:.:~! .. ~{ ~~. The bill t . MONDAY, MARcH 5, 1849. 

h o establish th H 

as become law h . . e orne Department 

after a long 'd avmg passed the Senate 

debate; and a' n:: uo~s and rather stormy 

has thus been addeda~ t~aluable Department 0 . e Government. 

-Datly Nationallntellig March 5, 184.9 encer 

Creation of the 

Department of 

tfie Interior 

March3,1849 

r Creation of the, 

Department of 

ffie Interior 

March3,1849 

L 
President James K. Polk (1848) 
I 

Early Efforts To Establish 

A Home Department 

I n 1789, during a Congressional debate, John Vining of 

Delaware led an unsuccessful effort to create a Home Department for the new government under the Constitution. 

That same year, Congress created three Executive Departments: State or Foreign Affairs, Treasury, and War. 

It also provided for an Attorney General and a Postmaster 

General. 

Washington's first Cabinet consisted of Secretary of 

State Thomas Jefferson, Secretary of the Treasury Alexander 

Hamilton, Secretary of War Henry Knox, Attorney General 

Edmund Randolph, and Postmaster General Samuel Osgood. 

The Attorney General first became a full-fledged member of 

the Cabinet in 1814 and the Postmaster .General in 1829. 

Congress established the Navy Department in 1798 and its 

Secretary was made a Cabinet officer. 

In the early history of the Nation, duties that belonged 

in a Home, or Internal Affairs, Department were apportioned by Congress among other departments. Thus, Secretary of State Jefferson found the bulk of hi.s time was taken 

up by domestic matters, particularly in the disposition of 

patents and operations of the Mint. 

The idea of setting up a separate department to handle 

domestic matters was put forward on numerous occasions 

during and after Washington's time. President Washington 

suggested that a special bureau or department would be 

useful to look after agricultural matters. 

~ ~ 
Thomas Jefferson 
II 

Shortly before the War of 1812, a House Committee 

appointed to study operations and organization of the Patent 

Office suggested the propriety of establishing a distinct 

Home Department. 

After the War of 1812, pressing administrative problems 

brought renewed proposals for a Home, or Interior, Department. The Senate, in a move to relieve the situation, instructed Department heads to submit a joint plan for 

administrative reform. The Secretaries replied in 1816 with 

a proposal to improve fiscal management, create a solicitorship of the Treasury, and establish a Home Department. 

The Cabinet report of 1816 (also known as the "Report 

of the Four Secretaries''), recommended that the new Home 

Department supervise territorial governments, construction 

of Federal highways and canals, and the Post Office. Patent 

Office and Indian Office. 

President Madison praised the Cabinet suggestions and 

urged creation of a new executive department to assume 

duties that were overburdening existing departments and 

other responsibilities not tied to any department. 
Robert J. Walker 
III 

In January 1817, Senator Nathan Sanford of New York 

reported to the Senate a bill to establish a Home Department 

along the lines recommended by the Four Secretaries, but 

the effort was unsuccessful. 

Interest in creating a Home Department lagged during 

the next decade. Various efforts to establish a Home Department were made between 1827 and 1849, but none proved 

successful until Secretary of the Treasury Robert J. Walker 

in December 1848 put before Congress his carefully conceived plan to establish the Department of the Interior. 

This vignette is about that effort-and success-especially March 3, 1849, the last day of the 30th Congress, when 

the Senate in a dramatic night session approved a Housepassed bill to create the Department of the Interior to take 

charge of the Nation's internal affairs. 
A flurry of wintry blasts greeted Members of Congress as they 

sloshed through rain, sleet, and snow to the final session of the 30th 

Congress Saturday, March 3, 1849. 

Gathered in an atmosphere of frenzied activity, the Senate and 

House wrestled with such important measures as annual appropriations bills, Statehood for California, and a proposal to create the 

Department of the Interior. 

Historians have pointed out that it was an unlikely time to establish a new department of government and they probably are correct, 

because James K. Polk, a Democrat, was President while the Whigs 

dominated the House and were strong in the Senate. 

Some of the Nation's most illustrious orators were on the Senate 

floor that day-among them Daniel Webster, Jefferson Davis, John C. 

Calhoun, and James M. Mason-briskly debating whether to establish 

the Department of the Interior. 

After much maneuvering and lengthy debate, the Senate late in 

the evening of March 3 approved a House-passed measure and rushed 

it to the Vice President's room at the Capitol. There, as midnight 

neared, President Polk. signed the measure that ended efforts dating 

back 60 years to establish a Federal department for internal affairs. 

1 
John C. Calhoun 
Treasury Department in the 1840s 

Writing on the issue in 1936, Harold L. Ickes, a long-time Secretary of the Interior (1933-46), said' the six-decade delay in establishing the department was due mainly to "States' rights and the ever 

occurring problem of expenditures in government.'' 

In setting up the new Department, Congress. transferred to it the 

General Land Office from the Treasury Department, the Patent Office 

from the State Department, and the Bureau of Indian Affairs and 

Pension Office from the War Department. 

The Department alsD was assigned responsibility for supervision 

of the Commissioner of Public Buildings, the Board of Inspectors, the 

Warden of the Penitentiary of the District of Columbia, the Census 

of the United States, the accounts of marshals and other officers of 

the United States courts, and of lead and other mines in the United 

States. 

The Department of the Interior came into being from a need to 

provide adequate administrative machinery to handle increased 

responsibilities arising out of the Mexican War, duties that were to 

involve three of Interior's four major divisions. None of this work 

was a new phase of Government activity, but the Department later 

experienced a decided increase in functions, undertaking wholly new 

types of responsibility and raising such new Cabinet units as the 

Departments of Agriculture, Commerce, and Labor. 

Probably the most authoritative history concerning the establishment and early history of the Departmentr--"The Origins and Early 

History of the United States Department of the Interior"-was 

written in 1964 by Norman 0. Forness at Pennsylvania State University. Forness, after extensive research, concluded that Robert J. 

Walker, Secretary of the Treasury in the Polk A'dministration; was 

mainly responsible for the Department's creation. 

~ 3 ~ 
r.W

match for 

alker 

the 

possessed 

magnitude 

a feeble 

of his 

physical 

energy, 

frame 

capability, 

that 

and 

seemed 

ambition," 

a ~ Forness wrote. "But if he was only a 'mere whiffle of a man,' he was 

also one of the most extraordinary persons ever to sit at the head of 

the Treasury Department. From this office he laid before Congress 

the blueprint for the Department of the Interior." 

Before appointment to President Polk's Cabinet, Walker moved 

from Pennsylvania to Mississippi and became a United States Senator 

from that State. As Chairman of the Senate Committee on Public 

Lands in the 1830s, he promoted the selling of public lands only to 

actual settlers to discourage land speculation. 

His policy repudiated control of public lands by a few and served 

as the basis for his plan to establish a new executive department. 

By the late 1840s, Walker found the Treasury Department burdened with fiscal duties and did not wish to become involved in managing the vast domain acquired from Mexico. 

Secretary Walker knew that the Federal government could not 

escape dealing with land speculators. He knew also that the power 

of his department to control and sell public land would increase the 

risk of corruption and further bog down administrative procedures 

in the Treasury. Because of these considerations, he recommended a 

separation of public land administration from the Treasury Department. He desired to escape the political pressures and legal difficulties 

that frequently plagued the General Land Office and concluded that 

establishment of a new department was the best way to achieve that 

objective. 

Walker's plan for a Department of the Interior appeared in his 

December 1848 annual report to the House of Representatives. Expansion of the Nation, Walker said, had made the duties of the Treasury 

Department greater than it could properly perform. 

With the addition of new territories, Walker pointed out, activities of the General Land Office would become more and more associated with mineral lands, private land claims, and conflicting titles in 

New Mexico and California. 

Because decisions by the Commissioner of the General Land Office 

on land issues could be appe·aled to the Secretary, the latter faced 

more judicial, rather than financial, questions. Walker reminded the 

House that he personally pronounced judgment in more than 5,000 

land title cases between March 1845 and December 1848. 

4 
Daniel Webster 
Walker further warned that unless a new department was soon 

created, the public interest would suffer from a breakdown of the 

Treasury Department. 

Samuel F. Vinton, an Ohio Whig, reported a bill from the House 

Ways and Means Committee February 12, 1849, to create a Department of the Interior and remained a key figure in securing its passage. The House Agriculture Committee filed a report the same day 

urging enactment of the bill reported by the Ways and Mean Committee. 

"It seemed a most inauspicious occasion to seek the passfl,ge of a 

proposal which had failed on several earlier attempts," Forness wrote. 

"Sectional bitterness, factionalism, and personal feuds so dominated 

the session that its enactment of the Interior Department bill is a 

matter of real wonder. To appreciate the bill's success in this obstreperous session of Congress, some attention must be given to the political situation from which it emanated." 

Vinton saw the Interior proposal as a plan to increase the 

internal strength of the Nation and also help end fraudulent land 

practices and speculation. 

In discussing the bill on the House floor February 12, Vinton said 

the measure essentially had originated through Secretary Walker and 

that "no better plan could be devised." He outlined major divisions of 

the new department and emphasized, in particular, the proposal would 

relieve the Treasury Secretary from spending four hours each day 

deciding disputed land cases. 

Howell Cobb, a Georgia Democrat, led the House opposition to 

the proposal, denouncing it as "an attempt to obtain without deliberation passage of a bill intended to change completely the character of 

an important department of government." 

Richard Brodhead, a Pennsylvania Democrat, countered Cobb's 

charge, pointing out that the proposal, in effect, had been before 

Congress since the filing of Walker's annual report the preceding 

December. 

Three days later (February 15) the bill again was brought to 

the House floor and passed, 112 to 78, with 99 Whigs and 13 Democrats voting for it and 74 Democrats and four Whigs voting against 

it. With only a minimum of debate the House passed an important 

measure just three days after its first reading. 

6 
Jefferson Davis 
3, the 

e last Senate 

day 

Finance 

of the 30th 

Committee 

Congress. 

reported the bill to the Senate ~ "On this memorable day, between debates on a government for 

California and appropriations for the coming fiscal year," Forness 

wrote, "the Senate alternately praised and damned, but ultimately 

passed the Interior Department bill. Although the success of the bill 

depended very little upon ideas exchanged on the Senate floor, the 

debate illustrated a variety of beliefs regarding the American system 

of government." 

Once the measure reached the Senate floor, several Senators 

moved to table the bill, but Senator Jefferson Davis of Mississippi, 

who strongly favored the measure, pleaded that young States especially wanted the new Department of the Interior. 

Davis maintained that the checks and balance system of government applied to departments and that it was a violation of principle 

for the officer in charge of finding ways and means to operate the 

government also to have charge of disbursements. "A division of 

the Treasury Department is essential to rigid economy and just 

accountability in government," Davis argued. 

Mississippi's Henry S. Foote called on the Senate· to disregard 

party considerations and approve the bill, while two other Democrats-Virginia's Robert M. T. Hunter and Ohio's William Allenattacked the bill on the grounds it would solve nothing and impose 

additional expenses on taxpayers. 

Following those exchanges, Massachusetts' Daniel Webster, long 

dedicated to the idea of the new department, reminded his colleagues 

the proposal went all the way back to the days of Madison and 

Monroe. 

Webster supported the measure because he felt the business of 

government had outgrown the existing administrative system, particularly with regard to public lands, and because he believed it was 

generally a popular idea throughout the country. 

Not all New Englanders shared Webster's opinion. John M. 

Niles, a Connecticut Democrat, opposed the bill as an improper subject for legislation. Departments, he maintained, grew out of public 

duties and unless the government assumed new responsibilities, it 

could not create a new department. 

"Now, can you, by law, create a new department where there are 

no additional public duties to be discharged?" asked Senator Niles. 

8 
"Why, sir, it is not a new department; it is a new Cabinet officer. 

What are his appropriate duties? He has no appropriate duties by 

this bill; and the very fact that the bill provides for this high officer 

but one clerk proves that he has no duties whatever as the head of a 

department. It cannot be called a department. This is only a bureau. 

The officer is to have supervision in case of appeal, but he has no 

independent judicial department." 

Senator Niles made clear his opposition to any change other than 

reorganization of existing offices and laid the groundwork for further 

attacks on the bill by strongly questioning the constitutionality of the 

plan to create the Department of the Interior. 

Virginia's Senator James M. Mason followed Niles, asserting that 

the Federal Government had been established to serve exterior-not 

interior-affairs of the Nation. 

Mason also expressed dislike for the proposal because of additional patronage it would give the incoming Whig Administration, 

but centered his principal criticism of the bill on the States' rights 

issue. 

Following Mason's speech, in an action signifying eventual victory for proponents of the proposal, the Senate voted, 31 to 22, 

against tabling the bill. 

John C. Calhoun, a former Secretary of War and Secretary of 

State from South Carolina, saw something ominous in the very 

expression "Secretary of the Interior," and charged there was no 

need for the new department. 

Senator Foote of Mississippi, refuting charges that the new 

department was unnecessary and would be a radical innovation, said 

the bill reflected the growth of the Nation and effected "a judicious 

and necessary division of labor." 

As to encroachment on the rights of States, I:oote contended the 

bill would have the opposite effect by limiting the power of. the 

Treasury Department and making it easier to detect any encroachment. 

~ 

F our o'clock approached and the Senate temporarily laid aside the 

Interior proposal to consider pressing appropriations bills. After disposing of those measures it recessed until 6 p.m. 

9 
Upon reconvening at six that evening, opponents and proponents 

of the Interior bill knew it was a race against time, with adjournment 

only six hours away. 

If opponents could tack an amendment to the proposal, the bill 

would die, because not enough time remained for the House to consider an amended version and settle differences with the Senate. 

Virginia's Senator Hunter again took the floor, striking hard at 

the argument that the Interior measure mainly was to relieve the 

overworked Treasury and argued, in fact, that most of its bureaus 

would come from the War and State Departments. Hunter said he 

especially disliked the idea of removing the General Land Office from 

the Treasury, since it was involved in both the control and receipt of 

public revenues. 

Hunter supported amendments to cripple the bill, and brought 

an immediate response from Senator George E. Badger, a North 

Carolina Whig, who declared a vote for amendments was a vote 

against the bill. 

"The bill may not be as perfect as the ingenuity of wise men can 

make it," said Badger, "but it is for the purpose of establishing a 

great and important principle. It is a bill to establish a Home Department against which, upon what principle, can anyone object?" 

It was at least 7:30 as supporters of the bill paused, wondering 

if they could maintain sufficient momentum to pass the bill before 

adjournment. 

Senator Charles G. Atherton of New Hampshire told the Senate 

he had no intention to delay progress on the bill, but merely wished 

to submit a Conference Report and supposed it was in order to do so. 

Informed his move would not be in order, Atherton moved to table the 

Interior bill so he could submit the Conference Report. 

The motion to table again lost, this time 29 to 19. 

'The Senate then turned down amendments to restrict the Secretary of the Interior's appointive and removal power of clerks and to 

give the Treasury additional officers. 

It was nearly nine o'clock as Senator Mason moved to strike from 

the bill a:uthority to establish the Interior Department and instead 

give enacting powers to a new Assistant Secretary of the Treasury. 

The amendment was rejected, 30 to 23. 

10 
Daniel Webster addressing U.S. Senate on compromise measures in 1850. 

D aniel Webster and Jefferson Davis made their final pleas for the 

bill. 

Webster chided the opposition for prolonging the debate and 

basing their argument on the question of power. "There is not a particle of this bill, not a sentence, for extending the power of the 

Government," he declared. 

Davis said the bill no longer was being debated on its merits, 

adding that party and patronage issues were irrelevant and that 

arguments alleging increased power and the Federal Government 

could not deal with domestic issues were false .. 

The bill then was reported without amendment and read three 

times as spectators waited anxiously for a roll call vote. 

The results were announced, and by a margin of six votes-31 to 

25-the Senate approved the bill to create the Department of the 

Interior. 

Of 31 in favor, 21 were Whigs and 10 were Democrats. Of those 

opposed, 24 were Democrats and one was a Whig. 

Although Democrats supporting the bill apparently did so because 

they felt it was advantageous to their individual States, their support 

was crucial to the bill's passage. Also, since they came mostly from 

the South and border States, their strong support doubtless influenced a wavering President Polk to sign the measure. 

11 
M arch 3rd had been an extremely busy day for President Polk. 

At his office an hour earlier than usual, he was occupied constantly 

all day. About sunset, having cleared his desk of all pending business, 

he left The White House with his family and members of his Cabinet 

to occupy quarters at the Willard Hotel. 

A short time later, President Polk and his Cabinet went to the 

Capitol, so the President would be available to receive and act on bills 

presented to him the last night of Congress. In going to the Capitol, 

he followed the custom of previous Presidents to be on "The Hill" 

during the final evening of a Congressional session. 

It was after eleven o'clock when the Intedor bill reached President Polk, as he awaited Congressional messages in the Vice President's room at the Capitol. 

A short time later he signed the measure. Polk wrote in his diary 

that he did not have enough time to consider the bill carefully, but 

found no constitutional objections against it. He did reflect apprehensions voiced by some Senators that the Interior Department, 

through consolidating tendencies, might draw power from the States 

and extend Federal jurisdiction unduly, but such fears were not 

strong enough to prevent him from approving on March 3, 1849, 

creation of a new Federal Department to supervise internal affairs. 

~ 12 ~ 
'-

, R lk remained at the Capitol until after 3 o'clock, when he returned 

to the Willard. At six in the morning, a joint Congressional Committee 

delivered the Civil and Diplomatic Appropriations Bill and a measure 

to extend the revenue laws of the United States over California, which 

the President signed. The 30th Congress adjourned at 6 :30 that morning, March 4, 1849. 

The Department of the Interior bill appeared to be of relative 

unimportance to Polk. He spent several pages in his diary discussing 

matters he handled that day both before and after signing the Interior 

bill and then wrote: 

"I find that I have omitted to notice the passage by Congress, 

after night of this day's proceedings, of a bill to establish the Department of the Interior, or Home Department. It was presented to me 

for my approval late at night and I was much occupied with other 

duties. It was a long bill containing many sections and I had but little 

time to examine it." 

(This statement seems difficult to reconcile against the fact that 

one of Polk's top-ranking Cabinet members, Secretary of the Treasury Robert Walker, presented the entire plan in his annual report to 

the Congress the previous December and undoubtedly provided a copy 

of that report to Polk. Polk's diary, carefully kept from 1845 to 1849 

but not on a daily basis, makes no mention of Secretary Walker's 

report). 

"I had serious objections to it, but they \vere not of a constitutional character, and I signed it with reluctance. I fear its consolidating tendency. I apprehend its practical operation will be to draw 

power from the States, where the Constitution has reserved it, and to 

extend the jurisdiction and power of the United States by construction to an unwarrantable extent. Had I been a member of Congress I 

would have voted against it. Many bills pass Congress every year 

against which the President would vote were he a member of that 

body, and which he yet approves and signs." 

Zachary Taylor was inaugurated as President shortly after noon, 

Monday, March 5. President Polk left Washington by steamboat at 

three o'clock the morning of March 6 for Nashville, where he hoped to 

live in retirement. Illness, however, overtook the former President 

and he died June 15, .1849, a little more than three months after he 

left office. 

13 
The new Department of the Interior 

emerged not from a hasty attempt to solve 

problems current in 1849, but from the enlarging responsibilities of the federal government for the management of domestic 

affairs from the days of Washington. The 

lingering desire for a simple government of 

limited power had delayed the department' S· 

advent, but by 1849 the need for such a department at least loomed larger than any 

argument of opposition. Because the future 

augured only increased federal responsibility 

in domestic affairs, responsible political 

leaders again undertook to create a Department of the Interior. 

Norman 0. Forness, 

Historian 
Prepared by the 

Office of Communications 

Department of the Interior 

Washington, D. C. 20240 March 3, 1976