Fillmore Among Presidents Who Juggled Balance Between Free and Slave States

This folk art campaign banner for Millard Fillmore’s failed 1856 bid for the presidency sold for $11,950 at a June 2013 Heritage auction.

By Jim O’Neal

On his final day in office, President James Polk wrote in his diary: “Closed my official term of President of the United States at 6am this morning.”

Later, after one last stroll through the silent White House, he penned a short addendum: “I feel exceedingly relieved that I am now free from all public cares. I am sure that I will be a happier man in my retirement than I have been for 4 years ….” He died 103 days later, the shortest retirement in presidential history and the first president survived by his mother. His wife Sarah (always clad only in black) lived for 42 more lonely years.

Fillmore

The Washington, D.C., that greeted his successor, General Zachary Taylor (“Old Rough and Ready”), still looked “unfinished” – even after 50 years of planning and development. The Mall was merely a grassy field where cows and sheep peacefully grazed. The many plans developed in the 1840s were disparate projects. Importantly, the marshy expanse south of the White House was suspected of emitting unhealthy vapors that were especially notable in the hot summers. Cholera was the most feared disease and it was prevalent until November each year when the first frost appeared.

Taylor

Naturally, the affluent left the Capitol for the entire summer. Since the Polks had insisted on remaining, there was a widespread belief that his death so soon after departing was directly linked to spending the presidential summers in the White House. The theory grew even stronger when Commissioner of Public Buildings Charles Douglas proposed to regrade the sloping fields into handsome terraces under the guise of “ornamental improvement.” Insiders knew the real motive was actually drainage and sanitation to eliminate the foul air that hung ominously around the White House. (It’s not clear if Donald Trump’s campaign promise to “drain the swamp” was another effort or a political metaphor.)

President Taylor was inaugurated with a predictable storm of jubilation since his name was a household word. After a 40-year career in the military (1808-1848), he had the distinction of serving in four difference wars: War of 1812, Black Hawk War (1832), Second Seminole War (1835-1842), and the Mexican-American War (1846-1848). By 1847, Taylormania broke out and his picture was everywhere … on ice carts, tall boards, fish stands, butcher stalls, cigar boxes and so on. After four years under the dour Polk, the public was ready to once again idolize a war hero with impeccable integrity and a promise to staff his Cabinet with the most experienced men in the country.

Alas, a short two years later, on July 9, 1850, President Taylor became the second president to die in office (William Henry Harrison lasted 31 days). On July 4, after too long in the hot sun listening to ponderous orations and too much ice water to cool off, he returned to the White House. It was there that he gorged on copious quantities of cherries, slathered with cream and sugar. After dinner, he developed severe stomach cramps and then the doctors took over and finished him off with calomel opium, quinine and, lastly, raising blisters and drawing blood. He survived this for several days and the official cause of death was cholera morbus, a gastrointestinal illness common in Washington where poor sanitation made it risky to eat raw fruit and fresh dairy products in the summer.

Vice President Millard Fillmore took the oath of office and spent the rest of the summer trying to catch up. Taylor had spent little time with his VP and then the entire Cabinet submitted their resignations over the next few days, which Fillmore cheerfully accepted. He immediately appointed a new Cabinet featuring the great Daniel Webster as Secretary of State. On Sept. 9, 1850, he signed a bill admitting California as the 31st state and as “a free state.” This was the first link in a chain that became the Compromise of 1850.

The Constitutional Congress did not permit the words “slave” or “slavery” since James Madison thought it was wrong to admit in the Constitution the idea that men could be considered property. In order to get enough states to approve it, it also prohibited Congress from passing any laws blocking it for 20 years (1808), by which it was assumed slavery would have long been abandoned for economic reasons. However, cotton production flourished after the invention of the cotton gin and on Jan. 1, 1808, President Thomas Jefferson signed into law that “Congress will have the power to exterminate slavery from our borders.”

This explains why controlling Congress was key to controlling slavery, so all the emphasis turned to maintaining a delicate balance whenever a new state was to be admitted … as either “free” or “slave.” Fillmore thus became the first of three presidents – including Franklin Pierce and James Buchanan – who worked hard to maintain harmony. However, with the election of Abraham Lincoln in 1860, it was clear what would happen … and all the Southern states started moving to the exit signs.

A true Civil War was now the only option to permanently resolving the slavery dilemma and it came with an enormous loss of life, property and a culture that we still struggle with yet today. That dammed cotton gin!

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Webster Certainly Belongs on the List of Our Greatest Senators

This 1853-dated bronze statue of Daniel Webster, measuring 29.75 inches, sold for $11,950 at a March 2008 auction.

By Jim O’Neal

American poet Stephen Vincent Benét (1898-1943) is perhaps best known for his book-length narrative poem “John Brown’s Body” (1928), about the Civil War abolitionist who raided the armory at Harpers Ferry in 1859. Brown and a group of 20-plus co-conspirators captured several buildings and weapons they hoped to use to start a slave uprising.

U.S. Army Lieutenant Robert E. Lee led a contingent of Marines to quell the insurgency. Brown was captured, tried for treason and hanged. Harpers Ferry was at a busy crossroads, at the confluence of the Potomac and Shenandoah rivers, and was the site of at least eight skirmishes while changing hands several times during the Civil War.

Benét also authored “The Devil and Daniel Webster” (1936), a fictional story about a farmer who sells his soul to the devil (Mr. Scratch) and then refuses to pay up even after receiving a three-year extension on the agreement. Benét has Webster defend him in court due to his prodigious real-life record as a famous lawyer, statesman and orator. There are many other films, books and stories about similar Faustian-type bargains, but the use of Daniel Webster was a brilliant choice due to his superior debating skills and outstanding oratory.

In Benét’s trial, despite overwhelming evidence, the jury finds in favor of Mr. Webster’s client.

In virtually every aspect, the real-life Daniel Webster (1782-1852) was almost a true larger-than-life character, at least in American politics and especially in the formative era between 1812 and the Civil War. He played a critical role in virtually every significant issue confronting the new United States government.

Webster had no equal as an orator, either in those turbulent times or in the 200 years since then. Whether in the Supreme Court (240-plus cases), the U.S. Senate, or out on the political stump, he was simply the finest; a golden-tounged spellbinder. He enthralled audiences three to four hours at a time, always in defense of the Union and the sacred U.S. Constitution.

He generated almost god-like respect and was universally considered to be a cinch to be president; particularly in his own mind. His weakness was aligning with the Whigs and a seemingly improvident inability to manage personal finances (and alcohol, as usual). He was also an elitist at a time when Andrew Jackson’s brand of populism was growing, much like the present. He was often referred to as “Black Dan” because of his political conniving.

He missed a perfect chance to be president by refusing to run as vice president in 1840 with William Henry Harrison, who defeated Martin Van Buren but died 31 days after his inauguration.

1841 was the first “Year of Three Presidents.” It began with the defeated Van Buren, followed by Harrison, and then Vice President John Tyler, who had himself sworn in immediately as president after a brief Constitutional crisis following Harrison’s death.

This phenomenon occurred again in 1881. After Rutherford B. Hayes finished his term, new President James A. Garfield took over. When Garfield succumbed to an assassin’s bullet in September, VP Chester A. Arthur moved into the White House … this time with little controversy.

So Daniel Webster never realized his ambition to become president, but any time there is a discussion about our greatest senators, you may be assured that Daniel Webster will be on everyone’s Top 5, along with Henry Clay and John C. Calhoun … two more who never quite got to wear the Presidential Crown. Sadly, we do not have any actual recordings of these great orators, but it is tantalizing to think of them in today’s contemporary politics and to judge them in this age of new media.

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chairman and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Only Four Presidents Never Appointed a Supreme Court Justice

An 1840 silk banner depicting William Henry Harrison realized $33,460 at a May 2010 Heritage auction.

By Jim O’Neal

When Donald Trump’s appointee fills the Supreme Court vacancy created by the death of Justice Antonin Scalia, the chief executive will escape from a small group of presidents who did not appoint a single nominee confirmed by the Senate. Trump’s pick will join the other 117 justices, 17 chief justices and four women who have served on the court.

Presidents without a Supreme Court appointee:

  • William Henry Harrison (1841) – Died only 31 days after being inaugurated.
  • Zachary Taylor (1849-50) – Died 16 months after inauguration.
  • Andrew Johnson (1865-69) – Victim of a hostile Congress that blocked several nominees.
  • Jimmy Carter (1977-81) – The only president to serve a full term with no vacancies during his four years in office.

It seems clear that the Founding Fathers did not spend a lot of time considering the importance of the Supreme Court as an equal branch of government. That would come later during the tenure of Chief Justice John Marshall, who many credit with providing the balance to ensure that our fragile democracy survived.

One example is there are no legal or constitutional requirements for a federal judgeship. There does exist an unwritten prerequisite to have practiced law or to have been a member of the bar, but it is not mandatory. As a matter of historical record, no non-lawyer has ever been a member of the Supreme Court – and it is a virtual certainty that none ever will.

And, although the methodology for judicial appointments was subject to intense debate, the criteria for such appointments was apparently not a matter of significance. Those few delegates who did raise the issue of criteria did so by assuming merit over favoritism. Congress also did not foresee the role political parties would very soon come to play in the appointment and confirmation process.

Only John Adams clearly anticipated the rise of political parties but, of course, he was not a member of the Constitutional Committee. He summarized it rather well: “Partisan considerations, rather than the fitness of the nominees, will often be the controlling consideration of the Senate in passing on nominations.”

I suspect they would all be disappointed by the dramatic, partisan “gotcha” grilling that nominees face today.

Personally, I would prefer the old process the Scots used to select Supreme Court justices. The nominations came from the lawyers, who invariably selected the most successful and talented members of the legal community. This effectively eliminated their most fierce competition, which then allowed them to solicit their best customers. The court would then truly be assured of getting the best-of-the best, while the profession competed for clientele.

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chairman and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Death has Taken Eight Presidents, Yet Nation has Survived

Few items were produced to honor John Tyler’s presidency. This Tyler presidential silk ribbon sold for $6,250 at a May 2014 Heritage auction.

By Jim O’Neal

John Tyler was the first person to become president of the United States without being elected to that office. He had been elected vice president in 1840 and when President William Henry Harrison died 31 days after being inaugurated, Tyler became president. However, it was not without controversy, since the Constitution was not explicit on the transition of powers in the event of death.

President Harrison’s Cabinet had met one hour after his death and determined that Tyler would be “vice president acting president.” Others, like former President John Quincy Adams and Henry Clay, argued the vice president should become a caretaker until the next election under the title “acting president.”

Even Tyler’s selection as vice president had not been broadly popular, but the office was considered so inconsequential that there was not much interest. All of the previous nine presidents had served their entire terms of office. Perhaps New York newspaper publisher Thurlow Weed summed it up best: “Tyler was finally selected since no one else would take it.”

However, Tyler moved quickly and arranged to take the presidential oath of office in his hotel room and then simply asserted his legal right to be president. This maneuver worked, but his time in office was rocky and generally unproductive. His entire Cabinet resigned (except Secretary of State Daniel Webster). The Congressional Whigs booted him out of the party and overrode one of his vetoes (a historical first). A man without a party, he went home when his term ended in 1845, turning the keys over to James Polk.

The idea of “one heartbeat away from the presidency” became a factor in future vice president selections, although in 1940, Franklin Delano Roosevelt ignored it when he chose Henry Agard Wallace for his running mate. This caused an uproar at the Democratic Convention and the boos and catcalls were so prevalent that Wallace decided not to make the traditional acceptance speech. He relied on FDR to ram his nomination through by making veiled threats not to run a third time.

Fortunately, in 1944, FDR dropped Wallace from the Democratic ticket and replaced him with Harry S. Truman. Eighty-two days later, FDR was dead and Vice President Truman took his place. Most historians agree that the post-war period would have turned out significantly different had this mundane change not occurred.

The presidency has changed eight times due to the death of a president and so far, we are still the most remarkable country in the history of the world!

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chairman and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

As Civil War Loomed, Buchanan Failed to Act, Assumed the Worst

James Buchanan Carte de Visite Signed
This James Buchanan carte de visite, signed and dated September 1866, sold for $6,572.50 at a February 2010 Heritage auction.

By Jim O’Neal

James Buchanan was elected to the U.S. Senate in 1834 and represented Pennsylvania for 11 years during the administrations of presidents Jackson, Van Buren, Harrison and Tyler. He turned down offers to serve as U.S. attorney general for Van Buren and an appointment to the Supreme Court by Tyler. After campaigning for Polk in the election of 1844, he finally accepted the position of secretary of state, since it seemed like a clear path to the presidency.

This was a bad decision and when he and President Polk could not agree on major issues, Buchanan would complain to a friend, “My life is that of a galley slave.”

Buchanan then failed to win the Democratic nomination in 1848 and 1852, but at the age of 62, was given the post of U.S. Minister to Great Britain. There, he gained unexpected notoriety when he secretly joined with other ministers (Pierre Soulé in Spain and John Mason in France) to draft the infamous “Ostend Manifesto,” which proposed to buy Cuba from Spain. If Spain refused, then “we shall be justified in wresting” the island from its owners … a strong inference of war.

Cuba was especially important to Southern Democrats since it was primarily a plantation-slave economy based on sugar and having it as a state would add two senators and nine members to the House of Representatives. However, anti-slave Northerners were not about to go to war with Spain to add more slave states to the Union and the effort was easily defeated.

At the Democratic National Convention in Cincinnati in June 1856, Buchanan bounced back, winning the nomination and then the election.

Two days after Buchanan was sworn in as president, the Supreme Court handed down the Dred Scott decision, which affirmed the right of slave owners to take their slaves into Western territories. This bolstered Buchanan’s belief that slavery was rooted in the Constitution and could not be legislated out of existence; it was an issue for each state to decide.

Then came the Panic of 1857, which was caused by the failure of Ohio Life Insurance Company of Cincinnati. The sudden demise of a once-solid institution touched off a wave of bank runs across the nation that plunged the nation into a deep economic depression. Many railroads failed due to over-expansion as did many state banks that were operating under flimsy regulations. The only areas that were unaffected were the cotton-growers exporting to England (and they needed more slaves to expand production).

It was clear that the slavery issue would lead directly to a civil war and James Buchanan was too inept or unwilling to provide leadership to avoid one. He just assumed the worst and declared that he “would be the last president of a United States.”

Fortunately, he was wrong, but it would take four long years and 620,000 dead Americans to prevent it.

Jim O'NielIntelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is President and CEO of Frito-Lay International [retired] and earlier served as Chairman and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Van Buren’s ‘Palatial’ White House Not Popular with Voters

martin-van-buren-large-oval-sulfide-brooch
This Martin Van Buren oval sulfide brooch with the slogan “The Country Demands his Re-election,” sold for $12,500 at a September 2015 Heritage auction.

By Jim O’Neal

Martin Van Buren achieved the unique distinction of holding the offices of state senator and attorney general of New York, U.S. senator, governor of New York, U.S. secretary of state, vice president and then president.

However, he was never able to win popular support for himself or his policies at the national level.

The nation’s first major economic depression, the Panic of 1837, was undoubtedly the primary cause for undermining his popularity, although he was not responsible for the causation. Nearly a century later, another president, Herbert Hoover, would suffer nearly the same unfortunate fate.

Van Buren was the first president to be born an American citizen (1782) and he became adroit at behind-the-scenes political maneuvers. Yet, the general impression of him was that he was snobbish, autocratic and a conniver (“The Fox”). Van Buren became an obvious target for the poison darts of the Whigs as they characterized him as the antithesis of Andrew Jackson’s common-man philosophy.

Van Buren did little to combat criticism of this kind and in some respects even seemed to encourage it in his use of the White House. Adverse comments on the high style of living and aristocratic pretension in the WH increased each year of his presidency. By 1840, newspaper slurs on Van Buren as a princely pretender escalated and the continuing agony of the Panic made good copy in the Whig press.

On the afternoon of April 14, 1840, the House of Representatives sat as a committee to hear a prepared address by Charles Ogle, a Whig from Somerset, Pa., on the subject of President Van Buren and his “palatial” White House. One of the president’s supporters refuted the allegation, but then Ogle unleashed a dramatic rebuttal. This time he kept the house floor for three days and by the second day, the galleries were packed with spectators. This highly unusual attack made Ogle famous and printed copies of his remarks were circulated, first around the Capitol and then nationally by most newspapers. It was a devastating indictment of a president.

Martin Van Buren was too seasoned a politician to lose his temper, but his detachment from the storm of protest against him by the Whigs surprised even his closest friends.

When it came time for the 1840 election, the Whigs took a cue from the Jacksonians of 1828 and drafted a common-man hero – General William Henry Harrison. By then, sentiment had turned against Van Buren and he was defeated. A record number of citizens voted, 2.5 million, with Van Buren losing by 150,000. In the Electoral College, it was worse, with Harrison capturing 19 of the 26 states.

For all the bitterness of the campaign, Van Buren was determined not to be a poor loser. He not only witnessed Harrison’s oath-taking, but was among the first to shake his hand. The “Little Magician” offered every courtesy, gaining the admiration of a skeptical press. He left Washington by train. However, it was not his intention to be gone forever. He would try to regain the presidency in the next two elections.

Despite his efforts, he would never live in the White House again.

Jim O'NielIntelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is President and CEO of Frito-Lay International [retired] and earlier served as Chairman and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Zachary Taylor was First President Elected With No Political Experience

zachary-taylor-half-plate-daguerreotype-from-the-taylor-family
A half-plate daguerreotype of Zachary Taylor circa 1844, once owned by the Taylor family, sold for $47,800 at a November 2010 Heritage auction.

By Jim O’Neal

The Washington, D.C., that said farewell to James Polk in 1849 and greeted General Zachary Taylor was similar to many American cities with a combination of town and pasture. However, even after 50 years, it still looked unfinished. Pennsylvania Avenue was the principal commercial street, lined with buildings from the Capitol to the White House. But beyond, it was a town of monotonous red brick houses interspersed with seas of grass.

There were schemes for improving public lands in various places, but only one was significant to the White House. The marshy expanse to the south was believed to give off vapors, especially in the summer. In 1849, the most feared disease was cholera – particularly from May to November when the first frost quelled it. Those who could afford it left town for the summer and President Polk’s insistence on staying probably contributed to his early demise.

Taylor was the first president elected to office with no political experience. He was ill-prepared for the politics and problems involved. Like William Henry Harrison, Taylor was chosen by the Whigs as their presidential candidate solely because he was a war hero. Taylor spent 40 years in the Army, fighting Indians and winning glory in the war with Mexico. He was called “Old Rough and Ready” by his men. He preferred civilian clothes to military uniforms, even in battle. Short and plump, he had none of the appearance of a military hero and had to be given a leg-up when he mounted a horse.

Taylor was inaugurated in March 1849 and as he moved from the Capitol to the WH, the police had trouble holding back the throngs. Nodding and smiling, he waved his hat and seemed approachable, if not particularly presidential. Those who got a close look found him heavy and scruffy, his face deeply wrinkled, gray hair tousled. After four years of the dour Polk, the public was eager to idolize someone friendly.

But Taylor was an odd hero. Lacking the presence of General Jackson or General Harrison, he looked more the Louisiana planter he was in private life. The general had become president at age 64 and was considered an old man. The hope was that he would prevail through the sheer force of his prestige. Plus, Taylor’s greatest asset was his integrity, which he wore like a medal. Voters seem to have willingly accepted that he would allow his advisers to run the government. It seemed logical to have a chain of command with an honest, experienced general at the head.

The strategy failed since their hero-president provided little leadership and Democrats controlled Congress. The Taylor family circle included few intimates with one notable exception: Senator Jefferson Davis of Mississippi. He had been their son-in-law after he married the second-eldest Taylor daughter in 1835, but she died three months later of cholera.

Then it was suddenly 1850, a most pivotal year and possibly the last chance to prevent a civil war. The slavery issue came to a boil and debates raged in Congress over allowing the people of California and New Mexico to determine their own status. Perhaps with a different president, a workable solution could have held the Union together, but Taylor scorned compromises.

On July 4, 1850, at the laying of the cornerstone of the Washington Monument, President Taylor remained in the hot sun for many hours and became ill. He died five days later. The winds of war only became fiercer and there was nobody on either side who could temper them.

Next stop: an all-out Civil War that would come close to permanent disunion.

Jim O'NielIntelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is President and CEO of Frito-Lay International [retired] and earlier served as Chairman and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

President Tyler’s Extreme Use of His Veto Alienated Political Leaders

president-john-tyler
As vice president, John Tyler assumed the presidency after William Henry Harrison’s death shortly after taking office. Tyler served the remaining three years and 11 months of Harrison’s term.

By Jim O’Neal

The election year of 1844 found President John Tyler in the awkward position of having no political party willing to nominate him for re-election. Tyler’s extreme use of his veto pen had alienated the Whigs, who were exasperated with his stubbornness and unwillingness to negotiate.

Earlier in February, the president, his cabinet members and several hundred prominent individuals (including Dolley Madison) were on the new steam-powered warship the USS Princeton when a gun’s celebratory shot exploded. When the smoke cleared, eight men lay dead, including Secretary of State Abel Upshur, Secretary of the Navy Thomas Gilmer and ex-New York Senator David Gardiner.

Tyler ordered the bodies taken to the White House and laid in state in the East Room, where the funerals were held before burial in the Congressional Cemetery. Gardiner’s daughter Julia had been carried from the ship by President Tyler and chose to stay on at the White House to fully recuperate. Tyler’s first wife Letitia was the first First Lady to die in the White House and the president struck up a relationship with (the now-wealthy) Julia Gardiner. They were married four months later on June 16, 1844, causing quite a stir in the social circles of Washington. Tyler was 54 and Julia was 30 years younger. Over the years, she would bear seven children to join the eight from the earlier marriage.

Meanwhile, the Democratic National Convention in Baltimore was deadlocked between Martin Van Buren and Lewis Cass of Michigan. Then they received word that James Knox Polk was former President Andrew Johnson’s choice and so “Young Hickory” Polk was picked unanimously on the ninth ballot. When Polk’s nomination was flashed from Baltimore to Washington by Samuel F.B. Morse’s telegraph – the first official use of this new communication tool – Washington observers were sure the instrument had failed because the news was not plausible. Henry Clay, the Whig nominee, sarcastically asked, “Who is James K. Polk?”

It was a close contest, but Polk became the first “Dark Horse” candidate to win and the only Speaker of the House (ever) to be elected president. The 49-year-old Polk was also the youngest man to ever become president – to that time – when he took the oath of office on a rainy March 4, 1845. However, three days earlier on March 1, Congress passed a joint House-Senate resolution approving the annexation of Texas and Tyler signed it. And on his last day in office, Tyler also signed legislation admitting Florida as the 27th state.

On the same day, March 3, Congress mustered enough votes (two-thirds in each house) to override one of Tyler’s vetoes … the first time in history a presidential veto had been overridden. Immediately after Polk’s inauguration, Tyler and his family left for Virginia. Two days later, the Mexican minister to Washington filed a protest, calling the annexation of Texas an “act of aggression.” Mexico broke off diplomatic relations and the Mexican War soon followed.

Welcome to Washington, Mr. President.

Jim O'NielIntelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is President and CEO of Frito-Lay International [retired] and earlier served as Chairman and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].