Charles G. Atherton
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Charles Gordon Atherton (July 4, 1804November 15, 1853) was an American politician and lawyer from
New Hampshire New Hampshire is a state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec to the nor ...
. He was elected to the
United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
from 1837 to 1843. He was elected to the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
from 1843 to 1849 and then again in 1853. He was a
Democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...
.


Early life and education

He was the son of
Charles Humphrey Atherton Charles Humphrey Atherton (August 14, 1773 – January 8, 1853), an American Federalist politician, banker and a distinguished attorney from New Hampshire. Atherton served once as a United States Representative from New Hampshire from 1815 ...
and Mary Ann Toppan, the daughter of Christopher Toppan, of
Hampton, New Hampshire Hampton is a town in Rockingham County, New Hampshire, United States. The population was 16,214 at the 2020 census. On the Atlantic Ocean coast, Hampton is home to Hampton Beach, a summer tourist destination. The densely populated central part ...
. His mother taught him at home. Atherton received a classical education, learning Latin from a young age. He went to the academy in Lancaster, Massachusetts, under the charge of
Jared Sparks Jared Sparks (May 10, 1789 – March 14, 1866) was an American historian, educator, and Unitarian minister. He served as President of Harvard College from 1849 to 1853. Biography Born in Willington, Connecticut, Sparks studied in the common s ...
from 1815 to 1817, returning home upon the death of his mother, completing his preparation for college in his father's office, under the direction of Joseph Willard. He was tutored in the classics by the inventor Samuel Abbot, and went on to study law under the tutelage of his father, a former Federalist politician and one of the most distinguished attorneys in the state. In 1818 he entered
Harvard University Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of high ...
, where he studied law, and graduated in 1822. After graduation, he was admitted to the bar in 1825 and commenced practice in Dunstable, New Hampshire. His grandfather was
Joshua Atherton Joshua Atherton (June 20, 1737 – April 3, 1809), was a lawyer and early anti-slavery campaigner in Massachusetts and New Hampshire. He served as Attorney General of New Hampshire. In later years he was also commissioner for the United States dir ...
, an early anti-slavery campaigner in Massachusetts. His middle name Gordon, was in memory of his parents and grandparents family friend William Gordon. His mother, Mary, died when he was thirteen years old. He had six other siblings, many did not reach adulthood. Like all males in New Hampshire between the ages of 18 and 45, Atherton was a member of the state militia serving in the Lafayette Riflemen 5th Regiment as a lieutenant in 1827, and as captain in 1828.


Career

Atherton was a States-rights Democrat from a northern state of
New England New England is a region comprising six states in the Northeastern United States: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. It is bordered by the state of New York (state), New York to the west and by the Can ...
. He engaged early on in politics and identified himself with the Democratic Party, which he remained loyal to all his life. He and his father were opposed in politics: his father taking the same position as
Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...
that as a free country, no extension of slavery should be tolerated.


New Hampshire House of Representatives

Atherton was elected at the age of 26, as a member of the State House of Representatives in 1830. He was Speaker of the House from 1833 to 1835.


U.S House

Atherton is best known for his staunch stance on states-rights issues. He was elected as a
Democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...
to the
Twenty-fifth United States Congress The 25th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 183 ...
and the two succeeding Congresses (March 4, 1837 – March 3, 1843) and did not seek reelection in 1842, having become a candidate for senator. His circle of friends included Congressman
Jonathan Cilley Jonathan Cilley (July 2, 1802 – February 24, 1838) was a member of the U.S. House of Representatives from Maine. He served part of one term in the 25th Congress, and died as the result of a wound sustained in a duel with another Congressman, ...
, who died in a duel in Bladensburg, Maryland in February 1838. Atherton wore a crape (a black band worn on his sleeve) for thirty days in his memory. Atherton was appointed to a committee by President
Martin Van Buren Martin Van Buren ( ; nl, Maarten van Buren; ; December 5, 1782 – July 24, 1862) was an American lawyer and statesman who served as the eighth president of the United States from 1837 to 1841. A primary founder of the Democratic Party, he ...
to investigate the causes which led to his death. One of the committee's recommendations resulted in a law signed by President Van Buren on February 20, 1839, prohibiting the giving or accepting of challenges to duel within the District of Columbia.


Atherton Gag

He was responsible for composing the gag rule in 1838, known as the "Atherton Gag", which stifled any petitions relating to bringing an end to slavery, at the behest of slave barons. A curious position for the grandson of Joshua Atherton who, so many years earlier had been ready to oppose the Ratification of the Federal Constitution because of its acknowledgment of slavery. From that moment he became known as Gag Law Atherton. During his first term in Congress in 1838 he presented five resolutions which were adopted, and which created a new resolution that barred Congress from discussing petitions which mentioned bringing
slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
to an end. He presented his five resolutions on December 11, 1838. Congress approved them on December 12, 1838. Several similar resolutions and eventually a standing House rule were approved by Congress from 1835 to 1840, but the "Atherton Gag" was the only one of them to be named after its creator. Of the five resolutions, the last one is most indicative of his desires since it contains the vital stipulations. Atherton wrote:
5. ''Resolved, therefore,'' That all attempts, on the part of Congress, to abolish slavery in the District of Columbia or the Territories, or to prohibit the removal of slaves from State to State, or to discriminate between the institutions of one portion of the country and another, with the views aforesaid, are in violation of the constitution, destructive of the fundamental principles on which the Union of these States rests, and beyond the jurisdiction of Congress; and that every petition, memorial, resolution, proposition, or paper, touching or relating in any way or to any extent whatever to slavery, as aforesaid, or the abolition thereof, shall, on the presentation thereof, without any further action thereon, be laid on the table without being debated, printed, or referred.
Atherton was responsible for composing the gag rule of December 1838, which stifled any petitions relating to slavery. The previous year abolitionists mainly from northern states sent thousands of petitions to Congress for the abolition of slavery. John Greenleaf Whittier, poet and advocate of the abolition of slavery in the United States referred to him as vile and shifty and wrote poems making reference to both Atherton and the gag, which frustrated Whittier and all the other abolitionists, as it curtailed any open debate in Congress on the subject. Atherton delivered a speech on the twelve million loan bill in the House of Representatives, on Monday, July 12, 1841. During the third session of the
twenty-fifth United States Congress The 25th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 183 ...
, Atherton lodged with a Mrs S.A. Hill in
Alexandria, Virginia Alexandria is an independent city in the northern region of the Commonwealth of Virginia, United States. It lies on the western bank of the Potomac River approximately south of downtown Washington, D.C. In 2020, the population was 159,467. ...
which was almost opposite to the
Gadsby's Tavern Gadsby's Tavern is a complex of historic buildings at 134 and 138 North Royal Street at the corner of Cameron Street in the Old Town district of Alexandria, Virginia. The complex includes a c.1785 tavern, the 1792 City Tavern and Hotel, and an 1 ...
, which housed ten representatives, all from pro-slavery states, who would have looked for any opportunity to lobby their cause. The gag rule was deeply controversial as it curtailed progressive debate and was extremely unpopular in northern states and frustrated the abolitionists cause; however it still won enough votes in Congress; and this rule remained in place for over 8 years, due to heavy pressure and lobbying from Southern pro-slavery states. It was not until 1844 the House rescinded this gag rule on a motion made by
John Quincy Adams John Quincy Adams (; July 11, 1767 – February 23, 1848) was an American statesman, diplomat, lawyer, and diarist who served as the sixth president of the United States, from 1825 to 1829. He previously served as the eighth United States ...
. A brave act rescind and recommence debate, however this polarisation proved to be one of the building blocks taking the country towards breaking point and civil war. In 1844, the House rescinded this gag rule on a motion made by John Quincy Adams. Whatever Atherton's reasons, his late grandfather,
Joshua Atherton Joshua Atherton (June 20, 1737 – April 3, 1809), was a lawyer and early anti-slavery campaigner in Massachusetts and New Hampshire. He served as Attorney General of New Hampshire. In later years he was also commissioner for the United States dir ...
, as an early ardent anti-slavery campaigner, would have vehemently objected to the creation of a gag rule.


United States Senate

After winning his election bid, Atherton was elected to the United States Senate as a Democrat in 1843, replacing Leonard Wilcox, and served from March 4, 1843, to March 3, 1849. While in the Senate, Atherton served as chairman of the Committee on Printing (
Twenty-ninth Congress The 29th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1845 ...
), the Committee on Roads and Canals (
Twenty-ninth United States Congress The 29th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1845 ...
), and the Committee on Finance (
Thirtieth United States Congress The 30th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1847, ...
). Atherton and Samuel S. Phelps were the only New England Democratic and Whig Senators, respectively, to vote in favor of the
Clayton Compromise The Clayton Compromise was a plan drawn up in 1848 by a bipartisan United States Senate committee headed by John M. Clayton for organizing the Oregon Territory and the Southwest. Clayton first attempted to form a special committee of eight members, ...
bill. Atherton remained active politically for the Democratic Party, even when not serving in office. As an example of his political influence, a regional newspaper, “The Boston Pilot” of August 28, 1852 reported: “At the Democratic Barbecue in Hillsborough, the Hon. Charles G Atherton presided. Spirited speeches were made by Colonel John Houston Savage of Tennessee,
John Van Buren John Van Buren (February 18, 1810 – October 13, 1866) was an American lawyer, official and politician. In addition to serving as a key advisor to his father, President Martin Van Buren, he was also Attorney General of New York from 1845 to 1 ...
of New York,
John B. Weller John B. Weller (February 22, 1812August 17, 1875) was the fifth governor of California from January 8, 1858 to January 9, 1860 who earlier had served as a congressman from Ohio and a U.S. senator from California, and minister to Mexico. Lif ...
of California, Maj. Stevens of the U.S Army,
Jeremiah Clemens Jeremiah Clemens (December 28, 1814 – May 21, 1865) was a U.S. senator and novelist from the state of Alabama. He was elected to fill the vacancy left by the death of Dixon Hall Lewis, and served from November 30, 1849, to March 4, 1853. Cle ...
of Alabama, General Dix of New York, Willis A. Gorman of Indiana, Capt. Rynders, and others. The same gentlemen addressed the Democratic Meeting in
Faneuil Hall Faneuil Hall ( or ; previously ) is a marketplace and meeting hall located near the waterfront and today's Government Center, in Boston, Massachusetts. Opened in 1742, it was the site of several speeches by Samuel Adams, James Otis, and others ...
on Friday night, which was kept up until after midnight. It was a spirited affair; and the speakers were all in good tune.” After serving out his term Atherton was not then re-elected, resuming the practice of law in Nashua. However, in November 1852, he was chosen to take the seat left vacant by John P. Hale and returned to the Senate after he took the oath of office for the term beginning March 4, 1853. Atherton was in the inner circle of Franklin Pierce, at the time he was elected as the 14th president in 1853. Pierce had anticipated making Atherton his spokesman in the Senate at the start of his presidency, however Atherton had died unexpectedly. Atherton was known to be a heavy whiskey drinker, and he did not attend the Presidential
Inauguration of Franklin Pierce The inauguration of Franklin Pierce as the 14th president of the United States was held on Friday, March 4, 1853, at the East Portico of the United States Capitol in Washington, D.C. This was the 17th inauguration and marked the commencement of ...
, most likely for health reasons, since he had traveled nationwide, campaigning heavily for Franklin Pierce to report first hand on his virtues, his sobriety, his affinity for immigrants, and his valor on the field of battle.


Personal life

He married Ann (Nancy) Barnard Clark, a granddaughter of the Reverend Jeremiah Barnard, Minister for Amherst in 1828. They had no children. Atherton was a close friend to the novelist,
Nathaniel Hawthorne Nathaniel Hawthorne (July 4, 1804 – May 19, 1864) was an American novelist and short story writer. His works often focus on history, morality, and religion. He was born in 1804 in Salem, Massachusetts, from a family long associated with that t ...
. Atherton died suddenly from pulmonary tuberculosis in
Manchester, New Hampshire Manchester is a city in Hillsborough County, New Hampshire, United States. It is the most populous city in New Hampshire. At the 2020 census, the city had a population of 115,644. Manchester is, along with Nashua, one of two seats of New Ha ...
, on November 15, 1853. His unexpected death left a serious vacuum in the Senate. He was buried in Nashua Cemetery, New Hampshire on November 20, 1853. To mark the occasion of his death, as a senator from the State of New Hampshire, an obituary was delivered in the United States Senate and in the House of Representatives, December 19, 1853.


Ancestry

He is a direct descendant of
James Atherton James Atherton (born James Conway; 16 July 1987) is an English actor, known for his roles as Will Savage on ''Hollyoaks'' and Jamie Bowman on ''Coronation Street''. In 2017, he appeared in the stage production of ''Rita, Sue and Bob Too''. In ...
, one of the First Settlers of New England; who arrived in Dorchester, Massachusetts in the 1630s. His great-grandfather was Colonel Peter Atherton, who served in the French and Indian War of the 18th century. His maternal first cousin was Nathaniel Thayer Jr.


See also

* List of United States Congress members who died in office (1790–1899)
U.S. Archives
Search at 25th Congress, 3rd session,
United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...


References

{{DEFAULTSORT:Atherton, Charles G. 1804 births 1853 deaths People from Amherst, New Hampshire American people of English descent New Hampshire Jacksonians Democratic Party members of the United States House of Representatives from New Hampshire Democratic Party United States senators from New Hampshire Democratic Party members of the New Hampshire House of Representatives U.S. Congressional gag rules and their sponsors 19th-century American politicians New Hampshire lawyers Harvard Law School alumni 19th-century deaths from tuberculosis Tuberculosis deaths in New Hampshire