« ΠροηγούμενηΣυνέχεια »
constitutional grant of power to the Federal Uuion. The original jurisdiction of ihe Sale adheres to its territory as a portion of its sovereignty not yet given away, or subject to the grant of power in the Federal Constitution, ani may therefore be numbered with the residuary powers which remain in he State. But, sir, having expressed the opinion that the Sa'e has the constitutional right to protect the property of her citizens, suffer me to remark, in support of that opinion, ibat the history of the adoption of the articles of contederation, as well as that of the adoption of the Constitution of the United States, affords demonstration, that the people of the several States, however desirous to form a Confederation, Union, or General Government, were never willing for a moment, under any circumstances, to confide to a General Government the control or management of their separate and internal policy. The greatest fear of granting the power of laxation to the Federal Government, did not arise so much from a fear of taxa ion i self, as that the power might be used as a pretext for interfering with their internal affairs.
It was indipensable, however, to the efficiency of any Federal Government, that it shculd have the power of regulating foreign commerce, and be ween the Stales, by laws of uniform operation throughoat the United States, yet it was considered at the time one of the most delicate subjects that could be touched, on account of the difficulty of imposing restraints upon the extension of such power, to malters not directly appertaining to commercial regulaton. This cautious spirit may be plainly seen in the guarded language of the Constitution, in the grant of the power of taxation, and the regulation of
commerce, which give them in the most express 12 terms, yet in such as admit of no extension to oth. is er subjects of legislation, which are not included in
the enumeration of powers. Congress, while li. mited to the objects of taxation defined in the Con
stitution, may not expect to come into collision with BS TEE State laws; but the power to regulate commerce is 2018! admitted to be a subject of great difficulty, owing $35: to the peculiar situation of our country, and form of tre our political institutions. In other nations it is only
of two descriptions, foreign and domestic; in a con1 federate Government we necessarily have a third
that is, commerce belween the constituent members
of the confederacy. And in the United States, u there was a fourth which was carried on with the
numerous Indian tribes whe, at the formation of the Federal Constitution, occupied a vast portion of the territory. Each description of commerce recognised in the Constitution of the United States, is, from its nature, distinct from the other, in the mode of conducting it, the subjects of operation, and its regulation.
Let it be kept in mind that the States have never surrendered their rights to regulate internal commerce, within their own boundaries. The grant givea to the Federal Government is confined "10 regolate commerce with foreign nations, and among the several States, and with the Indian tribes;" which necessarily restricts ihe term, commerce to that which concerts more than one; and the enumeration of the particular cases to which the power was to be extended, presupposes something to which it does not extend.
Therefore, the right of the States to pass inspection, quarantine, and health laws of every description, has never been surrendered to the Federal Government, nor can the exercise of such a right be questioned upon sound constitutional principles. Ne general power over these objects having been granted to Congress, consequently they remain subject to State legislation. The quarantine, health, and inspection laws of the Stales, have very proper. ly, in most cases, have been made to operate directiy on the subjects of commerce-lhe ship, the cargo, the crew and passengers, are brought within the operation of these Stale laws.
On the very same principle by which a State may prevent the introduction of infec ed persons, or goods, and articles dangerous to the persons and property of its citizens, it may exclude paupers, incendiarie-, vicious, Jishonest, and corrupt persons, such as may en langer ite morals, health, or property of its people, This whole subject is neces
sarily connected wish the internal police of a Stale, no item of which has, 10 any exteni, been delegated to Congress, and every branch of which has been excepted to the prohibitions on the States, and is of course included in the reserved rights and powers of the States. Ia the remarks which I have submitted, Mr. President, I should not do justice to myself, or to Judge Baldwin, of the Supreme bench, were I not here to acknowledge my indebtedness to that able jurist and sound expositor of constitutional law, for having published his views upon the Constitution of the United States, from which work I have derived much aid in the formation and expression of the opinions which I have presented to the Senate on this occasion. The judicial decisions of Judge Baldwin, it is believed, will go to sustain the doctrines which I have advanced.
It only remains for me to ask that these resolutions, together with the correspondence which I have referred to, may be referred to the Commit:ee on the Judiciary, and be printed.
Mr. WILLIAMS said that he hid not rise to oppose any action which might be desired by the State of Georgia upon these resoluti ns, either by Congress or by that State, but to slale some facts as he understood them, in addition to the s'atement of the Senator from Georgia. As he understeod the question bátween Georgia and Maine, it had no relation to the right of Georgia to make such laws, and to execute them within her own limits, as might appear to that State just and proper, but to the question wheiher or not the persons charged were fugi'ives from justice. As he understood the facts, the persons sought to be delivered up to Georgia were the master and male of a coasting vessel belonging to Maine, who had, in the usual course of their business, delivered a cargo at Savannah, and received a relurn cargo, and, in the usual course of business, left that port on their return to Maine; that, afier being one or two days on their voyage homeward, a noise was beard in the forepart of the vessel, and, upon examination, the slave in question was discovered, and the captain pursued his voyage homeward, and upon his arrival at Thomason, in Maine, where the vessel belonged, he was met by the owner, or agents of the owner of the slave, who, without warrant or other process, took the slave into custody, and returned him to the owner in Georgia.
Under such circumstances the demand upon the Governor of Maine was made and repeated, for The delivery of Philbrook and Killeran as fugitives from justice. The Governor of Maine, not deeming them, under the peculiar circumstances of the case, to be fugitives from justice according to the true construction of the Constitution and laws upon ibat subject, had declined to deliver up those persons to be transpored to Georgia upon ihe demand of the Governor of that State. While the Governor of Maine had duties to perform to sister States, he had also duties to perform to the citizens of his own Sate; and it should te known that the persons charged were men of small means, and illy able to bear the expense and sacrifices incident to their removal to Georgia, and carrying with them, as witnesses, all the crew of the vessel in which the slave was found, which would be indispensable to establish their innocence and obtain an acquittal upon their trial. It was under such circumstances that the Governor of Maine had declined to deliver up the persons demanded by the Governor of Georgia; and can it be said that, in so doing, he has disregarded his official duty? If, however, further legislation upon this del cate subject can have a tendency to define and render the dulies of the Governors of the several Slates more clear and certain than they no v are, he could have no objection 10 its being done; and hence he had no objection to the reserence of the resolutions as asked by the Senator from Georgia.
After some very eloquent and animated remarks of Mr. CUTHBERT, and Mr. LUMPKIN, in reply,
The motion of Mr. L. to refer the resolu. tions to the Commitee on the Judiciary, and to print, was agreed 10.
Mr. IIENDERSON presented a memorial from the Leglela. ture of Mississippi, asking the reduction of the fees of the offi. cers of the United States Court in that Suate to the standard es.
tablished in the State courts; which was referred to the Com. mittee on the Judiciary.
Mr. BUCIIANAN presented a memorial from citizens of Pennsylvania, asking for the improvement of the navigation of Alleghany river; which was referred to the Committee on Roads and Canals.
Also, a memorial from citizens of Dauphin county, Pennsyl. vania, asking an increase of duties on foreign silk; which was referred to the Committee on Finance.
Also, a memorial from E. Littell, embracing a plan for the absorption of the banking capital of the country, without injury to the community; which was laid on the table, and ordered to be printed.
Also, a memorial remonstratir.g against bloodhounds; which was laid on the table.
Mr. WHITE presented a memorial from citizens of Wiscon. sin, asking for the improvement of Fox and Wisconsin rivers, and to construct a military road from Fort Howard to Fort Crawford, and to make Green Bay a port of entry; which was referred to the Committee on Roada and Capals.
Mr. GRUNDY presented a memorial from the members of the bar of the Western District of Tennessee, asking for the holding of another term of the United States Court for that districi; which was referred to the Committee on the Judiciary.
Mr. WALL presented a meinorial from ciuzens of New Jer. sey, in relation to a general bankrupt law; which was relerred to the Committee on the Judiciary.
Mr. TALLMADGE presented a petition from Conrad Wa. ters, for a pension; which was referred to the Committee on Pensions.
Also, a memorial from citizens of Albany, against admitting Florida into the Union, unless slavery is abolished; the motion to receive which was laid on the table.
Mr. NICHOLAS presented the petition of citizens of thu Parish of Rapides, Louisiana, asking a mail route on the Mis. sissippi and Red' rivers, as high as Alexandria or Natchito. ches; which I 18 referred to the Committee on the Post Office and Post|Roads.
Mr. KING presented the petition of A. C. IIoliinger, asking remuneration for services; which was referred to the Committee on Claims.
Mr. SOUTIIARD presented the petition of John Barnard, administrator on the estate of John Barclay Flemming, late pur: ser in the navy; which was referred to the Commiilee on Na. val Affairs.
Mr. SMITH of Indiana presented the memorial of citizens of Washington, remonstrating against the surrender of the United States stock to the State of Maryland; which was referred to the Committee on Roads and Canals.
Mr. BENTON presented a memorial from citizens of Wash. iņgton, asking Congress to take such measures as will compel the banks of the District to fulfil their obligations to the public, by a resumption of specie payments; which was laid on the table and ordered to be printed. Mr. WALL, from the Committee on 'the Judicary, reported
A bill supplemental to an act entitled an act to abolish imprisonment for debt in certain cases, passed Feb. 24, 1839;
Also, a bill to enable the United States to discharge liens and incumbrances on any real estate which now is or hereafter may become the property of the United States;
Also, a bill to regulate the legal proceedings, and to provide for the more speedy trial of cases in the Circuit Couris of the United States for the district of Michigan; which were severally read, and ordered to a second reading.
The resolution submitted yesterday by Mr. BENTON, was taken up and a lopted.
Mr. KNIGHT, after some preparatory remarks, in opposition to the propositions of Mr CALHOUN, on the effects of the protective policy, submitied the following resolution:
Resolved, that the Committee on Finance be instructed to inquire into the expediency of bringing in a bill declaring that the act of March, 1833, releasing from duty bleached and unbleached linens, table linens, linen napkins, and linen cam. brics, and worsted stuff goods, shawls, and other manufactures of silk, or of which silk is a component part, of chief value, coming from this side of the Cape of Good Hope, except sew ing silk, shall not be so construed as to include umbrellas and parasols.
Mr. CALHOUN replied to the remarks of Mr. KNIGHT, and the resolution (being one of inquiry merely,) was agreed to. Mr. SOUTHARD submitted ihe following.
Resolved, That the secretary of War inform the Benate what is the present state of the difficulties which have existed, and the arrangements made, or attempted to be made, between the Government and the Cherokee people, and that he communicate to the Senate the papers, documents, and written communications which have passed between the War Department and its agents, and the said Cherokees and their chiefs, together with such'additional infurniation as he may have received since his last report on the subject.
The bill for the relief of John P. Bispham was considered in Committee of the Whole, and ordered to be engrossed.
The bills ordered to be engrossed yesterday were severally read a third time, and passed.
The Senate próceeded to the consideration of Executive bu. siness, And then adjourned.
HOUSE OF REPRESENTATIVES,
WEDNESDAY, March 11, 1840. Mr. RUSSELL rose w a correction of the journal. The proposition he moved on yesterday was, that the gentleman from Massachusetts (Mc. ADAMS] be "required” to vote. The word "compelled,” i find, is used in the record. He wished to correct it in this particular,
Mr. DROMGOOLE said he understood distinctly that the word "compelled" was in the resolution, and he asked at the time by what process the House would compel a member to vole. He had no objection however, to the amendment.
After a few words from Mr. R. the question was taken, and the journal was amended as indicated above.
The SPEAKER called the committees for reports; when Mr. CAMPBELL of South Carolina, from the Committee of Elections, made a report from that committee, embracing all the testimony before it, with its journal of proceedings, in relation to the New Jersey disputed election, accompanied by a resolution, as follows.
Resolved, that the papers enumerated in the foregoing liet, and the journal of the Committee of Elections in the New Jer? sey case, comprising its proceedings up to the 5th instanı, te printed for the use of the Llouse and the committee.
Mr. R. GARLAND moved to amend the resolution to print, 80 as to include some additional evidence, which had been re: ceived since the former report of the commillee had been made.
Mr. CAMPBELL selt himself called upon to say that the report and papers now moved to be prinied by the committee, contained all the testimony and all the statements of the parties which had been laid before the committee previous to the adop. tion of the report. He though, inasmuch as the other papers, which the gentleman from Louisiana (Mr. GARLAND) proposed to have presented, were never before the commiliec, it would be very irregular to do so, and especially as the question to which they related, had not been reporied on by the coin. millee.
Mr. C. inquired of the CHAIR whether it was in order to amend as proposed.
The CHAIR replied that it was in order 10 amend, as proposed by the gentleman from Louisiana, but that it would be in order 80 to annend as to call upon the commiliee for other testimony,
Mr. R. GARLAND then proposed to amend the resolution by adding thereto the following:
"And that said coinmittee be instructed to report the evi. dence referred to it on the 6th instant, and that ihe same be printed;"
So as to include in the motion to print; the evidence recently received, and which had been referred to the commillee on Friday.
Mr. 'DROMGOOLE inquired if the chairman of the Com. mittee of Elections (Mr. CAMPBELL) whether he had reported to the House this evidence which it is proposed to print; and whether it is not a part of evidence that is now being taken for the purpose of purging the polls; and upon wbich the commillee have yet to report under the resolution of the House.
Mr. CAMPBELL replied that it had not been reported hy the committee; and was a part of the evidence they have yet to act upon, with the view to determine the ulumaie righi to seats. It was not a part of the testimony on which the coinmillee had decided the prima facie right to the return.
Mr. BOTTs begged leave lo state that since the testimony was taken, there had been a meeting of the committee, called expressly for the purpose of considering it, and it relused to do
He understood that this committee was discharged from the further consideration of the New Jersey question until such time as they should make application for their seats. Ile would vole that every particle of this evidence should be published. He did hope that the amendment would prevail, and that the truth, the whole truth, and nothing but the truth, should go to the country,
Mr. SMITH of Connecticut did not understand that there was any necessity for the House making an order on the sub. ject. If he was not mistaken, the House had already authorized the committee to publish all the papers which it might see fit to have published. He wished to throw no obstacle in the way of printing, if it was thought necessary and proper 10 print. At one stage of this question, it had been his desire that all the papers and testimony should be printed, aod laid before the House, to enable it to act understandingly on the question which was decided on yesterday. Since the question had been decided before the testimony was printed, he had become totally indifferent whether it be now printed or not. The House should understand that there was coonecied with the report of the majority of the committee only a part of the testimony, víz: so much of it as the chairman mighi deem material in order to support the report; and now the chairman had moved to print the residue. In this way the whole of the testimony would come before the House; a part of it connected with the report, and a part not. No portion of this latter part of the evidence had been read in the House or printed, but the House had been brought up to the question without a single man knowing what the testimony did contain. Now, aster a decision had been had in the dark, and the proof had not even been read, it was pro. pose i to print it; and to what purposc? A considerable portion of the proof was referred to in the report of the majority, and a considerable portion of what was now proposed to be printed had been rejected by the committee, as would appear from their journal, on the ground of defect in the time of notice. As w the new depositions alluded to in the amendment of the gentleman from Louisiana, it was merely a substitute for what had been before defective in form. Mris. said he had no objection to the printing, provlded the testimony and journal were io be printed entire; but he claimed that the bundle of testimony recently referred to the committee by the House should le printed along with the rest.
Mr. RIVES observed that the minds of gentlemen, it seemed, had undergone a very great change within a day or two past. He hoped that it would be recollected by the House that niore than a fortnight ago, he made the proposition that all the pa. pers on this question should be printed for the use of the mem. bers of the House. He had made this proposition a fortnight ago, after having informed the gentlemen associated with him on the committee of his intention of doing so, having failed to get the motion which he made in the committee carried, lo instruct their chairman to move for the printing of these papers. This was refused. He went further. He made a mouon to prins in the absence of the parties, who had gone on to New Jersey to take testimony, in pursuance of the resolution ofthe com. mittee, all the testimony that had been taken, in order that it might be in possession of every member of this House, and that they might act with a full understanding of the subjerk, when the time limited by the committes should expire. This was also resused. He hoped the House would recollect that a few days afterwards the chairman of the committee (Mr. CAMPBELL or South Carolina) made a proposition to have all the papers bearing on the case, together with the report, printed. The chairman did not stop here. He also made a proposition to have other papers printed-papers connected with the issue to be tried by the House next April, when the parties return with the evidence purging the polls.
What was the course of the gentleman from Connecticut (Mr. BMITH) on this mocion? What was the course of the Opposi tion generally? They refused the printing
of these pa: pers. Not one of these gentlemen thought proper to trust the chairman of the committee with sufficient respect to print his report with the evidence that he had collected. It would also be recollected, that on Friday last, in a becoming spirit of fair. nese, he submitted a motion to postpone the further consideration of this subject until Tuesday, making it the special order of the day, and to continue as such until disposed of; and, in the mann time, what further did he propose should be done? Why,
that all the evidence on both sides should be printed. What did the gentleman from Connecucut (Mr. SMITH) do? Did he, and those gentlemen who, with him, were the advocates of thi great powers of the ceruificale and stal of the Governor of New Jersey to return members to this llouse-did they accept this fair and reasonable proposition? No, sir; they refused it. There were a few excepuons, to be sure, but very few of the Opposition would go with bim and his friends to have these papers printed, and therefore they could not get a vote of twothirur, wluch was necessary to have it done. Although we had a majority, said Mr. R. we had not two-thirds, and consequently could not get the printing ordered. lle had been anxious from the beginning that all the facis in relation to this maner should be printed, so that the House might act understandingly, when it acted at all. But what was the course of gentlemen in the Opposition yesterday? His colleague (Mr. Borts) came forward with a proposition to let in the minority report, for the purpose of living it printed. This was belore the report of ihe majority was acted on, and after the printing of it had been refused. Gentlemen then proposed to have this minority re. port acted on, when they had refused to print the report of the majority.
Whai did the gentleman from Louisiana (Mr. R. GARLAND) propose to do now? pin this time, for two weeks had that gentleman been voting against the pţinting of these papers for the purpose of getting information on a subject on which they were to act immediately, and yet this morning be desired to have printed matters connected with the issue to be settled, per. haps, some two or three months hence.
Mr. R. GARLAND) replied that he would like the geotleman to sh'w when he had vored against printing, save when the shameless proposition had been made by the gentleman from Tennessee, (Mr.C. Johnson.] 1o take the whole of the testimony out of the hands of the committee.
Mr.RIVES continued. It is very far from my intention to mig. represent any gentleman on this floor; and, if I am convinced that I do misrepresent, I retract what I have said Have I (asked he) misrepresented the gentleman in saying that he refused to vote for a suspension of the rules imprint these papers?
Mr. GÅRLAND said he had, when it was proposed to print only a part of the testimony, and such part is might suit the views of the chairman of the committee.
Mr. RIVES. Then I have not done the gentleman injustice. I have stated his course correctiy; and yel le comes forward with a proposition to print papers that never wore before the committee, and to print papers on which no action is to take place, till the parties return from New Jersey, after purging the polls. Can the gentleman complain about printing now? Can The House order these papers io be printed without a disre. gard to its rules? Can it do so when the chairman of the com. mittee has told you that these papers were not considered in committee, and were no, therefore, reported on? and this 100, in the absence of the parties liligan, who have gone on to New Jersey, under the authority of the conimiitce, to collect coun. teracting tesumony? Did the gentleman desire to forestall public opinion in relation to the facts slated in these papers, when the adverse farly is in New Jersey, taking testimony to counteract them?
The SPEAKER requested the gentleman to puspend his re. marks while he informed the gentleman from Louisiana that his inotion was not in onder while these papers were eu possession of the committee.
Mr. R. GARLAND. Then I will modify my motion so as to discharge the committee from the further consideration of the papers.
Mr. RIVES said the gentleman had no right to make a motion of that kind at this time.
Mr. GARLAND. Very well; then I will make it as soon as it shall be in order.
Mr. RIVES continued. If it be the wish of gentlemen to re. call the parties from New Jersey, and say that they will then try and determine this case on its merits with the cvidence now in the possession of the House, then, said Mr. R. I will go with them. Mr. R. said he was desirous, with a majority of the committee that there should be a thorough investigation as to the legality of all the votes that had been given.
lle desired to see noi only who received a majority ofthe voles that are prima facie gooil, but he desired to see who received a majority of legal votes after the canvass. He believed that unier the laws of New Jersey, they were bound to receive as legal votes those voles which had been received as such by the officers of the State, legally constituted for that purpose. While gentlemen had abandoned the ground that they first took, that the Honse must receive the men who came with the Governor's ceruiti. cales, because such certificates were is :led by the Governor ofa State, and raised a new issue some fifteen or sixieen months after the election had been held, he was willing :o gransy them in it. That there was something wrong, he thought was evi. dent by this new issue being raised. That some illegal votes had been taken on both sides he had no doubt, because he did not believe there ever was a Congressional election in which some illegal voies were not taken.
Mr. EVERETT here called Mr. R. to order for wandering from the questions before the House.
Mr. RIVES continued.
Did gentlemen, be asked, desire this evidence to be publish. ed? Did they desire evidence to be printed now, that was ap. plicable to the issue that was to come up hereafter, and that has not been acteil on by the committee? To this he was opposed. He would inform his colleague, if he desired the report of the minority to be printed, if he would lay it on tie table, he would consent to print it with the other papers. But he presumed that his colleague would not consent to hat course, because when, yesterday, there was a general consent to receive this report, and have it prin:ed, there were objections made, not by one of the Administration party, but by one of those gentlemen who opposed the printing of the majority report. Mr. R. did not believe that the printing was moved by ihe gentleman from Louisiana was desirahle at this time, for the reason that the House had disposed of the question, having decided that certain of the claimants were clecied by the people of New Jersey, and that they should occupy the seals to which they had a right. His colleague [Mr. Borts) was mistaken in one thing in relation to what was done yesterday. That gentle. man supposed that the question was finally settled, and that the contestors must make a new issue. Such was not the decision of the House It was expressly reserved in the resolution that was adopted, that the parties litigani should continue to take lestimony, for the purpose of purging the polls. Such was expressly his intention in voting for the resolution,
The SPEAKER here calle! Mr. K. to order for wandening from the question belore the House.
M. R. said he wated to show, in relation to this matter of printing, that a majority of the House was in favor of it from the beginning, but i wing to the city of the boily, they had lailed in dong Hi, in consequence of the course of the Opposition, who hau ilius forced than to act on the subject previous to printing the papers. lie hal had allvantages which others did not possess, of examinining all this testimony, and he was therefore fully satintity with what he had dutie.
Mr R GARLAND the novell. 10 modriy huis metion, by in. serting the words, “and a so the evidence referred to the cummiilee on the 6th in Lill, and that mad cimmillee be 13. charged from the surtier consideratio of the same will alter !! is printeil.
Mr. DROMGOOLE raised the question of order, whether it was competent for the gentleman to move the pointleg of pa. pers not before the House, and pending a pruprusilion i pilt papers that were before the House.
The SPEAKER suggested to the gentleman from Louisiana, that he could accomplish his olijeci, by movmg io discharge the committee from the further consideration of the teslimny.
Mr. R. GARLAND here molified his motion accordingly.
Mr. GARLAND said the gentleman from Virginia entea. vored to make the impressiou that we wished to supiress the publication of the testimony. Such was not the fact. Je was opposed at that time, because it was forestalling the question. Mr G, denounced the course the House had pursued in taking the subject out of the hands of the committee, alter they had sent the contestanis home to taki te-mony. That was the reason that he and the party with which he acted, oljeried then to publishing ihe testimony. llethel), as now, believe it a di rect vi lation of the order of the House refering the subject to the committee. Then it was t'at he antichers refuse to have any of it printed. The clairrian representing a ma'o. rity of the comunillee, did not come bevre ihe House with all the evidence; and as a prout of that fact, he made reverence to the report this day presented by the chairman.
Mr. CAMPBELL rose in explain. The pendirman'rom Lou. isiana (he sand) stated that the chairman of the cominilice came belore the House, when he made his report, wiili only a part of the testimony. Mr. C. said he would mom the gentleman that the committee acted in stric: contorinity with the resolution of the huluino Thal resolution directed the committee 10 report with regard to a certain fact, and to report also ai, the testimony connected with thal fact. This was exactly what the comm tree did, and it was in strict conformiiy with the resolu. tion of the 25 b ulumo.
Mr. R. GARLAND) Ull contendel that all the testimony, at the time he objected to the printing, was not reported to the House; and, in support of that opinion, referred to the report made this morning lle dud object to the printing, on the grounds before slated, until the whole of the evidence wys re. ported. He was now in favor of having the who e or it rinted, with the additional testinong since relerred to the com unittee.
Mr. MEDILL said thatłe would answer the genileman from Louisiana, 11 he would give way a moment for that purpose. The committee had acied in the conformity with the resolu: llon of the House. They had kepi bichi nosing, but desired that the journal of their procridina, wiih all the lerini, should be printed, and go to the public. The resolution of the 25 h ull, as will be recollecte', imposed (wo i runci duke 90 the committee-10 report which lives of the ten individuals claiming seats from New Jersey received the greatest number of lawlui votes from the whole State, with all the evidence of that fact in their possesi 100; and, ALSO, to report Fuch papers, and so much of their proceedings as they wished io lave printed by order of the House. The House evidently contemplated separate reports.
The committee, on determining which persons received a plurality of votes, as required to be hy the resolution, direcied their chairman to report the same to the II»use, accompanied with all such testimony as tended to establish that faci, and also 10 present to the house the journal of their proceutlings, wib a!! the papers and testimony in possession of the committee, and ask that the same be printed. I was not proper i at the report, showing which ersons had received a plurality of voter, should be burdened with the journal and contain other papers, which, in the opinion of the committee, wile irrelevant to that Issue. Even 11 mistaken in their opinion of what was relevant, in this particular no injusiike or inconvenience could have resulied. It would have all been before the House for such lurther action as was deemed advisable and proper.
Alier submitting the report, the chairman askel him to present the journal aid other papers, and being denied the privi. lege, moved a suspension of the rules, which was negatired by the votes of the gentleman and his friends. A member of the commillee / Mr. RivFs) even moved to postpone the cousidria. tion of the resolution admitting the persons having a majority of the votes to their seats, lon Hay cerrain, that all the papers might be printed and land before the House, and this was airo rejectedl, chiefly by the same themen. I will be seen, ihen, with what propriety it is contended that the chairmanducand presenting the whole testimony. The course adopted was its strici contormity with the oner of the house.
Mr. R. GARLAND asked if the committee took into conside ration all the testimony which showed who had a majority of the lawful voles. He inferred that it did not.
Mr. CAMPBELL replied that the committee had considered all the testimony necessary to establish the prima facie right to seats.
Mr. R. GARLAND still coniended that the committee had based their report on the certificale of the Secretary of Stale, without reference to the testimony, which went to show that there were illegal votes included in the aggri gata in that ceril. ficate. There was no other conclusion irom the course of things, but that the committee badaciel on the certiticale alone." He then complained that, after the question had been ee! tled, it was now proposed io have all ihe restlinony printed. Gentlemen might take their own course aboui it; but since the subject had been taken out of the hands of the commillee, he hoped the whole would be printed.
Mr. JENIFER obtained the floor, ard occupied the remain. der of the inorning hour in cimin nung on the proceedings of the commilee. He denounced them as highly censurable. In the course of his remarks, be was liequently corrected by Messrs. RIVES and MEDILL, members of the committee, as 10 malleis of fact. (Mr. J's remarks were so indistinctly heard by the Reporters, that they have concluded not to publish a synopsis of them; and have withheld the replies of ile other iwo geolie.
Ways and Mears. In the year 1791, when the finances et this mpen until such time as Mr. J. shall furnish them, when the whole will be published.)
The debate was here interrupied by Mr. J. W. JONES, who called for the orders of the day.
r. GRAVES 103e for ihe purpose of getting the consent of che House, before passing to ine orders, lo perinit him to reply to the reference which had been made to him in the course of the above tebate.
Mr CAMPBELL of South Carolina ohjected. The gentle man had not been referred to in any manner which rendered it neressary for him to take an explanation.
The question was then taken on the inotion to pass to the orders, and agreete-ayes 102, noes not countcl.
MS. JENIFER inquired of the Chair whether he lost his night to the tor for tu morrow morning? The CHALK replied in the negative.
The SPEAKER then announced that the business before the House was the bill making appropriation to complete the removal of the rals of the Ree river, and for other purposes, on which was pending three mo:ione, vz: to refer, lei, to the Cunmittee on Rais and Canals; 21,10 the Commitee op Com. merce; and 3:1, to the Committee of Ways and Means. with the following instructions, moved by the gentleman from Pennsylvania, Mr. BIDDLE, lo inquire and report to the llouse as follows:
1. Whether the advance of money by the Bank of Arkansas, pobieb it is one of tiles ob ects of this will to reimburse, was noi made wihul ki. Wleil et althc agent of the United States who efected the loan was acting li defiance of positive in. Brucians rom hiszuperiors, as welis in the face of a known re'usal by Copyrislappropriate money to the work.
2 Wheiher the estimate on which the biil is founded was Holmalle byli se aseat rior in the closing up of the raft in Angus las; and winter will us factory data exist for com. poing the probable cost of removing the present impediments planiralien.
3. Wher the sum appropriated by this bill is called for in the estimaies accompanying the President's message,
1. Whether the bil is not of such a character that it ought to hire orizina: din this linze.
The question being successively put on referring the bill to the Committee on Rody and Canals, an Connerce, and of Ways and Means, it was relerrein the Commitiee of Ways anu Manis
The question than being on the instructions,
Mr. R. GARLAND) Jemanded the yras and nays on them; which were rippei, and rere-yeas 130, nays 37.
the instrucoop - We adopted. Varnus senalf bills lying on the SPEAKER's table were taken up, real tipice, ala; propriately referred.
INDEPENDENT TREASURI BILI..
Mr. J. W JONLs moved to refer it to the Committee of
Dr. IIIITE O Kentucky inoved to commit it to the Com.
Up this propo-lun, Mr. W. reruarked, he proposed to submit a les obstrvations, lle siid to would limit himself mail in the isolated question of retirenep-reserving whatever he mihi desire to a vy upon the general mails of the bill, when I shoulcbe up for dis 'uission in the Committee of the We le a ked what sulit objection there was to the propo85:1 15 of refer nee to the Committee of the Whole pon ihe site of the Union? He could not perceive any.
Is i pro Ished to take aw..v froin the Commitee of Ways and Means any o; i's appropria'e and optis, ty riuties? Jie did not so undersenti. .lle
Weaposed to innova!e upon the estabijelinder o business, ervilinhold from the Committee of Wais an: Mauns any matter or prepositions that legnimately be on to tha' committee.
Mr. W. remarked, out whilst he was rearly to aid in secur. ing to all the standing commitees their just rights, he was no inel nelulely to sit by and sec the ene re business of the mation fwape into the arms of the standing commiilees. Mr. W". Raud i: would be recollected that the principal standing como lees were emphatically Execntive Commiuees. A de. che i majoriiy of the members of said committees selected, because of the ack sowieilge approval of the great and leading measures of the silmingaration of this, he would not stop to complain-pering it wis right it should be so; but the existence of such it lace certainly, authorize la rigid restriction of sa di caininistees to their proper and legilmale dwies. Mr. W: said the very cloace and exclusive purpose of standing comit. tees was to iaku charge of the usual anii ordinary business of this House. lle observed that, according to well settled par. liimentary practice and according to the uniform usage in le. gelation in this body, unil within a very few years pasi, all prop lions of an extraordinary churacter, ail matters of great cinerinment, la merk in parliamentary language, and a esple. cially a m-451re like the one now and consideration, involv.
En esiinply the revenues-the finances of the Government; but efleeing for w al or wic, for good or evil, the currency, Cunmerce auriculture, manufactures, and every rainification of hul evol this entire country, reculiarly demaid to be refriei, de sat, and matured in the Committee of the whole upon the state of he lion.
Bilt again, sat Mr. W. if none of the reasons urged existed in rivor of his proposent reference of this bill, convenience and exelency recominend the preference of his proposition. It 19 well known in every member of the House, that the standing Connutees hive que as much business of the onlinary character as the are able to dischirge; and especially the Committee of Ways and Means, the regular duties of which are oncrous In the extreme M. W. askel if there was any thing new or unusual in the proposition he had made? le contended there Waynyt; su lur from ii, any o her reference, ne insisted, would be a departurs from the establishe usage of this Ihouse, from th: bezinning of th: (verinent in the opening of this Admi. nistratio). die suid if the journals of the house wire X amid, I will!!!!!, Sound hit iwo periods in the history of hucuntry-1 nos in all respets sin ar, 'ertainly in very ning things similar to ina present : inagnitude of the Cricia wadro riere i snarest, and the measures of retress se). weighry, the preciel comitery were riseil, aga mitter of caure, without paljon, chosen from the first talents of the House, to whim were referred the propositions of the nature www prope! !) he perirared in the standing Commitee or Government were greatly embarrasged-the currency depre.
ciated--commerce suspended-public and private credit great. Ty depressed this course was adopted. in 18M-15, a crisis very similar to the present, the same course wag pursued by this House in each successive year? And was it su ordered at those periods, asked Mr. White, because of any distrust of the want of intelligence or financial ability in the members of the standing committees of those days? No, sir; go and read the names of the distinguished individuals who composed the standing committees of Ways and Means at the periods alluded to; and there is no circle of greatness that can be drawn around the present chairman and his associates upon said commillees, from which they could justly be excluded. lle said this, not by way of invidious comparison, but to repu. diate the idea that it would reflect any disparagement eiiher upon the intelligence or integrity of the present Committee of Ways and Means to make the reference proposed. Mr. W. said he did not controvert, that, at the called session of '37, the topics now proposed to be referred to the Committee of the Whole on the state of the Union, were referred to the standing Committee of Ways and Means, and that the precedent then se had been followed since that period. Yet, he contended, the precedent was a departure froin the established usage of le. gislation in this House, and nothing, in his judgment, but the peculiar circumstances of the case, would have carried its adoption.
Ile said it would be recollected, no business of an ordinary character was acted upon during that session; nothing but the "grave and weighty matters," for which that extraordinary Congress was called; and so far from the fact that the Committee of Ways and Means having bod charge of the maters contained in this bill of the called session, being an argument in favor of a similar reference now, to his mind it was a vital ob. jection.
The majority of that committec now nou entertain the same sentiments with the majority at the special session, who re: ported u, on the propustions coniained in this bill. The bill now before the onse is, in substance, the same bill reported then. This bill (said Mr. W.) had been manufactured by the Commitee of Finance in the Senate, peculiarly an Executive committee, hurrid through that body, he would say (if it would not shject him to be called to order) with unexampled haste, to effect purposes not of the the most patriotic character. Why, then, he asked, go through the idle forinality of referring this bill to the Commitee or Ways and Means, it immediate a fion is intended upon it? Why has the honorable chairman permited il te slumber upon your table for six long weeks, without an effort even to call it up-to have it referred or printed? Is it intimated that the cominitiee propose to make any alteration in said bill? Criss a T, or dót an 1 No such purpose is avowed. Why, then, thi circuitous proposition, oi rele ice to the Comini. tee of Ways and Neans? If speedy action be the wish of the friends of this ineasure, why not let the bill go directly to the Committee of the Whole on the state of the Union, where it will be open to amendment and for discussion Were the friends of this measure waiting for political contin. gencies? Were they waiting for a prosperous commercial re. vulsion? Were they waiting to shape the features of this bill as polical expeiency may dictaie, some weeks or months hence? Mr W. said he knew very well all such objects or intentions would be repudiated anıl scout with a flourish of trumpets, with a holy horror. But will not the count y look 10 the actions of gentlemen, rather than their declarations? Ale there any elections to take place in the course of a few weeks, the result of which might make it ad isable for the good of the rountry, and if not for the good of the country, for the safety of the Administration, to let this bill sleep in the arms of the Committee of Ways and Means the sleep or death? or is passed, pissed with radical modificatione?
If the friends of this measi re sincerely desire its passage, why delay? why procrastina e? The Administration have an undispuiel majority in both Houses. If this bill be ihe poli'ical panacea that is friends prosess it is, in the name of high Hea. ven, why delay the remedy for one hour? Is the patient not sufficiently afilicieu? Is noi the disease universal, commencing here at the centre, paralyzing the Government revenues, ex. tending to every bralich of business, affecting every class of society, the merchant, manufacturer, mechanic, and farmer, leaving not a gieco spot of prosperity upon the broad map of this country, to rest he wearied eye from scenes of distress and suffering? 'If thi: bill be the grand specific, the infallible re. merly, why not administer it at once? Having the undisputed power to pass it forth with, why keep a suffering people any longer in a stałe of cruel suspense? Are we noi told by the President, in his annual message, that the "continuell agitation of this question injuriously atlects the business of the country?" Sir, (said Mr. Wir it is to pass, let it pass, and pass quickly, - with all its blessings, if its advocates are righe-with all its miseries, if its opponents are not deceived.
Bul, Mr. Speaker. (said Mr. W.) I piomised, in the beginning of my remarks, not to go into the merits of this bill. Je would redeem his promise, and conclude, with the hope that the proposition of reference, moved by him, would be sustained by the Ilouse.
Mr. RIIETT would merely call the atteption of the Ilouse to the purposes for which the Committee of Ways and Means was constitutel. Mr. R. then read from the rules of the House the following rule:
"It shall be the duty of the Committee of Ways and Means to take into consideration all reports of the Treasury Department, and all such propositions relative to the revenue as may be referred to them by the House."
Now the gentleman had said very correctly that this subject was of great importance to the whole countiy. This, though true, was only so in referenee to the manner in which the revemille shall be collected and disbursed-a subject which at all times belonged to the Committee of Ways and Means. In conformity with this view, all bills affecting the revenue had come from the Committee of Ways and Mwans. So also in relation te banks, which had the custody of the public revenue.
M. WUTE of Kunlucky said the gentleman was mistaken; the last bill for the charter of the Bank of the United States came from the Senate.
Mr. RilETT stond corrected. The Bank charter of 1816 did, he believeil, come from the Committee of Ways and Means; bu in this he might be niis'aken-be was not particulier. But whether it was so or not, he submilied to the gentleman is the Commutee of Ways and Means hari not the subject under con. giderarion. When it came from th Senate it was sent to the Committee of Ways and Means. This was not the caso with regard to this bill, for the Committee of Ways and Means had
not yet had it under consideration. Was there any measure, he would ask, of great importance, that was not reierred either to one of the standing committees, or 10 a select committee, before it was acted on in Committee of the Whole? Alier this bill should be examined by the Committee of Ways and Means, it would, as a matter of course, be laken up and fully discussed in Committee of the Whole. This was his desire, and he also understood it to be the desire of the chairman of the Committee of Ways and Means.
Mr. EVERETT would inquire of the chairman of the Committee of Ways and Means is there were appropriations in This bill which would render il necessary that it should go to his committee.
Mr. JONES of Virginia considered that every bill of importance should be referred to its approprimle standing committee before acting on it in the House.
Mr. EVERETT sail he wished to move instructions to the committee to amend this bill so as to cure it of some of its most material derecis. All the bills on this subjech, reported since 1837, contain within themselves provisions under which the Sub Treasury might be converted into a bank of discount as well as a bank of circulation. The object, therefore, of his pro. posed instructions was, to test this question at the outset, and get the yeas and nays on it, which he feared he might not be able odnat a subsequent stage of the proceedings. Every bill which had been reported on this subject gave the Treasury the power to transfer the moneys of the Government from one place to another, without pointing out the mode in which these transfers shall be made. Ji also gives the power to pay the pebts of the Government without pe using out how these debts shall be paid. All, then, that was necessary to convert this Sub Treasury into a bank of discount was simply to purchase a draft on New Orleans, receive the securities olihe individual in payment, and make this draft receivable in payment of duties. "Then, in order to make it a bank of circulation, all that was necessary was that when a creditor of the Government wanted his money at a particular place, say at Philadelphia, pay him in ten dol. lar drafts, M. E. said he could not imagine that this bill was intended for the mese purpose oi sase keeping the public re. venue, for the Government had no money tokeep, and he could not, therefore, conceive why the Adminis ration was so anxious for this measure, unless for ulterior objects. When there were no banks in the country for the merchants, the calculation of the Administration must be that ihe merchants must be dependent for their facilities on the Government. Then, (sald Mr. E.) when you have got a bank of discount and circulation, and ex'enced under a set of Government directors throughout the States of the Union, just look at the tremendous political power it will possess; when you can say who shall have loans and who shall not, who can measure the extent of the power. It would he in vain, then, to struggle against it.
Mr. E. in illustration of his argument, referred to the history of a State tank in his own State, established, he said, in Demó cratic times. Ile wished to call the attention of the chairman: of the Committee of Ways and Means to this subject, and ask hiin if such would not be ihe effect if the Government was permitted to purchase drafts without any limitation. It was for the purpose of testing these questions that he submitted his motton of instructions, Mr. E. then moved to instruct the cem. mivee to an end the bill by inserting the following provisione:
"That whenever it sball be necessary to place moneys appro. priated at the disposal of any disbursing officer, it shall he the duty of :he Secreiary of the Treasury to cause a Treasury war. raní to be issued, directing the Tieasurer, or Receiver General, or a Treasures of the Muni, to place the sum required to the credi: of such disbursing officer.
"That whenever it shall be necessary to transfer money from the Treasurer, from a Receiver General, or Treasurer of the Miot, to another Receiver Generil or Treasurer of the Mint, or from either to tho Tieasurer, in case it be inconvenient to make such iransier in specie, it shall be the duty of the Secretary of the Treasury to cause transfer drafts to be issued in snms not 1. ss than one thousand dollars each, payable to the order of the Treasurer, Receiver General, or Treasurer of a Mint to whom the money is to be transferred, and to transmit the same to him, who shall cause the same to be sold at his office after three days' publ c notice, for cash in hand only, and on euch sale be shall endorse upon such diast the day of such sale, the amount for which it was soll, and the day on which it is made payable, which shall be after ten days, and within ninety days from its day of date; provided the sale shall be made at a g:eater dig. count than five per cent.
“That all payments to the creditors of the the United States shall be made at the Treasury, or under the direction of the Serrerary of the Treasury, by drafis drawn upon such Receiver Gene. ral or Treasurer of one of said Mints, as the creditor shall de. signate, payable to the creditor at such day, after ten days and within ninely days from date; and such drasts shall be for the enure sum sound Jue and payable to such creditor, unless such sum shall exceed two thousand dollars, in which case it shall be lawful to issue several draits, provided that no one of them shall be for a less sum than one thousand dollars. And if any such tra..sfer draft or Treasury draft shall not be presented for payment at the office at which is is payable by the day specified thereon for payment, the payment ihereof shall be suspnder for three monihs from the day on which it shall be presented. And if any transfer or other drafi, presented for payment of the day on which is was made payable, or at the expiration of said three monthe, shall be protested for non payment, it shall he the duty of the Secretary of the Treasury, on the return of such transler drast or Treasury draft, to cause the amount thereof, with ten per centum for damages, to be paid to the holder of such transfer draft or Treasury draft.
"And that said committee be further instructed to inquire and report whether the bill is not of such a character that it ought to have originated in this Joure."
Mr. THOMPSON of South Carolina had been anxious, dur. ing the whole session, in know when this subject would come up for discussion, in order that he might make some ri marks in regard to it. He was, therefore, decidedly in favor of this discussion coming up immediately, and the Committee of the Whole certainly was as competent as the Committee of Ways and Means to consider the subject. He could not but wonder at this measure being so long delayed, and that it weg now pure posed to send it to sleep, in the room of the Committee of Ways and Mans, and then to be referred to the Commitee of the Whole llouse. This looked very much like a leal to have his measure discussed in the House. He had, like Hannibal, when he vowed eternal enmily in the Romano, vowed to op. pose this measure, which he deemed so hostile to. tbe fuleresia and liberties of the country,
Mr. PETRIKIN asked for the yeas and nays; which were ordered, and, being laken, were -yeas 81, nays 106.
So the House refused 10 adopt the instructions,
On mo:ion of Mr. WISE, and by general consent, the bill was ordered to be printed.
A number of other bills on the SPEAKER'S tahle were put on thefirst and second reading, and were approrria'ely referred.
The bill providing for the moval of the location of the land office in the State of Mississippi; and
The bill allowing further me to the Trustres of Centre Col. lege, at Danville, in Kentucky, to dispose of lands here:ofore granted to the Deafaud Dumb Society; were severally read a third time, and passed.
The bill heretofore introduced on leave, by Mr. BELL, to se. cure the fredom of elections, and to prevent the interterence of Executive officers therin.coming up in iis order, and the ques. tion being "Shall the bill be rejected?"
Mr. PELL said he did not wish to detain the House at this time with any remarks; but he would say that he considered this bill of the utmoet importance; of greater importance, in his judgment, (though, perhaps, he might view it with a partiality which other gentlemen did not feel,) than even the sub Trea sury bill. And as an opportunity had thug been afforded to him of inaking iemarks which, under other circumstances, the scarcely could have hoped to have had the privilege of making, and as he had wish.ed that the bill might be discussed on both sides of the Jlouse, he hoped it would be the pleasure of the Hlouse that it should lie over until such time as the gentleman from Virginia (Mr JONES) had had time to pass his Treasury note bill.
Some conversation as to the order of business here!ook place between the SPEAKER and Mr. BELL, and the SPEAKER having decided that his bill would take precedence of all bu. siness of its class on the SPEAKER'A table,
Mr. BELL said he would nouihen addi ess the House, but con. sent to an adjournment; whereupon,
On motion of Mr. MASON,
Mr. VANDERPOEL said he would not have risen lo par. ticipate in this discussion, bad it not, on this and on furmer occa. sions, been insinualed here, that there was a disposition on the part of the friends of the Administration to give the bill under coneideration the "go by." The bill hud, to be sure, laid upon the SPEAKER's table for the last six weeks or more; but this was the first une it hail ever been reached in the order of business. Ile was glad that he had the opportuni'y of so telling the American people, for constant and innumerable were the inquiries addiessed io him and others who were supposed to be iciendly to the bill, "Why is not the Sub-Treasury bill taken up?" And now he would avail himsell of the opportunity or saying, that it had not before been taken up and considered, be. cause it had not before been reached. The New Jeriey ques. tion and other suhjects had, according to the order of business ac prescribed by our rules, had precedence of it. Let not gen. ulemen of the Opposition "ay the flattering unction to their souls,” that there is a disposition on the part of the friends of the Administration here to let this bill sleep the sleep of death. No: averse as he was to remain here during the torrid months of summer, he would remain till September next, if such a sacritice of personal comfort should prove necessary LO
procure the passage of this bill. Gentlemen of the 0,"position seemed impatient for the onsel. They seemed to affect or feel a fear that they would not have the opportunity of fulminating their anathema, against this bill. He implored them to be a little patient. He assured them that a chance would yet be afforded them to pour out against this great measure oi reform oceans of those speeches which they supposed possessed such magical influence. The Democracy here understood 100 well, and felt too forcibly its duty, not to make every possible exertion in favor of this great principle of divorce between the Government and the banks, io permit the bill on the table to lie without prompt and deci sive action. Ile regarded it as the great measure of the session, called for not less by the highest interests of the country, than by a majority of the American people. Jle fearedi not discus. sion The measure had never suffered, it never would sufler, from discussion, as its past history abundantly proved; and he was not a little surprised that a conviction of this truth had not already so strongly seized the mind of gentlemen, as to weaken their confidence in their ability to make any thing by the lur: ther discussion of this subject. To the popular mind, it had grown brighter from discussion. When first proposed, the people were frightened by the "gorgons and hydras," held up to theic vision by political orators, as like. ly to emanale from this measure. The senseless cry of one currency for the Government, and another currency for the people had, at first, had the cilece of frightening many honest men, but had been so often and so triumphantly resulni, that he c uld hardly believe that it would now be deemed wor. thy of repetitio. here. When honorable gentlemen recoilected that State after State had, under the first impulse of alarm created by this measure, broken away rom the Adininiarration; but that reason and discussion had brought most of them back to their first love, they could hardly imagine that, after the cheering expression of that gober second thoughi," w ich had given Usu majority on this for contrary to the general expectation entertained a year ago, we would shrink from the further sup. port and prosecution of this great anul salutary measure. The people, at least that portion of the people thai elected that maj'rity, anxiously awaited the passage of this bill, and that majority would be recreant to its duty, if it did not struggle long and Jale, if need be, to secure its passage.
He would adil another word or two upon the proposltions to commit the bill. One was to commit it to the Committe of the Whole on the state of the Union, and the other to commit it to the Comunittee or Ways and Means. All admitted its great importance; it contained many sec. uions involving, new and, ligily important provisions, and he had heard no good reason urged against referring it to one of the standing committees of the House. Every bill from the Senate, howev T uninimportant is provisions, was usually referred to one of the standing committers, and why should there be a departure from our practice in reference to this great measure. Standing committees were created, because, from the limited nuinber ihat composed them, were more competi'ni to deliberate with care, to detect faults, and propose the pecessary amendments, than was a body of men large as that here assembled. The very speech of the gentleman from Vermont (Mr. EVERETT]showel the necessity of referring it to one of the standing conimittees of the blouse lle sees a huge Government bank lurking in some of its provisions. It was then peculiarly proper that one of the standing committees of the House should look into it, and see whether it in iruth con. tained such a formidable monster. There was nothing, he admitel, in the rules of the longe which erritermini brought it within the jurisiliction of the Committee of Ways and Means; but relating az it did to finance, it was, in reierence to it, the most appropriate of all the standing committees lle (Mr. V.) was an humble member of that cimmitice and he wouldassure gentlemen, that so far as he was concerned, there would, if referred to the Cominitiee of Ways and M ans, b2 no unnecessary delay. Ilis motto in regard to it, here and elsewhere, would be "ACTION, PROMPT, AND EFFICIENT ACTION."
Mr. WISE would ask his colleague is any bill on the subject of the Sub-Treasury had been reported by the Comınittee of Ways and Means.
Mr. JONES of Virginia said he would answer his colleague, that no bill had been reported by the Committee of Ways and Neans on this subject, for the reason that they had had ihis bill on the table for five or six weeks; and that he had been anxious every day since its recention to get it up, but had not, until now, had an opportunity of doing so. He would ask permission of The llouse iw say, in addition, that he would use his most earnest endeavors to obtain a speedy action on it in the Committee of the Whole, and to get it as speedily as possible before the House. He had hoped to receive the co-operation of gentlemen who were politically oppose: to him, in the immediate se. ference of the bill, as by this means the action of the House on it would be hastened; and he very much regretted the motions which had been made, and which were likely to create a surther delay.
Mr. WISE further inquired of the chairman (Mr. Jones) whether the Committee of Ways and Means had any measure of its own under consideration in favor of the Sub Treasury bill.
Mr. JONES replied in the negative, for the reason that the subject had not been brought to their attention. It would be recollected that more than a month had expired before the House was organized, and the committee appointed. The ap.
propriation bills, and other important matters, had occupied the une of the committee, since its appointmenil, vall within a short time pasl; and there being a great amount of other important business before them, and hasing this bill on the SPEAKERS table, it was supposed by him that there would have been but lit le delay in getting it before the House, that they could, in the meantime, attend to that business. They have not, until now, had an opportunity to take this bill up for reference.
Mr. WISE said, with the country in an unexampled state of depression, there ought to have been no reason for the delay of the committee to consider and report a measure of relief. The committee hadnt even c nsidered this great panecea for all the evils which now eifect the people le contender! that they should have had the subject under consideration without refer. ence to the bill on the SPCAKER's table. This bill, which had slipped through the Senale, might have Leen concocted in the Executive chamber; and they should not have waited for it. He felt great anxiety to expedite the bill, and give the relief which the friends of the bill contend it will atford. The people in agony call for relies, and he trusted something would be elone to grant it. He would not at that time agree to discuss the bill with any one, but when the proper uime came he would be disposed to do so. The House was now just organized, and the Administration party have acquired their full majority, and lie and the country would hold them responsible for the passage of the Sub-Treasury, or some measure of relics lle would say to his constituents and to the country, and now pledge him. self that if the gentleman from New York (Mr. VANDERPOEL) would vote for the Suis Treasury bill, the specie Sub-Treasury bill promised a duped people-he would vote ferit. He would rather lose his right arm than inflict his constituents with the passage of this measure. Ile would not have dared to make ihe pledge is he thought the gentleman and his party would meet him; but lie had no fears tha: he would ever be called on to vote for such a bill. He threw out the challenge because he believed the Administration had no desire to pass a specie sub. Treasury bill, such as had been promised. De suggested to the gentleman from Vermont (Mr. EVERETT,] the propriety of so inodilying his instructions as not to make it imperative.
Mr. EVERETT then modified his amendment so as to av:horize the committee to inquire into the expediency of engrafting it on the bull.
Mr. CRABB looked upon it as a perfect mockery to send this bill to the Committee of Ways and Means, as there was not a member on this floor who had not come here with a perfect knowledge of ine subject, and with his mind fully made up on it. It's right to sit and speak here was more dependent on his decided and uquivocal opposition to this favorite measure of the Administration than to any merits of his own. Nie was as ready now as he ever could be to speak his opposition to this bill, and every other bill of a similar character, anti he presumed every gen leman was ready to do the same. Why refer it to the Committee of Ways and Meang? Was the object delay? Gentlemen pretended That the Opposition in this llouse had thrown obstructions in the way of this bill, agthey have been ac. cused of doing with regard to e:ery other. Biu gentlemen must recollect hat we have an excuse. Jie had said some time ago that it was thought necessary by the 'A ministration party that these five New Jersey members should be voted in before the pas. sage of this bill. Yesterday the deed was done, and to-lay this great measure, in which the Administration bave pledised then:selves, and with which its most distinguished members say that they are willing to sink or swim, should be taken up and discussed on its mellis. I, for one, said Mr. C. say, if you pass it, pass il 10-lay. I wish to see its effects. It affected entire interests of ihe country, for there was not an interest that would not be deeply injurcil by it. Let it go, then, io the Committee of the Whole in which all the various important interests of the country are represented, and can speak of the injuries it will intact on them. The Committee of the whole was the most appropriate for it. Let it be discussed these. Let the hill pass, and let the blouse adjourn, lor, from present prospecie, he foresaw that Congress could do nothing this session. Every question was made a party one: every ques. lion had reference to who ehould recupy the White Tloure. He desireil, for one, to go home. Let gentlemen unile with him in taking up this great measure, and they could soon do so.
Mr. PETRIKIN said he did not rise to make a speech, but to make a motion to save the ume of the House and the country. Before making that motion, he would assign some reasons for the causes of the delay complained of by the gentleman from Alabama | Mr. CRABB) belire him, and the gentleman from Virginia, (Mr. WJse.) Mr. Speaker, we have been compelled to sit here, day aller day and week after week, to hear gentlemen of the Opposition delivering speeches, not relevant to che merits of the questions before the House for consideration, but endea. voring to make Harrison capital for the next Presidential elec. tion, and endeavoring to make the people believe Gtn. Ilarri. con was that which he was not, nor never could be made-a hero, a stalesman, and a philosopher. You have also, Mr. Speaker, heard the gentleman and his Whig friends on this floor, day after day, complaining of the Democratic party chitting of debate by the previous question, or, to use their own term, applying "the gag law,'' to prevent discussion and the freedom of debate. Why, sir, it was but a day or two since that I was personified as being obnoxious to the charge of mor. ing this to our loquacious Whigs-terrible gag law, or previous question. li reilly does not appear very consistent in those gentlemen whose daily avocation it has been 10 "stave off” the business of the country and prevent is being reached and considereil, to get up now and complain of this or any other bill not being reached. I shall now (Mr. P. observed) conclude--and I have no doub!, in doing so, I shall disappoint some dozen of Whig orators-by moving the previous question.
The previous question received a second, and the main ques. tion was ordered to be taken.
And the main question, being first on commitment to the Committee of the Whole on the state of the Union was then taken by yeas and nays, and decided as follows: y eas 77, nays 115. So the motion was rejected.
And : he question recurring ou the motion to commit to the Committee of Ways and Means, it was decided in the affirmative, without a division,
So the bill was committed to the Committee of Ways and Means.
And the question then recurriog on the instructions of Mr. EVERETT,
THURSDAY, March 12, 1840. The CIAIR submitted a message from the President of the United States in answer to a resolution of the Senate of the 4th of February, tranen itting copies of correspondence between the Department of War and Governor Cali concerning the war in Firida; which was laid on the table, and ordered to be printed.
Mr. ANDERSON presented a memorial of Clements, Bryan ant Companyj contractors with the Government for the supply of the einigraung Cherokees, praying the passage of an aci auThuriiziig the Secretary of War to adjust and settle their claims upon just and equitable principles. Mr. A explainrd at some length the merits of the claim, and it was referred to the Cum. mittee en Clainis.
Mr. TAPPAN presented a memorial of chizens of Water ville, Lucas couniy, Ohio, praying for a reduenion of postage: which was referred to the Committee on the Post Office and Post Roads.
Mr. WRIGHT presented the petition of James W. Jlale and Joseph Francis, praying the aid of Government to enable them to erecta primanent life-boat station on Rockaway beach, for the relief of dintregeed vessels; which was referred to the Com mittee on Commerce.
Mr. ALLEN presented a memorial of citizens of Washing. ton, praying that Congress may take such measures as w ll comppelihe banks chartered by them to fulfil their obligations to the public, by a resumption of specie payinenis.
Mr. A. said he was not personally acquainted with the citizens whose names were affixed to this memorial, but he was in formed they were respectable men, and embraced inembers of both political parties. We asked ihat the meinenal might be read, an lorlered to be printed; which was agreed 10.
Mr. STURGEON presented a memorial of citizens of Penn sylvania, praying for the improvement of the Alleghany river from Pittsburgh to Mamilioni, in the State of New York; which was referred to the Committee on Roads and Canals.
Mr DAVIS presented a memorial of citizens of New York, praying that certain duties paid on eilk twist may be relunded; which was referred to the Committee on Firance.
Mr. D. also presented a memorial of citizens of Wisconsin, praying for the construction of certain military roads, for the improvement of the Fox and Wisconsin rivers, and for eslablishing a port of entry at Green Bay; which was referred to the Committee on Commerce.
Mr. D. also presented a memorial of C. B. Dickman; which was referred in the Committee on Pensions. ! Mr. LUMPKIN, from the Committee on Indian Affairs, 10 which was referred the petition of John Scout, reported a bill for the relief of his legal representatives, which was read, and or dered to a second reading.
Mr. WILLIAMS, from the Committee on Naval Affairs, to which was referred the bill to regulate the pay and emoluments of pursers in the navy, reported the same wih an amend. ment, and a report; which was ordered to be printen.
Mr. W. also, from the rame committee, made an adverse re. port on the claim of Thomas B. Parsons; which was ordered 10 be printed.
Mr. W. also, froin the same committee, asked to be discharge ed from the Turiher consideration of the claim of Joseph Whip. ple; which was agreed to.
Mr. FULTON, agreeably to notice, asked and obtained leave to bring in a bill in relation to dorations of land to certain per. sons in the State of Arkansas; which was read iwice, and re* ferred to the Committee on tie Public Lande.
The motion submitted yesterday by Mr. FOUTHARD was con sidered and agreed to.
On motion by Mr. TAPPAX, the bill regulating bank is les in the District of Columbia was taken up for the purpose of os; sering some amendments, and the bill, as amended, was ordered to be printed, and made the order of the day for tomorrow.
MILITARY AND NAVAL PREPARATIONS. The following resolurion was taken up for consideration: Resolved, That the President of the United States be request ed to communicate to the Separe, is, in his judgment, compati
: ble with ihe public interest, all the information which may be in the possession of the Government, or which can be convert ently obtained, of the military and naval preparations of the British authorities on the Northern frontier of the United Siares from Lake Superior to the Allantic ocran: dipunguishing the permanent from the temporary and field works, and particular ly noting those which are within the claimed limits of the United
party shall kcep in service on Lake Champlain more than one vessel; on Lake Ontario more than one; and on Lake Erie and the upper lakes more than two; to be armed each with one can. nion only; and that all the other armed vessels, of boih parties, of which an exact list is igterchanged, shall be dismantled. It is also agreed that the force retained shall be restricted in its duty to the internal purposos of each party; and that the arrangement shall remain in force until six months shall have expired after notice given by one of the parties to the other, of its desire that it should terminate."
The object of the arrangement was, to save useless expense on both sides, and to prevent the danger of collision between their armed vessels, on those inland watery.
The measuses adopted by the British Government, to which he had thus briefly allueed-the large military forces collected in her provinces-the accumulation of works and materials for war on our Northern frontier-and the naval preparations making on the lakes, imdressively admonished us of the dangers which were impending over us. Ile could not, representing, as he did, an exposed Siare, be anxious for war; but a crisis was, he apprehended, approaching, which would demand the most active exertion, the most vigilant preparation. At all events, we ought to be in possession of every necessary information, to enable us to decide what was best to be done on our side. We all know the spirit of aggrandizement which animated the Brilish Government, in all her policy. They were at this moment extend. ing their military conquests in the East; and the journals of the day informed us that they were negotiating for the purchase of he Californias in the West, in the face of the solemn declaration of President Monroe in 1823, that the rights and interests of the United States required it to be made known to the world, that the American contiurnts were not thenceforth to be corsidered as subjects for future colonization by any Europeon power.''
The resolu:ion, modified as below, at the suggestion of a distinguished Senator, a friend of the mover, was then agreed to:
Resolved, that the President of the United States be requested to cause to be communicated to the Senate all the information that is possessed by the Government, or can be conve. niently obtained, of the military and naval preparations of the English Government on the Northern frontier of the United Staies, from Lake Superior to the Atlantic Ocean, distinguish. ing the permanent from the temporary and field works, and particularly noting those which are within the claimed limits of the United States.
SPECIAL ORDER. The bill to provide for the payment of damages sustained by individuals by the wars with Indian tribes since 1830, being the special order of the day, was taken up as in Committee of the Whole, and after a long discussion, in which Mexrs HUBBARD, CLAY of Alabama, LUMPKIN and KING earnestly advocated the passage of the bill, and Messrs. WRIGHT, GRUNDY, and PRENTISS opposed it, its further considera tion was postponed until Monday next, and the bill and amendments were ordered to be printed.
The Senate then adjourned.
Mr. NORVELL rose and said, that he had submitted this resolution, from a strong sense of duty. His
firm conviction was, and had a long time bcen, that the period had arrived when preparations of a military and naval character on one side of our Northern Croptier, ought to be met by corresponding preparą. tions on the other side. While the British Government was amusing us with negotiation, as Philip amused the Athenians it was making quiet and steady progress in preparing for offensive and de tensive operations, at all important points near the entire frontier of the United States, from Maine to Lake Supe. rior. While England was active, we were slumbering at our posts, unarmed, and without defence. It was time for us to awake from this dangerous repose. It was time for us to learn the whole extent of our hazardous situation.
The late correspondence between the Secretary of State and the British Envoy, with the information which accompanied it, clearly showed that the British authorities had devia!ed from the arrangement made by the Governors of Maine and New Brunswick, through the interposition of General Scott, de. spatched to that quarter for that purpose by the President. The explanations of lihe British Minister appeared to him to be erasive, perhaps unintentionally so. He seemed to have
avoided the true issue--the violation of the arrangement to which he had just adverted. The Secretary of State, in his letter to Mr. Fox, remarks: "That the extensive accommodations prepared and preparing, at an old and a new stations, the works finished, and in the course of coustruction, on the land and on the water, are not in harmony with the assurance that the only ob ject is the preservation of a few unimportant buildings and store-houses for the temporary protection of the number of roops her Majesty's ordinary service can require to pass on the road from New Brunswick to Canada."
And now, sir, what is the answer of the British Minister? After general declarations and disavowals on the subject of preparations, he adds:
The faci, shortly, is, and this is the essential point of the argument, that her Majesty's authorities have not as yet altered their state of preparation, or strengthened their military means within the disputed territory, with a view to settling the question of the houndary, ali hough the attitude assumed by the State of Maine, with
the reference to that question, would be a clear justification of such measures; and it is much to be ap. prehended that the adoption of such measures will sooner or later become indispensable, if the people of Maine be not com. pelled to desist from the extensive system of armed aggression which they are continuing to carry on in other parts of the same dispnted territory."
Now, sir, here is no disclaimer of the fact, that the state of preparation has not been allered; that the military means of the British have not been strengthened within the disputed territory. It is simply declared that this alteration has not been mide; that these inilılary means have not been strengthened, *with a view to settling the question of the boundary." Thé menace is thrown out, too, that the attitude of Maine may render
indispensable on the part of the British, with a view to that boundary question, if the people of that State be not compelled to desist from the armed aggressions which they continue to carry on within the disputed territory. The disclaimer of the minister goes to the motive, and not to the face of increased military prepara. tions.
And then, sir, do we not all know that a proposition on the part of our Government, for the settlement of the boundary question, by commissioners, has been before the Briush cabinet for some seven or eight months, and that no satisfactory response has yet been received to that proposition? Was not this proof presumptive that delays and postponements had been purposely inter posed, until the means should be prepared for a coercive adjustment of the boundary question, on the terms which the British Government might prescribe?
Again, sir: it had been stated, with what truth he could not tell, that the cabinet of St. James had written to its agents in Canada, that the passage from New Brunswick to Quebec ought to be, and must be rendered open and free by cither ami. cable or forcible means.
What did all this indicate? Were these preparations, these impuled declarations, intended to intimidate us into a submis. sion to the conditions of settling the boundary question, which might be presented to us by the adverse party?
Along the whole line ef Lake Ontario, it had been stared that new military works were in the progress of construction, and that the old works were in a course of being strengthened. The military posts at Molden had also, as he had learned, been rendered stronger. White Wood island, which had been many years ago most un fot inately ceded to the British, was, as he hid been informed in letters, fortified, or about to be furtified. That island was in the river Detroil, near its mouth; and, with & powerful battery, It would command the passage of both the American and British channels of the river, and lay the whole or the upper Lake country, with its imporiant military posts, its flourishing cities and villages, at the mercy of an enemy. Military works were constructed, or constructing, at Sandwich an 1 Windsor, immediately opposite to Detroit; and that prosperous city could, from these works, in one hour, be laid in ashes. And what was the state of defensive military preparation on our side, in that quarter? Why, sir, we had not even the benefit of public barracks for the protection and accommodation of the miserable skeletons of companies which were stationed there. The curmanding officers were compelled to rent a house at the water's edge for their accommodation. Sir, the surrender of White Wood island to the British was a most unwise mea
Jis acquisition by that Government showed its sagacious forecast, as its cession remonstrated our want of that quality, in a most fatal degree. It onght never to have been given up.
Jle had been told that the British authorities were building one or two steam frigates on Lake Ontario and Lake Erie. Such a measure was a departure from the spirit of that arrangement by which the American and British navies were re. spectively reduced to one vessel on Lake Champlain, one on Lake Ontario, and two on Lake Erie and the upper lakes, not exceeding one hundred tons burden each, and each carrying but one gun. Were the steam frigates to he or one hundred tons burden, and to carry but one cannon? Nobody could beliese it. In order that the ternis of the arrangement might be correctly understood, he would cite a passage from the mes. sage of President Mnroe to Congiess, in December, 1817, on that subject:
"I have the satisfaction," says the President, "to inforın you that an arrangement, which had been commenced by my pre
of the naval force, by Great Britain and the United States, on the lake, has beez concluded; hy which it is provided that nelher
HOUSE OF REPRESENTATIVES.
THURSDAY, March 12, 1840. Mr. CRO3S, f:oin the Committee on Indian Affairs, represented to the House a memorial and accompanying documents from the Cherokee ladian delegation, which had been p:eviously referred to that commillee, for the purpo:e of having thein printed; which was agreed 10.
The SPEAKER announced the unfinished business business of the morning hour to be ihe following resolution, accompanying the report made by Mr. CAMPBELL of South Carolina, from the Committee of Elec'ions:
Mr. CAMPBELL, chairman of the Commitee of Elec ions, offered the following resolution:
Resolved, That the papers enumeraled in the foregoing list, and the jouroal of the Committee of of Elections in the New Jersey case, compr.sing its proceedings up to the 5th instant, be prinied for the use of the House and the committee.
[This resolution covers all the testimony before the commitee at the time ihe report was made in relation to this subject.]
Mr. R. GARLAND proposed to amend the resolution by adding thereto the following:
" And that said committee te in: tiucted to report the evidence referired to it on the 6th instant, and that the same be printed.”
Mr. JENIFER, who was entitled to the floor, spoke in continnation of h s remarks of yesterday, In the course of which, he gave way to
Mr. FILLMORE, who made certain explana. tions; during which much disorder and excilement exis!ed ihroughout the ball, and several intermemeiliate explanations were made, and interrogatories propounded.
Mr. JENIFER continued, and spoke with great acrimony, and imprached the course of the commi'. tee, the pature of which may he judged of by the response of the chairman, who interrupted him for that purpose.
Mr. CAMPBELL observed, that he was indebt. ed 10 the courtesy of the gentleman from Maryland (Mr. JENIFER) for the opportunity of corecting thus early the erroneous impression which the remarks just made by the genuleman from New York (Mr. FILLMORS) were calculated to produce,
bu: which he was satisfied the gentleman (Mr. F.] did not intend to leave on the minds of the members of this House. The impression to which he alluded was this: " that all the testimony in the possession of the Committee of Elections, previous to the report on the New Jersey election, had not been examined. So far from this being the case, he here avowed that all the testi. mony in relation to that case had been taken up, and not only the members of the committee, but the parties themselves, were heard in full upon every pa t they were disposed to discuss: that the testimony was afterwards taken up in detail by the commiitee, and its competency decided upon by formal votes.
(Mr. C. here gave way to Mr. Borts, who expressed his opinion in relation 10 the examination of a part of the testimony.]
Mr. C. resumed. of the testimony thus examined, a large portion was decided to be incompetent. All relating to the illegalty of votes had been so decided, except only testimony impeaching about 12 or 13 votes.
Did gentlemen complain that the committee would not consent 10 expose those who had received a minority of votes, but who claimed 10 have received the greatest number of legal votes, to the ridicule of parading this testimony in relation to iwelve or thirteen voles, to set aside majorities ranging from thirty to near iwo hundred?
Would it not have been a mere mockery_would it not have been gross injustice, while the parties under the authority of the committee, sanctioned by the House, had gone to New Jersey to take testimony, to have proceeded in their abs nce 10 try this election upon its merils, upon testimony so imper. fect? Did gentlemen complain, because the committee had not, in violation of it pledge, pursued this course? A course which would have been utterly unwarrantable in reference to the permitted absence of the parties, and inconsistent with the proviso of the resolution of the 28.h ultimo.
In speaking of the examination of testimony before the committee, Mr. C. did not allude to the "mysterious sealed package” of which so much had been said. The depositions contained in that package were not in the possession of the committee for examination until afier the report had been made, and they had been referred by the House. That this is the correct opinion, is manifest from the circumstance that the House thought it necessary to refer them by a formal vote. That this was the opinion of the gentleman from New York himself, [Mr. FillMORE.] was evident from the fact that he first voled to refer them, and afterwards moved a reconsideration, to prevent their going 10 the committee.
Mr. C. would further state, in relation to the examination of uislimony, that after the passage of the resolution of the 28ih ult. and before the adoption of the report, a gentleman of the committee had called for the reading of testimony in possession of the committee, and that, in compliance with this call, all the papers were read that were called for.
Mr. C. had only risen for the purpose of correcting the impression which he thought the remarks of the gentleman from New York were calcu aled to produce. He was unwilliag that an impression shouid exist for a single day, that the commit ee had not considered all the testimony before it previous to making its report; and therefore it was that he had reques'ed the gentleman from Maryland to allow him the opportunity of this explanation in justification of the committee.
Mr. JENIFER resumed his remarks for a short time, when
On motion of Mr. JONES of Virginia, the morning hour having expired, the House agreed to pass to the orders of the day; before doing which, however, by permission,
The SPEAKER laid before the House the following communications from the President of ihe United States; which were read, appropriately referred, and ordered 10 be printed:
WASHINGTON, March 9, 1840. To the House of Representatives :
I transmit 1o Congress, for their consideration,