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dow of Robert Willey, deceased, lale a soldier in the Revolutionary war, praying a pension; which was referred to the Committee on Pensions.
The CHAIR submitted resolutions passed by the Senale of the Territory of Florida, instructing the Delegate of sail Territory in Congress to oppose the passage of any law for dividing said Territory; which was referred to the Select Committee on the Florida Territory.
Mr. MERRICK presented the petition of a number of citizens of Alexandria, praying the erection of a marine hospital at or near that place; which was referred to the Committee on the Dis. trict of Columbia.
Mr. PORTER presented the petition of citizens of Kalamazoo and St. Joseph, in the Stale of Michigan, praying that the provisions of the preemption law of June 22, 1838, may be extended to persons engaged in the cultivation of the soil at the time of its passage, with a view to a future settlement thereon; which was referred to the Commit1ee on Public Lands.
Mr. PIERCE, from the Committee on Pensions, to which was referred the petition of Tyler Spaíford, reported a bill for his relief: which was read, and ordered to a second reading.
Mr. MERRICK, from the Committee on the District of Columbia, to which was referred the memorial of Casper W. Wever, reported a bill for his relief; which was read, and ordered to a second reading.
Mr. PIERCE, from the Committee on Pensions, to which was referred the claim of Mary Neal, reported a bill for her relief; which was read, and ordered to a second reading.
Mr. KING, from the Committee on Commerce, to which was referred the petition of Jacob Pennel, reported a bill for the relief of Jacob Pennell, and others, owners of the Eliza, of Brunswick; which was read, and ordered to a second reading.
Mr. WALL, from the Committee on the Judi. ciary, reported a bill for the punishment of certain crimes against the United States; which was read, and ordered to a second reading.
The Senate proceeded to the consideration of the following resolution submitted some days since by Mr. TAPPAN:
Resolved, That the 47th rule be amended so as in the last paragraph thereof to read:
“Two reporters for each of the daily papers, and one reporter for each tri-weekly paper, printed and published in the city of Washington, whose names shall be communicated in writing, by the editors of those papers to the Secretary of the Senate, and who shall confine themselves to the seats now provided for them.
After some remarks from Mr. PRESTON, he moved to lay the resolution on the table; which was negatived-ayes 17, noes 25.
Mr. PRESTON hen moved to amend by striking out "city of Washington," and inserting “District of Columbia,” which was disagreed 10--ayes 16, noes 25.
The resolution was then agreed to-ayes 25, noes 16.
THE SPECIAL ORDER. The report of the Select Committee on the as. sumption of Stale debis, was then taken up, and after an animated debate, in which Messrs. DAVIS, BUCHANAN, PRESTON, KING, NORVELL, CLAY, of Kentucky, BROWN, and CALHOUN, participated,
Mr. WEBSTER moved an adjournment; which was decided in the negative.
The question then coming up on the resolutions reported by the Select Committee,
The CHAIR stated the question as follows:
The Senalor from Pennsylvania, Mr. BUGHANAN, had moved to amend the resolutions of the committee, by adding the following:
Resolved, That The debts of the several States, so far as they are known to the Senate, have been contracted in the exercise of the undoubted right and constitutional power of said States respectively, and that there is no ground to warrant any doubt of the ability or disposition of those Slates to fulfil their contracts.
For which amendment, Mr. NORVELL offered the following as a substitute:
Resolved, That while the Senate of the United States is fully impressed with the importance and correctness of the principles contained in the foregoing resolutions, it is not intended thereby lo create any doubt of the constitutional right of the States io contract debts, nor of their resources, disposition, or ability to fulfil the engagements which they bave contracted for purposes of internal im. provement, as we las for other objects within the range of their rese. ved powers.
The question wa now on the substitute of Mr. NORVELL; which was agreed to-ayes 25, noes 18, as follows:
YEAS_Messrs. Allen, Anderson, Benton, Brown, Calhoun, Clay of Alabama, Cuthbert, Falion, Grundy, King, Linn, Lumpkin, Mou'on, Nicholas, Norvell, Roane, Robinson, Sevier, Strange, Sturgeon, Tappan, Wall, Williams, and Wright-25.
NAYS-Messrs. Buchanan, Clay of Kentucky, Crittenden, Davis, Dixon, Henderson, Knight, Merrick, Phelps, Porter, Prentiss, Preston, Ruggles, Smith of Indiana, Southard, Spence, Webster, and White-18.
The question then being on the adoption of Mr. Buchanan's motion as amended, after some re. marks by Mes rs. SMITH of Indiana CRITTENDEN, NORVELL, WEBSTER, and KING,
On motion of Mr. KING, and by unanimous consent, it was considered as withdrawn for the present.
The substitute proposed by Mr. CRITTENDEN for the resolutions of the committee, was then taken up, and was as follows:
Resolved, That the debts of the several States, so far as they are known to the Senate, have been contracted in the exercise of the undoubled right and constitutional power of said States respectively, and that there is no ground 10 warrant any doubt of the ability or disposition of those States to fulfil their contracts.
Resolved, That it would be just and proper to distribute the proceeds of the sales of the public lands among the several Sía es, in fair and ratea. ble proportions, and that the condition of such of the States as have contracted debts is such at the present moment of pressure and difficulty as to render such distribution especially expedient and important.
After some remarks by Mr. PRESTON, the question on the subs'itute was taken, and it was rejected yes 17, noes 28, as follows:
YEAS-Messrs. Betis, Clay of Kentucky, Crittenden, Davis, Dixon, Knight, Merrick, Phelps, Porter, Prentiss, Ruggles, Smith of Indiana, Southard, Spence, Tallmadge, Webster, and White --17.
NAYS_Messrs. Allen, Anderson, Benton, Brown, Calhoun, Clay of Alabama, Cuthbert, Fulton, Grundy, Henderson, Hubbard, King, Linn, Lumpkin, Mouton, Nicholas, Norvell, Pierce, Preston, Roane, Robinson, Sevier, Strange, Sturgeon, Tappan, Wall, Williams, and Wrighi-28.
Mr. PRESTON shen moved to amend the resolutions of the committee by striking out all after the word resolved, and inserting the following as a substitute:
Resolved, That the debts of the several States, so far as they are known to the Senate, have been contracted in the exercise of the undoubled right and constitutional power of said States respectively, and that there is no ground 10 warrant any doubt of the ability or disposition of those states to fulfil their contracts.
After some remarks by Messrs. WEBSTER and KING,
Mr. NORVELL said that the amendment offered by him, and voted on by ihe Senate, had been withdrawn, with the general understanding that no other amendment should be offered until a vote was laken on the resolutions of the commit
The course taken by the Senator from South Carolina would compel him to move the proposi-, tion which he had withdrawn, as a substitute for the Senator's amendment; and he accordingly made that motion.
Mr. PRESTON then withdrew his motion to amend.
The first resolution of the Select Committee was then read, as follows:
1. Resolved, That the assumption, direcily or indirectly, by the General Government, of the debis which have been, or may be, contracted by the States for local objects or State purposes, would be unjust, both to the States and to the people.
Mr. PRENTISS moved to strike out the words "directly or indirectly," and insert "or guarantee."
After some remarks by Messrs. PRENTISS, KNIGHT, and GRUN Y,
Mr. WEBSTER moved an adjournment, which was negatived-ayes 10, noes 27.
The question was then taken on the amendment proposed by Mr. Prentiss, and decided in the negative-yeas 6, nays 27, as follows:
YEAS-Messrs. Bells, Dixon, Knight, Phelps, Prentiss, and Ruggles-- 6.
NAYS-Messrs. Allen, Anderson, Benton, Bochanan, Calhoun, Clay of Alabama, Cuthbert, Fulton, Grundy, Hubbard, King, Linn, Lumpkin, Mouton, Nicholas, Norrell, Pierce, Roane, Robinson, Sevier, Smith of Indiana, Strange, Sturgeon, Tappan, Wall, Wiliiams, and Wnght-27.
Mr. RUGGLES then moved to amend by strike : ing out "or Stale purposes.” Mr. R. assigned as a reason, that the debt recently incurred by the State of Maine, in defending her frontier, might be considered a State debt, and, by this resolution, the future payment of il debarred.
Mr. WILLIAMS said, as his colleague had objected to this resolution, and as he intended to vote for it, he wished to give a reason for so doing. He considered ihe debt incurred by his State, in defending the frontier, as not the debt of Maine, but as the debt of the United States, which would, he expected, be paid without hesitation by the Gene. ral Government.
Mr. BENTON. Certainly. The boundary of Maine was the boundary of the United States. (la This sentiment there was a very general acquiescence.]
After some further remarks by Messrs. RUGGLES and WALL,
Mr. NORVELL said that the defence of the State of Maine was the defence of the United States. The protection of the Northeastern boundary of Maine was the protection of the boundary of the nation. The expenses incurred in that defence and protection were national expenses; and he would tell the Senator from Maine (Mr. RUGGLES) that, if he came here to claim re. imbursement of the moneys expended in the maintenance of her boundary righis against a foreign power, on the ground of its being a local object or a Stale purpose, he would, in his judgment, go home without success. The worthy colleague of the Senator [Mr. Williams) had taken the right view of the subject. The resolution against the assumption of the State debis contracted for local objects and State purposes, bad no reference 10 such cases as the detence of a State against foreign aggression.
Mr RUGGLES demanded the yeas and nays on his amendment, but they were not ordered, and it was negatived without a division.
The question was then taken on the first resolution, and it was agreed to—ayes 30, nay 1, as fol. lows:
YEAS–Messrs. Allen, Andrson, Benton, Brown, Buchanan, Calhoun, Clay of Alabama, Cuthbert, Dixon, Fulton, Grundy, Henderson, Hubbard, King, Linn, Lumpkin, Mouton, Nicholas, Norvell, Pierce, Prentiss, Roane, Robinson, Sevier, Strange, Sturgeon, Tappan, Wall, Williams, and Wright -30. NAY-Mr. Smith of Indiana-1. The second resolution was then read as follows:
2. Resolved, That such assumption would be highly inexpedient, and dangerous to the Union of the States.
After some remarks from Mr. DIXON, it was agreed 10-ayes 28, noes 3, as follows:
YEAS-Messrs. Allen, Ben'on, Brown, Bachanan, Calhoun, Clay of Alabama, Cuthbert, Fulton, Grundy, Hubbard, King, Linn, Lumpkin, Mouton, Nicholas, Norvell, Pierce, Prentiss, Roane, Robinson, Sevier, Strange, Sturgeon, Tappan, Wall, Williams, and Wright-28.
The amendment was disagreed tomayes 6, nays 25, as follows:
YEAS–Messrs. Belts, Dixon, Prentiss, Robinson, Smith of Indiana, and While-6.
NAYS-Messrs. Alien, Anderson, Benton, Brown, Calhoun, Clay of Alabama, Cuthberi, Fulton, Grundy, Henderson, Hubbard, King, Linn, Lumpkin, Mouton, Nicholas, Norvell, Pierce, Roane, Sevier, Strange, Sturgeon, Tappan, Wall, and Wright—25.
So the resolutions were agreed to, as follows:
1. Resolved, Tnat ihe assumption, directly or indirectly, by the General Government, of the debts which have been, or may be, contracted by the States for local objects or State purposes, would be unjust, both to the States and to the people.
2. Resolved, That such assumption would be highly inexpedient, and dangerous to the Union of the States.
3. Resolved, That such assump:ion would be wholly unau horized by, and in violation of, the Constitution of the United States, and utterly repugnant to all the objects and purposes for which The Federal Union was formed.
4. Resolved, That the assumption of such debts, either openly, by a direct promise to pay them, or disguisedly, by giving security for their payment, or by creating surplus revenue, or by applying the national funds to pay them, would be a gross and flagrant violation of the Constitution, and wholly unwarranted by the letter or spirit of that insirument.
5. Resolved, That while the Senate of the United Slates is fully impressed with the importance and correctness of the principles contained in the foregoing resolutions, it is not intended thereby to create any doubt of the constitutional right of the States to contract debts, nor of their resources, disposition, or ability to fulfil the engagements which They bave contracted for purposes of internal im. provement, as well as for other subjects within the range of their reserved powers.
On motion, the Senate, at 8 o'clock, adjourned until Monday next.
on the 13th day of January last, refer the case of the New Jersey contested elestion, with all the papers relating thereto, to the Ccommittee of Elections, with insiructions to inquire who were entitled to occupy the five seals as Representatives from the Stale of New Jersey; and whereas said committee did proceel in said inquiry, until the parties contesting for said seats, by permission and under the authority of said c mmittee, lefi the city, and proceeded to the State of New Jersey, for the purpose of taking les imony in relation to their respective litle to occupy seats upon the floor of this House the t'me allowed by the committee for that purpose being until the 2d Monday of April next; and whereas by another resolution pas:ed on the 28th Fe. bruary last, this House instructed said committee forthwith to report which five of the persons claiming to be elected members from the State of New Jersey received the greatest number of lawful vo es of the people of said Stale; and whereas said committee did, on the 5th day of March instant, report that PhilEMON DICKERSON, Peter D. VROOM, Joseph Kille, William R. COOPER, and DANIEL B. RyalD, received the greatest number of lawful voles, without having tirst examined the evidence as to the legality of voles alleged to be illegal, or as 10 the legality of certain polls alleged to be illegal, without notifying er hearing the parties; and whereas, a resolution is now pending declaring that Philemon DICKERSON, Peter D. VROOM, Jo. SEPH KILLE, William P. Cooper, and Daniel B. RYALL, are entitled to take seats as members of the Twenty-sixth Congress for the State of New Jersey, now, 10 ihe end that justice may be done, and that this House will not proceed to decide so grave a question as that of the right of a State to a representation on this floor, in the absence of, and without hearing, the parties interested,
Winkelen in the same righteasted of the per
NAYS–Messrs. Dixon, Smith of Indiana, and White-3.
The third resolution was then read as follows:
3. Resolved, Thal such assumption would be wholly unauthorized by, and in violation of, the Constitution of the United States, and utterly repogoant to all the objects and purposes for which The Federal Union was formed.
And it was agreed to-- ayes 29, noes 3, as folJows:
YEAS-Messrs. Allen, Anderson, Benton, Brown, Buchanan, Calhoun, Clay of Alabama, Cuthbert, Fulton, Grundy, Henderson, Hubbard, King, Linn, Lumpkin, Mouton, Nicholas, Norvell, Pierce, Prentiss, Roane, Robinson, Sevier, Strange, Surgeon, Tappan, Wall, Williams, and Wrighi, 29.
NAYS—Messrs. Dixon, Smith of Indiana, and Whire-3.
The fourth resolution was then read as follows:
4. Resolved, Thal to set apart the public lands, or the revenues arising therefrom, for the betorementioned purposes, would be equally unjust, inexpedient, and unconstitutional.
Mr. BENTON moved 10 amend by striking out all after the word Resolved, and inseri, “That the assumption of such debts, either openly, by a direct promise to pay them, or disguisedly, by giving security for their payment, or by creating surplus revenue, or by applying the national funds to pay them, would be a gross and flagrant violation of the Constitution, and wholly unwarranted by the letter or spirit of that instrument;" which was agreed to, without a division.
Mr. NORVELL then moved to amend, by adding the following:
5. Resolved, That while the Senate of the United States is fully impressed with the importance and correctness of the principles contained in the foregoing resolotions, it is not intended thereby to create any doubt of the cons:itutional right of the Stales to contract debts, nor of their resources, disposition, or ability to fulól the engagements which thay have contracted for purposes of internal improvement, as well as for other subjects within the range of their reserved powers.
Which was agreed to-yeas 23, nays 7, as follows:
YEAS-Messrs. Allen, Anderson, Benton, Brown, Buchanan, Clay of Alabama, Cu!htert, Fullon, Grundy, Henderson, King, Linn, Lumpkin, Mouton, Nicholas, Norvell, Rvane, Robinson, Sevier, Sturgeon, Wall, Williams, and Wrighi23.
NAYS-Messrs. Calhoun, Hubbard, Pierce, Smith of Indiana, Strange, Tappan, and Whire—7.
Mr. BETTS then offered the following as an amendment
Resolved, That the distribntion of the public lands, or the revenues arising therefrom, aniong the several Siates would he equally unjust, unconstitutional, and inexpedient.
Mr. WRIGHT asked for the yeas and pays on this amendment. He wished to see if the Senator from Connecticut would vote for his own proposition; or if, at this late hour of the evening, propositions are made which the Senators offering them will not vote for themselves.
Mr. BETTS said he would not vote for it, but his object was to get a direct vote of the Senate on the proposition.
After some remarks from Mr. CLAY of Alabama, on the impropriety and irregularity of offering a proposition identical with one which had just been acted on,
Mr. KING said, if the Chair decided the motiod to be in order, an appeal conld be taken
from the decision of the Chair, and it would then 1 te time enough to debate the motion.
The CHAIR decided the motinn to be out of order.
Mr. PRENTISS then moved to har amend the resolution by inserting the following:
“But nothing contained in the foregoing reso. lutions is to be understood as denying or question. ing the right or power of Congress to make an equal distribution of the proceeds of the public lands, among all the States, according to the terms and conditions of the deeds of cession,"
HOUSE OF REPRESENTATIVES,
Friday, March 6, 1840. Mr. GATES, by general consent, made a statement in relation to the following portion of Mr. BYNUM's speech, as published in the Globe of last evening:
From the Le Roy Gazelle. ":Very much like, irdeed! The editor of the Ohio paper abandoned the Whigs because they nominated the Abolitionists, and joined the Loco Focos because they went for the dough-faccs, while we left the Jackson parly because it adhered to slavery, and united with the Whigs, because they supporled Abolition!!
“This paper was then edited by Mr. Gates, now a member on this floor."
The substance of the statement of Mr. G. was, that although he was once the editor of the Le Roy Gazette, he did not edit ihe paper when the above article was published, but was a member on this floor. The paper was then, and at present, edited by Cyrus Thompson, jun.
Mr. BYNUM said ihere could be no doubt but that a mistake had been made, as until this morning he was not aware that the gentleman from New York had resigned the editorship of that paper.
The House then resumed the consideration of the report made last evening by Mr. CAMPBELL, from The Committee of Elections, on the N. Jersey ca:e.
Mr. PETRIKIN modified his resolution, by adding "n the manner heretofore authorized, and by a majority of the Committee of Elections."
Mr. CAMPBELL appealed to the gentleman from Pennsylvania to withdraw his motion for the previous question, in order to allow an opportunity for the minerily of the committee to make a report, so that the subject might take the usual course, the testimony be printed, and the subject postponed to a day certain.
Mr. PETRIKIN refused to withdraw his motion.
Mr. BRIGGS asked leave to submit the following resolution:
Whereas this House did, by a resolution passed
sons claiming seats, as of the people whom they claim to represent, lo be present, and heard before Their title to seats shall be passed upon by this House.
Resolved, that the whole subject of said election be postponed until the second Monday of April nexi, and that the report and all the papers relating there to be printed, and that the Speaker be directed to notify the parties claiming seals, that they may, if they see fit, be present on said day, and be heard in the premises ai the bar of this House.
Obje. tion being made, Mr. BRIGGS moved a suspension of the rules for the purpose. On this motion ihe yeas and nays were ordered, and resulted-yeas 95, nays 112.
So the rules were not suspended.
The CHAIR ordered the documents accompa. nying the report os the Committee of Elections to be read.
Mr. CAMPBELL said he had appealed to the gentleman from Pennsylvania (Mr. Petrikin] 10 withdraw his motion for the previous question, but in vain. He now, thorefore, moved to lay the rea solution of Mr. FillMORE, with the amendment moved by Mr. PETRIKIN, on the table.
The CHAIR reminded Mr. CAMPBELL that that motion, if it prevailed, would carry the report itself to the table.
Mr. CAMPBELL thereupon withdrew his motion.
The reading of the papers commenced, and have ing proceeded some time
Mr. EVERETT withdrew his call for the read. ing, and it was suspended.
Mr. RIVES inquired whether it would be in ora der to move to suspend the further consideration of the report of the committee till Tuesday nexl, and to make it the special order for that day at 12 o'clock, and so to continue every day at that hour, till the subject should be disposed of?
The CHAIR replied it could only be done by universal consent.
Objection was made.
Mr. SMITH of Connecticut inquired whether the previous question had been withdrawn?
The CHAIR replied in the negative.
Mr. RIVES modified his motion so as to make the report the special order at 1 o'clock.
Objection being made-
Mr. BELL rose to order, and insisted that the amendment of Mr. Petrikin was out of order, as it had no relation to Mr. FILLMORE's resolution, 10 which it had been moved.
The SPEAKER replied that, on examination, he had himself come to the same conclusion; but as action bad since been had, it was now too late to raise the ques'ion of order.
Mr. BELL contended that, as no decision had yet been had on the resolution or amendment, it was not too late for the Chair to revise its decision.
Mr. TURNEY opposej ti.al view, and referred to the previous practice of the House.
At this point, the morning hour having expired,
Mr: LEWIS WILLIAMS still ins sted that it was not too late:
The question was now put on Mr. Rives's motion to suspend the rules, but it failed-yeas 110, nays 94: (not two-thirds.)
(On the name of Mr. Everett being called, he inquired whether the previous question was withdrawn? The Speaker informed him it was not. Mr. E. said, then I answer, no.]
The residue of the day (it being now 2 o'clock) was taken up in the discussion of a point of order.
The SPEAKER, by general consent, had presenied to the House a certain paper, understood to be tes. timony relating to the contested election in New Jersey, and which had boen referred, on motion, to The Committee of Elections.
This having been done in the manner in which communications on the Speaker's table are usually disposed of, by a formal motion, indeed, but without general attention having been called to the import of ihe paper; and the Speaker being in the act of passing to other business,
Mr. FILLMORE rose and called for the reading of the document, at the same time submitting a motion that it be printed.
Mr. PETRIKIN objected.
The SPEAKER said the paper bad already been referred, and the motion of the gentleman was not in order, except by general consent.
Mr. EVERETT suggested to Mr. FILLMORE that he could attain his objeot by moving a reconsi. deration.
Mr. FILLMORE thereupon moved to reconsider the vote by which the paper had been refersed. (This is a motion which, under the rule, takes precedence of all other questions, except a motion to adjourn.)
Mr. F. then proceeded to say. I snppose I am not at liberty to say any thing of wbat took place in the committee; but I take it for granted that I may, by way of argument, speak, by supposition, of any thing else. I will suppose ihat there was a committee in the British House of Commons on the subject of an election
Mr. PETRIKIN rose and inquired if the gentleman was in order in proceeding to debate his motion at this time?
The SPEAKER said the motion to reconsider took precedence over all other motions.
Mr. PETIKIN. Bat not the consideration of the motion.
The SPEAKER said that the motion and the consideration of the motion could not be separaled.
Mr. PETRIKIN then submilled the point of or. der, that the SPEAKER having announced the orders of the day, (which were private bills,) a motion 10 reconsider could not be debated and considered, save by a vote of two thirds.
The SPEAKER having ruled to the contrary, and that the motion to reconsider was now before the House for consideration
Mr. PETRIKIN appealed from the decision of the CHAIR.
Mr. FILLMORE required that the gentleman's point of order be reduced to writing, lhat it might be entered on the journals. He had been often enough put down, he said, by a mere numerica) force, in every thing which related 10 this New Jersey election. Genilemen on the other side would hear pothing, see nothing, but would decide.
The SPEAKER called on Mr. Petrikin 10 reduce his point of order to writing; which was done.
Much conversation ensued, and statements were made by several gentlemen as to the s'ate of the facts, as sel forth in Mr. P's written point of 01der.
When a motion was made by Mr. HOLLEMAN to lay the appeal on the table.
Mr. RANDOLPH asked the yeas and pays; which were ord red.
Much rap d and desultory conversation followed.
Mr. FILLMORE inquired of the Chair whether the motion lo lay the appeal on the table, if it should prevail, would carry with it the motion to reconsider ?
The SPEAKER said that, in his opinion, it would.
Mr. FILLMORE said then the SEEAKER would do indirectly that which he could not do direcily. A gentleman entitled to the floor might thus be cut off in the midst of his remarks by a mere incidental point of order, having no connection with the main subject of debale.
The SPEAKER said a motion to lay on the table was not debatable.
Mr. FILLMORE appealed from the decision of the Chair, that the motion to lay the appeal on the table, if it prevailed, carried with it the motion to reconsider.
If such a construction of the rule was to be recognised, (Mr. F. said,) every man here would hold his right to the floor at the will of the gentleman from Pennsylvania, (Mr PETRIKIN ]
Mr. DAWSON said that, for the first time in his life, he rose to a point of order.
The SPEAKER said he could entertain no more questions of order till these pending were deciiled.
The appeal of Mr. Fillmore was then debated briefly by Messrs. LEADBETTER, GRAVES, ALFORD), BRIGGS, and BANKS.
After which Mr. BANKS moved to lay upon the table.
Mr. PETRIKIN demanded the yeas and nays, which were ordered.
And the SPEAKER having stated the grounds of his decision
The question was then taken on the motion to lay on the table the second appeal, to wil, the appeal of Mr. FILLMORE from the decision of the Chair, thai tho motion to lay the first appeal on the table, if it should prevail, would carry with it ihe motion to reconsider.
And it was decided in the affirmative : Yeas 98,
question; but at the request of the SEAKER, who said that he had found a decision which seemed to go against the one which he had given, withdrew the moiion.
The app al was further debated by Messis, CLIFFORD, BRIGGS, and HOLLEMAN.
The SPEAKER then gave the floor 10 Mr. ANDREW3 of Kentucky, who yieleed it, however, to enable the SPEAKER !o make a statement.
The SPEAKER then cited a case which had occurred to the Congress of 1834, (the particulars of which the Reporter could dis inctly hear,) in which the then SPEAKER had decided that an appeal was a separate and independent question. There was also, the SPEAKER said, a decision of his own, at the present session, by which it had been decided that the appeal an independent questiin. This certainly was opposed to his own views; bu', finding such a decision, and finding that such had been the previous decisions, he felt bound to conlorm to them, and must decide that the question now before the House was on the appeal of the gentleman from Pennsylvania.
This appeal (see above) was taken from a decision of the Chair that the motion to reconzi 'er could be debated aod considered now, withoct a vote of iwo-thirds.
And the immediately pending question thereon was the motion submited by Mr. HOLLEMAN that the appeal do lie on the table.
Mr. TURNEY now moved that the House adjourn.
Mr. TOLAND urged the gentleman to withdiaw bis motion, to enable him to offer a resolution.
Mr. TURNEY declining,
So the second appeal was laid on the table.
(Under the decision of the Chair, as given above, this vote would have taken with it the previous apreal, and the motion to reconsider. But)
Mr. FILLMORE rose and asked if he had a right to proceed in his remarks ?
The SPEAKER said the gentleman had not the right.
Mr. FILLMORE then said he must, with all re. spect for the Chair, take an appeal, which, at the request of the CHAIR, was ieduced to writing as ful. lows:
“Mr. FillMORE had the the floor, and was speaking on a motion to reconsider a vote of the House. He was called to order. The SPCAKER decided he was in order; from this decision an appeal was laken. A motion was then made to lay that appeal on the table. On this a question was raised, whether the motion to lay on the table was in order? The SPEAKER decided it was, and on this an appeal was iaken. A motion was made to lay this appeal on the table; which was put and carried.
“The SPEAKER then decided that the original motion to reconsider is laid on the table, and that Mr. Fillmore is deprived of his right to proceed in the debate.
“From this decision IWr. FiliMORE appeals, in. xisting that the original judgment of the Chur stands, as it is not reverted, and lhat he is entitled to the floor, on the original motion to reconsider.”
The appeal was debaied at length by Mr. BARNARD, (who suggested 10 Mr. FilLMORE a modification of the form of his appeal,) and by Messrs. POPE and PETRIKIN.
When Mr. PETRIK IN moved the previous
HOUSE OF REPRESENTATIVES,
SATURDAY, March 7, 1840. After the journal had been read,
Mr. DUNCAN inquired whether the report of Committee of Elections on the New Jersey election, with the resolution of Mr. PETRIKIN, was not the yrst business in order.
The SPEAKER responded that, in his opinion, the first business in order was the appeal of the gentleman from Pennsylvania, in relation to papers referred 10 the Committee of Eelections yesterday.
On motion of Mr. TOLAND, it was
Resolved, That the use of this hall be allowed for an exhibition of he pupils of the Pennsylvania Instilution for the education of the Blind, under the direction of Dr. Thomas Rhoads, Principal of the Institution, on Monday morning next, from 10 to 12 o'clock.
Mr. MONTGOMERY gave notice, in writing, that he would offer the following amendment to the 126th rule of the House: “Sirike out all from the word 'therefor,'in said rule, to the end thereof." The rule now stands as follows:
“No standing rule or order of this House shall be rescinded or changed without a day's notice being given of the motion therefor; nor shall any rule be suspended, except by a vole of at least two thirds of the members present. Nor shall ine order of business, as established by the rules of the House, be postponed or changed, except by a voie of at least ino-ih rds of the members present.”
Should the rule be amended, it will read as fullows:
“No standir.g rule or order of the House shall be rescinded or changed without one day's police being given of the motion therefor."
This amendment is intended to give a majority of the people's representatives on this foot, at all times, the power to proceed to the transaction of the imporiant public business of the country, and to expunge from our rulez (as I believe) that most unjust and tyrannical rule which begins, “Two-thirds of the people's representatives to transact the most important public business of this nation, except at particular times and under parlicular circumstances."
The SPEAKER then announced the business before the House to be the appeal of the gentle. man from Pennsylvania, (Mr, PetrikiN,) from a decision of the Chair on yesterday, “That ibe mo
tion to reconsider could be debated and considered now without a vote of two-thirds."
The question pending was on the motion of Mr. HOLLEMAN to lay the appeal on the table.
Mr. HOLLEMAN, being entitled to the floor, said that, with a view of saving time, he would withdraw the motion to lay on the table, so that the question could at once be taken on the appeal. He then moved the previous question on the appeal, which, being seconded, ibe main question on the appeal was taken, and resulted in the decision of the Chair being sustained-yeas 88, nays 86.
Mr. DUNCAN bere rose to a question of order. He contended that the first business before the House was the report of the Commi'tee of Elections on the New Jersey case, with the resolution of Mr. PETRIKIN, on which the previous question had been ordered. In bis opinion, nothing could intervene or prevent the imir ediate action of the House on that previous question. He urged that the whole business, out of which the appeal had arisen, was out of order.
Mr. D. at the request of the Chair, reduced his point of order to writing.
“It is ont of order to intercept the previous question by the introduction of any question, discussion, or reading of evidence.
“This House, by resolution, required the Commiltee of Elections to report forth with, who of the len contesting members from New Jersey had received a majorily of the lawful votes at the Congressional election of 1838. The committee did report in conformiiy with the resolution. The ieport was in favor of Mr. DICKERSON and his associates. The report was read: a resolution was offered to recomm t, and for other purposes. A resolution was offered, by way of amendment, the object of which was to authorize Mr. DiCKERSON and his associates to take their seats; and on that resolution the previous question was moyed. It is out of order to entertain any proposition, which will intercept the immediate action of the House upon the previous question now pending. Such is is the character of the measure now before the House, which I contend is out of order.”
The SPEAKER decided that the motion of Mr. FILLMORE TO reconsider the vote by which certain papers relating to the New | Jersey contested election had been referred to the Committee of
Elections, took precedence over the report of that committee curing the morning hour.
From which decision Mr. DUNCAN appealed; and he I novd the previous question.
M. BRIGGS and Mr. TRIPLETT several'y submitted to the CHAIR that this identical point of order had been already
c'ecided, and that it was not in order to raise the same question ligain
The SPEAKER said he was or opinion that the question was the same as ihat just decided; but other gep'lemen might dis
ler, and time might be saved by putting the question. 1 And, after some conversation, the question was put, and the
demand for the previous question (ayes 97, noes 78) was se. conded.
And the main question (to wic, " Shall the decision of the CHAIR stand as the judgment of the House ?") was ordered to be now taken.
Mr. TURNEY called for the yeas and nays, which were or
Mr. FILLMORE proceeded to address the House (hypothetically) in relation to the proceedings of the committee.
He entered into the general merits of the contested election an:I made some severe strictures on the report of the commit. tee, the majority of which he censured for refusing to consider cerian depositions in relation to the votes of South Amboy, and of suppressing them by the force of num rical strength. The substance of his remarks is embodied in the following preamble to his resolution of last week.
Mr. FILLMORE, after speaking some time, called for the maling of the tes:imony which had been referred to the Com. 1
millee, and which it would be the effect of his motion, should it
prevail, to bring back and place under the control of the | House.
Mc STEENROD objected.
qucs. tien, and did not know what they centained.
M. MEDILL inquired whether it would be proper to ask
Mr. CHAPMAN opposed the reading as out of order.
The CHAIR ruled the reading to be in order, and, in support of that decision, read the rule applying to the care.
Mr. CHAPMAN now said that he was satisfied the reading was in order, and he withdrew his objection in it. The reading of the testimony having proceeded for some Mr. JIAND objected to its continuance, and raised a question of order, but the objection was overruled.
And the CLERK Coolinued to read until the papers had been read through.
XI. FILLMORE then resumed, and continued to address the
House for a considerable time longer, when he gave way for Mr. W. THOMPSON to move an adjournment.
The yeas and nays being ordered, Mr. T withdrew his motion, but it was immediately renewed by Mr. STANLY, but the yeas and anys belug laken, it was negatived--ycas 75, nays $5.
So the House refused to adjourn.
Mr. CAMPBELL, chairman of the Committee of Elections, interposed to explain, and said he had no objection to all the testimony in the case being immediately printed.
Nr. FILLMORE resumed the floor, and spoke without further interruption till he had concluded his argument.
Mr. MEDILL of Ohio, (a member of the committee,) then took the floor in reply. He said he did not rise so much with the view of answering the arguments of the gentleman from New York, (Mr. FILLMORE, ) in relation to the merits of the repore, as to repel the attack which he has thught proper to make upon a part of the cominittee. The report is not now under consideration Whenever it shall be, I am prepared, said Mr. M. to show that the facts are correctly set forth, and that the conclusion at which it arrives is sustained by testimony of the most unquestionable character. It is not claimed that the report is baseli on a complete purgation of the ballot boxes throughout the State. This appears to have been an asterthought of the gentlemen who first claimed seats under the Governor's "seal," and has been resorted to for the purpose of concealing from public observation one of the most extraonli. nary frauds that has ever been attempted on the suffrages of the people. It is founded, as it professes to be, on the voies re. ceived at the polls in pursuance of the laws of that State, by the sworn officers, whose duty it was to conduct the electious. These officers are the only judges of the qualifications of an elector that are known to the laws of New Jersey. They act under the solemnities of an oath, and it is made a penal offence knowingly to receive a vote from any one not possessing the qualifications of an elector ás prescribed by the Constitution and laws of the state. It is further set forth that depositions had been submitted to the committee, with the view of showing that votes had been received at the polls, from persons who were not entitled to the right of suffrage, and that one of the officers of election at South Amboy was unlawfuly prevented from act. ing, and another substituted in his place. But it all the votes proved thus to be illegal by competent testimony, were taken from those who received a majority at the polls, the result in relation to any one of the claimants would not be affected. With what propriety, then, said Mr. M. does the gentleman denounce
face tional lie? On 'what grounds is the assertion na le? Is not the basis on which it proceeds candilly and fairly set forth? Are not the statements made in pursuauce thereof strictly correct, and the conclusion al which it arrives, justly inserable? Does the gentleman desire to be un. derstood as answering negatively to any one of these interrogato. ries? Then let him call for the reading of the testimony, and direct the attention of the House to that part by which he seeks to sustain his assertion. Sir, said Mr. M. I apprehend that the gentleman's imagination has taken the start of his judgment. When he spoke of a paper bearing on its face the evidence of a "national lie," I cannoi but think that a certain certificate, verified by the "greul seal of New Jersey, was passing through his mind." That a knowledge of the fact of the Chief Magistrate of a great state certifying to an untruth, under the emblem of is sovereignty, should excite his indignation, and continue to haunt his thoughts, whether on this floor or in the private walks of lise, is by no means surprising. The whole proceelings, with the testimony on both sides, are about to be subrnillel to the public-a tribunal that never fails to do jus. tice, however tardy in its judgment. The report itself is the prosecution of a member of the committee who voted through out in favor of admitting the certificate members, and whose opinions were not likely to have been biased hy any partiality for others.
Bat, said Mr. M. the gentleman has seen proper to attack the majority of the committee; and by suppozing a course of conduct which he desires the IIɔuse to consider as having taken place in the committee room, has charged them with acts of the grossest injustice. The reasong urged in favor of setting aside the election at South Amboy were, that one of the officers of the election was unlawfully prevented from acting, and anotler person substituted in his place, and that certain aliens had been permitied to vote. In n aking up his figured issue, the gentleinan has charged the majority of the committee with re using to consider the depositions that were taken to establish these facts, and seeking to suppress them by the force of numerical strength. Sir, said Mr. M. I am not one of those who will permit arser. tions of this kind to go forth, where I ain personally concerned, although they be hypothetical, without accompanying them with a stamp by which they will be recognisedand appreciaied, wherever they go. The gentleman was not even satisfied with giving them a durability co-existent with his speech, but las embodied them in a preamble and resolutions, and placed them on the journal of the House. Sir, I ask these charges are founded in truth? Was no part of the depositio taken by the certificate claimants in relation to the election at South Am boy, read and considered in committee? Nay, further: Were not all the depositions relating to that inquiry, and wliich were in the possession of the committee when ihe report was directed w be drawn, icad and acted on? And although a part of them were rejected as incompetent by the committee, with but one dissenting voice, have they not all been submitted with the report, for the consideration of the House? With what propriety, then, and on what growds, does the gentleman assert that these depositions were excluded from the consideration of the committee, when his own name will appear recorder on the ques: tion? It may be that they were made with the view or break. ing the force of the report, and still keeping the public in doubt respecuing the true nature of this infamous iransaction.
But, sir, rail Mr. M. there are other depositions alleged to have been taken by the certificate clamants in relation to the same subject, and which were referred to the committee their report was submitted to the lleure. Although directed to you, and only laid before the House and referred this morn. ing, lihink I recognise in them acquaintances of two or three days' standing. 0 Tuesday last, the chairman assembled the committer, and laid before them the report which he had prepared, in pursuance of the principles previously agrred, with the view, as is understood, of presenting it to the House that niorning.
(llere Mr. Smith interrupted Mr. MçDILL, and required that
he observe the rule of order, that forbids any reference to the proceedings of the committee.]
Then, continued Mr. N. I will follow the example that has been set me by the gentleman from New York, (Mr. FILLMORE,) and suppose a case, intending to be under stood, how. ever, as asserung what has actually taken place. For this purpose I will raise a select committee, and direct its attention, for a few minutes, to the case now in hand. Suppose, then, that the committee had been sitting about five weeks, and bad examined all the testimony submitted to its consideration by the respective claimants-that the cer tificate gentlemen finding the "great seal” was beginning to melt before the burning influence of the poll books, asked Surther to experiment on the good people or New Jersey, and try if they could discover a sufficient number of illegal votes throughout the State to counterbalance the Democratic majo. rities in the townships that were suppressed. Suppose, in pursuance of this request, that the commillee, by a bare majority, had postponed the further considerauon of the case, and autho. rized the taking of additional testimony, until the second Monday of April next, in the manner and upon notice prescribed by the laws of New Jersey, reserving to itseli, however, the right of reporting to the flouse the facts as they then appeared before the committee. That, on the 28th ult. this blouse passed a resolution instructing the committee forthwith to report which five of the claimants received the greatest number of lawful votes from the whole State, with all the evideuce or that fact in their possession--ihai they assembled on the next morning, agreed on the basis and principles of a report, and directed the chairman to prepare it accordingly. Suppose that, on the 3d instant, the committee were called together, the report subroilted, and found in all things to correspond with the data on which it was pre. viously directed to be made--that at this time a member of the committee drew from his pockti a package, under a sealed envelope, directed to the Speaker of the House of Representa. tives, and purporting to be depositions in relation to the New Jersey election, and desired that they might be opened by the chairman, read, and considered, before the report should be submitted to the House These depositions were said to refer to the manner of holding the election at South Amboy, although no. thing of the kind wag endorsed on the envelope. This gentleman, whose pocket, instead of the Speaker's desk or chairman's port folio, was made the depository of these depositions, appeared to understand their contents, and professed to have received a letter from one of the claimants whose pretensions they were designed to sustain, explanatory of their import. Such (said Mr. M.) was the time, and such the circumstances under which these depositions appeared before the committee. It is true that it was subsequenily proposed to send them to the Speaker of the house, to the end that they might be opened and immediately returned to the committee; and 18 true that this proposition was also rejected. Here, then, is the only paper relating to the case, according to my recollection, thai was not considered by the committee before the report was presented to the House.
But the language (said Mr. M.) which the gentleman from New York (Mr. Fillmore) has used to wards the majority of the committee, will warrant a surther examination into the circumstances, under which these depositions first made their appearance. Let us for a moment advert to the facts in the case.
The consideration of the subject on the ultimate right of the claimants had been postponed until the second Monday of April. They were engaged in taking testimony, with a view to a final adjudication at ihat period. The committee had not precluded themselves from making a preliminary report, should it be deemed advisable to do so, but the parties had a right to expect that it would be on the evidence examined, when they were personally present. A resolution passed the House on the 28th ultimo, calling for such a report. It was prepared and submitted by the chairman on the 31 instant. Sufficient time had intervened for a letter to reach South Amboy, where depositions were being taken, and a package to be transmitted from thence to this city. The depositions appear. I ask (said Mr. M.) is there were no grounds for him to suspect tha: all was not right The order of the committee, as well as the laws of New Jer. sey, required that they should be certified, sealed up, and either handed or transmitted, by the officer before whom they were taken, to the SPEAKER of the House of Representatives.
llow came they in the pocket of a member of the committee? They were sealed up, but was it done by the officer before whom they were taken, the party whose claims they were in. tended to sustain, or some one in ti is city? There was nothing on the envelope by which these facts could be satisfactorily ascertained. They were directed to the Speaker of the House of Representatives, butlig whose hand? The gentleman, under whose polite attentions they were introduceel into the committee room, asserted that they related to the manner of conducting the election at South Amboy: but did they contain all the testimony that was taken on that subject; or did they only embrace the evidence on one side? Were they procured and transmitted to this city without the knowledge of the opposing claimants, and whilst they were actually engaged in examining the rebutting witnesses?
These are inquiries which the gentleman's accompanying letter may have answered very satisfactorily, to his mind; but which, in my opinion, rendered the testimony wholly unworthy of consideration either in the committee or this House. Sir, said Mr. M. Thave seen enough of this case to awaken my suspicion, to excite my watchfulness, and to induce me to 'insist on the observance of those rules that preclude the possibility of fraud. No one, it appears to me, who has examined the subject, and whose mind is unbiased hy the party prejudices of the day, can view the course pursued by the county clerks, the Governor and his ten Councilmen, in any other light than as a most daring attempt to control the sovereign will in the selection of public officers. If these depositions were actually forwarded to this city by one of the parties, without the knowledge of the other, and before the examination of witnesses at that place, and in relation to the saine subjec!, had closed, as there was but tou muclireason to suspect, is there a member on this floor who would seek to make the foundation of report on a matter of so much interest to the people of this country? And I am assured, on the authority of a letter received in this city, and which now lies before me, that much was the case. The House will, there. fore. see whether any evidence was surpressed, and on what foundation the gentlemani's assertion16 rest. The gentleman, said Mr. M. has also insinuated that the majority had assembled after the adoption of the report, and reconsidered a vote, in the absence oi three membere, that had been taken in full committee, This, like his other charges, is without any jusç
or real foundation in fact. The committee, at the meeting alluded to, was equally as full as when the original voce was ta. ken. I two of the members saw proper 10 step out of the room after the question was put, and a third declined votingthat third being the gentleman himself-il is no fault of ihe majority. Their absence was voluntary and intentional, and the charge itself unworthy of so respeesable a source. Having already addressell the House at length, said Mr. M. I will not follow the gentleman in discussing the merits of the case. I rose to repel che unjust aspersions which he attempted to cast on a majority of the committee, and to expose to this House and the country, the desperate shifts that were being resorted lo for the purpose of sustaining the Governor and Privy Coun. cil of New Jersey, in their attempted invasion on the rights and liberties of the people of that patriotic State.
Mr. TURNEY, after some preliminary remarks, moved the previous question on Mr. Fillmore's motion to reconsider.
Mr. FILLMORE moved a call of the House.
Mr. SMITH of Connecticut, (anoiber member of the com. mittee,) rose to explain, in reply to Mr. Medill, but, amidst loud cries of order, resumed his seat.
The previous question was now seconded.
Mr. FILLMORE renewed his motion for a call of the House; and on this motion Mr. SMITH of Counecticut demanded the y eas and nays: which being ordered
Mr. GRAVES moved to adjourn.
On this molion Mr. Mr. TÚRNRY demanded the yeas and Days, which, being taken, resulted as follows--yeus 79, nays 98. So the House refused to adjourn.
The question then recurring on a call of the House, it was decided by yeas and nays in the negative--yeas 61, nays 100. So the House resused to order a call of the House.
The previous question was now put and carried.
And the main question being on Mr. FILLMORE, motion to reconsider
It was decided in the negative, as follows--yeas 78, nays 96.
So the Houee refused to reconsider the order by which cer. tain additional testimony in the New Jersey case had been referred to the Committee of Elections.
Mr. FILLMORE said it had been suggested to him by reve. ral of his friends that the member from Ohio had impuied improper oonduct to him before the commitles, and had thrown out the idea that he (Mr. F.) was the individual who presented the sealed testimony. Now, all he wished was for the member from Ohio to stale wbether he intended to be so understood or not.
Mr. MEDILL said that when he had previously addressed the House, he was prevented from giving a full statement of the circumstances precisely as they occurred, owing to his being arrested by the member from Connecticut, (Mr. Smith,) and compelled, under the resolution of the flouse, lo speak of them as supposed cases. He would now, however, state that the facts in the supposed case exigled precisely as he had slated them. A member of the committee produced, from his own pocket, a sealed envelope, purporting to contain testimony in relation to the New Jersey election, and directed to the Speaker of the House of Representatives. That member, on producing it, demanded that the papers it contained should be read. This was before the committee submitted their report to thellouse, but after it had been prepared. lo speaking of the member, how. ever, he did not say it was the gentleman from New York, [Mr. FILLMORE,) nor did he wish to be understood as alluding to him. It was the member from Connecticut, (Mr. SMITH,] the same gentleman who called him to order for referring to what took place before the commillee But he was of opinion that the gentleman from New York had joined in desiring that the papers should be opened and read.
The SPEAKER, in reply to a question from a member, here stated, that the papers in question were delivered to him by Mr. CAMPBELL, the chairman of the committee; they were eli. closed in a sealed envelope, and were directed to him as SPEAKER. That was the first time he ever saw them.
Mr. TURNEY said he would like to know from the chairman of the committee how and in what way he came in poseesion of them.
(Here a ggene of great confusion arose, many membela at. tempting to speak al once, and which rendered it impossible for the Reporier to hear with distinctness.]
Mr. SMITH of Connecticut having with some difficulty obtained the floor, said that he had not called the gentleman from Ohio to order for alluding to any thing personal to him as a member of the commiueo, but on the ground that, under the resolution of the House, it was out of order to reler to the pro. ceodings of the commitee. With respect to the suggestion that some member of the committee had held very improper communication with one of the parties, (claimants) he knew very well that the gentleman alluded to him. He knew that he was the person alluded to, because it was himself who delivered the testimony to the chairinan of the committee, and the gentleman, is so disposed, might make as much of that fact as he pleased.
On this admission, there was some laughter from various parts of the hall,
Mr. S. said that ifgentlernen supposed what he had said im. plied any conscious guill, they were much mistaken; but if They chose to laugh, they could do as they pleased.
Mr. 8. then went on to remark, what he considered a singular circumstance. He said that while the gentleman from Ohio had been denouncing the alleged improper communication with one of the parties, he had acknowledged that he himself hail been holding such a communication.
The denunciation was all on one side. When the gentleman rises and throws impu. cations on others, he, at the same time, tells the House that he has letters from one of the parties, informing him of what was going on.
Mr. 8. went on to state, the depositions in question were sent to this city, under cover, to the Hon. Mr. OSBORNE, and under the envelope there was a letter direcied to him, Mr. S. and which any member might read, The letter was of a political character, and merely mentioned that the depositions for warded had reference to the illegal votes. The superscription on the envelope, containing the testimony, was "Toihe Speaker of the House of Representatives, care of the FIon. Mr. CAMP. BELL: depositions on the New Jersey case.”
Mr. S. said thai, at the request of Mr. OEBORNE, he took the paper, and gave it to the chairman of the committee, supposing that as the committee had power to send for persons and papere, he had a right to open it. He, Mr. 8. had been merely the instrument of taking it from his room and giving it to the chairman of the commillee. There was nothing in ihe whole thing which could cast the least imputation on him, Mr, s. con.
cluded hy complaining that the previous question had been moved before time had been given him to make the above explanation.
Mr. MEDILI. said, that, so far as the gentleman's explanation had represented him as acknowledging when up, that he himself had been holding a communication with the parties" or either of them, it was wholly untrue. Ile had made no such admission or acknowledgmeni. What he had said was, that he had been shown a leiter received by an individual in this city, and which then lay before nim, confirming the suspicions that he had previously expressed in relation to the imperiect na. lure of the testimeny in question, and ihe injustice that might have resulted from its consideration. These suspicions were freely expressed in the committee room, and in presence of the gentleman from Counecticut (Mr. Smith himsell. He was Laken by no surprise on this floor, he very properly acknow. Judges. He (Mr. M.) had held no communicauon with either of the parties, nor would he consent to consider any testimony not received through the ordinary channels prescribed by law and the rules of this Ilouse, unless the party whose rights were affected, had first an opportunity of being heari. He had never intended to refer to the matter on this floor, but had been driven to it by the unjustifiable attack of the gentlemen from New York, (Mr. FILLMORE.)
Mr. CAMPBELL asked leave to introduce a resolution that the journal of the committee and all the papers in its posges. sion, in relation to the New Jersey contested election, be printed for the lise of the House. What had passed to day in the Ilouse rendered, he thought, such a measure proper, and almost necessary.
Objections being made by Mr. RICE GARLAND, and seve. ral others,
Mr. CAMPBELL moved to suspend the rules to enable him to make such a motion.
(The noise was very great, and the Chair arrested the proceedings until order could be in some degree restored.)
Mr. FILLMORE expressed his desire that such an order should be passed.
Mr. CRABB explained on the subjeet of the introduction of the bundle of papers into the committee.
A member objected to Mr. CAMPBELL.'s motion being received, as the floor had been yielded to Mr. PETRIKIN on'y for explanation
The CHAIR decided the motion of Mr. CAMPBELL to be out of order, and declared the subject before the blouse to be the consideration of the report of the Committee of Elections, made on the 5th instant, on the New Jersey election.
The questions pending being Mr. FILLMORE's proposition to recommit
Mr. PETRIKIN's motion to amend Mr. FILLMORE's proposi. tion
And the question immediately pending being the demand heretofore made by Mr. PETRIKIN for the previous question
Mr. CAVE JOINSON moved to adjourn.
Mr. CAMPBELL claimed the floor to explain. [Confusion and loud cries of order.)
The House refuse leave for any more explanations.
Mr. CAVE JOIINSON withdrew his motion for adjournment. Mr. CAMPBELL again attempled to explain. Mr. TURNEY objected.
Mr. PETRIKIN moved an adjournment; but the motion was negatived by yeas and nays-yeas 50, nays 135.
So the House refused to adjourn.
Mr. CURTIS said that, as he believed the morning hour had expiredl, (viz. that allotted to reports and resolutions,) he demanded the orders of the day, (viz. private bills.) The CHAIR replied that the hour hail not quite expired. Mr. PROFFIT moved a call of the House. Mr. STANLY demanded the yeas and naye.
Mr. TURNEY inquire whether a majority of the Ilouse had power to refuse to go to the orders of the day?
The CHAIR replied that on ordinary days it had; but not on days get apart hy rule for private bills and business. Mr. R. GARLAND moved to adjourn.
Mr. TURNEY demanded the yeas and nays; which were ordered.
Mr. BELL wished, by general consent, to modify the language of a resolution moved by him, and agreed to by the House, in regard to the Winnebago treaty, on the ground that the lan. guage was thought to imply a want of decorum toward the Executive Department, though this had happened unintention. ally, and through inadvertence.
Mr. TURNEY objected.
Mr. ADAMS made some remarks in support of Mr. Bell's request, and moved to reconsider the vote by which the resolution had been adopted. Mr. HOFFMAN moved an adjournment.
On which motion the yeas and nays being ordered, resulted as followe-yeas 89, naye 5,
So the House, between 7 and 8 o'clock, adjourned.
Augusta, February 15, 1810. His Excellency M. VAN BUREN,
President of the United States. SIR: A communication from Mr. Fox, the British Minister, to Mr. Forsyth, Secretary of State, under daie of January 20ih, contains the following statement:
"It appears from accurate information now in possession of the undersigned, that the Governor of Maine, and, through him, the President and General Government of the United States, have been misinformed as to the facts. In the first place, no reinforcement has been marched to the British post at the Lake Temiscouta; the only change occurring there has been the reliet of a detachment of her Majesty's 21h regiment, by a de. tachment of equal force of the Ilih regiment; this force of one company being now stationed at the Teiniscouta post, as it always has been, for the necessary purpose of protecting the stores and accommodations provided for the use of her Majeg. ty's troops, who may be required, as heretofore, to march ty that route to and from the provinces of Canada and New Bruns. wick In the second place, it is not true, that the British authorities cither have built, or are building, barracks on both sides of the St. Johns riser, or at the mouth of the Madawaska river; no nero barracks hace in fact bren luilt any where."
This statement has been read by the ciuzens of this state with the most profound astonishment. And howevei high may be the source from which it emanales, I must be permitted to say, in the language of that high functionary, that "it is not true;' though, in justice to him, I should adil, that he has been misinformed. Though this state, in the vindication of her rights and maintenance of her interests, relalive to her territorial boundary, from past experience, had no reason to expect any material admnissions of the truth on the part of the British au. thorities, she was not prepared to meet such a positive and unqualified denial of facts as the foregoing exhibits, especially or facis so easily suscepuble of proor. The "accuracy" of the information alleged to be in the possession of the Minister, is only equalled by the justice of the pretensions heretofore set up in regard to title
But, not to be bandying assertions where proof is abundant, I deem it my duty to transniit to your Excellency the depositions of a number of gentlemen, citizens of this state, of great respectabily, and whose statements are entitled to the most implicit confidence.
These positiens abundantly prove, that up to May last, nearly two months subsequent to the arrangement entered iato through the mediation of General Scott, no troops whatever were stationed at Temiscouta lake: that in August, September, and October, the number did not exceeltwenty-five; while now it has been increased to about two hundred: thai, prior to May, no barracks had been erected at Temiscouta; but that, since that time, two have been built at the head of the lake, besides some tive or six other buildings apparently adapted to the establish. ment of a permanent military post, and, at the foot of the lake, two or more buildings for barracks and other military purposes: that, though no new barracks have been erected at Madawaska, certain buildings, hereteiore erected, have been engaged for use as such: that a road has been constructed, connecting the inilitary post at the head and foot of the lake-a low path made the whole length of the Ma lawaska river-The road from the head of the lake to the military post at the river Des Loup thoroughly repaireil-transport boats built, «c. &c
I would further inform your Excellency that an agent has been despatched to Temiscoula and Madawaska for the pur. pose of procuring exact information of the sale of things There at the present momenı; but having incidentally found some evidence of the state of things prior to November last, I have thought best to forward it without delay for the purpuse of disabusing the Governinent and the country of the errors into wluch they may have been led by the communication be. fore alluded to. The report of the agent will be transmitted as soon as received, which may not be short of two weeks.
Under these circumstances, I have only to repeat my official call upon the General Government for the projection of this Suate from incasion.
I have the honor to be, with great respect,
Governor of Maine.
MONDAY, March 9, 1940. The CILAIR submitted a communication from the Secretary of the Treasury, in reply to a resolution of the 25th instant, as to the Five Per Cent. Fund ofthe State of Alabama; which was laid on the table, and ordered to be printed.
Also, a message from the President of the United States, transmitting a report from the Eurgeon General in relation to sites for marine hospitals; which was laid on the table, and or. dered to be printed.
Algo, a message from the President, transmitting a correspondence with the Spanish Government, in relation to a reduction of tonnage duties on Spanish vessels; which was referred to the Committee on Commerce, and ordered to be printed.
NORTUEASTERN BOUNDARY, The CHAIR also submitted the soilowing message from the President of the United States: To the Senale:
In addition to information alreaily communicated, in compli. ance with the resolutions of the Senate of the 17th January last, I think it proper to transmit to the Senate copies of two letters, with enclosures, since received from the Governor of Maine, and of a correspondence relative there between the Secretary of State and the British Minister,
M. VAN BUREN. Washington, March 9, 1840,
To his Excellency Ilon. John Fairfield,
Governor of Maine. The undersignel has the honor to report that, in accordance with your commission of the 6th instant, he proceeded imine. diately to the St. John'a river, Temiscouata lake, &c. and as certained by actualobzerva'ion the following facts:
That twenty two miles below the mouth of Fish river, on the south side of the St. John's, and nearly opposite the Mada. waska river, a house has been filed up for barracks, and is rented by the English Government for that purpose, though no troops are there at present. It is built of hewn timber, two sto ries high, about sixty sect long and thirty wide. It has bunks prepared for over one hundred men. It is now in charge of one man only. From thence he followed up the Madawaska river, observing the tow path on past bank, which has been made and repaired by the English Government, under contracts given out by James A. Maclauchlan, esq. Of New Brunswick, the gentleman who has heretofore assumed to act as Warden of the disputel territory. This work was accomplished the past season; the length corresponds with that of the east side of the Madawaska river, which is about twenty-six miles long.
Two miles and a half below the foot of the Temiscouata Jake, on the west bank of the Madawaska river, the English erected, early last summer, a barrack, about eighty feet long and thirty wide, and two small out buildings. At this post, there are now stationed one sergeant, one corporal, and five private soldiers of company No. 3, 11th regiment in the Eng. Jish service, where they have been since about the first of Janu. ary last.
Near this point commences a road, connecting it with the English werks next described, built the past season under con. tracis given out by said Maclaughlan, for the distance of sixteen miles, ten of which are fully completed, and the remaining six nearly. That filieen miles from the foot of Temiscouala lake, on lis west wide, the English have erected eight buildings as barracks for soldiers, officers quarters, a hospital, a magazine, a storehouse, and a commissary's house, all of which are sursounded by ditches, breastworks, and stockades, on three sites; the fourth is not fully completed. An accurate plan of all these works accompanies this report, and is here parucularly reser