In a Speech to German ci tizens in the city

o f New York,on the 1 4 th o f June , 1 852 , Kossuth said

Y ou are strong enough to ef ect the election of that can di

da te f o r the P residen cy who g ives the mo st attention to the

E u rop ean cause. I find that quite natural , because be tweenboth parties there is no d iff erence as regards the internalpolicy, and because only by th e inani ty of the German ci tizenso f this coun try, the elec tion wil l be such that, by and by, theadministration wi l l turn their attention to other coun tries, andgive every nation free scope . No tree

,my German friends,

fall s wi th the first stroke ; it is theref o re n ecessary tha t, inas

mu ch as you are citizens, and can command you r v otes, you

sup p ort the candida te who wil l p u rs ue the ezrternal p o licy in

ou r sense, and endeavor to eff ect that al l nations become freeand independen t, such as is the case in happy America.

”

On th e 23d o f the same month,Kossuth addressed a large

assemblage o f Germans at ‘

th e Broadway Tabernacl e . After

the close of his speech a seri es o f resolutions were adopted ,o f which the following are specimens

R esolved , That, as American citizens, we wil l attach ou r

selves to the Democratic party , and will devote o u r streng th to

having a p o licy of in terven tion in A merica car ried ou t .

R esolved, That we exp ect that the candida te of the D emo

cra tic p arty wil l adop t the p rincip les of this p o licy , which hasbeen sanctioned by al l distinguished sta tesmen o f his party .

“R eso lved, Tha t we p ro test against the manner in which,

heretofor ,e the governmen t o f the United States has in terp re ted and appl ied the pol icy of neutrali ty, which is in v iola

tion if the sp irit of the consti tution of the United S tates.

212 BIOGRAPHY OF M ILLARD FILLMORE .

“R eso lved, That we ask th at every American c itizen , no t

being attached to the soil, may support the strength o f any~

other people in the sense as the j uries have in terpreted theprincip les o f the American constitution , and especial ly o f thepolicy of neutrali ty .

”

A few days afterward,Kossuth prepared a secret circular,

which commenced as fol lows

NEW YO RK,Ju ne 28th , 1852 .

“Sra z—I hO pe you have read already my German farewel lspeech

,del ivered June 23d , in th e Tabernacl e at New York ,

and also the resolutions o f the meeting , which were passedconsequently .

“ I hope,fu rther, that the impression which th is matter has

made up on both p o litical p arties has not escaped your attention .

“ Indeed,i t i s not easy to be mistaken , tha t the German

citizens o f America wil l have the casting v o te in th e comingelection , if they are united in a joint direction upon the platform o f th e principl es se t forth in the speech aforementioned .

“They may decide Upon the exterior pol icy o f the nex tadminis tration o f the United States

,and with that upon the

triumph or the fal l o f liberty in E urope .

No careful reader of these extracts can fai l to perceive that

they disclose a method by which the presidential e lection o f

this country migh t be carried,and the pol icy o f th e govern

ment controll ed by persons o f foreign birth and sympathies .The only sure preventive o f so great an evi l is to exclude from

any share in the government al l excep t citizens who are thor

oughly imbued with American sentiments .A fter the close o f Mr. Fillmore’s administration , i t was h is

intention , before returning to his home in Buffalo, to comply

with numerous invitations he had received to visit the South .

But severe domestic affl iction compell ed him to postpone this

intention , and it was not til l the Sprrng of 1 854 that he was able

to make the proposed tour. He then visi ted al l the principalsouth-western and southern cities

,and was everywhere received

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214 BIOGRAPHY OF MILLARD FILLMOR E .

l ooked with dread and apprehension at the corrupting influencewhich the con test for the foreign vote is exciting upon ou r

e lections . This seems to resul t from its be ing banded together,and subj ect to the control o f a few interested and selfishl eaders . Hence , i t has been a subj ect o f bargain and sale ,and each o f the great political parties o f the country have beenbidding to obtain i t ; and, as usual in al l such contests, theparty which is most corrupt is most successful . The conse

qu ence is, that it is fast demoralizing the whole country ; corrup ting the very fountains of po lrtical power ; and convertingthe ballo t- box that great pal ladium o f ou r l iberty— i nto anunmeaning mockery

,where the rights of native-born citizens

are voted away by those who blindly fol low their mercenaryand sel fish leaders . The evidence o f this is found not merelyin the shameless chaffering for the foreign vote at every ele ction

,but in the large d isproportion of offices which are now

held by foreigners , at home and abroad, as compared with ournative citizens. Where is the true-hearted American whosecheek does not tingle Wi th shame and mortification

,to see ou r

highest and most coveted foreign missions fi lled by men o f

foreign birth , to the exclusion o f native born ? Such appointmen ts are a humil iating confe ssion to the crowned heads OfE urope, that a republ ican soil does not produce sufficien ttalen t to orepresen t a republican nation at a monarchical court .I confess that i t seems to me

,with all due re spec t to others

,

that,as a general rule

,o u r country should be governed by

American-born citizens . Let us give to the oppressed o f everycountry an asylum and a home in o u r happy land ; give to al lthe benefits of equal laws and equal protection ; bu t le t us atthe same time cherish as the apple o f ou r eye the great prin ~

ciples o f constitutional l iberty,which few who have not had

the good for tun e to be reared in a free country know how toappreciate, and stil l less how to preserve .Washington , in that inestimable legacy which he l eft to his

coun try—his farewel l address— has wisely warned us tobeware of foreign influence as the most baneful foe o f a republ ican government. He saw i t, to be sure , in a di ff e ren t l ightfrom that i n which it now presents itself ; but he knew that i twould approach in al l forms

,and hence he cautioned us against

t he insidious wiles o f its influence . Therefore,as . wel l for o u r

own sakes, to whom this invaluable inheritance of sel f-govern

AMERICAN PRINCIPLES . 215

men t has been left by ou r, forefathers, as for th e sake o f theu nborn mil lions who are to inheri t this land— foreign andnative— let us take warning o f the father of his country

,and

do what we can to preserve ou r institutions from corruption,

and ou r country from dishonor ; but le t this be done by thepeople themselves in their sovereign capaci ty , by makincr a

prO per discrimination in the selection o f O flicers,and not by

d epriving any i ndividual , native or foreign born , of any constit u tional or legal right to which he rs now enti t led .

“ These are my sentiments in brief ; and although I havesometimes almost despaired o f my country, when I have witnessed the rapid s t rides of corruption , yet I think I perceive agleam o f hO pe i n the future, and I now fee l con fident that

,

when the g reat mass of intel ligence in this enlightened countryis once fully aroused

,and the danger manifested

,i t wil l fear

less ly apply the remedy , and bring back the governmen t tothe pure days o f Washington ’s administration . Final ly, le t usadopt the old R oman motto , Never despair o f the republ ic . ’

Let us do ou r duty , and trust in that providence which hasso signal ly watched over and preserved us , for th e result .Bu t I have said more than I in tended , and much more than Ishould have said to any one but a trusted friend, as I haveno desire to mingle in pol i tical strife . R emember me kindlyto your family, and, bel ieve me ,

“ I am truly yoursMILLARD FILLMORE .