The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-12-07
John Howard PAyne's Reply TO Senator
Benton.


before his own public, in his own city, as well
that where more of my own friends reside, to illus
trate and sustain his charge. This charge is spe
ciously masked under the disguise Of a eulogium
on General Taylor for his refusal 10 remove"
public officer 'On political grounds" or 'for 0pin
IONS sake" ''irhen he ioas found 10 be faithful"
which, Senator Benton states, as tohat General
Taylor did, and ichdt ALL AMERICAN PRESIDENTS,
IN has opinion, OUGHT TO DO"
After eulogy on DR.. Heap for his Democracy
OF the J,tusonian school, and for his peculiar
. adaptation TO the place Of Consul at 1hnis" he
states that (" Mr.. Tyler renored him 10 make
for Mr.. Hotcard Payne" plain tale which,
when told neither Senator Benton nor any body else
can deny, shall put all this down. Before my APP
pointment to that office, DR.. Heap, after residing
(not far, more less, from quarter of century,
at Tunis, as consul, had been, NOT RECALLED, but
TRANSFORMED to the Office of dragoman 10 the en-
bassy 10 Constantinope. then presided by his
brother in-law, Commodore Porter. The office to
which he was transferred of at least fourth
greater pecuniary value than that from which he
was removed. MIR. Hodgson was appointed to sue
coed him at Tunis. On his way to take possession
of his office, Mr.. Hodgson found more agrceabe
to his taste. He held the office but year mar
ried, and resigned it. On The coming in Of his
signation when there candidate for the
empty post-nether :" Dr. Heap" nor any other
90 J.f.rsonidn," nor any other sort Of" Democrat'-
the office was spontaneously, and to my SURF rise,
conferred upon me by Mr.. Tyler, with the approba.
ton and consent Of Mr.. Webster. These facts no
one OF which can be disproved dispose Of the Sena-
tors statement that " Pre,ident Tyler removed Dr.
Heopfomake room for mt, and of the indirect charge
against his administration of being governed. in
my case, by any "proscriptiue' plan or purpose.
The learned Senator has informed the popular
assembly he addressed that Mr.. Tyler's motive in
making this appointment was what he pleased to
term 'hsfriOnic pyociirify" However pure may be
the source from which the sentiments of the Sena-
tor are derived, his language is certainly not all
drawn from the ''well Of English undefled"
President Tyler may possibly have had in his mind
n drama in which had formerly acted an unwilling
part, and which, although somewhat comic il
some OF its details, had nearly proved to me ira
gcdy in its result Some years ago, while engaged
IN the collection of materials for projected lite
rary undertaking, and travelling in Tennessee
soi' IL with that view, in company with the intel
lgent Cherokee chief, John Ross, for the single Of
fence of being Wing, was seized by armed
band. called the Georgia Guard, forced into Geor-
gia imprisoned, and kept for several days in hour
~ danger Of my life II is true that the State after
but l had suffered evils which this apology could
not cure. The Senator cannot be ignorant of this
fact, as part of tbe history Of exciting period
Oh administration which he favored; and il
would have been charitable in him to suppose that
President Tyler may have been partly Influenced
by determination TO make small political COM
Pensation to one who had suffered grcvous per-
sonal wrong from Identification with The party
which elected him TO power. This ia certainly q !
motive for appointing me Consul at Tunis. more |
probable, and more Ineligible in ITSELF than the
one which the Senator has clothed in words such |
as some OF his audience at ST. Louis must have
been obliged TO resort TO their dictionaries to under
stand.
From this Office within the frat half wear of Pre-
sident Poks administration, without any charge |
or suggestion, or pretence of indebtedness I'M
htness, 90 removed TO make room for" Dr. !
HEAP. Among the documents which file
N the ofhce OF the Secretary Of State, and which
appear, from the Senator's speech to have been in
dustriously examined by him. is one signed by a
member Of the cabinet, during whose existence !
was removed, showing, in explicit terms, that there
had never been the slightest imputation against
me, and that had been removed simply because
my political sentiments not in accordance
with those of President, Folks administration AT
the door of which administration then in this case
styled by the Senator "PRE- EMINENT and in a con.
dition TO be noued," does the charge of re,aooal
for opinions sake, and political grounds lie %
lie it at that of the he half supported or of the
one be wholly denounces;
IL Is true that afterwards acquesced in a sug.
gestlou, officially made me, TO be reinstated in
tn-s Oince. cld go on the Senator's own doc
Ilae, 80 forcibly stated IN his speech as 10 what
al 4aertcGA Prts,der.ts. H'hig or Democratic IA
81 isn.e 10 come, ought 70 do" and in which | not
only coincide with him, but carry it little fur
past, 50 20 have done. But il is not true as the
Senator states, that waited 'hH Mr. Pok raA
out, and General Taylor m 10 apply for the rsmorai
Of Dr. Heap and the reGppointusrf Of mpseT." Sup
posing that the other politicians Of HE party main
tanned the same principles on this subject, ap-
pied, Immediately on my return, 10 the admins
tratlon Of Mr. Polk for public employment. con-
unued The application until President Fillmore, IN
the latter part u the last session. nominated me TO
The senaie br reaPPointment 10 Tunis.
The Senator further state, that $50 make all s,r,
fled caargo Gsasnss IN. Heap - and Mr. Clay.
ton, IN be etter nat "Ia,se charges are reTt
grart and serious" What are here inaccurately
called "ohdrg,s filed BY r4<," merely the detail
OF my own consular act., returned by me, in pur.
suance Of my duty, TO the State Department AZ
ter had administered the consulate for more tina
year, wa officially informed that a respectable
Moor bad been imprisoned for seven months at the
instance Of Of the American consul On inquiry
hat DIR bo h.d
The interim resigned bic Office at Constantinope in
favor Of bis relation, MIR Brown, and returned 10
Iuns 10 reside, had procured the imprisonment Of
tb.s Moor by the alleged authority of the consul.
ate, without my knosledge, for debt upon money
lent, due from the Moor 70 himself with from two
70 four per cent monthly interest, compounded at
short dAtes, incurred while be was consul inn
nedistely Unclaimed the authority, and procured
from the Bey the Moor's release.
In MAbOmetan countries, all interest on loans is
usDry and IL forbidden by the Koran, the only code
81 civil az well az spiritual law Usurious loans 10
Moors, however, both from Jews and Christian
are common ia Tunis, and, "a the general instruc-
tons Of cOnsuls forbds them aid with tue consu
lar authority any claims contrary 10 the laws Of
the country in which their consulate IL exercised.
wrote 10 my Government for directions on the cub
Jet, explaining the transaction have stated with
others OF the same nature, and sending the exsm
nations oil The Moors among the documents These
are on file in the Department and constitute what
are termed my charges against Dr. Heap" They
were simply the journal Of my consular acts, made
successor wss appointed-before had dreamed Of
my own removal, and consequently without any
view, as the Senator affrns 10 procure the removal
Of my successor.
On leaving Tunis, had peounsry claim on
the Bey. Alter endeavoring fruitessly, both at his
own capital and at Paris To obtain it, liquidation
laid II before MIR Polk cabinet Its justice being
unquestionablc, DIR. Heap was directed 10 urge L.
Either from hs neglect, or from the Bey's evasons
II remained Tor long time unsettled. On the
coming in Of General Taylor's administration. the
matter was entrusted TO Commodore MORAN
Alter call from chip Of war bearing a message
upon the subject, and an intimaton that the Com
modore was at hand, the Boy Immediately offered
an adjustment. The Consul, DR.. Heap, termed by
the Senator "he sroetsnf Consul, "tt SUCCESSFUL
protector 81 EvERY AMERICAN IsrNRrsT''-did not
succeed In TINS case In protecting against his "in
ftuioff Trend, az the Senator calls the Bcy-the
"tnfUsa," nor even the whole Of the princin,l due
90 an "dmsrioan " Perhaps he Thought The Ma
hometan law forbade him TO attempt the former
am not sufficiently versed in our parliamentary
history 10 know whether the Senators violation Of
legislative duty and decorum, in dragging before
an indiscriminate audience, on eS parte STATEMENTS
the dongs Of the Executive sessions Of the Senate