'- n' 40 Glass Rnnk -P9P9UX MEMOIR OF S. S. PREITISS. vol.. II. MEMOIE OF S. S. PRENTISS. EDITED BY HIS BROTHER. H vol.. II. NEW YORK: CHARLES SCRIBNER, 377 & 379 BROADWAY, (SECOND FLOOK.) 1857. vT > \ Ent«rkd according to Act of Congress, in the yenr 1855, by CHARLES SCR I BXER, hi the Clerk's Office of the U. S. District Court, for the Southern Dietriot of New Voik J I 0^ W. [I TINSiiN, STKHKOTYrW*, CONTENTS OF VOL. II. CHAPTER XIV. Return to Washington— Letters— Speech on the Defalcations of Public Officers - Extracts— Description of a Speech on the Navy — Letters— His Congressional Life, ........••S CHAPTER XV. Reminiscences of Mr. Prentiss by Henry A. Wise, . * • .51 CHAPTER XVL The Wilkinson Trial — Mr. Prentiss' Address to the Jury, . . . .66 CHAPTER XVn. Return to Vicksburg — Resumes the Practice of Law — Letters — Is solicited to become a Candidate for the Senate of the United States— Correspondence on the Subject— Letter to the Whigs of Madison County— Interest felt in the Election in other Parts of the Country— Letter to him from J. J. Crittenden — The Canvass — Letters, .......... 114 CHAPTER XVm. Letters— Presidential Election of 1S40— Letters— Mr. Prentiss' Exertions— Visits the North— Invitations to attend Whig Conventions and Mass-Meetings — Speeches at Portland and Newark— Anxiety to hear him— Returns Home by Sea —Canvasses Mississippi as Candidate for Presidential Elector— Letters. . 149 CHAPTER XIX. Domestic Correspondence— His Marriage — Letters— His Course in Relation to the Gubernatorial Election of 1S43— Visit and Letter from Henry Clay— Letters, 185 Tl CONTENTS OF VOL. II. CHAPTER XX. Mississippi Repudiation — Mr. Prentiss' Opposition to it — His Popular Addresses on the Subject — Argument at Fayette against the Doctrine that one Generation can- not bind another — Col. Joseph B. Cobb's Reminiscences of a Speech at Jackson before the Whig Convention of lS-4.3 — Letter to the Poet Wordsworth — Mr. Words- worth's Reply — The Question of Repudiation finally decided by the Supreme Court of Mississippi, ........ 289 CHAPTER XXL Reminiscences of Mr. Prentiss by Balie Peyton, ..... 271 CHAPTER XXII. Recollection of him in 1843-4 — Speeches at a Whig Convention at New Orleans — Visits the North — Political Addresses during his Journey — The Presidential Elec- tion of 1844 — Subject-matter of Mr. Prentiss' Addresses — Return South, and Speech at New Orleans on the Fine Arts — Letters — Invitations to attend Whig Conventions and Barbacues in other States — Visit to Nashville — Letter from Ex-Governor Jones — Speeches at Natchez, Jackson, and Vicksburg — Disappoint- ment at the Result of the Election, ...... 292 CHAPTER XXIIL Decision of the Supreme Court of the U. S. involving his Title to the VicksDurg Com- mons — Letters — Removal to New Orleans — Public Dinners tendered him on leav- ing Mississippi — His Settlement in New Orleans — Withdrawal from Parties and Devotion to his Profession — His Legal Career — Anecdotes — Trial of Phelps, the Robber — His Character and Attainments as a Lawyer and Advocate, . 354 CHAPTER XXIV. Address before the New England Society of New Orleans — Letters — Address on Behalf of the Starving Poor of Ireland — Death of his Eldest Sister — Letters- Address to the Returned Volunteers of Gen. Taylor's Army — Letters, . 395 CHAPTER XXV. New Year's Letter to his Mother — Difficulty with a Grandson of Henry Clay — His Account of the Affair — Reminiscences of it by Balie Peyton and Richard T. Archer — Letter from Mr. Clay — State of the Country early in 1848 — Questions growing out of the Mexican War — Mr. Prentiss' Speech at a Meeting to nominate Dele- gates to the Whig National Convention — His Exertions during the Canvass — Views of Slavery and the Wilmot Proviso — Gen. Taylor — Letters. . . 434 CHAPTER XXVL Mr. Prentiss' Character as a Popular Orator — The Sources of nis Power — Miscon- ceptions on the Subject — Resemblance between him and Patrick Henry — Pecu- Ilailties of his Oratory— Its Strength lay chiefly in the Subject-matter of his CONTENTS OF VOL II. V« Addreases— His Political Opinions— Distrust of mere Politicians— His Viewa respecting the Form of our Government— It is not a simple Democracy— Its Practical Methods— The Will of the People not found in Primary Assemblies, or Mass Meetings; but only in the legitimate Action of the Executive, Legis- lative, and Judicial Authorities— American System of Liberty essentially Histo- rical, and Peculiar to Ourselves— Evils in the working of the Government- Executive Patronage— Extracts from Calhoun on the Subject— Debasement of the Presidential Office— His Opini. u and Abhorrence of Demagogues— Extract from Aristotle — His Patriotic Hopes, ....... 4G7 CHAPTER XXVII. Personal Traits— His Disregard of Money— His Generosity— His Interest in Young Men and Kindness to them— Character of his Friendships— Sympathy with the Poor, the Sick, and Afflicted — Letters addressed to him by Strangers His Domestic Life, ......... 503 CHAPTER XXYIIL Letters — Severe Illness — Visits the North with his Family — Reminiscences of this Visit— Fishing Excursions and Rides about Newburyport — His Interest in the Hun. garian Struggle— Trips to Boston, New Bedford, and Mawha's Vineyard — His Regard for Old Men — His Conversational Talent — Returns South— Letters — Rapid Failure of his Health — A Reminiscence by Col. Cobb — Devotion to his Profes- sional Labors — Is invited to address the Story Law Association — Letters — Approach of the Final Struggle— His last Appearance in Court— Letters to his Wife — Sudden Attack— Is removed to Natchez— The Closing Scene, . . 524 APPENDIX. Proceedings of the Bar of New Orleans, and Eulogy by J idge Bullard, Extracts from the New Orleans Delta, Notice by J. P. H. Claiborne, Esq., . Proceedings of the Bar of NatcheB, . Proceedings of the Bar of Jackson, Eulogy on S. S. Prentiss by Judge Mc Caleb, Letter from Henry Clay, . . . Extract of a Letter from J. J. Crittenden, , 563 570 572 573 674 575 680 681 X MEMOIR OF S. S. TRENTISS. -«► CHAPTER XIY. Return to Washin^on— Letters— Speech on the Defalcations of Public Officer - Extracts— Description of a Speech on the Navy — Letters— His Congressio' 1 Life. Mt. 30. 1838-9. He thus announced his return to Washington, in a letter dated December 18, 1838 :— I arrived in the city last evening, in good health and spirits. I came by the way of New Orleans, Mobile, Montgomery, Cljarleston, &c., and had a tedious, but in some respects pleasant trip ; having never before travelled through the same section of country. I was detained by professional business, which pre- vented me from being here at the opening of the session; but do not regret it, as nothing of much importance has yet transpired. I merely drop you this line in great haste, to apprise you of my safe arrival, and shall in a day or two write again. TO HIS SISTEE ANNA Washington City, Dec. 28, 1888. Mt Dear Sister : — I wrote a hasty note upon my arrival here last week, promising to write again in a few days. I have delayed, VOL. II. ] * 10 MEMOIR OP S. S. PRENTISS. expecting to spend Christmas day in New York, and to write from there. In this anticipation I was disappointed. Our House adjourned over only for two days, and at the time of adjournment was engaged in an interesting discussion, in which [ was desirous of participating; of cour^^e I had to give up my intention of going to New York. Yesterday I made a speech ; my text was the corruption and profligacy of the pre- sent Administration, and I did not spare the lash, in exposing their folly and wickedness. The recent defalcations of Swartwout and others formed the subject of debate, which has been very warmly carried on for several days. I was honored with a very crowded and attentive auditory, and spoke about three hours. I do not know that I shall speak again during the session. I am heartily tired of the place, and should rejoice to return home to-morrow. There is nothing new, and the Metropolis is extremely dull. A place less interesting, at least to me, could not be easily found. Every day's experience confirms me in the wisdom of my reso- lution to retire from public life, which is principally character- ized, at this time, by ignorance, discourtesy, and profligacy. I wish you all a happy and a merry Christmas, and wish I was with you to partake of tlie good feelings and good cheer which always accompany this pleasant season. You must write me very often this winter, if your health will permit — but of that you must be extremely cautious, and if you find writing injurious you must omit it, though it will deprive me of much gratifica- tion. I am glad that Abby enjoyed her visit to New York so much, and returned in such improved health. My love to you all, and a thousand kind wishes accompany it. Your afiectionate Skaegent. The speech, referred to in this letter, contains some things of which its author, on reflection, did not quite approve. The specimens which it gives of the correspondence carried on for several years between the Secretary of the Treasury and his defaulting subordinates, certainly justified the utmost severity of rebuke ; the records of the government, it is to be SPEECH ON DEFALCATIONS, *J hoped, afford no parallel to this extraordinary corre>!pon- dence. Bnt aside from the political satire and invective, which in such a case were legitimate weapons, there are expressions of personal contempt that exceed the proprieties of parliamentary discussion. Perhaps the bitter assaults which had been made upon him, during the year, by the official organ and other prominent Administration journals, were in part the cause of these sharp and scornful expressions. Even his lameness was not always spared by his political enemies. Mr. Thorpe very justly remarks ; " I find this speech, which is far from being equal to a hundred of his that were never noticed beyond the fleeting hour of their delivery, crowded with figures, all beautiful, but in many instances lacking that depth of thought for which Mr. Prentiss was so remarkable. To me it seemed, when I read it, more like his conversation when he was warmed up by social intercourse, than like a speech."* The following extracts, given with such slight omissions and occasional substitution of official for personal names as charity and respect for the dead seemed to require, contain the substance of this speech. It is a melancholy reflection, that the barbarous ''spoils system,^^ denounced by Mr. Pren- tiss with such righteous severity, should ever have been followed by his own party. Had anybody predicted, in 1838-9, what has actually occurred, the good men of that party would, probably, have exclaimed with Hazael : *' But what ! is thy servant a dog that he should do this great thing ?"f The history of the last fifteen years shows only too plainly that the " spoils " poison has infected the whole country, engender- ing a frantic lust of office, which, unless speedily checked, is likely in the end to brutalize and destroy the national life. * American B&view, 1851. t 2 Kings, viii. 18. 12 MEMOIR OF S. S. PRENTISS. The House being in Committee of the Whole upon the President's Message (John Quincy Adams in the chair), Mr. Prentiss spoke as follows : Me. Chairman : — I had intended, on a former occasion, to express my views upon some of the topics embraced in the President's message, more especially the subject of the recent defalcations. I am, however, so unfortunate as to be viewed by the oflBcial eye of this House through an inverted telescope, and it is not often that I can obtain the floor. With much pleasure, there- fore, I avail myself of the opportunity at present afforded me. That portion of the message to which I shall principally turn ray attention, to wit, the defalcations of the public oflBcers, lias been already ably considered by my honorable friend from ■Virginia (Mr. Wise), as well as by the distinguished member from Tennesi^ee (Mr. Bell). But it is a subject which cannot be too often or too thoroughly discussed. Its examination will, I am confident, eviscerate more of the principles upon which this Government has for some years been administered, and furnish us more valuable lessons for future guidance, than any other matter that can occupy our deliberations. I am sorry to observe a rapidly increasing hostility upon this floor to the discussion of great political principles. One would suppose, in listening to some gentlemen, that Congress was constituted, like a county court, for the trial of petty individual claims, instead of being the great political tribunal of the nation, whose province and duty it is, not only to notice all important events in the action of the Government, but to investigate the causes from which they have resulted. *» Defalcations of the most alarming character, and for an immense amount, carried on and concealed for a series of years by the collector of the principal commercial city of the Union, have been recently developed. The President has seen fit to call our particular attention to this case, and to make, in con- nection therewith, divers suar2;estions as to the best mode of preventing similar occurrences hereafter. SPEECH ON DEFALCATIONS. 13 "It seems proper (says the President), that by an early enactment, similar to that of other countries, the application of public money, by an officer of the Government, to private uses, should le made a felony^ and visited with severe and ignominious punishment.''^ He further recommends that a committee of Congress be appointed to watch the officers who have the custody of the pubUc moneys, and that they should " report to the Executive such defalcations as were found to exist, with a view to a prompt removal from office, unless the default was satisfactorily accounted for." The Secretary of the Treasury has also given us a report upon this same subject, in which he expresses his astonishment that such an occurrence should have happened without his know- ledge ; exhibits, like the President, a most holy horror at the enormity of the offence ; and recommends the appointment of an additional tribe of officers to watch over those already in power, as the best mode of avoiding similar mishaps in future. To listen to the well-assumed astonishment of the President and Secretary at the discovery of Swartwout's peculations, one would readily suppose that defalcation, under the present Administration, like parricide among the ancients, had hereto- fore been a crime unknown, and consequently unprovided for by justice. Hearken to the philosophical musings of the Presi- dent on this point : " The Government, it must be admitted, has been from its commencement comparatively fortunate in this respect. But the appointing power cannot always be well advised in its selections, and the experience of every country has shown that public officers are not at all times proof against temptation." Wonderful sagacity! Unparalleled discovery! Who will now deny the title of " magician " to the man who has devel- oped the astounding fact "that public officers are not at all times proof against temptation ?" The embezzlements of Swartwout have caused this truth to flash upon the sagacious mind of the Chief Magistrate, and with 14 MEMOIR OF S. S. PRENTISS. philanthropic eagerness he recommends that we put a stop to this new sort of wickedness, bj making it a penitentiary offence. Mr. Chairman, if I should tell you that all this is sheer hypocrisy— gross and wretched pretence— a tub thrown out to amuse the popular whale, and divert his attention from the miserable and leaky canoe which bears the fortunes of this Administration ; if I should tell you that, during the last five or six years, a hundred cases of defalcation have occurred, more outrageous in principle, more profligate in character, than the one we are recommended to investigate ; that the President has continued defaulters in office, knowing their violations of duty, knowing their appropriation of the public moneys to private uses ; that the Secretary of the Treasury has, during that whole period^ habifeually connived at these defalcations, and extended over them the mantle of his protection; if I should tell you that these defalcations constitute a portion of the ^'•spoils system'''' — that system which has been to this Administration what his flowing locks were to Samson— the secret of its strength ; if I should tell you all this, I should tell you no more than I con- scientiously believe: no more than I shall attempt to prove before this House and the country. These defalcations I shall trace to their origin, and not stop to inquire so much into their amounts, as into the causes which have led to them. It is not the question. Where is the money? but, Where is the guilt? that I wish to investigate. The recent developments to which our attention is invited, are but some of the bubbles that are every day breaking upon the surface of the still and mantling pool. I shall not stop to measure their relative size or color ; but will, unpleasant as the task may be, dredge for the corrupt cause which lies at the bottom. These cases are but the wind- falls from that tree of Sodom — Executive patronage. Hereto- fore, the representatives of the people have, in vain, urged an examination into the character of its fruit; t)ut it has. been guarded with more vigilance than were the golden apples of the Hesperides. Now, our attention is solicited to it by the Presi- dent. Is he in earnest ? Let him but give us a chance to shake SPEECH ON DEFALCATIONS. 15 this tree, and he will find his rotten pippins falling from every limb and branch. But our attention is called, particularly, to the case of Swartwout. The Administration has delivered him over to our tender mercies ; they have dropped him as the bear, when hotly pursued, drops one of her cubs, for the purpose of distracting the attention of the hunter, and so escaping with the rest of her young. I, for one, shall not be thus diverted from my purpose, but will follow the dam to her den, and there, if possible, crush at once the whole brood. Swartwout has been found out. This is the unpardonable sin with the present party in power. Their morality is the Spartan morality : not the theft^ but the discovery^ constitutes the crime. Sir, if every office-holder's mantle were thrown aside, how many, think you, would be found without a stolen fox fastened to the girdle? Mr. Chairman, I have no confidence that the President has recommended this investigation in good faith, or that his parti- sans here intend lo permit it. They dare not do it. They are not yet sufficiently maddened, scorpion-like, to dart the sting into their own desperate brain. IST®, sir, it is a mere ruse. Regardless of the maxim that " there is honor among thieves," the rest of the office-holders are very willing to- turn State's evidence against Swartwout, to gain immunity for themselves, and favor with the commonwealth. Let the Administration give us a fair committee, favorable to investigation, not packed by the Speaker ; throw open to us the doors of your Depart- ments — those whited sepulchres, within whose secret vaults corruption has so long rioted and revelled; 1^ your insolent subalterns be taught that they owe some allegiance to the laws ; compel them to submit their official conduct to a rigid examina- tion by this House: then, and not till then, will I believe them in earnest ; then, and not till then, shall I expect any good to come of investigation. But, sir, though little is to be expected from the action of this House, I anticipate much good from the discussion. This hall is the ear of the nation ; what is said here touches the auditory nerve of the whole country. Before thia 16 MEMOIR OF S. S. PRENTISS. mighty audience do I impeach both the President and the Secre- tary. * * I charge them with knowingly appointing and continuing in oflBce public defaulters — men who had appro- priated the public moneys to private use ; who had committed, in office, acts of as great moral turpitude, and deserving as much odium, as attaches to the case of Swartwout ; acts which the President now professes to think deserving of the penitentiary. I charge the Secretary, directly, with having caused, by negli- gence, and Icnowing, willful connivance^ some of the most import- ant defalcations which have occurred. I charge him specifically with having, in one case, literally watched a defalcation through a period of more than two years, and seen it gradually swell, during that time, to upwards of $100,000 ! I charge him with having permitted, in numberless instances, the repeated and continued neglect and violation of what he himself asserts to be the paramount duty, without removing from office, or even reprimanding the delinquents, I charge him with having, in his official capacity, received, and favorably considered, corres- pondence degrading to his high office, in^^ilting to him as an honest man, and of a corrupt and profligate character. Sir, the Secretary can only escape by th? plea of " non com- pos mentis^ Out of his pwn mouth I will oonvict him ; I will but let loose upon him the documents he him.self has furnished, and, like the hapless Acteon, he will be torn to pieces by his own hounds. Mr. Chairman, the cases which I am about ta examine, in sup- port of my positions, have been selected at random from the reports of the Secretary himself, and I present them merely as specimens; scores of the same sort— the phosphorescent glim- merings of corruption — break through the darknsss, and illumi- nate the path of the Secretary, from the very moment ho came into office. Should I treat of them all, the 4th of March would find me here, and the chronicles of the defaulters ^tOl unfinished. The first case treated of is that of a Col. S , Receiver of public moneys in Indiana. The report of the whole case SPEECH ON DEFALCATIONS. 17 will be found in Document 142 of the second session of the 24th Congress. After extracting the portions in point, the speech proceeds : — And what think yon was done with this defaulter by the moral, upright, sin-hating Secretary ? And what has been done by the President, who thinks this offence ought to be made felony, and punished with the penitentiary ? Before I answer this question, I will read you a letter from a then Senator of the United States, which will perhaps throw some light upon the subject. It will be perceived this letter was written during the examination of the office by Mr. West, and was doubtless intended to obviate the effect of his report : Madison, Augttst 3, 1836. SiH : — ^I am informed that some things are stated recently to the prejudice of Colonels , receiver at Fort Wayne, and I am requested to write you. In doing so, I can only say that I have been gratified in learning that his deposits have been made to your satisfaction ; and, if so, I hope that minor matters, if mere irregularities, will be overlooked. He is reputed to be an honest and honorable man, and I do not believe that he has intentionally either done wrong, or violated his instructions. It would to some eictent produce excitement if he were removed^ for he hoi many wai'm, and influential friends both at Fort Wayne and in Dearborn county, from toMch he removed to his present residence. Better let it be. With much respect, William H Bon. Secretary of the Treasury. "With much respect," ha! I doubt it. The honorable Sen- ator could not have had much respect for the honorable Secre- tary, or he would never have dared to write such a letter. Those two last sentences, like a lady's postscript, contain the whole substance : " It would produce excitement," forsooth, to remove thedefaulter ; " he has influential friends." " Better let it 5e." Sir, in these few words you may behold the morality, the policy, and the strength of the party in power. Like the flash language of the London swells, they open, to those who understand the true meaning, the whole secret of political roguery. Being inter- preted, the honorable Mr. H 's letter would read : " Dear Mr. Secretary : I am told Colonel S is a defaulter, and you 18 MEMOIR OF S. S. PRENTISS. are going to turn him out. You're a fool ; you must do no such thing : it would injure the party to turn him out; he's a strong pohtician, and has got a great deal of influence ; he isn't cheating us, it's only the people. If you know on which side your bread is buttered, keep him in office." And what says the^honest Secretary to all this ? Listen ; here is his answer : Treasury Department, September 7, 1836. Sib :— Your letter of the 31st ultimo is received, and I am happy to inform you that Mr. S 's explanations have been such that he will probably continue in office. Which, being interpreted, reads : " Dear Billy : — Who's a fool ? I never intended to turn him out. I only talked about it to gull the people, and make them think I was honest. He shall be retained." Ay, and he was retained ; and soon rendered such good ser- vice to his master as well approved the sagacity which refused to part with him. He has been continued in office by the Presi- dent, and is now Receiver at Fort Wayne. There is one more circumstance developed by this docament, to which I invite attention. The Secretaiy, in a letter of the 23d of May to Col. S , tells him, " that any neglect or inat- tention to these requirements [that is, to deposit monthly the money on hand, and make monthly returns thereof], unless satis- factorily accounted for, will require of me, from a sense of official duty, that you be reported to the President, with a recommen- dation that you be removed from office." Now, in connection with this extract read the following letter from Col. S., written just upon the eve of the Presidential election, and about six weeks after the correspondence between H and the Secretary : — Receiver's Office, Fort Watnk, Oct. 27, 1836, Sib:— This is to inform you that I have forwarded to the deposit bank one hun- dred and four thousand dollars, in silver, there to remain untU I arrive with the gold and paper money. My democratic friends think I ought not to leave unUl after we hold ow Section for President, on the 1th November, which I h