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 Copy 1 from The American Historical Review, Vol. X., No. i, Oct., 1904.] 
 
 2. Some Papers of Franklin Pierce, 1852-1862. 
 
 ( First Installment. ) 
 
 The following letters were found arnong the private papers and 
 correspondence of President Franklin Pierce. For access to these 
 papers and permission to publish such as are here presented grateful 
 acknowledgments are due to the custodian of the originals, Hon. Kirk 
 D. Pierce, nephew of President Pierce, an able and well-known 
 lawyer residing in Hillsboro, N. H., the early home of the Presi- 
 dent. The letters were copied, edited, and contributed to the Review 
 by P. O. Ray, Instructor in History and Political Science of the 
 Pennsylvania State College. 
 
 I. Edmund Burke ^ to Franklin Pierce (Unsigned Copy). 
 
 Confidential. Washington, April 9, 1852. 
 
 My dear Sir : 
 
 I came to this city about one fortnight ago on business connected with 
 patents, now pending in Congress. And since I have been here I have 
 had very considerable opportunity to learn the sentiments of politicians 
 in relation to the next Democratic nomination for the Presidency. The 
 three most prominent candidates for the nomination are Cass, Buchanan, 
 and Douglass. Gen. Cass I think now has most friends although it seems 
 to be the general impression that he can not get two-thirds of the Con- 
 vention. Next to him Douglass is the most prominent. He has a good 
 share of the Northwest to back him. After the Indiana delegation has 
 given one vote for Gen. Lane they will go in for Douglass. So Wm. R. 
 Brown tells me who is one of the Delegates at large. Tennessee and a 
 portion of the Kentucky Delegation I understand will early come in to 
 the support of Douglass. On the other hand, Mr. Buchanan seems to 
 have but very little support out of Pennsylvania. Therefore, the struggle 
 will be between Cass and Douglass. The old experienced politicians here 
 are of the opinion that it will result in the defeat of both. Then of 
 course the Convention will have to look about for a candidate among 
 those who are not candidates directly for the nomination. Among these 
 are Marcy, Dickinson, Butler, and Lynn Boyd, who are talked of. The 
 two first will not unite the vote of N. Y., although the latter is very popu- 
 lar at the South. Gen. Butler a high-toned chivalrous and sound man 
 seems to be under a cloud here in consequence of the fact that Benton 
 
 1 See Appleton's Cyclopcedia of American Biography. Burke had served severa 
 terms in the House as a representative from New Hampshire, and had been Commissioner 
 of Patents from 1846 to 1850. Shortly after Pierce's inauguration Burke became a bitter 
 enemy of the administration, often attacking its policy in the columns of the New Hamp- 
 shire State Capitol Reporter. So bitter was his assault upon Douglas and the administra- 
 tion at the time when the Nebraska Bill was pending in Congress, that Douglas replied 
 in a long letter, which appeared in the columns of the N'ew Hampshire Patriot and State 
 Gazette (Concord), the organ of the administration in that state. 
 
Ill Dociiinciits 
 
 Blair, and that class of politicians put him forward. I do not think it 
 possible for him to survive this prejudice, and therefore I think that the 
 N. H. Patriot has been too fast in putting him forward. Out of Ky. he 
 seems to be the choice of nobody except the freesoilers of N. Y., and 
 perhaps of Judge Bright of Indiana. And Lynn Boyd is not now a 
 formidable candidate. 
 
 Now in my judgment if at the proper time at the Convention you will 
 allow your name to be used as a compromise candidate, you stand as good 
 a chance of the nomination as any man I can now think of. 
 
 In casual conversation I have asked southern gentlemen how you 
 would suit the South and they have invariably responded most favorably. 
 I am boarding with Col. Barbour, President of the late Virginia Demo- 
 cratic Convention, and he says the South would cordially unite on you. 
 He tells me that a majority of the Convention was for Buchanan in pre- 
 ference to Cass or Douglass. There is another very intelligent gentleman 
 boarding with me from Florida, by the name of Blunt. Mr. Atherton ^ 
 knows him. I believe he is a Whig. But he says tjiat no Northern man 
 would be more generally acceptable than yourself to the South. I have 
 also talked with Floyd, M. C, from New York and he says both of the 
 Democratic factions in that State would unite upon you. Hence I believe 
 that you are among the very probable candidates for the Presidency, if 
 you will allow your name to be used at the right time. 
 
 But I must say frankly that you have not been quite free enough with 
 your friends in relation to this subject. I can not learn as anyone knows 
 what you would do or consent to have others do in reference to the 
 nomination. You hold out the idea that there is no office you will again 
 accept. Unless your determination never to accept of any office is irre- 
 vocable, I think you should say that you pl-ace your destinies so far as the 
 Presidency is concerned in the hands of your friends. 
 
 I do not of course think it prudent to put you forward as a candidate 
 for the Presidency until the three prominent candidates are first disposed 
 of. If they shall all be defeated in the Convention, then your nanie 
 should be put forward as a compromise candidate. 
 
 You will see by the proceedings in the House ( which will be followed 
 up in the Baltimore Convention) that our ticket has got to be entirely 
 clear of freesoilism. The very general idea that the N. Y. freesoilers, 
 Rantoul, Cleaveland, and others, hope to regain position in the Demo- 
 cratic party by the election of Butler, kills off all his prospects. There- 
 fore, in my firm belief the Fatriot has started off in a wrong track. 
 
 I shall be here until the ist of May I think. I see our client Brown 
 has run away. 
 
 Yours truly, 
 
 [Edmund Burke.] 
 
 Gen. F. Pierce. 
 
 ' Charles G. Atherton, of New Hampshire, author of the " Gag Resolution ". See 
 V, Burke to Pierce, June 6, 1852, p. 114. 
 
Sovie Papers of Franklin Pierce, 18^2-1862 [ 1 2 
 
 II. Franklin Pierce to Edmund Burke (Unsigned Copy). 
 
 Concord, Apl. 13, 1852. 
 My deal' Sir : 
 
 I received your letter of the 9th inst. last night and desire without 
 delay to acknowledge it with my thanks. I am quite surprised that you 
 should speak of my not having been free enough with my friends upon 
 the subject of your letter. I wrote to Atherton as I thought and felt.^ 
 What more had I apparently to say? Judging from what you say and 
 what others have written within the last fortnight, the aspect of things 
 has materially changed. The writing of that letter was a source of much 
 dissatisfaction to my personal friends. But I deemed it a matter [of 
 duty ?] as things then presented themselves one of which I alone could 
 judge. My heart was full of gratitude to my State as it had been many 
 times before, to overflowing but it was at the same time more full of de- 
 votion to the party and I did not believe that N. H. or the National party 
 had anything to gain by having my name in the list of aspirants. If you 
 and my other discreet friends think (without reference to me personally) 
 that the pride of our State, the success of the cause can be subserved by 
 the use of my name then you must judge for me in view of all the circum- 
 stances^, I wrote yesterday to my old friend French, ^ but hope he will 
 confer with you and Norris^ and Hibbard* and Peaslee". I said to him 
 in a hurry but more and more fully than I can say here. I must leave 
 the matter to my friends at W. looking, as I am sure they will, to what 
 is my duty and what may be the best interests of the party. 
 
 It is now I o'clock at night and I am in the midst of an important 
 trial. Our client Brown ran discreetly. Write me as soon as you receive 
 this. 
 
 Your friend 
 Hon. Edmund Burke, [Franklin Pierce.] 
 
 Washington, 1). C. 
 
 P. S. I keep no copy and wish you would forward me one for I may 
 need it in coming time. While I leave myself to my friends, they would 
 desire me to keep my record clear, even if I had no such desire myself. 
 
 Tuesday night, 2 o'clock. 
 
 1 At a ratification meeting held at Concord, June lo, 1852, Colonel John H. George 
 of Concord is reported to have said : " On the 8th of January last the Democratic Slate 
 Convention of New Hampshire unanimously presented the name of General Franklin 
 Pierce to the people of the nation as a candidate for the highest office in its gift. . . 
 Immediately after the action of the last State Convention, General Pierce wrote his letter 
 to Mr. Atherton declining to be a candidate for the Presidency and declaring that the use 
 of his name in any event before the Democratic National Convention would be utterly 
 repugnant to his tastes and wishes. . ." See the Patriot and Gazette (Concord), 
 June 16, 1852. 
 
 ^ Probably William II. French, aide ile-cainp on General Pierce's staff during the 
 Mexican War. 
 
 ^ Moses Norris, Jr., U. S. senator from New Hampshire. 
 
 ■• Harry Hibbard, a representative from New Hampshire. 
 
 5 Charles H. Peaslee, representative from New Hampshire, 1847-1853. 
 
 \ 
 
I 13 Documents . 
 
 III. Edmund Burke to Franklin Pierce. 
 
 Baltimore, June 5, 1852. 
 Dear General. 
 
 We are in great hopes of nominating you this morning. The thing 
 is about ripe. We have intimations from the delegations from Pennsyl- 
 vania and Virginia that they will soon lead off for you. The South will 
 come in, so will Maine, Conn, and I think all N. E. Michigan will 
 also. The prospects are more encouraging than ever. 
 
 But you know the whole thing is contingent. So do not be too 
 much elated. If God and the people give you the nomination and elec- 
 tion, bear your honors calmly, meekly and with dignity. I have no 
 doubt you will. You know I do not express opinions without a careful 
 survey of the facts of the case. But in the opinion I now express I may 
 be mistaken. We are all excited here and probably I may be more than 
 usual. 
 
 The convention is about to work. Adieu. In haste, 
 
 Yours truly, 
 
 Edmund Burke. 
 
 IV. Edmund Burke to Franklin Pierce. 
 
 Baltimore, June 5, 1852. 
 Afternoon. 
 Dear General. 
 
 I wrote you this morning that in all probability you would be nomi- 
 nated, and I said, if God and the people nominated and elected you, you 
 must wear the transcendent honor with calmness, meekness and dignity, 
 as becoming a true man and a Christian. I have no doubt you will. 
 We have all done the best we could for you. We have pledged you 
 to nothing except that you would be honest, faithful, true, discreet and 
 just. We have no doubt you will fulfill all these pledges we have made 
 for you. 
 
 The scene in the convention was grand — sublime. The cannon 
 has already heralded your success. Mighty destiny, be true to it. 
 
 Gov. Dickinson tells me that New York will give you her vote by 
 30,000. The enthusiasm is tremendous. You unite all clicpies. 
 
 Now your biography must be written. Send me the materials at 
 Washington and I will prepare it for you. I have made arrangements 
 already with Dr. Hebbe, the author of the Universal History, a man of 
 great talent and distinction and great influence with the German popula- 
 tion, to undertake and publish it at once in that language. [Name illeg- 
 ible] another German, will take the stump for you. I know these men 
 well. They can do more for you with the foreign population than all 
 others. 
 
 I think I can serve you best by remaining at Washington a few days. 
 I know men from every state in the Union. You will be elected. 
 
 Yours truly, 
 F. Pierce. Edmund Burke. 
 
 AM. HIST. REV., VOL. X.— S. 
 
 / 
 
Sonic Papers of Franklin Pierce, 1 8 52-1862 1 14 
 
 V. Edmund Burke to Franklin Pierce. 
 
 Baltimore, June 6, 1852. 
 Dear General. 
 
 / ' suppose by this time you have heard of the result of the deliberations 
 
 / National Democratic Convention and have become " calm as a 
 
 iCr's morning". I think we did right in putting King on the 
 
 / Ket. You know he is Buchanan's bosom friend and thus a great and 
 
 powerful interest is conciliated. Our nominations also please both wings 
 
 of the Democratic party in New York. They were content with slaying 
 
 each other and both will cordially unite on you. If Scott is nominated 
 
 the great battle-ground will be in New York and Pennsylvania. The 
 
 slave states will fall into our laps like ripe apples. I think your election 
 
 is certain but I remember while I express my opinion, that all things 
 
 pertaining to humanity are uncertain and therefore you upon whom the 
 
 great honor has fallen must not be too elated or sanguine. You must 
 
 prepare yourself for the result, whatever it may be. I think you will be 
 
 elected because all cliques of the democracy are united on you as they 
 
 were on Mr. Polk. 
 
 I wrote you to send your minutes for a biography. It is wanted 
 immediately. Perhaps I may not be able to stay at Washington long 
 enough to prepare it and perhaps you may not desire that I should do it. 
 If not, Gen. Peaslee will do it well and I will see Dr. Hebbe and tell 
 him to translate it at once into German. I am anxious to get home to 
 Concord on account of a certain event. May it not be best to postpone 
 the election of Senator until fall? If you are elected will you not then 
 desire the election of your own first choice among the candidates? In 
 that event would not Mr. Atherton' be the best man for you in that 
 body, through whom the administration can speak ? In the event of 
 your election I, or one of the candidates, shall be glad to defer to your 
 wishes. I have no doubt the Democratic members of the Legislature 
 will now so far consult your wishes as to postpone the election, if you 
 desire it. 
 
 I shall remain a few days at Washington on business at the Patent 
 and Pension offices, and while I am here I will do all I can to arrange 
 things for the coming campaign. 
 
 I am in correspondence with Kossuth and through Dr. Hebbe can do 
 something with the foreign population. Kossuth has great influence with 
 them and will naturally suppose without any assurance that a northern 
 administration will sympathize more with the popular movement in 
 Europe than a southern or Whig administration. Kossuth should be 
 invited to New Hampshire, but should receive nothing from you but 
 courtesies and civilities. I am also acquainted with the editor of the 
 leading German paper in the United States and have promised to see 
 
 ' Charles G. Atherton, reelected to the Senate in November, 1852. Died Novem- 
 ber, 1853. 
 
1 1 5 Documents 
 
 him on my return home through New York. We can do much through 
 these channels. I expect to see you soon. 
 
 In haste yours truly, 
 
 Edmund Burke. 
 Gen. F. Pierce. 
 
 VI. Edmund Burke to Franklin Pierce. 
 Confidential. , 
 
 Hon. Franklin Pierce, Washington, June 8, 1852. 
 
 My dear Sir. 
 
 I write to-day in relation to a matter personal to ourselves. Mr. 
 Houston, Chairman of the Committee of Ways and Means told me yester- 
 day that he had been informed on good authority, that you were hostile 
 to me, in fact, my enemy. When 1 was here in April last, I had a letter 
 from a gentleman in New Hampshire informing me of the same fact and 
 that the cause of it was some article in the Argus and Spectator ; and in 
 consequence you were opposed to my election to the Senate. Before re- 
 ceiving this letter, I had written to you my first letter in relation to your 
 prospects for the Presidential nomination and received your reply ; and 
 the frankness and confidence expressed in the latter, led me at once to 
 treat the intimation I had received as an idle rumor. Immediately after 
 an intimate friend and relation of the gentleman who first wrote me, 
 addressed a letter to me informing me that it was a mistake, and that you 
 were not unfriendly to me. But the intimation from the Chairman of 
 the Committee of Ways and Means, upon which I had supposed there was 
 one of my personal friends from N. H. leads me to suspect that some one 
 has not understood your relations with me and has given a wrong im- 
 pression in regard to them ; or that I have myself misunderstood the 
 true spirit which has dictated your letters to me, as well as our personal 
 interview at Newport. I believe that you have been misrepresented to 
 Mr. Houston. But however it may be, I have no doubt you will have 
 the frankness to say honestly and truly what your sentiments toward me 
 are. If they be even as Mr. Houston has been informed, it will make 
 no difference in the humble support I shall give to your nomination. I 
 shall do all in my humble power to secure your election. That I owe to 
 the great cause to which I have always been attached. But it may make 
 some difference in the course I ought to pursue to accomplish that very 
 object. It is more than probable that I shall be fixed upon to assume the 
 editorial work of the Union ' newspaper during the canvass. I seem to 
 be the almost unanimous choice of our party in Congress for that position. 
 But the consciousness that we are not friends, and that I was aiding to 
 elevate my personal enemy to the White House, might dampen my ardor 
 in the conflict, although I should do my best to prevent it. These con- 
 siderations, if they are founded in fact, would render it very improper for 
 
 ' Tilt' Washington Union (daily). See VIII, Pierce to Burke, June 14, 1852, p. 
 117. Burke was campaign editor of the Union during the late summer and autumn of 1852. 
 
Sojuc Papers of FranJdin Pierce, 1852-1862 1 1 6 
 
 me to take charge of the Union. The heart of the editor of that paper 
 should go into the conflict with no secret sadness nor grief.— But for the 
 good of our cause, which must triumph in this contest, I should not be 
 the editor of the Union if our relations are really such as have been inti- 
 mated to me since I have been in this city. 
 
 From the first moment I saw the prospect dawning for you, I have 
 done my utmost to accomplish the great result. Your nomination was 
 effected precisely as I supposed it must be if at all. I never had but one 
 opinion about it. But 1 claim no credit to myself in bringing about this 
 result. All your friends from N. H. did all in their power to accom- 
 plish it. My extensive acquaintance with the politicians of the Union 
 gave me, perhaps, some advantage over other of your friends. There 
 was not a delegation in the Convention in which there were not more or 
 less members with whom I was acquainted. I have a pretty extensive 
 acquaintance with leading German politicians, and editors, both native 
 and naturalized. These were of some benefit to us, and I shall avail 
 myself of this acquaintance to bring the foreign vote so far as possible to . 
 the support of our cause. 
 
 An4 finally whatever may be said and done by jealous and rival poli- 
 ticians in N. H. their calumnies cannot shake my standing with the 
 Democracy of the Union. Most of them will have to work hard as I 
 have done before they attain to the same position before the country at 
 large. I have been free and full in this letter. For your good and that 
 of our cause we ought to know how we stand in relation to each other, 
 in order that I may not get into any position which will in the remotest 
 degree affect unfavorably our great cause, which must now triumph, or it 
 will fall not to rise again for a quarter of a century. 
 
 Your nomination is received with great enthusiasm. It unites all 
 factions of our party and seems to inspire every one with confidence in 
 
 our success. 
 
 I am, very truly your friend etc, 
 
 Edmund Burke. 
 
 Gen. F. Pierce. 
 
 VII. Edmund Burke to Franklin Pierce. 
 
 Washington, June 10, 1852. 
 
 My dear Sir : 
 
 Yesterday Mr. Ritchie ' placed in my hands a letter from Robert G. 
 Scott, Esq., of Richmond in relation to your answer to his letter addressed 
 to the different Presidential candidates. I handed the letter to Gen. 
 Peaslee to be communicated to you in the belief that it might be of some 
 use to you in framing your reply to the letter of the committee appointed 
 to inform you of your nomination. " 
 
 1 Thomas Ritchie, editor of 77/^ Washington Union. 
 
 -iThis committee consisted of J. S. Barbour, J. Thompson, Alpheus Field, and 
 Pierre Soule. The letter of notification referred to is still in existence. 
 
117 Docmiiejits 
 
 The western men are also a little alarmed in consequence of your 
 votes upon the River and Harbor appropriations while in Congress, 
 which the Republic newspaper has collected and published. Perhaps 
 this is a matter which it would be expedient for you to consider in your 
 reply. The western men think the Whigs will argue to the people that 
 you will veto all bills whatever for the improvement of Harbors and 
 Rivers, which would make your election an uphill business in the West. 
 On the other hand some western members, including Douglass and Rich- 
 ardson of Illinois and Dunham of Indiana, think it will not hurt you at all. 
 
 But those who think it will injure you in the West, say that if in your 
 reply to the Committee you could in some general phraseology say that 
 you entered public life during the- eventful administration of Gen. Jack- 
 son whose principles you have ever maintained, referring to his course 
 upon Internal Improvements, but finally coming down upon the Balti- 
 more platform, as your true position, it would be well. They say they 
 can stand up to a man to the principles of Gen. Jackson on that subject, 
 but they cannot fully to the doctrine of Mr. Polk's veto message. You 
 can and will weigh these matters carefully and deliberately and make 
 such reference to them as you deem expedient or none at all. 
 
 The ratification meeting in this city last night was the largest I ever 
 saw here. Messrs. Cass, Houston, Lane, Davis and others spoke. 
 Father Ritchie ^ made a few remarks. These facts show that our party 
 are thoroughly united and determined to win. 
 
 By judicious management all the foreign populations can be brought 
 to your support. Dr. Hebbe the distinguished Swedish scholar, left for 
 N. York yesterday to address the German societies in that city. He has 
 also written to many of the leading German editors in Pennsylvania and 
 elsewhere. And this morning I received a prospectus for a new paper 
 in the Welsh language to be published in Pottsville, Pa. It will be the 
 first one in the United States. It is endorsed by Hon. F. W. Hughes, 
 Secretary of State for Pennsylvania. 
 
 Yours truly, 
 
 Edmund Burke 
 Hon. Franklin Pierce. 
 
 VIII. Franklin Pierce to Edmund Burke (Copy). 
 
 Concord N H 
 
 June 14, 1852 '' 
 My dear sh- : 
 
 I returned from my journey to-day and hasten to answer your letter 
 of June 8th wh I found an hour since among a large package awaiting 
 my arrival. 
 
 In the first place I should like to know M!' Houston's authority. But 
 without that, I will proceed to set matters right so far as we are con- 
 
 1 Thomas Ritchie of the Union. 
 
 2 Either this letter, or the reply of Burke (IX), perhaps each, is misdated. The 
 error, however, is one of only a few days. 
 
Some Papers of Franklin Pierce. 18^2-1862 1 1 8 
 
 cerned. I can state distinctly, that the charge that 1 am yr. enemy has, 
 so far as 1 know, no foundation in any act or word of mine. I had 
 heard prior to the receipt of your letter in April that you were evidently 
 unfriendly to me, and thai if I desired to be brought before the National 
 Convention, my first object should be to conciliate you. I uniformly 
 replied, ist, That I did not seek to be a candidate ; 2d. That if it were 
 otherwise, I would not turn on my heel to conciliate any man; and 3d. 
 That I could not conceive that you were hostile, because I had always 
 understood our relations to be of a friendly character. Your letter of 
 April assured me that I had not misjudged and I supposed that we under- 
 stood each other. 
 
 When I was informed of the controversy between yourself and Mr. 
 Butterfield/ 1 expressed my deep regret, but was determined not to be in 
 any way involved in it. I have not read the articles on either side, but 
 I heard your first article freely commented on, and stated that if you had 
 ■made a general assault upon the politicians of Concord, charging them 
 with being under the influence of corporations and desiring to dictate to 
 other parts of the State, such charges were groundless and unjustifiable, 
 and in this I think few true men would differ with me. You have never 
 been assailed by me. No act or word of mine justifies the charge. Now 
 for the authority ! What is charged and by whom ? 
 
 I have received several letters from different gentlemen in relation to 
 the " (T)--/!?// " ^ and matters connected therewith. As I understand the 
 matter, it is a subject about which it would be neither politic nor just for 
 me to speak. The democratic party have nominated me. They have 
 presented a platform upon which I am willing to stand. I would not 
 presume to enlarge or narrow it. The manner in wh., and the instru- 
 mentality through which, the nomination is to be sustained, must be left 
 entirely to others. I shall not attempt to control, nor shall I, as at ])res- 
 ent advised, permit myself even to suggest. 
 
 I thank you for your frankness. It is the only way to maintain 
 proper relations between friends personal or political. 
 
 Your friend, 
 
 Frank Pierce. 
 
 IX. Edmund Burke to Franklin Pierce. 
 
 Washington, June 14, 1852. 
 Hon. Franklin Pierce 
 My dear Sir, 
 
 1 have deferred answering your letter of the 14th inst. until I could 
 see Mr. Houston and learn from him the author of the intimation which 
 he made to me and to which I referred in my letter of the 8th inst. I 
 have not been able to see him until to-day, and I made enquiry of him in 
 relation to the matter. He says he can not now recall to mind the per- 
 
 ^ Editor of the Al-w Hampshire Patriot and State Gazette, published at Concord. 
 
 2 See VI, P.urke to Pierce, June 8, 1S52, p. 115. 
 
1 1 9 Dociiiucnis 
 
 son from whom he derived the impression that we were not on friendly 
 terms. He says he and several other gentlemen were discussing the pro- 
 priety of my taking the editorial charge of the Union newspaper when 
 some one remarked that it might not be agreeable to you for we were 
 opposed to each other in our State politics. Mr. Houston says it was 
 from this remark that he got the impression which he stated to me. But 
 it is now of no account. Your letter leaves no ground for me to doubt 
 that our personal relations are now, as they have always been, friendly. 
 I am aware that it was unnecessary for you to court the favor of any man — 
 a more fortunate position than that in which most men are placed — but 
 I have never acted in bad faith with regard to your nomination. I wrote 
 you fully and frankly from this city in April last, what I thought the 
 condition of things was here. I expressed then, as I did after my return 
 to New Hampshire by letter, and orally in our personal interview at 
 Newport, my belief in the great probability of your nomination, and how 
 it was to be brought about. And I steadily acted with that end in view. 
 I knew it was not policy to bring you out as a candidate for the nomina- 
 tion at the outset, and that you could only be nominated as a compromise 
 candidate, and in this our whole delegation, I believe, agreed and we 
 acted accordingly. And, of course, you owe your nomination to no one 
 of us, nor to any particular man, but to your own position and a fortunate 
 combination of circumstances, the noble character of the Granite State 
 having some little weight in the matter. 
 
 I am aware that the Concord people, and I count Mr. Butterfield 
 among the foremost of them, circulated the story during the late session 
 of the Legislature that I was opposed to your nomination to the last, and 
 that it was made against my wishes and active opposition. This is a 
 base calumny for which there is not one particle of foundation, and I 
 have no doubt your sense of justice will induce you to correct it. At 
 any rate, I intend that it shall be taken back by those who put it afloat. 
 If I had been opposed to you in the critical period when a slight circum- 
 stance might have defeated you, humble as I am, if I had been so disposed, 
 perhaps I might have accomplished it. I knew more men in that Con- 
 vention than any other man from our State, and without vanity I think I 
 may say that my standing with the Democracy of this nation is as good 
 as that of any other delegate from N. H. If I had used the advantages 
 which these circumstances gave me, at one time, possibly I might have 
 had some influence on the result. They were all however used to pro- 
 mote your success, and not to prevent it. But enough on this point. 
 
 As to the quarrel between the Argus and Patriot, I understood from 
 Mr. Baldwin, and now understand from yourself that you do not take 
 part in it. I was glad to be thus assured of what I before believed was 
 the truth about the matter. 
 
 As to the statements made in the first article in the Argus, I am not 
 aware that they are untrue. The two leading statements are that Col. 
 George did not carry the late election in N. H. as claimed by the Patriot ; 
 and that a portion of the Democrats of Concord were too much connected 
 
Soiuc Papers of Franklin Pierce, 18^2—1862 i 20 
 
 with corporations, and gave their countenance to corporate influence. 
 Those statements were not published in the Argus until they had first 
 been shown to leading democrats out of Sullivan Co. who concurred in 
 them. I believe them to be true, and I stand by the truth without fear 
 or favor from any man. If the records of various corporations at Concord 
 and the history of our past legislature does not bear out what I say, then 
 I will retract, but there is no power on earth that will make me retract 
 what I believe to be true. I know a great many of the soundest and best 
 democrats in New Hampshire concur with the Argus and with myself in 
 this belief. The Argus has sustained in this controversy precisely the 
 same principles which it sustained fifteen years ago, when it had the cor- 
 dial support and encouragement of yourself and your venerated father. 
 It has not changed on this matter of corporations. It did not move or 
 change when the Patriot, and a large portion of the Democratic Party 
 gave way on the Wilmot Proviso. And it will stand by its principles 
 and flag, if it stands alone, no matter by whom it may be denounced. 
 But I have dwelt longer on this topic than I intended. 
 
 Before .this reaches you, you will have learned that Gen. Scott has 
 been nominated. The nomination of Graham, with the platform, will 
 generally unite the Whigs of the South. I think, with Gen. Scott's great 
 and undisputed military services, it will require some effort on the part 
 of the Democracy to beat him. I am afraid our friends have been all too 
 confident of success. They seem to take it for granted that we are to 
 carry the election. I cannot learn that they are doing much. They are 
 not going into the combat with the promptness and energy which the 
 occasion demands. I do not think our Central Executive Committee is 
 made up of the right sort of men. Robert McLane of Baltimore is 
 Chairman. He is a man of talents, but I think he has not the industry 
 nor the practical experience necessary for getting up good political tracts. 
 Dr. Gwin is also a man of ability and good sound sense, but he has too 
 much California business to attend to. And Messrs. Edgerton and Penn 
 [?] of the House, are neither of them the right sort of men for such 
 duties as will devolve on the Executive Committee. Ten days ago I 
 placed in the hands of the Committee a proposition with regard to the 
 establishment of a Welsh paper in Pottsville, Pa. I had secured a letter 
 from Col. Hughes, Secretary of State of Pennsylvania, with regard to the 
 subject, and also communications from other gentlerpen of that State. 
 I supposed the matter would be attended to, but so far from that, on 
 -Monday last Mr. Penn [?] told me the Committee had not organized. 
 Our friends here seem to think the battle is to be won without fighting. 
 
 I have had some opportunity to observe the effect of Scott's nomina- 
 tion, and am satisfied that it will very generally unite the \Vhig party. 
 Many of the delegates from the South are now in the city, and I find that 
 the adoption of a platform and the nomination of Graham has removed 
 their objections to Scott, and all those Whig politicians in Congress, who 
 have not so far committed themselves against Scott that they cannot 
 honorably back out, will go in for him. I understand Gen. Dawson of 
 
I 2 I Dociiuients 
 
 Ga. has already given in his adhesion. I am satisfied that the Whig 
 party will be united under Scott and that with his unquestionably great 
 military reputation and long public service he will be a hard candidate to 
 beat. Therefore I think it is time for our party to lay aside the delusion 
 that we are to gain an easy victory, and make up our minds for one of 
 the hardest contests we have ever had I believe we shall be successful if 
 we fight the battle as we ought. If we do not we shall be beaten. 
 
 I dined in company with Mr. Soule and other gentlemen yesterday. 
 Mr. S. spoke of his interview with you, and in the most complimentary 
 terms of yourself. 1 think he was most agreeably disappointed. Col. 
 Barbour also was highly delighted with his acquaintance with you. Both 
 he and Mr. Soule not only spoke most favorably of your deportment as a 
 gentleman, but of your unblemished character and your knowledge of 
 public affairs. I think it was very well that the Committee^ visited you 
 in person. 
 
 I have mentioned the name of Dr. Hebbe to you in former letters. 
 His connection with and great influence over the foreign population, make 
 it important to have him take the right course in this election. He is a 
 Swede, by birth, and a man of profound learning and high character. 
 He was educated in Germany and was expelled that country on account 
 of his liberal principles. He is intimate with Kossuth, and other dis- 
 tinguished characters engaged in the European popular movements. He 
 is a thorough and philosophical democrat and espouses our side from a 
 conviction of its intrinsic merits. He has succeeded in bringing out 
 several leading German papers in support of our nominations, which took 
 a neutral position in consequence of Cass' defeat. He has also been to 
 New York and addressed the foreign trade societies in that city urging 
 upon them the support of our ticket. And being by birth a Scandinavian 
 he desires to go through Iowa, Wisconsin, and other States of the West 
 in which most of the Swedes, Norwegians and Danes reside, and address 
 them before the election. He will also during the summer make you a 
 visit, in order that he may speak to his countrymen of his personal knowl- 
 edge of you. Mr. Fleischmann, a German, who was my principal draughts- 
 man in the Patent Office, and recently consul at Wurtemberg, a man also 
 of very great learning and attainments, has also assured me that he will 
 stump it through the German regions. He will also visit you this sum- 
 mer for the same reason assigned by Dr. Hebbe. Ihe grand ideas which 
 are to be most potent in this election are sympathy for the liberals of 
 Europe, the expansion of the Republic southward and westward and the 
 grasping of the magnificent [prize? illegible] of the commerce of the 
 Pacific — in short the ideas of which the term 'Young America' is the 
 symbol. Both Hebbe and Fleischmann and Mr. Soule and the young 
 men of the Republic have these ideas moving them deeply. 
 
 As to the subject suggested in my letter by [illegible] Mr. French 
 has written a sketch of your life which he read to Mr. Hubbard and myself 
 
 1 See VII, Burke to Pierce, June lo, 1852, p. 116, note 2. 
 
Scvnc Papers of Franklin Pierce, 18^2-1862 122 
 
 before he sent it away to be published. It was very well, but not suffi- 
 ciently full and strong on some points. There is also a sketch of your 
 life for sale at the book stores prepared, I understand, by Lester of New 
 York.. That is too expensive. We want a strong pointed biography in 
 pamphlet form to be widely circulated by members of Congress. And 
 we want also a good likeness of you. None has yet appeared. If you 
 had sent me a daguerreotype engravings from it would have been on sale 
 ten days ago. We want a biography to be translated into German. As 
 I shall leave the city as soon as I can close up some business at the Patent 
 Office I shall not now have time to attend to any of these matters. Pardon 
 me this very long letter and believe me 
 
 ever yours truly, 
 
 Edmund Burke. ^ 
 
 X. G. C. Hebbe to Edmund Burke. 
 
 Honorable Ed. Burke. Washington City July 15th 1852. 
 
 Dear Sir 
 
 I have many times already had great reasons to wish that you had 
 remained here and lent your energy to the Central Committee which acts 
 with deplorable imbecility. It was a great misfortune that you did. not 
 become a member of that Committee, and a no less one that you are not 
 Editor of the Union. I have had several conferences with Dr. Gwin 
 and Hon Mr. Senn [Penn?], but the committee has not yet co'lected 
 so much money that it has dared to grant aid to those papers which I 
 have recommended to its patronage. The Committee committed the 
 blunder to ordera Philadelphia paper to publish 25,000 copies in German 
 of the life of General Pierce — when this order ought to have been given 
 to Mr. Newman as recommended by myself — I told Mr. Penn yesterday 
 that if Mr. Forney's advice is to be taken on such matters — the com- 
 mittee has to take upon themselves the responsibility of the consequences. 
 The paper to which this order was given — is very influential in Penn- 
 sylvania — , but there is now much less hope to carry that State than 
 New York — : and consequently all ought to be done to secure the latter 
 State — in which we have more hope to succeed — But it appears as the 
 interests of certain individuals are to be promoted at hasard even to see 
 the party defeated — 
 
 1 Further information relating to the ante-convention movements which brought about 
 Pierce's nomination is to be found in the files of the Boston Daily Advertiser (Whig) for 
 November, 1853, and of the Arkansas Whig for December, 1853. These articles are 
 based upon Burke's ovi'n story of how the " mysterious" nomination was effected, which 
 appeared in the State Capitol Reporter (Concord) in October, 1853. For this paper, 
 which was a violent anti-administration organ, Burke was for the time an editorial writer. 
 Burke's story may also be found quoted in The New Hampshire Statesman (Concord) 
 for October 29, 1853. In January, 1904, an article appeared in The Minneapolis Journal 
 which sheds further light upon the nomination. The Writer, a law-student in Concord in 
 1852, boarded in the same family with one Henry P. Rolfe, then a student in the law- 
 office of Minot and Pierce, and bases his statements upon conversations taking place be- 
 tween himself and Rolfe on the day when the New Hampshire delegation left Concord 
 for Baltimore. 
 
123 Dociiinents 
 
 I have had letters from Gen. Kossuth — in which he complains much 
 of the deception which certain persons of the Democratic party have 
 made themselves guilty of in regard to himself — and I have had the 
 utmost difficulty in preventing him from taking steps which would un- 
 doubtedly have led to the disorganization and defeat of the Democratic 
 party — I hope that General Pierce's letter to the Democrats of Phila- 
 delphia has satisfied Gen Kossuth at least to some degree — still I 
 know that he expected from Gen. Pierce a still more explicit avowal in 
 regard to the course of foreign policy which this country ought to pursue 
 — , but I think, that the General could not say more in the present state 
 of affairs 
 
 I have written an urgent appeal to the adopted citisens of Scandi- 
 navian birth to support General Pierce, and I hope that this appeal which 
 appeared in the " Skandinoven " of last Saturday will have a good effect 
 and give General Pierce at least 10,000 votes from that quarter. 
 
 I have also written about 35 letters to several German pajjers — and 
 to English papers — urging upon the readers of these papers the necessity 
 and duty to sustain the Democratic nominees — I intend to sail for 
 Europe on Saturday from New York — but hope to return before the ist 
 of Sept. when I will have the honor to visit you and then begin to stump 
 the States of New "York, Pennsylvania, Illinois, Wisconsin and Iowa — 
 From Europe I will transmit several letters to papers in these Slates in 
 order to advocate the success of our party — 
 
 I am a democrat at heart because I consider that party — notwith- 
 standing its many defects as the only one which at present can do any 
 practical good for the advance of freedom throughout the world — I am, 
 however, sorry to see that the influence of the South is preponderant 
 here in Washington — • It is a great mistake to think that the South can 
 accomplish the victory of the Democratic party — when on the contrary 
 it is clear that the result will chiefly depend upon the votes of the northern 
 and western states — , where the votes of the adoptive citisens are de- 
 cisive — 
 
 I have from Gen. Kossuth that General Pierce has promised to visit 
 New York — and I hope that he will do so — as such a visit would prob- 
 ably do much to influence the people of that State. 
 
 I hope that you will exercise all your energy in behalf of the Demo- 
 cratic party — as I am fully convinced that you can do much for the 
 success of our cause in the present struggle— I should be very glad to 
 hear from you before my departure — and I think that a letter addressed 
 to me ^care of Nicholas Day 74 Wall Street New York — would reach 
 me before the departure of the steamer on Saturday. 
 
 I have the honor to remain with the most sincere regards, 
 
 Dear Sir 
 
 Yours most truly, 
 G. C. Hebbe. 
 
 In sfreat haste. 
 
Some Papers of Fraiiklin Pierce, 18^2-1862 124 
 
 XI. James Campbell to Arthur S. Nevitt.^ 
 
 Post Office Department, 
 March i, 1856. 
 Sir : 
 
 I have thought it my duty to send you the enclosed copies of papers 
 which have just been placed on file in this department. Not so much to 
 satisfy myself upon any point made against you as to furnish the occasion 
 for a statement calculated to satisfy all unprejudiced minds. 
 
 If there are persons in your office who sympathize with a political 
 party hostile to the Democratic Party, and bound by secret oaths to 
 principles contrary to the letter and spirit of the Constitution under 
 which we live, you should know them and should neither employ them 
 nor trust them. 
 
 I desire something more than a mere statement of your employees, 
 that at a given time they do not belong to a Know-nothing organization. 
 Have they been Know-nothings? Do they sympathize with that politi- 
 cal organization? Is your chief clerk a Whig with Know-nothing sym- 
 pathies ? What was his action at the last election ? 
 
 If you cannot answer these questions with confidence and satisfaction, 
 changes must be made. Reformation in the ofiice is due not only to the 
 Department, but to yourself. 
 
 I wish you would answer promptly and fully. 
 
 I am, respectfully, 
 
 Your obt. servant, 
 
 James Campbell. 
 Arthur S. Nevitt, Esq., 
 (P. M.) New Orleans, La. 
 
 XII. John W. Geary- to Franklin Pierce. 
 Confidential. Executive Department, 
 
 Lecompton, Kansas Territory, 
 December 22nd 1856. 
 His Excellency, 
 
 Franklin Pierce, President. 
 My Deal' Sir : 
 
 The removal of Donaldson,' Clark and LeCompte* has been received 
 here with general acclamations by the people, and men recently disposed 
 to vilify and abuse you are loud in your praise. None blame you except 
 those interested in having certain crimes laid in oblivion. 
 
 It is my duty to speak frankly and honestly to you, and from time 
 to time I have done so without prejudice, fear or favor. The Country 
 
 ' This letter is apparently in Pierce's handwriting, but is signed in lead-pencil, 
 "James Campbell", and addressed to Arthur S. Nevitt, Postmaster, New Orleans, La. 
 '2 Governor of Kansas Territory. 
 
 ^ J. B. Donaldson, U. S. marshal for Kansas Territory. 
 * Samuel D. Lecompte, Chief Justice of Kansas Territory. 
 
12 5 Documents 
 
 should know, and if I live long enough, it shall know, that the censure 
 which has been heaped upon your administration for mismanagement in 
 Kansas affairs is not attributable to you, but is the consequence of the 
 criminal complicity of public officers some of whom you have removed 
 the moment you were clearly satisfied of their true position. 
 
 I could not have credited it, unless I had seen it with my own eyes, 
 and had the most conclusive evidence of the fact, that public officers 
 would have lent themselves to carry out schemes which at once set at 
 naught every principle of right and justice upon which the equality and 
 existence of our government is founded. You know that there is no 
 man in the Union, that more heartily despises the contracted creed of 
 the abolitionists than I do, or more clearly perceives the pernicious 
 tendency of their doctrines, and on this question I trust I am an impar- 
 tial judge. The persecutions of the free-state men here was not exceeded 
 by those of the early christians. I am not their vindicator, and wish not 
 to extenuate the numerous outrages committed by them, the perpetrators 
 of which, in due time, I will endeavor to bring, as well as others, to con- 
 dign punishment, but I do say that the men holding official position have 
 never given you that impartial information on the subject so necessary to 
 form correct conclusions, which your high position so imperatively 
 demanded. I wish not to speak of the injudicious and criminal proceed- 
 ings of some of the emigrant aid societies and of the fanaticism which called 
 some of them into existence, there are persons better versed in the origin 
 of these movements who can explain them better than myself, but occu- 
 pying the confidential and official relations I do to yourself, which at 
 your pleasure I am most v/illing to lay at your feet, it is necessary that I, 
 especially, should do "equal and exact" justice to that side of the 
 question. 
 
 Let us go back then to the origin of the Kansas difficulty and see 
 what was the agitating cause, or causes, and let us candidly examine 
 whether or not oin- friends were faultless. 
 
 From the most reliable information I am satisfied that there was a 
 settled determination in higli quartets to make this a Slave State a I all 
 hazards ; that policy was communicated to agents here, and that most of 
 the public officers sent here were secured for its success. The conse- 
 quence was that when Northern emigrants came here at an early day, 
 ez^en before the emigrant aid societies began to excite public attention, 
 that certain persons along the borders of Missouri began to challenge 
 unexceptionable settlers, and finding many not for a slave state, they 
 were subjected to various indignities, and told that this soil, which pre- 
 vious to the repeal of the Missouri Compromise was devoted to freedom, 
 did not belong to such as them, and that they must settle in Nebraska. 
 
 These immagrants, highly conservative in their character, excited b'y 
 this unjust treatment, wrote back to their friends in the North and thus 
 by a little indiscretion on the part of overzealous persons in Missouri a 
 spark was ignited which nearly set the whole country in a flame. This 
 virulent spirit of dogged determination to force slavery into this Terri- 
 
Sovic Papers of Franklin Pierce, 18^2-1862 126 
 
 tory, has overshot its mark and raised a storm which nothing but an 
 honest return to the beneficent provisions of our Organic Act can quell. 
 Lecompte, Donaldson, Clarke, Woodson', CALHOUN' and Isaacs' 
 were prominent actors in this fearful tragedy and willing tools to carry 
 out this wicked policy. They have therefore destroyed their public useful- 
 ness, and their removal would be hailed with a tumult of joy by the entire 
 population. But well do 1 appreciate your position in the matter and 
 beyond your own sense of justice and propriety I would not desire you 
 to go. Could it be done, it would restore you to that position in the 
 popular affections which you so justly occupied at the period of your 
 Inauguration. 
 
 I was much surprised and somewhat amused to learn to-day that 
 Clark, the ex-agent, had just received a letter from Genl. Whitfield* in 
 which the latter says that you told him that all the odium brought on 
 your administration was the dire result of Clark's, Whitfield's, Atchi- 
 son's,^ Stringfellow's,'^ and others' indiscreet action. Why Whitfield 
 would write thus when he owes his seat to you and me, 1 know not, but 
 I am sure that he never penned a greater truth. 
 
 In your whole administration which has been remarkably eventful 
 there is not a shadow of complaint except this Kansas Matter over which, 
 with the dearth of reliable information, you could exercise little influ- 
 ence. Almost every public officer here, necessarily the channels of in- 
 formation, conspired to give you ex parte and prejudiced statements. 
 It was natural and generous that you should believe men professing to be 
 your friends in preference to others notoriously your enemies. 
 
 There is a plan in Westport, Mo. to invade the Territory with about 
 1000 men, to take possession of the "Shawnee Reserve", about the 
 20th of Feby. The Indian agent lives there. Calhoun has been there jo 
 or fifteen days. Can't you blow this conspiracy out of water? 
 
 On the Shanee [sic'] Reserve, after the Indians have made their 
 selections, there will remain about 1500 quarter sections for preemption. 
 
 I thank you for the firm and prompt manner with which you have 
 sustained my policy and seconded my suggestions in the removal of the 
 men indicated, and I earnestly trust you will be seconded in the good 
 work. 
 
 ' Daniel Woodson, secretary of the tertitory under Reader, acting governor upon 
 Reader's removal, secretary under Governor Shannon, and again acting governor upon 
 Shannon's resignation. 
 
 2 John Calhoun, surveyor-general of Kansas Territory. Instrumental in prejudi 
 the administration against Geary. See Rhodes, II, 239. 
 
 3 Isaacs, U. S. district attorney for Kansas Territory. See Davis to Pierce, 
 23. 1857, to appear in the Review for January, 1905. 
 
 *]. W. Whitfield, elected Delegate to Congress by the pro-slavery party, November 
 29, 1854. 
 
 5 David R. Atchison, previously senator from Missouri. 
 
 5B p Stringfellow, co-editor of the Squatter Sovereign, published at Atchison, 
 Kansas, which professed to be the organ of the Washington government in western 
 
 Missouri. 
 
 icini 
 
 ulv 
 
I 2 7 Docuiucnts 
 
 I can, and will with the aid of the National Goverm't., make Kansas 
 a model state, enriched with Democratic Institutions based upon the 
 Constitution of the U. S., and blessed with all the rich treasures of 
 learning, ennobled by virtue, intelligence and enterprise of the millions 
 of freemen whom its exuberantly fertile soil is capable of supporting. 
 After you have laid aside the cares of State, if I am called to remain 
 here, I want you to give me the pleasure of a visit to Kansas. I will 
 make a tour with you through the Territory. The salubrity of the cli- 
 mate, the beauty of the country and the warm reception I promise you 
 from our generous people will compensate you for the trip. 
 
 With the assurance of my high regards I am devotedly your friend 
 and obedient servant, 
 
 Tno. W. Geary. 
 
[Reprinted from The American Historical Review, Vol. X., No. 2, Jan., 1905.] 
 
 Sojne Papers of Franklin Pierce, 1832-1862, 
 
 ( Second Installment. ) 
 
 XIII. Hon. John W. Geary to President Pierce. 
 
 Private. Lecompton, Kansas Territory, 
 
 January 12"' 1857. 
 His Excellency, Franklin Pierce. 
 My dear Sir : 
 Your friendly letter of the 12th ult :, by the hands of Col : Winston^ 
 has been received. 
 
 I thank you, not only for your many personal assurances of confi- 
 dence, but also for your public and decided approval of my official action. 
 Next to my personal honor and the approbation of my conscience, 
 I value the success of your administration and hold sacred the delicate 
 trust confided to me. 
 
 "Be so just and true to the right that no man can challenge your 
 impartiality", is an instruction so eminently just that it meets a warm 
 response in my heart and will be my steady rule of action. 
 
 In the discharge of my executive duties, I have known and will con- 
 tinue to know " no party, no section, nothing but Kansas and my coun- 
 try ", and any measured success I have attained here is due to my determi- 
 nation to administer " equal and exact justice ". 
 
 Fully conscious of all the difficulties surrounding my delicate and 
 responsible mission and with the general prediction of failure, I entered 
 upon it calmly and deliberately with no fear of failure so long as I was 
 conscious of your cordial and energetic support. 
 
 This feeling was necessary for my success, and my usefulness will be 
 destroyed the moment this consciousness ceases. 
 
 The removal of Judge Lecompte became a necessity and "public 
 policy" will certainly justify it in the eyes of all right thinking men. 
 His peculiar entanglement in Kansas afi"airs and his partizan feeling 
 evinced on repeated occasions, destroyed his public usefulness and was a 
 great obstacle in the way of the recognition of the authority of the courts. 
 The collision between the Judge and myself must be judged in the light 
 of its Kansas surroundings P' 
 
 I deemed the act necessary (and upon the maturest reflection have 
 no reason to change the opinion then formed,) to prevent the rescue of 
 the Free-State prisoners and to preserve the peace of the territory. 
 
 1 Isaac Winston, United States marshal for Kansas Territory. 
 
 2 See "A Defense by Samuel D. Lecompte", in Kansas Historical Collections, 
 1903-1904 (Vril, 389 ff.). See also ibiil., VII, 375, note. 
 
 (350) 
 
OD 
 
 Documents 
 
 It will not do to apply the same rules to the government of an old, 
 well regulated state and to a Territory just emerging from an insurrection, 
 like a sleeping volcano ready to burst forth at any moment. An act 
 done in the one may be harmless, while in the other it would produce 
 an explosion. 
 
 All eyes were upon me, and the moment I evinced the slightest com- 
 plicity with either party, that moment the equilibrium was destroyed and 
 the peace endangered. 
 
 No arrests were supposed to be made without my agency, and all 
 discharges were attributed to me, as I had really resurrected the civil 
 authority. 
 
 The discharge of Hayes," after his arrest, through my agency, at 
 ■once placed me in a false position, and public confidence would have 
 been annihilated in the impartiality of my administration had I not 
 immediately repudiated all connection with the imprudent action of the 
 judge. 
 
 There is a matter in this case which should have some weight in the 
 question. The evidence before the Grand Jury was pointed to the fact 
 that Hayes was the very man who committed the horrid act for which a 
 pro-slavery Grand Jury found a true bill against him for murder in the 
 first degree ; and of this I was advised when I ordered the arrest. 
 
 The right to destroy i)roperty to prevent the spread of a conflagra- 
 tion has been traced to the highest necessity and the natural rights of 
 man independent of society or civil government. It is referred by 
 moralists and jurists to the same great principle which justifies the exclu- 
 sive appropriation of a plank in a shipwreck, though the life of another 
 be sacrificed j with the throwing overboard goods in a tem]:)est for the 
 safety of the vessel ; with the trespass upon the lands of another to 
 escape death by an enemy. 
 
 The common law adopts the principles of the natural law, and places 
 the justification of an act otherwise tortious precisely upon the same 
 ground of necessity. 
 
 Actual or strong apparent necessity must exist as the sole ground of 
 justification and the condiict of the individual must be regulated by his 
 own judgment as to the exigencies of the case. 
 
 Being the centre of almost hourly communication with every part of 
 the territory, and occupying an independent and impartial position, I had 
 access to sources of information entirely closed to others. My judgment 
 imperatively demanded the course of action I adopted, and I would have 
 been recreant to duty and self-convicted of all consequences, had I 
 evinced hesitation. 
 
 ' Charles Hays, a member of the band of Kickapoo Rangers, found guilty by a 
 grand jury of the murder of David C. Buffum near Lecompton, and discharged on bail 
 by Chief Justice Lecompte. See John H. Gihon, Geary and Kansas ( Philadelphia, 
 1866), 166-181, for a full though partizan account of this affair, showing the part taken by 
 Pierce and Geary. .See also Charles Robinson, The Ka)isas Conflnt (New York, 1S92), 
 339 and " A Defense by Samuel D. Lecompte", cited above. 
 
Some Papers of Franklin Pierce, 1852-1862 
 
 03- 
 
 The beneficial result of new and impartial officers will soon be 
 apparent to the country in the general recognition of law and respect for 
 the civil authority. 
 
 I desire especially that all officers coming here should be impressed 
 with the necessity of attending to their legitimate duties, entirely avoid- 
 ing partizan affiliations, as the best means of securing the respect of the 
 
 people. ^ , , u J 
 
 Judge Cunningham^ and Mr. Winston = (neither of whom 1 had 
 previously known,) seem to be "intelligent, thoroughly conservative 
 and right minded men". The benefit of their presence is already 
 apparent. I have heard favorable accounts of Messrs. Harrison' and 
 Spencer.* I wish you would send them here as soon as possible. 
 
 As I have always endeavored with all the ^lerritorial officers, so will I 
 continue, to "cultivate kind relations with Judge Cato " ^although I 
 re-ret that his associates have been anything but satisfactory. I am, 
 however, happy to be able to say that I have less objection to him than 
 to any of the old ofticers. 
 
 Last Tuesday was the day fixed by the Topeka State Constitution for 
 the meeting of the so-called Free-State Legislature. 
 
 In my last dispatch to the State Department I mentioned the pre- 
 cautionary measures which I had quietly taken in the matter. 
 
 I had also confidential agents at Topeka and other places and had 
 every assurance that no quorum would be present and that no business 
 would 'be transacted in the slightest manner conflicting with the terri- 
 torial government. Dr. Charles Robinson gave me assurances that he 
 would resign his Governorship, which he accordingly did, and he was 
 on his way to Boston upon the day of the meeting. W. Y. Roberts 
 the Lt: -Governor, I was informed would not attend, and Mr. Klotz,' 
 
 1 Thomas Cunningham, of Beaver County, Pennsylvania, appointed by Pierce No- 
 vember 19, 1856, to fill the vacancy occasioned by the death of Associate Justice J M. 
 Burrell He was an active Democrat and one of the electors for Buchanan. After look- 
 ing the ground over carefully, he resigned. Joseph Williams, of Iowa, was appointed as 
 his successor, June 3, 1857. 
 
 2 See note I, page 350. v, . . 
 
 3C O Harrison, of Kentucky, nominated by Pierce November 17, 1856, to supei- 
 sede Lecompte as chief justice, but not confirmed by the Senate, February 17, i^^S?- 
 See Kanms Historical Collections, VII, 332, note. , , . t- 
 
 * William Spencer, appointed by Pierce in 1856 as United States marshal of kansa. 
 Territory to succeed Israel B. Donalson. Ibid., IV, 657. 
 
 5 Sterling G. Cato, of Alabama, associate justice of the United States court for the 
 territory of Kansas. See ibid., IV, 555 ff., VIII, 390, note. 
 
 6 Colonel William Y. Roberts, of Pennsylvania. 
 
 V Robert Klotz, of Pennsylvania, who reached Pawnee in December, 1854, and 
 opened a hotel there, which, according to a local chronicler, usually had a niore ample 
 stock of "fluids" than of "solids". He superintended the construction of the ou.ldmg 
 erected for the use of the legislature. For some reason the early Kansas lawmakers 
 boycotted his hotel. Klotz was a member of the Topeka Constitutional Convention of 
 18=; ■; He later returned to Pennsylvania and was elected a member of the Forty-seventl. 
 Congress Philip C Schuyler was secretary of state under the Topeka Constitution, and 
 continued in this office until the dissolution of the Free-State organization. See Kansas 
 Historiiol Colli', tioiis, VII, 372. 
 
353 Documents 
 
 the Secretary of State, was in Pennsylvania. So you will perceive that 
 I had but. little occasion for apprehension. 
 
 To provide against all contingencies I had a reliable agent at Topeka, 
 to give me early notice of all movements, determining to repair there in 
 person in case my presence becam.e necessary. 
 
 Certain officious gentlemen in this place, under the impression and 
 with the wish that the Free-State men would resist as heretofore, and 
 thus furnish a pretext for renewed excitement, and in pursuance of a 
 scheme they had been nursing for a long time, through their agent Saml. 
 J. Jones, Ex. Shff : of this County,' made an information before Judge 
 Cato against some thirty-four members of the old Topeka Legislature for 
 usurpation of office on the 4th of March, 1856. Judge Cato issued a 
 warrant to Marshal Donaldson, whose Deputy, Pardee, proceeded alone 
 to Topeka, arrested twelve persons without the slightest resistance and 
 brought them to Tecumseh, where, waiving all examination, they were 
 held to bail in their own recognizance in the sum of Five Hundred 
 Dollars each. 
 
 The intelligent action of these Free-State men in promptly submitting 
 to the process of the Court entirely defeated this nefarious conspiracy to 
 disturb the peace of the Territory, placed its actors in a ridiculous light 
 and has excited a respect and sympathy for men heretofore regarded as 
 fanatics. The Free-State men now understand their true policy to be in 
 favor of peace, as even the color of disturbance here would prevent the 
 immense spring emigration and they are fully resolved to furnish no 
 pretext for disturbance. 
 
 The object of the meeting at Topeka, as I am reliably informed, was 
 to petition Congress for the repeal of the Kansas Statutes and the 
 reorganization of the Territory upon the Organic act with such additional 
 checks as the wisdom of Congress might suggest, and not to enact laws. 
 
 Judge Cato in the strongest terms condemned it to me, but remarked 
 in his own justification that "the information being made before him in 
 due form by a responsible man, it was his duty to issue the warrant ". 
 
 If this Topeka movement had not been noticed, it would have died 
 a natural death, as they failed to secure a quorum, and this imprudent 
 interference has furnished a plausible excuse for what would otherwise 
 have been a gross failure. They will not lose so good an opportunity to 
 write glowing letters, redolent with Kansas outrages and the violation of 
 Constitutional rights. 
 
 No real injury however to the interests of peace will result from this 
 ridiculous faux pas. 
 
 As I have informed you in former letters, there has almost from the 
 first, been a combination here (the leaders of which are Genl. Calhoun, 
 Sheriff Jones, with other lesser men at various points of this Territory, 
 and having their headquarters in Westport) to defeat my policy and to 
 create the impression that the existing peace is entirely illusive and with- 
 
 ' Douglas County. See ibid., ^'})'}„ note. 
 
Some Papers of Franklin Fierce, 18^2-1862 354 
 
 out solid foundations. Various expedients have been devised to precipi- 
 tate a collision between myself and the Pro-Slavery party and with this 
 view the most lying rumors had been put in circulation and the boldest 
 predictions of war proclaimed. 
 
 The Convention that was to meet in Leavenworth, assembled here 
 this evening, and before receiving the credentials of its members, a dis- 
 cussion ensued whether the body was to be termed " law and order " or 
 Pro-Slavery, and an amendment was carried that no person should be en- 
 titled to a seat in the Convention unless he was in favoj- of snaking Kansas 
 a Slave State. Genl. Clark, ^ Sheriff Jones, J. H. Stringfellow '-' and Jones ''* 
 of the Lecompton Union were the principal speakers. The resolution 
 was carried by few voices and met with no enthusiasm. 
 
 The Legislature organized to-day and I expect to transmit my mes- 
 sage as soon as I have proper notice of the organization. 
 
 I will exhaust all the resources of circumspection and prudence in 
 my official communications with parties in this Territory. I apprehend 
 no difficulty. I am fully resolved that the spirit and intention of the 
 Organic act shall be fairly carried out, and if needs be, I will use a vigor 
 of action sufficient to awe conspirators and preserve the peace. 
 
 With sentiments- of the highest respect, I remain, 
 
 Your friend 
 
 Jno. W. Geary. 
 
 XIV. Pierce's Cabinet to Franklin Pierce (Copy). 
 
 Washington 3 March, 1857. 
 Sir : 
 
 We are not willing to allow our common relation as members of your 
 Cabinet to cease without communicating the sentiments which the retro- 
 spect of intimate and long continued official association has left indelibly 
 impressed on our minds. 
 
 We have witnessed with satisfaction and respect the untiring devotion 
 to the public service, — the most ardent zeal for the good of the country, 
 — the purity of purpose, — and the scrupulous observance of constitu- 
 tional principles which has been manifested by you at all times and in all 
 circumstances. As the territory, population, wealth and power of the 
 Union continue to increase, so, in the same proportion do the cares and 
 responsibility of the administration of its government. Each successive 
 presidential period brings with it new events of national importance and 
 
 ^George W. Clark, United States government agent for the Pottawatomie Indians. 
 See letter of Geary, December 22, 1856, in tlie Rkvikw, October, 1904, 124-127. 
 Kansas Historical Collections, VI, 63-64. 
 
 ^Captain John \l. Stringfellow, of Virginia, a brother of Dr. B. F. Stringfellow, 
 and co-editor of the Squatter Savereii^n, which was established February 3, 1855, by 
 J. II. Stringfellow and Robert S. Kelley, at Atchison. They sold it in 1857 to an asso- 
 ciation of which Ex-Senator S. C. Porreroy was agent, find it became a Free. State paper. 
 .See Kansas Histoi'ical Collections, VII, 331-332, note. 
 
 ^ A. W. Jones and C. A. Faris establislied the Lc omplon Union, May 3, 1850, as 
 a pro slavery jiaper. 
 
355 Dociiincuts 
 
 consequent collision of interest or convictions. Ours are institutions of 
 free thought and speech. Every citizen participates in the conduct of 
 public affairs, and in the scrutiny and the judgment of public men. He, 
 therefore, who is highest in place and in functions, is, of necessity, pecu- 
 liarly subject amid the prejudices and the passions of the hour to encounter 
 blames when a better understanding of his motives and of his acts would 
 ensure commendation. We who have seen you most and with the fullest 
 opportunities of appreciation, know well how conscientiously you have 
 discharged the high trust devolved upon you, and we confidently believe 
 that, as time rolls on, the voice of impartial history will ratify our attesta- 
 tion of the integrity and patriotism of your exercise of the executive power 
 of the United States. 
 
 We desire also to express our grateful sense of the dignified courtesy 
 and considerate candor which has uniformly marked your deportment 
 towards us, both in the consultations of the Cabinet and in the business 
 of our respective Departments. This, while it has served to lighten our 
 official labor, and facilitate its performance, has efficiently contributed to 
 maintain a unity of administration, few examples of which occur in the 
 annals of the Republic. 
 
 With earnest regard and warm wishes for your health and happiness, 
 We have the honor to be, 
 
 Your sincere friends. 
 
 W. L. Marcv 
 
 JAMES GurHRIE 
 
 Jefferson Davis 
 j. c. dobhin 
 R. McClelland 
 James Campbell 
 c. cushing. 
 
 Franklin Pierce, 
 
 President of the United States. 
 
 XV. Franklin Pierce to Members of his Cabinet (Copy). 
 
 Washington March 4, 1857. 
 Gentlemen : 
 
 Your uninterrupted manifestation of personal friendship for me, dur- 
 ing the past four years leaves no occasion for reassurance of your cordial 
 regard now that we are about to separate. 
 
 I participate fully in the gratification which you express in refer- 
 ence to our daily intercourse happily undisturbed by any element of 
 discord and I shall ever hold in grateful appreciation the extent to which 
 my most severe and perplexing official labors have been lightened by 
 your unfailing and cheerful cooperation. 
 
 It will, I am sure, be an agreeable recollection to us all, that what- 
 ever else the Administration may have done or omitted to do, it has not 
 sought applause by the adoption of temporising expedients, nor immu- 
 nity from censure by the negative character of its policy and measures. 
 
Sonic Papers of Fran Jdin Pierce, 1852-1862 356 
 
 The violent assaults which it has encountered on the one hand, and the 
 zeal with which it has been defended on the other, are conclusive upon 
 the point that it has been one of positive good, or positive evil. 
 
 The exercise of the veto power on sundry occasions, involving, in 
 some instances, large individual pecuniary interests, and in others ques- 
 tions of public policy, of an exciting character; the discussion in annual 
 and special messages of controverted constitutional principles and of the 
 rights of the States under our system, have undeniably been a fruitful 
 source of complaint and vituperation. These were matters which alone 
 could be determined by my own conscience and judgment and in the re- 
 sponsibility of which no one could participate. 
 
 You may I think recur to the condition of the country during the 
 four years now about to close. It has concededly been a period of gen- 
 eral prosperity ; defalcation on the part of federal officers has been almost 
 entirely unknown ; the public treasury, with more than $20,000,000 con- 
 stantly on hand, has been free from the touch of fraud or peculation ; 
 long pending foreign questions have been amicably and advantageously 
 adjusted ; valuable additions have been made to our already vast domain ; 
 and peace has been maintained with all the nations of the earth and with- 
 out compromise of right or a stain upon the national honor. 
 
 Whatever of credit pertains to the Federal Executive in the accom- 
 plishment of these results, is attributable in great measure, to the fidelity, 
 laborious habits and ability of the heads of the different Departments. 
 
 In my final retirement from active participation in public affairs I 
 shall observe the career which awaits you individually, with the interest 
 of constant and unabated friendship. 
 
 Your friend, 
 
 Franklin Pierce. 
 
 Hon. Wm. L. Marcy 
 
 " James Guthrie 
 
 '' Jefferson Davis 
 
 " Jas C. Dobbin 
 
 " Robt McClelland 
 
 " James Campbell 
 
 " Caleb Cushing. 
 
 XVI. General G. T. Beauregard to Franklin Pierce. 
 
 New Orleans, March 5th, 1857 
 My dear General : 
 
 Permit a sincere friend upon your retirement from the Presidential 
 chair to congratulate you on the prosperous and favorable condition in 
 which you leave the country and the Government to your successor, not- 
 withstanding all the troubles and obstacles arising from the excitement 
 of the worst passions of the worst parts of our population you had to 
 contend with. 
 
 Let your opponents, enemies and false friends croak as they will. 
 History will give you ample credit for the ability firmness and fearless- 
 
357 Documents 
 
 ness you have displayed in the execution of your always responsible, and 
 at times very trying, duties. We of the South are or should be, everlast- 
 ingly grateful to you for the majily and independent course you adopted 
 when our sacred rights were about being trampled upon by an unscrupu- 
 lous and insolent majority in the lower House of Congress. 
 
 Shall we not have ere long the honor of a visit from you and your 
 estimable Lady? We would be proud and happy to be able to extend to 
 you both the Hospitalities of our good city. 
 
 That you may find in your retirement all the comforts and enjoy- 
 ments you are both so deservedly entitled to, is the hope and prayer of, 
 my dear General, 
 
 Your most sincere friend and seiv't, 
 
 G. T. Beauregard. 
 General Franklin Pierce, 
 
 Ex-president of the U. States, 
 Washington, D. C. 
 
 XVn. Jefferson Davis to Franklin Pierce. 
 
 Briersfield Mi. July 23, 1857. 
 My dear friend. 
 
 I had intended to have written to you some time since, but when I 
 returned from Jackson where our state convention met in the latter part 
 of June, I found my little boy quite sick and, as soon as he was able to 
 travel, hurried off to the sea-coast of Missi. where I left my wife and the 
 children for the summer. Little Jeff was well and Maggie and Mrs. Davis 
 in better health than when they left home. 
 
 During the session of the Convention a resolution was introduced 
 censuring Gov. R. J. Walker.^ An amendment w^as offered to include 
 Presidt. Buchanan, and a member^ proposed to extend the censure to 
 you; on the ground that he had learned from the U. S. Dist. Atty., 
 Isaacs,^ that you had made appointments for Kanzas with the design of 
 aiding the free-soilers and had sent out agents charged with your views 
 to oppose the introduction of slavery into that territory. I replied, when 
 subsequently called on to address the Convention. First stating what 
 had been reported to me, for I was not present when the remarks were 
 made and asking if I had been correctly informed. Upon being an- 
 swered in the affirmative I proceeded in terms less polite than just to 
 pronounce the statement untrue. An animated conversation ensued and 
 the position was changed to the statement that Mr. Isaacs had told him 
 (Mr. Archer) that certain persons Avho had come to Kanzas stated your 
 wish to be that Kanzas should be a free State. After ridiculing a charge 
 based upon the report of unknown persons of a conversation held with 
 another at a remote time and place, I said that of your personal prefer- 
 
 1 Robert James Walker, of Mississippi, appoiiUed by Ijiicbanan March 10, 1857, 
 as governor of Kansas, to succeed (Jeary. 
 
 ^ Archer. 
 
 ^See No. XII., Geary to Pierce, December 22, 1S56 Ami rican Historical Re- 
 view, X, 124-127, October, 1904. 
 
Sonic Papers of Franklin Pierce, 1852-1862 358 
 
 ences it was not for me to speak, nor in the present connection for them 
 to inquire but that he who charged you with using your executive func- 
 tions to aid the free-soilers in Kanzas uttered a slanderous falsehood, 
 which years of friendship and an intimate knowledge of your opinions 
 authorized me to denounce. 
 
 I said that Northern Democrats generally feared the political effect 
 of a pro-slavery constitution in Kanzas, that Southern Democrats had not 
 claimed that Northern Democrats should concur in their abstract opinions 
 in relation to African slavery, that he who recognized the rights we have 
 under the Constitution had done all which was essential, and when as in 
 your case his cordial support of those rights had brought upon him the 
 combined batteries of all our enemies that he was entitled to the support 
 of southern men, and instead of carping criticisms, to unstinted com- 
 mendation and unqualified approval. Mr. Archer is an extreme man, of 
 high personal respectability and great tenacity of purpose. He an- 
 nounced toward the close of the altercation that he would write to Mr. 
 Isaacs, and said he had been an ardent friend and suporter of yours until 
 he felt you. were not sincere, and that the report of certain persons had 
 been strengthened by the character of the governors sent to Kanzas by you. 
 
 The Convention was so entirely on my side that Mr. A. had little 
 attention and no support, and but for the threat to sustain his allegations 
 by writing to Mr. Isaacs and the possibility that the public would hear 
 of the matter again, I would not have disturbed you with this recital. 
 I'he attempt to make a distinction between you and myself was rejected 
 and with happy effect. I think the motive was friendship for Walker, 
 not hostility to you, and beyond the irritation of the occasion will not 
 be visited upon me. I add the last lest some report of a [word illegible] 
 correspondent should lead you to think otherwise. 
 
 Mrs. Davis and myself speculate on the chances of meeting Mrs. 
 Pierce and yourself again. We were much gratified to hear of her im- 
 proved health and trust a southern winter will confirm it. Your many 
 friends in this region expect a visit from you. 
 
 I thank you for your speech in Faneuil Hall, it was quoted by me in 
 my speech at Jackson. Your mode of saving the Union is substantially 
 the same as that proposed by Calhoun in his last speech in the Senate, a 
 concurrence which was hailed by the State's Rights Democracy, which 
 means all from whom you could accept anything in this community. 
 With love to Mrs. Pierce, I am as ever 
 Your friend, 
 
 Jeffn. Davis. 
 Presdt. Franklin Pierce. 
 
 XVIII, Chief Justice R. B. Taney to Franklin Pierce. 
 FouQUiER White Sulphur Springs, Aug. 29, 1857. 
 My Dear Sir : 
 
 You will see by the date of this letter that I am again at the place 
 where I had the pleasure of meeting you last summer, and I have met 
 
359 Documents 
 
 here again our old friend Mr. Taylor. We talk about you and Mrs. 
 Pierce when we meet, and when the mails come I look to see if the news- 
 papers say anything as to your whereabouts or of the health of Mrs. Pierce 
 and yourself. The last accounts represented you as in good health and 
 Mrs. Pierce as improving. I hope the report is true as to both. 
 
 You see I am passing through another conflict, much like the one 
 which followed the removal of the deposits, and the war is being waged 
 upon me in the same spirit and by many of the same men who distin- 
 guished themselves on that occasion by the unscrupulous means to which 
 they resorted. 
 
 At my time of life when my end must be near, I should have enjoyed 
 to find that the irritating strifes of this world were over, and that I was 
 about to depart in peace with all men and all men in peace with me. 
 Yet perhaps it is best as it is. The mind is less apt to feel the torpor 
 of age when it is thus forced into action by public duties. And I have 
 an abiding confidence that this act of my judicial life^ will stand the test 
 of time and the sober judgment of the country, as well as the political act 
 of which I have spoken. 
 
 Your successor has I think, a difficult time before him. Symptoms 
 of discord are already appearing. Feeling as I do the necessity of cordial 
 union among the friends of the administration in order to prevent the 
 government from falling to pieces, I am unwilling to find fault with the 
 present administration even when I cannot approve. Yet I must say to 
 you that I deeply regret the adoption of the principle of rotation in 
 office. 
 
 Its inevitable consequence will be to multiply the number of political 
 adventurers and trading politicians who are always ready to sacrifice the 
 public interests for their own individual profit, and our elections instead 
 of being contests for principles will in a short time become contests for 
 the emoluments of office, and influenced by mere mercenary motives. 
 The removal of persons who are opposed to the Administration by seek- 
 ing to displace it, stands on a very different principle. Indeed I never 
 could comprehend how a man of right principles and right feeling could 
 consent to hold an office under persons whom he thought it his duty to 
 oppose and was endeavoring to turn out. But the principle adopted by 
 the present administration is a very different one; is now, for the first 
 time, brought into the Government and will, I fear, do great mischief 
 
 I shall return to Washington about the 15th or 20th of September, 
 and hope that at some leisure moment you will let me hear from you. 
 And with my best regards to Mrs. Pierce, I am, dear sir, most respect- 
 fully and truly. 
 
 Your friend and servt., 
 
 R. B. Taney. 
 General Franklin Pierce, 
 
 Concord, New Hampshire. 
 
 P. S. Mr. Taylor, having understood that I was about writing you, 
 requests me to send his best regards. 
 
 1 The Dred Scott decision. 
 
Some Papers of Franklin Pierce, 18^2—1862 360 
 
 XIX. Jefferson Davis to Franklin Pierce. 
 
 Washington, D. C. Jany. 17, 1859. 
 My deal' friend. 
 
 Your letter relieved [nie] of an anxiety created by the absence of any 
 recent intelligence concerning you. We are dragging on here in a man- 
 ner significant of no good to the country. Each day renders me more 
 hopeless of effecting anything for the present or prospective benefit of 
 the country by legislation of Congress. Even more than heretofore 
 Members and Senators represent extreme opinions and may increase, but 
 cannot allay, the ferment which gave to them political life. I am grati- 
 fied by the view you take of my New England tour. The abolitionists 
 and the disunionists combined to assail me for the speeches made there. 
 I hope the Southern assailants have been scotched and the others may 
 rail on to their content. That tour convinced me that the field of use- 
 ful labor is now among the people and that temperate, true men could 
 effect much by giving to the opposite section the views held by the other. 
 The difference is less than I had supi)osed. 
 
 Your old friends in Missi have not forgotten you and are ready to 
 show their appreciation of you on the first occasion. Many said to me that 
 your renomination for the Presidency was their first wish and best hope. 
 
 Mrs. Davis was quite happy in our sojourn in Maine and at Boston 
 but often wished it could have been possible to have found Mrs. Pierce 
 at home. Our children have grown rapidly and the little girl is now 
 quite a companion to me when at evening I go home to forget the past 
 and postpone the future. 
 
 Clay ' and Fitzpatrick '' were happy to find you still remembered them 
 and both said they would write to you. I will send you some papers 
 which I hope may be more fortunate in their journey than were those of 
 last year. 
 
 Please give my kindest regards to Mrs. Pierce of whom we speak 
 often and to whose return we look with affectionate solicitude. You may 
 scold me roundly as I deserve for not writing to you more regularly, but 
 do not I pray you fail to give me credit for good resolves and do let me 
 hear from you as often as your convenience will allow. 
 
 As ever your friend, 
 
 Jeff" Davis. 
 
 XX. Jefferson Davis to Franklin Pierce. 
 
 Oakland, Allegheny Co., Md, Sept. 2, 1859. 
 My dear friend, 
 
 I am rejoiced to know that you are again at home and to learn 
 from your remarks at Boston that Mrs. Pierce is in better health. 
 
 Your letter from England^ was not received until after the date on 
 which you directed me to write to you at London. I consequently 
 
 1 Clement Claiborne Clay, elected United States senator from Alabama, 1853, re- 
 elected in 1859, withdrew 1861. Appletons' Cyclopedia of American Biography. 
 ^ Benjamin Fitzpatrick, United States senator from Georgia. I/>id. 
 3 Where he had gone for the benefit of .Mrs. Pierce's health in the spring of 1858. 
 
361 Doaunents 
 
 waited to hear further of your movements. We are here because of Mrs. 
 Davis' feeble health. She has not been well since last winter and this 
 place was selected because of mountain retreats it was the most accessible. 
 I returned from Missi. near to the last of July and have been seriously 
 ill, though now free of disease my strength has not been restored and 
 there is constant apprehension of a relapse. Please give our love to Mrs. 
 Pierce and assure her of our constant solicitude and desire to see her. 
 Maggie says she remembers you both and always loves you. Jeff is nearly 
 as large as Maggie and very stout. The infant (Joe) is more like Maggie 
 than Jeff. I hope we shall have the satisfaction of submitting them all 
 to your inspection at some future day and I will [not] trouble you now 
 with a description impartial though it would naturally be. Will you 
 make your once contemplated visit to the South this winter? 
 
 In reference to your views of your political position I will say that I 
 do not think you are called upon to make any disclaimer in relation to 
 the Charleston Convention. You would not under any circumstances 
 seek the nomination and I hope you will not obstruct the wish of your 
 friends, should circumstances indicate it, to use your name for the 
 nomination.' 
 
 In Missi. I am sure you are preferred above all others. The reason 
 is two-fold: first it is personal, which includes attachment and confi- 
 dence, second it arises from the fact that the opposition to your 
 administration was of a kind which would make the issue between the 
 Abolitionists and the friends of the Constitution as distinct as the most 
 ultra pro-slavery man could render it, without the draw-back which may 
 be felt on account of the fiction just now prevalent that the South desires 
 to reopen the African slave trade and to enact a slave code by Congress 
 to be enforced in the Territories, by federal power. 
 
 The decency and good sense of the people must revolt against the 
 low chicanery by which the Presidency is sought by certain ambitious 
 demagogues and the reaction will be favorable to a gentleman whose 
 self-respect and respect for the people have led him to withdraw from 
 public notice rather than obtrude himself upon the popular attention as 
 a candidate for the Presidency, an office which you will doubtless agree 
 
 ' There are among the Pierce papers several letters from prominent politicians of the 
 period in which inquiry is made as to the availability of Pierce as a candidate before the 
 Charleston Convention of i860. Some writers merely express the hope that I'ierce will 
 accept a renomination. Others warmly urge him to that course upon the ground that he 
 is the only man who can unite the Northern and Southern wings of the party and s^ve 
 the Union. 
 
 On September 22, 1859, in a letter writtfen from Andover, Mass., to Eli S. Shorter of 
 Eufala, Alabama, Pierce said : " I feel . . . that my public life is closed and have not a 
 single lingering desire that it should be otherwise. This and more my friends at the 
 North fully understand. They know that it would annoy me if I believed that my name 
 could come before the Charleston Convention under any possible combination of circum- 
 stances. Although some of my warm personal friends have been elected delegates in 
 Maine and Massachusetts and more probably will be in New England, I have reason to 
 believe that they will regard ray wishes in this relation." 
 
 AM. HIST. REV., VOL. X. — 24. 
 
Some Papers of FranJdin Pierce, 18^2-1862 362 
 
 with me, can never be properly filled by one who has sought it in the 
 mode and by the means known as electioneering. 
 
 Until we meet I will hope to hear from you often. Not knowing 
 wher-e to send this if you shall have left Boston I will request that it be 
 fordd. to you. With best wishes I am as ever very truly yr friend 
 
 Jeff^! Davis. 
 Excy. F. Pierce 
 
 XXI. Franklin Pierce to H. D. Pierce.' 
 
 Clarendon Hotel City of New York Dec' 21, 1S59 
 
 My dear Bi'otJier — 
 
 I hope you will feel a sufficient interest in us to desire to know how 
 we have progressed thus far on our journey. 
 
 After three or four weeks with our friends (the Masons) in Boston 
 very agreeably, we made pleasant visits of a week at Hartford and a week 
 at New Haven. 
 
 On Wednesday last we came to this City where we will remain till 
 this day week, (Saturday Jan-'' 7"') when we propose to embark for Nassau 
 in the Island of New Providence, one of the Bahama group. The climate 
 is represented to be very fine and we shall in the absence of bad weather 
 or bad luck reach the Island in four days. Frank had better find it on 
 the map and thus get a distinct idea of our geographical location. I am 
 sorry to say that in my intercourse with residents of this city or with 
 people casually here I have found nothing to quiet my apprehensions 
 with regard to the serious dangers which threaten the Union. Orders for 
 merchandize and for various articles of manufacture are being constantly 
 countermanded by the Southern people, social intercourse between the 
 North and the South and business arrangements also are being seriously 
 disturbed — and if the interruption becomes much more complete, pol'tical 
 relations cannot long be maintained. What the effect even of this inter- 
 ruption must be upon New England which depends to so great an extent 
 upon the intelligent application of ingenuity and industry to the mechanic 
 arts no well informed man can fail to foresee and no man whether well 
 informed or not will fail to feel. Disasterous as disruption would be to 
 all portions of the Country the blow will fall most heavily upon New 
 England so far as property and prosperity are concerned. Prosperity ! 
 there would be none, and property not enough to talk about. I5ut after 
 all the prostration of material interests would constitute but one of the 
 most inconsiderable elements in the general disaster. Under existing 
 circumstances I dej)lore the necessity, which calls me away from home. 
 The Union meetings^ are well so far as they go and for the present. But 
 
 1 His brother, of Hillsboro, New Hampshire. 
 
 2 The Boston Daily Courier for Friday, December 9, 1859, in giving an account of 
 the Union meeting in Faneuil Hall on the preceding evening, prints a long and interesting 
 letter of Pierce to the Executive Committee of Boston Citizens, dated Concord, December 
 7, 1859, giving his opinion of the John IJrown raid and of Abolition sentiment concerning 
 the raid. Soon afterward Clark, Fellows, and Company, of Boston, reprinted the Conner 
 of December 9 as a pamphlet, with an edition of 5,000 copies. A copy of this letter in 
 Pierce's handwriting is among the Pierce papers. 
 
^6^ Documents 
 
 if we cannot wrest political power from the hands of fanatical sectional- 
 ism, the speeches which have been made, the letters which have been 
 written and the resolutions which have been passed will not be worth the 
 paper on which they have been printed. If, for instance, sectionalism is 
 still to be dominant in N. H. and Connecticut when ihe only elections are 
 to be held next spring, the South will and may well take such results as 
 indicating that men, who mean to obey the Constitution in all its parts 
 not of one party, but of different parties have made an earnest struggle 
 for the right and were yet powerless. Can our people be roused to a sense 
 of duty and obligation before it is too late. Time alone can determine. 
 I shall write you again upon this subject and make some suggestions with 
 regard to your property and business. In the mean time bring the latter 
 into as narrow a compass and into a condition of perfect security, as you 
 can — and make no new purchases or contracts. You can show this letter 
 to Judge Potter' and to Genl. and John McNeiP but to nobody else. 
 
 Love to y. wife and the boys. 
 
 V affec' Brother 
 
 FR.4NKLIN Pierce 
 
 P. S. Do not fail to write me the day you receive this and direct to 
 this City. I have no time to reread and you may find it necessary to sup- 
 ply words but you will I hope make out the sense and mind it. 
 
 XXII. Jefferson Davis to Franklin Pierce. 
 
 Senate Chamber, Jan'y. 30, i860. 
 My dear friend, 
 
 We are yet as when you sailed talking in the Senate and wrangling 
 for organization in the House. There is a belief that Smith ^ an old line 
 Whig of North Carolina will be elected, but so many chickens have been 
 counted from eggs which proved addled that I have no confidence in the 
 prophecies of the House. 
 
 Govr. Dana of Me. is still here and much concerned lest our party 
 should be divided at Charleston. I have not been able to show him 
 how the question can be adjusted by "resolution", but have told him 
 of the only way I have seen and which is that of nominating the man 
 who will be accepted by both sections without a platform. 
 
 Yesterday we had our youngest boy christened Joseph Evans and 
 wished we could have had you and Mrs. Pierce to wish a " God speed " 
 on the journey of life. 
 
 Nicholson of Tenn.* is reading a speech need I say on what, do we 
 ever speak of anything but that over which we have no control, slavery 
 of the negro. 
 
 1 Judge C. E. Potter of New Hampshire, a relative of tlie President by marriage. 
 
 2 John H. McNeil, a brother-in-law of Pierce. 
 
 3 Representative William N. H. Smith. 
 ■• Senator Alfred O. P. Nicholson. 
 
3^5 Doniments 
 
 more and are disposed to rush- blindly on dangers which they feel are at 
 hand but do not appreciate ; others see in the crisis only the vulgar 
 struggle of the ins and outs, and have no fear of a catastrophe ; whilst a 
 few are willing to abandon the government to get rid of men who are 
 unfaithful to it. 
 
 I have never seen the country in so great danger, and those who 
 might protect it seem to be unconscious of the necessity. If our little 
 grog-drinking, electioneering Demagogue' can destroy our hopes, it must 
 be that we have been doomed to destruction. 
 
 Hoping soon to see you and in the meantime to hear from you fully, 
 I am, as ever Cordially your friend, 
 
 Jeffn. Davis. 
 To Presidt. F. Pierce. 
 
 XXIV. A Letter of Pierce on the Secession Movement. - 
 
 Concord, N, H., Nov. 23, i860. 
 My Dear Sir. 
 
 I, have just received your letter of the 21st and sympathize with all 
 you say with regard to the inestimable value of the Union. By letters, 
 by speeches, in private conversation, I have uttered for more than twelve 
 years words of warning against the heresies which have swept over the 
 North and culminated in the enactment of laws which are directly in the 
 the teeth of the clear provisions of the Constitution, in eleven slates. 
 
 But you know how futile have been all patriotic counsels. I have 
 desired to do just what you suggest, but the difficulty is to see just what 
 as an honest man I can say. 
 
 I have never desired to survive the wreck of the Union. With sub- 
 mission to the Providence of God, I do not desire to live to see the day 
 when the flag of my country, with all its stars in their places, will not 
 float at home and abroad. But when you ask me to interpose, then 
 comes this paralyzing fact that if I were in their places, after so manv 
 years of unrelenting agression, I should probably be doing what they 
 are doing. 
 
 It is not the election of Mr. Lincoln, per se, which has caused this 
 emphatic movement at the South. That election is beyond all doubt 
 Constitutional, but the people of the Southern States look beyond it to 
 see, if they can, what it implies. They see the great and powerful state 
 of Massachusetts electing by 35000 majority a man who justified the 
 armed invasion of Virginia last year\: and they believe that the people 
 of Massachusetts are acting deliberately. They see Mr. Lincoln elected 
 and they take his election as an endorsement of his opinion that we can- 
 not go on as we are, but must in the end be all free or all slave states. 
 Foolish, absurd and groundless as this view is and will always stand, the 
 
 ' Douglas. 
 
 ^ This letter is in the handwriting of Pierce, is unsigned and unaddressed, and bears 
 the indorsement, "Copy of letter not sent." 
 
 3 Governor John A. Andrew. 
 
Some Papers of Franklin Pierce, 18^2-1862 364 
 
 The prospect for our country is not less gloomy than when you left. 
 The condition in which Genl. Gushing said men should provide for 
 storm seems to be rapidly approaching. I will stand by the flag and up- 
 hold the Constitution whilst there is possibility of effecting anything to 
 preserve and perpetuate the govt, we inherited — beyond that my duty 
 and my faith binds me to Mississippi and her fortunes as she may shape 
 them. I hope on for the kind providence that has preserved us here- 
 tofore, and still labor at my [post ?] as a member of the general govt. 
 
 Please present ray kindest remembrances and most friendly wishes to 
 Mrs. Pierce. 
 
 Mrs. Davis would I know join me in these expressions of affection to 
 Mrs. Pierce and also to yourself. 
 
 Hoping to hear from you often, I am as ever, truly yrs. 
 
 ^ . . T- T^. Teffn. Davis. 
 
 Presidt. F. Pierce. ■' 
 
 XXIII. Jefferson Bavis to Frankun Pierce. 
 
 Washington D. C. June 13, i860. 
 My dear General, 
 
 Your welcome letter of the nth inst. relieved me of speculation of 
 your whereabouts as I have seen it stated in the newspapers that you were 
 about to go directly to New Hampshire, but had not found a verification 
 of the statement. It grieves me beyond expression to learn that Mrs. 
 Pierce is ill and Mrs. Davis joins me in expression of our sympathy and 
 affectionate regard. 
 
 We all deplore the want of unanimity as to the candidates among our 
 Southern friends and I do not see any satisfactory solution of the diffi- 
 culty. The darkest hour precedes the dawn and it maybe that light will 
 break upon us when most needed and least expected. 
 
 If your hope should be realized as to the action of the N. E. and 
 N. Y. delegation in relation to the delegates to be admitted from the 
 South, it will have a good effect, if they should otherwise decide in favor 
 of the spurious delegates, the Democratic party will become historic. 
 
 Our people will support any sound man, but will not vote for a 
 " squatter sovereignty " candidate any more than for a " free-soiler ". 
 
 If northern men insist upon nominating Douglas, we must be beaten 
 and with such alienation as leaves nothing to hope for in the future of 
 nationality in our organization. 
 
 I have urged my friends to make an honest effort to save our party 
 from disintegration as the last hope of averting ruin from the country. 
 They would gladly unite upon you, or Dallas and would readily be 
 brought to any one of like character and record. 
 
 I urged upon Mr. Minot ^ before he went to Charleston the evil efi"ect 
 of permitting N. H. to be mustered under the banner of Douglas, but it 
 was of no avail. Matters are now more complicated and men are more 
 unreasonable. Some are unwilling to go into the Convention at Balti- 
 
 1 James Minot, formerly Pierce's law partner, and later his executor. 
 
Sojuc Papers of Franklin Pierce, i8 52-1862 366 
 
 South takes his election as an endorsement of resistance to the law for the 
 return of fugitives from service of 185 i, and of the other heresy broadly 
 promulgated by him and Mr. Seward, referred to above, of an " irre- 
 pressible conflict ". 
 
 If our fathers were mistaken when they formed the Constitution, if 
 time has proved it, the sooner we are apart the better. I think it is all 
 false, all wrong. I have tried to make other people believe it, but in 
 vain.' How can I urge the men of the South to take a view I should not 
 take if I were there, a view which I do not take as a northern citizen 
 with all I have at slake here. It is vain to talk about eloquence and 
 appeals. Action, immediate action, on the part of the northern states 
 which have nullified the Constitution is what is wanted and just what we 
 cannot have. Is it not Mr. Wilson' who said his heel was upon the neck 
 of the South and [who is] accepted everywhere by the people of Massa- 
 chusetts ? Is not Mr. Sumner, who has said more offensive things than 
 that, equally accepted and applauded? Both are true — all is true, 
 which they allege with regard to our agressions on their Constitutional 
 rights. 
 
 XXV. Jefferson Davis to Franklin Pierce. 
 
 Washington, D. C, Jany. 20, 1861.. 
 My dear frietid : 
 
 I have often and sadly turned my thoughts to you during the troub- 
 lous times through which we have been passing and now I come to the 
 hard task of announcing to you that the hour is at hand which closes my 
 connection with the United States for the independence and union of 
 which my Father bled, and in the service of which I have sought to 
 emulate the example he set for my guidance. 
 
 Mississippi not as a matter of choice but of necessity, has resolved 10 
 enter on the trial of secession. Those who have driven her to this alter- 
 native threaten to deprive her of the right to require that her govern- 
 ment shall rest on the consent of the governed, to substitute foreign 
 force for domestic support, to reduce a state to the condition from which 
 the colony arose. In the attempt to avoid the issue which had been 
 joined by the country, the present administration has complicated and 
 precipitated the question. Even now if the duty " to preserve the pub- 
 lic property " was rationally regarded, the probable collision at Charles- 
 ton would be avoided. Security far better than any which the federal 
 troops can give might be obtained in consideration of the little garrison 
 at Fort Sumpter. If the disavowal of any purpose to coerce So. Ca. be 
 sincere, the possession of a work to command the harbor is worse than 
 
 useless. 
 
 When Lincoln comes in he will have but to continue in the path of 
 his predecessor to inaugurate a civil war and leave a soi-disant democratic 
 administration responsible for the fact. General Cushing^ was here last 
 week and when we parted it seemed like taking a last leave of a Brother. 
 
 1 Henry Wilson, colleague of Charles Sumner, as senator from Massachusetts. 
 ^ Caleb Cashing. 
 
367 Documents 
 
 I leave immediately for Mississippi and know not what may devolve 
 upon me after my return. Civil war has only horror for me, but what- 
 ever circumstances demand shall be met as a duty and I trust be so dis- 
 charged that you will not be ashamed of our former connection or cease 
 to be my friend. 
 
 I had hoped this summer to have had an opportunity to see you and 
 Mrs. Pierce and to have shown you our children. Mrs. Davis was sorely 
 disappointed when we turned southward without seeing you. I believe 
 she wrote Mrs. Pierce in explanation of the circumstances which pre- 
 vented us from executing our cherished plan of a visit to you when we 
 should leave West Point. 
 
 Mrs. Davis joins me in kind remembrance to Mrs. Pierce and the 
 expression of the hope that we may yet have you both at our country 
 home. Do me the favor to write me often. Address Hurricane P. O., 
 Warren County, Miss. 
 
 May God bless you is ever the prayer of your friend 
 
 Jeffn. Davis. 
 President F. Pierce. 
 
 XXVI. Franklin Pierce to Bishop Carlton Chase. ^ 
 
 HiLLSBORO, May 6, 1861. 
 My dear Sir, 
 
 The perusal of your cordial note of the 22nd. inst. afforded me great 
 satisfaction. The condition of our country, superinduced to a great ex- 
 tent by the wrong and persistent moral aggression of the North, but to a 
 still greater extent by the arrogant rashness of the South, is to the last 
 degree deplorable. What is to become of the republic, seems to me, to 
 be beyond the grasp of human wisdom. 
 
 We cannot subjugate the Southern States, if we would. The idea 
 that they can subjugate the Northern, Middle and Northwestern States, 
 is simply preposterous. And yet in the face of these propositions, to 
 which all intelligent minds assent, the masses of the jjeople on both sides 
 are apparently hurried forward against the plainest dictates of reason and 
 humanity, as if stricken with judicial madness. 
 
 I enjoy the memories which you express of my venerated father and 
 reciprocate your desire for the honest grasp of the hand, especially in a 
 time like this. 
 
 I am glad our hearts, and if need be, our hands, are likely to go to- 
 gether in the fearful emergency which confronts us. The loss of life is 
 much. The want of those who depend for their daily bread upon their 
 daily labor is much. The loss of property, so far as I am concerned, is 
 nothing. But the loss of my country — the overthrow of what I esteem 
 the last hope of civil liberty is fearful. 
 
 1 Episcopalian bishop, consecrated first bishop of New Hampshire in 1844. Was 
 rector for twentj-four years in Bellows Falls, Vt. ; later was rector in Claremont, N. H. 
 
Sonic Papers of Franklin Pierce, 1 8 52-1862 368 
 
 If I can I will, in a week or two see you at Claremont. If this may 
 
 not be 
 
 Believe me truly, Your friend. 
 
 Bishop Carlton Chase, Franklin Pierce. 
 
 Claremont, N. H. 
 
 XXVII. Chief Justice R. B. Taney to Franklin Pierce. 
 
 Washington June 12, 1861. 
 
 My dear sir : 
 
 I left Baltimore before your kind letter reached that city and it has 
 
 been forwarded to me here. 
 
 Your cordial approbation of my decision in the case of the Habeas 
 Corpus has given me sincere pleasure. In the present state of the public 
 mind inflamed with passion and seeking to accomplish its object by force 
 of arms, I was sensible of the grave responsibility which the case of J hn 
 Merryman cast upon me. But my duty was plain— and that duty re- 
 quired me to meet the question directly and firmly, without evasion — 
 whatever might be the consequences to myself. 
 
 The paroxysm of passion into which the country has suddenly been 
 thrown, appears to me to amount almost to delirium. I hope that it is 
 too violent to last long, and that calmer and more sober thoughts will 
 soon take its place : and that the North, as well as the South, will see 
 that a peaceful separation, with free institutions in each section, is far 
 better than the union of all the present states under a military govern- 
 ment, and a reign of terror preceded too by a civil war with all its hor- 
 rors, and which end as it may will prove ruinous to the victors as well as 
 the Vanquished. But at present I grieve to say passion and hate sweep 
 everything before them. 
 
 Accept, dear sir, the highest respect and best wishes of 
 
 Your friend and servt. 
 
 R. B. Taney. 
 
 Franklin Pierce, Ex-President of the U. S. 
 Concord, New Hampshire. 
 
 XXVIII. Franklin Pierce to Honorable James A. Pearce.' 
 
 Concord N. H. January 15. 1862 
 My dear Sir — 
 
 I read with unusual interest and satisfaction, the debate, which 
 occurred in the Senate on the 16"'/ ul.'., upon the resolution of Mr Trum- 
 bull,= and desire to express my thanks for the sentiments and thoughts, 
 which the occasion elicited from you. 
 
 1 Senator from Maryland. 
 
 20n December 12, 1861, I,yman Trumbull, senator from Illinois, introduced the 
 following resolution : " Resolved, That the Secretary of State be directed to inform the 
 Senate whether, in the loyal States of the Union, any person or persons have been arrested 
 and imprisoned and are now held in conHnement by orders from him or his Department ; 
 and if so under what law said arrests have been made, and said persofis imprisoned." 
 Congressional Globe, 37 Congress, 2 Session, Part I, 67. For the debat^ referred to, see 
 ibid. , 90 ft'. / 
 
369 Docituicnts 
 
 My convictions and sympathies are with you thoroughly, when you 
 say, " I do not believe that it (imprisonment upon letires dc cachet) 
 promotes the purposes of those, who desire to see this union brought 
 together again, an object, to me, of all others the most desirable, if it be 
 possible." In my estimation the mover of the enquiry deserves the 
 gratitude of freemen everywhere, and only utters truth with force, when 
 he declares, that, "the power, without charge, without examination, 
 without opportunity of reply, at the click of the telegraph, to arrest a 
 man in a peaceable portion of the Country and imprison him " is "of 
 the essence of despotism." And yet, the public mind thus far, would 
 seem to have been scarcely more roused, by current events of this char- 
 acter, than it was years ago, when we received accounts of similar incar- 
 cerations, ordered by the father, of the now deposed King of the Two 
 Sicilies. How incredible it will appear hereafter, when history shall be 
 written up, that at this period of the Republic, the constitutional safe- 
 guards of personal liberty, could have been so easily and with so little 
 apparent concern, swept away. 
 
 The Secretary of State,' on the 20''' ul.'., four days after the debate in 
 which you participated, addressed an official note to me, which serves to 
 illustrate, in a striking manner, the slight grounds, or rather the ground- 
 less suspicions, upon which, in these times, citizens are liable to suffer in 
 reputation, if not in loss of liberty. I replied without delay, and so far 
 as I am personally affected, may, I trust, well leave the matter, in quiet- 
 ness, upon the files of the Department. It is my belief, however, that 
 no recent measure, has been fraught with more mischief, than the issuing 
 of lettres de cachet, and consequent arrests and imprisonments in viola- 
 tion of the provisions of the Constitution ; and that the earlier the system 
 is effectually checked, the better it will be, for the Government and the 
 Country, as well as for the subjects of oppression. The evidence is 
 abundant to show, that the plea of necessity, except in the presence or 
 immediate neighbourhood of hostile armies, where the administration of 
 law, under its usual forms, maybe inevitably suspended, is not graciously 
 accepted by the mass of the people. Union, without security for per- 
 sonal liberty, is not the Union, which they have cherished and to the 
 restoration of which they look, with earnest desire and hope. Nothing, 
 perhaps, could express more clearly their views, on this point, than the 
 language of the great modern historian, who died, at a comparatively 
 recent period, leaving his work incomplete. In tracing the successive 
 steps in the progress of British liberty, he says, "We have been taught 
 by long experience, that we cannot without danger, suffer any breach of 
 the Constitution to pass unnoticed " — "As we cannot, without the risk 
 of evils, from which imagination recoils, employ physical force as a check 
 on misgovernment, it is evidently our wisdom to keep all constitutional 
 checks on misgovernment in the highest state of efficiency, to watch with 
 jealousy the first beginnings of encroachment, and never to suffer irregu- 
 
 1 Seward. 
 
J 
 
Some Papers of Franklin Pierce, 18^2-1862 370 
 
 larities, even when harmless in themselves, to pass unchallenged, lest they 
 acquire the force of precedents." Who in our land will affirm, that any 
 other doctrine is worthy of those, who hold their rights under a solemn 
 written charter? It is cheering to know, that enquiry has been moved 
 in the right quarter, and that able and fearless men are stirred by a sense 
 of what is due to our fellow-citizens, who have been imprisoned, without 
 assignment of cause and discharged without explanation ; and yet more 
 to such as are still in confinement and, precluded by guards and prison 
 doors from the privilege of the great writ of liberty, and thus from con- 
 fronting, before a competent judicial tribunal, imputation, which the act 
 of imprisonment itself implies. Of this latter class, I believe from my 
 knowledge of the men, are not a few worthy sons of Maryland, who love 
 the union, as you do, and who have striven, not to destroy, but to pre- 
 serve it. If free from any taint of crime, as I take them to be, they will 
 derive unfailing capacity for endurance, from consciousness, that they 
 have never nourished their manly strength to strike stout blows at the 
 foundations, which the fathers laid, that they have never participated in 
 lines of action or in startling utterances calculated to encourage aggres- 
 sion upon the rights and institutions of Sovreign States, to foster sectional 
 distrust and animosity, or to inaugerate conflict between different parts 
 of the Confederation, and thus to weaken unity of feeling, interest and 
 purpose. If, on the other hand, they are guilty, the law will inflict 
 adequate punishment, whatever that may be, as it should do. But how 
 long is such durance, without a hearing, to be their allotment ? 
 
 I am, very truly, 
 
 Y.'; friend 
 
 Franklin Pierce 
 Hon James A. Pearce 
 U. S. Senate 
 
 Washington D. C. 
 
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