A Compilation of the Messages and Papers of the Presidents: Tyler by Compiled by James D. Richardson

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The communication of this treaty is now made to the end that suitable
measures may be adopted to give effect to the first article thereof,
which provides for the distribution among the claimants of the sum of
$300,000, thereby stipulated to be paid.

JOHN TYLER.

[The same message was sent to the Senate.]

WASHINGTON CITY, _March 26, 1844_.

_To the Senate of the United States_:

I transmit herewith copies of the report and papers[114] referred to in
a resolution of the Senate of the 20th of February last.

JOHN TYLER.

[Footnote 114: Relating to the survey of the harbor of St. Louis.]

WASHINGTON, _March 26, 1844_.

_To the House of Representatives of the United States_:

I submit for the consideration of Congress the accompanying
communication from A. Pageot, minister plenipotentiary _ad interim_ of
the King of the French, upon the subject of the tonnage duties levied
on French vessels coming into the ports of the United States from
the islands of St. Pierre and Miquelon, and proposing to place our
commercial intercourse with those islands upon the same footing as now
exists with the islands of Martinique and Guadaloupe, as regulated by
the acts of the 9th of May, 1828, and of the 13th of July, 1832. No
reason is perceived for the discrimination recognized by the existing
law, and none why the provisions of the acts of Congress referred to
should not be extended to the commerce of the islands in question.

JOHN TYLER.

WASHINGTON, _March 27, 1844_.

_To the Senate_:

I transmit herewith a communication from the Secretary of the Treasury,
to whom I had referred the resolution of the Senate of the 27th December
last, showing that the information[115] called for by that resolution
can not be furnished from authentic data.

JOHN TYLER.

[Footnote 115: Statement of the expenditures of the Government each year
from its organization up to the present period, and when and for what
purpose these expenditures were made.]

WASHINGTON, D.C., _April 9, 1844_.

_To the House of Representatives_:

In compliance with a resolution of the House of Representatives of
the 23d of March last, requesting the President to lay before the House
"the authority and the true copies of all requests and applications upon
which he deemed it his duty to interfere with the naval and military
forces of the United States on the occasion of the recent attempt of the
people of Rhode Island to establish a free constitution in the place
of the old charter government of that State; also copies of the
instructions to and statements of the charter commissioners sent to him
by the then existing authorities of the State of Rhode Island; also
copies of the correspondence between the Executive of the United States
and the charter government of the State of Rhode Island, and all the
papers and documents connected with the same; also copies of the
correspondence, if any, between the heads of Departments and said
charter government or any person or persons connected with the said
government, and of any accompanying papers and documents; also copies
of all orders issued by the Executive of the United States, or any of
the Departments, to military officers for the movement or employment
of troops to or in Rhode Island; also copies of all orders to naval
officers to prepare steam or other vessels of the United States for
service in the waters of Rhode Island; also copies of all orders to the
officers of revenue cutters for the same service; also copies of any
instructions borne by the Secretary of War to Rhode Island on his visit
in 1842 to review the troops of the charter government; also copies of
any order or orders to any officer or officers of the Army or Navy to
report themselves to the charter government; and that he be requested
to lay before this House copies of any other papers or documents in
the possession of the Executive connected with this subject not above
specifically enumerated," I have to inform the House that the Executive
did not deem it his "duty to interfere with the naval and military
forces of the United States" in the late disturbances in Rhode Island;
that no orders were issued by the Executive or any of the Departments
to military officers for the movement or employment of troops to or in
Rhode Island other than those which accompany this message and which
contemplated the strengthening of the garrison at Fort Adams, which,
considering the extent of the agitation in Rhode Island, was esteemed
necessary and judicious; that no orders were issued to naval officers to
prepare steam or other vessels of the United States for service in the
waters of Rhode Island; that no orders were issued "to the officers of
the revenue cutters for said service;" that no instructions were borne
by "the Secretary of War to Rhode Island on his visit in 1842 _to review
the troops of the charter government_;" that no orders were given to any
officer or officers of the Army or Navy to report themselves to the
charter government; that "requests and applications" were made to the
Executive to fulfill the guaranties of the Constitution which impose on
the Federal Government the obligation to protect and defend each State
of the Union against "domestic violence and foreign invasion," but the
Executive was at no time convinced that the _casus foederis_ had arisen
which required the interposition of the military or naval power in the
controversy which unhappily existed between the people of Rhode Island.
I was in no manner prevented from so interfering by the inquiry whether
Rhode Island existed as an independent State of the Union under a
charter granted at an early period by the Crown of Great Britain or not.
It was enough for the Executive to know that she was recognized as a
sovereign State by Great Britain by the treaty of 1783; that at a later
day she had in common with her sister States poured out her blood and
freely expended her treasure in the War of the Revolution; that she was
a party to the Articles of Confederation; that at an after period she
adopted the Constitution of the United States as a free, independent,
and republican State; and that in this character she has always
possessed her full quota of representation in the Senate and House of
Representatives; and that up to a recent day she has conducted all her
domestic affairs and fulfilled all her obligations as a member of the
Union, in peace and war, under her _charter government_, as it is
denominated by the resolution of the House of the 23d March. I must be
permitted to disclaim entirely and unqualifiedly the right on the part
of the Executive to make any real or supposed defects existing in any
State constitution or form of government the pretext for a failure to
enforce the laws or the guaranties of the Constitution of the United
States in reference to any such State. I utterly repudiate the idea,
in terms as emphatic as I can employ, that those laws are not to be
enforced or those guaranties complied with because _the President_ may
believe that the right of suffrage or any other great popular right
is either too restricted or too broadly enlarged. I also with equal
strength resist the idea that it falls within the Executive competency
to decide in controversies of the nature of that which existed in Rhode
Island on which side is the majority of the people or as to the extent
of the rights of a mere numerical majority. For the Executive to assume
such a power would be to assume a power of the most dangerous character.
Under such assumptions the States of this Union would have no security
for peace or tranquillity, but might be converted into the mere
instruments of Executive will. Actuated by selfish purposes, he might
become the great agitator, fomenting assaults upon the State
constitutions and declaring the majority of to-day to be the minority
of to-morrow, and the minority, in its turn, the majority, before whose
decrees the established order of things in the State should be
subverted. Revolution, civil commotion, and bloodshed would be the
inevitable consequences. The provision in the Constitution intended for
the security of the States would thus be turned into the instrument
of their destruction. The President would become, in fact, the great
_constitution maker_ for the States, and all power would be vested
in his hands.

When, therefore, the governor of Rhode Island, by his letter of the
4th of April, 1842, made a requisition upon the Executive for aid to
put down the late disturbances, I had no hesitation in recognizing the
obligations of the Executive to furnish such aid upon the occurrence of
the contingency provided for by the Constitution and laws. My letter
of the 11th of April, in reply to the governor's letter of the 4th, is
herewith communicated, together with all correspondence which passed at
a subsequent day and the letters and documents mentioned in the schedule
hereunto annexed. From the correspondence between the Executive of the
United States and that of Rhode Island, it will not escape observation
that while I regarded it as my duty to announce the principles by which
I should govern myself in the contingency of an armed interposition on
the part of this Government being necessary to uphold the rights of the
State of Rhode Island and to preserve its domestic peace, yet that the
strong hope was indulged and expressed that all the difficulties would
disappear before an enlightened policy of conciliation and compromise.
In that spirit I addressed to Governor King the letter of the 9th of
May, 1842, marked "private and confidential," and received his reply
of the 12th of May of the same year. The desire of the Executive was
from the beginning to bring the dispute to a termination without the
interposition of the military power of the United States, and it will
continue to be a subject of self-congratulation that this leading
object of policy was finally accomplished. The Executive resisted
all entreaties, however urgent, to depart from this line of conduct.
Information from private sources had led the Executive to conclude that
little else was designed by Mr. Dorr and his adherents than mere menace
with a view to intimidation; nor was this opinion in any degree shaken
until the 22d of June, 1842, when it was strongly represented from
reliable sources, as will be seen by reference to the documents herewith
communicated, that preparations were making by Mr. Dorr, with a large
force in arms, to invade the State, which force had been recruited in
the neighboring States and had been already preceded by the collection
of military stores in considerable quantities at one or two points. This
was a state of things to which the Executive could not be indifferent.
Mr. Dorr speedily afterwards took up his headquarters at Chepachet and
assumed the command of what was reported to be a large force, drawn
chiefly from voluntary enlistments made in neighboring States. The
Executive could with difficulty bring itself to realize the fact that
the citizens of other States should have forgotten their duty to
themselves and the Constitution of the United States and have entered
into the highly reprehensible and indefensible course of interfering so
far in the concerns of a sister State as to have entered into plans of
invasion, conquest, and revolution; but the Executive felt it to be its
duty to look minutely into the matter, and therefore the Secretary of
War was dispatched to Rhode Island with instructions (a copy of which is
herewith transmitted), and was authorized, should a requisition be made
upon the Executive by the government of Rhode Island in pursuance of
law, and the invaders should not abandon their purposes, to call upon
the governors of Massachusetts and Connecticut for a sufficient number
of militia at once to arrest the invasion and to interpose such of the
regular troops as could be spared from Fort Adams for the defense of the
city of Providence in the event of its being attacked, as was strongly
represented to be in contemplation. Happily there was no necessity for
either issuing the proclamation or the requisition or for removing
the troops from Fort Adams, where they had been properly stationed.
Chepachet was evacuated and Mr. Dorr's troops dispersed without the
necessity of the interposition of any military force by this Government,
thus confirming me in my early impressions that nothing more had been
designed from the first by those associated with Mr. Dorr than to excite
fear and apprehension and thereby to obtain concessions from the
constituted authorities which might be claimed as a triumph over the
existing government.

With the dispersion of Mr. Dorr's troops ended all difficulties.
A convention was shortly afterwards called, by due course of law, to
amend the fundamental law, and a new constitution, based on more liberal
principles than that abrogated, was proposed, and adopted by the people.
Thus the great American experiment of a change in government under the
influence of opinion and not of force has been again crowned with
success, and the State and people of Rhode Island repose in safety under
institutions of their own adoption, unterrified by any future prospect
of necessary change and secure against domestic violence and invasion
from abroad. I congratulate the country upon so happy a termination of
a condition of things which seemed at one time seriously to threaten the
public peace. It may justly be regarded as worthy of the age and of the
country in which we live.

JOHN TYLER.

PROVIDENCE, _April 4, 1842_.

The PRESIDENT OF THE UNITED STATES.

SIR: The State of Rhode Island is threatened with domestic violence.
Apprehending that the legislature can not be convened in sufficient
season to apply to the Government of the United States for effectual
protection in this case, I hereby apply to you, as the executive of
the State of Rhode Island, for the protection which is required by the
Constitution of the United States. To communicate more fully with you
on this subject, I have appointed John Whipple, John Brown Francis, and
Elisha R. Potter, esqs., three of our most distinguished citizens, to
proceed to Washington and to make known to you in behalf of this State
the circumstances which call for the interposition of the Government
of the United States for our protection.

I am, sir, very respectfully, your obedient servant,

SAM. W. KING,
_Governor of Rhode Island_.

PROVIDENCE, _April 4, 1842_.

The PRESIDENT OF THE UNITED STATES.

SIR: For nearly a year last past the State of Rhode Island has been
agitated by revolutionary movements, and is now threatened with
domestic violence.

The report[116] of a joint committee of both branches of the legislature
of this State, with an act[116] and resolutions[116] accompanying the
same, herewith communicated, were passed unanimously by the senate, and
by a vote of 60 to 6 in the house of representatives. The legislature
adjourned to the first Tuesday of May next.

[Footnote 116: Omitted.]

It has become my duty by one of these resolutions to adopt such measures
as in my opinion may be necessary in the recess of the legislature to
execute the laws and preserve the State from domestic violence.

The provisions of the said act "in relation to offenses against the
sovereign power of this State" have created much excitement among that
portion of the people who have unequivocally declared their intention to
set up another government in this State and to put down the existing
government, and they threaten, individually and collectively, to resist
the execution of this act. The numbers of this party are sufficiently
formidable to threaten seriously our peace, and in some portions of the
State, and in this city particularly, may constitute a majority of the
physical force, though they are a minority of the people of the State.

Under the dangers which now threaten us, I have appointed John Whipple,
John Brown Francis, and Elisha R. Potter, esqs., three of our most
distinguished citizens, to proceed to Washington and consult with you in
behalf of this State, with a view that such precautionary measures may
be taken by the Government of the United States as may afford us that
protection which the Constitution of the United States requires. There
is but little doubt that a proclamation from the President of the United
States and the presence here of a military officer to act under the
authority of the United States would destroy the delusion which is now
so prevalent, and convince the deluded that in a contest with the
government of this State they would be involved in a contest with the
Government of the United States, which could only eventuate in their
destruction.

As no State can keep troops in time of peace without the consent of
Congress, there is the more necessity that we should be protected by
those who have the means of protection. We shall do all we can for
ourselves. The Government of the United States has the power to
_prevent_ as well as to defend us from violence. The protection provided
by the Constitution of the United States will not be effectual unless
such precautionary measures may be taken as are necessary to prevent
lawless men from breaking out into violence, as well as to protect the
State from further violence after it has broken out. Preventive measures
are the most prudent and safe, and also the most merciful.

The protective power would be lamentably deficient if "the beginning
of strife," which "is like the letting out of waters," can not be
prevented, and no protection can be afforded the State until to many
it would be too late.

The above-named gentlemen are fully authorized to act in behalf of
the State of Rhode Island in this emergency, and carry with them
such documents and proof as will, no doubt, satisfy you that the
interposition of the authority of the Government of the United States
will be salutary and effectual.

I am, sir, very respectfully, your obedient servant,

SAM. W. KING,
_Governor of Rhode Island_.

APRIL 9, 1842.

MY DEAR SIR:[117] Will you do me the favor to see the committee from
Rhode Island as soon after the meeting of the Cabinet as may suit your
convenience?

[Footnote 117: Addressed to the President of the United States.]

I regret to learn from Mr. Francis that the leaning of your mind was
decidedly against any expression of opinion upon the subject, upon the
ground that _free suffrage_ must _prevail_. Undoubtedly it will. That
is not the question. The freeholders of Rhode Island have yielded that
point, and the _only_ question is between their constitution, providing
for an extension of suffrage, and ours, containing _substantially_ the
_same_ provision--whether their constitution shall be carried out by
_force of arms without_ a majority, or the present government be
supported _until_ a constitution can be agreed upon that will command
a majority. Neither their constitution nor ours has as yet received a
majority of the free white males over 21 years of age. _There is no
doubt upon that subject_, and I very much regret that your mind should
have been influenced (if it has) by the paper called the Express. Nearly
all the leaders who are professional men have abandoned them, on the
ground that a majority is not in favor of their constitution. I _know_
this to be true. I do hope that you will reconsider this vital question
and give us a full hearing before you decide.

With great respect, very truly and sincerely, yours,

JOHN WHIPPLE.

His Excellency JOHN TYLER,

_President of the United States_:

The undersigned, having been deputed by Samuel W. King, the governor
of the State of Rhode Island, to lay before you the present alarming
condition in which the people of that State are placed, and to request
from you the adoption of such prudential measures as in your opinion may
tend to prevent domestic violence, beg leave most respectfully to state
the following among the leading facts, to which your attention is more
particularly invited:

That the people of Rhode Island have no fundamental law except the
charter of King Charles II, granted in 1663, and the usage of the
legislature under it. Legislative usage under their charters has been
decided by the Supreme Court of the United States to be the fundamental
law both in Connecticut and Rhode Island.

That from the date of the Rhode Island charter down to the year 1841, a
period of nearly two hundred years, no person has been allowed to vote
for town or State offices unless possessed of competent estates and
admitted free in the several towns in which they resided.

That since the statute of 1728 no person could be admitted a freeman of
any town unless he owned a freehold estate of the value fixed by law
(now $134) or was the eldest son of such a freeholder.

That until the past year no attempt has been made, to our knowledge, to
establish any other fundamental law, by force, than the one under which
the people have lived for so long a period.

That at the January session of the legislature in 1841 a petition signed
by five or six hundred male inhabitants, praying for such an extension
of suffrage as the legislature might in their wisdom deem expedient to
propose, was presented.

That, influenced by that petition, as well as by other considerations,
the legislature at that session requested the qualified voters, or
freemen, as they are called with us, to choose delegates at their
regular town meetings to be holden in August, 1841, for a convention
to be holden in November, 1841, to frame a written constitution.

That the result of the last meeting of this legal convention in
February, 1842, was the constitution[118] accompanying this statement,
marked ----, which, in case of its adoption by the people, would have
been the supreme law of the State.

[Footnote 118: Omitted.]

Most of the above facts are contained in the printed report of a
numerous committee of the legislature at their session in March, 1842,
which report was adopted by the legislature.

That in May, 1841, after said legal convention had been provided for
by the legislature, and before the time appointed for the choice of
delegates by the qualified voters (August, 1841), a mass meeting was
held by the friends of an extension of suffrage at Newport, at which
meeting a committee was appointed, called the State committee, who were
authorized by said mass meeting to take measures for calling a
convention to frame a constitution.

That this committee, thus authorized, issued a request for a meeting
of the male citizens in the several towns to appoint delegates to the
proposed convention.

That meetings (of unqualified voters principally, as we believe) were
accordingly holden in the several towns, unauthorized by law, and
contrary to the invariable custom and usage of the State from 1663 down
to that period; that the aggregate votes appointing the delegates to
that convention were, according to their own estimate, about 7,200,
whereas the whole number of male citizens over 21 years of age, after
making a deduction for foreigners, paupers, etc., was, according to
their own estimate, over 22,000.

That this convention, thus constituted, convened in Providence in
October, 1841, and the constitution called the "people's constitution"
was the result of their deliberations.

That at subsequent meetings of portions of the people in December, 1841,
by the authority of this convention alone (elected, as its delegates had
been, by about one-third of the voters, according to their own standard
of qualification), all males over 21 years of age were admitted to vote
for the adoption of the people's constitution; that these meetings were
not under any presiding officer whose legal right or duty it was to
interpose any check or restraint as to age, residence, property, or
color.

By the fourteenth article of this constitution it was provided that
"this constitution shall be submitted to the people for their adoption
or rejection on Monday, the 27th of December next, and on the two
succeeding days;" "and every person entitled to vote as aforesaid who
from sickness or _other causes_ may be unable to attend and vote in the
town or ward meetings assembled for voting upon said constitution on the
days aforesaid is requested to write his name on a ticket, and to obtain
the signature upon the back of the same of a person who has given in his
vote, as a witness thereto, and the moderator or clerk of any town or
ward meeting convened for the purpose aforesaid shall receive such vote
on either of the three days next succeeding the three days before named
for voting for said constitution."

During the first three days about 9,000 votes were received from the
hands of the voters in the open meetings. By the privilege granted
to any and all friends of the constitution of _bringing into_ their
meetings the _names_ of voters during the three following days 5,000
votes more were obtained, making an aggregate of about 14,000 votes.

This constitution, thus originating and thus formed, was subsequently
declared by this convention to be the supreme law of the land. By its
provisions a government is to be organized under it, by the choice of
a governor, lieutenant-governor, senators and representatives, on the
Monday preceding the third Wednesday in April, 1842.