Chapter 1

A COMPILATION

OF THE

MESSAGES AND PAPERS

OF THE

PRESIDENTS.

BY

JAMES D. RICHARDSON

A REPRESENTATIVE FROM THE STATE OF TENNESSEE

VOLUME IV

PUBLISHED BY

AUTHORITY OF CONGRESS

1902

* * * * *

Copyright 1897

BY JAMES D. RICHARDSON

Prefatory Note

In historic value this volume is equal to, if it does not surpass, any one of the series which has preceded it. It comprises the eight years of our history from March 4, 1841, to March 4, 1849, and includes the four years' term of Harrison and Tyler and also the term of James K. Polk. During the first half of this period the death of President Harrison occurred, when for the first time under the Constitution the Vice-President succeeded to the office of President. As a matter of public interest, several papers relating to the death of President Harrison are inserted. A number of highly interesting vetoes of President Tyler appear, among which are two vetoing bills chartering a United States bank and two vetoing tariff measures. During President Tyler's Administration the protective tariff act of 1842 was passed; the subtreasury law was repealed; the treaty with Great Britain of August 9, 1842, was negotiated, settling the northeastern-boundary controversy, and providing for the final suppression of the African slave trade and for the surrender of fugitive criminals; and acts establishing a uniform system of bankruptcy and providing for the distribution of the sales of the public lands were passed. The treaty of annexation between the United States and the Republic of Texas was negotiated, but was rejected by the Senate.

During the Administration of President Polk Texas was finally annexed to the United States; Texas, Iowa, and Wisconsin were admitted into the Union; the Oregon boundary was settled; the independent-treasury system was reenacted; the Naval Academy was established; acts were passed establishing the Smithsonian Institution and creating the Department of the Interior; the war with Mexico was successfully fought, and the territory known as New Mexico and Upper California was acquired. The acquisition of territory by Mr. Polk's Administration added to the United States California and New Mexico and portions of Colorado, Utah, and Nevada, a territory containing in all 1,193,061 square miles, or over 763,000,000 acres, and constituting a country more than half as large as all that held by the Republic before he became President. This addition to our domain was the next largest in area ever made. It was exceeded only by the purchase by President Jefferson of the Louisiana Territory, in which was laid so deep the foundation of the country's growth and grandeur. If our country had not already attained that rank by the acquisition of the Louisiana Territory, the further additions made by Mr. Polk's Administration advanced it at once to a continental power of assured strength and boundless promise.

JAMES D. RICHARDSON.

APRIL 27, 1897.

William Henry Harrison

March 4 to April 4, 1841

William Henry Harrison

William Henry Harrison, third and youngest son of Benjamin Harrison, one of the signers of the Declaration of Independence, was born at Berkeley, Charles City County, Va., February 9, 1773. Was educated at Hampden Sidney College, Virginia, and began the study of medicine, but before he had finished it accounts of Indian outrages on the western frontier led him to enter the Army, and he was commissioned an ensign in the First Infantry on August 16, 1791; joined his regiment at Fort Washington, Ohio. Was appointed lieutenant June 2, 1792, and afterwards joined the Army under General Anthony Wayne, and was made aid-de-camp to the commanding officer. For his services in the expedition, in December, 1793, that erected Fort Recovery he was thanked by name in general orders. Participated in the engagements with the Indians that began on June 30, 1794, and was complimented by General Wayne for gallantry in the victory on the Miami on August 20. On May 15, 1797, was made captain and given the command of Fort Washington. While there he married Anna, daughter of John Cleves Symmes. Resigned his commission on June 1, 1798, peace having been made with the Indians, and was immediately appointed by President John Adams secretary of the Northwest Territory, but in October, 1799, resigned to take his seat as Territorial Delegate in Congress. During his term part of the Northwest Territory was formed into the Territory of Indiana, including the present States of Indiana, Illinois, Michigan, and Wisconsin, and he was appointed its governor and superintendent of Indian affairs, which he accepted, and resigned his seat in Congress. Was reappointed successively by Presidents Jefferson and Madison. He organized the legislature at Vincennes in 1805. Held frequent councils with the Indians, and succeeded in averting many outbreaks. On September 30, 1809, concluded a treaty with several tribes by which they sold to the United States about 3,000,000 acres of land on the Wabash and White rivers. This and former treaties were condemned by Tecumseh and other chiefs, and an outbreak became imminent, which was averted by the conciliatory course of the governor. In the spring of 1811 Indian depredations became frequent, and Governor Harrison recommended the establishment of a military post at Tippecanoe, and the Government consented. On September 26 Harrison marched from Vincennes with about 900 men, including 350 regular infantry, completed Fort Harrison, near the site of Terre Haute, Ind., on October 28, and leaving a garrison there pressed on toward Tippecanoe. On November 6, when near that town, was met by messengers demanding a parley, and a council was proposed for the next day. At 4 o'clock the following morning a fierce attack was made by the savages; at daybreak the Indians were driven from the field. For this victory he was highly complimented by President Madison in his message of December 18, 1811, and was also thanked by the legislatures of Kentucky and Indiana. On August 25, 1812, soon after war was declared against Great Britain, was commissioned major-general of the militia of Kentucky, though not a citizen of that State. On August 22, 1812, was commissioned a brigadier-general in the Regular Army, and later was appointed to the chief command of the Northwestern army, with instructions to act in all cases according to his own discretion and judgment. No latitude as great as this had been given to any commander since Washington. On March 2, 1813, was commissioned a major-general. Was in command of Fort Meigs when General Proctor, with a force of British troops and Indians, laid unsuccessful siege to it from April 28 to May 9, 1813. Transporting his army to Canada, he fought the battle of the Thames on October 5, defeating General Proctor's army of 800 regulars and 1,200 Indians, the latter led by the celebrated Tecumseh, who was killed. This battle, together with Perry's victory on Lake Erie, gave the United States possession of the chain of lakes above Erie and put an end to the war in uppermost Canada. For this victory he was praised by President Madison in his annual message to Congress and by the legislatures of the different States. Through a misunderstanding with General John Armstrong, Secretary of War, he resigned his commission in the Army May 31, 1814. In 1814, and again in 1815, he was appointed on commissions that concluded Indian treaties, and in 1816 was chosen to Congress to fill a vacancy, serving till 1819. On March 30, 1818, Congress unanimously voted him a gold medal for his victory of the Thames. In 1819 he was chosen to the senate of Ohio, and in 1822 was an unsuccessful candidate for Congress. In 1824 was a Presidential elector, voting for Henry Clay, and in the same year was sent to the United States Senate, and succeeded Andrew Jackson as chairman of the Committee on Military Affairs. He resigned in 1828, having been appointed by President John Quincy Adams minister to the United States of Colombia. He was recalled at the outset of Jackson's Administration, and retired to his farm at North Bend, near Cincinnati, Ohio. In 1835 was nominated for the Presidency by Whig State conventions in Pennsylvania, New York, Ohio, and other States, but at the election on November 8, 1836, was defeated by Martin Van Buren, receiving only 73 electoral votes to the latter's 170. December 4, 1839, he was nominated for the Presidency by the national Whig convention at Harrisburg, Pa., and was elected on November 10, 1840, receiving 234 electoral votes to Van Buren's 60. Was inaugurated March 4, 1841. Called Congress to meet in extra session on May 31. He died on Sunday morning, April 4, 1841. His body was interred in the Congressional Cemetery at Washington, but in June, 1841, it was removed to North Bend and placed in a tomb overlooking the Ohio River.

INAUGURAL ADDRESS.

Called from a retirement which I had supposed was to continue for the residue of my life to fill the chief executive office of this great and free nation, I appear before you, fellow-citizens, to take the oaths which the Constitution prescribes as a necessary qualification for the performance of its duties; and in obedience to a custom coeval with our Government and what I believe to be your expectations I proceed to present to you a summary of the principles which will govern me in the discharge of the duties which I shall be called upon to perform.

It was the remark of a Roman consul in an early period of that celebrated Republic that a most striking contrast was observable in the conduct of candidates for offices of power and trust before and after obtaining them, they seldom carrying out in the latter case the pledges and promises made in the former. However much the world may have improved in many respects in the lapse of upward of two thousand years since the remark was made by the virtuous and indignant Roman, I fear that a strict examination of the annals of some of the modern elective governments would develop similar instances of violated confidence.

Although the fiat of the people has gone forth proclaiming me the Chief Magistrate of this glorious Union, nothing upon their part remaining to be done, it may be thought that a motive may exist to keep up the delusion under which they may be supposed to have acted in relation to my principles and opinions; and perhaps there may be some in this assembly who have come here either prepared to condemn those I shall now deliver, or, approving them, to doubt the sincerity with which they are now uttered. But the lapse of a few months will confirm or dispel their fears. The outline of principles to govern and measures to be adopted by an Administration not yet begun will soon be exchanged for immutable history, and I shall stand either exonerated by my countrymen or classed with the mass of those who promised that they might deceive and flattered with the intention to betray. However strong may be my present purpose to realize the expectations of a magnanimous and confiding people, I too well understand the dangerous temptations to which I shall be exposed from the magnitude of the power which it has been the pleasure of the people to commit to my hands not to place my chief confidence upon the aid of that Almighty Power which has hitherto protected me and enabled me to bring to favorable issues other important but still greatly inferior trusts heretofore confided to me by my country.

The broad foundation upon which our Constitution rests being the people--a breath of theirs having made, as a breath can unmake, change, or modify it--it can be assigned to none of the great divisions of government but to that of democracy. If such is its theory, those who are called upon to administer it must recognize as its leading principle the duty of shaping their measures so as to produce the greatest good to the greatest number. But with these broad admissions, if we would compare the sovereignty acknowledged to exist in the mass of our people with the power claimed by other sovereignties, even by those which have been considered most purely democratic, we shall find a most essential difference. All others lay claim to power limited only by their own will. The majority of our citizens, on the contrary, possess a sovereignty with an amount of power precisely equal to that which has been granted to them by the parties to the national compact, and nothing beyond. We admit of no government by divine right, believing that so far as power is concerned the Beneficent Creator has made no distinction amongst men; that all are upon an equality, and that the only legitimate right to govern is an express grant of power from the governed. The Constitution of the United States is the instrument containing this grant of power to the several departments composing the Government. On an examination of that instrument it will be found to contain declarations of power granted and of power withheld. The latter is also susceptible of division into power which the majority had the right to grant, but which they did not think proper to intrust to their agents, and that which they could not have granted, not being possessed by themselves. In other words, there are certain rights possessed by each individual American citizen which in his compact with the others he has never surrendered. Some of them, indeed, he is unable to surrender, being, in the language of our system, unalienable. The boasted privilege of a Roman citizen was to him a shield only against a petty provincial ruler, whilst the proud democrat of Athens would console himself under a sentence of death for a supposed violation of the national faith--which no one understood and which at times was the subject of the mockery of all--or the banishment from his home, his family, and his country with or without an alleged cause, that it was the act not of a single tyrant or hated aristocracy, but of his assembled countrymen. Far different is the power of our sovereignty. It can interfere with no one's faith, prescribe forms of worship for no one's observance, inflict no punishment but after well-ascertained guilt, the result of investigation under rules prescribed by the Constitution itself. These precious privileges, and those scarcely less important of giving expression to his thoughts and opinions, either by writing or speaking, unrestrained but by the liability for injury to others, and that of a full participation in all the advantages which flow from the Government, the acknowledged property of all, the American citizen derives from no charter granted by his fellow-man. He claims them because he is himself a man, fashioned by the same Almighty hand as the rest of his species and entitled to a full share of the blessings with which He has endowed them. Notwithstanding the limited sovereignty possessed by the people of the United States and the restricted grant of power to the Government which they have adopted, enough has been given to accomplish all the objects for which it was created. It has been found powerful in war, and hitherto justice has been administered, an intimate union effected, domestic tranquillity preserved, and personal liberty secured to the citizen. As was to be expected, however, from the defect of language and the necessarily sententious manner in which the Constitution is written, disputes have arisen as to the amount of power which it has actually granted or was intended to grant.

This is more particularly the case in relation to that part of the instrument which treats of the legislative branch, and not only as regards the exercise of powers claimed under a general clause giving that body the authority to pass all laws necessary to carry into effect the specified powers, but in relation to the latter also. It is, however, consolatory to reflect that _most_ of the instances of alleged departure from the letter or spirit of the Constitution have ultimately received the sanction of a majority of the people. And the fact that many of our statesmen most distinguished for talent and patriotism have been at one time or other of their political career on both sides of each of the most warmly disputed questions forces upon us the inference that the errors, if errors there were, are attributable to the intrinsic difficulty in many instances of ascertaining the intentions of the framers of the Constitution rather than the influence of any sinister or unpatriotic motive. But the great danger to our institutions does not appear to me to be in a usurpation by the Government of power not granted by the people, but by the accumulation in one of the departments of that which was assigned to others. Limited as are the powers which have been granted, still enough have been granted to constitute a despotism if concentrated in one of the departments. This danger is greatly heightened, as it has been always observable that men are less jealous of encroachments of one department upon another than upon their own reserved rights. When the Constitution of the United States first came from the hands of the Convention which formed it, many of the sternest republicans of the day were alarmed at the extent of the power which had been granted to the Federal Government, and more particularly of that portion which had been assigned to the executive branch. There were in it features which appeared not to be in harmony with their ideas of a simple representative democracy or republic, and knowing the tendency of power to increase itself, particularly when exercised by a single individual, predictions were made that at no very remote period the Government would terminate in virtual monarchy. It would not become me to say that the fears of these patriots have been already realized; but as I sincerely believe that the tendency of measures and of men's opinions for some years past has been in that direction, it is, I conceive, strictly proper that I should take this occasion to repeat the assurances I have heretofore given of my determination to arrest the progress of that tendency if it really exists and restore the Government to its pristine health and vigor, as far as this can be effected by any legitimate exercise of the power placed in my hands.

I proceed to state in as summary a manner as I can my opinion of the sources of the evils which have been so extensively complained of and the correctives which may be applied. Some of the former are unquestionably to be found in the defects of the Constitution; others, in my judgment, are attributable to a misconstruction of some of its provisions. Of the former is the eligibility of the same individual to a second term of the Presidency. The sagacious mind of Mr. Jefferson early saw and lamented this error, and attempts have been made, hitherto without success, to apply the amendatory power of the States to its correction. As, however, one mode of correction is in the power of every President, and consequently in mine, it would be useless, and perhaps invidious, to enumerate the evils of which, in the opinion of many of our fellow-citizens, this error of the sages who framed the Constitution may have been the source and the bitter fruits which we are still to gather from it if it continues to disfigure our system. It may be observed, however, as a general remark, that republics can commit no greater error than to adopt or continue any feature in their systems of government which may be calculated to create or increase the love of power in the bosoms of those to whom necessity obliges them to commit the management of their affairs; and surely nothing is more likely to produce such a state of mind than the long continuance of an office of high trust. Nothing can be more corrupting, nothing more destructive of all those noble feelings which belong to the character of a devoted republican patriot. When this corrupting passion once takes possession of the human mind, like the love of gold it becomes insatiable. It is the never-dying worm in his bosom, grows with his growth and strengthens with the declining years of its victim. If this is true, it is the part of wisdom for a republic to limit the service of that officer at least to whom she has intrusted the management of her foreign relations, the execution of her laws, and the command of her armies and navies to a period so short as to prevent his forgetting that he is the accountable agent, not the principal; the servant, not the master. Until an amendment of the Constitution can be effected public opinion may secure the desired object. I give my aid to it by renewing the pledge heretofore given that under no circumstances will I consent to serve a second term.

But if there is danger to public liberty from the acknowledged defects of the Constitution in the want of limit to the continuance of the Executive power in the same hands, there is, I apprehend, not much less from a misconstruction of that instrument as it regards the powers actually given. I can not conceive that by a fair construction any or either of its provisions would be found to constitute the President a part of the legislative power. It can not be claimed from the power to recommend, since, although enjoined as a duty upon him, it is a privilege which he holds in common with every other citizen; and although there may be something more of confidence in the propriety of the measures recommended in the one case than in the other, in the obligations of ultimate decision there can be no difference. In the language of the Constitution, "all the legislative powers" which it grants "are vested in the Congress of the United States." It would be a solecism in language to say that any portion of these is not included in the whole.