[Pamphlets. American history]

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Page  1 S P E E C H IMNR. NORVELL, OF MICHIGAN9 OIN THE BILL OF MR. CRITTENDEN TO PREVENT THE INTERFERENCE OF CE'R T ArX FEDERAL OFFICERS IN ELECTIONS& DELIVERED IN THE SENATE OF THE UNITED STATES, FEBRUARY 1839, WASHINGTON PRINTED Y BYLAIR AND RIVESo 1839o

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Page  3 SPEECH. In Senate, February 16, 1839 — 0n the bill of Mr. movably confirmed; but in regard to individuals or CRITTENDEN to prevent the interference of certain parties, other than as they came recommended by Federal officers in elections. character and conduct, he was impartial, unfetMr. NORVELL rose and said: Before I pro- tered, and independent. But, after all, what eeed, Mr. President, to present my views of the bill is the worth of a victory, if the enemy are alnow under consideration, I desire to perform an lowed to possess THE SPOILS. Of what conseact of justice to my Whig friends on the other side quence is it who are masters of the field, so of the Senate, and to a distinguished statesman of long as the vanquished retain their possessions? the Republican party, once a member of this body. The battle between the great political parties It was the misfortune of that eminent statesman, in had been fought at the ballot boxes again and vindicating the removals and appointments made again, and constant defeat had embittered and by President Jackson, to utter the sentiment, that exasperated the disappointed competitors. They "' to the victor belong the spoils." For that doc- beheld, for a long series of years, the honors and trine he has received the unqualified denunciations emoluments of office, the pride of place and of the Opposition; and his party friends have shared dignity of station, held by their political adversaan equal degree of condemnation for confirming, ries, until the reproach of being a Democrat was by their policy, the principle which he avowed. considered as impassable a barrier to public sta-. My purpose now is to show that Governor Marcy tion as the want of moral character or intellectual is not entitled to the credit of first proclaiming this ability." "The judicial department, the most staas the rule of political warfare; that its origin is to ble and the most efficient in its operation, was, be traced to a Whig source, and its example and from the chief justice to the crier of the court, oractice to the Federal party of Massachusetts. In wholly in Federal hands. As a consequence of the second volume, of the Life of Elbridge Gerry, this, the bar, with hardly sufficient exception to be written by James T. Austin, now the able Whig noticed, added all the force of professional charac&ttorney General of that State, and the biographer ter to the Federal cause. The literature of the of Mr. Gerry, I find these passages: State, so far as it had official form, was under the' Mr. Gerry entered upon the office of Governor same control. Colleges and learned societies of Massachusetts twenty-nine years ago. At that seemed to have settled a sort of common law, that time, says his biographer, "with the directors of the honors of science would be as inappropriately political parties the long retirement of Mr. Gerry bestowed upon Democracy, as the chef d'ccuvres of had given him no opportunity to become intimate. taste upon the aborigines of the country." "It had The changes which time had made in the members been the policy of the Federalists to inspire the of the different departments of the Government; opinion, and it was probably their belief, for selfhad left him almost without personal acquaintance love is exceedingly credulous of praise, that in their with them; and the desire which his party had to ranks were all the talents, and all the learning, and place his name as a candidate at their head, had all the moral character of the country; and as the itself, if there had been no other reason, rendered Romans looked upon the rest of mankind as barbahis advance to the Chief Magistracy wholly inde- rians, so they were pleased to consider their fellowpendent of all conditions, stipulations and expec- citizens, on the Democratic side, as little better than tancies. In his own political sentiments, matured the Goths and Vandals, into whose power had utnas they were by time and experience, he was im- fortunately fallen the heritage of the State."

Page  4 The Senator from Massachusetts [Mr. WEBsSTER] and the division of the spoils deferred until the inquires from what book I have read these pas- powetr of parcelling them out shall have been cornsages; and asks whether I do not know that Go vernor plete!y attained And, sir, I am much mistaken, Gerry belonged to my party, and was turned out if the bill before us be nota measure devised to enable in one year? If the Senator hadl not been inat- the dawning, Whig and Conservative coalition to tentive, he would have heard it distinctly an- meet on common grounld, and to prosecute the war nounced, that the book which I havejustlad doan n against us without the danger of agitation and was the biography of Elbridge Gerry, written by discord among the allied leaders of Opposition. James T. Austin, the present attorney general of T'lis Government, Mr. President, has been in Massachusetts. It is the production of a modern operation fifty years. It has rarely transcendled its Whig, sir, now in the enjoyment of "the spoils" of limited powers.'When it has gone beyond its conFederal victory. He it is, and not Governor Marcy, stitutional boundaries, it has been brought back to who first proclaimed "the spoils" doctrine, and de- its Republican tackl. It has not interfered with the manded what Twas the value of a triumph, if the right of suffrage, which belongs exclusively to the vanquished were suffcred "to retain their posses- States. The elective franchise, the liberty of speech sions?'" He was describing the practice of the and of the press, have been left to their regulation. Federal party when in power, their proscription The General Government, except during the short from office of every Democratic Republican, and reign of terror in the days of Federal phrensy, acttheir strict adherence to te crinciple, that "to the l ing in the spirit of its chartered grant of power, victor belon- the spoils.' Sir, I do kno;v that has abstained from invading any of the reserved Governor Gerry was of my party. He was not dis- rights of the States. The abuses committed at missed in one year. tHe was re-elected. He elections by public officers, during the administraacted in a spirit of liberality and conciliation to- tion of the elder Adaris, goaded Mr. Jefferson into wards his opponents during his first ternm. He de- the utterance of impressive animadversions upon, viated from that course in his second. their conduct. He admonished those of his apIn the history of parties in England, vwe have pointmeint against the initation of the example memorable examples of the secession of leaders which had been set them. He warned them of the from their early friends, and the formation of alli- consequences which would result from the pursuit ances with ancient political adversaries. A cordi- of such a course of interference in the State elecal unio_-) for the common object, the destruction of tions. The distinguished leaders of the Republican the existing administa tion, has always naturally opposition to the administration of the younger followed. On such occasionas, the necessity of Adams directed public attention to the corrupting breaking down all party names, in order to form a influence of Executive patronage, through the strong body ini opposition, has generally been well j medium of officers of Executive appointment, upon unnderstood, and urgedl withl muttual ardor and the elections of the country. President Jackson vigor. Ulterior views, and the division of spoils considered it his duty to denounce the practice of betw"een tie new allies, have be:en postponed until bringing theinfluence ofExecutive patronage to bear the commnon enemy has been vanquished. Party upon the freedom and purity of the elective franchise. spirit, the agitation of variant principles, as be- But, sir, did Mr. Jefferson ever contemplate the tween the different members of the coalition, have passage of a law to prohibit public officers from been deprecated; and measures which might bring freely expressitng their opinions upon all political them into common concert have been devised, and questions, which they might think proper to discuss? supported with zeal, until the compact has been Did he propose any thing, as a remedy for the evil, consolidated, and capable of moving ot with per- riore than the exertion of a moral influence, the fect union and harmony. menace of Executive displeasure, to restrain the A conjuncture of this sort is now before our public officers from improper interference in eleceyes. We see secessions here, and in some of tions? Did the report of the Senator from Missouthe States, from the great Republican party of the ri, the speech of the Senator from Pennsylvania, the cou-ntry. "We see a coalition formed and forming inaugural address of President Jackson, the report in the midst of us, to subvert the present Republi- of the Senator from South Carolina, propose to can Adlaiinistration. W'e see party tiames extin- check that interference by fines and perpetual disguished, the agitation of discordant principles abilities? Sir, in the most exasperated state of feelhushed into profound silence, the ulterior views of ing against the outrages perpetrated by a few pubrival chieftains suppressed from public observation, lic offcers at popular elections, it never entered the

Page  5 romid of a oRepublican stat no great r vigla to more zeal, to stil more ani day, to p ss peeal and prosc," laws mtd exertions, thee oiti en w winesse and di tor tho eui pr: ~nt on and punis h ent. It approves oo any such miscondout. In the was reset vred for t h ee eig Ahtene d d ays, irnceased aroor of the coot, i to i U — ron-ge these times of Oipoosition parity, to suogost ttooe ex- excitement of o the people find the iraordinary enactimen"'s n.Oped Jn ut b 1: o bI- Ia rora' e re-r"ei for the e v i, a 2 tie fore to.e mod fo t s. llot bo1 th eir ai',s W~,;It -s Preidenot t? sr' at d di s'ovacd i0 B'.i- pubili'Ilc decenity, fr'omi ony v oc:ge wh' i c''im ave ti.? h Ini stor y. It ha-s, bee::,n draw-n f'rom the afn~-ieiit bI-een perp e tad upon them eSdchSrlieo' cd rn'fot'etth: parli atena:.'y law.:, Pineiople ~or pr t'iiopl, onrd Co wo rd, letter for t"he conflict otelecti. o l' a i' letter, the'or0us mrat- a fav1orit,1-00 object,'0xer1:, more ene tIitI toCit tsno'it be Ltd`h 1 itrotan.i~ se-, rb do 3 t, theCre isno Imeasu:-'e Cf pros~criptio-n, men[,tah it posso ost e"i t h:~i rae.' is nio att::C uo:.e ft'eed om o[ indiidulot an utve,7.. prC:tl of hum',x nrz1't',I'f r. ThS nion, thier is n60 degree of punishiment, which me t n fky, 0 ~0r0 is0 m 1 in sut p9po'i3 tha, not fiod its precedent i. Britisht history, in 1he I the o","ce-see ",Cers are ca the' sa e si'd;, th, OIe ofreigns of the queens and kings in ih the Sena- floe-holdo I s,:' o i a eteInt -Is t?c elti on0 0 tor from IKen ouc-k; has so Induttriousty hunned up th is potnt is tr ue but the geat m ass of the prototype of oit bill. If, says this bi, L1a tit fo r c'ffe, of those nlie h.: - t, yorp li expresse 00 optntois, remove him7~ ~ are in the o0position. _. h Set r" "temerfrom oic".1c. o~ he mingltS vith his 1010l 0'']ber tc atcry 0 wt hich C'"c uaytet oils r~esou d!, zeas, and exer/001 es hts co'stitutional rignt to tell 5orjen" tie h olte.1h-fis tr'atie, nIof G'en:raI jaclzthem whath o~m or 00asures, o1' hi, son 2,g'i.st the rem11 ~ ov 2.als an p o m n a candaidqe or t a'. - FoesnI *ni-.r t su.facK'es,'loec,!air!~ ~~~~~~~~~h. that UA..iErto.. Du L! 0 rS Yth, ~~~~~ech. ocd am.:.r-~he'o~te A_!tt~-t h If he a c 1e r et to h's f li ow -eonry.*.s.0i'pi, from t! too enTt; if 0s e o r d U', he retmovails w ~re:,:: d e.' o o ve tol ubhea,2 sic.diabl hh' fro tv:: holi. C!on_ i' hit bit, <1iC ouI7 to j "t..~Osu ao te""~~s tO'>'~~'', Ill tOO 0t'O'i'.'~~~~~.'. ~~..'. 0~..~.~0 IA,..o, bIl~t t>....ic lp,,:tbkIc, tflee. ia wi1i find r rcdc-d. - 3 ts.n,11 I 0S these Pry, and lo lt e s,:ir- o ef 0he~ r - a T.. things 0 in Bc.i~tih Isla i7T3 Ihe prig]te rs o- " tis" o1 t bis p ol'icy, -0s ~z ~e~ feeinglJy diem-ale lyr.::nt,~-, an,!1 oFL f e':.e y rIa nt:,% too, Jnte.,r d e xited _`he wtns y~ ti' f[e'ast-a,,_.horf:df i'sl, torI over C They treated as martyrs P'deret o0'',at i.o ""'' te It~.,- ~ of w} t r",, tl'o'.:.....................~~~~~~~~~~~~~~~~~~132 1 E. -:'n.or to ti':.eir Pri",'ip s an n,> r- tn e:- a ei ~'.rv w a ttis flie nii~-'-Xf oc -wl Ji......i.t.l dt'" - "'.'. eo' te:so-o fr."tie1'L t I:C, Is trio"' tCe ROil) TtI31D1 c3inpl ad ith, on..... what thre 1r - -' ~.... "e"-/ca his bi st s fo r the The removils r o3''')'' "'ti. a.' r )',,o. T heS 0 Ottchief2,7-~,~ eril'ts 0; thee into. florence Uh ~....'....:-. — ft,: —,,'.....oilt:-~,t pait''7 tfe e"o3 te i' Cthei'>0 17'ede ral ofptic0, ~ t0 erse P:,'"-''" 0U 3~-3rv oI') t I 1) u'%C- s-,'I CtOpe tli t (ev Idf adi tPat s'i!s b-z: hav be on thi: oilhcie. 1 dutie-s. Sinh th leu 1wa th fle V;bi doc~1 mitred i n this y. It' a dit~ " ~t h partial evils trine The inc t t'~0o he~ vitors 51 o3n0g'a1in7o00008.1 fthis 01:_c,3 U_... in ~hs si th e 1h 0~',11.~ ~.a.0 o~:n<: t,>' 110 odou mrt e sgto othe Cr a, aiis o Ch,,- ian iL ife,`all parthi" evil Is utni- of God and ma-1n. F,'very vterm111 of' o blo cquy-j vetfsal A'~,.; _2 fn pr onr iet!v- nd Jdco -vwas h1-envope up<:n'fthe new a o t vintI-Jeat$1 The ram, hion',~ el o s fr.tpzt and rese, to'aeitosof thre munre dic pesof p olIit ic. aI?ublioopin~~~~~on, as rapre~~~~~zealota.ir o~tecaactei_'%N.0-lf:[r-ee p:,rd forth up,_,on every,new 011 do 00 ~li., ~ ~ ~ 311Ib" ~" 0'3101'' tf Oe oa''a'd, th 111 ".-'O`o1 and. d'-igthieF of their- Go V e rrl t y ou?bio ofi man br o g ti.'o off!c b7 IG, tner ja]:'t.T carls are mo'iyb;,dto ape -t,: an to a..:t -at ll 2g'rett powve rC oFthi -odn v.:: 0 Vr ] iUn.vokzeJ 1'IS0 -It.. It-, Ti:,ey a r er a a f~'r c nois sh''. 1ranger7n i ~,-?'i.. I of " -" tip s aind brhawinr:, in p o I'Liea c, eo::tes',-.. Some; of LIheq if'one these Fa Ct;, r..:nn4 f!'-';' the spec, teSnt 22to~~~ ~~~~ y occ nsoal f'~xi int'?? rprosra s. to'c fromt i-c1tK, "A that no c,~z:e~e' were to ~e n thli-r -do,, no ~alth (:)le:[,) o- the uLO evi, is;I be fou~.~d Pamo.n. t h. O(30npio:d,ion; th:~.ti':mebr foun4 in pui01io,'.~~~~~~~hti,:ii. Tkz nva ri ab W con-?,feteto p too.e-kracxptfst,,i") ta o damns~~~~~~o thn, i.tcr' retwt ietDh a pa tro an th e'ouh: deign0 to'.:k ano trrszeU son ft: ~,.e,)ScrC,.teet~ ice, ~rom wiz n redoteA m.ida:rto

Page  6 had been, removed for political cat!se. Mr. Presi- The rernedy for thle evils which I have shown dent, two years ago, the little State of Rhode Is- niot to be very great, and susceptible of counteracland, one year since the State of Connecticut, three tiidn without the aid of penal laws, is very partially short months past the empire State of New York, provided in the bill of the honorable Senator. "To fell into the hands of the political friends of Sena- the end," rays the bill, "that the great powers tors over the wTay. And what was the imrmediate given to the oficers of the Federal Government, result? Sir, in Rhode Island and Connecticut, the and other persons employed in its service, may not Republican incumbents were swept by hundreds be used for the influencing of elections, which frorn office, for political reasons alone. W;as there ought to be free and incorrupt," marshals, postany difficutty in finding pure and patriotic Whigs nmasters, land o()icers, public engineers, customto supply their places? No. sir! The only diffi- house of-icers, and others connected with these culty prodltuced by the emergency wvas, in rnaking branches of the public service, aLre prohibited from selections anlong, the crowds of hungry vultures, persuading or dissuading any elector to give his anxious to fatten upon the public crib. The atro- vote at any election, State or Federal. They are cious iniustice, the cruel tyranny, of removals from prohibited from intermeddling or attempting to inofice, the suffering wives and children, the starv- fluence any of these elections; and for a violation ing families of the dismissed officers were forgot- of this enactment, the offending officer is subjected ten as thianes of by-gone days. Memory was bath- to a fine of five hundred dollars, and disabled from el in the waters of Lethe, and no longer remem- ever after bearing or executing any office or place bered what had been said and sung prior to the of trust whatever under the United States. For the halcyon days of Federal triumph. In New York, better encouragement of political informers, onewhose able Republican son had been stigomatised half of the fine is to be paid as a reward for the disas the proclaimer of the "spoils" doctrine, towards coveries and disclosures of that honorable descripwhom no epithet of Federal reprobation was too tion of spies upon the words and actions of their strong for daily utterance, the first days of the Whig feilow-citizens. Shocking, sir, as this bill is to all my saturnalia have been celebrated by the proscription Republican notions of the equal rights of all classesof of some of the beat public officers ever confided in the'American people, thereis one thing about it which by the people of that orany other Commonwealth. still more palpably indicates its avowed British Sir, her accomplishedl Secretary of State, the able origin. WVith regard to the Secretaries of DepartComptroller of her financial interests, not less re- merts, the Attorney General, the District Attormnarkable for his stern integrity and firmness than neys, the publishers of the laws, to say nothing of for his solid( talents, the Treasurer, the Attorney the members of this; House and the other, the very General, known here as a nian of great ability, and public men who possess the greatest powers, and all others that cluld be strickenl down, have been can exercise the most effective influence over the swept from the board; and no virgin timidity, no elections, State and Federal, they are exempted coy reluctance, no holy horror af removals for po. from the operation, prohibitions and penalties of litical cause, no contempt for the stpoils of victory, this bill. Our elections may be neither free nor have presented any obstacle to the elevation of pa- incorrupt from their influence, their persuasions triotic and office-hating Whigs to the places vacated or dissuasions, whether they be sent forth from by these removals. Indeed, sir, the public journals these halls in partisan speeches, or directed and tell us tlat a multitude of cancidates were broughlt brought to bear upon the people from the hundred forwaird, and prepared to fill each and all of these batteries of the official press throughout the States. stations. Mr. President, I think that, by this time, Precisely similar was the British statute from the Senator from Kentucky must be willing to ad- which this is taken. The Mnlisters of State, the mit that the office-seekers are not all on the side of Lor(.ds and Commons, the law officers of the Crown, the Administration, and that every opposition to might exert all their powers of influence at elecevery Admninistraiion is filled with them. They are lions. They might, through their friends, spend ten timres mnore numerous than tihe office-holders; thousands and tens of thousands to influence and and they are generally more than a match at elQc- control elections. NTo fine, no penalty, no disabilitions for the incumbents of public plae.- Thlese tv, could be imposed upon them. They were too two classes are antagonist interests, and may be re- high to be reached even by the legislation of aa lied on to counteract the improper efforts and prac-ent. These invid tices ofC eaclh othe-r. Between thenl, the mass of un-e These.aspir-ing people, the public liberty and rights, are distinctions between the high anb the humble, the in very little danger from either. exemption of the aristocratic few, and the punish'

Page  7 ment of the mass, who hold and enjoy office and for the punishment of slander and seditious publiplace, may have well comported with the spirit of cations. This bill enacts the punishment of innothe British Government, but would not be tole- cent and laudable opinions expressed by the citirated in this country, if it were possible to suppose zen, if he happens to be a public officer. Sir, no that this bill could ever become a law of the honorable man would accept appointment if this land. Our marshals, postmasters, and collectors, bill should become a law. No man of character, are equal in intelligence, and, I trust, in spirit too, no freeman possessed of the spirit of "the noblest to those who occupy the highest stations of this work of God," would deign to serve you in a pubGovernment. And, sir, they wrill be, more wanting lic capacity with the terrors of this shocking bill of in manly feeling, less faithful to themselves, than I pains and penalties hanging over him. Your ofthink they are, if they do not bear in perpetual re- fices would fall into ignoble, degraded, and worthmembrance the authors and supporters of this bill. less hands. The man who would consent to serve They will, I trust, "nobly act what they nobly you at the sacrifice of the most precious of his think." natural and constitutional rights, would merit the Baut, sir, you have no power to pass the bill. No scorn and contempt of his fellow-citizens. They part of the Federal Constitution confers upon you would shun and despise him, any authority to interfere, directly or indirectly, "And put in every honesthand a whip: with the elective franchise in the States. You have To lash the rascal naked through the world." no right to prescribe the qualifications or condi- Sir, that merit, those qualities and talents, which tions upon which any man may vote, either for entitle the citizen to confidence and public station, President or Vice President, either for a member are by this bill menaced with proscription and disaof Congress or a member of a State Legislature. bility, if their possessor shall dare to exercise the It belongs to the States alone to prescribe the quali- liberty of speech comnaon to the humblest and fications of voters. The Federal Constitution de- most elevated mrember of society, and secured to clares that the -lHouse of Representatives of the all by a special provision in the Federal ConstituUnited States shall be chosen by the electors in tion. A brand, sir, is fixed upon merit and ability. each State qualified as electors of the most nurme- This bill divests several classes of public officers of rous branch of the State Legislature; that the Se- all right to use the least freedoim of speech in relanate shall be cho.sen by the Legislatures of the se- tion to great questions in which their own interests veral States; that the President and Vice President are as deeply involved as those of any of their felshall be chosen by electors appointed in each State low-citizens. Your postmasters and marshals, as its Legislature may direct; and that each your collectors and land officers, are degraded, intHouse shall be the judge of the elections, sulted, and menaced with the loss of cast in society. returns, and qualifications, not of the voters, Sir, whence do you derive your power to invade but of its own members. Congress is carefully the exclusive prerogative of the States, under the excluded froim all legislation as to the qualifica- pretext of protecting the purity of their elections? tions of electors of both the Legislative and Execu- Have they demanded your interpositionS Have tive branches of the Federal Government. Con- they failed in their duty to themselves? And if they gress can abridge neither the freedom of speech had desired your interference; if they had omitted nor of the press. Your officers, in accepting ap- to protect the purity of the elective franchise, they pointments, do not cease to be citizens. They sur- would have no right to call upon you for the exrender none of their freedom of speech. They can ercise of the extraordinary powers assumed be restrained only by that sense of propriety and in this bill, except through the medium decorum which every gentleman ought to feel, of an amendment to the Constitution. Are you especially when both his own respectability and the wiser, more virtuous, more pure, than your character of his Government may be affected by his predecessors for fifty years past? Are you snore conduct. A law of Congress, prohibiting a public enlightened? Have you a higher sense of virtue officer from debating political questions with his and patriotism, than the illustrious framers of the fellow-citizens, punishing him with fines and eter- Federal charter, under which you occupy statiov::: nal disabilities for persuading or dissuading them in this dignified assembly? Sir, we seem like chilin regard to their votes at elections, would far tran- dren wanting some amusement for the occupation scend the sedition law in the enormity of its trans- of our time and minds; and, in the absence o' other gression of the constitutional rights and liberties employment, we have turned upon the parent of' the people The sedition law simply provided States, to whom we owe our existen~ce. t',e ver

Page  8 reaith of our lives, in this body, to tear from them with entire impunity, at all elections, and at all their peculiar, exclusive, and sacred guardianship tinmes. over the elective franchise, the liberty of speech, But you, Mr. President, it seems, are resrained. and of the press. from voting in this body, except in the case of an But lithe Senator from Xentucky seems to justify equal division of its members; and, ltherefore, somrae the bl, on.;she ground that a distinction exists be- of your rights have been taken from you; andi, twee.s the public officers and the citizens, and that therefore, those of other public officers may be anithe citizen possesses rights which ought not to be- nihilated! Sir, is it possible th:at human ingenuity long' o;he officer. Sir, this argument is not only could so have tortured itself as to dis.cover any a fallacy, but is based upon an assumption not analogy between your case and this bill? Does feeuloed in fact. In accepting office, no man ceases the Constitution make you a Senator? Does it Lo bl a c.'-zen. The possession of ofice neither confer upon you a right to mingle in debate, io weakle's Ihis intellectual faculties, his ability to dis- speak and vote, in comeon with Senators? As chare h~is; secial and politicai duties nor does it well might the honorable Senator have illustrated take fopnin hsn his equal rights and liberties as a his principle by alluding to the exclusion of the cioiz.n, t(nder the Constitution. Sir, under the pre- crowds, who daily throng these galleries, from tihe I:e:,ce of -preserving the purity of elections, this bill right of debating and voting in this I-Tall. No, is a pa opa`le attack upon the freedm of0setee sir ewhat you do here, wha'it you are proann onpiriioo. Does the Constitution, in broadly hnibited freoes doing' here, fow' from the dand nhq'ialifedcy prohibiting oongress brom abridg- Constitutlion of the land. But are you restrained, iv7 t' f rieedcr of speesh or of the press, confer as this bill restrains other public officers, froni upon Ct(fgress a power to punish twenty or thirty freely discussing any election, froee persuading or ho-esan' o vyor most intelligent and honorable dissuading your fellow-citizens in your dwrelling f.e`lo,.c z:ens for the exercise of that freedom? upon the hustings, at ttl':e polls? is there one word vo.oen? gie i yu any authority to se nd your informn- in the Constituticn, is there a word to be found ien ers into t:e domestic sanctuary, there to discover the haw of nature, or the law of GCod, to punitas emud-,' < I'r proscription and punishment, wshat any citizens, whether an ofacer or a private indivte. apesr::?:a' ~ or collector;may say to persuade or dual, for utte ghis opinions of candidates sele dis trade iis neighbor or his son, with regard to his to represent the intterests of all, his own, as well as vrote. a o hedn' election? those of' his con-sry?5 The h~onorable Sent ot fromns Kentucry corn- But coilectors cannot be merchants; rceivers nalina on thae asnerity and vindictiveness of the re- cannot purchase public la nds; arsha ls cannot buy port o" the OJudiciarn y Coemmittee on this bill, and p-ropeity sold by telms unde r eecu tion. This, says t,Si i~ ee:nr'"orisalry ithatit shouid be treated as the honorable Senator, proves that you mnay put a. messufe of oriental despotism. I-Le represents restraints upon your public oficers. New, sir, if t[he bill as a very innocent and harmless aniair, this were t the at, ese restraints would have atoonly prohibiting your publaic oficers frons persuad- getler a pa:cneiary character; ansd they wouold be tn or dissuadind g their fellowrcitizens in relation to designed to secure the iir and impartial execution their vo'res at elections, and rendering tfhes answer- of the official duties of the oflcr. They would not able to [h courts of justice for the commission of affect his opinions, his free soul, his right to spealik, the orene of speakin on politics, so terrible o to t utter his tioughts, to coemmune with hsis fellowallgood,"hJg patriots, and yet so common to allt citizens. The coilector co!old still purchase goods en, a oyd:o all parties, in this inalion! Sir, the for himself and his family. The receiver could measure is the very essence of despotismill over in- buy lands from his neighhbor. The marshal couln dividuas. opinion, and is thie worse ihr the reason purchase property any where but at the sales where m fat it inyf_,ktU a disrraeful. punishment iupn one he officiates as the ministerial officer ofjuistice. ciass or' citizens, for doing what all have a right to But if these officers do not like the penalties o' (1% undier tle wcnstitutions of tihe States and of the this bill let them resign! Sir, this a;,'gwcln of e he-'Tnited S4aies For the expres:sion of a judgment Senator reminds me of a similar observation ma:d ain fvor o one candidate, or against another, at an in the British 1ouse of Comesans. Jack Fuller etectioe, one description of public eflncers is fined alluding to tI complaints iade bv thle. eo.~, tn sd s ndl forever inea pah'-! of htoeding any of- againgst the measures of Parliaiment and the esiiisflce, while others mlay say ha t the y please, may try, exclaimed in debate, with abou't as muatch los pers,.ad1e or disuade any of their fellow-citizens triotisr as piety, "'Those wvho o like 11 e.

Page  9 9 -damn themn, let them leave it!" Sir, I beg might as well aV pe:,fcfed the copy ofhias ritish pardon; it is not my oath; I never swear. The mode!, by a clause forbiddig the public eofficr to honorable Senator is equally patriotic. He tells vote. the public officer, whose feelings are outraged, If, Mr. President, this interference of public otfiwhose spirit is attempted to be subdued and broken cers in elections be so p rnieious, so odious, in the down by this bill, that if he does not iike office eyes of gent!emen, how does it happen that Kentucupon these tyrannical and proscriptive terms, let hin) ky has passed no law to puni h the Executive ofi leave it. Yes, sir! Let honest, highminded, spirited cers of that State for persuading or dis suading men, who scorn your degrading penalties upon others with regard to their votes? WJhy is it that thought and speech, give up their offices, andlet them no State in the Union has done so' The, obsolete be filled by the base, tie abandoned, the degraded statute of'rew. Jersey, cited by the honorabie Seoutcasts of society. Let your bill drive the inde- nator, applies only to the candidates at elections. It pendent and honorable citizen from public does not apply to the officers generally of the State. station, and bring in the starveling:slave, who It is well that it does not. If I co prehend the would sell his liberty of speech, and his soul history of the late election in Tew Jersey, somte of for the crumbs which fall from the public Treasury. the officers, -whose very fate depended on the reI cannot follow the honorable Senator through suit, not only intrmer ddle in the elections, but supall his inappropriate and fanciful illustrations. -ot pressed the votes of townships in order to change one of them appeared to me to be applicable to the that result from what it would have been, if the lawr, bill before the Senate. But, sir, lie spoke of the the duty of these officers, and coomon fairness and jacobinical doctrines of tbhe report of my able decency had been observed. friend from New Jersey. This, IMr. President, The honorable Senator from Virginia LIe,. was an unfortunate epithet. I, sir, am not Rivs] the ofiher day brought up hio columns to the very old; but i ant old enough to rernem- support of his friend from'entucky. ie performaber the i:nguage applied by the supporters of ed various evolutions, moved down upon the posithe alien and sedition laws to M!r. Jefferson and the tiions of thle Senator fromn New Jersey with all the otherfricends of iibertyt who noisMly resisted tho se a',- fi -I whiochhe coould bring to bea r upon Ottie, and bitrary metasures \which distiuo'ishe d ta diet tl't I e his operations by an ao andonment of the period of our poiticel history. They were de- ground occupied by his ally! The re:nolutions cf nounced as leveilets, anarchists, and jacobins. Mly the Senator were a sorry stratagei to extricate his honorable friend fromi newc.Jersey may well fee; newu political associ.tes efrom the difficult in which proud of'the sane sort of denunciation fromn cone- the bill hLd placed them. I trust, si m that this Senial sourec:s. The bill before us is of a kindred nate will not allow tlaema to avail thnenselves of that nature with the sedition law. Th.e Teport agaiosit strataem, but will reqgiroe them to stand or fa l it will desceti to posterity vwinh no jacobinfoal taint nepon Il etr own r cho sen oron d. upon it. It is a sourid, able, Iepnbiican vindion- The Senator considers this subject to be one of tion of the equal political ights o f the American. g-reat importance to the liberties and destiny of peoph- whet, her luey be in tIe walks of private this country. In his imnagination, thile report of my lila, or clonhed with t Ie honors of ub bli c M, frienad from ITew Jersey is evidence that thle mradBut, says tphe honorable Senator from Kentuckay n, ess of party is conducting us to the precipice of a the bill d es not prohibit lthe public ofieer from despotism equal to that of tlhe Stuartis in England, voting. It does worse, sir. it requires him, if he or the putp!ed tyrants of imperial Rome. LHe votes at all, io crep to the polls like a guilty cul- looks upon the report a,, a creedi and doctrine fatal prit, deposite ais vote iin the ballot box, and return to public liberty; and Ihis fancy already bodies forth hoame, slent as the grave. ase ou'st not commnune some Ameriein Cm-ar, clothedt in imperial robes, woita his tallojw,-ciizer ns. Ie -aust not asssigan to crowned wiith the glittering diadanm of royalty, and himtis resons for voting. oe must truly act the trasmpling down t-he freedom of the nation. Sir, part of a'tnute," atnd not dcare to open his lips to langnage of this kind, on an occasion affbrding so his triend or neighbar, lest he may be suspected of ittl pretet fr it, idicates a everish state of pernsuading or dis.suading Otim. Ie mnust shrink feelng, wvhich has driven the judgment of the hoftrot the nanlvy bearin- which I natare and nature's notable Senator firomn is noorings but which nmay God have stamped upon hiem, or suffer the pains readily be explained by thie peculiar circumstances and penalties, the inets and disabilities of tii-s pr- im which he has been p laced by a ach angn of petitcious Whig bil1 Sirl, the Senator frorm centucky cal pos0ition

Page  10 10 I concur with him in the importance of this pro- calism, the whole mass of the people will, I trust, position. It does, sir, strike at the liberties of a entitle themselves to the name of radicals. large portion of your most enlightened and most The honorable Senator has imbibed, from his honored citizens. It does demonstrate the madness new position, fresh terrors of Executive patronage, of party. It does prove, that even in this sacred and of the Executive veto. He tells us that no Hall, consecrated to equal and just legislation, an King of England, for one hundred years, has dared odious despotism oWi- the right to speak and to act to veto an act of Parliament; that if he had done can be entertained. It does exhibit a disposition so, a storm of public indignation would have swept here to imitate the invidious and despotic legisla- him from his throne. It is easy, sir, to understand tion of the British Parliament. Bnt, sir, I trust that the present drift of the honorable Senator. That a majority of this body will always be found pre- gentleman sustained General Jackson in his admi. pared to resist all such propositions, and that they nistration throughout. He has frequently, since will permit no demagogue to drag the Senate into he left his friends, called into requisition the examsuch palpable infractions of the Constitution. The pie and authority of that illustrious patriot against honorable Senator complains that the report not the measures proposed on this side of the Senate. only justifies the officers of Government in the ex- He supported the resolution expunging a previous ercise of the common right which belongs to every vote of the Senate against General Jackson. No citizen, but incites them to intermeddle in elections. whisper of disapprobation was breathed by him Sir, the report properly incites them to assert and in this Senate in relation to the Executive vindicate their equal rights, attempted to be violated veto upon the Bank and distribution bills. by this bill; and they would be unworthy of the cha- Sir, the Senator has gained new light from new racter of American citizens, if they did not maintain associations; and, after the alleged mischief has those rights with manly firmness. been done by the exercise of the Executive veto; The Senator professes to be uninformed of the after he has participated in sustaining that veto, extent to which modern Democracy admits of an the honorable gentleman is now exerting himself infusion of Federalism into it. My friend from to raise that storm of public indignation, which, he New Jersey is quite able to defend himself from hopes, will sweep the Republican party, with whom these insinuations. Bat I will tell the honorable he once professed it to be his pride to act, from Senator that his Democracy, his Republicanism, ap- their ascendancy in the councils of the nation. Sir, pears to have received a sufficient infusion of Con- I regret to say, that our political history has furservatism to spoil its former purity; that, indeed, it nished too many examples for the imitation of the has been merged in the modern Federalism with Senator. I-e has too easily yielded to them. But which the Conservatism of associated wealth so I will tell him for his consolation, that few Repubnaturally amalgamates. lican leaders, who have gone over to the enemy, Sir, the honorable Senator alleges that the bill have survived their desertion with reputation; few before you is of little importance; that the report have acquired the honors, fewer still the confiupon it presents the true issue to the Senate. I do dence, of the Republican party of the country. Unnot wonder that gentlemen are anxious to divert less he retrace his steps, the Senator will have to public attention from this bill of pains and penal- look elsewhere for confidence; he will have to rely ties. It cannot bear the touchstone of public senti- upon other suffrages for the gratification of his amment; but no artifice can be permitted to change bition. the issue from the bill to the report. The bill, sir, The Senator, if I understood him, committed a is the thing upon which the Senate has to give its great mistake in his speech of Tuesday. He vote, and the people to pronounce their judgment. seemed to suppose that the Virginia and Kentucky The report will take care of itself. It is but a resolutions were mainly directed against the infair, forcible, and triumphant commentary on the crease of Executive patronage. Sir, they were bill, and will prove an extinguisher to it. mainly intended to check the assumption of legislaThe Senator declares that the language of the tive power, in derogation of the rights of the States, report, inciting the people to a resistance of the by the Congress of the United States. The inprovisions of this bill, is rank radicalism. Sir, crease of Executive patronage was condemned as radicalism has always been charged upon all oppo- the inevitable result of that unconstitutional legissitions to tyranny, to bank monopolies, and to all lation. The honorable Senator, I fear, is a worse other aristocratic tendencies; and if hostility, if interpreterof the Virginia and Kentucky resolutions resistance-to this unjust and arbitrary bill be radi- than my friend from New Jersey, with all the im

Page  11 11 puted infusion of ancient Feder~alism into his De- The honorable Senator from Virginia has remocracy. He is now fighting the battles of Re- nounced the principles of Democracy. He saidin publica-n liberty. The Senator has gone over to his speech last evening, that he was not a DemoPhilip and his Macedonian phalanx. cratic Republican, that he did not belong to the DeMr. President, I protest against the effort of the mocracy of' the country. Sir, I thank him for Senator to identify the cause of banks and bank making the avowal. He has thrown off the mask. monopolies with the State Governments. It is He is not of the people. He is against being gotrue, that the States have been by degrees en- verned by the people. We shall now understand trapped into excesses upon this subject. They him. He has changed sides. He has approprihave been caught in the toils of associated wealth. ately placed himself in the society of those gentleBut many of therm have seen their error, and are men so far advanced in life, that they disclaim the retracing their steps. The free banking system, knavery of Democracy. The Senator declares that either by its success or its failure, will, I hope, ex- Democratic Republicanism does not belong to the tricate State legislation from the pernicious influ- soil of Virginia. Sir, I think I have a right to proence which has too long been exercised over it by nounce the allegation a libel upon her character. the banking power. Democratic principles, the binding authority of the But, the Senator asks, do not the State laws pro- people, the doctrine of the equal and inalienable hibit State officers from holding Federal appoint- rights of the people, subsist no where in greater ments? Does not the Federal Constitution prohibit force than in Virginia. Sir, the Senator has retrocertain officers from being elected to seats in this or graded behind the spirit and principles of the age. the other branch of Congress? And are not these Democracy, radical Democracy, as near an apdisqualifinations? Sir, I am surprised that an ar- proach as possible to the enforcement of the popular gament so inapplicable to the enactments of this will, is the spreading light of the times. It is a bill should have been advanced by any Senator on principle dear to every true Republican. this floor. The Federal Constitution, the State Sir, permit me, in the language of a late elolaws, do prohibit, as they ought to prohibit, the quent writer, to say to the Senator, that this princisame individual from holding incompatible offices. ple " lies at the foundation of all our institutions." They do not punish him for speaking or acting at The party must become truly Democratic. "It elections. must go for the whole people; against all monoThe honorable Senator from Virginia charges a polies; against all exclusive privileges; against all h!gh officer of the Government with the a~'vowal of aristocratic measure%; in favor of mild and equal the principle, that in making appointments, he se- laws; in favor of equal rights, of education, litelects his political friends alone. No Administra- rature, arts, and philosophy. It must plant itself tion could be successfully conducted, without a ge- upon the essential equality of man; upon the fact, neral adherence to this principle. Hie accuses that there is something divine in every man. It another high officer of interfering in an election in must be ever on the side of freedom; sympathize South Carolina. Sir, what are the facts? I am with the oppressed, with all who are struggling for informed that the friends of a candidate for Con- their rights, It must be high-toned and moral; gress in that State [Mr. LEGAnrE attempted to in- confiding tn the people, and still more in the imfluence votes in his favor, by representing the Se- mortal vigor of truth and justice." Sir, the man cretary of War to be his friend. A gentleman who renounces these principles may well declare, addressed a letter to the Secretary on the subject, that he does not belong to the Democracy of and inquired whether the candidate in question the country.'"Parties, merely as parties," says was a supporter of the Administration. The an- the same profound writer, " are nothing to the s-er was, that Mr. Poinsett did not regard hiom as masses. Individuals, as individuals, are nothing such. Now, sir, while the name of the Secretary to them. A Clay, a Webster, a Van Buren, a could be clandestinely used on the side of the Con- Calhoun, are nothing to them, any further than servative candidate, it was all right and proper; but they are imperson tions of great principles. Show the moment that tohe Secretary of 5Var was forced them that this or that man embodies in himself the into the declaration that he did not regard the gen- cause of millions; that in raising him to office the tleman as a friend of the Administration, then the cause of the million is secured, and then, as the honorable Senator sees in the conduct of that high representative of that cause, does he become of officer an interference in elections dangerous to importance. " And let me add, sir, in the prophetic public liberty! spirit of the same author, that if the present Chief

Page  12 MIagistrate "1fil in his Administration, it will be argmnent, in ona of the most g win, inassioned because he may fail to identify himselfwith thie npopu- and effiective passages I ever listened to. V7hnt lar cause. Let him be really and truly the repre- soil [he exclaimedI] the En-:lish soil! —t' Anlosentalive of that cause, and no power on earth SI axon soil a! —n hat soil wonlId we expct to fin d can prevent his re-election." The party, sir, can such a planut in digeaous?!n wh-t soil hs t ree spare the man who disavows the principles of ofT Libery iurished more than itan Tiand? Is is Democracy, as here delineated. not tue lan_ of our glo'taos an orc, s~.`her'.. e.3 The honorable Senator has fi'equently expressed they brotugoh the most ainueI principles ol our Conhis admiration of ELmund Burlc. -le is not only situti., n-their love of lberty —n. ihatre-d oi tyhis admirer, but his imitator. 1le pronudly disdains ranny and defimnce of ospressors d, aabove all, to answver certain Senatoas on this floor. VhTo that S:dy italqprit, Wih if neow re VieV', vmi d bI gave him a right to place himsself above any gern-'he salvation of our paresent instituiions?'When1ce tleman senti h,.re by asovereign State? Such an as- die Your fia ther, s imbibe the principles of' the Desumption of disdain of his equals, o'a an occasion claratton ot Inoepandene —of our bils of ri-gts — of deserting his friends, and disavoving whart they ann od ihae great ch arter o0 our liberties?:'hece supposed to be his Demrnocratic principles, illustrates but firom Eigland? fs that land to be thus disoenthe temper and political characert of -he Senator, ored" vwho has closely followed his -reat model in these Si, the honorable SenaIto from South Caoina respects. Upon Biurlhe's defection from the En- [ir. Paso'e.-] was eve n more extrvagaant than glIsh i'ahigs, Coolr remsarl, t-hat, 1I'although a this in his r'ptu'rous plaudits upon the British cont Whig ifroim political connection, from a concur- stitution. He distinctly intimated that libarty was rence of views upon ccrtain or-at questions, and from not a natire or our soti. YAe broght it vi i:a us a disapproval of the' Torie, he was, nevertl1eass, from Englad. i i-was wvritten in oar hearts by our neiver, in Mhis h-art, a frirnd toa popular Govern- illustrious Anglo-Saxlon an.cestors. Their nstttumeat. With the''o)st extended views of phiria — Ios, says the honorable Senator, constituite the thropy, he hated the people. lF-{is jph-ilooic mind mtoos n m i fi'cest fabrc oFC libtt er o erected unshrunk fio;a a cona- ct with te v sl g To.ainm dc he i cire t of tihe sun. Sir, this oriental nothing wvas so dti susting. e would ],ibor for l oang fae-, o admiration i: not original with ttlae Se the -advantage of the crowd, but he must be atlow- na-or. It twas uotred ifty'years a-,o byv'ithea t ed to dispense his blessiags frno above. So e - of ultra- ederi sm. in his treatise upoon t'te ineine an aristocrat in heart va-, with great difficulty, rian Constitutions, a pronouinced e Bits Cokept within the pale"' of DF,:lonocst. Get' lemen stitntion to be o"the mo-;t stuopenos'fa bric of - may run out the parallel. san n tinvention. Tha:se geatl"emn -re t aktingf's T he honorable Senator passes a glowing eulozy b-ack to the cisys of Al-ts and iion, whet, upon Eangland and English instinutions,. ct e- ad mirtatiorn of Gre0't Brfin was t'e predo itna-nt dlares that w-e have derived from that glorious feeling of their party. T,-ey dispar.~.g ot people country, andc hcr magna charta and bills oa rights, and our institutions. Sir, te arte not ionebted to all that is valuable in our institutions. Sir, w hen England for our iberty. That re is indigenous to 1 hleard his extravagant encomiuma pionounced every soiL. La. springs up spontaneousl in te upon the British institutions ind the British Go- heart of ever y man. Liberty is the gift of' Go' to vernment, I vas prepared to expect any change on evry Ihuns an being. IT e are indebterd to oarsel res, his part. I could not be surprised at his renuin- and to our ow- intrepid Pevoluttoa'y atcestors, elation last night of the principles of Democracy. for the feedo v we enjoy, ad the Di.a'i'anmcnsecre hat ibety.Th~sword; That I may not be accussed of mrs ppeheading stiu-ions secur tat bry. oid the Seanator on this subject, I beg leave to read th- sir, won thes glorious trophIis ugainst alu tL e - alo r version of his remarks given by his iriend in the iai adll the insolence of British mercea-is, Bijh Baltinsore Patriot, Baltimoae opposition jou.rnals ttyranny,'m4 Driti5 oppr"ss'on. have, cof irate, become good authority whitl the ho- Sr, he ator of tfhe -isory of Party in -- norable Senator. "'cMr. -all," says the reporter, gland has this passage i — ee re'ne to ie loa- ittson "with the genuine spirit of a demagogue, bad between - - -r.'rox an4 L ird L %rh. I seo-oimmen', sneered at the legislation o' England aoring a it to te attenion of the aonoroable Se;tor fiomr precedent for this billt and said,'sch a platat'Vtrginia. "The occurrence of this coalition," s I-s may be indigenous is stat' a soil' Mr. irs Cookl,'s gr-atly to ue deploies as.,o e! noticed this remark, and repeiled the stneer and the to men, who, vi11icdit any of the so0ctt,. may neve-rc

Page  13 1S theless feel inclined to imitate the errors oJ Fox. It tion with them. I know not that he has made is to be deplored as a blot upon the character of a written stipulations with them, but we must judge great rman, as a precedent which strikes at the folrda- the tit_:e by its fruit; his bears that only which is tion of politicacl morallty, and as a weapon in the palatable to them. hand of those who wouidl destroy al! confidence in Tihe Senator from South Carolina [Mr. PRESTON] the honesty of opublic men." Mr. President, let alleges that the principle of this bill is "to prevent me console the honorable Senator in his new posi- the interference of certain Federal officers in election, which he has sufficinrtly defined to render it tions," and that the report of the coammittee ought quite intelligible, with a quotation from the defence to have recommended a bill to enforce that prinmade for him.self by Mr. Fox. "If," said that ciple. Sir, all this sophistry to blind the people statesman, "men of honor can meet on points of to the real character of the bill can be of no avail. general national concern, I see no reason for call- The principle of the bill is to deter certain public ing such a meeting an unnatural junction. It officers froin speaking, writing, or publishing their is neither wise nor noble to keep up animosi- sentiments on any subject having a bearing upon ties forever. It is neither just nor candid to elections, under the penalty of five hundred dolkeep up animosity when the cause of it is no lars fine, and perpetual disability to hold any place more. It is not my nature to bear malice, or station under this Government. The character or to live ia ill-will. - My friendships ame of the bill is that of an invidious, odious, unconperpetual; my enmnities are not." The honorable stitutional prohibition of thousands of the freemen Senator has sufficiently demonstrated that his enmi- of this nation from the exercise of those rights ties are not perpetual. Whether his friendships which belong to all our citizens. The bill is a diare so, I leave to the decision of those who have so rect attack upon the free and independent exercise long, and so painfully, listened to his denunciations of the elective franchise. of the measures of his former party friends, witThe Senator repeats a trite remark, that the nessed his gradual change of principle in imporb t, young man who is not a Democrat is a fool, and tant respects, and seen his adoption of the very lan- young man who is not a Democrat is a fool, and s 7,. 1~~~~~that the old man who is a Democrat is a knave. guage of the Opposition in relation to the exercise of the Executive veto by President Jackson. Well, sir, the honorable Senator is neither young nor old. What, then, is he in politics? I should Sir, the animation and perseverance of the Se na-. his p. like to hear him define his position. tor, in his hostility to his early friends, are worthy of a better cause. The Senator from New York, Sir, the Senator from Kentucky closed his retwo days ago, called up his bill to protect the pub- marks by an appeal to the patriotism and pride of licmoneys in the hands of receiving and disbursing this body. He implored us to sanction this bills officers. In the face of the prophetic declaration that it might stand among the recorded honors of of the Senator from Pennsylvania. assented to by the Senate, as a monument to its wisdom and virthe Senator from Massachusetts, that another bank tue, in all lime to come. He desired that this Hall explosion mrust soon take place, the gentleman, might become the honored place where this great quick as thought, rose in his place, and offered a sacrifice should be made. Mr. President, this Sesubstitute to the bill, requiring the public money to nate is composed of the ambassadors of the sevebe deposited in banks. The second failure of the ral States, specially sent here as the guardians of Mobile Branch Bank, with more than a half mil- their reserved rights and sovereignty. If they were lion of the funds of the Government in its custody, to sanction this bill, they would be faithless to their is disregarded by the Senator, and he seems deter- trust; they would authorize the infraction of the mined again to place us at the mercy of banks. exclusive powers of the States, the liberties of the The Senator tells us that he has not changed his people, and the independence of the citizen. They principles, nor deserted his party. They have would, indeed, render this Hall the dishonored place, abandoned their principles. He stands where he where that monstrous sacrifice would be made. has always stood. Sir, hoaw often have you and I And the extinction of individual freedom, the obheard excuses of this sort urged in justification of literation of the traces of State sovereignty, and apostacy? Why, sir, the Senator has become the the humiliation of the character of this Senate, leader of the party on the other side of the Senate. would constitute a monument of its contempt for IHe has put himself into the front ranks of the Op- the Constitution of its country, and of its degrading position. He is their child and their champion. subserviency to the domineering will of a party But he denies that he has entered into any coali- minority, in all ages to come.

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Page  1 MR. DROMGOOLE, OF VIRGINIA, 2T.HE RIGHT OF MEMBERS TO THEI.R SEATS IN CTlOE HOUSE OF' REPRESENTATIVESo dN T. UO E [lS OF E E NF T EETAT IV ES, 4.F FBRU Ag Ip, [844. WA$SHtNGTO.N: )?2?TMED AT TBHE G-LOB!E OQF~PtC

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Page  3 n th House of Rep sm-e atitw,es February 13, 1844- North Carolina, South Carolina, Kentucky, Ten 7he following resolutions, reported from the Corn- nessee, Ohio, Louisiana, Indiana, Illinois, Alabama, mittee of Elections, being under consideration: Arkansas, and Michigan, have been dzuly elected, Resolved, That the second section of "An act for and are entitled to seats in this House as members the apportionment of representatives among the sev- from the States aforesaid. ogal States, according to the sixth census," ap- "Resolved, also, That the following members fromn proved June 25, 1842, is not a law made in pursu New Hampshire, to wit: Edmund Burke, John R. &nece of the constitution of the United States., and Reding, Moses Norris, jr., and John P. Hale have valid, operative, and binding upon the States. been duly elected, and are entitled to seats in this Resolved, That all the members of this House (ex- House as members from the State aforesaid. cepting the two contested cases from Virginia, upon "Resolved, also, That the following members from which no opinion is hereby expressed) have been Georgia, to wit: Edward J. Black, Alexander H. elected in conformity with the constitution and Stephens, Hugh A. Haralson, Absalom H. Chaplaws, and are entitled to their seats in this House. pell, John l. Lunpkin, Howell Cobb, William EL Mr. DROMGOOLE, having obtained the floor, Stiles, and Duncan L. Clinch, have been duly elec. remarked that, although the usual hour of adjourn- ed, and are entitled to seats in this House as mem-. ment had arrived, he desired no delay or indulgence, hers from the State aforesaid. and should proceed this evening to express his "Resolved, also, That the following members from views, and thus contribute to save the time of the Mississippi, to wit: Jacob Thompson, William H. House. I-Ie said the debate had been continued Hammett, Robert W. Roberts, and Tilghman M. without interruption for seven.entire days, amid to Tucker, have been duly elected, and are entitled to the exclusion of all other business The majority seats in this House as members from the State here occupied a responsible condition to the coun- aforesaid. try. On one hand, they desired to avoid the impu- "'Resolved, also, That the following members from tation of illiberality to their opponents, and a design Missouri, to wit: John Jameson, Gustavus M. to evade this question, and to suppress discussion; Bower, James B. Bowlin, James H. Relfe, and on the other hand, they felt it to he their duty not James M. Hughes, have been duly elected, and are to allow the great interests of the nation to suffer by entitled to seats in this House as members frol the a tediously procrastinated debate on a single subject. State aforesaid." It was time, he said, that this debate should termi- The question before us (said Mr. D.) is one of rate, and that other matters, both important and in- great delicacy to ourselves, and of vital imdispensable, should receive our deliberate considera- portancec to the States of this confederacy. We, tion. have to form an opinion of the constitutional.ity, Mr. DROMeOOsLE moved to amend the resolutions the validity, and effect of an act of Congress, which reported by the Committee, by striking out all after passed both houses with the usual formalities, and the word "Resolved," in the first resolution, and in- received the approval of the President. We have serting, in lieu thereof, the following: likewise to pronounce upon the constitutionality, and "Tilat all the members of this House, excepting sufficiency of the legislative acts of four of the sovethe two contested cases from the State of Virginia, reign States of this Union, in conformity with which (upon which no opinion is hereby expressed,) the number of representatives to which they are elected from the States of Main#, Massachusetts, respectively entitled, under the last apportionment, Rhode Island, Connecticut, Vermont, New York, has been elected. Twenty-one members have been New Jerasey, Penneylvea.is, DXacwarg, Virginia, remurnie ele ted, and, now haed seats on this floor.

Page  4 A.i. due regard to thEi right of the States to exercise States, and consequently does not affect the validitt' Idependent legislation upon matters left with them, of elections made in pursuance of them. The que.or enjoined upon them; a proper veneration for the tion of the virtue of this second section necessarily' lnes.-lable right of the people of each State to arises in judging of the elections: it is involved in..Ou)tose their representatives in Congress; and a it, and cannot be separated from it. This House aolecrfn sense of the obligation to support the consti- cannot exercise the constitutional power of judging rtution of the United States,-must all be in the mind's of those elections, wtihout embracing in its judgrontemplation in the prosecution of our inquiries, ment an opinion of the effect of the second section. and in the formation of our final judgment. A de- The principle which would require this House to ci.ssion against the act of Congress, in this instance, recognise the sufficiency and controlling efficacy of will only declare it a brutunt filmen, and leave it a the second section, without question or examination,.harmless and inoperative provision on the statute- would leave no room for deliberation in judging of book. The legislative thunder of the 27th Congress the elections, and would exact a conformable opinion r-ill die away in empty sound, without having con- without the free exercise of thought'in its forma-,t-rained State legislation; without having affected tion. Such',a principle, such a rule of decision the freedom and purity of suffrage; and without would leave the empty form of procedure-but having impaired the great State right of regulating would abrogate the substance of the power of judgpopular representation. To sustain the act-to ing of the elections. The very House charged with decide that it overwhelms, annuls, destroys the judging of the rights of its own members to seats,.regulationls of four States, makes void their according to their most enlightened understanding, duly certified elections, and utterly defeats and the best dictates of reason, and with proper refhleir representation as stipulated in the corn- ference to the indications of the public mind existing pact of Union, is indeed appalling in its conse- in the constituent body, is itself forestalled. ~ The auences. Such judgment would rodely eject from power of judging, given without dependence or qualii'his House the entire representation of these four fication, is substantially superseded by the pre-judgStates-twenty-one in number-who (it is not ques- ment of a prior Congress. tioned) have been fairly elected. Mr. D. meant by There is-there can be —but one rule which is the phrase "fairly elected" that the elections had safe, agreeable to reason, and according with the been fairly conducted-that the electors had, with- rights of all. Where the power of judging and deciout compulsion or improper interference, volunta- ding is given to any tribunal by the constitution, rily exercised their suffrage-that their votes had and the question of the constitutionality or validity been honestly counted anrid correctly summed up- of any law is involved, that question must necessathat the returns certify the true results, and are in rily be decided, so far as it affects the case in issue; conformity with the expressed will of those who, and that decision is binding on those whose rights by. the constitution, are entitled to choose represent- or privileges are to be adjudged. The power of atives. The bare statement of the case-of its judging is a farce, if the faculties of the mind are to inseparable connexion with the rights of the States be dispensed with in forming a judgment; and the,and of the people-and of the conlsequences involved oath to support the constitution is worse than an unr:i:n its decision, show the propriety of applying meaning ceremony, if, in deciding a case within tAose fundamental rules of construction so perspic- competent jurisdiction, an enactment deemed unconuously laid down, and conclusively enforced, by an stitutional or void is to prevail over a conscientious honorable gentleman from Georgia, [Mr. CHAPPELL.] interpretation of that sacred instrument. The sotT'he jealous spirit in which the States adopted the emn oath to support the constitution fails to shield rconlstitution requires a strict construction of that in- the constitution against the spirit of encroachment, strument, so as to avoid all infringment of the rights and the progress of usurpation. If it be safe to inreserved to the States respectively, or to the people. trust to the House the power of judging of the elecThe powers of the federal government are conferred tions of its own members, there can be nothing.and limited by the compact which instituted it, and monstrous in intrusting it also to examine the conto which the States are parties. It cannot exceed stitutionality and validity of the enactments both of' t.he definition of its powers, or transcend the object Congress and of the State legislatures, upon the suband purposes of their grant without the guilt of ject of those elections. On the contrary, it has been usurpation and the crime of unlawful encroach- made clear (said Mr. D.) that it is consistent to do Aerent. If, upon a fair interpretation, its acts are so; that it aids in arriving at light and truth; and, iyn found inconsistent with the grant, unauthorized or fact, is necessarily and inseparably embraced in the forbidden by the letter of authority, then being un- power of judging. In the examination of controvert~warranted, they become void and of no effect. ed elections in the House of Representatives, State The right of this House to pass upon the consti- laws have been put aside and disregarded, as corktutionality, the force, or virtue of the second section, travening the constitution, and impairing the popu-.declaring that the members of Congress from each lar right of choosing representatives. And upon State shall be elected from districts, has, in the prog- what ground can the distinction be. maintained, that tess of this debate, been generally admitted. A this House may apply the'test of the constitution doubt, however, has been suggested, and the right and the well-received principles of legal construeidenied by one gentleman, [Mr. VINTON of Ohio.] tion to the statutes of'the States, but dare not subThis House is made expressly, by the constitution, ject the enactments of Congress upon the same sub-:the judge of the elections of its own members. The ject to similar scrutiny? Congress aind the State te.-' a.lidity of the elections of the members from four gislatures are empowered to pass laws on the subject States depends upon the constitutionality, the extent of elections. of the obligation, and the nature of the operation of The several enactments of these legislative bodiesthis second section. If it be contrary to the consti- upon the same subject mlust be construed together, tution, if it be inoperative from any cause, and im- I subjected aliketo the constitution and to the estabp(ses no binding obligation, then it does not annul, lished rules of construction, and must be alike liable'&-pair, or alter the rcgteations prescribed inl those to stand or fall in the judgimet of the tribunal made

Page  5 competent to decide the elections. Otherwise, this Congress actually attempted to anticipate the aetriHouse, injudging of theelections of its ownmembers, of this House, and to expel, in advance by tibe r is reduced to the strange condition of being required legislation, the miembers of this present House i to admit the infallibility of a previous Congress, and have (said Mr. D.) hunted up the parchment upon acknowledge the inviolable sanctity of its enact- which was enrolled the bill, entitled "An act recg;-o ments; whilst it may, without restraint, overrule lating the taking of testimony, in cases of contested and disregard the legislation of sovereign States. elections, and Jbr other purposes. It was presente We have been told, Mr. Speaker, (said Mr. D.,) to the President on the 31st day of August, 18402 that this is not a party question. It is a party ques- at a quarter past 1 o'clock, the very day on which fion, sir, (said he) of the highest order. It m- the two Houses had agreed to adjourn at 2 o'cloek,j volves the same principles'of constitutional construe- p. m. The parchment, which I have mentioned, tion which characterized parties soon after the form- had it received the signature of the "Captain,'" ation of the federal goverument. The liberal con- might well be regarded as a whig diploma. Had struction of' Alexander Hamilton and his followers, the scheme in this bill succeeded in connexion wvith detracted from the rights of the States and the peo- the famous second section, the whig party wQuld) ple, and tended to enlarge the powers of Congress indeed, have taken their final degree; they would and of the government generally. Jefferson and his have graduated. The other purposes mentioned in the republican followers maintained that all the powers title are first in importance, and first in location. It; of the federal government were derived firom the provides for the returns, requires them expressly to constitution; that Congress could exercise no pow- certify fiom what district the members are elected, ers but those expressly granted, and such as were foibids the clerk to enrol any as members who are necessarily embraced in them; or, in the language of not certified, or proven to be elected from single di sthe constitution were necessary and proper to carry tricts; and for want of these preliminaries, they are them into effect. To go beyond this strict limit, to have no atiority to assist in the organization o:i was to usurp power, ant to encroach upon reserved House. It failed to become a law, for the want:o: rights. Hence the disciples of the illustrious Jeffer- the signature of the President. And thus the grand son are pecu-liartly State-rights men. In this very design of the 27th Congress to expel, beforehand, ease the antagonizing o principles of the two parties the members of the 28th Congress, was frustrated. are manifest. But, although it is a party question of Soon after the commencement of the third session: omeientous consequence, and divides thle House on of the 27th Congress-to wit, on the 14th Decein-. great principles, it may be discussed without the ber, 1842- the President sent in a message expiaunusual excitements, without engendering animosities, ing the circumstances of the presentation of' the hill and without personal animadversions. Mri. D. said, to himi at the very close of the previous session, anhe was happy to remark that such, in the nmain had nouncing the fact that it had not received his sitognaebeen the character of the debate. ture, and stating that he held himself uncominltted Mr. D. said, that before he attempted to examine as to his ultimate action on any similar measure, particularly the meaning of the clause of the con- should the House think proper to originate it de rostitution specifically involved in this discussion, anid'o, except so far as his opinion of the mquhjuiied the relative powers of' the State and federal govern- power of the H-ouse to decide for itself upon the merlents derived from it, he would be pardoned for election of its own meymbers, had been expressed i:, nimaking a very brief allusiot to the celebrated pro- lis extraordinary paper lodo'ed in the Department test, and to the movmement of the fifty thereouithi of State. The design to accomplish the pre-expulo;onnected. lie would adveikt to this subject, be- sion of nmembers of this House by a statute of Con.. cause an honorable gentleman fi'oi Tennessee ['ir. Ifress, passed iin advance of their attendance —pe,-cDic Iu-so:N] had made a personal fretrence to him in lhaps in advance of their election andi retur, in Idconnexion -with it. A recurrence to the past will [vance of the organization or recoonised beingo of the enable thils House and the whole country to uon- i louse having the unqualified power to decide_ prehend the movement. Thle act for the apportion- was, so far firom being abandoned, commenced de' noent of representatives among the States, accord- sovo. On the 15th Jalinlry, 1843, Mr. Ialsted., (;-. itg to the sixth census, rwas apprioved 25th June, member fr'om New Jersey,) in pursuatnce of preu 1.842. When the President signed this bill, hlie vious notice, on leave, introduced the saue bill folb lodged in the Departmient of State a paper, express- takirtg testiauony in contested elections anmd ofi othlin ing his opiniomn f the imqu,''ifiCed power of each ptrnposes. The- bill was sent to ia Conmittee of thi. House to decide for itself upon the election., re- Whole House on the state of the Union. It Wi-ia turns, and qualifications of its own members. The never considered or debated in committee; but the President has itiimated t-he opinion that tile House committee was diseharged fitom its consideration on of Representativte s alone, in deciding for itself the the 16th mFebruary, 1843. On the 24th of the same election, rieturns, and qualifications of its own mem- month, tile bill was read in the flouse; a motion'o bers, exercised an utequa-iJfi.e power; and, therefore, lay it on the table having failed, it was atended to mnight draw in question the binding obligation upon motion of Mr. -laisted, the etdnamendment and the orm the States of the second section. The same opin- der fbr engrossing an-d reading a third time having' ion had been conclusively maintained in the Senate. been carried, without debate, under the opelration oit! The indications of popular opinion were generally the previous question; and inmmediately, without demiDd strongly adverse to obedience to tile second bate, under the operation of the previous question,:section. The popular movement and the popular the bill was passed. Sir, (said Mr. D.,) there was no mndiagnation eree not expressive of hostility to the sympathy for the rights of a minorityv there was to district systemn, if the States chose to adopt it, but. time allowed for discussion, such as hais been lIbeowtere directed against the act as one of usurped power rally accorded on this oc0easion by the present ta';ofd presumptuous dictation. A design was formed:jority. The contrast cannot fail to arrest the peub]',i sdo forestall the judgment of this House, and opr r- attention.,elude memtbers elected to the 28th- Congress from Here, then, ended the effort 6f the dominant party ~aking their seats. Yes, (said Mr. D.) the 27th of tSis House in the 07th Coigress, to prejuti:e tl5e

Page  6 ea~euions of the h98th f lnngzss nd ec nact a statntory I dorsed o0. thai volubi e) oJama Mison1 the sac expulsion of a portion of the mrembers elect or to be tuous citizen, the wise statesman: "V Veritz Tx,, vmem eiected. 5We hear no more of the bill to take testi- magisti.".otony anid for other pnrposes. It is presumed to haive And now, Mr. Speaker, (said he,) let us resort to:failed jin the Senate, or to have slept the sleep of the original text-to the constitution itself. The deaCtth. gentleman from Ohio [Mr. ScntNc-] who imniedi- A.t the commencement of the piresent session, ately preceded, announces that he stands upon the however, there'waes exhibited the concerted design constitution and the dictionary. The dictionary, and of a minority, consisting of fifty members of this the grammar too, (said Mr. D.,) may be advantagenHouse, to exclude the entire rcpresentation of four ously consulted by that gentleman. The provision States from all'participation. in the organization. in thle constitution which, at present, presents itself I'his effort, although it assumed the solemn form for our considerate interpretation, is the first paraand shape of a protest, was singularly abortive. Let graph of the fourth section of the first article, and is be Carefully collated with the past history which in these words: ihas been briefly reviewed. The public can be at no "The times, places, and manner of holding elece loss to discover the connexion of the movement tions of senators and representatives, shall be preand the continuation of a design, to discern its en- scribed in of each State by the legislature thereof; tire party character-to perceive the purpose, and but the Congress may at any time, by law, make comprehend the motives. The reference made to or alter such regulations, except as to the place of e0, and some remarks of mine, (said Mr. D.,) by choosing senators." the gentleman from Tennessee, [Mr. DicziNsosc,] The first portion of this paragraph, friom the comconcerning the protestant movement at the opening mencement to the word "'thereof," inclusive, applies of the session, seemed to require some notice. And exclusively to the action of the legislature of' eaci now having received the notice to which they were State. It declares imperatively that, in each Statn, eminently entitlted, the country may safely be trust- the times, places, and manner of holding elections ed with the custody of these fifty political protest- shall be prescribed by the legislature. Here is a conarts. stitutional mandate positively ernjoining a duty on Mr. DEoMitooi.: remarked that, during the prog- the several State legislatures. The inode of' perress of this discutssion, the opinions and observa- forming the duty is left to the wisdom and discretions of distinguished statesmen had been quoted, tion of the legislative bodies, who are required to disand urged here as conclusive authority. The argu- charge it. The action requisite under the constiturtents and explanations of Madison, in the federal tion is unqualified; it is not restricted or limiited; it is contvention and in the Virginia convention; of Ham- not contingent; it is not made dependent on other ilton, in his essays,contained in the Federalist; of authority. Wthilst, then, the constitution uneconspicuous men in the several State conventions, quivocally commands the legislature of each an[d the proceedings aniid resolves of'these! conven- State to prescribe regulations, it authorizes no tSions when ratifying the constitution-have all been interference on the part of Congress-no precept paraded, for the purpose of establiohing, beyond from that body-no dictation of terms-no direction question, the unlimited power of Congress over the of the provisions. to be inserted. This freedom tcnime, place, and manner of holdingelections in the from all control is, indeed, the right of independent States, and sustaining this famous second section of action. Their own judgment then, their mature dei:he apportionment act. It is not admitted that they liberation, their own solemn sense of the nature of bear the construction, to the full extent, which'has their duty, must guide their counsels, and mould been given to them. H"e would admit that th.ey their enactments. ~Under a solemn oath to support might be examined for explanation and illustration; the constitution, to it these legislatures must look that we might resort to them as sources of informa- with reverence and obedience, and. may not subject'on; but he denied that the declarations or dicta of themselves to congressional dictation. Their duty an.yl however eminent, were to be received as ex- to legislate is constitutional;. and to perform this daolicit and authoritative expositions of the meaning ty independently of Congress, is a manifest right. of the constitution, or regarded as conclusively The power over the suijeet, which belongs to the obligatory. Sworn to support the constitution, to State legislatures, is primary; it must originate; it that sacred instrument itself we must resort; and, is precedent in order and time to the co-existing le-'rom its own language, deduce its true meaning. gislative power of Congress over the same subject. i.nopinion of our own (suaid he) must be formed, The congressional power is secondary to that of the after careful consideration, based on the conscien- States; it is ultimate in its operation, and cannot lionis convictions of our judgmnent; amd such opinion precede or dictate. This, he said, he took to be the o our own, humble as we may be, cannot be sub- true grammatical constructio i and intended meaning itituited by the words or dictumn of another with thIe of this provision of the constitution. Thee first pIormrost imposing name. For myself, (said he,) I must tion of the paragraph, as has been shown, gives to exercise the faculties of my own mind, however fee- each State the power to originate regulations, topmreble, and give mny voice in tile decision of these elec- scribe-that is, to order, direct-the times, places, and 6ions according to my own mature and deliberate inmanner of holding elections. Anid then follows,.onvictions.. but the Congress may at any time, by law, make "ANhtliius addictus jurare in rerba magistrii." Wfere or alter such regulations, except as to the places of t;he opinions of others to guide us-were our judg- choosing senators." Here the duty of the State meats to le pronounced according to the authority legislatures and the power of Congress are disjuneof superior names, instead of our own sincere inter, timely and. not copulatively connected. They are pretations —they could not, it foro consciesitic, be re- conmtrasted as separate and different, and not coupled garded by ourselves. and united into one continuous power. The disMr. D. said (holding up a volume of the Madison jieinlctive joins timings that are contrasted with each Papers) he should adopt for his motto the words other; the copulativejoins things that are congruous. c'hich beautifully ircurasErbe the intiaLs (em- "'" a unces soethng adiioribe, the " B **t" armouAns some bing aaddionmtbeyondLl

Page  7 11"Lle'ra r of State legislbcti' a 11niust. nhereforn fe, n o - ari p s 3 iore, is n- ifncL 1 wce frc-i eie j'l'g;t I r o mcedently'eicst, or else tie ongr-essional power setribe a rule, an regulate the mode- of: rocould notbe subjoined thereto. The State power cedure, or dictate the substanc t6 be isert.ed, mutstfirst take position before the Congress power The acsioe, of' a body ismay be indepC ndent alcan be placed fi-thvrt-ebr yon d it. if then,'it has been though its acts may Oc suingct to'rev:Sial -a.d clearly established that the duty' enjoined on the le- alteration by another tritb II- The' ex ertonon of gislature of each is to be pertbrosed prirarily, a.nte- a power msy be free o)d une oitcotrho led, and ye t th cedently, and independentl!y; and that thlie po-wer of results mayn be eh-atied or modiofied by some oter: Congress is secondary in'character, atnd ultimate dep-artit'tt. Tlhe "residettt may neominate icfor.in exercise,-it would seem to bfollow conclusively office, but cas otily;ippoint by and with the dvieee that Congress cannot:, by wa-yof anitieplation, and aind consent oif lthe Scnatt. c The power of' noriin advance, prescribe a prellnlsinary rule to nall rise tinitig ony be indepenibdently exercised by the exeer~,. States —to each, or to anily of them. Conioress na:s it i.ve witholtut cotis-tltatiorn with the Senate. The comeC after the States, anid siupply omissions or va- )power of thfe Senate to wit ihhold its advice and ceonCancies-where the States haves.filed, refusedt, or sent cannot aiitsect the right to rtominoae- — it anr been prevented-by tcakintg suchl regulation s as tonght onlly tirrest th.e appoiintmn:nt after the nomninatioc. so have been prescribed ir itie Staite liy the!egisla- hasbeen tmade, TIhe right of the Senate to control ture thereof. Or where the regulati otns hare ahreadpy sii apltoistnesst bt ogiviing i' refkiisig itn advi.ce and been prescribed, they may ber altecred by Congress. consens, icl.ude s no tint to prescribe tie mode $! Mr. D. would invite the -tttention of'lthe Hionuse to sotriiation, or si.(tatite lite inlividual to bhe -sositshethird volume of the Madison Pa piers, psage b28; natined. The act- cif Conhress sre to bie presentel tonot for the purpose of citing the speee h sr opinou the Presideit tis us a pprovali which i. stay qfaa. )if any one, but on accostit ot' thic [I:t thte re -- ifiedly arrest, find forbid to become lhsw. uch co rded. qmcilified interipositjont a:ld n. a rtisal segsatisve, secunired-! Hle be-o-led lesc to resad fl,-ii this volinti, ssild. so the Presiden[t by ths conssitUtio., carry no right p:ae jeist cited:.to thit [ig ] flictctionary to prescrihe a rule f les 0n-: motion of Mr. Reiad, tie word'lhtir: w Jastion to Cong'es, or sictate the provisions to bo: _ontained in., their enactnients.. Even th e duty el. struck out, and'i-egulations its such cases' inscrted coised i the Presic ent et te to e in -place of'provisions roncerning tem. Th j e o te resie r to tisie, hto give islause then reading-'lit r-gIatio in ea ch of te o Congress itiost iatotn tos the state of thse jisiozt, raen tiecm-ieide -to thteir considerati on such rncas~oregotig cases may, at niV timne, b6'miade or' site i'-'~:lres as he, s hll idge i-ecessar~ anid expethient~,' ed by the legislature of the Unitedl States.' tt es n_1ot, jin the least, ~afyect, thcir 16gislati've inde5 "This was meant [says Mr. Mat-diso n] to gie tie ines t hi tegSlasti, e tpweis gate t in th natinalle~sslactte a~OsV( inotonl- tr nles-thependence- All legislative pownet's grasited irs the ro~tional lfegislaturc a b p ower, not only eto alter the constcitution are veted i Congress to be exercised, provisions of the States, b)ut to rmakile regulatiols Ions i misc'the Sates stissitil fsssh or retestse tst~I intdependent.ly. An honorable genitlemian fion Ohio. sc the State's shouli. ail or refulse attgctlh er.1 r. [Mr. V'NT0SN] ssainttiined that it Wisas not utuma't. This is the positive stttemsnt of a flasct. t is the itn legislatioin to prcesc.ribe general rslest-o declare highest evidence of the true ienic-ng jitentst aitdi geneslra iciples, preparatory to tmore detailed enpurpose of the pewcr given to Cong ress, nd c att; and tc- ctmts;tnd t their powee to pisslaws it wos.li: cords precisely with w hat is smaintained to. be its seeis involved the right on tihe part ofthielegislatire t(o, tair interpretation, by a strici grasnsaticat ct onmstru c- lay down, in advance, nmisistatory dec!aration.s to guide. tion of tie trwhole sentene. Tle section, — s and control fu;ure proceedings. An instanceissupamended, on isotion of Mir. Read, subsequeetly posed o:i'a general dclarator-ystsatute of' somre rule or. underwent mere verbal alterations and chanige c' clirection as to the course of descensts, without a detail phraseology, without altering or ehiansing', o i- of the ilttit: isecessary to fill il: and perfect the syysensding so to do,' its maeaninhig atnd objct-only in emints conforis.titv with the declared- rule. In the so.pthe pnrticular of exemptiing ite places of chlsotsing posed case, thes subsequestt legislation necessary to senators firom all congressional intertference. Befbore cotiplete the iitenteion of the legislatiture is to flows the constitution was finally voted by the contention, frost the, satie sorcte fri'ont whichs the rule has em.signed by the members, and recommieindedi to the anated, and does i.not depenid stpon the auxiliary en-. States for ratification, it was refer-ed to a commiitttee a.etments of a difireint body possessing only secondof "'style antsd arrangement." In this conitAtee its,sary amod ultiniate auttlhority, indclependent in its spthere parts sere arranged, and expressed.in approp riate if action, and hasting thle discretion ary powser eif style and language. This st;rs tle duty of Ish. c forh trearisg to act. It is not i:ecessary to cointrovert mittee, and' they had no authtority to chainge the ithe position that a legislature, having ample and cxmeaning orspurport of thle instrumtent. It wais prin- elusive jurisdiction uver the subject-mstater, may cipa!ly performnied byS Governeur Meorris, deeied pr-escribe general ru-les and declare leading prir/clpeculiarlyl competeot f-nets hsis literary taste ndsi ples to gos esovin the details of their own enactmtvents,s~cholarship. But surely such a case could have no application to it mnay be contended, however, (said Mr. D).,) that the point now in issue. Can any precedentbe pobecause the' acts of the legislatures may be supers- eluced., wh tere ose hbody having the right to masae, if vised and altered by Congress, their action is not, snone be previously made, or to alter, ifnecessary, -therefore, independent ani exempt fi:oi all obliga- suech regtulationrs as asive been made, has claimed..on to conform to the rules prescribed by the su- I and exerted the right to prescribe a rule or comnasand. pervrising powrer. A moment's reflection will ex- to another body hasing the independent aMd unqu.eipose the fallacy of suchl a deduction. The power fled power of originating themr? The search for a. of one body to supervise an act, iand alter it, -after itI precedest will be fr-uitless. has been completed by another having original jus- Hle (Mr. D.) said that, as it had been shown tlhat; risdiction over the subject, ermbraces no authority to the State legislatures hand the primary and antececontrol the conduct of the body primarily enacting. dent power to prescribe the tinmes, places, aed amasa — The power to supe?oise an enractment, and to alter' its uer oftboldilig lhations; that they were, in this exer

Page  8 -se of this power, ndependenat of Con, g-ss; and, as zation of the iHouse, less elected from single di th, power of Caongress was secondary, and its action triects. This effort, as has been shown, failed. ulitate, it followed conclusively that the latfer The Congress, then, in the passage of this second could not prescribe a rule or issue an orde r or cor- section, has not, by law, accomplished in fact may nmand obigatory noi the former. If, then, the de- alteration of theprovisions of theStates. They haye laration contained in the second section that the failed to alter them by law. They have adopted members to which each State shall beentitled, shall no legislation adequate to the object. The necchi be elected by districts-is a rule precscribed or a corn- sary auxiliary legislation is dxpected of the States —:manid directed to State legislatures, it has no tounda.- it is turted over to their respective legislatures. lion, sanction, or authority in the constitution. It Mr. DRo.GeoLF, said, he took it to be a clear prinis an attempted encroachment upon the fieedon iandl ciple, that when the constitution permitted or independenc.e of State legislation byh the assun;ptioi required the Congress to do an act by law, it could of authority no where granted. It is irreconcilable not turn over or transfer the enactment of that law wi'h the relations of mut-ual independence existing to another body; that it could not direct or command between the resipective legislatures And fnally the rcquisite legislation to be performed by the legisbeoa. unauthorized by the constitution the State latures of the States. When the Congress is in, legislatures are nsider ro obligat ion to observe it' trusted with the power of doing an act, and the quo buit may disregard it. I is, therensfore, nu ll atd i'odo expressly stated to be by las, it nmust accomvoidc plish its purpose by its own direct and efficient legis-. ]Mr. D. next adnerted to the argunsent th;t this lationl. To do an act by law, obviously and indispuw. second section made or altered such regulations an tably meanis to pass a law, which will unequivocal. had been prescribed in each State by the leglature ly, directly, and certainly effect the desired object. thercolb'Bust the Congress may at ny time, byl The legislative power granted in the constitution; iaw make or alter such reoulations, except as to the nd by it vested in Contress, is not, and cannot, in pIlces cf hoosing 0 s nators. And, (said he.) f its ~very natiaeo be traiisferablq. It cannot, in any greater aceuracy in.ascertaining the true meaning of' derecc, or to any extent, be exercised by proxy. this phrase, it may be well to resort to tbe dictiont- J'he legal n" im yln facrt pei alie, Jtcit per se, ry, utpon which the learned and honorable gentle- caannot be made to apply to the business of legislaroan fi'om 1Ohio [IMr, Scr eIarE -] so confidently etI. tion, especially under governmients of limited powTo rmake he thougit meant to create, to produce; to al- er: it cannot apply to the execution of constitutional tern meant to chance, to c.vary. As all the State legisl- powers expressly vested in the legislative departs. rres rhad prescribed the times, psaces, and iiannerc of ment, and required to be performned by lao. holding elections, there was no room for Coness to TlIis seonoid section the, so fstr as it declares a step inand exercise a creatingpower. Such reulations io oeralty, anid attempts to transfer the details the eren aClready made; they were nlready in existence; entciei't auxiliary, and perf2,cting legislationi to the and thus Congress had no opportunity of cretating variou s State legislatur'es, is unanuthorized by the o'f bringinig into being' that which befbre did not cx- constitution, and is simply a ridiculousn nullity~ sl. me regolalions niescrubed in etch State hId Loe usn (sad. Mr. D.) still further adivert to the proved to be vital and operative in securinog the elc- piecme lanotuage of ttis notorious second section; aion of reprcosentatives and therefore the Congtress?d, by fi coaistriction, ascertai Its character and wvas literailly prevented by the States from prodn- impo o. It encts'''That. in ecery case wvhere a tug, taicniivicg out and eitieratitlio such iregulations. -aste'is entitled to more than oune ireresentative adnd thisn con)structio is in strict accordance with tie number to which each State shtall be entitled am to stateme)t of Mr Piad wh. dch his bees beic- dor this en potio mnent shall be elected by districts, tofbre cited-that it was meant to give the nationa l compsed of Contiguous territory, equal in number legis!attre a power not oniy to alter the proviion s to ithe n niber of arepresentatives to which said State of the States, bat. to,istrce rorlatooins, cit, case the Stales n'ay bhe enutled-no oie district1 electinos more thZI) O-ierpreseulutive.,,soqud fail or re ~i ise altogether,. one representative." caJnfai c~.cj sin ahtogThisi second sectioi (said lie) is a loose and careThe Congress may, bowwever, aLt'oy tirai, by lesI campositio it is bunglingly constructed. It iaw~n acites thie regu'lations of the States. Aicn tihe says thi t where a State is entitled to more than one adlvcties of this seco0d s cctiors ought to dimonstite ts e t uiiriber to which each shall be entitled, shall be tshat it is in hc~(, tliCth a'lters the reguilaions wr ic} clectlcdii ecod and so onl; ancd then says the numinber of had been prescribed ii thle States.'Wiirat.f reolation iiit i to e th nm of presetatives of what State does it alter? 1a it a guod int suicfh- to which s'aii State iiay be entitled. iNow, all this cient exercise of tSe ultim"ate right to ante; iii tic variety of htaseoios-hisa ei itled, shall be eititled mode reqtuired o by the. coinsfituiooiiby law' Dioes Imiay } entitled; a Stiate, each State, said Stateit iin an itct vintally ope rate to ace mnomplishi the i5- eans nothing more no less thau that the numser of tended purpose? f~tende pt Prose representatives, apportioned to the several States by hI;is ay tg00e geineral;ty, which, per se, accomplisieO tlie first section of the act shall be elected by disnothiung. is Io exxpaisive tieclr atior or assertion triers comiposedc of contitguous territory. that toe memnbers shall be clected by districts: but no Th ci'cumnlocuiion of phise and confusion of Modes o forming these districts is prescaribed, io. tenses only prove thant the great purpose of the foture perifcting legislation is specifically or dim- firamers ofSthe section eigrossei all ther thouchm t;inetly indicated.l The second section i~,s of itselfI' oftscinegose l h huhs trcily dicatind The eood secnts is of itol cand minade then tforgctful and reoardless of the:hmoperativex, eand canmnot efiecti the desired alteration mplainest rules of conposoition and construction. It'wthout add.tional legisiation making it effectual fior is nit, however *meant by advertinm to such faults, -thtat purpose. -~~thas~t f'puipoi~ ~to ntitimate tlhat Iea, tm tlhe"t, sligthtest degree, affect the a The 27th Congrneas seetned'o be avware of this, validity of the enactment. My purpose (said he) and attempted to frighoten or coerce the States by was to remove all perplexity and embarrassmentin declaring that their rmembers should notbe enrolted approaching the rea!l vital, substantive design of.abouldt tSalt t:eiu ieats 9C5.:~ ss;t in t&e ago i- the pro isni:;atc re non eselt tives of the sew V

Page  9 era] States shadl be elected by diLstics. Shal is of the less, by their legislatures, be divided into future tense; and being used in. the tlhird person, of contiguous territory, equal in number to the nurm., may convey a threat or command, and imply corn- ber of representatives to be elected. This divisioua pulsion. Although not expressed, it is well under- into districts might be prompted by a spirit of sulsstood; and in this sense has been algued, that this mission to federal authority. The formal enactmnent imperative language commanding a fuiture act-the might profess, on its face, to be made in pursuance division of the States into single districts of con- and under the authority of the act of Congress; and.,iguous territory-is addressed to the legislatures of yet, in point of fact, in reference to the very legislathe several States by Congress, which latter body tion professing crouching obedience to the act, the act thereby implies its power to enforce obedience. Now would only be a shadow or pretext, and will not have let the validity of this command be tested. If the exerted any substantial power or authority. It is right to issue the mandate existed, the power to en- indisputable, that without the section under discus-. force it-the command of the necessary and proper sion, the States might, voluntarily,' rightfully adopt; mnans, would be unquestionable. If there be no the district system. If the district system would be practicable mode of compelling obedience; if there valid without this section, then it does not, cannot9 be no compulsatory process which may attend or in the nature of things, owe its validity to the exiollow this measure, then it becomes a vain and nu- istence or authority of it, or of any such provisionr gatory thing, wherefore there could have been no The district system must be traced up to a higher rightful authority to speak in the language of com- and more salubrious source. It is the exercise of smand. an original, primary power, resident in the Statesoe The law speaks to command; it does not conde- In those twenty-two States to which reference h s scend to parley or to persuade. Where is the sane- been made in debate, with a confident air of triunmph, iont? where is the penalty of disobedience? What as having sanctioned and acknowledged the authoriis the mode? where are the means of securing obe- ty of the act, it has been void anld inoperative fromon dience and compliance? Can a State legislature, as a its first pronmulgation. Their legislationi ests not upon. bo.dy, or the members individually who compose it, its command or authority for its origin, it' efficren. for refusing to execute the mandate, be placed in cy, or its continuance in full force aniid effect. durance as recusants? Can they be made liable to Those twenty-two States, or nearly all of the-n, punishment for the crime of contumacy? None had adopted the district system bebore the passage have had the boldness to maintain such doctrine. of this act of Congress, in virtue of their anteceden'i Viewed in the light of a command directed to the right to legislate independent of Congress. State legislatures, directin, the adoption of the dis- [-Tere MIr. BAINA.RD, of New York, inquired'f irict system, and prohibiting the general-ticket sys- that State was included in the statement, and deniedl emn, it is the veriest bldutitm flnrlCei,; absolutely a that New Ybrk had adopted the system before the fiat nullity. It being impotent as a command, rest- passage of the act. ilg on no basis of constitutional authority, not prac- Mr. Dno emCosOE. Does the gentleman deny that iclably susceptive of enforcement-the total disregard the district systent had been adopted before the pas-. of it, the entire want of observance, will not impair sage of the act of Conoress? or11 nullify the validity of State laVws. If such laws MTr. BARNaRP'. The single district system hatLd. not would be consttutionM c and valid, in the absence of been adopted before; for some of the districts we)re this second section, then they are constitutional and dubile.] valid notwithstanding the space it occupies in the Mir. D. continue, lie would have no co-ntiioyery volume of congressional statutes; because a nullity with the gentleman about the districts being sinzge orc(an neither'i control their interpretation, or impede double. He reiterated that New York had introdnueaed their operation. In the absence of all inteiference, the district sijstemi before the act of Congress wasi or attemnpted exercise of control by Congress, the passed, and t d ontinued' its otlhe c States haIdil right of the States to provide for the election of all done, of her own will, in virtue of her right to legis its representatives by a general vote of the electors late on the subject, independent of anly intimnation, has never been disputed. The general-ticket sys- direction, or command af Congress. bThe systeln tein, therefore, of' the four States, is good and suffi- of electilns by distiects, in the several States, rests cient, and must so remain, not to be set aside for upon no suchl unsubstantial basis as an idle mnandate aught that Conlgress has ynet done. of Congress. This position becomes still mnore e Thus far (said VMr. D.) lie had conducted his ar- ident aond conclusive from the fact, that if the act of' gumlent uponl the admission that the, expression, Congress was nnconditionally repealed, the district nianner of' lioldailg elections,) included, ill its svstem'would still remain, in the sevenal States, In. meanl!ing9 t1he mode of chloosing all the repre- full operation, deriving i ts obligatory character frot sentatives for the State at large by the general' their rightful power to enlact it. Blot out this second. svoice of the electos, and tIme mode oP choosing, by section —expunge it from the statute-book, -- nd the districts, representatives sevetrally fol.the districts district system, as now in force in twenty-two,Satese by the qualified voters within the same. With this of this Union, would remain undisturbed, snimadmission, still, fIr the sake of argument only, it paired, quietly, peacefully, but successfully perforn. ml1ay be demonstrated further, that this second sec- ing its functions. The second section cannot be the Tion was inert, without effective operation in the very true, real basis of this plan of electing from single States whose legislatures cherished a compliant temn- districts; it cannot be the rightful authority which per, and apparently yielded obedience to this pre- sustains the State legislation; for, if so, the repeal of tIsulptuous dictation. It has been shown that this it would be a, removal of the foundation, anad the section, as a rule pxeseribed, is unauthorized and void; whole superstructure would necessarily toppleo as a trassfer of the details of legislation by Con- This second section has gone along with t-he appor-, tress to State legislatures, is without authority in tionment of representatives, made under the sixth. the constitution, and nugatory; as a command, can- census; it has seen twenty-two States laid of ainto -not be enforced, rests on no proper authority, and is districts by their respective legislatures, and woeldL W.dVn and a powerless. The States mightt, everthe- acetually persuade us that its potency had uprodacdi

Page  10 tot these~i~ 1egivdiattvca raovtai:-a'et Tu1e d~y onxl e to elections, when (agress acts the pt 4e t cbb'riot-whaeel vainly' persunaded itself that it exer- alter what has already been done; or to mroile a.nd cased an important agency in raisirng the dust; but supply such regulations as the States have failed alt )vemoyore the self-conceited insect, and there would be together to prescribe. It cannot seize original jurisao diminution of the effect produced by thle tramp- diction,.and propose or dictate the form or subsisance.ag of the steeds and the revolution of the wheels. of enactm-tent to the State legislatures, which have a s, remove this officiouo- intermeddlind companion prior antecedent rightof independent action. The, o" the apportionment at, and it is at'once perceived distinction between the cases put for elucidation, that, in reality, it has had no substantial efficacy in and the case awaiting our decision, is too glaringly the business of State letislatitot, and that. its preten- perceptible to atdinlit of comment, or to require demmon to power and authority was ant empty show. onstration. But the cases cited. wvill prove directly Admit, (said Mr. D,) again, merely ibr the sake the reverse of thiat'which they were designed to snsof argument, that the i-nanncer of Iholding elections" tain. applies to the district, atd to the general-ticket sys-. With respect to thepower of Congress to provide'tern; and that Congress mnay at any tinme, by law, for organizing and atrming the' militia of the several atter, or change the latter into the former; yet, the States. If by organization, is, understood the arenactment does not effect, does not make the altera- rangement of the militia into divisions, brigades, 6ion; and failing to do so, leaves the prittary regu- regiments, battalions, and companies, and the prelations of the States tt{.touclhed and in unimpaired scribing the numbers of which they shall respective — v~igor. Ily consist, both officers and privates,-then the act -Suppose that the act in question might be right- of Congress, so far as it depended upon the voiunta-:lully made, and that, dispensing with a rigid coin- ry action of the State legislatures, would be inoperatrucetion of phrase, Congress, in declaring that the tive and null, should those legislatures refitse or fail representatives';shall be elected" by districts, in- to supply the auxiliary legislation. If the legistbended only a general direction, induced by the con- latures of the several States shouhd fail altogether to:hident expectation that the States would willingly direct such organization as Congress had prescribed. adopt it, without questioning the authority by which it is palpable that, in such a condition of things, ihe At was made: it thiis aspect of the case, the provi- act would be ineffectual and nugatory. It would so afon still looks to the f ttture, ani becoomes contingent, remain, and would be unexecuted. But no forfeitdependent, and conditionial. As the relquisite subse- ure of right would ensuee-no punishmInent could qurent legislation is to proceedl fiotin the sill of the be inflicted for recusanicy —none would be contemndtate3, and not firom thie sri!i of Congress, the States plated or attempted. The act would simply remain xtiny conform, or decliie compliance; and thus the itoperative and -oid; it would be a defective and enactment is not positive and certain, but hangs on impotent exercise of a granted power, and the true a contingency. Unless adequate State legislation and efficient exertion of the power would await come to its support, and infifse, life and activity iinto further perfecting legislation at the hands of Conits, it tus; remain, as it came from the hands of gress or the State legislatures. Congress, a mere inchoation. It is, then, in a corn- So, also, with respect to arming the militia. if p"ete state of dependence, powerless and inopera- Congress should dhrect the purchase of so manty tive. Standinig alone, it accomaplislies nothing; to stand of arms as would be suffieient for the purposc-. fulfil the purpose of its authors, it must nattach and and direct them to be carried and deposited at the connect itself wih thde subsequent legislation of the capitol in each State, to be distributed in such mode States. Writhoiut this intimate amd auxiliary con- as the legislature might direct, it is evident that time xexion, it is in a helpless situation. Necessarily, provision. for distribution of the arms would be of therefore, it must have passed upon tlihe condition no avail, would be unexecuted, and powerless until. that, to be effectual, it miusit becomie so by virtue of the States should infuse vigor into it, and assist its State laws. consummation. Should.the States perseveringly deThis act being originally incomplete, tard insutf- cline altogether, and should Congress adopt no adliient for its object, in every instance where its pur- ditional legislation, the act must continue indefinitely pose has not been consummated by the efficient ac- unfilled, and wholly unproductive of any effect. S, toan of the States, it muist remain inoperative and it is with the apportionm ent bill: thIe State legislation:impotent as to any effect upon their regulations. upon which it relied to give efficacy to the secondl Mr;: D. said, it had been attempted by several section, in the several States, has been wholly ruegentlemeim, during the progress of this discussion, fused in four States. In those States the provisions to justify and sustain this -mode of legislation hy of tie second section have beeti wholly inoperative precedents. He hadt no veneration for legislative and void. The difference between the cases cited precedents; and lie dottied tlhat they had any bih.d- for illustration and the one actually involved, conXingend coinclusive authtority. Cases have been cited sists in the consequences attempted to be deduced wherein Congress has expressly provided for addi- fr-om the fact that four States have wholly disretional anid perfeciting- legishation on the part of the garded the latter. In the supposed exemplifications, States. The cases produced for the cxemaplifica- (as has been remarked,) no forfeiture, no penalty, mion of thie authority claimed, do not ibelonig-to the no punishment of any kind, attaches for the failure amne category of powers with that of the subject in of the States to comply; but a failure to do in this controversy. The examples, upon which reliance case what Congress desired or prescribed, is to be es placed, are drawn firom tihe exercise of powemrs visited upon the heads of the freemen atd sovereign expressly enumerated, tuid vested exclusively in people composing the States, with degradationi, withl Congress. That body having original and exclu- a forfeiture of the right of representations, and sive jurisdiction, may initiate legislation without humiliating subjection to laws in the passage of,onficting with any powers belonging to the States. which they have been denied allvoice and all agency.'Thespower over elections, confided to Congress, is Mr. D. further remarked that the regulation by disjunctively connected with the right of legislation Congress of the value of United States and foreige ot the part of the stw.s respectively. In referene coin, and fixing the standartd of weights and mesass

Page  11 rels, a) ad not tihe rektotet i sa!~g7 to th le second the' day in thfe village fkr himself. Could k.s col section of'the apportionrmient act. Congress'having leaune (said Mr. D.) 1have tile benefit of an amnpie regulated the value of these coins by laws duly political mirror, in which he could behold hirnself published and made knnow, has fully exerted the as he ntm, is, after all his various transrn:ita..tions, and power confided to it by the constitution. Nothing retain a distinct and vivid recollection of what he but gold and silver can be made a tender in pay- appeared to be in the conimencement of his public meait of debts. Every citizen amay demand, of career, he would not recognise himself as the same right, of his fllow-citizen, the payment of a debt indiridunal; like my old friend, who wNent wooieg in gold and silver, to be received l t its regulated in a new dress, he would not know himself. A'~Whe-nvaClue. This right all the courts, both State and ever his colleague (said Ie) desired hereafter to con.-federal, will enlifn,'e. State lkes cannot vary this jure o'up a ghost for the pu.ropose of illustratiarg poregulated value, nlor is it at all dependent upon them litical inronsistency, it might'le irost appror. ate br eicacy. State lae-s a.re 0t1 required to to raise:t ghos t uofhi s o0n dieparted political opintstrengtlhes! and uphold this constitutiortal right of ions. tlhe citizen, nor cat they infriinge or impmair it. Anoli fis ollcn Congress hIsaving fixed the standard of weights and LAt of istoe s] hod. e cleaveredl to prove that thle statute was,, good as fbr' measures, lhas perfectly exerilted that power and -' ~~~~~~~~as it goes; that C3ongress havingC fud/.power t~o the validity of their standard is not dependent ons it g lt Cors hving l to State legislation, nor can State legislation interfere make or alter the regulations;prescribed by the with the universail obligation to observe this fixed States, as to'the manner of holding elections, nmight, standard i, all transarctions cotcetei d with weight nevertheless, exercise lie power, in part, withont'and mensasemeot. covering thfe whole ground; that other acts _uyay and measurem-rent.'-sbcueol a,:,e "' -Adothi prlee Mr. Speaker, (said Mir. I).,) my honorable col- bc subsectently passed its aid of this prt!,tl eIea-, league, [Air. NawvroN,] an. old frieand anmd school- cisc of the power, nod this niake tIe legis!ation COY1,1lete. andf effectual J ll;at several statute_;, msate who spoke firsti on this subject, having vainly coilete and effctual t hat several statce endeavored tu discover somnc similitude between n'i maei, must be construed in coexon previous legislation of Coness, and tis unpree- with each other, and taken as a whole. Tb, e ~pr~~evious legislation of Cogn~ess, snd this unprece- rule of construction had doubtless been correctdented claim to prescribe lthe -form of State enact- ly lid- ownby his colleague: but. unlibrtumerients, and dictate the substance or matter to be in- i laid don by i cllcgue r nately tihere is no opportunity for its ajppla ation,.;serted, he has resorted to the extraordinar y expedi- here So as te fi tte are end cunt of conuringi up a g'host to guard his defebnceless ahre ste s e reral statu tes ar?i tei? eo rece s positions, and give securllity and apparent trtumllh the aux iliary legislation, State or i d.erail, which inee to his desperate cause, by intimsidating the assailants ailr eiltit t le, ch vigorates and perfects thie district system, announced witha a supposed hideous spectre. i lis aghost is not in the second section only as a lofty I.generailty. that of any former con.-,ressional enactment, r' of' Thle act o' Congress 1pocl,~ms that m1embers of the iany once livingo and meficient statute of like class The act of oliess osepres nits thall be elect r of theio s wvith the present case. N. o; it is tinsm ghost. of House of iepreseistatives shall e elecuted frm sintgle districts; butt fails to secure the division of the,$fi1l-born* recommrendation of a Secretary. "ii re)fermence to Mt. oitsn' armyt"' (adt,)States into districts-providcs no means of enforcing cn reference to M pe. Poinsetr's army bill, (said he,) the will of Congress-prepares no details for the m;y colleague has thought p?.roper to single me out, my nitiglenme out, execution of thie plan. The fblor States, on the conntd to male a direct atndl emphatic persornal appcai trary, provide for the election of all their members to me, iitimating' sonie inconsistency between my b I1 by the genral voice of t}.c qualified etectors- and presetnt aind former ponsitiois. My colleague, (said prescribe suoffcient regulations flir the complete exMr. D.) will pardon n poie, but raey mind anno per Mr. D.) will pardoti me, but ty miiitd catnnot per- ecution of their general-ticket system. Here, then,, -ceive aniy connexion betweenm tft sibjeet uhder din- are statutes, State and federal, in pani ntteis, ci thed eussion, and tme qiestioin of' my individual conis- I subject of'electing members of Conigress. Can these tency. I-le. would, not suffecr himself to be dr~awn tensy. fc would tint stiffer himself to lie drawn Ibe construed in harmonious connexion, and blended aside from the consideration of the subject before ito one consisteit h whole' The act of Congress, the House hito a controversy conelernip.g' his own [into one consistent whole? The act. of Congre;ss, the Hiosass iistti a ontro~ve rsy oncerning- his ownll procltimiig or prescribingb the district system, was olitical consistency, or that of the'party with which I r olabi rd p sbing -th puryose ony on sicordialhy acted.-Air. D. said h e was rather [oo } hastily ushered into beir, with its purpose only on its liPs.and.d it has stood still ever since mei gaping old to be caught by su.ch a contrivance. an t Pha stoo. sile e v incei pn He, however, took n c exceptioti to lie a~tpeah astonishment at the bold splrit of independence. He, however, took no exception to the appeal Which defies botha uslrption arld dilatation. It made to h~iti hiy his old friend, [Mr. N'LnVoT0-.] He which defies lith usurpation ant dictatiot.. It deco-ed it noy1 imutainit u pon I moral ci-ae, stands alone, atn instance of weakness and novelty; deemed it no imphutation upon. h tis moral coulrage, deriving no aid from the charitable assistance of thmr refection oa hig mentt l sfnty to be challenged to p-State legislatures; and receiving no succor from ad.meet a ghost. It required more firmness of pu- itiol,.erleislao n Of tself, it can pose, more intrepidity of soul, to combat a ojhos ditional, f al sitn Oitelf itaneect than any argtimetst his colleague hiad advn-t ced nothing; it is, as has been heretofore demonstrated.,1han any argument'his colleag-ue hald advanced. I His colleague amight perhips be as usefully epoy- a nullity. It. can take no efficient step, so as to be good as fhrj as it goes. It cannot expand into effect., ~ed in exatniningI his own consistency as in question- i arit os t cant parin e et ~O~~U -\LL V/LLOILII~~III1~3 ive authority,-t so as to coover any' part of' tJh g-~.md ing that of others. Mr. D7). related an ainecdote of an old friend of Ihis, in Brunswick, aC widower, who was Mr. D. said, Ihis colleagiue had attempted someut desirous of repairing isi loss, by a second marriage. illustration of his argument hby a supposed case of H-e decked himself in new apparel, and exerted him- letting several tenements, with the reserved right of`self to imiprove his personal appearance. Having entry into some part of them. He (Mr. D.) did enot.completed his toilette, being desirous to form some comprehend the doctrine of landlord anmd tenant, estimate of the probable favorable impression which lessor and lessee, with the laws regulatitig their muhis imnproved person might produce, hlie surveyed ltual relations, as applied to the provisions of the hitmself at large in a mirror, and, wvonderful to relate, constitution of the United States. Not perceiving ~so complete was the metaphorsis, that hlie did not the bearing or application of such an ilustration, he know himself, amd mdae frequeta iaquiriea during would -not unadertake to examine or criticise it for

Page  12 1.2 c:r he might be. cm e enmbaassed, confused, and by the electorsgekeral, eah e leetor voting for the -m~inia~teigible. ~whole number; or to apportion the number among Mr, D. said that gentlemen on the other side had subdivisions of the State, securing the election of all based all their arguments upon the assumption that by providing for the election of each separately, the he introduction of the district system into the place electors of each subdivision or district being re-. of the general-ticket system was only altering the stricted to the choice of a single member. And I"manner of holding elections." Thus far he had whlilst the power to apportion the number of each admitted that the "manner of holding elections" State among the people thereof, and to divide the embraced in its meaning the institution of the one or State into districts for the better accomplishment of other plan. The admission had been made for the that purpose, is denied to Congress, it is readily se of ariument solely, in order that gentlemen conceded to the State legislatures. The State legis-might be met and refuted upon their own ground. latures have full power to provide for giving effect Hle camre now utterly to deny that the division of to the right of'the people to choose their representa — the States into districts was included in the term tives. The people, through thIe legitimate organ of''mqiner of holding elections." He contended that theIir will-their generail assembly —may decide to the division of a State into districts equal in number elect the representatives to which the State is ento the number of representatives to be elected, and titled by thIe general aggregate voice of the electors; the assignment of one member to be elected fiiom or, through the same chlannel, may agree and coneai~h district, wras not a regulation of' the "manner sent to apportion the nimber among themselves, of holding the election," but an iappErtionment of the and provide for the election of each member sepaquota of members among the people of the State. rately, from) a defined district of the State, by the Sueh was the view entertained by the framers of the qualified electors thereof. And such authority is amended constitution in our own State, (said Mr. neither derived finom the federal constitution or limitD,) as you very well know, Mr. Speaker; fir you ed, or in any v'ise regu lated by tlit instrument. owre of that body, and shared in their delib'era- The provision tht "ite times, places, and manner' torons, It was not once hinted or suggested that of holding elections for senators and representath~e power of Congress to alter the mannuer of tives, shall be prescribed in each State by the hioiding elections," authlorized the division of legislature thereof" confers no powser, not bethe State into districts for the election of one lore possessed by tihe legislatures; nor does it:member from each district. It was not questioned profess or intendi to enumerate all thie cases t'!at Congress might and ought to apportion repire- and particulars embraced in the general legiso.sentatives among the several States, accordini to lativepower of the States over the subject of the so( re fixed and unifbrm ratio, applied to their numn- elections of memibers of Conress. It enjoins the bers, to be determined iii the msode designated in duthy specifically to exercise the power already aos-.the constitution. But here -the apportionment sessed to prescribe the times, places, and manner of c'eases, so far as the power of Congress carn affect it, holding elections, because this enumneration and thas.s A common divisor is applied to the federal nuiim- irjunction make more clear and intelligible the 1tibers of esach State, ite result is ascertained, mnate power giovenr to Congress to supervise the State a-nid by law a certain numsber is app ortioned to each leoislation in these enunerated cases. In thins anf['hese mcmbers who haive been thus apportioned irr could be' better expreissed the extent of the powhave been chosen every second year by the people cr given to Congress to alter at n-:ny time, by law, oi the several States, and the electors in each Staie such regurlations as the States miagct maske to pce-,f're to have the nualifications requisite for electors scribe the times, places asend manner of onolding eleocof the'most rmnmre0ous branchs of the State leislah- tiens; or to aiaker such re,'ulations as the State legis. t.ure. letures were cnjoisred to make, in case they should. h1ce lan1guage of the consrtitutioni looh-s to the up- fall or neglect altogether -to rmake theim. The conpeortionimert, simply, of a certaininiumber to eaclh State, cluionni reched is, that dividing the State into dism to be chosen by the people. Fromn the words of tihe trircts is not ary part of the msanner of' holding elecc constitution no inferene can be drawn that a dvi- tions and that tlierefore Congress is not emspoower. on e c.l tie numiber to 0which each State mnrightbe enisti ed to nsake or alter the district system; tlhat the tled, -was ntendred to be confidedc to Congress. As States have thi right, if' they so -will. it, to elect their to thie chorie of the smeimbers, reference smade by the representatives to Congress by general ticket, and conistitutiorn to the people agg'regatehy, as also to tihe tat Congress cannot irterfre to prohibit it, destroy relectors qualfied to vote. Thne authority is not ex- it, change or modify it; that thle substitution of the [)ressly given (mior can it be fairly imphied) to suhI- dcistrit ystem fir the plan of' the Cehoral ticket. is divde the people and the territory of the severil essentially ard nuly an mppertfriar ci of nemsers li.tes in.io election districtsi restrictins thi electors er amiong specifrie districts: which the legislatures theretn to a single vote for one nember. Or tihe may rightfilly imake, but whichl Congress cannl;ot contrary, Coneress, incder a strict construction of the prescribe or om nrand; anod cannot auake, alter, or terms used ain the constitution, must regard the whoie modify such lapportionntant. number of memners, parcelled to each Stat, subject to Thle view which lie had. taken, (said Mr. D.,) and the choice of the people, the undivided people; and thlat the construction he maintained, was abundantly susini the actual choice, tihe electors generally, witihouit tained by a provision in thIe ameirnded constitution of' restraint or limitation, have the right to vote for the his own State, (Virimia,) adopted in convention on'ehole nmber. Each elector, ir the eye of Con-s te 14th day of January, 1830, and subsequently grss, so.far as its own apportionment is concerned, ratified by a soem, an nd deliberate vote of the peohaie an equal, conu-non, and undivided right to parti- ple. Theprovision referred to'is thIe sixth section cipate in the election of each-mof all. Conomress can of the third article and is in these words: ad no warrantin the constirtutionto imnpair abridge, "'Tre wvhole number of members to which the nlter, or suadivide thm~ collective and general right of State may, at any time be entitled in tiep House of rthe electors; but it remains for the States themseslves Representatives of thire United Sitates, shall be ap-'c proviide Gr tie exerre' lite cective franschise, ]portiened.c a- nearly a may be, amongsl. the sevooral

Page  13 counties, cities, boroutshg and townis of the. State, ing of the oflcers to stum p the whole nlumber according to their respective numbers, which shall of votes,'the mode of proclaiming the recrult, the be determined by adding to the whole number of form of the return to be made, the time within free persons, including those bound to service for a which it shall be made, all essentially belong to the:'<erma of years, and excluding Indians not taxed, manner of holding elections. Holding the electron three-fifths of all their persons." is one thing; whether the elector shall vote for one or Although (said Mr. D.) his three colleagues, all the representatives is another and very different (Messrs. NEWYTON, CILJTON, and SuMsEr.s,] who had thing. Whether the elector may vote for one represpoken on the other side, had, without reservation or sentative or for all, need not affect the manner of doubt, admitted the right of Congress to establish holding the election. The number to be voted for the district system under the authority to alter the does not constitute. ary part of the manner of Ihold manner of holding elections, yet it was evident they ing the election. It is not the manner of holding had gone counter to the solemen act of thd conven- the election which confers the right to vote; the righit tion of the State, and of the deliberate affirmance and to vote is fixed by the constitution and the lawv. TIhe ratification thereof by the people in their sovereign manner of holding the election is the same, whether capacity. It is a settled question-in Virginia at the right to vote be exercised in favor of a sirlge i::least;-it is not open to discussion. And (said Mr. dividual or a plural number. He would reminld. l i.i D.) the opinions and actions of some of the illustri- colleague [Mr. CmiurT ol-who lhad spoken in high ous men who composed that body, representing the terms of commendation of the aat of Congress-that vsoereign people of the Commonllealth, and charged the election was held in the same manner in Loudot with' the revision and ainendment of their fundament- (where each elector voted for three delegates) as. rn al law, might well claim the respectful considera- the little county of Greensville, where enach elector tion of statesmen in every quarter of the confederacy. voted for one only. The people had an exalted veneration for their con- But (said Mr. D.) give to Congress, under serm-.stitution adopted on the 29th day of June, 1776, blance of the righllt to alter the mainer of holding with a bill of rights prefixed as the basis and founda- elections, the power to lay off the States into districta, lion of government, unanimously adopted on the 12th and you thereby draw w(ithin the vortex of federed day of June, 1776. They would not rashly assail legislation, subjects which surely could not have that form of government which had announced them been contemplated by the firamers of the constitm-:iee and independent, even before the glorious decla- tion, or by the people of the States who severally ration of the independence of the colonies, and which ratified it. Laying off the States into districts; in-'was identified with the revolutionar'y history, with the cludes the right of territorial subdivisions, without: civil and military renown of their ancient Common- reference to existing boundaries of counties or town.nb'ealth. For the wvork of reformnmation, therefore, ships —without reference to population, or local rxewherever it was practicable, high reputation, un- terests. Federal numbers regulate the alpportionsullied virtue, well-attested patriotism, acknowledged ment of members among the States; but such rule abilities, were selected. He hoped he -would be ex- wuould not ilecessarily bind Congress in an rrange~cused for announcing the names of some of the mrent of districts. An attempt might be made to:members of that august body. Ex-Presidents Mad- apply a basis of numbers to the district systeml ison and Monroe, Chief Justice Marshall, Ranl- variant from that applied to the States. Such dolph, Tazewell, Leigh, Johnnson, Giles, P. P. Bar- attempt to arrantge the districts upon a different rule bour, Doddridge, Stanard, Upshur, the present Pres- of numbers fron that applied to the States, would ident of the United States, members of the Supreme produce excitement atld larm, and w-ould open the Court of the State, and mnatny others of fakne alnd door to the discussion of slav-erv tand abolition.. distinction, were mrnembers ot that body. Wtith The provisiion in the constitution o VTirginia guarda these, were assocUlted others of minor fame and dis, against Ill sectional dispute,:and consecrates, within tinection: of the latteri' class hre was himnself an humble tlhe State, the just and eq(luitable conmpromise concomponent. tainled in ithe constitution. Take out of the meaning of the phrase,'man- If -he di isionl of a State illto listricts be included. Per of holding elections," the district systeli,-a nd d withint tlie ileanin- of the tlerm immanner of holding still you leave sufficient matter upon wrhich it roay electioi}s," heir tihe district system may be applied operate. Here is a volume of the'laws of Viriinia, to the electionl of selnators, by Congress. passed at the very first session of the legislature Congreks haus the sanle power of altering the tirae after the adoption of the ametnded constitution, con- or mailner of hloldinlg elections for senators, as it taining the provision wshich has been cited. The has in the case of rep-esentaltives. It may weli be. uVolume opens with the constitution; and the first act conlleived that C(ongress miight alter the manner of in it, is an act colcerning the general elections of holdin: the electionr of senators, so far as to direct a the Commonwealth. The times, places, and man- joint vote of the two bianches, instead of a concuriwr of holding the elections are therein prescribed. rent vote, and vt-re versan and rnight direct the votes But under these heads is no provision for arranging of members of the legislatlare to be give b by ballot the congressional districts. rThat is a matter of sep- or rieva voce. Such alterations u-ould be intelligible arate and specific enactnent. The manner of hold- and operative. But a division of the State into two iag the elections is, however, fully and distinctly pre- districts for the election of senators would be altarurwribed. The proper officers for superintending and ing in principle, but for the fact that such1 diviu4oa. conducting the elections are designated; their duties could in no -way affect the election of' senators, and are prescribed, as also the oaths to be taken for xwould necessarily and unavoidably be utterly inoptheir faithful discharge. Penalties are visited on eratire. The division of a State, in reference to the Them for corrupt' practices, or neglect of duty. election of senators, could it have any operation at'The form and ceremony of receiving and registering all, would be a direct attack upon its sovereignty the votes, and the mode of testing and ascertain- and integrity. It would be a tagrant attempt to ing the qualifications of electors, are pointed out. break down the unity of the republic, to uproot the Th$e manner of cnompaxing Ithe polls, the umeet- great fundaanental doctrine that. the people w'it.Lbiu

Page  14 the defiRed rUnits of the Stte otm e am indea- t Mr. Speaker, (id Mr. D.,) if any yet entrtn dent sovereign political community, who, in that doubt, that doubt should be given ir favor of popthigh character, became parties to the compact of lar rights. An affirmance of the right of the repreunion, and in the same character secured equal sentatives from these four States to hold their sea representation in the Senate. The division of the here, as duly elected, will be a decision in favor of tate into districts in reference to the choice of sena- State rights, in favor of popular representation, and tol, would squint ominously at the destruction of its in favor of peace and quiet. Who can undertake to sovereignty by degrading it into mere: local corn- anticipate all the unpleasant consequences of disparntents. fianchising four States? Will they tamely submit Fortunately, however, the Senate of the United to tihe expulsion of the whole representation of States is to consist of two senators from each State, their free choice? Will other States yield passive to be chosen by the legislature. In the choice of a obedience to obnoxious laws, which could not have snator, the legislature imay look through the broad been enacted if the four States could have been limits of the Co.m monwealth, and cannot be restrict- heard by their representatives? A decision in favor cd to the choice of a sectional representative. If of the"members elected, will accord with the great the legislature may (and, indeed, cannot be re- popular voice which has been already uttered on this strained) select from any part of the State, without momentous question.'That voice, in indignant reference to local residence, it is manifest that the tones, has sternly rebuked the action of the 27th division of the State into districts would not, in the Congress, and passed unqualified condemnatio on leat, affect or control the election, and would be en- this deformed feature of the apportionment bill. 6trely null and void. The second section is doomed. The threatened atp ~ Mr. D. thought he had conclusively established, peal to the people will but heighten their indigathat Congress had no rightful authority to establish tion, and bring down aupon the authors and advoditr either t ei e.r f lon of rprepesentatives or cates o this odious asumptoPin of power abgea.. it:.rn F- "'Pc s, atode condemyaticnm

Page  1 SPEECH 1. DTDUNCA N, OF OHIO,.': the'e Holuse of Representaitie's, JlMa.rch 6, 1844-On and advane.emi;',n reyui'es $such an exposd? in order. the bill introduced by him to regulate tile election to illustrate tie asbsolute nlecess.ity of this.bill becoraeof electors for President and Vice President and ing a law. members of Congress throughoutt the Ubi nited Sir, our governrnert is a goverrmnent of the peo. States. ple. It was created by the people; it is sustained by'Mr. DUNCAN spoke as follows: the people; and the people are the government, to, There is no higher duty we owe to ourselves, to every political puIrpose and intent. And in thaeee each other, and to our country, in whatever situn- consist the greait and fuondamentatl difference between. tion we may be placed, or whatever sphere in life a republican (or democratic) forni of government anoi we may fill, than to understand the nature of our all others. I believe there are but three distinct government, and the civil institutions by which ori ioirms of governmient regarded as ftndamental, viza,: rights are to be maintained as citizens, arnd by wvbich a.xmonarchieal, an aristocratical, and a republicaJ: our civil duties nod obligations towards each other Torm; all cthers are modifications. or mixtures of.are to be regolated. This drty is not more binding those. All governments were lepublican in their apon usin a civil thin in a politica i sense. It is indis- origin; no people ever vere s6o blind to their own pensable to t a hitihl discharge of or dties as pri- interests, and so regardless of their individual pri.rate citizens thnt we should understand the duties of leges itld natural rights, as to surrender thenm into a citizein.'hose duties involve a knowledge of tie the hands of my one man or set of men, to dispense legal and political restraints xwhich civil goverinment, them ait hins oi their plea ri e oi c aprsc I raks ithrows upon us and brings us under. These ciivil another assertioni that is, that man possesses ail duties and obligations are comrnoni to, aad binding the requisites for self-government and to deny thos, upon all men in a state of organized society, wlNat- requisites is a slander on the human fimily, and a ever tile form Of gOsverninin. ott t may be; but we, as base imputation on tie Aimiglity. I also assert, American citizen:, in aiddition, to these duties, owie that'no government ever fell by the corruptions of' some of a higiher chalrater whicih may more proper- thie people. Why, then (it has been and will be y, be denomninated political duties, whxich I contra- asked) lhavs all republics fallein? Why ha':e ail gov,distinguish fiom civil duties for the purpose of ernments whicbli depended cipon the agg'regpate wviollustration. C(iil dIuties, and a knowledge of tie donm and stability of the people, failedi it is part oblihations m. i ch n i'-i! duties impose, appeitan to of my purpose, sn my support of the present bil, to the suhiects of'x me-c'eiby or an ar etocrrcy. The i answer these intcrrogatories. At present, I wish to same civil duties,'in Proportion to thle.requisitions of define and illustrate the character of our government; iaw, appeiUtain to the citizens of a republican gor- and, for that purpose, to illustrate the principles of ernment; but owiing to tihe fact that eaclh individual other government., and to expose the differente, to here is not only a citizen, but also a mniember of the i'e- tlie end tlhat ours many be the'better mnderstood' public, and a part of the law-niruaking power, he owes A motarchical government is that which concen.some higlher duties than a minere citizen. Those trates all powxer legislative, tudicial, and ainicrch'igher duties I call political dutties. Obedience is the rial, in the hands of a single individual. An arisduty of the humble subject of the monarchichal gov- tocracy is that forini of governm-ent w hich places ermnent, xwhile comnmand, is tIthe prerogative of the the same powers, and the sam"e iamount of power, 1or. monarchi; but in a rcpublican government, the duties the hands of a few individui.as. Stch governments of obedience andl suminssion are united with the pre- are called absolute monarchies, or absolute aristoc.:ogative to ciomui'm md? in the same person. Such is iracies, as the casne may be —absolut% because tIhe the nature of our e -overnment. WVitlh us, no mass of thire people have no p articipation ih making, man can be so low as to sliake off the dii- adjudicating upon, or executing the lawss by whick ties of le-gal ind constitutional submission' no they are governeid. Their civil duties qonsist ti.mian can be so himigh s -to be extemptfirom them. submission and obedience; prerogative duties in: No man can be so low (in crimne excepted) as to ex- commanding submissive obedience to the laws wkhich cuse himself ii'om a participation in the duties of they have no ihand in making, and subiission and governing. No man can be so hi]bh as to transcend obedience to the adjudication of laws, without any exemption from the obligations pnd dutiesof the part in the adjudication and subamission, and obcmrost humble citizeni, or to exercise powiers in the dience to the execution of tihe laws, without any' establishimeint of rules of civil conduct not conmmon share in the execution, only as the subjects of exe. to each and every citizen, oinlr as that power is del- cution. n such governments, the people are a kin. egated to hliim by thie suffrage of those he represents, of political auitootons, without political will or vioin whatever othicial position lie nmay occupy. And lition, which maove merely as theyS are moved by this leads nie to an exposm of tie lcharacter of oir thie will of thi.i..ws which govern,hnm, ior the will governmemnt. That I do, not only in conformity wvith of hims or them'who makte the laws. Saich apeo-. a high d'txv y Iich I oweas as i citize n in common, pie manny bear. o theicr external form, the image of bhxt as a prepsentative; I do it. not onIly because'we their Maker for a time, but have the soul of Bacannot too frequeintly refer to first principlesa, harans assn's d in time will become a sses both in! whether in,i pri-vate orin an official capacity; but soul and body. A monware. y and an aristocracy becxausedi thi bll ua:ed" cot..sideraon, ml im defence isa' boad z a rsm.rre a rpcr-ease,,-rtah:i" 6,.aracter? by a'

Page  2 deiation~ Of the p:rc''ogatives of law- making, law conscious oIf the vast importace of the elective fran adjihdication, and law execution, which is most gen- chise, that they interwove it in the political instituorally the case in extensive monarchies and aristoc- tions of our country in such a manner that it could:aeics: but representative change does not clange not be destroyed without bringing ruin upon all *,the character of the government; it only operates to others. Our ancestors had a right to expect that tohe ease of the monarch, or to those holding power this franchise, which was purchased with the blood in an a t:istocracy not o the relief or enfrianchisement of thousatds, and with the treasure of millions-,of the people. Those who redeive the delegation of would be appreciated as a rich legacy-would never such prerogatives, ie the representatives of the ori- be squandered. They had a right to suppose that ginal power; and it is his will, power, and interests, those moral, political, and patriotic obligations alnd'rhey are bound to promote —nrotthe interests of the sacred covenants which descended upon their pos~people.And. it is rost generally the case, that rep- terity, would fotrever be a secure guaranty against wesentative monarchies and ristocracies are the all innovations upon that sacred institution. They:'most oppressive of all governments; they in- had a right to suppose that no son of theiirs would' crease taxation and op)rCss still more by be so prodigal and reckless as to squander that lega-. aeans ofcolletion, without in any pa ti cula tr, e!eva- cv which was t provide peace, happiness,.:ing the haracter_ oi' condition of the subject. BiB I freeeom, ant independence to niillions and have neither timne nor space to pursue thle invxestiga- for all time. They had a ri'ght to hope that ~eon in detail; it is suffticient to say they are, both it no wretch woold be otund base enough to cor-'.heir natutre and practical operatcon, calculated to'rupt that ftanchise upon w hose purity dependoppress the subject, and arc worse thart no'overn- ed the duration of all the ftee institutions piurchased nenti. I would prefer anarchy; I would ranilther die in with their blood and their treasure. But, not condeb.nce of' my natural rights, t thu live a slave. A tent with thia' hope amd that confidence which they re.puhlwca~? o.?2lvermelt I, I ryepoeat, is a. gnorerniee. o ia a riglt to indule —not co't e' wjth the obhligaPhe people. The people and the "overnment in a tions of pati.otism upon those who weie to ilherit o}.it caI sense, xre theosmae. I have satd, in all epub- the ric legacy of h oil they superseded reliiics, all political prerog'atives belong to the people: ion and morality. They interwove, in the official hli is iliterally true.'lhoug'h our goveratnent, is duties of all who were to have the safe keeping of repiresentative datoocracy, yet all power is in'the the electra fianchise a soeema oath. They required hands, of the peopie; and their representativeys are the individual whom choice or the law was to select but their agents, bound by their will, responsible to to usard the purity of the elective franchise, to aptheta and renmnovable at their will. I wvas ijMpos- p'ear at the throne of the Judge of the living and the ible, at tie ceo umencement, that ours could he aiy dead, and it His presence nd in His namne to bind tbh, n ibut a representative de mocracy; ou0r po.'0Ba- theemselves to permit no unhalliowed foot to tread. tion waas too great, alid our territory was too'wide upon that sacred frianchise. Such is the value of the:spread to admit of a simple dtetoriacy. t'he electivefi'aicthise, an.d sutch are the nmeans provided l-famers of outr g'ovt'nnienta were cotapetted to give to deenid and preserve it in its purity; But, iB -is a representative demtocracy-that is, to aruthorize order that this sacred institution shaall reiin putre us to appoint agenats to do that for u - which ewe at- and shall the more completely maintain all our other coreding to the teundamettat pltintiples of democracy, f ee institutions, our constitutions and laws have Isoeld haIve done ourselves. Otr ancestos, in the wisely defined the manner in which it shall he used, Lfrmaaion of our governmen, povided Ithe means the time when it shall be used, the place w hi'e it by which we should appoint our agents. The power shall be used, by whom it shall. be used, and the a"tt the means by whlichl we appoint our political circumstances under which it shall be used. A vioagents or representatives-, is called the elective fian- lation of any of those provisions is a violation of the h;ise. To define all of our free institutions which constitutions and of the laws regiuiatin the use of miake up onr proud anld!orious political i fbric, is the elective franchise, and a corruption and foreign to my present purpose, nor does the sup- violationof the frianchise itself; and he who is port ofthe present bill recquire such a range. There guilty of it is guilty of treason the maost danis one of our free institutions which I propose very gerous and Baagravated; and if the sworn officer, hri.efy to discuiss- mean the elctive ftr'inchise. That whose iu:oy yR is to guard. and defend that isoneu which, nfB ote's, dematads otur attention, o u' fianchise, has wilf.lly or negigaently peraitted consideation, sad our esp,"iaig uardiiansihip Of a e such violation, hie is guilty of both treason and perour proud institutions that is the proudest; ofatlt tury. And upon the samne pri'tnciple, ie who holds our free instituttons, that is the most valuable. It is, an office in conruption of the elective fianchise, and fhe soul "aod the body of our republic- its the basis in violationt of the constitution, is equally guilty of' of our political tabric; it is the fobundation ofall ouar treasona, inasmuch as both are violations of a sacred!tee institutions. Destroy it, and our g'ove'tllaentt animd fiudamenatal principle of the govecrnment. All loses its naime, anlld all our ft'ee institutions are ann-'republics have placed a high estimnate on the elective hlated. They becom e, in an instant, a part of the fianchise, and have imposed penalties for its viola — dust of other republics; and, with then, must be tioas and ahbuses in proportion to its mag nitude. nunambered among the things that are not. The I believe in the Grecian States, in their repubhicara elective franchise is not only tie arch of our own, and days, a violation of the elective frianthise was pun-'very other repubhc, and the main pillar of the tem- ished by death.' It was also a penal offence for a. ple of liberty, but it is the rule'by which freedom is citizen of one State to vote in, or meddle with, the inmeasured; for, just in proportion to the execise of stitutions of another. SachE an offence was looked ~ —he elective franchise, so are any people free and upon and punished as treason. It is so, and is and -sovereign. Freedomta and tho elective franchise are i has been considered so, in every republic. An abuso~ synonomous termis and hm:tdmaidens. The one hlas of the elective franchise is a violation of a funda.no abiding-place without the other. They walk menta[ principle of the goverament, and an attempt.hand in Ihand together; they live togetlher; they die i to overthrow the government itself. No institution... hedtler. The fi'aets- of' our goveO'nmrvet we cc should be guarded with such jeoJoaus car'e s thSb

Page  3 3 of the elective franchise; for the overthrow of all give their votes, which day shal be the same others put togcether, would not so much endanger throughout the United States." our liberties. It is the highest duty that every citi- And these, sir, are the constitutional authorities zen owes to himself, to his country, to the memory for the passage of the bill now under consideration. of his ancestors, to their blood and treasure spilled There never was a time,' nor will there ever be a and expended in the great revolution by which we time, when it will be more proper for Congress to were redeemed; and, above all, to those who are to interfere and assert its constitutional authority in come after him, to preserve this franchise in itA this matter than at this time. pristine purity, and to transmit it unsullied to pos It would seem, with the knowledge which we';erity. possess of the wholesale frauds and unvarnished My next object is to show that the elective fran- treason that were practised in 1838 and'40, that it is dlise has been basely violated, and the ballot-box an imperious duty; which we owe to our situation, most corruptly abused. If I can do that, I will have to the country, hnd the oath we have taken, to pass slown good reasons wbhy this bill should pass, or some law which will arrest a repetition of such soine other one that will prevent such abuse and fiauds. I would be excusable in the mere assertion s,such corruption hereafter., of the frauds upon the ballot-box, and violation of I have stated that our constitutions and lavws have the elective franchise, practised in the elections of' defined the manner in which the elective frinchise those years,,s well are they known, and so firmly shall be used, as well as who shall be entitled to are they fixed in the convic.tions of this wide-spread its exercise; and the same rules prohibit its use in community; but I have promised proofts and exany other way than those prescribed, and by any posts, so I proceeed'to present some of them. I say' other persons than those designated. For this pur- some of them, for I have neither time nor space to pose, electo'ln precincts are established in every to give even those I have m:nore than a bird's-eye county in every State in the Union. By the wis- glance, nor have I had time or opportunity to collect dom of our law-makels, those precincts are small; -the one-thousandth part. they have also provided for the appointment of a I hold in my hand a book. It is the joirnal of an class of officers called judges of election, whose duty investigating committee raised and authorized by it is to know of themselves, or by infolrmation, all the legislature of Ohio to investigate a contest bepersons who are or are not entitled to the use of tweenJ. C. Wright, contestor, anti G. W. Holrmes, the elective fraDnchise. Tlhejudges are sworn to rie- contestee, (all of the county of Hanmilton,) who were ceive no vote froil the hand of any one not entitled candidates for the Ohio Senate at the annual eleetion to a vote within the precinct, and' to reject all votes of 1840-the former as rank a blue-llght federal fi'om persons living without the precinct, whether whig as ever justified. the Hartford convenrtion, or citizens of the State or tie United States, or not. The worshipped a coon; the latter as pure and as firni object of those provisions and guards is to secure a locofoco anti-balnk Jeffersonian democrat as ever -the elective franchise fiomn albuse. Our constitutions bore the name, or "skinnled a Ioost;)" both clever and laws have peculiarly gtuarded the States from fellows, aild highly respectable citizens in every perinterference with each other in relation to the sonal and private sense. Holmes was the successful privilege or the abuse of the ballot-box; and candidate; Wright contested his seat; and this book all elections are declared void which are vitiated contains the evidence disclosed by the contest. It is by illegal votes-whether by illegal votes from the a large book; it contains four hundred and twenty hand of those who have no right to vote, or0, having pages; and every page, fhom the title-page to the a right to vote, vote in the precinct, county, or State, last page, is crowded in close lines and small type, otlier than that designated as the proper place to with evidence of the basest frauds on the elective -vote. It is noamy purpose to show that the elective franchise. Well as the frauds of 1840 are under-' franchise has been violated in all the particulars whichI stood, this book discloses frauds beyond suspicion, h Isave mentioned, but more especially by personsl and almost beyond comprehension. Did I votina in States, counties, and precincts in which not owe it to mly conscience, to my they hlad no right to vote, and in violation of ex- country, and to my office, and this con-0 press laws regulattino' elections, and deflnini thle stitution, which I have bound mysell. with upprivileges of elections; and it is to prevent a repeti- lifted hand, and in presence of my God, to suption of such violations hereafter, and in all time, that port,-for the honor of my country, andl for the I have introduced this bill. It would seem that the character of our republican institutions at home and framn-ers of the federal constitution had a presenti- abroad, I could wish this book, and all such evidence meilt of the possibility of the abuse of the elective of frauds practised in that llemorable 1840, were franchise, in the very manner and by the very means among the things that tever were. But the evidence by which it has been violated: hence they reserved is here in books; it has a place in the knowledge the means to the federal Congress of preventing and recollection of the people in this country; and such an evil. it is matter of taunt and boast in other cou-ntries. I hold in my lanrl the constitution of the United So, our best plan is to use it, and expose it, to pre —States. The fourth section of the first article reads vent a repetition of such frauds. Sir, i liave evimshss: dence indisputable that not less than seven hundred "'Tlie times, places, andil manner of holding elec- voters were imported into the single county of'Ham..ons for sen ators acd representeatives shall be ilton, at the election of 1840,'to defeat the demsoriobeds i each Staor te by trepr esentatives sha ll te pe- cratic ticket by a regular, organized system of swinscribed in each State by the legislature thereof, but dling and pipelaying. A part of the evidence is. the Congress amay at any time, by law, make or al- colintained in the jonal to w hich have evidence i ter suds revulations, except as to the place of choos- contained in the journal to which 1 have referred; a er suc rulaions, ecept as to the place ofhoo part in the acknowledgments of those who particiang0 I ~ntors." pated in the frauds, not only as workers alsd conA part of article second, section first, reads thus: ductors of the iniquity, but as voters also; but.a "The Coneress may determine the time of choos- larger part in letters which I received from person. Dn- the electors, rd th'be day on which thaey shal resi.ding in the interior of the State of Ohiol, an'

Page  4 several other western Stab-t-letters received before Calhoun, of tiasissippi, atid myself, were in con,;erNsa. the election, informing me that arrangements were lion on the politics of the day, and during which timane, a gentleman oy the name of George Buell, of Lawrencemaking by the whigs to send voters by companies burg, came up to us in the cabin of said boat, and asked to defeat my election, and letters received after the me if I had noticed what was going on on board of the election, informing me that companies had been sent, boat. I answered that I did not kntow of anything strange. He had voted, and boasted of having done theic pnct to then asked me if I had not observed a man paying off aen ot, had voted, and boasted of having done their part to the boat ever since she had left the shore. I answered I had, defeat "buily JDuncetn." I have said that I lave beforeeshelrft and since. Heaskedmneif I knew whatit meant. neither tine nor space to display but a small part I told him I supposed that it was an individual who had been of this mass of evidence. I can only present one to Cincinnati to engage hands to go on the Green river locks. of te most glaringiterms, and merely a iee immediately informed me that it was a man payinr off perof the most glang itoms, and merely all ude for going to Cincinnati to vote for Pendleton. I said to to the balance. Pipelayers flocked from other dis- him, itcan'tbe possible.. iereplied, comewith me,antd [will trict, and other States-some on foot, some on horse- prove it to you, or I will satisfy you, I do not recollect whilch. back, some on nmules7 by wagon-loads, by stage- tie then started, as well as I recollect, towards the crowd, when. sae they were assembled at or near one end of the cabin of eaid loads, and by steamboat-loads. My time w;ill only boat. I called or spoke to him to stol, which he did. 1 then repermit me to notice the stenmboat-loads. I will ask maked to him (Buell] and Mr, Calhoun, and requested them to the clerk to read the follnowing deposition. The be cautious, and we would find them out. About this time the tc clerk o ea hefoloeiad: dp ito.T crowd appeared to move forwartd, and assemble again on the ~~~~~~~~clerk read: ~boiler deck, in front of the cabin. We three then proceeded 7.-DEPOSI' iO OF JEFRSON PEAI near the crowd. I went ut in thecrowd, and observed one maist sitting on the railing of the boat, and some ren or fifteen around In the matter of the contested election, where the seat of him; the one sitting seemed to be making calculations; and he George W. Holmes, in the Senate of the State of Ohio, is con- asked one of the men how much did they owe him, or how ouch tested by an elector of IHanamilton county, the said George W. was his bill: he replied, Sunday, Monday, Tuesday, and WedH1olmes appeared by his attorney, Thomas J. Henderson. atthe nestlay. The man remarked, tiat was making the ca'cula. clerk's office of the Gallatin circuit' court. in the town of War. tion, that he ought. not to chare for Sunday, as he could not saw, county of Gallatin,State of Kentucky, on the second day makeanythirng in Louisville on Sunday. tIe remarked that he of Dtecember, 1810, agreeably to tIe annesed notice. anld ad e was tohave a dollar per day for every tay Surnday inciuded, 3ourned over until to-morrow aoringi: December 3, 1840, as and board in the city of Cincinnati. Just at that tino.e the man endorsed on said notice. sitting down observed me looking on; and some individual who Drcesin a3, 1840. stood by holding a sheet of paper in his hand, with a large wIe Peak, a wit anumbersof names (n the same: and the individual who sat otn Met purstaut to atjournment, when Jefersoneakra w. tlre rail observing me looking on the same, he immediately ness, produced on the part of said George W. Holmes, who s natch ed the paper in the other wans [and, and tore the samem Ibeing duly caut~ioned and sworn, deposes and says: snatched the paper in the tbet man a brand, antitore tire sate being dutly cautioned adswornin two: and remiarked, at the same tine, by GCd he did nor Question. by Thos. J. Henderson, attorney for George BV. want every man to see that paper. Heolmaes.-Pleaae to state if you know of aiy person or persons The whole covowd then moved their stand to near the wheeltaken to Cincinnati to vote at the State election held on the house; and there. as before, appeared to proceed to settle witll 13th of October last; and if you know any thing about it, state divers indivtduals. They seemed to come up from the deck of all you know in relation to them? said boat into the cabit it crowds of from 10 to i5 in number; Answer by Deponent.-I went on'board the steamboat Mail, and after they got through settling, and a portion of Ilrerh reat this,place, on the night previous to the State election in ceivieg their money, they would disperse and go below, and Ohio, for Lawrenceburg, Indiana, on business for Messrs. another crw d come sp, They continued in this way, think, Peake and Roberds, of this place. On going aboard, I found until about one o'clock, p. ns, of said day; during which time I the boat so ituch crowded, that there was no possible chtance did not fully satisfy myself about the matter. for sleep, either on the floor, or in a state-room or berth. As I then went to the clerk of the boat, who was at that timne a. there were so many persons on board, over and above places for stranger to me; I asked him how many men were' there on sleep, including the floor, myself, with a number of others, hoard that had been carried to Cincinnati to vote. Ile laughed, were compelled to sit up'all night, or tearly so. I did get to and remarked that he did not krnow.. I askedt himn who settled 1'I down a short time before day by occupying another man's for their passage. lie pointed out to me a man, rather an elder,place on the floor, which he had just left. ly lookring man: I afterward found out his name to be Willianm During the night on our way up, nearly all the conversation Stewart, ftom himself. I asked the clerk of the boat if he had seemed to bein relation to the Ohio election, that was to take a list of their names. Hle said yes; there lay a paper on his [lace on the next day; and a great portion of the passengers desk, I asked if that was the one. He said it was. I then that I saw that night did not have the appearance that cabin took it in by hand, and then!aid it dowut again, asI t horught it passengers usually have, though I did not see anythinIrg like would not be prudentto open it, as I had pickred it tip ofi my all the passengers were on hoard, as I got offof said boat about own accord. I then went toseveralof thie men. asntl asedtheiiI daylight, at Lawrenceburg; and agreat portion of them were a great many questions; where they lived. They all said (that in bed when I went on board, as every place seemed to be I talked with, but two exceptions) that they were citizeens of crowded; and the greaterportion of those I saw seemed to be Louisvile, Kentucky; the other two lived in Indiana, one in more like ruffians than otherwise. And swhen the boat stop. Jeffersonville, the other in Intlianapolis. These nen aon board ped at Lawrenceburg to put me out, they sent mte ashore in of the Pike (wtth but few exceptions) seemed to be a set of ciit.. t he yawl, and I had to pass through the lower deck to get to the throats and ruffians. One of them was pointed out to me by yawl, and there appeared to be a great many persons on deck one of thie hiead officers of the boat, who observed that, while as well as in the cabin. he (the officer) was lathering his face, that fellow stole his razor. After remaining in Lawrenceburg a short time-probably And another one scas pointed out to me by a wihig passeger, one-and a half hour, I left for. Cincinnati, Ohio, on board the who obserived that he was sold under the vagrant act at St. steamboat Indiana, where.- we arrived about 10 o'clock on the Louis for six bits. I then called on an individual on board of morning of the day of the election;ir said State. Durinrg said boat, (Pikre,) who belonsged to the steamboat Mfail, by which day, in passing through the city of Cincinnati, I saw the came of Robert Edmason, a nephlew of rsine, and' ask. several advertisements sticking up in different ptlaces, purport- ed him what he was doine on the Pike, and why Ire was ing to want handstogo on the Green river locks' to work, to not on the steamboat Mail' fie observed that he had staythe number of one or two hundred hands. This advertisement ed at Cincinnati to vote, and was rthen going to his home, whicht stated that they wished all the hands that would conclude to is about six miles from Warsaw, in Kentucky. I asked him go, to be ready on the wharf on Wednesday morning, the 14th why he would vote in Ohio, or any where else, when ie welt of October, ready to go in board the mail boat, for which so much knew he was nrot old enough. Ile said hie knew that. I asked per month will be given —the amount not recollected. On my him ifhe swore to his vote. He said he was too smart fir that; arriving at the mail boat, General Pike; next morning, I saw he said when he was in Louisville that yonder man (pointing to an unusual number of persons on board said boat, General William Stewart) came to him on the wharf at Louisvitle and Pike; and also a large number on the wharf and wharf boat offered him and another rtan a dollar apiece per day, and pay opposite the said steamboat General Pike. I also saw a man their expenses to Cincrinnati and back, if they would go and vote on the wharf, with a sheet of paper in t:one hand, which ap. thewhig ticket. And after chattir! some time with said Stewpeared to contain a number of nameas, and a number of bank art, he (Edmason) said he would see him (Stewart) damned bills in the other, and seemed to be settling with a number om first, befoxe he would vote for mtoney: but that they both beasen on the wharfbefore tihe boat left., and the same mnan, with longed to the steamboat Mail, arnd weire going to Cincinnati, and the aid ofanother, continued to settle and pay a numrnber of nwen intended to vote the whig ticket. I asked Edmassn if he voted and boys, or lyouths, ont board of said boat, after she left the the whig ticket, and he said he did. i then asked the said Ed. wharf. And after we had left the city of Cincinnati, and pro. mason to give me all tbe lb amres that e kr:new that had voted., eeded down etreant. rnomela s or enght milele MrcE FI l -egag votts; to wbioh he'efuced statirI as hris tea.-son hac, ff

Page  5 le did that, they would take his life; and that he was afraid to, presence, write with his own hand, the said foregoing depo and did not wish to be bIought into any scrapes about the elec- sition. lion; that they were a set of swindlers and cutthroats, and Given under our hands and seals this3d day of December, A. woud steal tle coat off a man's back. D., i840. Some time afier dinner, for the first time, I saw the man B. TILLER, J. P. G. C. [SEAL.] (Stewart) alone, who had been, thrlough the day, sitting with the JAS. F. BLANTON, J. P. G. C. [SEAL ] mnen. It was just before we arrived at Aurora, or Rising Sun, I think the for mer; and some of the persons on boased had paint- But as I have said those firauds were not confined ed or marked on a board the whig majority n Ilamilton county to Hamilton county, they were wide spread, and and city'of Cincinnati. I stepped up to him and remarked, never can be but partially exposed. I hold in my that we soon would have a fine huzza; and in a few moments,,he persons on the shore, at the before mentioned town, saw the hand an expose of the fiauds practised in Philadelresult of the vote on the board, and raised a tremendous huzza, phia, as corrupt and as alarming as those which [I He remarked to me, at the samne tine, and said, is it not a great have partially exposed, as practised in Hamilton victory to beat such a scoundrel and villain as Duncan Ib ou. I also old int served, that I thought that the party had gone to greater lengths also old my hand the Gletwort to beat Duncan than any one of the party. He said yes; for he frauds as practised in New York, which can only be was the greatest scoundrel in the world, as well as I iecollect. equalled in infamy by those which I have named. I a, that moment laid my hand on his shoulder andi observed, The limits of a speech will not permit any.thing old fellow, if it had not have been for you, that we never would of beat them in the world. To which he replied, beat indeed! more than a mere synopsis of those fiauds. I wall:No indeed, said he, if it had not of been for the votes that I carried ask the clerk to read some extracts exposing the ao. Cincinnati. that Duncan would of beaten them to death. I more glaring abuses practised in Philadelphia. I asked him, how in the devil did you manage so as not to be will also ask the clerk ts read some short extracts of found out? What ward did they vote in? He remarked, that he divided them out, and carried seven or eight at a time, and the Glentworth frauds in New York. The clerk voted in differenlt wards, and his friends helped him, and a por- read them.' tion of them voted in the third ward. I asked him if he carried MIr. Speaker, I have nothing to say of the politias many as eighty or a hundred; and he remarked, that he car- cal crime Tied more than either; and remarked snore than once that he ca and moral depravity nvolved in holding carried more than Pendletof's majority. And, I suppose, there a seat on this floor, obtained by such means as those was eighty or a hundred -on board that day, and, probably, over disclosed by these reports, only so far as I and my ttbat number. constituents are concerned. The individuals who Stewart also informed that lre was the man that beat Merry-. wether, in Jefferson county, Kentucky, who ran, at the August it is said were returned to this House by this syselection, for a seat in the legislature ofKentucky. I asked him tem of fiaud, were Chlarles,Naylor' of Philadelphia; how he managed. He told me that he took the men from the Edward Curtis, Moses Grinnell, Ogden Hoffman, city of Louisville, and carried them to Six Mile island, and there and Jamees Monroe of New York; and N. G. Penkept them several days, and eat, dranl, and slept with them,n a Monroe of New York; and N. G. Pen until tMonday of the election, and then carried them over into dlleton of Ohio. How many naore have been returned Jefferson county, and there got them to vote, and in that way lIe I know not, nor is it my present purpose to inquire, heat Mretrywether. Ie also stated that the whigs did not treat (except as to the memler from Ohio.) Of them I leave him well at Cincinnati; for they did not give him but seventy- ot, e to spea e, it the single remark, thetpreleav fiVe dollars to pay the metn with. I asked him who gave him others to speak, with the single remark, that present that. Iie said that the Tippecanoe club gave it to him, of Cin- honor gained by- such frauds and treason will be future cinnati. AndI he remarked, that he had paid out ten dollars of infamy and contempt. But I repeat, that I have his own moIey, and that he could not pay them off until h3 got something to say-of these frauds as connected with to LouisvilIe. I asked him if they w.ere a making any noise about their pay, and hesaid no; thathe had justbeen below and those I have the honor to represent. The people treated themrtoo adollar's worth of drink. He also stated that he of the first congressional district of Ohio had no never sat until they eat. He also started that they eat in the cab- representative in the lth Congress of their- choice. in, and part of them slept in the cabin and part on deck. lHe taold tne that he knew how niany men it would take, and they N. G. Pendleton, esq. of Cincinnati, bore the gover-'were determined to have them. I noticed, at dinner, when the nor's certificate, with the broad seal of Ohio; and by men came to the table, that it was easy to distinguish thenm virtue of that certificate and broad seal he appeared and fron the rest of the passengers, or, that is, the most of them. took his seat here: but he was no representative Ar. Shephard of this place, the editor of the Warsaw Patriot, a decided whig paper, and as much so as any in the State, was of the people of the district which the broad seal on bo. id, and I called on him to notice the nmen, and called his represented him to be. He was the representative attention to a great many of the circumstances herein detailed. of a minority of the people of the first congressional And I do further state, that I went to the house where Shepo district of Ohio, and p piano thieves, ad cut<oets hard stopped, with an officer, onr this day, for the purpose of t of hio, and ruffians, thieves, and cut-thloats bringino said Shephard before the justice for the purpose of of Kentucky, and of other States and counties taking hIis deposition, but he could not be found. without the district of hisi residence; and if Mr. PenThe said Stewart informed rne that he would have no difficulty dleton held a seat her, knowing those facts, he in getting the money on his arrival at Louisville. I asked him a ose facts, he if they did pay him well for his trouble. Ile said he did not held it irn the guilt of treason and in the crime of charge anything, only his money back; that what he done he perjury. He may not have known them, thoug.h. one free oi'charge. I asked him how mlany went up on the steam every body else in the world beside knew then?. boat Mail; I think he told me be.tween eighty and one hundred. X asked him who hadl charge of those on thIe tKail, and he in-.r. Pendleton, in all the frauds, perjuries bibertes formed tne that Russell had; andI think he said Captain Rus- and treasons which characterized the elections of sell. I asked hibt) ifthey swore the mner that lhe carried up to 1840, all over the' Urnion, but more especially in the vote, and lie told me nearly all of thenm. tIe told me that he Olio first congressional district, may have been a told tihes, when they camen on board the boat at Louisville, what they should have if they voted, and if they did not vote, political autonaiton, or mere man-machine, and, like they well knew iwhat; they would get. And further this depo- Balaanm's ass, moved merely as he was kicked into rFntEsaPthE not. passive action and obedience. If so, he must be JEFFERSON PEAK. discharged from any imputation of immorality or SworS to and subscribed before us, this 3d (lay of December, crime, and the charge placed to his stupidity. I H3. TILLER, J. P. G. C undertake to say there was not one dollar short of B. TILLER, J. P. G. C. JAS. F. BLANTON, J. P. G. C. fifty thousand expended in and out of Hamilton Crato;lenetalh of lKeretcky, Gaflattf coun rty, setcounty, to secure the election of the whig candidate The foregoing dep:osition of Jefferson Peak was this day taken, of that district; and no man who has a character for slbscribed, and sworn to by the said Jefferson Peak before the truth and veracity, and who wishes to maintain that Undersigned, two of the Commonwealth justices te peace character withinl and for the county of Gallatin, State of Kentucky, at the character and who s acquainted with the circu ta time and place, and for the purpose stated in the caption there. of, and the notice hereunto annexed. The said Jefferson Peak'The Philadeiphia and New York msud.s are not inserted being duly sworn, and the question propounded, did, in our fbr wait ofroom

Page  6 ees, will undertake to deny that assertion. That sions we draw from the evidence of things not seen vast sum was expended in consummation of the and are irresistible. Faith and belief are not cofrauds which you have seen and heard disclosed. trolled by the will, hence the maxim, "'we are boemd Mr. Pendleton may not have advanced one dollar, to believe." So it is with those who witnessed the nor one mill, of all that sum. Though one of the election frauds of 1840, in Hamilton county, to serichest men in the city of Cincinnati, or the State of cure the certificate of election to Mr. Pehdleton. Ohio, himself, and more immediately interested than They are bound, irresistibly, to believe that he had all others, he may not have advanced one dollar to some hand in them, and consequently guilty to the secure his3 own election, which was secured by a same extent of the moral and political crimes which system of swindling which no agency but money I have attached to him, or any one holding a seat would have secured, and no'sum less than that which here under such circumstances. I h nave named would have been sufficient; yet, I Let no one charge me with taking advantage of repeat, he may not have advanced one dollar for parliamentary privilege, or of the high mountains, such an infamous purpose, to secure such an infa- broad valleys, and wide rivers which seven hundred mous end. The liberality of his federal party miles distance interposes between me and Mr. Penfriends, in their zeal to overthrow the democratic dleton and his friends. I have taken no such adparty, and to defeat the democratic candidate, may vantage. I hold myself responsible in my individual have done all without his knowledge, and without capacity for all I say here or elsewhere, whether:in his pecuniary assistance. ~ That position is hard to a private or representative capacity; and moreoaver, believe. Mr. Pendleton was in the centre of all I repeatedly, and to assembled hundreds, and ashe cavalcades, coon conventions, and drunken orgies seombled thousands, in every part of Hamilton counwhich disgraced Hamilton county, demoralized so- ty, and within hearing of Mr. Pendleton's door, (if ciety, and debased the character of civilized man; not in his presence, it was because he would not and it is difficult to believe (and almost irreconcila- come to hear mie,) made all the charges, and in as bly so) that he could have known nothing of the strong terms, and with similar language as I am ino w fraudsand the mleans by which his election was to doing, both against Mr. Pendleton and his active'be secured. partisans; and I shall continue to do so at home and Mr. Pendleton is in a dilemma; he may hang to elsewhere, so long as the crimes, frauds, briberies,treawhich horn he pleases,' or on whichever his friends sons, and corruptions of 1840 shall stick to his and please to hang him. He must either stand charged their skirts, and cover their entire carcasses. I featr ~withl jeckassical stupidity,, which, if true, rendered no accountability; 1 sp.eak nothing but the truth; i' him unfit for a seat in. this hall, as the representative have the ability to maintain it. My constituents exof ally party, or anybody, even the cut-throats, pect me to speak the truth, and the whole truth, and thieves, and rutffians of Kentucky; or, on the other they know I will speak it so as to be understood. hand,'f he kniew of, and participated in, the frauds No speech or saying of mine shall ever lose force, if by -witch ine was elected, or gave countenance to it have any, from want of strong language; I. like to thflem, oi aided them by pecuniary means, he was call things by their proper nanies. u- n. t hold,a place hlee or elsew:ere, except on Mr. Speaker, I was as much the legal andl constithe gibbet, due to the traitor, or in a cell within the tutional -epreseintative of the people of the first congloomay walls of a penitentiary, due to perjury. -I gressional district in the 27th Congress as I am of invent nothing; I have presented the evidence as it this. I was elected in 1840 by a majority of more came to vme-as I received it from the highest tribu- than five hundred of the legal voters of that district, nalin our State. I draw no other conclusions than and yet the returns showed a majority against me every person, bound and goversed by correct prin- of one hundred and sixty votes, such were ciples of morality and patriotism, must draw. For the numbers of imported voters-such the nummnyself, I declare, in presence of my Maker and this ber of pipelayers, such the frauds. This assembly, to whom I am responsible here, and to statement may be called bold; if so, thllee is whom I must anaswer hereafter for every idle and not an intelligent and true democrat in Hamilton profane wolrd spoken, that I know of no crime or county, but what will make or endorse it. I make crimes in my State which would consign me, hand- it as well from a conscientious belief, as a knowlcuffed and shackled, to the penitentiary and to eter- edge of its truth. This knowledge and belief, withnal infamy, in the commission of which I would me, is founded on facts that came under my own'feel more degraded in the estimation of man, more knowledge and observation-on the facts which wounded in my own conscience, and more offensive this journal discloses, a small part of which has before God, than those by which I believe Mr. been read to you-on the fact that, prior to the day Pendleton held a seat in this hall. I mean the of election, several of the wards in the city of Cincrimes of bribery and treason by which his certifi- cinnati were polled; every whig and democratic cate was purchased, and the perjury which was corn- voter having a right to vote was counted by a mitted in the oath which he took at the threshold of committee for that purpose; and in every ward. his representative duties, to support the constitution, which was polled, the ballot-box showed the demowhich constitution he violated by taking his seat cratic vote to be almost precisely what the poll had. here, and which he continued to violate every min- shown it; but in every ward the ballot-box showed ute-every moment-while he occupied it. Still, of an increase of whig votes, over that polled, from fifty all this, I repeat, Mr. Pendleton may have been in- to two hundred and fifty. In 1840, there were but few nocent. It is not for me to judge, nor do I feel at changes in Hamilton county: some who acted with liberty to judge. Human judgment, I suppose, it a the democratic party turned to the whig side; voluntary act, and the power under our control; or some who had acted with the whigs turned to tile awhy should the Supreme Judge of the universe democratic side. I believe the majority of changes have ordered us to "judge not lest ye be judged." were in favor of the democracy. But little was Knowledge is founded on the evidence of things gained to either party by changes. But I ask your seen, and therefore is not to be controlled by either attention to another fact in support of this assertion, the mind or the will. Faith and belief are conclu- and that is this-that in the last congressional con

Page  7 teat, the demrocratic majority was oneo thousand and and p-atioariO6, and in tLe cormirnsson of treasoi, fourteen; and yei, owing to the absence of the ex- bribery, and perjury, they should be, and will be citement necessary to bring out the democratic worn as a mark of disgrace and infamy. I leaver voters, the aggregate democratic vote was near one Mr. Pendleton and his Kentucky cut-throat rufiSan thousand less than it was in 1840, though in that and thieving constituents to decide the question. year th'democracy were defeated one hundred and Mr. Speaker, it is a divine truth, and is resixty votes; all of which shows, most conclusively, garded as a maxim far and wide as civilized society, that. the whig ticket in 1840 was carried by the im- that "evil should iot be done that good neay come ofit.' portation of foreign voters, to the numfiber of more When the moral part of the comnimunity in 184k re. than seven hundred, in violation of the constitution, monstrated against the means which wece resorted the election laws, the people's rights, and the dec- to by'the federal party to overthrow the democracy,. tire franchise. And if there wiere io other frauds the universal aniswer wenas, that "'the end ja'stiies th.disclosed in that shamefil, reck!ess, and villanous mean.. " ow, sir, I wvish to say something about campaign of 1840, those alone are suofitient to im- the means that were used, and the end effected by pose upon us the duty of passing this bill into a the means; and I think I will be able to howa t ha.la'; but I repeat, ithat have no tirae to expose the the end was worthy of the means, and the means wide-spread corruptions of that election, alike in worthy of the end, and that they were both worithy their tendencies fatal to the morals of society, as of each other. destructive to the free institutions of our country. This government mis been:in exi stenc. someth'n: I have been asked a thousand tnimes, by letter and more than half a eentiury under its p resert organiotherwise, by those who were made acquainted with zation. There are members in this House -who are time friauds practised in Hainmlitonr county, why I did seniors of this governaent. FPor forty years of its not appear here, and contest. Mr. Pendleton's seat. whole existence it lhas been under democratic a& There were two reasons, either'of which was suffi- ministration; and although it has, for the balance cient in itself: First, lwas too proud to do it. Sece- of the time, and at two diPieract tiies, been frostbitteui ond, my constituents were too proud to permit me and withered Sby federal administration, yet its prog to do it. Iwas too proud to ask redress at the hands ress has been on-ward onward. Fronm the time of its of a whig House, whose hatred for me I knew- only crmmneencement, up to 1840 inclusive, it presented a to be commensurate w:ith my hatred for them. I progress in civilization which can challenge the hisspeak politically. wI as too proud to ask an inves- tory of nations, literature, philosophy, agriculturtigation at the lhands of a whi5g [ouse, who I mechanics, and general science, and ev ery inip-oveknew possessed neither the miagnannimity, eneros- meat thalt characterizes civilized man, had advanced ity, or justice to do that which the most indisputa- with a rapidity of' which the history oc the world ble evidence should have demanded. I was too shows no example. T'he progress of comiveice% proud to appear before a jury for the redress of a science, literature, and refinement, of the republics'wrong and a violence, many of iwhonm I knew were of Carfitge, of Greece, and of Rome, has employed the very inventera and workers of that very organ- a thousand pens, and has been sung by ten thouized system of saxindling by which that wronog Sid san d tongises, in description aild praise. Th'le same -ihat violence asere e efcted. I was too proud to ask progress and advancement of the European governany favor, or even justice, at the i hands of my en- meats have exhausted eulogy, and almost conemies; and I wa's too proud to apply to a Hause for founded axonider; and yet the advancement of the the redress of a violence knoxing, as I did, that republic of' the United States, in every characteristic nore than one-half of its members held their seats of civilization, human happiness, and national greatby virtue of the samne systeml of frauds by awhich I ness, has been more in half a century than theirs.was deprived of mtimne. My constituents were too Ihas been in five hundred years. The savage proud to perimit ince to ask tor the redress of a vio- w ilderness has been tamed, and the wild man lans fled. 1ence which they had the power themselves to r- The widespread and dense wildernesses that once dress, and which violence they have redressed — made the earth groan with their native growth, have though that redress would have been much more been converted iito highly cultivated farms, and noa; triumphant, could they have provoked Mr. Pendle- groan with the nich productiona of the hand of inton Lo have been the opposing candidate; but into dustry. The broad rivers which (many of them) that he was neither to be kicked mor coaxed, be- owere agitated but by the winds and the bark canoe cause (as the rude democrats said) his vanity and of tihe savage, now bear on their bosoms thousandsambition had cost him t6o much already. The of steamboats, laden with thle rich productions democrats say (and I have never heard a whig deny of happy freemen, and command the tefiipest and. it) that he paid $~0,000 for three letters of the al- defy the waaves. The canvass of our commerciat phiabet, to thIe end that he might have a title prefixed ships whitens every ocean, every sda, and every bay. to his namne. Well, I know- no reason awhy a man The American flag is displayed in every civilized msay not purchase a title in this country as well as port in the world, The face of our continent is in any other; and he may placethat title at the head checkered withs turnpikes, railroads, and canals; ourt or tail of his name, as Ihis own fancy or his taste hills are made to yield their valuable timbers, alnd may dictate. But $20,000-is a big price to pay for our mountains to give up their rich minerals. Cities, two consonants and one vowel, which, in their or- great towns, beautiful and pleasant villages, dot the der, are to be placed 1-O-N, to give them their face of time continent. Houses of worship, colleges most potent nmeaning; and that meaning may con- of science, seminaries of learning, and school-houses vey honor or disgrace. Nor does the price augment of common education, temaples of justice, as well as the honor, or diminish the disgrace. If he whlo pos- theatres of innocent amusement, adorn alnmost every sesses them procured them in an honorable w-nay, or city, town, and village, on our continent. Peace, if they have been awarded as the price of intelli- plenty, and happiness, overspread the land, and. gence, patriotism, and virtue, they are but the evi- cheerfiulness beams from every countenance. Indence of merit due to him who wears them; but if dustry is respected, industry reawarded, and industrythey hasve been purchased at the expense of iirt ire -proteted. ian this prosperous and glorious career,

Page  8 ~ttee Was bWMt o ne.iOf ohslrhct'aio —at a, a: ta w em-n-abanking system, and a shinpiaster urrency, —or, an:irresponsibe ccorporate batnking s,, tem which had brief; a system by which swindlers may plunder honest men. No othersystems would livert and deceive the people from. the polgrown up, and which mono of by-and-by, or aomc icy and stern frugality which it wasthe consant efli rt of Moses to other oceasion, at present, I Wll pass it. inculcate, and which the whole frame of govertnment favored. I repeat that all this unexampled. prosperity, this rapid ad- Iutt the corrupt politicians and demagogues rong, chage/' eancement, this magical elevation of national greatness, was change/and a portion of the people, who had gradually beconme'.coder the influence and auspicess of democratic administration corrupted withoriental pasfionsandorienttalgrandeur, permnitted::four-fifths of the existence of this government. But a strange their patriotism to he shaken. They began to titink there wasn dream came over the people. They seem to have become sa- somnething sublime in an eastern court, whiich gave character, -tited with prosperity, anid to have grown weary with happi- dignity, show, and power, to a nation, which was incompatible nessandgoodgovernment,andtheymustneedshave a "change." with a simple republican government. The rage for change Sir, I desire to dwell soame little onr that word "change."'rThe spread. They must have a court The show, the gaudy tinsel, word chanrgec has always a potent political word. It has ever the splendor and the luxuries ofa court, captivated their minds,, been the rallying word of the demagogue. Itis the yelp eo the blinded their understanding, andt vitiated their tastes. The disdisappointed ofice-sceker. It has ever been so from the com- tempered rage for a change spread more and wider. To have otncement of' civilized government. It was the cry of charge a court, they mrst havw a king —not their frugal Moses, or their,.at overthrew the first republican government that history tdivine Deliverer any longer; tut a temporal king, who could, describes —r mean the government of the Israelites. That was bestow bounties, and receive flatteries-a court, a king, milita-a republican government, from the time of the conquest of Ca- ry splendor a central power, and a strong government. Moses,:naan; and although laws were proposed to the people through and a man called Samuel, who was a successor of Moses, reMoses, yet no law was obligatory until it was received and monstrated againsta change of government, and represented, adopted by the voice or suffrage of the people. The' Almighty in the strongest possible terms, the dangers and fatal effects of was their king, but not without their choice. Ile was repeat- eastern corruptions, eastern despotism, and eastern bondage. edly elected as such by the suffrage of the people. M5oses, at. All their remonstrance was in vain; a chaznge they would though generally regarded as the Israelirish legislator, in his have; a temporal kirng they woultd have; an oriental court time was nothing more than a mediator, or medium through and a military depositism they would have; and the Almighty which the will, the wishes, and approbation of the Almighty gave rhem, in his anger-, a king, and all the rest soon follow — were communicated. ed. Saul was the first king under their new change., The Jewish government was established on those principles Ile governed well for a short time, but soon became deswhich alone can make a people happy and independent. The petic, and towards the last of his reign became insupport-.Jews were an agricultural ptople, and every man a freeholder; ably capricious. Ia was rejected, and one David wan, and such were the restrictions on the alienation of landed clhosen in his place. David was a true patriot, a sincere friiend property, that every Jew came into the world the owner of of his country, and ardently devoted to its highest interests. land, arid went out of the world the owner of land. It was a prom- The country prospered under hIis administration, though or-t inent principle of thre Jewish government to encourage agricul- ental customss, and the military spirit of the people, grew un —,tare, and to foster it above all other business or occupation; astn, tder his reign, and, with these, increased taxa!ion. Solomon. so long as that policy remained, so long it was retained in its succeeded David Ile ruled with moderation and wisdom at primirtive simplicity —thtere was no people on earth more happy first, hut, towards the end of his reign, becarre very tyrannical, tlan were the Jews. But, in the course of time, demagogues and laid heavy burdens upon his people. Oppression had aland ambitious poliricians grew up anmoag them. Thiey must ready become the reward of thieir desired etange. Itehoboan'. needs have a change. Though above all the people ott earth, succeededl Slomtn. Ile refused to lighlten the burdens of the they were not only blessed with thIe best government and the people; and this causetd a dismnemberment of the emrnpire-ten richest land, but were daily furnished by thle hand of the Al- tribes going off, under Jeroboam, and forming a separate gov-;nighty; they we re daily rereiving the bounties of his goodness: ernnrent. From this time the nation became rapidly more and sahey had beent delivered from Egyptian bondage by a miracun- more corrupt; the kings more and more despotic; the people, lous interposition of Divine Providence; and, whenhot ly plar- rore and sore enslaved: and the retult of all was the decay sued by Pharaoh and his host, they had seen Moses, by divine and ruin of the government. Let us sum up the evils of the power, smite the Arabian gulf with a rod, divide the waters, c/haroge: and roll hack the mighty waves, through which they passed I. An increase of taxation, with the increase of the military d4ry-shod, while Pharaolh and his host were drowned; when spirit; and numerous and exhausting wars, as a consequence. on their way in the parclhed wilderness, they drank pure water, 2, Tyranny and despotism in the government —maay of the which tihey had seen Nloses draw from the filinty rock by a kings becoming as tyrannical as the eastern despots.:smite of his rod; whet, they ahungered in tthe wilderness, 3. A neglect of agriculture. ananna fell from heavens, of which they ate in gratitude anrid 4 Entire change in the admitrable agrarian laws of Moses. solemn lhankrs; —all these thrings wore fresh in their eealier- 5, Ultimate ruin, and subjection oi the nation to a foreign don when they first attempted a chuasge; and that change was yoke.,o desert the standlard of Moses, and the Almighty's protection, And this, sir, was the career of tbhe Israelites; and this the and betake themselves to Aaron, and erect a goldena calf, and ruin brought unpon them by that fatal wrird change, invented, beetow on it the divine honors which were due to Itim ewho had introduced, and rung by demagognues and corrupt politicians,,delivered them from bondage, and fed them in the wilderness: who have been the overthrow andr downfall of every republic. that was the first change. The nmotives of the Jews in that I have no time to trace up the histories of republics, or firee,change were ofa character wilh those which moved a majori- governments, and expose the fataleffdcts of that word change.'y oftheAmericanr people in 1840, when they deserted the dem- If I had, I could iefer you to the wortd change. which was nevocatic anrndiard and betook themselves to whigery. They er out of the mouth of Hanno, by which he embnarrassed the were wont to erect a al;f, toot-not a calf to be made of gold, correct action of the senate of Carthage, and poisoned thle minds lint one to be made of shinplasters; a kind of ras-tag and bob of' the people; and by whiclh he embarrassed the movements of ail calf-a calf to be made with rags and lamp-black, worthy Ilannibal, at the very time hd was shaking the walls of Rome; ofa rag-heron aristocracy. lBut John Tyler knocked that call' and by which he succeeded in effecting the recall of Ilannibal, ott hoheheadt, thank God, as Moses did Aaron's; for when he and, with his recall, the destruction of the last hope of ever'Moses) retunred frounm thIe mnouin, hi rlencolisledl Aarons calf, corquoning R ome; and by which, too, be and his kindred spirits and reconciled the Almighty witnl the Jevws, whiose wrath had succeeded in overthrowing the republic of Carthage, and makbeen kinrdled against their for their idolatry. ing her the prey to Roman cosquest. But ere long corrupt politicians again sprans uip, and denaun. I could, also, refer to the demagogues and corrapt and bribed{ teed the government as weak and imbecile. Denmagogues arid politicians of Greece, who, with their pockets full of Persiant boafcrs multiplied, who, (in that country as in this, and every gold, and their mouths filled with change, lard the foundation othier,) too ltazy to wortk and too proud to beg, determined to fbr the overthrow of her republics. It was the same fatal live on the labor of others. Not content with that wise and word, in the brawling mouths of corrupt -politicians, that subetuitaible system of government which distributed justiceand verted the Roman republic; and the same word, after the over.. eqjualiy to all, ainid made every Jew a constitnuentpart oftlie throw of the republic, placed one vile despot after another on govexnment-made every Jew a landholder and a fireemarn;- the throne, each vile despot viler and more despotic than his not content with that policy which made the Jews an agi icul- predlecessor, until the people of Rome, from being thie freest tural people, (for whiclh they were peculiarly fitted, and to people on earth, became the greatest slaves on ear:h, and unwhich their couniry wias, peculiarly'adapter,) they sought to;il, too, it was finally overthrrwn. The overthrow of all those **stablish systems of inequality; to divert thIe public attention republics was brought about by the word change in the moutha: _iroma the humble, punctual, and firugal-though honorable- of corrupt politicians, hired demagogues, anor pensioned liars, purruits of agriculture; and to adopt a system more in accord precisely such as ovemr.-ad tour country in 1840. and by aencs with oriental grandeur: to this end, privileged orders and whose means the democracy were overthrown. Tes, sir5 irresponsible institutions must be established-something like overthrown by pensioned liars, hired demagogues, cortie trolic.v soahai tobe establishted in our country, which has rupt and bribed politicians, whose incessant cry was oar its object the oppression of the many to enhance the icter. change.' change change.' The word change was neverstst of the fe'ae —i mean r tpoteetive-to. Tiff syste.m-n. credit ys-. p termitted to die on the ear. Well, the change was ef-.

Page  9 lecteld, The democrati party was overthrown. A democrat- sUore to be called in as aui'iaries. So it was irn the election o:(: ic candidate for the presidency was defeated in his re-election 1840-to falsehood as a means, slander, detraction, perejura -one who had administered the government on as pure prin- bribery, and treason, were called in; and the whole, united, ~iples as it ever had been administered or ever will be admin. constituted a Dart of the means by which the federalists were( istered —orne who had sustained our free institutions, the consti- too successful But, in addition to falsehood, and a-l its vile' tution, and the nation's hotror, with an ability and a wisdom and unworthy associates, there were other means used, esually which never has been suriassed since the formation of our degrading to the American character, anid the Ametican nation; government —a rran who was and is alike d:stinguished for all of whceh I shall treat in their order. And first of the falses.he purity of his morals as for his ialents as a statesman; dis- hoods-wholesale falsehoods I deal in-wholesale and general tinguished alike for his firmness as for his attachment to demo- whig falsehoods I begin withsNo. 1. It was said the administracratic principles and the support of democratic institutions; tion of. Mr. Van Buren was an extravagant, a wasteful, and a alike distideguisled for the qualities of his head as for the good- corrupt administration. To put a direct contradiction upon hess of his heart; with a moral reputation which even the sirocco this triple falsehood, I will submit statistics; and in order tha~ breath of slander dare not approach. Such was the man whose I may be read with greater ease, I will nmake them as brief as election was deleated by ihat potent word chasige, and its accom possible; anid in order to illustrate, t will compare.figureswith panying means. Yes, sir, the accompanying means; I must have the expeinditures of this administration that promised such rosomething to say about the accompanying.?ieans, in connex- Iorm. ioni with the word chatge. And what were they2 Ahl sir, The appropriations which supplied the first year of Mr. Vat could they be blotted lfom the recollection of man, and could Buren's administration, were made under the last year of Gen. ~hehistory' that records them be annihilated, what friend to Jacksot's atdministration; and of them I will say nothing. The his country —whlat man or patriot, jealous of the honor and the amount expended in the firetyear of Mr. Van Buren's adminisreputation of his country and the American character, would tration, which was the year 1837, was. - 31,610,00 wish to revive their recollection? But to the disgrace of this Second year, 1838, 31,544,. people, and to the dishonor of our republican institutions, here Third year, 1839, - - 25,443,716 and elsewlhere, they live in memory-they live in history, and Fourth year, 1SO - - 22,389,35 will live after all who now live will have returned to dust. They will live when time shall have crumbled the marble col- Tot l. 10997.471. umns that support the dome of this hall; even then, the drunken orgies wihich disgraced the electione of 1840 will be classed with the aggiegate amount of rithe expenditures of Mr. Van Burene' the drunken ofgies which disgraced all Greece in the worship administration. I say aggregate amount; I mean by that *he ofBacchus; fresh, then, will the disgracefulscenes of 1840be ordinary and extraortlinary expenditures; I mean by the ordiin history, as the bacchanalian feasts are now. So we cannot nary expenditures, the civil and diplomatic expenditures, as hide them; knowing themi as we do,and known as they are, we well as the ordinary expenditures for the army and navy, Inmay better serve our country by exposiang them. dian annuities, and interest on the funded or District debt-all of: 1 desire to tax your time a few moments while I make a which are ordinary, because they are of yearly occurrence, few comnients on truth —fr I regarid it as the highest virtue whether we are in peace or in war. They are incidental to the, of any peop'e, whether in a national, or in an individual army, to the navy, and to our funded debts. I mean by the expoint of view. In the language of another, truth is a light fiom traorlinary expenditures, those which occurred in consequence on high. It is almost the only thing on earth which is worth of the border difficulties; the public bui14ings, the Creek Indian the research and care of man. It is the light of our mind; it war, the Florida war, the removal of Indians across the ai8jssis should be the rule and the guide of our heart, as itis the founda. sippi, and their settlement in agriculture, &c.-all of which tion of our hopes, and the coinmfirt of our fears. It is the al!et were extraordinary e:penditures, nearly all of which had their viating balm of our evils, and the true remedy of all our trou- beginning, and nearly all of which had their end, in Mr. Van huo. bles and misfortunes. Ir is the source of good; and the horror ren's administration. 1 will exhibit the amount of those e.of bad conscience; it is the secret punisher of vice, and the traordinary expenditures, as well their several as their aggreeverlasting reward of virimte. I ismm ortalizes throse who pra- gate amount. i will separate them fioom the ordinary expends., tise it; it dignifies the chains, and makes supportable the dark tures. and show the difference. I will then compare the oriliand gloomy dungeon of those who siifer for it; and it brings and nary expenditures under Mr. Van Buren's administration, with perpetuates public praise and tub!ic honors upon the memo- the ordinary expenditures of this whig-reforni-economical ad.. ties of those who have been its defenders and its martyrs. It ministration, and exhibit the difference, and make it so plain makes respectable the humility and the ploverty of those who that every democratic boy of Israel shall be able to overthrow have sacrificed allin its pursuit and its sulpport. It inspires any whii of Gathl, or of the Philistine tribe, though he be as magnanimity of thought, and forms heroic souls, of which this big as Goliab. world is unworthy. It has made every sage and every hero The amount expended for the Florida war within the te mm that the world has ever produced, worithy of the name. How of Mr. Van Buren's administrationtogetherwithlthe Creekewara, sanfortunate that it was it was not better known and more was, as reports show - 38000,000 highly appreciated by the whigs at all tinmes, bit more especial- The amount expended on behalf of all our border ly in the political campaign of IS40! But, to form a true esti- difficulties.... 50,000 mate of its exal ed meiits,i we must contrast it with its antago- Amount for removal of Indians across the Missis. hist prisicipe-falsehood; which, of all vices, is the miost de- sippi, and their settlement- e 3,2n1,3:i grading and degraded. It sinks those who practise it, in the es- Amount. expended on the public building_, viz: timation of God and the virtuous world, below the brute; and Amount on the treasury building -. 400 000 confirms the end, the iuin, aind the disg-race. it is souglit to avoid. Do do post effice do - 400,000 All the_. principles and effects, whether of truth or lalsehood, ho do patent office do - 400,300 may be applied in an individual and private sense; but how much more estimable is truth when applietd in a national sense? The aggregate of which is 42,96t,315 and how much more disgusting and horrible is falsehood when viewed in a national sense, or used to deceive a nation? A falsehood is a misr presen tation of a fact or thingy, for the purpose Deduct thuis asgregale from the expenditures for I ~~~~~~the entisre, ad ministrationh of Mr. V'an Buren I. 10,97,4y'i of deception. Afalsehood works two evils-a crime on the part th ire adminisration ofMr. Van uren 0,99747 of him whto attempts to deceive, and an injuryon the part of him An~o i deeivd.td we have.he sumof 6.036,'-56 hetio is deceived. If an individual makes a unisreprentation, not knowing it to be suich, he is guilty of no falsehood in the moral sense, and is guilty of no wrong except the injury to him whe'lits we find to hbe the entire amount expended in Mr. Van is deceived. So, too, it an individual relate a falsehood,amd it Buren's adminisuration for its full term, for the ordinary snpfails to deceive the individual intended to be deceived, either port of the army, navy, and the government, civil and dipio.firom the improbability of the thing intended to be misrepre. matic. senoed, or from the known character of the misrepresentor as I now exhibit the expenditures of the first two years ofthis a liar,-in that case, the misrepresentation fails of its object, Philistine whig administration.-whliig in the Senate —whig iti and no injury is done; but the moral turpitude of thefalsehiood the Hotise —whig all over, with the entire control of the gov.. is undiminished. The failure to accomplish a crims, does not er oment in their hands, so far as the appropriating p"wer diminish the crime involved in the intention and effort to com. was concerned; and I have no expenditures to exhibit bon mitit So, too, is a falsehood criminal in proportion to the in- those which I have called ordinary in Mr. Van Buren's adjury which its misrepresentation may effect. If it deceives a ministration; for there has been no Florida war, no Indians to nation, it is criminal in its effects and design, in proportion to rem.ove, no border difficulties except what were settled by negothe magnitude of the nation and the extent or the evil. Now, tuation, nor any public buildings, except some small finishing sir, I chare falsehood as one of the means used by the federal expenditures; and what do you thintk they are, sir? I hold in party in 1840 to overthrow the democracy, and to defeat the my hand House document No. 62, prepared by awhig oa, cer ot'election of Mr. Van Buren, and every democratic candidate that this House: of course it i's good authority against whig profnit was defeated. But when falsehood is substituted for truth to gacy. Here is the document. Iis a pamphlet; it isall cover — effect, an object, every other means-however criminal, how- ed with figures, and every figure counts tens, hundreds, thet;.evey mean, however detestable, and however degrading-are saids, tens of thousands, b.indrede of thousa'da, millions, anti

Page  10 10 tees of millions, such ans.o mana can ntumber or detail in a And thia, sir, is the end, so far as retrenchment and reform is speech. I must describe by aagregates. I must lump the concerned,:which waq to justify the corrupt neans which were miillions. Itere they are. I expose them to the honest peo- sed to defeat the election of Mr. Van Buren, and overthrow pie, the hard handed tax payers, who were promised reform, the democratic party. The means, as I have stated-false. retrenchment; and relief from tax burdens, if they would unite hfood, and its infamous auxiliaries, corruption, bribery, treason, with the federalists to overthrow the democracy. and perjury —were to be. justified by the end; and the end is an While in power, the wings bheld three sessions in one Con- increase of the expenditure nearly double, and consequently gress. Here are he appripriations made each session: a double imposition of taxes, and double burdens on the people. For diplomatic and misce!ianeous — So much for the corrupt iseans; so much for the unFir stsession 1.,065.091 fortunate end, both worthy of each other, worthy of the Second session 4,.625,443 party who used them, and worthy of the party who have Third seseion'. 66,5,64- brought them about. I say, then, that the promises which $12,646,079 were made of reform and retrenchment were falsehoods; they eor av al service- were made for the purposes of deception, and have deceived. First 5fessio - 1.703 976 they involve the crime of falsehood, and the injury of de. Second ession - 6684.769 ception. But the sweeping, unlimited, and reckless false. Third session 9 144,733 hoods of 1840 were not confined to false promises; they were - 7,522,478 fraught with slander, detraction, and libels both of mnen and:For nliiitatyservice, including atl measures. To enumerate the falsehoods and slanders would which belowns to te tiilitary require volumes; to enumerate the slandered would be to emdepartment — brace every prominent democrat in the country, and every First session 2,274.637 measure of the then administration. It is not my purpose to Second seession 3.737.864 enter into particulars, or to deal in personalities; but there is'ls.ird se*sioto 9 0953 07 one case, and one person, that I must be permitted to speakr of — ce - 20tt 011,408 while ontthis branch of the subject. The case to which Iallude'?uarther appropr'atlions for the was the speech of Mr. BUCHANAN of the Senate; and that perravai departrment, second ad son ishonest John Dpvis of Massachusetts. tHonest John! God th.zcd seasiolrs. soi ~ 9,030,900 save the mark! Mr. BUCHIANAN, when supporting the independent treasury $58,719 887 bill, said: "The chief object was to disconnect the government from all banks; to secure the people's money from the wreck of h t,asl ittseen:3 tIlat tile ioradilary exJpelses eofthe whig reform the banking system, and to have it always ready to promote arid retrenrhtnment et m.inistration 5?r two years, (not four,) the prosperity of the country in peace, and- to defend it in war, shows tie SumT Of 5ifly-eight millions seven hundred and nine- Incidentally, however, it will do some good in checking the ex-. teeon thousantl eight hundied ant sixty seven dollars. travagatlt spirit of' speculation, which is the bane of society."s Now for tlhe cotrpari on. I lave deducted the extl-aordinary Mr. B., throtghouthis speech, from which the above extract is expenditures undder Mr. Van Buren's administration from the taken, denied that the indlependent treasury system would or osetriary, and filcd lot they weere- could have the eflect to produce the disasters upon the comriuFor the filpt year. i4,603,490 nity fwhich its enemies attributed to it. The effects attributed Fori thleseci e year 1a 537,879 were, that it would destroy the banks, break down the credit For the third ar 8.437.203 system. establish an exclusive metallic currency, reduce the For the four ear. -. e 38843 value of property and the price of labor. fie denied that the bill prssessed tihe pow.er to produce such effects; and (as all his ~MaPloftini a,; -. 42,61 3. speeche-s show).was opposed to an exclusive metallic currency ~Which is the ast aiu. of the extraordinary expenditures. If we in the then condition of the country, owing to the manner in deduct this sun fir the whole amount, (ordiiary and extra- which tie cmtnri, erci merc antile, and general interess of the ordinary expendit.ries,) tise balance will show the artnointof cflntry were interwoveit with banks, paper currency, and the ordinary expenriltuttris tuhroug1h the whole four years of inr. credit system. Nor:ttn trod -eore cautiously, or advanced witht hfan liretl's ariDlniiieitsise:! more precision, and, at the same ti me, with more firmness, in the Aagregate arso u it (:-f ol ditiart aih extraordinaiy ne.pendi. reformations that were then in progress in relation to the curtures. 10,997,471 rency, and to the control, nanagement, and disbursement of the From arhich deidect-, national revenue, than did Mr. B. The safety of the revenue, Extraordinary expelditures 42,961,315 rand its proper and secure management, without materially affecting the channels of trade and the general interests of the 68036,155 country, seemed to be his highest object-t or the truth of which ThisestitaL, sios that, throuroh this four yeats o0Mr. Van h I can safely refet to all his speeches in support of thie indett t nsr xetuiso pendent treasury plan, and all financial measures appertaining umren's administrationx the ouldinarv ext ent itu y es of the u ov- thereto. I speak knowingly; I speak from hearing his speeches ernment were sixty-eight million thir-tysix thousand one hun-when made, and reading them wen printed an yet in the face dred and fi fiylsix ef r, sile a. fedeis co-itt ad m inistration, when made, and reading them when printed; and yet. in the face a of all who heard him, and all who read his speeches, John Davis tretwo years of its time, utder a soyemn pledgi of reform and puts this argument in his mouth, viz: "It (the independent.etrencthlent, has expended fifty-eight millions seven hundred attd nineteen thouasand atend tiamyei n hundred.dollats Lt us s treasury) contains the necessary corrective [for the evils] imahdifnferteen thousand ad nine hundred dollars. Let us see putable to the pernicious influence of bank paper, as it will mount of alh ordinary expenditures under isr. check importations of foreign goods, suippress what we callthe 5an Btrenso admorinetrapion (foiur years) un 8,9361Mr 6 credit system, arid, by restoring a specie currency, reduce the From which ded(uuctr yeatrs (f our5 yewages of labor and the value of property!" And this argument, Amount of all ordinary expetaditusres under presdwhich Mr. Buchanan never conceived, (or, if he did, never exties coon adninisnartuotl (two years) 58,719,967 pressed.) constituted a part of "honest Johnesu speech, arid was h coon a isratio (twoeas) 8,79,97 heralded far and wide through the country; and was labelled and endorsed, and heralded back again, by every foul, filthy, f s10,316,189 false federal sheet in the land; and by every hired bank minThus it appears froil statistics, official and true as moral ion and corrupt demagogue in the shape of a stump speaker, reason, that the ordinary expenditlr'es of the two first years from Daniel Webster down to the most contemptible whig of this reformir asd retrenchmtent administration have been whiffet of federal minicry. I take it on nlyself to say, but $10,316,189 less than the entire four years of Mr. Van and hold myself responsible, that a more meretricious Buren's administration. But, I may be told that there were falsehood never was invented-a baser and more groundsomeextraordinary expenditures necessaty under this admin. less falsehood never entered the head or heart of any istration; what were they? The Florida war was closed when man. It was a falsehood worthy to be conceived by a vile, it came into power; at least, so near so, that there were not vitiated brain; worthy to be cherished by a corrupt heart; four hundred Semninole warriors in Florida, and they were worthy to be given birth to by a polluted and foul mouth; and fast coming in and surrendering. The boundary difficulty was worthy to be promulgated by a poisoned pen; and worthy to be so far concluded, that nothing was leftbut negotiation, and that endorsed by a reckless, unprincipled, and corrupt party. I was conducted to our disadvantage, our dishonor, and the sur. have noticed this falsehood,,though at first personal; but it was render of a vast territory. The Creek war was ended, the told and spread to deceive a nation, and it did deceive a nation, Creek and Cherokee Indians were removed, and the public It contained in its beginning the crime of a falsehood, anti in buildings were nearly completed. But, if it is contended that effect and end the injury of a falsehood. I name it and expose there were extraordinary expenditures, I will offset them with it, in connexion with others of a like character, that the indisome extraordinary expenditures idi Mr. Van Buren's adminis- vidual community may guard themselves agairist the effects of tration, which I have not classed as such. I mean the expendi such falsehoods in the coming contest, which will fall upon the tures growing out of the extra session, iln the summer of 1837, country as leaves in autumn by the blight of frost. which was brought upon the people by the impolitic connexion But falsehood and slatder, and the base, criminal, and treae of the government with the swindling banking institutions. sonable auxiliaries which were brought to co-operate with

Page  11 i t t:hem, as I hare said, were:iet the only resort of the federat. except those who were oartianaa to tiie prcipil.ae iats in 1840, There were other means, perhaps less criminal, ad suotro e aiistr to mert, H, but not less disgraCeful, resorted to. I mean drunken orgies; tt u tes, t ei a i tinmert, wr,empty displays; vulgar scenes; and exhibitions of coons, pos- honesty, and talents, were no recommendation, &c. sums, skunks, empty barrels, old gourds, and snapping.turtles; All this was fhse; fir, throughout both the adrinisprofane'sacrifices; Tippecanoe and Hartford banners. These trations of'Gen. Jacksoni and Mr. Van Buren, there disgraceiul shows, senseless parades, and profane demon.'tratlons, were as fatal to the good order of society, and ere or deraists who he!d office under the general the moral institutions of the conntry, as the CIHANGs they governm ent than democrats. But 1 have no time to effected was fatal to its political and pecutfiary inter. detail singgle wbhig falsehoods; L must limit myself to ests,. Dignity of character, and morality of purpose, were gen eral it was said hat such a system ofunrelentng alike sacrificed. All orders, all sexes, and all professions, I'of the entire federal family, -were contamrninated with the proscrpton w deoralizing, and was corrpting virus. Every institution and every temple, however'sacred, the morais and prostrating the patriotism of the nawas polluted. The temple of justice and the terrmple of re- lion; and, if the democracy could be overt'irown.".igien, the judge's seat and sacred desk, were prostituted to the; solr e use and the level of the dogery, and the haunts of debauchery nosid Poc'io and dissipation. Yes, sit; not only were the erxmine anrd the proc'icmbedi was one of the federal coon banners. judgtnent-seat contaminated, but the sacred desk and the pulpit re Mr. DcA hed up a wh;g banner, bea.vt were polluted; and some of those who claim to be ministers lt Inr this iteiion: the gospel. ambassadors of our Saviour, and Heaves's bearers tion: of deslarches and gladt tidings, standard-bearers of the holy crosse, and those who administer the holy sacrament%, prostrated themselves from their high and lofty station, to which none i but apostles and ministers ordained by IHeaven's sanction should presume to ascend.-even some of them, I say, prostra. ted themselves at the shiine of the corruptions and politic-' iniquities of that time; and, in place of obeying the commands of thehir divine Master, in teaching the way of salvation to a dying world, were found playitig the political missionary. n In place of bearing witness to the truth of Itis holy religion, they were endorsing all the base, false, and infamous slanders and detrac!.ion which were propagated to overthrow the edrministra- t/on-slander and detraction wotihy of the dis:empered brait i of the reckless political desperado, thie heart of corrutption, asr i the tongueof poison. ~ I cheerfully recogtnise the right of every individual in the conim u niity to exercise the rights eof a fIeemari; but while I hi i 4t sacred the rnames of Christian ministet and apostle, I dee it at duty I owe to the'holy religioi, by which I hope for redespttioransc sat callolr in the wendlrl to ccme, io denotiinco tire r7artin W wit: abtase it, as unwori ty to be its priafessional advocate. Yes, sir, sonie of dhem were fiund participating with. antd nin.til i line in, tin drniikel carousals that would have diseracoei I'- I}:. bacchia:aliaan least, ini thie naost rdegraed lday'_ of Grece Sn ueh. men are riale Ifor the tables- ofr motsec cit aaer'ovrr f orcast-:m il anout devils. They raimht Grace a garmbler's boardi, ibult 1hev would pollute a temple. Fitr the hoiir of tihe holy rcli:ioi n oI our ftiters,c and tte sacred;anmes of irioister anl atjrostli, I hope tiere were not ciany who so alisaraced ttenselves. thlir natne, arod the religrion which it is their profession to teach. A.-~o mHails) wa v o'h t~iij,"eced on't 01 ollie 1~ior 0131Mish: S But there ee soe e, They will be martied, anrid made the ili subjects otf rvigious and rmoral coirdemnation while they live, ke. Ithe onily question was to ia,'is he honest, andl wherever tihey go. Such were the demoralizing effects o i is Ie capsbi.a" All this, it was well lknotwan, was meas.s used in 1840, nd,suchl the end which jutstified tile tnearas. ITpo i But, sir, mt}her promises were made besides those of reform naidt retrerchtinent. We will examine Ithem, and see thow far they one tmothll noft-re tiae presidential inauguralton,,Lls have been fulfilled. We were promised a sound currency, amd city awas crowded with office-seekers, loafers, and. plenty iofit. t6ow has that promise beer fitfiiled'l It is useiress lotngersr, lean, lolg-, and laikl, to the nunaber (it wary for rne to relate what everybody knows; antd that is, that i sad n more han thisrty tlosid. I know that said5 of'more than thirty thousad nwta administration has done miothine either to improve time curren. cy, or to increaseits quantity. So, under the general head of evea'Y puiblic and private house (acid some horuses falselirods, I place that to No. 2. that I e.qhall not name) woref ftdl from gotrret to cellar: Ttie people were told that treasury notes were an uricon. and filled as the houses were, it was impossible to stitutional currency, and were the orsptring of the independent at a time in th avenue, without being treaueury. They were denounced and ridiculed as "Uncle wak ten stes t time i te vene, wihout being,am'.n shinplasters." The constitulion was to be preserved, jostled by some staggeruseing huigry, federal loafer. andti there was to be no more of such shinplaster currency. They seemod to have flocked fiom every parct and The whigs had not been in power three ronths,before rhey every longit}de and every latitude, and every zone, author-ized the issue of millions of dollars in treasury notes; and they have constituted a vast portion of tie national cur. tori-d, temporate, timd frigid, of this wide-sprea. reney from that. day to thlis. That is general falsehood No. 3. Union, nu os as t locusts, the ice, and te The pieople were told, among the thousand other falsehoods frogs of Eypt, at-d more d evouring ad destructive. about the independlent treasury, that it was a dangerous xec fros of -y, d mre devoring and destucrve utice engine, antddi hat it placed the pvrse in the hands of the Old federalists, who had been dcisen into caves Presidern, arid gave him a dangerous control of the national with tle Adarses, where they lad slept for forty treasury; and, if (he/ obtained possession of the government, yeas, wnaked utp, came forthl hi their rioth -riddled, that dangerous executive control should be abolished. So, one antioratet sbe -taIgering et tleir w'orrn-eates an~tousega rb,:tage r i g o hi?ome'e of the first acrs of the federal coon administration was to re- I staves, draggio' their withered, emaciated carass peal the intdependent treasury, without making any provisisionei withered, mciated crcses for the sale-keeping and secure disbursement of the public and shamkiig thIir gray locls;-such a gatherrevenue. The consequence was, that the President and his inm never befoire was seen; such c gathering never,secretary, ipsofacto, acquired the entire and cuncontrolled gtil the ea all iv e up her -will apgall be ~;een, Ultl t~e w 1111 gv ~ posses-itn ard managerentit ofevery dollar of the public reve- os I te s tial elv the nue, atd hraveso enjoyed it from that day to this. The viola- deadl at the sumnmrs of the last trum. W l, the lion of that promise I call falsehood No. 4. inauguretion canme, and with it; as a first step, the It was urged that the administrations of General disnissal of every clhief democratic officer at the Jackson and Mr. Van Buren were proscriptive ard- head of every deparctment cmf the governmenit; theec rini'strations; that they were admiinistrations of commenced the guillotise. Tihe axe was not pera party and not of the people; thlat no man was mirtted toI dry, nor the executioner to sleep; each permitted to share in the discbarge of official duties), head in eacit deartment vied wih e:ch oher

Page  12 tihe Ywork o- eRu i.e Ft;laoa,,Bt Granger anrd Ewing How has that promise been fulfilled? Thousands -wient ahead, and even surpassed Robespierre, their of honest laborers will answer next fall through the w.oerthy minaster and patron. The trial was more ballot-box-that they can get but twenty-five cents t]m'mary than that of the victims of the triumvirate. a day and no beef at all. So 1 place that prominse The inquiry to ea,, b vaitiI was not, L(Is he;capdl)e, to the credit of No. 8. ZM kos est)" lt 1wasr';Are5 you a democrat?. Do Thle federalists ins the last Congress made you belong -o dioe (Iemocratic, association, and are but one attempt at retrenchment; and that atyou a subscriber to the..Extra Globe?'" The tempt was but insolent hypocrisy, and made to aunswe bering i tihe aihirmative, off went his head. deceive. The (lemocrats, in aformer Congress, Brnr1, forward another; so it welnt. Such was the reduiced the price of public printiing ffteen -incuisitorion sch tbe guillotine-such tlhet Robes- per cent. When the federalists came into power ierres, and suc-r the fate of the victims. prior to electing the government printers. they~ _Mr. Speakler, there were more men proscribed passed a resolution reducing the price of printing io' opitniofs skre the first six montis of this ad- twenty per cent., or five per cent. more; and then nmtistrationl, tn there were from the first day of elected Gales & Seaton printers. That was the raearal WVi;,ingtiontonl:s administration, to the last show of retrenchment, and under that contract and day of Martin Van Buren's. So I make "p'roscrip- resolution wvas the public printing done; but, in order Z-oe proscribed" general falsehood No.;. to compensate for the reduction of the price, nore One of the ciharges of extravagance against Mr. printing was given to Gales & Seaton, by near oneVan Biuren's administration was the "pXihcely 7man- half, than ever was given to public printers before by, ncr- in which the President's house was furnished. any Congrless in the same length of time. But that was That falsehood was negatived by the appropriation not all: at the cldse of the last session, and to one of the of six tiousand dollars, made to firnish the Presi- last appropriation bills, was made an amendment apdent's house at the comnmencement of this adminis- propriating forty thousand dollars to Gales & Seaton,.tration. That appropriation was properly made; in addition to the price stipulated in the contract. rhie President's house required it; but the applica- Thus was the public treasury robbed to feed and fat.ti1ca of the money was not mlade as intended. I do ten a pampered favorite partisan. So much for the n..ot know what was done with aili thle money: I only attempt to fulfil the promlises of retrenchment.,hink I know wThat was done with a part of it. I That hypo'ritical show and false pretence I mark m toldc tihat near twenty-five hundred dollars was No. 9. taid out in wintes to furnish. the cellar-llot in furni- Sir, my time, and the limits of a speech, wll not. ture for the house. What wvill the honest, sober, permit me to prosecute the subject. If I had time ax'-pcayiing colunimlnity say, when they learn that I could fill a volume with these startling and danmning this wec-to-be econllotlniil arnd refornm adlministration falsehoods. I have selected those. general and un-. ised twellty-fi-ve hundred dollars of their money to varnished ones, because they were connected with porclhas- r J;-' h( thiC lorrfhrg lolUntriy, lanik- ftedei lcehaie- to w rerl dow' te i i ot il, tde- proumises the mnore effectually to mislead the:Tlal ike-i e g le d'ow. - must be thoughtless and unwary; because they were appeals beef oil each head; so )Ilaer thie chli..'ge of extravsa- to the passions, to cupidity, and to avarice. When r:uace of' tie resimldnts hoLrse-'gllsoil sSod iS, N'. ch you hold up tIre promises made in 1840 to the fed.bedsteadsl," &c.to cgener-a t!sehmood No. 7. eralists, and ask them, Why have you not made the The dav-iaborers a'were told that if they wo.imd retrenchments and reforms you promised in the govo:in' the fe,deralests in thle overitlhrow of the democrat- erminent expenditures? Where. is the plenty of tmoIC party, they shoult receive two'dollars a day ney, and of good quality, you promised? Why have nod ood -roast b etk [I hohld a bIannet in my hand; you mnot preserved that sacred principle of patriothaere it is; and hlere is the promis. Heeir JS the in- ismn-toleration in office-for the abuse of which as-;ription. It reads: you so denounced the administrations of General _ —.. I Jackson and Mr. Van Buren? Why did you not "proscribe proscription?" Where is that brilliant pro-osperity you promised to every institution, to every interest. and to every person of the country? But above all, where is that two dollars a day and IQ I~~~ good roast beef you- promised to the day laborer? * Ic~The answer is, Oh! General Harrisoni died, aind. John Tyler turned traitor. Every sniffling whig whiffet, and bank spaniel, as well as every pompous pufied-up, haughty, federal, aristocratic rag-baron has tthat ansvwer at his tongue's end. General HIarrison did die, but John Tyler did not trin traitor. Cif General Harrison and his death, 1 f a~f~b~i:~f~i~ / have nothing to say. Peace be to his manes. a. i hte had any faults in his life, I am tile last to speak of themi. Let his narrow tenement at North Bent conceal them. His virtues I will be first to speak of on all proper occasions. But I feel no rest-iaint in sayingl that the manl you elect to fill the highest: j | station that man can occupy-to discharge duties the most important that can interest a nation-by such unhallowed means, and for such unhallowed. purposes,-he will die, too, in one month. There is T1i.s was your pIronmise, arnd this your flag, dis- a Providence who superintends.this nation. He played in all your cavalcades, and in all your hiard- holds its destinies in His hand; His track is rider orgies er d iaehan fena:c. strs Pfr- ed w: i de, io be seec' ha every pathi of the revoluietn

Page  13 :n13 tlhat emancipated us; and he who cannot see the rrxe aI the nrmora courage to bra soe the istorm,, His divine interposition thoughout this admin- but General Jackson' John Tyler did the same istration is an' infidel or a fool-he may have his thing, underi as fearful eircumstances,. VWhy shovaki choice. I -predict that, if the same means are to be he not have the same amount of gratitu de and praise. tlsed b:y the federalists to secure the election of their "..en.der u.a(to C(sar the thivngs ewhich, are COr-esar' " candidate, I mean drunken orgies, empty and pro- Mr. Tyler has done thirlgs that. I reg re ]I. ef:ne songs, coon-skins, hard-cider carousals, and gret that he signed the bill to repeal the independent their kindred and criminal means, perjury, treason, treasury. I rezret thiat le si ned the bankrupt bill,, ~2dsehood, corruption, bribery, swindlimg:, and bias- by whlichu ist caims to the a.mu;ocmt of millions were ihemy-; and the endl to be effected by;tch,nicanls is repudiated, swindlers ecourced, and: scond r elIs ito break down our free institutions, trample unon dischalrged frod m their honest oblo'ations. I regret the constitutioon, and subvert hum-ian liberty,-the above atl, that he sigened thI'billto prorvide for- it', resualt will be ats it has been. The workers of such distributionoe of the m'roece of the tm )ublit' Iandrma.3 iniquity swi ll fall before the bre ati and -engeanee mensure that. in itsIeft. and obje e.;:was desi g ned to ofa just God, as glrass before the scythe. I speak plunder thre people and bribe t ae States. Birt of ail of the guilty, not of the innocent. Bmt'ohan'Tyler this the dmeco1'~ric; as a party have no righit to com.did not turn traitor; Jlohin TIler ai t done nothilig to phain. Mr 1,'Tyiser was not or their choice, nor is he. merit asutch a charte. Tlhis ctar'se is m;de, )because indebted to them infor i s situation. HEe has done all he vetoed the bank bill. for the democracy that they coul d ope an mort The wshigs canught a Tartar,sheco ihcy elected thin they ihad a a-r, ltt to expect. John Tyler —tliat is, they elected an hiorest mn ai. Permit mne to take his o casion t(k. Say tha. Do FHe as naised a democrat, and prio to Ii835 2ii ld blane is to ebe attaeihed to the Pe'sident for Ime alw,'1"as been a demoCrit, and a membcer of the delo- profigan'v ialt extraivaie.ece of ts'i$ dmiani.straton. canae nal'ty: some of lis last offikeo acmt,'.vhemi a It,.'as dit "ze's:-iI esie naei,,es mm a:' House and member of' the United States'enitate -mvcroe directid Senie tro Ynum tiei.Popriati ons of tiie peopie'.r wit ih ability ind eloajunc maist th an at te,emoneya nod t t0 a t ta ethee rest. Unmted States. He wI-Icas a swnrm and rdent sup- where iti roperly be)om',os. "Lef jsticL be done, )iporter of'General Jackson, and all the lediiot mes - I lthoui' the lieavens shlou ld'li' tires of tis administrationt until what isas tailed the Mr. Speakier, froi the -mery noature of our gpoa rn.prol'amsation made its appearance. To soaue of the meat, and trainthe 1'i'one of thie representative chal'doctrit-es containeld in that paper,.ae took exscet- acter, tlte people have a ri-,it to demand arimd to tions, and for a -time wiithdrew his supporett and in- kiiow thie principles anald tlhe "e'asuries whicmh shall fluence fiont thue democratic parlty, uaderm the, SUpp)osi- sovert and be sustained'i:- eve'ry cmandidaite for oftion tuathe had abmandoned the demociratic pimrM- ice in the event of his lcti'etmon; arid that right to pies. The whig Harrnishburg convention nominated denmand tarries'itil it the. dPaty anil tiae obligatiou, him for Vice Pr'esident, with a viewe to'imc the awhig ont the part of 0tle. candidate, to mtnsw'r all interroga. — slaveh6olders of the South with the awhig,abolitioriste tories, muade in a proier maciner and fromt' properof he'oorth aga-inst Ithe democracy of he N'orth otiive,' toaui' gthie ulaties, m'easures anrtl pinc.and South. Ir. Tyler was not qaes.tmoned as to his pies, -width PmaU govern iu ina the event of In.-: political principles prmior to his election; coen;eatly,, lection. That rigiit ol t ihat duty wereu'oaoth vi.he aas uandeer no pledge as to what mecait:res hae woiiid elated in the content of 1840, by the federal ca:doior vwould not support. Presidant -}tarrtison died; dates for office. T'lie candtidate for the presidency Mr. Tyler toolk his place, untrameled to any party,'aWs interrogatedl as to shat measures and wvita hound'alone by motives and principles of patriotism, principles:ttl04 Iot-ern h ticim in the. event of his w.idth a fiee juidgment, and I believe tan honest Iheart, electioni T1hose interrateatoies w ere iutt o immn fiom,Soon after the execttive duties devolved on limi, proper motives, and in a proper mannera but be the extra session was called, and one of tis first refused to answer, and the people were givexn to acts of the session was to patss a bill to incorporate understand that he awoulsd'ive I'o opinmion u or giota national bank. John Tyler vetoed it, and that is his pnblic ele " A national bank, a high protective ta..-,reat offence; for it, hlie has been denoiunced far and'iff, the indepeNident treasury'lhe aassumption of the;;ide,by every hirelingwhig piress, asatraitor, andby State debts, and the distribution of thei proceeds of eveiry whig demagogue a as a scoundrel. The short of Ithe sales of the public iands, were alnl qt.estiona int the story is, that the whigs were playing a fraudu- which the people felt a deep interest. They were enit game when they elected John Tyler, and they the great questions which had often agitated the aot caught in their own net' I aut no Tyler man, counitry, mad had divided the two great parties from: but it is due to mny feelings and to justice, to say the comnmeneement of the governmaemnt to that titme, that the democrac ey and the co-ontry owe Mr. and still eimotinue to do so. But it was a part of the Tyler a debt of gratitude which will only be paid whig organization to conce al their principles, and to mwhent the party strife which overshadows good and substitute an honest and fearless expose of princirevards evil shall have passed away, and naerit and ples with log cabin parades, Tippecaioe songs, coomnaworth shall have a place in the political history of skin displays, and sLIch disgracefbul flumnaneryo When our country. the whigs were cotrnered, and conmpelled to show thlieir Wlhen Genermal Jackson heard that Jolhn Tyler hand, they denied that they were in favor of thosee had vetoed that bill of mabominations he thanked his his gh-toned federal measures wvhiaci had always chalraGod that t"itle had oe honest naen left." acterized the federal party, atnd nhich mi m always When General Jackson in 832, vetoed the bil been acknowledged as federal measures. to recharter the Bank of thle Uniteld States, every Mr. Speaker 1 aim one of' those who believe that. -heart and every tongue of e'very patriot was full the imarch of inte!!ect and'ioral mrd philosophic-ai,of gratitude and praise.. It was sid that, utinder improvement has not beean si, reat assomae suppose,. ail ciremunmstances then existisng (neaniling the power It bTelieve that mankiod wou1d nalow' be whalt they of the bank and the strengoth -',uad iifwitence of -he awere. many thousaand'ears ago, if they aserme aurbanmk party,) there as —an Do olthear m an living who ad m outed b thne s,,a~.b or sumil arcuitcam n ee,

Page  14 14 That'.:.: have:ot uimproved in many of the arts rally understood. I have carefulily examined the. and s.lcaGcs, both architectural and fine, the mnonu- internal viscera of this beast of whig pagan adoration: meants of Egypt, Greece, and Rome, that have sur- [.Here Mr. D. held up a beautiful painting ofa avived the destructive hand of time for'more than coon, with the entire internal viscera exposed, and'three thousand years, plainly demonstrate. They each organ and part colored to life.] display, at this day, a mechanical and philosophical I find (said Mr. D.) this animal to contain within-:power, and a success in fine arts, which no wisdom the cavity of itfs abdomen, all the leading princiof this day can imitate. The pyramids of Egypt, ptes of the federal party. The measures which the temples and lofty columns (though in ruins) of have ever distinguished them as a party, and Greece, and the obelisks of -tome, not only surpass the names they have assumed. at different times,ur imitation, but confound our'wonder. Paintings for political effect. The characters, initials and are yet to be ibund, that have,survived half the nage hieroglyphics, demonstrating modern whig prin<Of the world, whose delicacy and beauty confound ciples, nmeasures, and names, are Greek; frolm which Ihe most splendid artists of or ay, ay ndd friom which it would appear that this same old coon lived in the every artist muost take lessons, hefo tre he can be con- days of the Grecian republics, three thousand years sidered accomplished. Nor, even in this Christian ago. have deciphered and translated the Greek day, and this 6Christian land have we improved in ci haracters, and have supplied their place with the morals taa d relig'ion. The Egyptia'.s. for vwant of English translation; and, when thus translated, the zrevealed Deity, worshipped crocodiles, ats: s-akes, following result appears, viz: In'the heart of this and toads. The Grecians worshipped owvls, andn coons 1which maynot only be regarded to some xheld their drtilken feasts, in con —regated theousands, tent the seat of life, but also the seat of good andL in honor of'Bacichuas and carried and displayed jugs evil passionas,-I say in the heart of this coon are of wine and basketts of "rapte:. anld decotiated them- fbuind the secret principles of the whig party cx — selvees with vine-leaves. Tthe l airoans nourished pressed in the word'tory," plainly and distinctly ald re-er cd geese, annd V i.rugt and by tfheta ex- writfen. On the right lobe of the lungs is written oe-'eted po13itiUcal hieaseo-SIs -nand dometic hapiness. "nationtl bank," and on the left, "old federalisna"Tahc whig portiot of this nation, with- a revealed re- all within the cavity of the thorax. Belbw the diaJigion, a irevealed Deity, a ad Divine Mediator, plhrmi, rnd within thle cavity of the abdomen, we:adore and worship Cooits, possumis, snapping)-turtles, find the. balance of the whig principles,' measures, aid skunkls, ansd ti'ougih a.icd by them expect polut- and names, distinctly marked, beginning with the etal ptcosperity raod do'mestic happilless,' now- and pancreas, and descending through the whole line of hereafter; and" Grecian lilte, they hold their drunken the abdominal contents. To save the time of anatarous-at in c )ongregated tdhotsands, in whitic they tomical demonstration, I will merely name, at prosdisk lay their gottrds of hbard cider and their-baskets of ent the whvltg principles and names as I find them ~ ar-l-ed ctrnitrond corn-dodg-rs, mad ornament theat- disclosed in the bowels of this beast; and, for the selves with buckevye leaves. Sir ]I think we he beneit of all my readers, I will procure a cut, to im:ade o suh adranicem-enti- as we soiaetimes boast accompany my speech in pamphlet form, -which. tf. } cap f-aty too, sir, that I can see wisdtomn i' will give them an ocular demonstration of whig;somte o,l:e awociitt custol;s and usa-es, even it pa- principles, which. it has so long been the effort of the -an countri-es and piagan times, wh.ich we have al- party to concealfrom tIhe'publiceye." Buttoprogress:: most lost sight o'. Some of the anicients were in on ne organ is marked'"Hartford convention;" on the hiabi of contutis:hi g their aug'l-urs and soothsay- another, "protective tariff;" on another, "assumption eras as tfo the probatble result of a;'reat nafional unde'- of the State debts; on another, "distribution of the -takings, as well as to the result of private enterprise. proceeds of the public lands;" on another, "'the rich Tae augurs and soothsayers iet i'lmine d tleirjtdgS- and well-born should govern;" on another, "let:ment and their predictionss by an inspection of tle the government take care of the rich, and. the rich entrails of aniitals; and i cenrtain qualities which will take care of the poor." So much for whig.hey perceived by s.ch ispctons,.thev disclosed principles. Now for the different namaes which the and thretold thie ftte of battles a-nd the prosperity party have assumed for the purposes of political efor Tutm of kinedonms and dowvnthll of nation'; and feet andt political deception. Here they are to be even tihe -otives and. secret springas and priniciples found in the bowels of this same old eoon:-federal af the hutman hieait, were read in those anatomicia patty anti-war party, bank party, Adams party,:.inspectionls. That piece of ancient wisdom led me Clay party, national republicant party, antimasonic.t a research after wvhig priniciples in thei absence of party.log-cabin party, hard-cider party, Tippecanoec any and all declarationi of principle: finr I perceive party. corn-dodier party, abolition party, and, in t hat thn w.htg' patty are determined to conmduct'e the tail-end of this coon, we find the last namne-oming -political i.mntest ii the same manner anid by whig party: —tory at heart, and whig in the tail! the sanme means by which it was conducted in 1840 I t' tve examimned the brain of this animal with There is to be "ino dechlarat,;o; of principetsfr the great care, but I can find neither characters nor hieptublic eye." A political fi-iend of mine sent mae a roglyphics, ancient or modern, which can guide me drawing of a dissected coon, toait}: a poite and e- to any coxclusion other than that, lilce most of those specttktl note. as'inrimiee to ntso ake snte pImb omabe twho make it an object of adoration, it (the brain) is C-f it to t'e cod?.that wvit.ig prinbeiplhs mir::t b gene- of -sma!! ouatity and of poor quaity

Page  15 WHIG PRINCIPLES. v~~~~~ve / K: / ~ ~ ~~~~~A k4IW I. in'r ~a 4p c;4A;i,:'I);F li - ~~ )2 j (

Page  16 DIut, oir, these aie not all the adrvantages and dis- to a stable. The word of God and youkr retee, coveries I have drawn from the anatomical exami- religion will be paraded through your streets on ar r.ation I have made, and thus disclosed in "this same ass, in contemptuous ridicule, and consumed oa bo?.ogd coon,;" I perceive very distinctly, by the disor- fires. Your Redeemer will be postponed to a iuurdaered state of the various organs which I have cx- derer, and your Maker to a prostitute, styled tlie arimmed, that they plainly predict the entire over- goddess of Reason,. Your judiciary will be cornthrow of the federal party, and, with their over- verted into a triumvirate; you.r seats of justice into a throw', the downfall of all their high-toned federal guillotine; and your fields will be drenched in blood. measures. Their fate seems to be as distinctly These, sir, will fill the measure of such iniquity. rmarked in the entrails of this animal of whig adora- such frauds, such perjury, and such treason, as tion as was the fate of Belshazzar upon the were practised in 1840 if' persisted in, 1ncehecked wall of his palace chaliber; and all the terror that and unrestrained. seized him, now shakes them. II think, sir, I can111 perceive, %!rith the same dis- The passage of this bill will destroy the temVptai[ think, sir, I canl p~eri~e, ~iveth the same dis- tion and the means lo perpetrate such violenle_ tin:etness which guided the ancient oracles, in thetinadhem nso rprteuc voe'e btinctnesos whigp guided e ancient oraccles, th the r Let the whirlwinds and tempests of party spirit and bowvels of this emblem of whig principles the very..i party passran run mounta n high; the sufety of she~ States which will cast their votes for the democratic rtlie p unito tllou-bhx, at d ts e senom-~i-nee of the convention to be hle~ld in ~~tltirulo~e. republic, the purity of the ballot-box, anl the seen-i.ioniee of the convention to Ibe held ine Baltimore. rity of our free institutions, will not be drawn into t predict from these signs, with oracular certainty, the vorte -in we not lay asii oraula cetaitythe vortex and wreck of ruin. Can w e not lay asidle that Louisiana, Mississss ippi, Alabama, Georgia, all art feeligs for this time, and on tIs occoiou South Carolina, North Carolina, Virginia, New Jer- ndoe up s oe n n supot f tIs meaue adcme -up as one m-an in support o tiis measure? mey, N'ew York, New Hampshire, Pennsylvania, No is te time —o s e day e on h Now is the time —-now is the day. WVe are. on the Maine, Michigan, Ohio, indiana, Illinois, Missouri, eve of another presidential election, vwiich t Arkansas, Tennessee, and Connecticut, will tri- lict e fcin d elicit 0 ver'3; fcelil'}rjC ad every corrupt?rs~.iioti whic'n,_plh i:'ti ie election of their respective nunmber,iy strife ca engenderd and is th no d party -strife can engender:- and is th-ere no-t danger democratic, electors, which will boe one of the rost e same scenes o 840 b ed ov tChat the siame scene o" 1'840 will be acted over? IS treumphant and glorious victories which the democ- tere not g e ht our oa, our pOlita, our rs-cy of this country or any other evergained. This fere and our reios institutions, a rci fiee and our reli-qous institutions, ma ree; is my prediction; aiid let no whig pagan so profiane her sock, -ih ly tem e n C~~ P another ~~~~~~~~~sloc.,, whic1 myay T),alsv themn b~cvozv. re-~ himrself and his coon religion as to repudiate it; for co.ey? it ks drawn front irresistible signs, displayed ihn the'vetals of the animal of his most sacred and political Sir, my heart is fixed and set on the passge of d;evotionu, and ureverence. Then I would say, ihn the this bill; and I feel as though i have a bioht tii op-' spirit of all candor, Go ahead, demrnocrats-the s pe al to the patriotism of this House fo- is rUopor; are in your favor. Unfurl your banner to tie Mid if I hlad the voice of thunder, I Anoald e.: if:' that appeal to the rem-otest parts of' this 1UTiolm -it beeze. Triumnph w-ill be yours. Victory will ice tat pl to he renott at of i o.o-' pertch upon dite demoh cratic standard. O ne ud -awaken the attention of e t-ery natn't, tf o'very more you will teach thie revilers o republicn love of hnrican liberty, and iof our frc~ institinoo erminent, and the enemies of free institutions, thiat ad teir duration, to e ppot f nienur. th:e people are capable of self-gov-ernmrent. w ould invoke him, in thle namd of human liberty, and Ml~r. Speaker, patriotism is the spirit by'wheih on behalf of his free institutions, byh woich he exour political fabric is held together.' The elec- pIts to perpetuate that liberty; in the iae o hai: time frm.:rchlise is tlhe soul of our republic, anmud ie najesty which is his. by the rights of a ficeinan,:o r:eemsan's boast. Let it be supported, aiond it will sed forth his voice to this hall, and demiand,:.nil support all the reet; all -will be safe. The solemnity commarn d I tepresent atibe to sup"oti th i s itti-te of the legai atd judicial oath is the slheet-anchlor of e s bill lav o u..all our Muora,.l, religious, and political institutions. I would extend tihat appeal, too, to every press, the Let corruption pollute the ballot-box, mid perjury potent engiie of hunman liberty, and.'ie terror of corrupt tlhe sac-red sanctuary of truth, ard all is crowned t oads. I would ask the m to aaise ilost. Our i,_stitutions, political, moral, and religious, strong arm and tue loud voice in favor of tis bill - will all sink together, and the offsprinig will be as it I would say to them, novw is thle time and hlss is ithe -veas. in tihe 1-resch revolution. Your icgslative occasion, whici demanid thlat influence wahiCi ails will pres ent but scenes of butchoe,; Plunder. thii rs. i w osld ask thalt saue influfence ii. xeizat oul~rdrer, and,: a~son,, aif be betl, t- rn-i es. Iand in support of this measuere, which has deimolished. And, too, as in. lte French revolution, your Sabbath thrones torn crowns firom the h-ed —s o' desot s, ~xSill e thanrlo'ed to a decade, an.d tke house of' God broken c o,siers, and reden-ec. situo:r:

Page  1 SPEECH HON Go A. STA RKWEATHER, OF N. Y., THE BILL FOR THE RELIEF THE HEIRS OF JOHN PAUL JONES. DELIVERED ZiN HOUSE OF REPRESENTATIVES, FEBRUARY 11-, 18480 WASHINGTON RINXTED AT TIHE CONGRESSIONAL GLOB OFFICEo

Page  2

Page  3 1HEIRS OF JOHN PAUL JONES. On the Bill for the relief of the Heirs of John Paul propositions which the honorable chairman of the Jones. committee considered were involved in the passage Mr. STARKWEATIHER said: of the bill now under consideration, viz: first, that Mr. CnHAIRMAN: The importance of the bill Commodore Jones had command of the squadron; now under consideration, in regard to the amount second, that he captured the three vessels in queswhich it proposes to appropriate, as well as in tion; and third, that they were surrendered by reference to the precedent it will establish, if it the Danish Government to Great Britain. These becomes a law, is my only apology for asking the propositions, then, so far as I shall have anything attention of the committee, while I shall offer a to say, are not to be questioned. This bill profew considerations in vindication of the vote which poses to give to the legal representatives of Paul I intend to give in opposition to its passage. Jones, and those of the officers, seamen, and maThe chairman of the Committee of Claims (the rines connected with the squadron, being citizens Hon. Mr. ROCIKWELL, of Connecticut) seems to of the United States, their proportionate share of place great stress upon the fact, that a bill similar the above three prizes, said to have been estimated to this, after it had been fully considered, was by Benjamin Franklin at X50,000, or $242,000, passed by the last Congress, and would have be- to be apportioned on the basis of a settlement made come a law, had it not unfortunately been lost in with France for prizes captured by said squadron, the Senate Chamber, and was thus defeated in deducting, however, $4,000 heretofore granted to consequence of not being presented to the Presi- Captain Landais from his proportion. Now, sir, dent for his signature. However much confidence the first great and important question to be settled I may see fit to repose in the last Congress-and is, in whom did the title to these vessels vest-in I have no doubt it is entitled to as much as the the captors, or in the Government? The general present, anti I do not mean to say any more-I rule is, that the title to property taken from an cannot consent that the circumstances connected enemy in war by public force vests in the Governwith the passage and loss of the bill, furnish any ment, and not in the captors; the latter being entigood reason why I should vote for the passage of tied to no part of the property, unless it be by grant the present bill, or why any other member of this or prior stipulation. What was the stipulation in committee, who has not fully examined it, should this case? It is contained in the following resoluvote for it. What weight and consideration are tion: to be given to the passage of a bill on the last day c Resolved, That the commanders, officers, seamen, and of the session, when confusion reigns triumphant, marines in the Continental navy, be entitled to one-half of I leave for those who have passed through such inerchantllen, transports, and store-ships, by them taken, scenes to say. Such was the disorder, that the amongst them in he st daesy of proveportionsber, 177fixe to be divided bill nester found its way out of this House. It was resolutions of Congress. a dead bill-stillborn. Sir, this bill is now before " That the commanders, officers,seamen, and marines in this Congress as any other bill, and must stand or the Continental navy, be entitled to the whole value of all ~fall uponaits own merits. ~ships and vessels of war belonging to Ithe Crown of Great Britfall upon its ownin by them made prize of, and all privateers, authorized What, then, Mr. Chairman, are the facts? Con- by his Britannic Majesty to war against these States, to be modore John Paul Jones had the command of a divided as aforesaid." squadron formed by France and America to annoy The reasoning resorted to by the former com~their common enemy. This squadron, while un- mittee in their report, which has been adopted by der the command of Commodore Jones, captured this committee, is somewhat peculiar in its characfifteen vessels off the coastof France, among which ter. The committee say, in substance, that inaswere the Betsey, the Union, and the Charming much as the United States stood in need of this Polly. These three vessels were sent to Bergen, class of vessels, and inasmuch as they could not a port within the dominions of the King of Den- build them, and that the better way was to procure mark, and while there, surrendered by the Danish them by capture from the enemy, and as every Government, on the requisition of the British au- vessel captured weakened the enemy one, while at thority, to Great Britain, upon the ground that she the same time it strengthened the United States had not recognized the independence of the United one, and especially as the captors, by the terms of States, and also upon the allegation, that in pur- the resolution just referred to, were entitled to the suance of a treaty with Great Britain, there was no whole value of this class of vessels, that therefore alternative left without involving herself in a war it is evident the United States did not intend to part with that Government. It will be seen that, in with them; and also, asanecessary and irresistible makina the above statement, I admit three of the consequence, the title to them veseed in the United

Page  4 4 States when the capture was complete, and that prizes to Bergen, thlaugh they separated in the night this took place the moment the captors had sub- without his knowledge or permission. Separated jected the vessels to their will, and taken them to without his permission! Had he not the command a place where they were, or, which is the same of the squadron? Did he remonstrate against the thing, ought to have been, in safety. To me, sir, act? Did he make any attempt to prevent it? Not I must confess, this is entirely new logic. What the least, sir. He therefore permitted it to be doneO is the resolution upon which this claim rests, and The act was his own in a legal and moral point of from which the above deduction is drawn? "Thal view. And now, sir, havinll permitted these vesthe captors shall be entitled to the whole value of ships sels to be sent to Bergen, within the dominions of and vessels of woar taken from the enemy." From the King of Denmark, who had not recognized the whom were the captors to receive the whole value independence of the United States, and who for of such vessels? From the IJnited States? No, that reason, and because also, by a treaty, as was sir, that cannot be. Why? Because it was a joint alleged, with Great Britain, Denmark being reexpedition, matured by France as well as the Uni- quired to surrender them, on the requisition of ted States, and France had as much interest in the British authority, did surrender them-can these prizes as the United States; nay, more-she Commodore Jones turn round and say to the Govhad furnished the means to purchase the armament ernment of the United States, You must pay for for the squadron; and because, more especially, by them; when that Government. and without its the very terms of the agreement entered into by fiault, has not received one single dollar's benefit? the officers of the squadron, the prizes were to be But the committee (I now speak of the commit-'remitted to Mr. Chatniont, and disposed ofaccording tee raised by the Senate at the last Congress) aslc, to the terms of that agreement. France, therefore, with an air of triumph, " What court has ever exhad the better right to these vessels. But when,'onerated the vendee of goods from payment of I ask, were the captors to be entitled to the whole'their price, because they had been lostordestroyed value of these prizes? The answer is, when they'in five minutes after their sale and delivery? or has had sold them, and from those to whom they were ever relieved the receiver of a bank note from its sold. Was there anything contained in the reso-'loss, because the bank had failed an hour after its lution by which the officers engaged in that expe-'receipt? or has ever deprived the builder of his dition were compelled to dispose of the prizes'stipulated compensation for building the house, they might capture to the United States? If so,' because it had been destroyed by the incendiary where is it to be found? I should like to have it'the night after its completion?" Why, I trust no pointed out. The resolution of Congress of 30th court of ordinary common sense ever granted relief October, 1776, was metrely permissive in its charac- in such cases. But suppose we put a case correter, and gave to the officers and crew one-half of spondin, with the facts: What court ever did or the merchantmen and transports taken after the 1st ever will compel the vendee to pay the purchase of November, 1776, to be divided among them, price of property to the vendor, when, by the according to the former resolutions of Congress. terms of the contract, the vendor was to deliver But what direction, I ask, did the resolution give that property into the possession of the vendee, the to the other half? None at all. Where would the same being lost or destroyed in transitu? I deny, other half go? To the United States? No; but to sir, that the property was delivered to this Govthe persons who by the terms of the aforesaid ernment, as I think I shall fully demonstrate in agreement were entitled to it. the course of my argument. Then, Mr. ChairSuppose, Mr. Chairman, Great Britain had re- man, if the whole matter rested here, I might ascaptured these vessels before they reached the port sert, without fear of contradiction, that the title to of Bergen, would any member of this committee these vessels, at the time they were surrendered contend for a moment that in that event the captors by Denmark, was not in the Government, but in would have any claim upon this Government for the captors, and therefore the claim was an indiany portion of the value of the prizes? Certainly vidual claim. Mr. Jefferson so treated it in all his not. Or suppose Commodore Jones had wantonly, negotiations with Denmark. The committee who and without any justifiable cause, sunk them, would reported the bill to the last Congress felt this emany man hazard the opinion that he could have barrassment, and hence it attempted to escape from called upon the Government for the value of them? the dilemma by relying upon the letter written by I think not. What, I ask,is the difference between Benjamin Franklin, then minister plenipotentiary the supposed cases and the one under considera- at Paris, to show that these prizes were delivered tion? Commodore Jones, with the fill knowledge by the directions of the minister of this Govern(for he was bound to know) that Denmark had ment to an American prize agent at Bergen, therenot acknowledged the independence of the United fore virtually in the possession of this GovernStates, and bound to know of the existence of the ment. I will read an extract from that letter. It treaty above alluded to, sent these vessels to Bergen, is as follows: "'The prizes you may send to or, what is tantamount to it, he permitted them to' Dunkirk, Ostend, or Bergen, in N orway, accordbe ordered there by Captain Laildais, who, by the' ing to your proximity to either of those portsterms of the agreement, was bound to obey the' address them to the persons M. de Chaumont orders of Comrmniodore Jones. Here, sir, is the' shall indicate to you." The honorable chairman proof of the fAict contained in Commodore Jones's of the committee relies upon this same letter. He letter of 27th of July, 1787: says in his report, at page 7-'"anld after being cap"It was ilot my intention to order the prizes in question' tured; they (the vessels) swere, in pursuance of the to a port of Denmiark, tut the captain of the Alliance took orders of the qierican minister, delivered to oai auupon himself to give his particular orders to the prize-lmas-'thoized Government agent at Bergen, and after ters to that effect; and, as this was done in my presence, thoed Gove e nt agent at B, an afer thoughts witthout ily knowledse or permission, they separated' being. so delivered, and in the custody of the Governfrom the squadron in tie night." mnerit of tie United States, woere, cointrary to the laiws The orders wvere given in his presence to send the' of natioots, deliered to the Britisih Governmnelto"

Page  5 5 By what authority, I ask, did Benjamin Frank- ary struggle, when the hearts of a firee people beat lin direct these prizes to be taken to Bergen Did high with the warmest emotions of gratitude in he act in the capacity of minister of the United behalf of those who had contributed their aid in States, and as their agent? Certainly not; but lie the glorious achievement of our independence. acted in virlltue of the authority conferred upon him Who more worthy of that gratitude than Commoby the agreement entered into between the officers dore John Paul Jones, who commanded the ship of the squadron. I will read a portion of this con- which first bore the American flag proudly o'er the tract: " The division of the prizes to the superior ocean's wave? It would be a foul stain upon the'officers and crews of the said squadron shall be country to suppose Congress would grant $4,000'made agreeable to the American laws; but it is to the itnfmons Landlis, and pass over the claim of agreed, that the proportion of the whole coming Paul Jones in silence. to each vessel in the squadron shall be reoulated What was the character of that bill, and under'by the Minister of the Marine Department of what circumstances did it pass? I read in substance "France anti tle Minister Plenipotentiary of the from the House Journals: On the 4th of December, Iited States." A copy of the American laws 1804, the memorial of Peter Landais was presented was to be annexed to the agreement, and'it is and referred to the Committee of Claims; on the'28th' expressly agreed, that whatever may be contra- of December, in the same year, it was resolved that'ry to,them (the American laws) should be regu- the prayer of the said memorial and petition olruht lrated by the Minister of the French Marine and not to be granted. On the 16th of December, 1805,'6the Jlliister Plenipotentiary of the United States of the memorial of Peter Landais appeared again, and. ltmerica." " It is lilceeise agreed that the orders the same was referred to the Secretary of State, givel by the Frenchle carine and the J.Minister Ple.n- with- instructions to examine the subject and reipotentia(ry of the United States shall be executed." port his opinion thereupon to the House. On the " Considering the necessity there is of preserving Nd of January, 1806, the Secretary of State made'the interests of each individual, the prizes that shall his report, and it was ordered to be committed to a' be taken shall be REMITTED to the orders of Mon- Committee of the Whole House. On the 15th of'sieur Le Roy de Chaumont, honorary intendant January, 180)6, the Committee of the Whole House of the Royal Hotel of Invalids', who has firnished was d ischarled firom the consideration thereof, and the expenses of the arnlamlent of the said squadron.'' the whole subject again referred to the Committee " It has been agreed, that M. Le Roy de Chaumont of Claims. On the 11th of February, 1806, the'be requested not to give up the part of the prizes committee made a report, which was referred to a coming to all the crews, and to each indzividteal of Committee of the Whole House, and on the 27th of'the same squadron, but to their order, and to be February, 1806, the bill passed grantinr four thou-'responsible for the same in his owns and proper sand dollars for the itmediate relief qf Peter Landais; name." which sum, by the bill, was ordered to be deducted This agreement was duly signed by all the offi- fiom his proportion, of the prize money which mnay cers of the squadron. This Government was not be procured from the Danish Governmentin satisa party to it. Here, then, sir, is the authority faction of the claim aforesaid. This, then, was not under which Benjamin Franklin acted. He acted an absolute grant; but a loan of four thousand dolas the agent of the officers of the squadron in vir- lars for the immnediate relief of Peter Landais, to be tue of the authority contained in the agreement, charged over upon the fund which it was then supand not in the capacity of minister plenipotentiary posed he might ultimately realize fiomn the Danish of the United States. How, then, Ide memd, is the Government. After pressing Congress from the title to these vessels transferred to this Govern- 4th of December, 1804, to the 2P.th of February, ment, or the character of the transaction in the 1806, Congress loaned Peter Landais four thousand least changed by the directions of Benjamin Frank- dollars to get rid of him. And now, that is to be lin, who acted as the agent of the officers of the made the principle upon which the present bill squadron, and not as the agent of the Government? is to he passed, granting absolutely the sum of In no respect, whatever, sir. The title was still in ~242,000. the captors, and not in the Government. But it is Again, it was urged by the committee who reurged by the firiends of this bill, that inasmuch as ported the bill to the last Congress, that, admitting Congress, in 1806, passed an act by which Captain the title to these vessels to have been in the captors Landais received thesum of$4,000 towards his pro- at the time they were surrendered by the Danish portion of these prizes, that tleat furnishes evidence Government, the events which have subsequentof thejustness ofthis clairm,and establishes the prin- ly transpired, have changed the character of the ciple to which we have a right to look to sustain claim, and that the same has become " debituum us in the passage of the present bill. Does such a justici.." The chairman who reported the present conclusion legitimately follow from the premises? bill assumes the same position. This is his lanSuppose Congress did wron, in passing that act, gua-e: "The reasonable and just ground of the would that forim any basis for the action of Con-' complaint on the part of the captors of these vesgress upon the present occasion? So fiar fiom the' sels, of the Government of the United States, is, passage of that act forming any argumn. ent in favor' that they have not only complained' faintly,' but of the passage of the present bill, it proves, in' that they have scarcely complained at all; and at my judgment, the very reverse of the proposition.'last in 1830, by a convention with Denmark, have, Why, it mnight be asked, should Con-rtess pass a as claimed by that Government, impliedly abanbill granting to Captain Landais $4,000, when the'doned the claim for indemnity for these prizes." whole subject was before it, and not make any Sit', the convention to which the chairman refers provision for the heirs of the Chevalier Paul Jones, was specific in its character, and had nothing to do who had rendered such important service in the directly or indirectly with this claim. Continental navy in behalf of this country? Sir, The fourth article of that convention says: "In we were then firesh from the field of our revolution- consideration of the remuneration and paymlents

Page  6 6 mentioned in articles one and two, on the part of it does not positively appear that this was for the'his Majesty the King of Denmark, the Govern- express purpose of settling this claim; but if it was' ment of the United States declares itself entirely not for that, what was it for? No one, it appears satisfied, not only in what concerns the said Gov- to me, who has been a close observer of the actions' emnment, but aiso in what concerns the citizens of of men, or the motives by which they are governI the United States, on accoent of the claims hitherto ed, can hesitate for a moment in coming to the 6 preferred, or which may hereafter be preferred, conclusion that this annuity was for the purpose of'relating to the seizure, detention, condemnation, or satisfying Commodore John Paul Jones for the confiscation of their vessels, cargoes, or property interest which he was supposed to have in those whatsoever, whichl, i the late maritime war of Den,- three prizes.'mtark, have taken place under the flag, or in the But it is said by the honorable chairman, that'States subject to the Danish sceptre, and the said there is no pretence that Commodore Jones ever claims shall consequently be regarded as definite- received a single dollar of this annuity. [Mr. S.'ly and irrevocably terminated." This treaty, or here read from the Life of Paul Jones, written by convention, settled nothing except the matters Mr. J. H. Sherburn, in 1825 and 1826, showing specified therein. There is no general clause in that the Danish Government had granted to Comthis arrangement, by which this claim is cut off, or modore Jones an annuity of fifteen hundred crowns the least impaired. Our Government has so tieat- during his natural life; also showing, that he had ed it friom the fact, that since 1830, we have con- d rawn for a portion of this annuity. Mr. Sherburn tinued to negotiate withi Denmark for indemnity. wvas the executor of Paul Jones, who died in 1792. There is no pretence, therefore, that our Govern- He had all his papers, and was of course familiar ment has done any act to prejudice this claim, as with the facts. He professed to quote the language intimated in the report. What is the Govern- of Commodore Jones, in reference to drawing for ment bound to do, to vindicate the rihhts of indi- this annuity.] viduals, and redress the wrongs inflicted upon This shows that he drew for the money. Nor those rights by foreign governments? The rule is this all. I have Paul Jones's own declarations is well defined by Secretary Forsyth, in his answer as to the character of this claim. Just bef'ore his to Aaron Leggett, of New York, in relation to his death, he made a statement, with his own lips, of claim for vessels employed in his lawful business, items of his property and claims, to Gouverneur and which had been seized by Mexico, and armed Morris, in which is the following: and equipped by her for the public service. The "Upwards of four years of my pension due from Denletter bears date the 8th of June, 1838, and is as malrk to be akedforfrn tle Count de ernstorf." follows: Due! and to be asked for! One would suppose "SIR: Your letter of the 2ath [16thl] ultimo was duly this tolerably good proof that Commodore Jones, received. Wheti a citizen aslks and obtains the official in- at all events, considered this claim a valid one. terposition o thle Goverlment il redressi;sg iljnries fiorom a H-e,had drlawn for a part, and claimed the balance. forcig- Power, it is p: oper and has beeii usual, fbr the Gov- And here let me add, in reference to another item ernment to taeke suceai iasuires as it anilt deem bestadapted of this account: it is tis, the b nce due to to comnpass that end. T'lere is no obligation to abide Iy, or of this account: it is this, "the balance due to to regard, the advice or suggestions otiindividual ciaimants. me by the United States of America." This, in This Governinent has been well aware of' this principle, my judgment, should dispose of this whole claim during the advocacy of tlhe clalims of citizens of the Unitei set up bd States oni the Governient of the Mexican Republic, and the heirs of Pal Jones. The word will always respectit. Your suggestiols, thereiore,cannot' balance is never employed to express dacsages, be allow(dl to control the action of the Governient, even but applies to accounts. There was a balance due iri relation to yoaur owii case, so long as you shlalt contiiiue Comrnodore Jones; and this balance, as I am into rely upon its aid. If, lhowever, ill your judginent, the course pursued in regard to all the claims aainst iexico formed, has since been drawn for and received by will be iljuriols to you, you have an undloubted ight to ob- the executor, Mr. Sherburn. Can any one beject to it, so far as it relates to yourself. It is expected, lieve, tlat if Conmodore Jones had entertained therelre, that yiu will explicitly iiiforin tli- departlnt iti the opinion that he liad any claim upon this Govsuch is the fact. In that event, no irrmpedimertit will be raised to your undertalcing the sole mnauagement of your einment for his share of these three prizes, he comlplaints against Mexico, aiid they will be carefully ex- would have failed to have put that down among cluletd fromni aly arrangemeent that may be made between the items to Gouverneur Morris-given, as those thie tywo Goveeriunmets." items were, in contemplation of the near approach Now, sir, I ask, What has our Government done? of deatlh? Such an opinion is not to be entertained Nay, rather, I might ahsk, What has she not done? for a moment. Mr. Franklin immlediately commenced a negotia- Again: The chairman of the committee says, in tion with Denmark for indemnity. He drew up a his report, " that there is no prinlciple of the law of strong memorial, and continued the negotiation, nations more firmly established than that which andt repeatedly urged Denmark to repair the wrong. entitles the property of strangers, within the jurisThe negotiation was continued by Mr. Jefferson diction of a country in friiendship with their own, and Mr. Monroe down to 1812-a period of more to the protection of its soverieign, by all the efforts than thirty years. Cornmodore Jones was sent to in his power." This proposition is unquestionably Copenhagen bly Mr. Jefferson, to adjust this claim; true, to the extent meant by the writer. But what, but it appears some objection was made to his I ask, was the situation of Denmark at this time? powers, probably the same that were made to Mr. She had entered into treaties with Great Britain, Slidell's —that they were too ample; and therefore The Minister of Foreign Affairs of Denmark, in Denmarklk would not suffer him to exercise them. his correspondence with our minister of 4th June, It does appear, however, that Commodore Jones 1847, says: accomplished one object while at Copenhagen, on " Mr. Irvwin will, however, find in diplomatic collections, thlat or some other occasion. He proclured from that the treaties concluded between Deninarkl aid Great Denmalrk an annuity of fifteen hundred crowns Britain, then in force, and especially that of 1660, article 5,,Denmark an anuity of fifteen hundred crowns imlposed upon the former Power dcuties fiour which it could during liis natural life. I am willilng to admit that lnot swerve, notwithstanding its sincere desire to encourage

Page  7 7 and favor the navigation of the North Americans, at period The bill provides for " the payment to thelegal repwhen political diffictilties arose onall sides, and when avorsfics, thus granted mnigt lead to serious iniconveniences., ad the officers Colonies, not lhaving been then recognized, could not be seamen, and marines of the squadron under his considlelred y her as engaged in any other than a civil war;' command, being citizens of the Unaited States." and the tliree prizes in question could only be, ii conse- Being citizens when? At the time of the capture quence, rersrded (I s helolngin, to the Britislh nation. The I.o entrance of the Americans wvith these prizes, on vwhich nio of the prizes? No. Bei ng citizens now? No. comlpetent tribunal had passed sentenice, into a port of Nor- Beln, citizens at the time they may apply. They way very iuch firequented by vessels, could not remain a may be naturalized, for aught that I can see, and secret: and the British lninister near the Court of Copen- clai It is not confined to natural-horn citizens, hagen, relyinw upson the J;tith of treaties, claimed their restoration, as being the property of his Governcment.'le So that there is nothing to prevent all parties inafitir lhaving been thus placed on the ground of strict tlnd terested from securing their several proportions. rigorous justice, there was no alternative fi(- Denmark. To I find no fault with this. It ought to be so upon refuse the demand of' the British envoy, would have been. If t to faii in the fulfilmlent of a positive oblligation, and woll Pnent have ha the prophave furnished a pretext feor Great Britain to drag Denmark erty, it should pay for it. into the formidable struggle in which she was then engaged But last of all, we are told by the firiends of this with her Colonles. bill that it should pass, in order to rescue the mnemIn this state of things, how could Denmark have ory of Commodore Jones from the tacit reproach acted otherwis'e? She was bound by treaty, en- under which it rests. Rescue the memory of Comtered into sprior to the struggle between the Colo- modore John Paul Jones firom reproach! The memnies and Great Britain. She had a right to fulfil ory of him of whom Washington, and Franklin1 it-nay, she was bound to fulfil it. To prove this and Jefferson, and Adams, and Monroe, and all proposition, I read from Vattel's Law of Nations, the great men of that age, spoke in the highest at page 333: terms of commendation! Rescue the memory of "' I have said that a neutral state ought to give liim, in commemoration of whose brilliant achieveno assistance to either of the palties, chen unler ments the Congress of the United States caused a no obligations to give it. This restriction is neces- gold medal to be struck and presented to Commo-'sary. We have already seen that when a sover- dore Jones, under the most flattering cil-cumstan-'eign furnishes the moderate succor due in virtue ces! Rescue the memory of hism upon whom was' of a former defensive alliance, he does not become conferred the command of the ship-of-war Ranger,'an associate in the war. He imay therefore ftfil wh ich first psrodly bore the American flag in tri-'his engagemtent, and yet observe a strict nesttrality. umph, and which received, on the demand of ComOf this, Europe affords fiequent instances." modore Jones, the first nationall salute from a forThen, sir, I submit whether Denmark, in the sur- eign Government I Rescue the memory of him, render of these vessels, did anything inconsistent who captured the Serapis, under circumstances with her neutrality? If, then, the positions which which have attracted the admiration of the world! I have taken are tenable, (and I believe the facts What Ameriican does not recollect the history of sustain them,) it is totally immaterial to inquire into that capture? The Bon Homme Richard had been the value of the prizes. several times on fire; her eighteen-pound battery The amount which, by the provisions of this bill, had blown up; her five hundred prisoners had been would go to the heirs of Paul Jones is estimated treacherously let loose; she had received several at $24,421 78; but can any one doubt that the whole shot under water from the Alliance; the leak was $242,000 will notultimatelyhave to bepaid? Why, gaining upon the pumps; several of the officers, in sir, I am informed by the honorable member from whose judgment and courage theCommodore had Maine, [Mr. HASIMoNS,] that he has, under the the greatest confidence, advised him to strike; the rule, laid petitions on the Clerk's desk for one or Bon Homme was in a sinking condition; but the two branches of the heirs provided for by this bill, Chevalier Jones would not give up the ship. I whose proportionate part will amount to some seem nowa to see him, standing elect amidst the twenty-five or thirty thousand dollars; and that he carnage and ruin, and ordering, itn the language of is assured by his correspondent that he will soon Old Rough and Ready, " a little mnore graple, any forward more. What, sir, will be the principle brave fellowts!" Expectation is wrought up to the settled by the passage of this bill) It will be " that higsest pitch; the firing of the enemy decreases;'the Government of the United States is responsi- that of the Bon Homme increases. The enemy's ble for the value of these prizes. " Can we justify mainmast begins to tremble and shake; she strikes; ourselves upon any principles of law or morality the British flag strikes. " Scarcely had victory in withholding any portion of the prize money' crowned her intrepid commander, when the Bon which may belong to French citizens? Why' Hornomme sank on the very field of her glory." not pay the heirs of M. Chaumont, who so gen- Rescue the memory of such a man fi-om reproach! erously volunteered to purchase the armament Sir, I protest, in the name of my country; I profor this squadron, and who has lost the whole? test, in the name of the departed spirit of the ChevWe may be told that the bill confines the pay- alier Paul Jones; I protest, in the name of his ment to American citizens. There is no justice posterity, to the remotest generation, against any in this. If the Government is bound to pay, it rescue of the memory of Commodore John Paul is bound to pay all, and not a part. And what Jones friom reproach-and, least of all, such a resis there to prevent them from enforcing payment? cue as this bill proposes.

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Page  1 THE JUDICIARY SYSTEM. SPEECH OF HON. JAM-ES B. BOVTLIN, OF MISSOURI, IN THE HOUSE OF REPRESENTATIVES, MARCH 6, 1848.o On motion of Mr. J. R. INGERSOLJ,, the rules were sus- all the popularity that the refusal to commit indipended for the purpose of taking up the bill supplemental to cated, yet would he raise his voice against it, and the act entitled "An act concerning the Supreme Court of t11e United States," approved June 17, 1844, and the anend- record his vote, if that vote stood alone. mitent moved by Mr. BoWLIN to the sarne. And he could tell gentlemen that this idea of Mr. [. having explained the necessity, and urged the pas- separating the judges from the people, and giv-ese of the bll — ing them a permanent residence, was not a new Mr. BOWVLIN said it was a source of extreme one. He recognized in it an old acquaintance, regret to him that the House had so far manifest- decorated in a new dress, to render it more palaed a disposition to minis'ter to the wishes of the table to our tastes. It was only an attempt to ac~Judges of the Supreme Court in a matter of such comNIplish by indirect means what the people had vital interest to the country, as to refuse to com- again and again repudiated when sought directly. mlit this bill, wliere its merits could be fully and If gentle-men believed that the effect of this bill fkirly investigated and discussed. It only betrayed would be, at the end of two years, to restore them the melancholy fact, that the judges of' the court to the old system, he believed they greatly deceived here were stronger than the people at home, with themselves. Such, he believed, was neither the their direct representatives. In a contest with in- object or the design of the bill, but the contrary "ecrested parties before this House, who could be exactly-to make a permanentt resident court here, here upon the ground urging and pressing their and wholly relieve the judges from circuit duties. own stit, for special benefits to themselves, at the The struggle to attain this point had commenced expense of thle people, the constituent body had almost with the origin of this Government; and, hut a poor chance for justice. The people's inter- though occasionally quieted, after a severe rebuke est was too frequently neglected when a proposition from the people, had never been lost sight of by was up to confer special benefits upon some favorite those interested in the immediate results, or in the or favorites. He said this more in sorrow than in political character of the question. Experience anager, because he was almost bound to infer firom had taught them,'that in the character of a direct the vote, that the House had determined to pass proposition, fairly and plainly stating its objects the bill blind, without exatnination, without inves- and purposes, it never could be carried before the toiation. W5hen such things occurred upon bills of representatives of a free people; or, if carried, it little importance, we submitted to the wrong, fr'om would have to abide a most disgraceful retreat. It liae insignificance of the cause; but when we beheld was, in its true nature, but a scheme to consolibills of the most vital importance, bills indirectly date all the judicial powers of the Government ch.langing the whole judicial system of the country, in a secret conclave of judges, where their mighty bi.tis enhancing the cost of justice to the people powers could not be seen, and would only be felt ao a mrost alarimincg extent, attempted to be forced in the potency of their decrees. This was the poti rou.11h u on tle h dfirst day of theirappearance in the litical character of the measure, and, as such, it had,-ou,,e, ad t.he H-Iouse partially sanctioning such a always received the ardent support of the advoro:l"erdne, I, by r-csinl.= to subtnit them to a scruti- cates of a strong government over the heads of nizil7 invesi:.~tion of the usual conmittoe, it was the people. The court was one of most extraordi-;:l:3_mu' to;toi.!:- w tihose who yet retained a respect for nary powers, of an almost unlimited jurisdiction 0?i[:,s;a.nd in tere'sts of the people. If ile knew alike over the rights of the people and the States o;i;in: of0 tLhe 1measuilre, it was apt to excite his sus- of this Confederacy; it was rendered partially irreltion of is inerits, when he saw that it involved sponsible by the tenure of the offices of the judges, individual interest.s, and that it was attempted to and they had only to add centralism, secrecy, and te fbrced throutoh thle House in utter disregard of permanency, to establish one despotic department toie usual forms of legislation. The very attemnpt in the Goveinment. Hie was not to be deceived excited ito him a desire to examine it in all its by appearances, iltor gulled by partial measures; bearings, and see, whilst it conierted special bene- all tending to a radical chlange in the whole system, fits, how it operated uponl the in tel.st of the people, iwhilst g'entlement were amusing' them with promior whose sole benefit courts were instituted, and ises of lelre present relief. He had read the hismaintained out of the proceeds of their labor. It tory of oirmer strtuggles upon this question; he was abhorrent to his feelings to attemp-tt to argue a knew wlat was really wanted and desired by the case that seemed to be prejudged the mloment it advocates of this scheme; and he looked with made its appearance in that Hall; yet, fiom its vast great suspiio n upotn every attempt, by partial and importance, hlie could not be silent, in justice to him- temporary measures., to approximate the original self or his constituency. And should it pass, with dCsint o Prirnted at the Ceire.stioas tGlobe Off0ce

Page  2 This strug,gle to separate the judges from the The judges were, therefore, already reiieved fronr people commenced under the Administration of attending upon one court in the year, and now the elder Adams, and had upon it the odium of that was followed by the proposition to relieve them the midnight judges. After a mighty struggle of from the other term for the space of two years. the two great parties of that day to overthrow the Do this, and your circuit court system was at an beautiful system given to us by our ancestors, and end. The Supreme Court would become a permawhich had descended to us unimpaired so far, the nent fixture in the metropolis, and the clamors of Administration party succeeded, and reorganized the people would be answered, not by restoring the whole judicial system upon the basis of the back the court to its legitimate duties, but by addpresent scheme of consolidation. They carried ing on a new swarm of judges to be circuit judges, their favorite measure: the judicial oligarchy was without Supreme Court jurisdiction. That would established upon paper over the heads of the peo- be the kind of relief extended to the people, by ple. What was the reception in the country of making them pay dearly for it. And were genthe new system of a permanent court? Almost tlemen so blind as not to see, that by the indirect one unanimnous condemnation fiomn Maine to Geor- and gradual perfection of this system, they were gia. The people met it with one almost united brought directly to the repudiated act of 1801,wittz outburst of indignation. Such was the odiousness all its odious provisions?, Was that House preof the system with the people, that though it stood pared to do that deed, and again provoke the in-.a law upon the statute book for about a year, no dignation of the people? mlan had the hardihood to dare to attempt to put It was in vain for gentlemen to pretend that they it into operation. It stood a dead letter upon the supported this im-easure, with all the lights of exstatute book, until the season came round for its perience they had before them, as a mere temporepeal, when it was abolished, and the old system rary measure. They might deceive themselves, again areistablished upon its ruins. In that great but they could not deceive the people. The people struggle- against a central, permanent, and consoli- would comprehend this new encroachment uporn dated cotut, Mr. Jefferson, at the head of the Re- their rights and interests. He could tell them that publican party of that day, stood foremost in the the people were not prepared for an entire separafight. ]Times had changed, but this question had tion of the judges from those whose substance underigone no change. It was the same question warmed them into life, and nourished and supto-dey that it was then-involving the samue princi- ported them. The people entertained a homely and ples and jeopard(izing, the same rights. It was a soinewhhat unfashionable idea for modern times: question then of concentrating the rays of judicial that courts were instituted for their own benefit, power, so as to make it a more potent instrument and not merely for the elevation, ease, and comfort of misclief to the people and the States, over whom of the judges; that when they freely gave their it had the exercise of a constitutional jurisdiction. substance to the support of the judges, they lhad a And it was precisely the same question to-day. right to their services in such form as comnported There was no change in the question, no change best with their interest and convenience; that it in its,'effects upon our free institutions, though was more in accordance with the spirit of our there migllt be a change in men professing the Constitution, that the richly-salaried judge should same political opinions of our ancestors, who over- travel to the people to dispense justice cheap, than threw the whole Federal scheme. that the whole body of the people should have to After this signal rebuke from the people, the travel to him, to receive it at an enormous expense. question was permitted to remain partially quiet It was neither wvise nor politic, nor did it comport for near a quarter of a century, when it was at- with the spirit of our republican institutions, to tempted to be revived and resuscitated under the create a kind of judicial oligarchy, elevated so, Administration of the younger Adams. In 1825 high, and centralized so permanently, that they and 1826, the battle was fought over again, for could neither reach them nor behold them, and this permanent judiciary; and, strange to say, the only feel them in their despotic decrees. WVhilst Federal forces in this contest were headed by a these good old-fashioned opinions obtained with gentlemian from Virginia, (Mr. Barbour,) who the people and their representatives, the system claimed, he believed, affinities with the Republican which brought the judges to the people to dispense ranks. It arose, at that time, upon a proposition justice was safe, and he believed, would still be to create new judges fbr the western circuits; and safe, against any direct proposition to separate a substitute was offered, to establish this perma- them forever from the States and the people, and nent residence system for the Supreme Court. centralize them in the metropolis. After a fierce struggle for two sessions, the whole By this indirect means the people might be lulled scheme was overthrown by the decision of Con- into a false seclurity, and deceived, until you hat gress, and another respite to the people obtained. fastened tils exploded and condetned system upon In both these struggles, the battle was waged tpon I them; but when the last act of the drama was perfair and open grounds, between the advocates and! formed, the scheme fully developed, the whole plan opponents of a permanent court at the metropolis.! matured, then they would awake to a sense of their In these two celebrated efforts, it became apparent, duty, and give it such another reception as tley that this. inroad upon the rights and interests of g ave it in 1801-by one universal burst of condemthe people could never be accomplished directly; nation. and if ever successf'ul, must be by indirect means. T-e treated this measure precisely as if it proIn 1844, an act was obtainmd relieving the judges posed directly a perpetual separation of the judges from attendance upon more than one circuit couit; fiom the States and the people, and an abandonin a year. This was granted, because it did not ment of the circuit courts forever. It was in'van apparently invade the system of circuit courts; and I foi- gentlemen to assume to him that it was anyperhaps it occurred to but few mnembers, that this thirng else than a measure (whether designed or was blut the beginningof thle old conflict over again. not) that was to work a perpetual separation of

Page  3 the judges from their circuits. Pass this bill as circuit system, we could very justly confine and reported from the Judiciary Committee, and he limit appeals to the more important cases, as the hazarded but little in the assertion, that in ten years two judges combined constituted an able tribunal; tile people would scarcely know that the system of but when we rermoved the principal judge, and c,ircuit courts had ever existed. Its temporary made the suitor rely upon the subordinate, we character is merely given to it for the sake of could not do less than secure him a remedy against popularity: for the purposes of hoodwinking this error by an almost unlimited right of appeal. This nouse and the country, and securing the passage must be a part of the system upon which the deof the bill. Who seeks this change? The people struction of the circuit courts was based, otherwise had not demanded it. There were no petitions the grossest injustice would be workled. And so from them asking for a dearer and less efficient ad- gentlemen flattered themselves that that would not ministration of justice for the convenience of the greatly increase the number of appeals? He enjudges. The press-the representative of popular tertained nc.; doubt it would double, treble, and sentiment-had not clamored for thechange. Who, perhaps lquadruple the appeals from that single then, wanted it? The judges, and the judges alone, cause. to escape friom the labors of their circuit duties. But, again: would not the lessened confidence in And did gentlemen suppose they could mnake this the court be apt to augment the number of appeals House believe that the rjuidges were so regardless also? Would suitors be as likely to acquiesce in of their ease as to want this change merely tempo- the decisions of an inferior tribunal as they would rarily, and strictly for the causes assigned? Did in a superior one? Without any disparagement gentlemen suppose we gained nothing from the to the district judges, they could not shut their iights of past experience? A few years ago, a eyes to the fact, that they were so constituted and releasement from the labors of one term, upon so paid as not always to command the best order the very identical pretext which was this day set of talents at the bar. Upon the contrary, the cirup for the releaseinent friom the other term, had cuit judge, from salary and from.range of appointbeen secured by this system of ftlvoritism and ment, could command the first judicial talents of partial legislation. They were released to bring the country. And when he was withdrawn, a large.up the docket. That was the pretence. Had portion of' public confidence in the decisions of the it been done? or had any good resulted from court would be withdrawn with him. No one the grant of that exemption? Let facts speak. could doubt this who would not voluntarily shut When they were first released from the perform- his eyes to all the force of reason and all the lights ance of circuit duties, under the pretence of an en- of experience. Every district court held for the cumbered docket, it was ninety-odd cases in arrear. circuit would be sending up its hosts of appeals, They were released to bring up this arrearage. And and multiplying them just in proportion as they what was the result? After three years and a half deemed the ability of the bench was lessened by practice under the first exemption, they had got- the separation. The enormous increase ofappeals teg their doclket more than two hundred cases in from these causes no man could; estimate, and of arrear. These were practical results from a partial course it must be a matter of speculation; but no adoption of the system: what was to be the restilt one could doubt they would be wonderfully augfrom a full and complete adoption of it? To double mented. But in this matter they were not left the arrearages again in the next five years; and, wholly to conjecture. The honorable chairman instead of being as now, two hundred behind, the of the committee had, in his speech just delivered, docket would be four or five hundred behind. That furnished them statements relative to the docket, this would be the natuial and inevitable result of from which they might infer the probable operathe passage of the bill of the committee, he believed tion of the system. The honorable chairman had he would be fully able to demonstrate when he told them that Mississippi presented the largest came to that branch of the subject. In view of the calendar on the docket; and next to her Louisiana; iormer exemption and the practical results under and the two together furnishing nearly one-third it, and the continual pressure of this new exemp- of the whole docket; whilst the populous State of tion, who could doubt of the design to render this New York was comparatively small. He thanked separation perpetual? And he conjured members the gentleman for the information, for it sustained to look at it solely in that light, as the only true his (Mr. B.'s) position exactly. Mississippi furone in which to view it, and not suffer themselves nished the largest docket of appeals, and yet she to be deceived by false appearances. Pass the coim- was a small State in population. Why was this so? mittee bill, and they would take their last view of He could tell the gentleman: it was because the the circuit system. circuit judge rarely ever attended upon that branch A natural consequence in the adoption of this of the circuit, and the whole matter was left solely system would be to reduce the aniount upon which in the hands of the district judge. an appeal or writ of error might be prosecuted Mr. GAYLE, of Alabama, here interposed, and from the district court to the Supreme Court. This excused the failure, on account of the indisposition must be done, as a natural and inevitable conse- of the judge. quence of the new system. That simple fact, and Mr. B. resumed, by assuring the honorable genthe lessening of the confidence in the court at nisi tieman from Alabama that it was no part of his prius, by removing one of its rejain pillars from it, design to impeach or assail, in the slightest degree, would of itself greatly augment the number of ap- the honorable judge of that circuit, but to draw peals. Suppose it was reduced to five hundred legitimate arguments from the facts astheyexisted. dollars in mere money suits, and confined only to Then, Mississippi contributed the largest number sums above that amount and to questions of con- ofappeals on the present docket of any State in the stitutional construction, the increased number of Union, and was the leaAt attended State in the appeals would just be in proportion to the reduc- Union by the circuit judge. An honorable gentletion, or perhaps four-fold on that score. -With the man firom Mississippi, near him, had just informed.

Page  4 4 himn that as much as two years had elapsed at a during the'limitation of the gentleman's bill? This time without the appearance of the circuit judge was a poser to the honorable gentleman, with all there. Louisiana presented, says the honorable his vast store of legal learning; and the House chairman, the next largest docket of any State in must have perceived in his answer how much it the Union.,'What was the cause there? First, fortified his (Mr. B.'s) position. I-He was comfrom her commercial position, she created a large pelled to rally upon his proviso, which was a saving amount of business; and, secondly, she was a clause in the bill, to allow the judges to go on their little like her neighbor Mississippi, not too fie- circuits, if they thought proper. When he (Mr. quently blessed with the pleasant duty of welcom- B.) first saw that proviso,lle could scarcely restrain ing the appearance of her circuitjudge. She was himselffiom laughing over it-at the very idea of the second State in the amount of her appeals, and legislating to exempt the judges from the performhe believed the second on the score of neglect. ance of a duty, at their own desire, and then proCould an argument be made stronger than the viding they should not be compelled to be exemptgentleman's own details had made this, on the ed from their labors, if they preferred to work t position he (Mr. B.) assumed? His position was, He had looked upon it as a useless appendage, to that the withdrawal of the chief judge from the anmuse them whilst obtaining this second invasion court would naturally tend to increase the number of the rights of the people for the benefit of the of appeals, and the honorable chairman had fur- Judiciary; and certainly niever dreamed of the uses nished him facts to demonstrate it conclusively. to be made of it, to get the honorable gentleman But the honorable chttirman had furnished another out of thiis dilemma. Who ever heard of the judges fact to strengthen this branch of the argument. performing voluntarily duties fiom which they He had told the House that the great State of New were exempted by law? Who' within the sound York had not half as many appeals as either of the of his voice was credulous enough to believe that. States mentioned before. It would be an insult to the judges would ever hold courts when it was left the intelligence of the House to undertake to prove entirely to their discretion? The great difficulty that New York, with the great commercial empo- was, to get them to hold their courts when the law rium of the Union within her borders, furnished imposed it as a solemn and obligatory duty upon twice the amount of legal business that both the them; and when the law relieved them, who so States alluded to produced. Then, why was her weak as to suppose they would notavail themselves appeal docket so small? He could inform the of allitsbenefits? Had they manifested heretofore gentleman that it was simply because the judge such a zeal for the public good, the honorable genattended his circuit and held his courts. Could tleman would have been left without the argument demonstration be stronger than the honorable founded upon an overgrown docket. But he put chairman's own details have made it, that the ab- it to the House, in all seriousness, what was to besence of the circuit judge was the promoter of ap- i come of the two numerous classes of cases to which, peals? If, then, two States, with a population hehad directed their attention, when thisbill should less than a million, gave nearly one-third of the have become a law? It made no provision for present fashionably-complained-of docket, on ac- them. They could not be tried, unless the HIouse count of the absence of judges, what would the was prepared to witness the ridiculous farce of the other States furnish, with a population of nineteen districtjudge sitting in judgment upon appeals from millions, when the gentleman's bill should have his own decisions. Was the House ready for this withdrawn the judges from them all? By the farce? The appellant, he was sure, would not be. same ratio of increase, it could be swelled to eight If this system of separation was carried out, hundred or a thousand by the time the judges, on three prominent evils, in his opinion, would result the same plea, would wish to malke the bill per- from it-the last of which wvould amount to a curse petual. Ask ibr no other reasons from the judges upon the distant States from this central luminary than a large docket to stimulate legislative inter- of jurisprudence. First, it would lessen the justly position in their behalf, and give them the benefit high character and dignity of the Supreme Court; of this bill for two years to create it in, and you secondly, it would tend to disqualify the judges will find it in all abundance. There lies the dantler for the proper discharge of their high functions; of this bill; and it ought to be styled a bill to pro- and, thirdly, it would enhance the expense of jusvide grounds for overihrowing the judicial system tice to the distant States. of this country. In the first place, when this plan of judicial cenAnother objection to this bill, which he had tralization was carried out into anything like a sysraised before, was, that during the pendency of tern, the district courts would have to be given a this law, a large class of cases not provided for jurisdiction embracin all classesof casesthatmight must be entirely neglected. The honorable chair- arise in the country. The judges of these districts man, iii meeting that position this morning, as- were moderately paid, and the courts could not sumed under the law, that the district judge hold- always command the first talents in the country. ing the circuit court could discharge all the duties From the very character' of the subordinate tribuof the circuit court. At that point of his argument, nal, appeals and writs of error must be allowed, he (Mr. B.) had interrupted him, and, with his almost without restriction, in every case that might permission, submitted to him the following inter- arise, if public justice was to be regarded as of any rogatories: First, IWhat becomes of that class of importance. From the great valley of the Missisappeals allowed from the district to the circuit sippi, and the States of the North and the South court, where the amount exceeds fifty dollars? distant from the metropolis, lawyers could not folSecondly, What was to become of the maritime low up their cases; the people would not be able, and admiralty cases, where the appeal was allowed in such a class of cases, to employ the lawyers who from the district to the circuit court, when the sum might concentrate around this central system; and in controversy exceeded three hundred dollars? the consequence must be, that the home lawyers Were these two large classes of cases to sleep must intrust their cases, nine times out of ten, upon

Page  5 a written or printed argumentl, sent up here by mail. made up of numerous sovereign States, all varying in this condition of things, who could shut his eyes in their laws, customns, usages, and systems of to the fact, that the district couIts would retain no jurisprudence. Diversified as these various syso rank or station in public estimation, and be merely tems were, and as they must forever continue to considered as preparatory tribunals to make up be, yet this court, amongst its vast and mighty cases for this court? and this court would sink from powers, and almost unlimited jurisdiction, had to its now high and elevated position to a mere board execute the laws of the several systems, in conof revisers of the records from the districts. All formity to their respective principles. They had force and dignity would be lost in the Federal courts a civil law and a common law j.urisdiction ito be in the States, and the Supreme Court would be en- applied in the States where they respectively exgaged, not in trying great questions and great titles, isted. And could they comprehend these diversified but in reality in the adjustment of nlisi prhis trifles, systems, and administer them ably, whilst they and unimportant questions, not worth following up shut themselves up fi'om their practical operations? by the bar, and that could not be followed up from No, it was not in the genius or power of man to the West and other distant States. If this picture do it. That beautiful system of the common law, was correctly drawn, what was the position of the which had been built up upon the concentrated Supreme Court under it? about equal in dignity wisdom of ages, and which had demanded from and character to a mixed board of commissioners the civilized world the homage of their admiration, to try land claims, or a board of commerce to adjust was not the work of cloistered judges, but was the petty matters between merchants and traders. result of practical operations amongst the people. In the progress of our free institutions much It was the qtisi pres system of the English courts depended upon maintaining, in its proper sphere, that laid the firm foundation of that vast and mighty each of the great coordinate branches of this Gov- system of legal science-the common law of Engerminent. The Judiciary was one of those great land. And whatever antipathies might be enterbranches, and, like the rest, must depend upon tained to the political institutions of their English public opinion for its dignity and character. The ancestors, even they could not blind them to the Supreme Court was at the head of that coordinate beauty, grandeur, and moral teachings of that branch, aind whilst confined'to the adjustment of magnificent collection of legal lore. And what great questions, would maintain its dignity and co- was the origin of that mighty system which had gency in that public opinion; but when its mem- been claimed upon this continent as a rich heritage bers, consulting their ease more than a laudable from the mother country, and which had now ambition for honorable distinction, would degece- ripened to its present perfection? Not from judges rate its business, public opinion would level the in chambers pouring over thleir nmusty volumes; coutrt to the same standard. Make it the arbiter and philosophizing upon systems; not fi'om judgs of petty trifles, and its dignity was gone-gone who were shut out from the -world, and only maforever. king themselves felt through their despotic decrees; But, again, such a system would entirely unfit no-it had a nobler, a diviner origin-it sprung the judges for an energetic and enlightened dis- fiom the people, fromn the habits, customs, and charge of their official duties. Make your Su- usages of the people, matured under the influence preme Court a fixture here, with no associations of that very iisis prit.s systemn which they were now but the corrupt and the corrupting influences of the endeavoring to undermine and destroy. What metropolis; make them the drones of the great better system for administering the laws would hive of American industry and American enter- gentlemen devise, than the system which brought prise, and you would destroy (what was as essen- them into existence and preserved them through tial in a judge as legal learning) good old-fashioned ages, whilst they were maturing to their present common sense. No mere legal knowledge —he state of perfection? Our ancestors thought none, cared not howu exalted it might be-could supply when they established that beautiful system in the homely information which country life taught, 1789, upon which the House was about to lay and upon which most decisions operating simply its sacrilegious hands. It was a sacre,d principle upon rig'hts of property must depend in a great de- I with our Anglo-Saxon ancestors, that nothing but gree. Books, merely, never yet made a great man, slaves would bow the neck to the yoke of judicial nor aroused the energies of a great mind into ac- decrees, emanating from some dark recess unseen tion; but mingling with men, with free and iJde- by the people. And were we to be less tenacious pendent men, catching the fire of a laudable ambi- of our rights, of our liberties, than they? Were we, tion, from the hum of the multitude, was what gave who had so far outstripped them in the principles life to his energies, and glory to his actions. Who of civil liberty, to be the first to erect that secret would seeal the cloisters of the colleges-who would tribunal, which was only to be known to the people search amon st mere book-worms of a profession through its decrees? for men of enterprise and action, in any department In England-the country firoml which we have of the Government? INo one. he supiposed, who borro\Ved so much of our notions of jurispruentertained a due appreciation of the intelligence of dence-the sentiment has almost ripened into a the people. proverb, that the judge who did not perform circuit But there was another consideration arisino duties, and try causes before the juries of the counupon this branch of the subject from the nature of try, was unfit to decide in the last resort. Lord our institutions and the character of their jurispru- Brougham has reiterated this sentiment, in his deuce. He had said that )naking the court a fix- struggles for the reformation in the administration ture here, disqualified thenm for the same enlight- of the laws of England. And he (Mr. B.) would, ened discharge of their official duties, which they for a moment, invite gentlemen's attention to the now enjoyed from an intercourse with the people, present system of administering the laws in that the States, and their systems of laws. Gentlemen country; for, with all our prejudices to her political mustrecollect that this was a confederative republic, systems, no lawyer would fail to acknowledge the

Page  6 6 beauty of hersystem ofjurisprudence. There the system of jurisprudence for the United Statesjudges of the highest courts-the most venerable They wisely surveyed the whole ground, and met in the profession-the most learned in the law- every difficulty and overcame every obstacle in that all performed nisi pritus duties-rode their circuits system of circuit courts by which the judges would and presidedovet jury trials in thecountry. For the become familiar with the several State systems of investigation of all leoal matters within the realm, jurisprudeence, and which we were now about to they had three high courts, with appellate juris- abolish, from no higher motive, he feared, than diction-the King's Bench, the Common Pleas, favoritism to individuals. Our ancestors deemed anid the Exchequer. The judges of these several it necessary to the faithful and enlightened admincourts performed the circuit duties for the whole istration of justice in fiee, sovereign, and independkingdom, and then, returninc frorm their circuits, ent States, that the judges who hald to pass upon. held their appellate courts, for the trial of appeals their systems of jurisprudence should be placed arising under the respective jurisdiction of their in a situation to become familiar with their reseveral tribunals. They not only did all this, but, spective institutions. And in conformity with the on important questions, combined two of these tri- system, judges had usually been appointed from bunals, to review the decisions of the third —and so the circuit, and required to reside in it, so that mualternating through the whole system. The heads tual knowledge of the practical effects of the varied of these courts were also members of the Committee systems might be brought together in their delibof the Privy Council-a court not in name, but in erations. But we, wiser in our own conceit, or perpractice, of the most unlimited jurisdiction over all haps more reckless of the people's interest, were matters arising beyond the realm. This brief pie- about to lay oir hands upon that beautiful system ture might serve to give some idea of the elaborate and destroy it forever. The very object of the cirduties of the English bench; and yet such was their cuit court was to make the judges familiar with the attachment to the nisi prihis system, that they per- systems of laws which it became their duty to exeformed them without a murmur. Mr. B. had no cute. They mnight acquire abstract principles front data by which to estimate the labors of the Chief the books, it was true, but it required more than Justice of the King's Bench; but, judginf from pop- that for the judges, upon whose decisions hung ulation, and the immense amount of business in their rights of property and persons, and even the their courts, he thought it would be hazarding but validity of State and general legislation. It required little to assume that he presided, at zisi pr-lus, over a practical knowledge of the operations of sysmore causes than the whole of our circuit judges tems, which could only be obtained where they pretogether; and then presided over infinitely more vailed. Books could do much, but they could not appeals than our Supreme Court. This, of course, do everything. Theorists had speculated in books was a mere matter of speculation, but he had given centuries ago that the time would come when the details from wlhich the House could draw its own ingenuity of man would make carriages roll over inference. But, to accomplish this mighty task, the earth by a motive power, and means devised to they had to sit in small chambers, with no extra- scatter news with the velocity of the wind, yet with ordinary displays of forensic eloquence to amuse all their philosophy they could not produce the a gaping multitude. Day after day was not wasted result. It remained for practical men, who perin useless speeches for public applause. But what haps never heard of their speculations, to halrness was the picture in our court? Why, they were the iron horse to the car, and to annihilate space literally invited, through the press, when one of and distance by the ligrhtning line of news. There the distingushed members of the bar was to speak, must be practical knowledge as well as book learnand even ladies attended, in crowds, to witness the ing to make men efficient in anything, and particudisplays of elocution; and that, too, in a case which, larly in the administration of the laws. if rightly argued upon the plain, stern principles of But another position he assumed was, that it the law, could afford no kind of amusement-no enhanced the cost of justice, particularly to the kind of interest to the idle spectator. Whenever distant States from this centre luminary of judicial the press invited them to one of these displays, he light. His remarks upon the increased number of had but one sentiment on the subject, and that was appeals were peculiarly appropriate to this branch sympathy for the client. There was no room for of the spbject. That that would be the result, he ornamental elocution in an argument upon appeals entertained no kind of doubt, and that an increase and writs of error, embracingr merely principles of appeals would increase the costs, was an axiom of law, which were to be settled upon the force of too clear for demonstration. But it would not only precedents and authorities. increase the costs, but operate peculiarly unfavorIf, then, this circuit system was so valuable in able to the distant States, particularly the West. a consolidated Government like England,with how A large class of cases, which could be very satismuch more force did it recommend itself to our factorily disposed of under the present system at diversified systems of laws? Every State had its home, would necessarily have to come up here; own systems, and it was made the duty-of the when the expenses of attending them would be court to regard the laws of the States as "rules of more than the amount involved. Thus, to those decision icL trials of connzoso ltaw,"' where they did States, it would amount to almost a denial of jusnot conflict with the laws of the United States, tice. And what he had said of the western States with treaties, or with the Constitution. How, I applied to the outer circle or distant States in every then, was the Supreme Court to execute wisely part of the Confederacy. Let gentlemen of the the laws of tlhe several States of this extensive distant States look to it, before they bound themUnion if they were to be shut out from the readi- selves to the chir of'centralism and consolidation. est source of intelligence as to what those laws Another reason assigned for this separation was were? That was a difficulty which doubtless sug- the assumed physical impossibility of the judges gested itself at once to our ancestors when they attending their circuits upon such a widely-exteidwere about to enter upon the task of framing a ed empire. Gentlemen who used this argument

Page  7 7 certainly rmust have shut their eyes to that spirit with powers more omnipotent and more unlimited of enterprise and improvement which had so much than any other similar tribunal upon the globe. distin uished their countrymen in the present age. Even Congress, the highest'legislative body in New Orleans and St. Louis were the most distant the land, stood in awe of this mighty power, that points at present, and either was now much more could nullify their acts at its will and pleasure. The easy of access, than the capital of South Carolina, I States and their legislation were embraced in its when Judge Marshall commenced his circuit. As vatied range of powers; and instances were by no the empire spread, the genius of our countrymen means few in which they stood humiliated and rewould provide fiacilities for its approach. So this buked by its rmighty decrees. It claimed to be t[e argument had no force now; and whether it ever I great arbiter between the State and Federal Govcould have, was a matter enveloped in the future. eilnments, and exercised authority betwreen the lBut asain: It required no spirit of prophecy to States and their respective citizens. I-le did not contemplate, in the future, the effect of this newA complain of the powers conferred upon the court system upon appointments. The circuits would under the Constitution, but cited them as a warnbe entirely lost sight of in appointments, as soon in, agoainst innovation, swhich tended to strenlgthen ats the court became a fixture; and they would be that power against the States. Alienate the judges made without any refard to location. When that from the States, consolidate the court in the rnecame to be the case, who was so blind as not to tropolis, and the day was not far distant, when the foresee that the Supreme Court would be the place sovereign ri ht of the free States of this Confedfor the retirement of antiquated politicians, who eracy would be swallowed up in this mighty voraniaght desire to spend the remnant of their days at tex of power. the metropolis? That this would be the effect But if, in dispite of all these high considerations, upon appointments, he entertained no kind of the hand of' innovation must be put to work' if that doubt; and lie, for one, was for nipping the evil in beautiful system of jurisprudence, established by the bud. our ancestorts, must be sacrilegiously torn to pieces; I-Ie said he had thus thrown out brite-ly his then he inv ited the attention of the House to his grounds of opposition to thle consolidation of this substitute, as the best remedy for the repudiated court-and to thiem he invoked the kind consid- system — eration of the Hounse. This court was a vast and [Here the hammner fell, cutting Mr. B. off fiom migo-hty structure urnder the Constitution; clothed explai nti hin s substitute.] Li C)...

Page  8

Page  1 REMARKS OF CHARLES BRO`WN, OF PENNSYLVANIA, ON THE PROPOSED MISSION TO ROME. DELIVERED iN THE HOUSE OF REPRESENTATIVES, WEDNESDAY, MARCH 8, 1848. WASHINGTON RIXTED AT THE CONGRESSIONAL GLOBE OFFICEU 1848.

Page  2

Page  3 PROPOSED MISSION TO ROME. On the Bill making appropriations for Charge des control of human governments. Such, certainly, Affaires to the Papal States, Bolivia, Guatemala, has always been the action of the Government of the and Ecuador, United States. It has never before been made an Mr. BROWN said: objection to the establishment of diplomatic or commnercial relations with any people or nation, that Mr. SPEAKER: I have not risen to pursue the their religion was Catholic, Episcopal, Lutheran, general discussion of the propriety of establishing Mohammedan, or Heathen-that they had any diplomatic relations with thePapalandotlherStates, religion or no religion. We have diplomatic or provided for in the bill; for this has been more commercial agents in countries where all these reably presented to the House by my colleague [Mr. ligions prevail; and one of the last countries, if not C. J. INGERSOLL] than I could do it, if I were so the very last, to which we have sent our commisdisposed. My object, sir, is to notice in a par- sioner, is China, whose religion we all condemn. ticular manner that portion of the remarks of my Yes, sir, this is the first time, in the whole history other colleague [Mr. LEVIN] which relates to mat- of our Government, when, in forming amicable ters and things nearer home than those States, and relations with any people, their religion has been of more interest to his constituents and mine than made an objection; and least of all could it have any mission to Rome or other place. been expected against any branch of the great But before I proceed to this, allow me, sir, to family of Christians. First as it is, the decision put myself right before the House in regard to of this House to-day, I have no doubt, will make some' observations made by me the other day on it the last. this subject, declared by the committee to be out I said, however, I had risen for a particular purof order, and for the utterance of which I was not pose. In his published remarks of Saturday, my permitted then to proceed. I was exlpressing my colleague [Mr. LEVIN] says: strong disapprobatioin of the introduction of any re- "lAm I not right? Look back to the past. I ventured ligious opinions into the discussions of this House5 during the first session of the 29th Congress to tell our sister or elsewhere, as connected either with our foreign' States of the South that a cloud was gathlering over their soil. I knew that the Jesuits were actively at work, ready or our domestic relations. I said that the Constito seize upon aniy question that threatened to shake the tution of the United States, as well as the consti- Union or lead to its dissolution. tutions of nearly or all of the States, prohibited, I remetmbered tlhen, s I (do now, the encyclical letter of any legislation on this subject; that they required Pope Gregory against slavery-not in Spain, Portugal, or no reliious test for any station under them, and, Italy, but slavery in the United States! I remember, too, that it was followed up by Daniel O'Connell's celebrated in fact, both by their spirit and letter, intended to letter to the repealers of' Cincinnati, in which lie told them, guard against their introduction in any way into, Where?/ou have the electoral franicahise, give your votes to the political affairs of the country. I condemned cnone but those who will (tsiSt you ito Cam-ryitg oet thepious their intodtion anon us anywhere, as men'intentions of his Holiness the Pope.' their introduction among us anywhere, as incen- " Sir, 1 quote hiun word for word. Here was a double diary. And, sir, was I not right? Are not the appeal. As sitidects of the Pope, you must advocate repeal, pages of history filled with the nmelancholy record, alnd as mnembers of his CLLTLrci, you must oppose slavery in the that iln all countries and ages, wherever religion Unitd State altlhllFh the Popes of Rune lasl given it their pious countenance and protection for a period of fourhas been the ground of political contest, it has teen Ilundred years. kindled the fires of discord in the hearts of brethren,; O'Connell had filt thes aid that abolitionism had given of the same family and country, and drenched the lim in Emigelnd. He hail over calculated its power and fairest portions of the earth with human blood i nfluence it this country, and yet le was willirg to colnbine the Ihish Catholic;tand abolition vote in the Utniteds States, in Who call read the fearful records of the millions order to hold the salatce of power, and bring both in subjecwho have been sacrificed to religious bigotry, and tion to the dictation of the Pope of Rome! for religious supremacy, and not shrink from any- "At tle Cl'iit a body of patriotic Asleans at the North thing that would rekindle their unholy fires in viering soothe n.rillt nntsocithern institution, as a palt of thit~~~o5 ~.. Jsdzereic.ms risghts and amnericae institutions, planted thernthis our happy land? selves in selt-defence. They resisted the riglit of' the Pope It ever has been, is, and I trust ever will be, a or his detnaeogure to interfere with any Americani institution; deep and abiding principle of the American people, which existed under tile Constitution of their country. They called public meetings to denounce this wvaniton and and of theirGovernment,that the religious OpilOiOss gloe noutrlge; andl it was under such lcirellllltaneets that of mankind are above and beyond the scrutiny and ten Amterican citizens wvere shot down it cold blood, by the

Page  4 4 advice and counsel of the very Jesuit prifst'hood whom this whether they are to be thus sold and transferredc apflropriation proposes to enconlrage in their murderous to the Whi party of the South, as for or against assaults upon the lives of the native-horn sons of the soil. rl "Sir, the Jesuits are busily at work. Driven out of slavery. These official records prove clearly, that France, Portugal, and Spain, they aire making their stroeng- if the Jesuits have been busily at work to introduce hold here in our midst. Tie provisoes andt firehrands flutng those ":' firebrands and provisoes " into this Hall, here into this Heonuse day after day are traceable to the secret the entleman himself and his Native American operations oftthat order, which is now strikingJor the mastery of the world." friends have been giving them very efficient aid. From these remarks it is appar ent enough that But he refers to the letters of Pope Gregory and the gentleman is now very desirous of forming an O'Connell, and says the Native American party, alliance with the Whig party of the South, and for or, as he calls them, "a body of patriotic Aerithis purpose is endeavoring to prove to his new cans," called public meetings to denounce this wanallies the long and active friendship of himself and ton outrage, this interfe-ence of the Pope and his his Native American party for their rilghts and demagogue, with American institutions. Now, interests. Indeed he would have them believe that sir, there is no more truth in this assertion than in he and they were their only advocates and defend- their opposition to the Wilmot proviso in this er at te Noth aainst foein o domestic a-House. It is too notorious to require proof, that ers at the North against foreign or domestic aagression. To show the sincerity of their zeal for nearly f not quite all the leaders of the Native wression American party in Philadelphia, and most of its southern rights, I would call the especial attention of tlse southern members opposite to some curious members, are Abolitionists of the strongest charfacts to be found on the records of this House. On acter. Meetinh s may have been held by the genthe 3d of March, 1847, a little after the gentleman tlemat and his party, but they were not to sustain tells us that he warned "our sister States of the southern rights, but to denounce foreigners and South that a cloud was gathering over them," the Catholics. But more of this hereafter. It wa first of these' FIREnRANaDs"and' pxovoess thet not the gentleman and his Native American party that thus met to repel the abolition notions ofP he says have been flung into this House by the Jesuits, was offered by our colleague [~Mr. \IILnIOT. ] -O'Connell, but the Democratic party, and among On the 501st page of the Journal of the session m and foemost were many ri Catholic Democrats. of the twenty-nilnth Congress, the" W ilsmsot Proviso" crts. will be found recorded. And dlid my colleague [Mr. "All of vlich I sawI,and part of liehich I was." LEvIN] tell his southern fiiends that this was the TIle gentleman says, "uice hoe lived to see the cloud that he had warned them the Jesuits had Bible drivenP foISE oat ptblie secools e11 e BURNT I prepared to overwhelm them? Did he oppose it THE PUBLIC STREETS." I suppose he refers to then, as he says he did? Oh, no. He inot only let Philadelphia. the cloud burst in silence on their devoted heads, Mr. LEVIN was understood to say he referre but, as the records prove, he-LEwIlS C. LEVIN-1 Mrostly to New Yotk. and all his "Native" friends oil this floor, to the Mr. MURPHY denied that anythino of the number of five or six, recorded their names in its kind hIad ever taken place iW New York, favor! Were they influenced by the secret opler- Mr. BROWN continued. Well, sir, if my colations of the Jesuits? Does he charze my cil-league refers to the Bible being burnt in thestreets, league, who proposed it, with acting under the influ- or treated indecorously in Phliladelphia, I proence of the Jesuits? Or was lie acting under their nounce it altogether untrue. No such thing ever influence when he himself voted for it? Thus stood ccurred there. The only desecration I ever saw my colleague and his iNactive American party about or heard of it, was the gentleman and his party, a yertr a0o; atnd how stand they now? on the 4th of July, carryin- it through the streets Within the last two weeks I have received what as a part of their celebration. Once, and once purports to be " instructions" from a very tespect- only, they did it; for the public indignation was able body of gentlemen, representing half my dis-. uh that they did not dare to do it agamn The trict, called Commissioners of Springl Garden, all -meaning portion of the community did not of whom are pute, unadulterated Native Amei- tvaht it to be desecrated by beig paraded throun h cans, and in intimate political brotherhood with the streets by men who paid no attention tots my icolleaue. They read thus: precepts, but whose whole conduct was at war my"Resolve TV"VC` atorine ae eree aivei:nrswith the charitable, tolerant, and benign doctrines L"Resolved, That our iminmediate Representative in Congress, ofits Author. Charles tBrowln, be requested to use his influence agaiinst theit execution of any treaty, by which territory nay be acquired Wherever the question of its introduction or to this Union, if it do not expressly prollibit slavery, or in- ietention in the public schools has been agitated, voluntary servitude, (except in the punishaitent of erine,) the records show the fact, that a majority of those forever in sucha territory." swho opposed either were Protestants and not CathMr. B. continued: Have the Jesuits moved olics. The only question that ever was seriously these Native American commissioners to send this agitated was, how lfar it was to be used in the "firebrand" into this Hall? I think, before the schools; and among those most opposed to its southern gentlemen on the opposite side enter into general use as a school book, were those most realliance with my colleague and his Native Arneri- spected for their religious character and conduct. can party, they ought to have these matters ex- They said it ought not to be made so common, but plained. Or, it may be the Native party, if any that all the religious teachings of the young should such party shall be found, may require some ex- be by their parents or theirchosen spiritual instructplanations also before they are transferred to the ors, and not by young school teachers, selected South. Certainly my Spring Garden constituents, merely for their literary and scientific attainments. who have instructed me how to vote, will require When my colleague, therefore, charges upon the to know of my colleague cwhy he charges them Jesuits the burning of the Bible, or expelling it with acting under the influence of the Jesuits; and froim the public schools, so far i s Philadelphia is

Page  5 concerned, hlie speaks against some of his own Pro- ready to explain away his ainsinuations anainst testant constituents and agiainst facts.5 Mir. Buchanan. The fact is, the gentleman does The gentleman has endeavored to prove upon not seem to understand the purport of his own the Pope and the Jesuits the design of obtaining words, Ibut I think the House does, and will apprecontrol of the Government of the States, and thus ciate fully his knowledge of Jessitism-. establish thie Catholic religion as the law of the As I never heard of this circular before, I have land; and has given us at some length, for proof only to say, I do not believe one wortd of it. I of it, his version of a pamphlet, or circular, which have no doubt it is of a character similar to the he says was handed by Senator WVestcott to Mr. rest of my colleague's facts and charges againist Buchanan, and by him suppressed. the Catholics and Jesuits, got up for electioneering Mr. LEVIN asked leave to explain, purposes, and manufactured, in whole or in part, Mr. BROWN. Certainly. by the gentleman and his party.` Such was proved Mr. LEVIN said he had not charged Mr. Bu- to-day to be his quotations firom Schlegel and the chanan with suppressing it, but only said he had encycle letter of the Pope, and such was known to lost or mislaid it, and could not find it. the gentlemrnan and his party to be all the stories Mr. BROWVN. The gentleman, Mr. Speaker, is told,(and sworn to, too,) in 1844, against Governor very ready to explain away the direct purport ofhis Shunk; and such, no doubt, was the character of words-ready to explain away his allusion to our the circular, which, I presume, Mr. Buchailan is colleague [Mr. INGcERsoLL] and the Jesuitsf-ready to be charged with having suppiressed at the instance to explain away his interrogations to myself in of the Jesuits. rielation to the tinder-box-ready to explain away I now comer Mr. Speaker, to the main object I his fraudulent quotations firom Schlegel,} and now had in view when I rose, to reply to that part of my colleague's remarks which charges upon the ~The following extracts from tie report (1844) of the Jesuit priesthood the commencement of those Board of Controlters of the Public Schiools or tie city and sceties of outraze, murder, and incendiarism that county of Piilarltelpti, co.nposed, as the Board was, of near- is.aced and desolated portions of Philadelphia. ly an ((tilt ninhber of' eaci of the respective political parties, anid of various religious sects, and all geitleinen of tile Sir, I assert here, without fear of contradiction, highest character, settles thile qacstion autloritative'y: that my colleague has not a particle of evidence to "The Controllers Ihave observed with sole degrce ofrisu- prove that any Catholic or Jesuit p-iest had any, prise, that very erroneous impressions mprevail in the pubhli the least pa in oducin them. te contay, mind, il regard to what is termed a desire or an attentpt to rt'discontinue tihe ue of the [oly Btible in the piiblic schools they stand before the world, after the most searcho of his disrrict. This iiinpressioii is erroneous, so fitr as re4 gards anvYaction inn the Board of' Controil, watchl is tile onlYv garde Iy action ini tthe noaid ol Contirot, v~iiehi is the oly rtlical teteer against slavery in the United States. Nowy sir body having authority in the rmatter ofl the use of hooks ill'the public -chiools.". * * * there is not roie word in this letter in relatioii to slaverv in "Ithre pubicsbeenands fin dt iorst i thle UJiited States. Th'lie allusion in this letter refiers to thia " It his ee, isd ir futtiilyd toall tur lchools it he slave trale between the States of South Aierica osit AfriIbven, and is, read in them daily. lNo attemp /has ever been'seedsn~e hi1 Oflz one~ ine t/ns wasoad noar lazes the Centroltsrs cisc ca, ana av hai a reperitisii of thie scn lasit of' enhigiltene d I gnade hi/ aniy one. in this Board, nor h,ive tthe Controllers ever a V'been inkcd by any sect, person, orpersons, to exclude the Bible men ut every seetioi of our country, north or sooth, coniteiniJrioea the schools uLander thear irE." slnatmory oftl:dtt inhuliaian traffic. A bolder attesipt to palm off misstate lments upon the credulity of this House I have never fFrora the Debates of the House qf Representaties, of March witnessed. 8, 1848 Conressisional Giote page 439. iLMa. tsGEeSOat Mycotai, pllaSorter ie [i say, in las9 * From the Del)tts olf e tbrs Hoause of Rcpresentates, ofIorce abuse or the Pope and of tile B-ishop, hestowedt no few l- 8, 1848, Congression l Globe, page 441. edictionis upoii thle Jesuits. I do not kiow whether my Mr. LaviN. " In 1843, whlien the Pope is.-aed his encollheanue ever saw a Jesuit. cyclical letter against slavery, arid Daniel )Cowinell pub"Mr. LEVIN. I t[lin I see one now before me. lishtd Ihis larsiliesto, calling upon Ithe Irish Cathlolics of the "Mr. ISNERSOLL. tS that intended as a personal insult? Uniited States to carry out the inteintions of the Pope at the Mr. LEVIN. Certainly not. allot-box, (for you inut take thleim in connection as illus-''sr. I NOERSOLL. 1 neither give nor take insults; that is tratinsa tile real diesii-ns of the Pope,) hlie eallld togethler in my rule." the city of London the imost influ:intial and wealtlhy ino.ian Catholics, fur the Iurpose of fbriingii an assmci.iioan hayviia From the Dehbite of the House ofRepresentatiriestofarOceh for it, avowed object tht- ovorthrow of Protestant rigl'ts and 8,1845, C18 iiogression ial Glohas p0se 44. Protestcn-rt ti freed m ii tle Utnite d'iStates. A circ i, or Mr. MAcLAY inquiredt if thle followingi extract [from Mr. pamphilet, ws iprepisil, whlich was dtexterouly aind judiLEVIN's ptublished remarks] was correctly reported: eioiisly distribiuted. Sir, there has been and there is a s!lstemtic cffort now'Th" documeint to whtich I allude was obtainked witah some going en to overthrow Amerieca rightts aiid Amierican inrti- difficulty by a gentleinan-a citizen of this ceuntry — who tutions by thile means to whichl I ave allucded. Theire are wia- then in Lmndoin. It was lianded liv hirn to a distinthose wiho hear me who know flll well that, a tew yiears gisiohtd Stnator of tile [Jited States, (M'r. WESTCO'rT,) by ago, a distinnaished G-risan historiatn dtlivered a course of whotirn it was pla ed i i the hands of'Mr. tinechanan, the Seelectures Iefore the Eiaperor of Aulstria and the nolhilitv of retary of state. Far be it Frioa ine to charge the Secretary that country, in wlhoch ie uitlndesrtmak to showv that Europe's of State withl the suptpres-inn of' thiat docuiait. Burit it ihas thrones woulntl remain insecure sot long nas this ex;ansHie of beh n lost or reishaid; and as it is tlhe only copy of' which I ftree g:ivernirnent existed in the Unirtd States. Hisi Iatae have iieard, t hope thait I may yet have an opportullity of was Selilegel. it hist eighteerntli Ihcturme he proceeded to laying it before the country." show aow to give solidity to the thironries of tyrants.' Send your refuse populationa' said he, to tise'Uiitad States Froinom the Ph/iladelphia " Sparit ofth.e Times," _r iarch 13,1848. under the control of the Jesuits.. Thrv v will keep the for- WeT iv may as well sirntitin here the fisct that Mr. Levin seigi population separate and alitinat from the American. referred it his spi:eeh to Simnator Westectt, as h:atviag reThey will prevent amnalgramai tion, and a dislinet paiitical ceived ainl sent to Mir. Buchanan a pariphllet, shaowmna that;organizatioi mar be formi01. THEIR BALLOT-BOXES ARE OConnell, urnder direction of the Pope, had hr:ned tlie deLEFT OPEN! YOU.RE INVITED TO TAKE POSSESSIO N OF Si'ln olof Viatrtillr Oii hall)t hboxes, and thus estatlishin,. thie THE~i! I)o this,' said hse, and the — ork is done "!" Catholic religion in this country! Now, wye aire as.ured by Mr. LEvrI read thie extract, aiii said it was. a g'n:leiati fiti'o Wa-hain _tro, whio has conversed with Mr. Mr. MACLAY. t assart that there is nio such passage in Westcott. that all tlii is a sheer fhiabricatio.'she pamphliet Schleg.els eighteenithi ilectre, nor in riy otliher. I hav tile alludedl to has no refirence to O'C(onnell, and was niothing ciglhteeith ands other lectures in imy hand, aid defy tle gen- more tlihan thei f'othy outpouring ofta fianatic hby thie aine of tiemian to verifyI his quotations. Aaiga the genlleman i n W s;ight, anld was imoesftlyi lled nith extractsifromil De'Tocquehis speech, speaks of the Pope's hlaving publisheld an ency- villes veork on this country."'

Page  6 6 ing scrutiny by our courts of law, and at the bar it was that be.an in Philadelphia to preach effectof public opinion, completely vindicated firom any ively a crusade against foreigners and Catholics. such imputation. For some years previously, he had been dclivBut, sir, I will tell you and the House to whom ering temperance lectures there, and I am firee to they are chargeable. To the gentleman himself say no doubt had done much good, and had thus and his Native American party. They begun gained the confidence and regard of a large.lass of them, and they carried them on to their end. citizens. When this subject began to fail him, When were they begun, and by whom? Was he turned his influence with the people to politiit not by a party of Native Americans leaving cal effect, and changed his lectures on temperance their own homes anid assembling in large numbers to addresses against foreigners, and particularin the very midst of a settlemnent of Irish Catholics, ly against Catholics and the Catlholic religion, and there, in the most outrageous manner, reviled spreading throughout the community the most intheir country and their religion, in termsthat would cendiary tirades ever promulgated by any man in have aroused to deeds of violence any American, if the daikest ages, and based upon as unfounded utteredagainsthiscountryorhisreligioninaforeign charges. Nor was it by addresses alone, but land? Those Irishmen, itis true, may not have been through a newspaper called the "Sun," he also in thle possession of the best disciplined feelings or uttered, from day to day, the outpourings of his language; yet with all their religious zeal and fiery spirit against foreigners arid Catholics, unworthy temper, they bore all the taunts and revilings of of any age and any people; thus maddenin0 the those who had come there to provoke them to a minds of- his misguided followers, and causics all quarrel, nor offered any violence to any one until the bloodshed and incendiarism that followed. they believed tlheir dwellings were attacked by the And what apology or explanation does my colmob assembled in firont of them, and who had league offer for himself and his Native party, for threatened them with violence. Sir, the fact is all this destruction of life and property? He says: beyond dispute that such was the ieginning of i lt is known to the eoontry, thtat at a time when the riglhts those acts of violence, and that the first shot that even of the Irish Catholics iin that distriet were invadtedwas fired was in the market-house in Kensing- tta, sir,ditr tiev Itat caivertet the clitreli of St. Piilipde Neri into a garrison-(tiidt it surely ceasedt to be a ctrech and ton, where the Native American party were assea- becamte a grrisroni when armn ard al annmunition were plt;eed bled. wvitliain its walls). —whcn thiusstripped of its wnhetity, who deThe Catholics were not holding meetings for any feinded and protecited tliit fortress thus prepared to vomit 6 ~~~~~its flamnes upon American c'itizvrns? I answer, the Native purpose, at home or elsewhere-they were seek- itm fricas Evto y Atniti ri c eitizens? t aneroi, th! e adtive A meretai.ns. EL rythinrtg rd been rlone to iriflti re rit ining no quiarrel with Natives, but all attending to fitriate thile people. Tile " Hibernia Greerts," with loaItded their own business in a quiet and peaceful manner. tmistets, were placed withiti that consecratedr brhtlitnl. At Why should they or their priesthood commit anll this nornent trat noble-tert teS arid patriotic iiini,' thoiars outrage? Theydidi101t doiti. Atnotimelidthey t). Grover, called at my house, and iasketd ie to accomipliny him to thrat scene, itn order tihat I might ail in savini the assault any Native, nor destroy his dwellini,z nor lives of tiihose mte,i and preserve the chirich froti de-trucassault or- destroy any Protestant church. No Na- tion. vWe well knew thatni the character of a ciurecth is its tive was killed but where the dwellings or churches ibst protectiut. If that vilt not protet it, arins aver witt of Catholics were beim5 assaulter or destroyed.i this comntry. When we walkedt to tihe r~'ar oi the church, hwe binai)1d two callflol-t loaded to tile!llllZzle, Clo o{' tilll so ThIis could not have been, had they been acting of- wilied asi to enter the wi rndow. T'homas I. Grotisr iniionted fensively instead of defernsively. These facts prove the one, I stepped upoi tire other, placing mry font uponr the toiwhhole~jwst as thtay were about to apply the., torch. I then. stronger than words, that these outrages we- tothe r ere rotto ap t toch te pror'lrirried thtat if' thit chtirch tillt, I would fill amidstit its begunr by Native Americans, and caruried on by ruin. pletditd fo tle s afety of tie Iomiatn C rtth{ -ii altar. thenm alone. Nay, sir, more than this. ThIe first I succeededr, with tihe nid of the Native Atnerietnn of tire act of outrag e and murder, the first dwelling and disti ict, in allt'yi". tieh- p',pular exciteetntit. Wte arsried off the gu-tns. ~Ve saved tilt. church; anid there it stands; a church that were burned, and all that followed ti ai. e - t he; ad ee it tad mon ument of the proifretive power of Native Amer'icans. them, were more attributable to the gentleman e entered the sement ofth e i t buildit o, ive Andir-ies as [Mr. LEviN] himself than any other person, if we wvre, til we hor iin tot-ncli, ai ndtlierewf(inD:' tiiierthey were trot attribtutable to him altogether. H toe box,," ifhr matchres, and all needful preparation mande to set t o1i fire.' Under a law of the State each county is to pay bor all This story of the tinder-box and matches having properi'y destroycd withiin its linmits bya seob, snbject, trow- been found in the ibasenent of St. Philip's clrhurch,. ever. to tile Ifollowing, nniong other provisions, viz as told hy the em is a miserarle explana-;; No per:on or persons strrlt be entitl-d to the bniefits of t y te entlean this ait, if it sihall appear that tile destruetin of iisor tieir tion of his interrogatory to nme on Satntrdary last, property was icaused by Iris or theiir illegal or ilpropeer coii- wtile speaking, and a still more misetraile apol-cgy (duet. 6 —P) rdon.sLtigesteof-Pernsylvania Laws, 7t/eitioe, for thIe chargel he ronw hanogs upon it, threit with tI' ce. tisac60. these the Catholics intended to set fire to their ownv Under telis law, claiims for, property destroyed by lhe Native Amierican mirob tof'1844, viz: for two CatItalic etlirrehn, ci rchu. Why shouldt they have tdone this? Had two (]atmoliresetnho rosesi i and aH rie nruibi,. oi' mwe.llirgn ltot the Catholic chuliches in Kensington aund in anit tiir cont-nts, all stnvireet or ar-upire by Cathiroics, th. city both been fired and burnt to ersies bCefrtre have beenr tltroi..lirty investigated iv tie court ard jitries of ti i ti f-e of te o y tie Nitie A eriPhiladel rthia, and in no ciase ias there been a sthadow f s te f ace o the word by the Native Ameriproof tlt it e drestruction of any of it v was caused by tile canrs? Who had denied this? No; the tonrch of illenal or islproper eonduct" ofanyry" Jesuit priest,,' or ath- thre incendiary was not lighrted at a tinder-box, olic if-nay At(itriri Ot tire contratry, tiey rave been s llov- b)ut at a fire kindled in the heairts of hadl men by ed to tire airut of.................... 04.0 the t ngs of the..entleman [Mr. L..YIN...-Ind Supposed Yyet to be assessed...................... 50.000an [Mr. Lv] hIis fiiends, anid lie is haird prtshedl fit-r an excuse ~~,254,750 s for' the attrack on St. Plhilip's chinc(h whlen Ie I wrmtld also mention, that in'dependenmly of all tile sums for Lhe attack on St. Plfifip~s church w en lie I'ai niritit t etntt er itoit tt tells us there was a tinder-box found in its eelpaid iv tie ('it, cnarntyt, and districts of Phiiiadelphia to ared en within itsppress ihese riots, the amiount paid by the State to te tr ar, and a number of armed within its walls. engagcd rvas $.53333. Was that an excuse for his Native Amcricars

Page  7 7 friends gathering for its destruction, that there it murdered, I will tell my colleague from the first was within it a tinder-box and a number of armed district, his fi'iends anrd himself would very proba. Catholic citizens? Had they no right to be there? bly have been elevated to higher places than a seat They were in their own house-not there to attack on a cannon or in Congress. but to defcnd-defend their tem ples and their altars Such, sir, wRas the character, and such were the -and who would not defend them? at a time, too, doings of the Native American party that the genr when armed bands of thousands roamed through tleman says " have been scorned and abused bethe streets burning churches and dwellings, and cause they loved their cottatry better than they did murdering citizens, unrestrained by law, and ap- party." They love their country better than party! parently without the fear of God or man.'Was it Why, sir, fiom the first rise of the party to the a crime, under such circumstances, for these mien present day, it has been held in the market by its to be there? leaders, and again and again sold to the highest bidThe gentleman also tells us of his exploits in der. The records of the country will show how the saving the church and those within it; how he and leaders have held themselves for sale, and have achis friiend, Thomas D. Grover, had harangued the tually sold themselves to the Whig party, like cattle mob assembled for its destruction,and "pleaded for in the market, transferring theirvotes by hundreds its safety;" they even mounted the cannon pointed and thousands to certain Whig candidates, and in at its windows, which, but for their timely inter- return receiving in payment Whig votes for cern ference, would, in a few short minutes more, have tain of their candidates. This bargain and sale of blown it and all within it to atoms. Who brought the party has been too notorious to need proof; these cannon there? Were tlhey not the Native and if it did, the records of all the elections in and American party, of whom the gentleman was the about Philadelphia for the last few years bear amacknowledged leader? Why was that mob there ple and shanmeful evidence of the fact. to destroy a Catholic church, filled with Catholic MAr. LEVIN asked if there had been any barcitizens? Was it not to carry into effect the teach- gaining in the third district. ings of their leader and hils associates? Let the Mr. BROTWN. Yes! These very Native world judge. The gentleman says he quelled the American commissioners of Spring Garden, who mob-he mnounted the cannon-he placed his foot have taken it upon themselves to instruct me, hold upon the touchhole just as they were about to their seats by the purchase of hundreds of Whig apply the torch, and thus saved the church and votes, and giving in payment hundreds of Native those within it! Did he? Then let me ask him, votes to the Whig candidates for Governor and to whose voice did a mob ever listen, but to that canal commissioner. Yet, in the face of all these of its leaders or associates? or who ever controlled evidences of selfishness and corruption, and in the a mob but the men who made it? No better tes- ficeof his attempts now to transfer the Native party timony could be had to prove the author of that to his new allies of the South, the gentleman has mob than to knowv THE MAN who quelled its thirst the assurance to tell this House, that they love their for destruction and blood; who, amid its cheering, country better than party. was carried away in triumph, mounted on its can- My colleatue on the other side of the House non. [Mr. DIcKEz] says, " there is nothing in our State Shortly after this dispersion, the mob gathered'Constitutions which prevents the Catholics when again for the destruction of the church, or to make they aet the power through the ballot-boxes, from battle with the police and citizens assembled for its' establishing the Catholic religion in the States; protection, and then and there it was General Cad-' and when they shall have obtained the majority, walader's troops fired upon them and captured these' what security shall we have against it?" very cannon. There is an old saying, " when the sky falls we But, sir, why did the gentleman and his fiiends will catch larks." What security have we that interfere to save St Philip's church? They had the Methodists, the Episcopalians, the Baptists, not interfered to save St. Michael's nor St. Augus- or the Presbyterians, may not get the controlling tine's. They had not appeared before the mob in power in the States, and establish their own reliKensington, when their guns were pointed at the gion?-a majority of whom are increasing much Catholics and their dwellings, though they well faster in this country than the Catholics, with all knew of it all, and by their interference could have the importations from foreign countries so much easily prevented or stopped the burnings and mas- opposed and dreaded by my colleagues. sacres there. I will tell the gentleman why he In past ages, when the spirit of the Christian stopped the destruction of St. Philip's. The public religion was not well understood or appreciated, it mind was aroused from its lethargy, and the people is true the Catholics did aspire to political dominthroughout the city, and county, and State, were ion, and in particular countries, persecute those recovering from the paralysis into which the first who differed firoom them; but if we look also to shock of these unnatural scenes and doings had the history of the Episcopalians, of the Presbythrown them, and were gathering in their might, terians and other Protestant or dissenting sects, to bring to justice and punishment their authors. has not the first of them sought and exercised Churclhes and dwellings had been laid in ashes, political dominion also, and have they not nearly and valuable and innocent lives sacrificed; the all persecuted each other? Have not the Episcomob was increasing in numbers and audacity, and paliatns persecuted the Catholics and Dissenters its leaders seemed to revel in the enjoyment of un- in England? Have not the Presbyterians, on our controlled power of doing evil. My colleague, and own free soil, among the green hills of New theotherleadersoftheirparty,saw the risilngstorm England, persecuted those who dissented from -sawtherewasapointbeyond whichtheydarenot thetm? Vl}at security have we, if any one religo; and, to save themselves, they saved St. Philip's fion shall succeed in obtaining the contrlolling church. Had that church been burnt, and those in power of numbers, that its friends will not estab

Page  8 lish it as the law of the land, and persecute all our people? But there is no such danger to be others? The security is the resistance to oppres- apprehended; and there are abundant highler and sion, which has so recently crushed Nativisni in nobler objects to induce us to send our minister this country-which is now deeply moving Italy- there, and to occupy his attention when there. which has established itself in the United States, It is objected that we have no commerce with and which, I trust, will be diffused all over the the Papal States, and therefore need no diplomatic world-r-the spirit that causes men to prefer to suf- agent. In this we have,always been behind Great fer death rather than be trampled upon by religious Britain, She has not sent her agents to look after or political despotism. Other securities will be her commerce in foreign countries, but to lead it found in the more enlightenedl and tolerant spirit there. By this means she has anticipated all other of the Christian religion, and that in the progress nations in the formation of favorable commercial of rmind and conflicts of oplinion, no one religion relations with distant countries, and in extending is likely to acquire sufficiettt strength to outnumniber her commerce everywhere overthe world. It is all others, and tyrannize over them. time the United States should lead. We have AMy colleague draws largely on his imagination followed Great Britain too long, and our commerce to form such a powerful and dangerous combina- and our character have suffered too much by playtion as he has done, under the direction of Mr. ing second part to our more enterprising rival. Pollk, to purchase DemIocratic votes artd spread The awakening everywhere over the earth of new the Catholic religion over the United States. sources of commerce and of new political ideas, Browrison's lectuies, a conclave of bishops, and demand of us to send our agents far and wide, and the treaty with Mexico, have all been drawn upon have them wheatever an American citizen or an to carry out the idea. There is not, arid ought American flag may be found. Tlie cost is nothing not to be, any party political question involved in compared to the advantage that will ultimately those missions. Mtr. Polk, it is to be presumed, result to us and to the world. recommended them because he thought they would Independently of all commercial advantages, promote the interests of the country, and not that there are other and higher grounds for sending a they wsould aid any religious or political party. ninister to Italy. Where is the Americani heart The Catholics are not all Democrats. In Ohio that does not beat in unison with that of Pope Pius they were asrayed not long sitice against the Dem- in his efforts for the amelioration -of the condition ocratic party, because, I suppose, their political of the Italians? Even supposing, as has been said, feelinigs were that way inclined. In other places that he proposes no spiritual, and but little political over the country they are divided between the reform, are not his efforts to improve the physical political parties-most of them, no doubt, are condition of his people worthy of American symDenocrats; and if this proscription of their reli- pathy and American support? Yes, sir, there is gion is to be made a part of' the creed of the Oppo- enough, and more than enough, in all that is stilr-ing sition, they will no doubt soon be all such. the hearts and moving the Pope and the people of''I'his attempt of my colleague over the way [Mr. Rome and the Papal States, to induce us to send an DICI;CY] thus to drag this question into the party American minister there,-if for nothing else, to divisions of the House or of the country, to make cheer on, with his presence, both Pope arid peasant, political capital out of it, is deserving, in my opin- who are struggling to improve the condition of their ion, the severest condemnation of both. I depre- country, and again to raise its downtrodden people cate this whole system, come fronm where it may, to the rank of men and fi-eemen. that would array parties against each other on sec- Where is the American that would not rejoice to tarian religious grounids. We have enough of bit- see the Italy of the present day, with all its desertterness now in our cup, and I trust in God we tmay ed plains and ruitled cities-with all its lazaroni, never be made to di-ink any nmore of this poison its sculptors and painters, so sneeringly intruded than has already been forced to our lips by Native into this debate by my colleague fi-om the first Americanism. district-all rivalling again that Italy of classic If, however, it be all true that my colleauces memory, so dear to every lover of eloquence, of have asserted of Rome, that the Pope, cardi- genius, of liberty, and of' greatness? Where is nals, and all else there of Catholicism and Jes- the American that would not rejoice to see her uitism, are combined against us, and forming towns arid cities-ay, even the city of the Seven schemes to overthrow our republican institutions Hills-filled with manly Roman citizens, such as and establish their religion among us, why, sir, it live in out, memory, and to see her barren plains is the very best reason in the world for sending a arrayed again in livinggreen? Where is the Amerminister there to watch at the fountain head those ican citizen who would not rejoice to.see the Roman movenments and make them known to us. Where soldier again on the theatre of the world, not fightare we to send our ministers if not to places so in1g for extended empire as of old, but fighting for pregnant with evil or good to ouir institutionls arid the extension of the empire of fieedom?

Page  1 REMARKS.N LE~iVIi$ CA&SS, OF'IMICMHIGA ON THE PROPRIETY OF SENDING A MINISTER TO THE PAPAL STATES. DELIVERED TN THE SENATE OF THE UNITED STATES, MARCH.1, 1848o WASHINGTON PRINTED AT THE CONGRESSIONAL GLOBE OFFICEo 1848.

Page  2

Page  3 MINISTER TO THE PAPAL STATES. The motion to strike from the Appropriation to require that these should now be extended and Bill the item for a mission to the Papal States augmented. being under consideration in the Senate- The last packet from Europe has brought us Mr. CASS said: Mr. President, I did not intend news of striking and stirring events there. A new to speak upon the question of sending a diplomatic revolution has broken out in France, and no man agent to Rome; and had I not received some for- can tell when or where will be its end. Its appeareign journals which contain a good deal of informal ance is no less portentous than unexpected; and in tion on topics alluded to yesterday by the honor- various other countries upon the continent of Euable Senator from North Carolina, [Mr. BADGER,] rope the people are in commotion, feeling their I should have contented myself with a silent vote wrongs, asserting their rights, and determined to in favor of the proposition. That Senator seemed burst the bonds of oppression in which they have to call in question, if not the sincerity of the Pope, been so long held. at least the importance of the reform which he has We cannot mistake, and ought not to misunderthus far accomplished. stand, these signs of the times. Human rights are Mr. President, circumstances are occurring in everywhereadvancing, or rather, man is awakening Europe which give to this whole subject a new to a knowledge of his rights, and a conviction of and interesting aspect. Undoubtedly the Papal his strength. The desire of liberty is an instinctdominions are neither large in their geographical ive feeling in the human breast; but the practical extent nor very important in their productions or enjoyment of liberty secured against wild licenpopulation. Still, however, they compose a State tiousness is a problem sometimes of difficult soluof the third order in Europe, like Portugal, Den- tion. It was solved here by our institutions, by mark, and Sweden; and which is inferior to Hol- the nature of our society, and by the intelligence land, but superior to Greece. It stretches across of our people. In fact we were always free; and the peninsula of Italy, from the Mediterranean to it was rather the fear of oppression, the fear of the the Adriatic, having Naples on the south, and the consequences of the establishment of British legisTuscan and Austrian possessions on the north. It lative supremacy in our internal concerns, than has two principal ports-Civita Vecchia, on the any actual oppression, which drove our fathers to western coast, and Ancona, on the eastern. It has resistance, and taught that blessed lesson of equal not much commerce, nor are its manufactures or rights, which the world, if slow, is sure to learn, agriculture in a flourishing condition, owing to the But in other countries, under less favorable cirabuses of the Government, and the oppression cumstances, where despotism has entered into the which has prevailed there for many centuries. social system, the road to free governments is beThese States form a temporal sovereignty, gov- set with trials and difficulties. The habits of erned by the Pope, the acknowledged head of the society must be changed, and this itself is no easy Catholic Church. A good deal has been said, sir, task in the old regions of the Eastern hemisphere. about the impropriety of sending a diplomatic agent Effort after effort has often to be made; but expeto an ecclesiastical court. But our relations with rience and knowledge are acquired at every step of the Pope are with him as a temporal prince, and the progress, and, the public mind is enlightened not as the sovereign Pontiff. He has all the rights by the conflict itself. Excesses have taken place, of any other sovereign-the right to declare war, which, while they cannot be justified, find much to malke peace, to conclude alliances, and to do alleviation in the condition of things. Revolutions anything which of right an independent Govern- are made here by the ballot-box, but in Europe ment may do. I do not understand at all, sir, by the cartridge-box. Political intelligence, howwhat effect the ecclesiastical functions of the Pope ever, comes with time and experience, and if it can have upon his rights as the head of an inde- comes with trials and sufferings, its advent is not pendent State. We do not propose to send a the less certain, and will not prove the less efficadiplomatic agent to him as a clerical personage, cious. National struggles constitute a great school, but as one of the acknowledged Powers of the where lessons of freedom are learned; and though world. His functions and position as the head of they may be often checked and interrupted, still a great branch of the Christian church, this Gov- their progress is onward, and the result, we may ernment has no concern with. But with his do- hope, beyond the reach of arbitrary power. We minions we have relations, and policy seems to me are no propagandists. We acknowledge the right

Page  4 4 of all other people to establish and maintain their things upon more liberal principles is in preparaown governments in their own way, content to tion! When a constitution is discussed by the enjoy the same privilege ourselves. This has governmlent and the people, and as openly analways been our principle, and I hope always will nounced,as itis confidently expected! N o progress, be; but we cannot shut our eyes to what is going when the journals of Rome are filled with the deon in the political world, nor ought we to shut our tails of the revolutionary movements in Italy, and hearts against the emotions they naturally excite. commend them to the favor of the Roman people! If we ought not to give them our aid, we can give INo progress, when cannon are openly purcbhased by them our sympathy, and the sympathy of twenty the Jews and presented to their Christian brethren, millions of people cannot but exert a happy influ- formed into a civic guard! Remember where all ence upon the struggling masses, contending for this is, sir-under the very dome of St. Peter's, in themselves, in our day, for what our fathers ac- the shade of the Coliseum, and where an unmitiquired for us in theirs. gated despotism has prevailed for ages. Has freeNow, sir, I do not think the Pope is liable to dom gained nothing, when the Seven Hills themthe charge of having done nothing to meliorate the selves resound with the cries of liberty, and when political condition of the people over whom he the Vatican is open to the complaints and the dereigns. We must recollect, and make allowances mands of the people? These are pregnant signs, sir. for the difficulties of his position. He cannot, The first step has been taken in that career, where under all circumstances, act as he would. He is there can be no retrograde movement. If the Govin the neighborhood of strong military Powers, ernment had the will, it has not the power to stop opposed by principle and interest to political re- it. If it is wise, it may direct it and bring it to a forms.. His people have been educated and lived happy conclusion. But that can only be done by under a condition of things vastly different from convincing the people of its sincerity, and of its ours. And he may well move with a degree of disposition to establish liberal principles, suitable slowness incompatible with our ideas of political to the present age of the world. If this is done, it progress. But, sir, the London papers that I hold will be well done. If not, the oft-renewed contest in my hand, received by the last packet, show that between the few and the many will take place, and he is still moving, and moving effectually. The in these days the many know their strength, and following extracts are from the Daily News of know how to exert it successfully. February 15, 1848: It seems to me the Pope has shown himself both " Advices from Rome, of the 15th, have arrived, wise and a liberal sovereign. Nothing proves' and bring the confirmation of the anticipations his favorable disposition towards political meliora-'we lately expressed. After receiving the opinion tions better than the unquiet jealousy with which' of the theologians in favor of a constitution, the he is regarded by the despotic Powers of Europe.'Pope immediately convoked a secret Consistory, Immediately on his elevation to the chair of St. co'mposed of all the cardinals present in Rome, to Peter, this feeling manifested itself, in consequence'which he put the same question, and whose an- of his avowed determination to reform the errors'swer is reported to be favorable. The constitu- and abuses of his government. It is not a little' tion, in fine, is decided on. Nothing definite was culious, sir, that thejustice which the Senalorfroi e settled, as to the mode of carrying it into effect; South Carolina [Mr. BUTLER] refuses him, Lord' but it was said that a mixed commission, ecclesi- Palmerston voluntarily tenders to the course of his'astical and laical, would be appointed to prepare policy. In a letter just published from that statesa draft of the constitution, which would be pub- man to the British ambassador at Vienna, dated'lished with all convenient speed. Various reports August 12, 1847, to be communicated to the Aus-' were in circulation: some, that there would be trian Government, he says:'two Chambers; the higher consisting of Roman " er Majesty's Government have received no princes and cardinals; the second, the members information as to the existence of any such'of the council of State, &c. Cardinal Lambrus-' scheme as that which Prince Metternich men-'chini, supported the measure, as being quite in-' tions in his second despatch as being planned for'dispensable in the present state of Italy, and the' the purpose of uniting the now separate States' only means of establishing union and concord be-' of Italy in one Federal republic; and her Majes-' tween the superior clergy and the people."' ty's Government entirely agree with his Highness ROME, Febrin thinking, for the reasons which he assigns, Romp, F-ebruary, 15. ( that such a scheme could not be accomplished. "The journals of this morning have come out' But, on the other anld, her Majesty's Govern-'with red printing ink, to glorify the three consti-, men have been convinced, by infMrmation which tutioncal charters of Turin, Tuscany, and Naples.' ment have been convinced, by information which 6tutiona charters of Turin, Tu'cany, and Naples. has reached them from a great variety of quar-'The Pope sent yesterday a circular note to every ters, that deep, widely-spread, and well-founded' Cardinal in Rome to attend at the auirinal, uand' discontent exists in a large portion of Italy; and'though the Consistory was secret, its object is not when it -is considered how fill of defects, and'doubted. Cardinal Patrizi, the vicar general of how teeming with abuses of all kinds, the present Rome, a retograde and narrow-minded ascetic, system of government in several of those States,'has resi~-ned his office, and is succeeded by Car- and more especially in the Roman States and in' dinalOrioli, a man of enlarged understanding, and the Kingdom of Naples, are known to be, it canconversant with human nature.'not be surprising that such crying evils should "The Jews of Rome have clubbed to furnish the generate the strongest discontent; and it is very'civics with a field-piece."' possible that men who feel the full intensity of The Pope makes no progress towards the per-'the grievances under which they now are, and formance of his promises! No progress, sir, when have for a long series of years been, and who it is perfectly known in Rome that a new state of' see no hope of redress from the present rulers:.

Page  5 ' should take up any scheme, however wild, from' which it would be impossible for Great Britain' which they may fancy they could derive a chance'to view with indifference.' of relief. " The crowns of Great Britain and of Sardinia " This observation does not, indeed, apply with' have long been bound together by the ties of'full force to the Roman States, because the pres-'faithful and intimate alliance; and Great Britain'ent Pope has shown a desire to adopt many of' can never forget or repudiate claims founded upon'those much-needed reforms and improvements such honorable grounds.' which, in 1832, Austria, in conjunction with Great " The integrity of the Roman State may be con-'.Britain, France, Russia, and Prussia, urgently'sidered as an essential element of the political'advised the late Pope to carry into execution;'independence of the Italian peninsula; and no'and it may be hoped, that if the Pope is encour- invasion of the territory of that State could take'aged and assisted by Austria and the other four'place without leading to consequences of great'Powers, in removing the grievances of which his' gravity and importance.'subjects have long complained, the discdntent Your Excellency will read this despatch to'which those grievances have created will soon die'Prince Metternich, and will give him a copy of'away.'it. I am, &c. PALMERSTON." " But there are other States in Italy, and more This is a remarkable correspondence. The des-'especially in the Kingdom of Naples, where re- potism and abuses of the Italian Governments are'forms and improvements are required almost as distinctly aclnowledged, as well as the necessity much as in the Roman territory; and her Majes- for changes and meliorations, and the beneficial'ty's Government would hope, that as no Euro- efforts of the Pope are commended and approved.'pean Power is more interested than Austria ill As soon as the Pope announced his intended re-'preserving the internal tranquillity of Italy, so forms, the echo spread throuGh Italy, animating' will the great and well-knownY 1 influence of Aus- the people of the Italian States, and exciting them' tria in Naples be beneficially exercised in encour- prompt and vigorous action. A revolution is in' aging those reforms and improvements which will teaging thos refoms and improvements f which wilone progress in Naples, which, if not terminated by'tend to remove the discontent from which alone concessions on the part of the King, must end in concessions on the part of the King, must end in' would spring alny dangels by which that tranquil- the fall of the dynasty, or in'the establishment of a lity is likely to be threatened. lity is likely t be threatened republic. Whatever event may happen, freedom " Your Excellency will read this despatch to is sure to be the gainer by the movement. Tus-'Prince oMetternich, and will give his Hlghness a cany, too, has heard and heeded this cry for liberty.' copy of it. I am, &c., PALMERSTON." And the latest news from there informs us that the In another letter of September 11th, he says: "Grand Duke has given a constitution to TusThe Austrian Government has recently asked cany. The news has just arrived here, (Leg-'andhs T rthe Ast Governmet has recently asked' horn,) and as I write, the fortress is saluting and oand Grhas received the assent of the G sovernment the bells ringing. It is understood to be more'of Great Britain to the principle, that the sevelal democratic than that of Piedmont; indeed it could'States into which Italy is divided are entitled to' not well be otherwise as there ale not the led' defend and maintain their independence; and that ments for a purely aristocratic chamber in Tus-'this independence ought to be respected and to cany. I avail myself of a steamer startin, fo' be held inviolate by all the other Powers of Eu- Genoa to send this." And the King of Sardinia,'rope; and her Majesty's Government, in express- but recently as deeply imbued with the spirit of coung ter wiassent to this indisputable poposition, despotism as any sovereign in Europe, in a procla-'coupled with it another, which they conceive to mation issued on the 8th of last February, recogbe equally undeniable, that every independent nizes that "THE TIIES ARE RIPE FOR GREATER'sovereign has a right to make, within his own TI-NGS," an admiSSion which is itself a pregnant dominions, such reforms and improvements as proof of the progress of political reform, as already'he may judge conducive to the welfare of the made. He lays down the programme of a consti-' people whom he governs; and that no other Gov- tution based upon a representative government, and ernment can be entitled to forbid or to restrain with limitations and guarantees which will ensure 6 such an exercise of one of the proper attributes mu6h, and provide the way for much more. He' of independent sovereignty; and her Majesty's concludes with this remarkable paragraph. I have' Government are convinced that the Cabinet of heard sentiments less liberal in places they would'Vienna must be ready to acknowledge so plain a quite as well become as the court of Charles'political truth. Whatever reports, therefore, may Albert:'have reached her Majesty's Government as to'late transactions and recent diplomatic commu- "May God protect the new era which opens to 6nications in Italy, they are persuaded that the our people; and until they can enjoy the greate Government of Austria cannot contemplate or'liberties acquired, of which they are and will be have authorized any proceedings at variance with deserving, we expect foini therl the rigorous ob6 the principles above mentioned; and that neither' servances of laws in vigor, and the mainterance' with regaid to the King of Sardinia nor with re- of the tranquillity so necessary to the termination gad to the Pope, can the Austria Gove ent' of the task of the internal organization of the'gard to the Pope, can the Austrian Government' have any intention of converting any measures of internal legislation or administrative reform Given at Turin, on the 8th of February, 1848 "Givenat Turn, on"the CHARLEs ALBEbRT.u' which those sovereigns may think fit to adopt in their respective dominions into an occasion for Liberty must often be purchased by sacrifices; ~ any aggression whatever upon their territories or but when once established, it is worth all it costs. rights. Her Ma jesty's Government, indeed, I am satisfied that the French Revolution, lament-' would deeply regret the occurrence of events able as many of its occurrences were, has conduced

Page  6 6 more to political freedom and social regeneration there are no such relations openly subsisting bethan any of the events, perhaps I may say than all tween these two Powers. Soon after the Reformathe events, which marked the progress of the five tion, an act of the English Parliament prohibited, preceding centuries. It swept away the accumu- under heavy penalties, all communication with the lated abuses and oppressions of ages, and it seems Papal court. That act yet remains in force, and to. have given new vigor to the human faculties as no English representative has since then resided at well as new power to human exertion. Let him Rome. But from the very necessity of the case, who wishes to learn the last outrages of licentious communications have subsisted, though they have power and the degradation of the people study the been carried on through the English minister at history of France before the Revolution. Florence. The British Government have, howNow, sir, it has been asked, why a diplomatic ever, in fact, an agent at Rome-Lord Minto, who, agent should be sent to Rome? For the same rea- though unacknowledged, is truly their representsson that similar agents are sent anywhere, and tive there. PBut this position of things is found to for other reasons, arising out of peculiar circum- be an awkward one, and a proposition is before stances. We have some commerce with the Papal Parliament to repeal the prohibitive act, passed in States, and many American citizens reside there an age of intolerance. Public demonstrations, for longer or shorter periods, led by the study however, have been made against it, and one would of the fine arts, and by those associations which scarcely have expected that feelings so unworthy will always make the Eternal City an object of of the times would have been exhibited in the interest to all civilized people upon the face of British capital, as appear by the following extract the earth. This commerce and these citizens re- to have manifested themselves: quire protection. And besides, sir, we occupy an " DIPLOMATIC RELATIONS WITH ROME.-A nuimportant position in the world. It is proper that' merously attended meeting was held yesterday at we should be represented at the various European'Willis's rooms, King street, for the purpose of courts, where questions are daily arising interest-' petitioning Parliament against the measure for ing to us as well as to other nations. Our Govern-, establishing diplomatic relations with Rome. The ment may need a better knowledge of events than' business of the meeting was opened with a prayer is furnished by the newspapers of the day. Rome' from the Rev. Mr. Thelwall. Mr. Plumtre, M. P., is. at all times of considerable importance, even in c who occupied the chair in the absence of the Earl the political world. To be sure, it does not pos-' of Winchelsea, read letters of apology from the sess much physical strength, but it possesses and' Bishop of Llandaff and several members of the exerts a moral power, a moral temporal power,' House of Commons, who had been invited to which has often been sensibly felt in the world.' attend. Mr. G. R. Clerk proposed the first resoAnd at the present moment the circumstances to' lution, to the effect that the measure introduced which I have alluded have given it additional im-' into the House of Lords was opposed to the Bill portance. The eyes of Christendom are upon its' of Rights and the Act of Settlement, and would sovereign. He has given the first blow to des-'be a violation of the constitution. After stating potism-the first impetus to freedom. Much is' his view of the law, he declared he looked upon expected of him. 1 hope and trust he will not' the measure introduced into the House of Lords disappoint these expectations, and while events are' as one coming from a popishly-influenced minmarching to their consummation, the diplomacy'istry." of Europe will find full employment at his court, Similar cases, they say, produce similar effects, and its ablest professors will be there. Our Gov- and similar feelings produce similar declarations. crnment ought to be represented there also. It is Yesterday we heard the Administration denounced proper that the interest we feel under circum- as a popishly-influenced Administration, because stances like these, should be displayed, if with it proposed to send a minister to Rome, and to-day proper caution, certainly without concealment. we read the same denunciation against the British As to the grade of the minister, I think it should Government, because it recommended the same be of the first class. The Congress of Vienna estab-measure. The world has yet much to learn before lished three classes of diplomatic agents accredited the spirt of intolerance disappears from among to the sovereign or chief magistrate of a country men. But the extract continues: -ambassadors, envoys extraordinary and ministers plenipotentiary, and ministers resident. The Tha s country ias always at war with Romew former we neither send nor receive; the two latter'till Rome hop ed it ever would tinue at them deterter' till Rome was extinguished; and let them deterbelong to our diplomacy. As to charges, they are' mine to have no Popery and no peace with Antiaccredited only to the Secretary of State, and not' christ. The resolution was then put and carried to the head of the Government. Their situation,'unanimously. therefore, is not so favorable, as precedent and nimously position are important elements in the social and Scotland, too, has a little of the old leaven: political systems of Europe. For myself, I shall EDINBURGHi, Februtary 23.-Here,' war to the vote for a mission of the first class, and if that'knife' will be declared against the augmentation fails, for one of the second, and failing that, for'of the income tax and diplomatic relations with a charge. This is precisely one of those periods'Rome." when, if we appear at a new European court, we It is surprising, sir, how long it requires to teach should appear under the most favorable circum- the world almost the first lesson of Christian stances, and I do not think that the difference in duty-that men should be allowed to worship God pay merits a moment's serious consideration when in their own way, and that their civil rights should compared with the objects to be obtained.. not depend upon their religious faith. At this A good deal has been said about the political very moment a great contest, involving this prinrelation between England and Rome. Well, sir, ciple, is going on in England. The Government

Page  7 has proposed to abolish the disabilities which ages' and fanaticism? If the chair of St. Peter is hapof barbarism imposed upon members of the Jewish' pily occupied now by a man whose heart is noble persuasion. The proposition has been carried by'and generous, who forms the hope of Italy and a small majority in the House of Commons, but its' the admiration of all Europe; we see upon the fate is considered doubtful in the House of Peers.'throne of the Sultans a prince, who commenced In the mean time, the Tory journals are attacking' his reign by the celebrated declaration of Gulit and denouncing it as a measure fraught with the' Hane, the basis of all our reforms and of all our most dangerous consequences. The Morning Post,' meliorations; who has abolished the punishment one of the exponents of British aristocratic princi-'for death and confiscation, by putting under the ples, of February 15, says: safeguard of the laws, the life and honor of the "In admitting Jews to legislative power, would6 lowest of his subjects," &c. not the Legislature exhibit a falling away from Mr. President, there are other sovereigns besides'rational Christianity? Does it not indicate, at the sovereign of Rome, who assume the title and least, indifference and lack of earnest zeal for the some of the functions of the bead of the church,'honor of Christianity, if the Legislature deliber- The Queen of Enoland is the legal head of the'ately change the law for the purpose of admitting English Church, and if she cannot exercise Episco-'those who openly deny the truth of Christianity pal powers, she can make bishops. The Russian'to a share in the national legislation and govern- Emperor is the head of the Greek Church, and I'ment? We cannot but answer these questions in believe that this is not a mere title, but that it inthe affirmative. As we view the matter, it is one vests him, in some measure, with a sacred characOf which the just determination lies not wholly ter, which has probably more than once protected within the domain ofargumentation. Itconcerns him in perilous circumstances. Before the diso-'also the religious and national sentiment of the lution of the German Empire, there were many country; and we are not ashamed to avow that, in ecclesiastical sovereigns in Germany, such as the' our regard, the national sentiment of Great Brit- Archbishop of Treves, the Archbishop of Cologne,'ain and its religious feeling are averse from the and others. They were the heads of their respectintermixture of Jewish thought and Jewish char- ive States, and maintained all those political rela-'acter with the legislation to which we must all tions with other Powers which are recognized by yield obedience." the laws of nations. Thbir ecclesiastical functions Allthis intolerance, civil and religious,in Chris- had no connection with their temporal power. tian countries, is in strange contrast with an event It is doubted here, sir, whether the Protestant which took place in Constantinople on the 21st powers of Continental Europe main'tain diplomatic January last, as I learn from a journal of that city, relations with the Papal Government. There is which I hold in my hand. A Papal nuncio had no room for the doubt; none whatever. Projust reached there, and had been received with testant representatives reside at Rome, and Papal great distinction by the Ottoman court. 1 corm- aents are found in Protestant countries. One of mend the following remarks of the Turkish jour- the most celebrated historians of our times, Nienal, which notices this event as the first one of the bhur, was for many years minister from Prussia, kind in the Ottoman annals, to all who see the at the Papal court; and I found his successor there beast of the Apocalypse in the Catholic Church, and in 1837, Mr. Bunsen, a name scarcely inferior to disregard the precepts of the Founder of Christian- the other, in all the investigations connected with ity, at the very moment they profess an exclusive the history of ancient Rome. zeal for the religion he taught: I hope, sir, that provision will be made for send"' Now, what a beautiful spectacle is presented ing a minister of the highest grade to the Roman' to the world by the arrival of a Papal nuncio to court; and that we shall take our place among the' sign a reconciliation between the Christian and representatives of the great family of nations, in Mussulman world! Is it not a decided proof of a city where events of the highest importance to' the sentiments of toleration, which are every- the destiny of the human race are passing, and to'where substituted for the sentiments of hatred pass.,-~_ —. —-* - - - - - - - - - ~- —;-~ — - -~ —-- I- -..

Page  8

Page  1 SPEECHES )No To eI B YAYY, G OF V7RGINSIA, THE FRENCH RESOLUTIONS, AND UP O THE QUESTION OF PRIVILEGE. DELIVERED IN T.tE HOUSE OF REPRESENTATIVES, APRIL 3, 10, 11, & 21, 1848. WASHINGTON PRINTED AT THE CONGRESSIONAL GLOBE OFFICE, 1848,

Page  2

Page  3 REMARKS IDELIVERED IN THE HOUSE OF REPRESENTATIVES, APRIL 3, 1848, tn te Joind Resolutions tendering the Congratulations of the.rnmerican People to the French People. Mr, BAYLY said his pr;ncipal purpose in rising sion which ought to have been one of harmony and was to exhibit, in all its deformity, the character unanimity onwhich he had notheardtheraven, disof the amendment which had been offered by the cordant voice of evil omen of the gentleman from gentleman from Massachusetts, [Mr. ASHiMuN;] Ohio, boding fraternal discord and strife. Having but before he did so, he desired to submit to the uniformly before made such exhibitions, of course House a few remarks in vindication of the motion he looked for it now fiom the gentleman from which he had had the honor to make. On all occa- Ohio and his coadjutors, two of whom, the gentlesions of this sort, when they were attempting to man from Massachusetts [Mr. ASTIMUN] and the institute a national action; when they were insti- gentleman from Ohio, [Mr. SCHENCK,] were leadina tuting a proceeding which would attract the atten- members of the Whig party. What was the chartion of other nations of the civilized world, he acter of the pending resolutions, and of the amendthought their proceedings ought to be marked by ments? Why, they were there as freemen, rejoicdeliberation. He thought the world should see ing, as they ought to rejoice, without reference to that their action had not been the result of a mo- party or local feelings, at the commencement of a mentary impulse, but of calm and deliberate con- revolutionary movement the tendency of which was sideration; and therefore it was that he thought to liberate France and establish a free government that in a movement of this sort the House ought of her people. not to act on the resolution until it at least had un- On an occasion such as that, the gentleman from dergone the scrutiny of the Committee of Foreign Ohio and his coadjutors stepped forward, as is their Affairs. It should, not seem to be at the instance custom, and sougoht to change an occasion of naof any single member not holding an official po- tional rejoicing into a national bickering; and this, sition here, not standing at the head of the cornm- which ought to be a day of unanimity, to a day of mnittee, nor even of a' member of the committee discord. But that wasnotthe worst. When they having in charge our foreign relations. It seemed were here rejoicing that the palace of the despot had to him that it should come before the House in a crumbled into dust, the gentleman comes here and still more imposing form —fiom a select committee, tries to make the temple ofour liberties totter to its to be composed of one member from every State ruin. When they were rejoicing at a movement in the Union, which was the form of committee which their own bright example had originated, the usually adopted when new questions were pre- gentleman comes forward and makes a motion the sented involving momentous considerations. He tendency of which is to destroy that Qovernment thought, therefore, that there was a marked pro- whose eminent success has encouraged the spread priety in committing these resolutions to such a of liberty throughout the world. He does more: committee, so'that they should not blush to see he comes here and introduces a resolution which is them submitted to the scrutiny of the statesmen a libel on an institution of half the States of this of the world. In the political body (the Legisla- Union, and he declares a principle which stamps ture of Virginia) in which he had his earliest les- hypocrisy on every patriot and statesman of the sons, it was the invariable practice, when subjects Revolution. He comes to this Hall and denounces were presented not connected with its ordinary negro slavery as inconsistent with the cardinal legislation,to raise a select committee for their con- principle of republican liberty; and he does that sideration. while sitting under a Constitution formed by States But he had another object in moving to commit every one of which, with one exception, was at these resolutions and the ainendment. He wished the time of its formation a slaveholding State, and to arrest an effort which was made to seize this oc- half of which continue to be so to this day. casion, which ought to be one of national rejoicing, He comes here and tells us that Patrick Henry, and turn itinto oneof domestic discord. He was not whose eloquence he complimented, who did more surprised at the movement, however; he expected than any other man to rouse the American peoit. Having been an attentive observer of the pro'- |ple to the revolutionary struggle, and to prepare ceedings of this House, he had never seen an occa- them for its coming glories-the man who pro

Page  4 claimed the sentiment, " Give me liberty, or give time, and yet no other State undertook to say that me death!"-he has offered a proposition which its bill of rights abolished slavery. says that that man, during that period and after- Mr. GIDDINGS would like to know how gradwards, until he went to his grave, lived in the vio- ual was the step towards the abolition of slavery lation of cardinal republican principles. HIe has by the provisions of the ordinance of 1787? proposed a resolution which is a libel on the char- Mr. BAYLY said he could answer the gentleacter of the man whose victorious sword carried man very easily. A gentleman from North Carous triumphantly through our revolution, and whose lina near him who had suggested there were no great moderation, justice, and prudence did so slaves there, was mistaklen; there were. But the much to establish our own glorious and free insti- ordinance of' 1787 never was regarded as emancitutions. His amendment virtually brands Wash- pating any of them. There were at that time ingtona hypocrite. And what occasion does he se- no inhabitants there except a -few Canadian and lect to do all this? I could have sat by unmoved on French settlers, who held slaves under the operation an ordinary occasion and seen this apple of discord of that ordinance; and, what was more, he could thrown in among us, but oni an occasion like this, tell the gentleman that the descendants of those when we ought to be rejoicing together, and con- slaves were held as slaves to this hour. Let the gratulating each other like a band of brothers, I gentleman look into the history of his own State, have not been able to sit by and see this demon of and he would find that the ordinairce of 1787, as mischief obtrude himself to mar our joy without far as slavery was concerned, was treated practisuch feelings as I have not language to give utter- cally as a nullity. It never had had any legal force ance to. in the Northwestern Territory. Mr. B. had not intended to say a word on the Mr. GIDDINGS said the gentleman was wholly, subject of the abolition of' slavery in France, for he mistaken. agreed with the gentleman friom Tennessee that it Mr. BAYLY said he was not mistaken:: he was a question for France, and for France alone, to spoke fiom the book.. That House very well decide. He freely admitted that it was a subject Inew that he was not in the habit of speaking of with which we have nothing to do. He believed what he knew nothing about, or of mcaking asserthat any intermeddling on his part with that ques- tions without knowing that they were well founded. tion would be quite as improper as this eternal in- But he would give the professed philanthropist termeddling by the gentleman from Ohio and his from Ohio the only instance —a horrible instance it associates with it here. But, though he had no was-where this process of universal emancipation desire to intermeddle with the abolition of slavery was done at a blow; it was the well-known case of in the French colonies, he did not rejoice at the St. Domingo. Then the thing had been effected hasty and precipitate decree which the Provisional by the busy intermeddling of visionary fanatics, Government had issued. just as it was now sought to be done here by the Mr. C. J. INGERSOLL begged leave to state, gentleman from Ohio and his associates. There that if he were not mistaken, the suggestion came was then a band of fanatics in London who met in from M. Arago, but it was subsequently with- the Old Jewry, and who passed resolutions very drawn, its pernicious influence on Fiance having similar to the amendment which it was now sought been soon discovered. The decree had been with- to foist on the pending resolution. drawn o It was then proposed to aid these negroes with M. BAYLY was very glad to heatr th~e epla- men and money in a struggle for their freedom; Mr. BAYLY was very gl ad to hear the expla- they furnished 0g~ with a ship, the arms, and nation of the gentleman from Pennsylvania, but he confessed he had not understood it as that gentle- money, to accomplish this purpose; andt similar aconfessed did; he had not understood it as that gentlen I resolutions were at the same time adopted in man did; he, however, deferred to that,entleman's association exactly of the characis Firance, by an association exactly of the characmohe accurate information. But lie woaind say ter of that to which the gentleman and his aboelito the gentleman from Ohio that there was o in tion friends belon among us. Tese fanatistance on record of the abolition of slavery precip- cal isionaries set the revolt of the blacks in St. tately, and without preparation for freedom, that had tmlt b een followed by scenes of wo.e 0\, al I Domingo in motion; their machinations, succeeded h~ad not been followed by scenes of we. WVith all in exciting a servile insurrection, in the course of hlier fanaticism, even Great Britain did not eranancti- which every white man and woman and child in whliich every white man and woman and child irn pate her slaves without providing nhi apprentice- the island was massacred, with the exception of a ship of a number of years to prepare them fiort it. small remnant, who fled to the shipping in the harNo State of this Union that had emancipated her bor and barely escaped with their lives. Whole saes had done it otherwis than aduall. hecatombs of dead bodies were piled up in the Mr. GIDDINGS inquired how gradual the pro, streets, amid burning, murder, and pillage. Nay, Cess was in Massachusetts? so great was the fury of the blacks that their rage Mr. BAYLY replied that slavery never existed and revenge could not glut themselves with the in Massachusetts, except to a very inconsiderable butchery of every white person, (and they found extent. Hle knew her court, in a nmanner which no difficulty in drawing that line of distinction no other court in the country attempted to imitate, which the gentleman thought so great a mystery — decidedl that the Declaration of Independence eman- I it was no problem to the negroes,) but they aftercipated the slaves. wards turned upon the mulattoes and extermiinated [The gentleman was informed by some one near them. They seemed to hateevely human creature him that he was in error; and that it was the bill that had white blood in his veins with a bitterness of rights by which they were declared to be eman- that had no parallel unless in the breast of the memcipated.] ber from Ohio; and this feeling was encouraged in I mean the bill of rights; but there were simi- them by just such addresses and resolutions as lar bills of rights in most of the other States at that that gentleman is constantly introducing here..

Page  5 5 The gentleman talked about the cause of human- Mr. BAYLY assented, and Mr. ASHMUN proity! Were the interests of humanity bemefited by ceeded with his remarks; after whichsuch scenes as he had described, and which were Mr. BAYLY resumed the floor, and proceeded. the legitimate consequence of this sort of agita- He said he was about to remark, when he had tion Let the gentleman look at Hayti: once one yielded the floor to the gentleman from Massachuof the most flourishing islands of the Caribbean setts, that when he had spoken a week ago on this sea. The negroes there were once a happy, con- subject, he had spoken without one moment of tented race, cultivating their fertile soil, and enjoy- preparation, and under the feeling very manifest to ing every comfort suited to their condition. And the House at the time, arid which he did not attempt what were they now? A wretched gang of indo- to suppress. The gentleman from Massachusetts, lent vagabonds, tearing each other to pieces in subsequently on the same day, had obtained the domestic feuds, and fact relapsing into their pris- floor, and declined then, under circumstances simine state of barbarism. Let him look throughout ilar to those under which he had spoken, to reply. the West India Islands, and wherever the control He had taken a week to fortify himself; and all he of the white man was withdrawn, instead of bands (Mr. B.) asked now was, not a week for preparaof happy and contented laborers, singing at their tion to rejoin to him, but the attention of the comeasy tasks, you beheld a wretched mass of squalid, ri ittee. He should follow the gentleman step by lazy free-negroes, without one idea in their heads step through his remarks. of what real freedom was. In the British Islands And, first, as to what the gentlenman had said in emancipation took place under'more favorable reference to his (Mr. B.'s) suggestion as to the auspices than it ever can again. The negroes un- form in which the resolutions of congratulation to derwent a long probation; the masters were com- the French people ought to be priesented by this pensated for them, and the British army was there country. The gentlenian said he had objected to to keep them in subjection. But although effect- the resolutions of the gentleman fi-om Ohio, [Mr. ed under these favorable circumstances, the Eng- CUMMINS,] because they had not come fi'om any lish Government now admitted it had been a fail- com.m ittee of this House, or even fi-om a gentleure, and that both the white man and the black man connected with the committee having charge had been injured by it. Liberate three hundred of our foreign relations, and had seemed to intimate thousand negroes by a stroke of the pen! Who that that was ground of objection on his (Mr. B.'s) did not know that it could anot be done but through part to the resolutions themselves. On the conscenes of carnage and of horror f-onm which hu- trary, gentlemen knew very well that it was iminanity recoiled? possible to get this subject before the House in the Born as Mr. B. had been in a country blessed imposing form he (Mr. B.) had desired, until they with civil and religious liberty, he wished to see had first been submitted by some member. His these rich blessings extended to every country on (Mr. B.'s) argument had been in favor of referring the face of the globe; but having witnessed nothing the resolutions, and nowhere had he objected but unutterable wo to result from such measures on account of the Gentleman fiom Ohio hiaving.as that in which the gentleman from Ohio so ex- introduced thetr. The gentleman had quite as tilted, instead of sharing the gentleman's joy, he much right to introduce them as anybody else. reretted that such an attempt should have been They had come with quite as much propriety from made; he was pained at it. It was that measure, the gentleman fiom Ohio, as they could have come together with one -'or two other features, which frorm anybody else. But he (Mr. B.) had desired marked the movements of the new government in to give tlhem an imposing appearance. THe had Paris, which alone marred the satisfaction, other- desired that they should not seem to be the sugwise without alloy, with which he had learned the gestion of a single individual, but rather the delibstruggle of the French people for a republican erate and well-considered action of this House. government. He had not understood the resolutions of the. In concluding, Mr. B. observed that the House gentleman fi-om Ohio, nor had the gentleman fiom would bear him witness that he had not been in Massachusetts himself understood them as referthe habit of addressing it in a spirit or with the ring to the subject of abolition in the French feelings which he had manifested to-day. He had colonies; because, if he had, why didhe move his sought altercation with no man; he never had vol- amendment? The resolutions had created no exunteered to wound the feelings of any of his fellow- citement here, though the gentleman frnom Massamembers. But the provocation this day had been chusetts now maintains that they contain the subso great, the conduct of the movers in this matter stance of his amendment. There had been no ill had been so outrageous and unpatriotic, that he feeling, no indisposition to vote them when they had not attempted to restrain his feelings. were brought forward in a proper form. Was it that the gentleman found, that although thus conM0oaTDOAY, t./l)l10, 1848. taining his amendment, as he now maintained, they S(3IA. 9prh'21 10, 1848S. were not likely to excite broil and discord here, The Joint Resolution from the Senate tendering and hence he deemed it necessary to give additional the congratulations of the American people to the point to it, to render it obnoxious, as. far as their French people, being under consideration in the feelings were concerned, and thus raise the storm House, and Mr. AsiusuxN having spoken in reply of which he now complained? The gentleman had to Mr. B., lie obtained the floor, and said, when he one of the two horns of the dilemm-na: he must either had spoken one week ago upon this question, he admit that he did not understand the resolutions as had spoken without one- he now maintained them to be, or, being everything Mr. ASHMUN interposed,and desired the gen- he desired, yet, as they were going quietly along, tleman to give way for a moment while le addned a his purpose of agitation was not likely to beattained, fe w observations on a topicwhich had escaped him. and therefore it was necessary for him to interfeibre

Page  6 with his amendment. So far from the gentleman's been something to be regretted in what had ocexplanation having relieved him fiom any odium, curred, we never could rejoice at the inception of which he (Mr. B.) undertook to say his amend- any movement of this sort. Somewhat of irregment had brought upon him, in the estimation of ularity, confusion, disorder-somewhat (he was three-fourths of the members of this House, they sorry to add) of error, must always precede the only served to fix it more indelibly upon him. success of any great revolution. IHe asked again: The gentleman had expressed surprise that the was France premature when she not only aided resolutions of the gentleman from Ohio, which, as us by her cheering voice of sympathy, but with, he contends; contained a virtual congratulation at men and money? It was precisely as premature inr this abolition movement in France, should have France then, as it was in us now. He repeated, come from this (the Democratic) side of the House, he had no sympathy with the gentleman in his ill — and said that c" bt for thle position" (emphasizing timed prudence. the word) of the.entleman on this side of the House, But the gentlemnan from Massachusetts could not; he would have been more explicit in its utterance. speak to these resolutions-with all his professed What did the gentleman mean? Had it come to anxiety to produce no discord, to discharge his. this? I-Had a leader of theWhig party in this House duties merely-he could not speak to these resobeen brought to admit that the position of a nmem- lutions without recurring to the conduct of our ber on this side of the House was a restraint upon Government in the Mexican war, virtually charhim in throwing an apple of discord here, which ging us with hypocrisy-not in terms, but that was: did not prevail on that (the Whig) side of the House? the effect of his argument-charging, that at the They all knew-scarcely any man was so inatten- time we were exulting at the birth of a Republic' tive to what was going on here, from day to day, in the Old World, we were exerting the power of as not to know-that such was the fact; but he had our nation to crush a Republic on this continent. thought that the calculating prudence of the gen- What had we done in reference to Mexico that tleman from Massachusetts, on the eve of a Presi- showed any disposition on our part to put the iron dential election, when the vote of southern States heel of war upon her? Had not our course towards: is wanting to elect a Whig, would have restrained her, from the dawn of her independence to this: him from the open, undisguised avowal of it on time, been that of forbearance and friendship;. this floor. while hers, in turn, had been nothing but outrageBut the gentleman said that the resolutions were and hostility? Has not our forbearance towards. premature; that he was willing, at a proper time, her been such, that if it had been practised towards' to express sympathy with France, but wished to a strong instead of a weak nation,. it would have wait until he saw the result of the movement there. stamped us with pusillanimity?.Was Mexico less: He wished to wait until republicanism was con- likely to be free, less likely to be republican, after solidated in France, before he could express a the termination of this war, which the gentleman'S word of sympathy with this movement in the course had tended so much to protract, than it wasn direction of free principles. He desired that the before? Was there any man, who had looked atmiovement should be consummated before we tentively at the course of events, who believed that should open our lips. He (Mr. B.) wished for this war would result in injury to Mexico, as far no such ill-timed delay. In this contest for free as her civil and political condition was concerned;. principles, waged in imitation of our own glorious who did not know that there the reign of military contest of'76, he.did not wish now, any more than despots had been cut short; that after this war, the France did then, to wait for the movement to be principles of liberty would be better understood,. consummated before the.heering voice of symupa- and the rights of man be more respected, than they thy was heard. If the calculating prudence of the ever had been before? This war, as far as Mexico gentleman had been practised at that time by is concerned, though "a toad ugly and venomous,. France, perhaps our Revolution would never have hath yet a jewel in. its head." been consummated. So far from its being prema — The gentlemanr had referred to, the remarks of ture, it was in the midst of the strife, when the the French minister, and had quoted from his book, issue was yet uncertain, when these people were what he had said on the subject of slavery in the' contending for their political rights, that they re- West India Islands. Now,' he (Mr. B.) begged' quired the cheering voice of sympathy. It was at leave to say to this House, that he attached presuch a period as that that he (Mr. B.) wished to cisely the same importance to Lamartine's descrip — speak-whilst the contest waged, not when it was tion of slavery in the West Indies,. that he did to over. Then would'be a time for congratulation the constant descriptions of slavery in the southwhen they had achieved the glorious object for ern States by the gentleman and his associates on which they were struggling; now was the time this floor. He had never lived in those colonies. to send over to them the voice of sympathy and He knew nothing of their condition. He was preencouragement. He had none of that cold, calcula- cisely as ignorant of it as the gentleman from Mas — ting policy which would restrain him from sympa- sachusettsand those who cooperated with him were thizing with men fighting, for their liberties because of the condition of slavery in the southern Slates; perchance they might be stricken down in the and as presumption would never supply the place struggle. He ardently hoped that France might of knowledge, he attached precisely the same imestablish, on a firml basis, her republican princi- portance to the opinions of Lamartine upon a subples; and it was precisely because he entertained ject which he did not understand, that he did to the that hope that he wanted to cheer them in the opinions so often expressed here by a class exactly' effort. It was precisely because he did not want in the same category. to produce despondency for lack of the sympathy But does not the gentleman know that Lamartine of this great nation that he did not want to wait. was speaking of the condition of slavery in St. If we were not to rejoice now, because there had Domingo at the time of the insurrection, and not

Page  7 7 of the condition of slavery at this time in the the action of the Government? No such thing. French Islands? This was what he had said; and he read from the Besides the reason which he had given for at- Intelligencer's report as follows: taching no importance to Lamartine's description CC Then the thing had been effected by the busy intermedof the condition of the slaves in St. Domingo, there dling of visionary fanatics, just as it was now sought to be were others. He was not sustained by better in- done by the gentleman fron Ohio and h is associates. There was then a band of fanatics in London who met in the Old fortmed historians. Most of them represented the Jewry, and who passed resolutions very similar to the negroes as contented and happy, until they were amendment which it was now sought to foist on the pendmade to believe, by the interference of foreign ing resolutions. fanatics, tat they were oppressed and deprived of "It was then proposed to aid these negroes with men and fanatics, that they were oppressed and deprived of mn it asthe fr thei r f reedom; and similar resolumoney in a stoiggle for their freedom; and similar resoluthe natural rights of man. But although he at- tions were at the same time adopted in France by an assoeitached no importance to what Lamartine said of ation similar to that to which the gentleman and his abolithe condition of the slaves in St. Domingo, yet he tion fiiends belonged among us. These fanatical visionaries set the revolt of the blacks in St. Domingo in motion; their did attach importance to what he had said in the machinations succeeded in exciting a servile insurrection, extract which the gentleman had read on another in the course of which every white man and woman and point, about which he was informed. Mr. B. al- child in the island was massacred, with the exception of a laded to what Lamartine said about the e~ffect of small remnant, who fled to the shipping in the hailbory and barely escaped with their lives. Whole hecatombs ofdead the insurrection. He referred to the fact that the bodies were pile d up in the streets, amid burning, mu.der, Constituent Assembly had proclaimed the liberty and pillage." of the blacks, and said, 1" St. Domingo, the richest He had made other remarks which were not in of the French colonies, was swimming in blood. this report. The House would recollect-those FRANCE WAS PUNISHED FOR HER EGOTISM." Yes, who had paid attention to his speech-that he had she was punished for her egotism, in attempting to referred expressly to the fact that the Abolition control an institution, which the great mass of her Societies of London and Paris had furnished OgG people and statesmen knew nothing about, in the with a ship, with men and money; and it was by massacre of her white citizens in St. Domingo in this aid, thus furnished by persons belonging to the first instance, and in the loss finally of the finest associations precisely similar to those that existed of all of her colonies. And civilization and hu- here, that these negroes had been stirred up to inmanity itself was punished, in the loss to both, of surrection, and been enabled to succeed, by cutting one of the finest and most productive portions of the throats of every white man, woman, and child the globe. in the land, except a few that escaped. And (continued Mr. B.) if it were possible for. Mr. ASHMUN wished to correct the gentleman the gentleman and his associates to succeed in abol- on one point. Og6's mission, he presumed the ishingslavery in the southern States of this Union, gentleman would recollect, was to vindicate the we would not be the only persons who would suf- rights of the mulattoes against the whites. His foer. Theyand their constituents would also, though mission was not emancipation. not to the same extent with us, be punished for Mr. BAYLY knew, as well as a man could extheir egotism. pect to know from general reading, the history of But the gentleman from Massachusetts had said that transaction. that he had been in error in what he had said in Let the gentleman look to the authority lie had reference to abolition in. St. Domingo. The gen- quoted, or to his own historian, Edwards, and he tleman seemed to suppose that he had maintained would find that although Og,, when he left St. that it was the action of the French Government Domingo, contemplated nothing more than to assert which brought about that emancipation, and had the rights of the free mulattoes before the Constitundertaken to show that it occurred prior to any uent Assembly of France, yet in France he became action of the Government on that subject. He had associated with the Society of the Friends of the never said that abolition in St. Domingo was Blacks, and in England he was made acquainted brought about by the action of the French Gov- with the abolitionists there. The association with ernment. On the contrary, in as explicit terms as these men changed his views. He became intihie could employ, he had said it was brought about mate in France with Barnave, whose fanatical maxby the agitation of the subject by English and im was, " Perishthe colonies rather thal apr issciple;" French fanatics, without the concurrence of the and he returned to St. Domingo, bent upon a genGovernment of France, and by the operation of eral insurrection, which he contrived very soon to societies there of the character of those to which set in motion. the gentleman belonged. Let him read any authentic history of the times, Mr. ASHMUN (Mr. B. yielding) said he had and he would find not only that the insurrection understood the gentleman to make use of these was brought about by foreign abolitionists, but words, precisely as he was reported in the Intelli- that the whites would have succeeded in suppressgencer. ing it, but for the men and money furnished by Mr. A. here read a passage from the Intelli- these abolition fanatics of England and France. gencer's report of Mr. B.'s speech. And how did the mulattoes profit, whose conjoint Mr. BAYLY (resuming) said, if the gentleman action with the negroes enabled them to succeed? would hand him, the report he would show him As he had said the other day, after the whites were exactly what he had said. That report, consider- exterminated by the joint action of the blacks and ing the circumstances under which he had spoken, the mulattoes, they were not yet satiated with blood, he was free to say, was a very faithful one. But and at a subsequent period the blacks turned upon much lie had said was omitted. The remarks im- the mulattoes themselves, and from that hour to mediately after what the gentleman quoted showed this there had been nothing but confusion and clearly enough what was his understanding. He bloodshed in that island, until it was fast relapsing had said the thing had been effected. I-ow? By into that barbarism which he verily believed it was

Page  8 impossible to keep the negro out of in any other nounced his amendment a libel on one-half of the way than by the guardianship and protection of the States of this Union, he was virtually saying that white man. the Declaration of Indtependence was equally a libel. Look to the British Islands: British statesmen What was the resolution of the gentleman,as modihad admitted that their attempt at emancipation fled by his friend from Ohio, [Mr. ScIIENI?] Itwas there had proved a failure. It had taken place a declaration that slavery, domestic slavery, w" ander circumstances more favorable than could a violation of a cardinal republican principle. He ever again occur: the masters were in some sort said that that declaration was a libel on one-half compensated for their slaves by the appropriation of the States of this Union, because it affirmed that of, $100,000,000, and there was not that acute sting those States were living in the habitual violation of of wrong which would occur where they were not a cardinal republican principle; and he maintained thus emancipated; they underwent a probation of it still. But had the gentlemnan's resolution any ten years; in England heavy discriminating du- analogy to the Declaration of Independence? Did ties were laid in their favor for their protection; the Declaration of Independence speak of anything they had British bayonets there to keep them else than political rights? When the Declaration in order and protect the white men against their of Independence declared that all men are created murder;-and yet, with all these safeguards, with equal, did it mean to assert the untruth that all all these favorable circumstances, which never did men were in fact created equal in their social and occur before, and which never could occur again, physical condition? Did it mean to say that the what was the condition of things in those islands? idiot was created equal in every respect with the Look to the debates in the British Parliament; manof genius? the dwarf with the giant? In what look to the admission of her statesmen and of her were they equal? Equal in stature? in intellect? in leading journals, and it was everywhere conceded any gift of God? The Declaration of Independence that the attempt had proved a failure. It had been never meant to assert any such absurdity as: that. maintained in the British Parliament, as it was It meant to assert that men are equal in their nahere, that white labor would be more profitable tive rights, before they were modified by law after than slave labor; that emancipation would enhance they entered into society. That was what it dethe products of those islands. W'e of the South clated, and that was all it declared; and there wase (said he) knew otherwise. As young as he was no ingenuity which could torture the Declaration at the time, he reviewed, in one of the periodicals of Independence into having the remotest allusion of the day, these positions; he was not wise after to the institution of domestic slavery. the'fact; in 1833, in this article which was in print, The gentleman had read a long list of bright he had predicted exactly what had since occurred. names that represented Virginia at that time in the He undertook to say there was no man in the old Continental Congress-the name of Lee, who South who understood the negro character who introduced the resolution that " these colonies are, had not foreseen precisely what,.had occurred. and of right ought to be, free and independent English statesmen, or such of them as were influ- States;" of Benj'amin Harrison, Carter Braxton, enred by this reasoning, as very few of them in and other eminent men, who participated in that fact were, did not understand the fact-which it movement. Did he not know that every one of seemed could not be learned here-that presump- these men at that time were large slaveholderstion was no substitute for knowledge, and that among the largest in that State? that every one of men cannot wisely regulate a subject they do not them continued to be slaveholders till the day of understand. their death? With what purpose, then, did he But, to look further: What must inevitably be come in here and assert that these men propoundthe ultimate moral effect of extensive emancipa- ed any such doctrine as he now contends for? I tion? He said now, whether by the torch of the say (said Mr. B.) that the Declaration of Indeincendiary and the dagger of the assassin, or by pendence is a libel on my State! Sir, it is the -he peaceful action of the Government, emancipa- handiwork of her noblest and most gifted sons. tion could never take place' in any country where But it is as little like the resolution of the gentlethere was a large proportion of blacks without ab- man from Massachusetts, either in its purpose or solute destruction to the whites or the blacks. sentiment, as he and his associates are like the. There was no man that reflected about the matter eminent menwho asserted and maintainedit! And, who could believe that the two races could ever in saying that, I do not know how I can draw a live together in the same community as equals: stronger contrast. they never did anywhere, and never could. Free But to recur to the subject of the Declaration of the blacks in the southern States, and a strife Independence. The gentlernan had said that every would inevitably arise between them and the creature that had the form of a man was entitled whites which would become a war between races, to the right of citizenship. He asked the gentle-the most deadly of all wars, in which it would be man in what State of this Union did any such right necessary " that one should perish that the other obtain? He asked him in what State of this Union, might live."* except, perhaps, his own, did free negroes enjoy The gentleman said, when he (Mr. B.) pro- any of the fundamental rights of citizenship? Did * Lamartine, in describing the insurrection in St. Do- longer between imen.- The one must perish for the other to rmingo, sqys: live. Since justice could not make itself understood by "A rivalry of cruelty seemed to arise between the two them, there was nothing but death left for them. Every colors. If certain noble and faithful slaves placed themselves gift of life to a white man was a treason which cost a black between their oldl masters and death, they were sacrificed man's life. The negroes had no longer any pity. They together. Gratitude and pity are virtues which civil war were mien no longer; they were no longer a people, hint a never recognizes. Color was a sentence of death, without destroying element, which spread over the lald, annihilating exception of persons; the war was between races, and no everythling." —Vol. I, page 317.

Page  9 xr~ C*C,-il 9- they vote? Did they serve on juries; Had they of the territorial bills that had preceded it, except the right, which was secured by the Constitution to the Wisconsin bill, and there in so loose and genevery citizen, of goino to any State they please to eral phraseology that it had escaped the attention reside? Did notthegentleman krow,thataltkouglh of the House. The effort had been abandoned in he talked so much about neegroes being deprived of the case of the Iowa bill. When the Oregon bill their rights by the institution of slavery, they were came into this House in 1845, reported by a genas much deprived of every political right in the tleman firom a non-slave State, and from a comother States as they were in Virginia? mittee the majority of whom were from non-slaveMr. ASHMUN was understood to say, (Mr. holding States, there was no such restriction in it. B. yielding,) that there were other States beside It was placed there-and he regretted it-on the MI;assachusetts in which the black population were motion of a gentleman whose elevated personal entitled to vote. This was the case, he believed, character, whose elegant accomplishments, whose in Democratic New Hampshire. urbanity, whose ability, whose statesmanship,.1Mr. BAYLY. Do the negroes vote there? ought to have made him scorn to participate in any Mr. ASHMUN. Yes, and in New Yolrk. such proceedings-by the gentleman who then, as MrB. BALYT (continuing) undertook to say-he now, represented the city of Boston, [Mr. Speaker did not presume to be as well acquainted with their WtVINTIsROP.] It was introduced against all preState constitutions as their own Representatives cedent, against all necessity, and for the purpose, were-but he undertook to say,that neither in New as he regretted to believe, of keeping up abolition York nor LNew Hampshire did the negroes stand excitement. If it had come fropi such a source as on the samne footing with the white voter. There this amendment, he should have expected nothing were discriminations against them; and if there better; but he confessed he was disappointed, morwere asy discriminations, they did not enjoy all tified, to see it come from the source from which the privileges of citizenship. In New York they it did. require the negroes to possess a large property But the gentleman had not been content with a qualification, not required of the whlites, which legitimate reply to his argument, but had seen fit effectually excludes them from the polls. In New to come into this Hall, in a manner which every Hampshire there are very few free negroes, and gentleman here must feel to have been offensive, to the law, perhaps, nmay allow them to vote; but lragS before the nation and to denounce the conduct are they not kept by public sentiment fromn the of the Senate of Virginia for refusing to pass cerpolls? tain resolutions in reference to the death of Mr. Mr. TUCK interposed' andl (the floor being Adams. It was not for him to defend that body, yielded) begged leave to correct the gentleman in composed as it was of patriots and statesmen. regard to New Hampshlire. Free negroes voted They were able to defend themselves, and they in New Hampshire; and he would inform the had defended themselves before the tribunal to gentleman that very manyof them were intellient which they were responsible. He should not deand respectable men. [A laugh.] fend them before this, to which they were not. Mr. BAYLY continued. How many of them He plead to their jurisdiction. But why was It had the gentlemen ever seen on the jury, at the that the Senate of Virginia had not passed those bar, on the bench of justice? Not one, he would resolutions? They were willing to pass such resoundertake to say. And they could not marry a Iutions as were becoming the occasion. They ofwhite man or woman. [A laugh.] And yet gen- feted to pass resolutions of regret at the death of tlemen came here and talked about their bein& firee the man; but they were unwilling to stamp hypocand equal. It was not the fact anywhere. Look risy upon themselves, and to pass general resola-t Conuecticut, in the very heart of New England: tions of approbation of the public conduct of a on a late occasion,by an overwhelming popular vote, gentleman whose public conduct, it was well known, she had denied themn the right of suffrae. Look had never met the approbation of Virginia. He at New York, Pennsylvania, to every State in the spoke of his political course. Of his private charUnion. In none of them were they entitled to the acter as a man, of his ability as a statesman, no enjoyment of equal rights with the white; and yet man in Virginia had ever undertaken to speak in gentlemen talked to them aboutemancipatin, their terms of disparagement. But they were not willslaves. Co home, (said he,) and emancipate your ing to pass sweeping resolutions of approbation of free ne,-roes. When you do that, we will listen his political conduct; and the friends ofMr. Adams to you with more patience. Until yout have taken were the sole cause of the failue to pass proper the bean out of your own eye, do not undertake resolutions. They made the attempt to avail themr. to remnove the mote from ours. selves of the reluctance which men ever have to The gentleman fromnt Massachusetts asked (con- refuse to say anything laudatory of the dead, and tinued rIP. B.) if the ordinance of 1789 was a libel I to seize upon a solemn occasion of that sort to on the States of the South. He (Mr. B.) did not effect a party pulrpose, and to make the people of choose to anticipate now what he should have an Virginia, on such an occasion, pass a vote of conoppottinity on another occasion to say, when he detnatiotl upon themselves. The Senate of Virshould pay his respects to that,ordinance, and ginia had firmness enough, had respect for itself show all it ever was, or is. It contained no such enough, not to unite in any such movement, Propsentiment as that expressed by the gentleman. er resolutions could have been passed, and would The gentleman had also asked hin if the Oregon have been passed unanimously; but the friends of bill, with the anti-slavery restriction, was a libel Mr. Adarns insisted on that being done which the on the southern States. He regretted that thle gen-Senate of Virginia, with proper respect for itself, tleman had made it necessary for himn to refer to could not possibly do. the circumstances under which the anti-slavery But suppose the Senate of Virginia in this re. restriction was put in that bill. It had-been in none spect had erred. Suppose their conduct had been

Page  10 10 as outrageous as the gentleman from Massachu- tlemen look to the facts of the case. Let them setts would have the nation believe, with what pro- compare the census taken at different times, and priety was it that he came forward to assail the they would find that the old slave States had adconduct of the Legislature of one of the oldest, and, vanced quite as rapidly as the old non-slaveholdinD I beg leave to add, one of the most patriotic States States, with the exception of New York and Pennin this Union? It was an impudent intermeddling sylvania; and they, in truth, in the connection in with what did not concern him, an effort, not un- which he was speaking, could scarcely be called' usual here, to throw a stigma upon that old State, old States. At the time of the adoption of the Conthe mother of States and of statesmen, which had stitution, they possessed a vast unappropriated reposing in her bosom the mortal remains of the western territory, which they have since virtually man who first roused the American people to a brought to the seaboard by their internal improvesense of their rights, of the author of the Declara- ments. In consequence of which, their western tion of American Independence, and of that patriot, counties have been filled up with a dense populasuch as the world never saw before or would see tion, andtlieirtownahave grownintolargecities. If again, who, by his virtue, patriotism, moderation, it be answered, that Virginia also had a large unpeoand prudence, carried through our glorious, just, pled territory in the western part of the State, I and happy revolution. But he warned gentlemen, reply that Virginia had provided no outlet for the as often as it was attempted, she would have sons produce of the country; and this circumstance, and here to defend her. not the existence of slavery-for, in truth, in that In the same spirit in which he had referred to part of the State there were few slave —retarded the action of the Senate of Virginia, the gentleman the arowth of the country. from Massachusetts had undertaken to come here |He had been referred to the contrast in the prosand criticise her constitution; and to assert that perity of Kentucky and Ohio; and this has been suffrage there was confined to the soil and did not lattributed to the existence of slavery in the forattach to the citizen. In this he had shown pre- mer. Butisitso? Have notothercauses operated. cisely the same sort of information in reference to more powerfully? her constitution that he had in his speeches here- By the time we had acquired the right of navitofore in reference to the institution of domestic gating the Mississippi, which gave the first strong slavery in Virginia. The constitution of Virginia impulse to western emigration-certainly before made no such restriction. the introduction of the steamboat, which gave the Here some explanations ensued, when great impulse to the western country-nearly all Mr. BAYLY continued. The ownership of the thelandsin-Kentucky had beenappropriated. Most soil (he said) gave one class of rights; but very of them were held in very large tracts by private many of the voters of Virginia did not own one persons, many of them by non-residents, who held foot of land. The right of suffrage in Virginia them for high prices, which were confidently looked was not as extended as he desired to see it; but it Ifor as the country grew. A large portion of Kenwas almost as universal as it could be where there tucky was inaccessible to navigation. was any property restriction whatever. But how different wag the situation of Ohio l But the gentleman, not content with referring to IMost of the lands within her borders were held by the Legislature of Virginia and her constitution, the Government. They were open to private entry, had undertaken to tell the i-ouse about her want in small and convenient tracts, at Government of prosperity, and to refer them to the greater prices; and she was surrounded by navigable lakes growth and prosperity of other States. He (Mr. and rivers. Besides, there was a great difficulty B.) knew that this was a very common idea; but about land titles in Kentucky-as, indeed, heretohe undertook to say, with some small knowledge fore there has been in Western Virginia-which is of the fact, that there was not one of the old States always such a terror to emigrants. In Ohio there which had advancedin prosperity with more steady, were none whatever. Under these circumstances, decided step than Virginia. He undertook to say it is not surprising that Ohio has outstripped Kenthat there was no State in which the progress of tucky. But it remains to be seen that the existimprovement had been more certain. He knew ence of negro slavery has been the great cause of some of the new States had outstlipped her. The retarding the growth of the latter. Has it retarded cheapness of their lands, the disposition of our the growth of Missouri? Which of the new States people to seek new homes, and many other cir- has advanced with a more rapid or steady stride, cumstances, which he could not now stop to dis- or which one of them enjoys more solid prosperity cuss, had stimulated them into rapid prosperity- than that State? But he found that he was being a prosperity which he had never envied them. But beguiled into an extent of remark on this point he maintained, that among the old States of this xyhlich he did not desire. Union, there was nrl State which had advanced in'] Suppose the institution of slavery is as great a opulation and wvealth with more steady step than curse as gentlemen would have us believe; yet do lad Virginia. Even Massachusetts herself, with they not know that it is one which we have not all the protection she had received fiom the Gen- brought upon ourselves? And do they not also eral Government, elevating her and depressing us, know that we Who live among it, and understand it had not a larger ratio of representation, in com- better than they do, are very clearly of opinion that parison with Virginia, on this floor, than she had their meddling with it only aggravates it, and that in the first Congress under the Constitution. we cannot remove it in the way they propose, withUnder these circumstances, their people con- out producing evils infinitely greater? Do they stantly going out, the new States keeping up a not know, that if it be all they say of it, it is our constant drain upon them, they kept on at a steady misfortune? And does it become gentlemen from pace of improvement. the non-slaveholding States constantly to throw up Instead of being misled by declamation, let gen- to them a misfortune which they did not feel, and

Page  11 11 one which they had not the power to remedy? Did eral fact that there had been of late much legislation the gentleman from Massachusetts find it conso- in Massachusetts on that subject, but he was not nant either with the feelings of humanity or patri- fully aware of the precise extent to which it had otism? If they had a deformed limb, in the name gone. Most of the remarks he had made in referof God let it pass the notice of their brethren. If ence particularly to Massachusetts he had made it could not pass their notice, let them not be jeered on the statements and suggestions of others. But, and ridiculed for it. It was an institution which after all, he did not think the gentleman had pointwas upon them: if it was a deformity in their so- ed out any important errors into which he had cial system, no portion of the people of this globe fallen. The gentleman [Mr. P.] had informed the had done more to inflict it upon them than the House that Massachusetts had made it a penal people of Massachusetts themselves-as they were offence for her magistrates to assist in the deliverdoing, at this hour, upon the people of Brazil. ing up of fugitive slaves, and had prohibited the Does it lie in their mouths to come here to upbraid use of herjails for any such purpose. He recolus? lected those laws perfectly well; and when the There were many other topics to which the gen- gentleman's colleague [Mr. ASHMUN] had said, on tleman had referred, which he should not take up yesterday, that his State and the other non-slavehis time in speaking of now. holding States were.willing to stand by the cornBut one more remark. He sought altercation promises of the Constitution on the subject of with the gentleman as little as the gentleman did slavery, he designed to ask him if, in passing such with him. He had no fondness for personalities; laws, she was doing it; but, speaking under the cirhe had no taste either to indulge in abuse, in the cumstances to which he had already referred, and first instance, or to retort it. The retort of abuse amid the constant interruptions to which he was was low and vulgar; it was usually rather the subjected, it had escaped him. It was an importrecourse of vulgar minds, overflowing with bad ant point; and as he desired to call the attention of passions, than the resort of patriotic indignation. t[ country to it, he begged leave to propound that He confessed that some remarks which he had question now to the gentleman. In passing such made when he occupied the floor a week ago were laws, is Massachusetts abiding in good faith by pretty pointed: if he had had the language he would the compromises of the Constitution? have made them more so. All he could say now, Mr. ASHMUN. Yes; she is. in speaking under different impulses, as far as any Mr. BAYLY. No; she is not. Mr. B. quoted abhorrence had been expressed by him of the char- the following clause of the Constitution: " No acter of that proceeding, was, that he would have' person held to service or labor in one State, unexpressed it in his cool moments in quite as strong' der the laws thereof, escaping into another, shall, language.'in consequence of any law or regulation therein,' be discharged from such service or labor, but shall'be delivered up on claim of the party to whom TuEsDAY,.Jlpril 11, 1848.'such service or labor may be due." Mr. PALFREY rose, as soon as the Journal In 1793 Congress passed a law to carry out this had been read, and moved a reconsideration of the constitutional provision; and that law made it the vote by which thejoint resolution from the Senate, duty of the State magistrates to assist in the surtendering the congratulations of the American to render of snuch fugitives. the French people on the consolidation of a French Mr. ASHMUN. Will you show me the law republic and the principles of liberty, was passed which makes any such requirement? yesterday; and proceeded to address the House at Mr. BAYLY. Yes, I will. Hand me the first some length. After which, the foor was obtained volume of the Laws of the United States, and I by- will show it. Mr. BAYLY, who said he should not reply to the The Constitution of the United States, he said, gentleman fiom Massachusetts with any asperity. declared that the Constitution, and the laws passed There was so much of the man that was the gentle- in pursuance of it, should be the supreme law of man, so much propriety and gentleness of manner the land. The constitutionality of the law of 1793 about him, that, much as Mr. B. abhorred the princi- had come before the Supreme Court in the case of ples he held, lhe could not find it in his heart to say Prigg against the Commonwealth of Pennsylvania; anything harsh of him. But it was due to himself and that court, Judge Story —who was the boast that he should add a few words to his reply to the and glory of the gentleman's own State-delivering other gentleman from Massachusetts, [Mir. Asi- the opinion, plronounced it to be in accordance with mIUN,] which, in the hurry of an unpremeditated the Constitution, and therefore the supreme law of -speech, he had omitted. the land. Yet the State of Massachusetts, with But before lie did so, he must say a few words this decision of the court of last resort staring her in answer to the gentleman who had last spoken, in the face, has set at naught this supreme law. [Mr. PLFraEY.] And, in the first place, thatgen- And she has not done this in a trifling and trantleman had said that Mr. B. was in error in regard sient case. Her violation of the Constitution and to the legislation of Massachusetts. Now, if the laws of the United States in this respect, is not o'nly gentleman had heard his remarks distinctly, as he a palpable, but a dangetous violation of that Connat- said lie did not, he could not but have been stitution and those laws. And she has not the struck with the fact, that in all he had said in rela- miserable apology that it is done to defend any tion to the legislation of the States of this Union interest of hers. It is a gratuitous outrage upon on the subject of free negroes, he had carefully ex- our constitutional rights, in a case in which she cepted Massachusetts. He had repeated that ex- had no interest at stake to palliate it. eeption with particularity more than once, and the In prohibiting to the master of fugitive slaves Mason fo" his doing so was this: he knew the gen- the use of her jails, and forbidding her officers to

Page  12 12 assist in their removal, she has made the clause of The last section of the act declares: the Constitution which is of such vital importance "That any person who shall, knowingly and willin-gly, to us, a dead letter. The only other persons, be- obstruct or hinder such claimant, his agent or attorney, inl sides the State officers, who are required by the so seizinr or arresting such fuitive frolnllalor; or shal law of 1793 to assist in the deliveringL up of fugitive rescue such fugitive front sucli claimant, his agent or attorn itey, whlen so arrested, pursuant to the authority herein giver, slaves, are the judges of the district or circuit or declared; or shall harbor or conceal such person, after. courts. There are few of them,-in many of the notice that ihe or she was a; fugitive from labor as aforesaid,. States but one district judge, and in all the non- shall, for either of tile said offencee, forfeit anti pry the slaveoldin States but f circuit jUdes, who of five hitidred dollars; which penalty may be recovslaveholding States but four circuit judges, who ered by, and for tile benefit of, such claimant, by action of' most of the year are out of their circuits; and the debt in any court proper to try the sante; saving, imoreover, mnaster. at the time he makes the seizure, might to the person claihing stich labor or service, his right of not be within a hundred miles of one of them. In action for, or ot account of tile said injuries, or either of such a case, how would the master get his slave. before them? Do we not know, that by every sort That law made it the duty of the State magisof foul misrepresentation, the feelings of the people trates to assist in the surrender to the owner, agent,. at large in the non-slaveholding States have become or attorney, of these fugitive slaves; and it imposed so exasperated against the southern slaveholder, a penalty on any one who should obstruct or iitider that he not only could expect no assistance, but such claimant, &c. The Supreme Court of the would be certain to meet with active Opposition United States had decided that that law was confrom them? What, then, could he do? Carry stitutional. with him a posse fiom his own State? Would not Mr. COLLAMER, (in his seat.) That part of this inevitably lead to a collision, which it was the it. very object of the law of 1793 to prevent, by re- Mr. BAYLY. Yes, that part of it. He knew 0quiring the duty to be done by officers of the State perfectly well what that decision was. He had in which the fugitive might be fo und? read it at the time. It was several years since, but It was idle to tell him that this important clause he undertook to state what that decision was. of the Constitution-a clause which had been made There were three leading points made in the case: an indispensable condition by the southern States one was, that the Constitution executed itself-that of their sanction of the Constitution —had not been no legislation, either on the part of Congress or of nullified by the State of Massachusetts. With the State Legislature, was contemplated, and therewhat propriety, then, could the gentleman come fore that this law was unconstitutional; another here and say that his State was willing to stand point was, that Congress had the right of legisby the Constitution as it was? Did not the laws lation, and of exclusi'e legislation; the third passed by her Legislature, and public sentiment point was, that there was a concurrent power of there, make the enforcement of the rights of a legislation on this subject in Congress atnd in the slaveholder impossible? State Legislatures, with this restriction in the case Mr. GIDDINGS here askeed leave of Mr. B. to of the States, they night pass laws in aid and make an explanation. He denied that the law of furtherance of the laws of Congress, but not in 1793 made it the duty of State officers to arrest contravention of them. These were the points fugitive slaves; and he went into a long argument made in the case. What was the decision? Mr. on that point, during which he was interrupted by Justice Baldwin, of Pennsylvania, was of the Mr. McLANE and Mr. VINTON. opinion that the constitutional provision was ample Mr. BAYLY (resuming) said, that the inter- in itself; and that the Constitution gave the right ruption of the gentleman had given himn time to to the master, or his agent or attorney, without the examine the law, and he was not mistaken. He interference of any officer or anybody, to go and had said, and he repeated it with the law before takre his slave who had got into a free State pre — him, which he thanked the gentleman from Ohio cisely as he would his horse if he was found there, for handing to him, that the law of 1793 made it and bring him back, without any other authority the duty of State officers to assist-that was his than that which the Constitution provided; and. statement-in removal, by his master or his agent that the law of 1793 was therefore unnecessary. or attorney, of his fugitive slave. It did so in ex- But he maintained that any legislation of the States press terms. As he had been contradicted on that going to impair this right was unconstitutional. point, he desired to read the section: A majority of tile judges of the court —Mr. Justice SEC. 3..nod be it ~flrther earcted, That uwhen a person Story delivering the opinion-decided that the held to labor il any of the Uniterl States, or in either of the Constitution did contemplate legislation, and that Territories on the northwestorsouth ofthe river Ohio, uider that power of legislation was vested exclusively the laws thereof, sl ouild escape intto lny olircl of the said in Congress; and that the State Governments had States or Territories; the person to whomi such labor or ser- -- vice may be dle, his agentor attorley, is hereby empowered no right to legislate on the subject at all. That to seize or arrest such fugitive fioin labor, anid to take imn was the decision of the court. But three judgesor her before any juldge of' the cicuit ord istriet courts of the the Chief Justice, Mr. Justice Daniel, of Virginia, United States, residilg or being within the State, or before and Smith Thompso of New Yorl-gave thei anyJ magistrate of a cousty, cituI or towm, corporate whereit c such seizure or arrest should be rade; and uposa ptrooJ; to the opinion that the right of legislation was concursttisf;tction of sutcl judge oe uma,zistrate, either by oral testi- rent in Congress and the State Legislatures; that nmomy or affidavit talien beafore, nnd ertificl my, a nmgistralte Congress might legislate on the subject, and that of any such State or Territory, tlat tile person so seized or the law of 1793 was tlerefor conatitutiotal; and arrested doth, unuler the laws of the State or Territory from which lihe fled, owe ser or or lanor to the person that the State Legislatures might legislate in aid, claining him or eicr. it should be the duty of such judge or not ill contradiction, or rathler, in better law lanmagistrate to give a certificate thelieof to such clailtart, his guage, not in contraveition, of the law of 1793 or agent or attorneiy, which shiould be sufficient warrant for removilng the said fugitive fi'om labor to the State or Territory of the Constitttion. His (Mr B. ) own opinion from which he or she fled'" w aS very distinctly that that opinion gayb the true

Page  13 13 law of the sublject. But that was not necessary to Tile clause in the Constitution preceding the one in rehis present argument. For the point he meant to ation tofugitivesfioln labor, declares that' aper ollchlged min any State with treason, felony, or other crime, xwho shall nmake on MIassachusetts he would abide by the' flee from justice, and be fbound in another State, shall, on decision of the majority, delivered by her own, demand of the executive authority of the State fioom which edistinguished j urist. He had decided that this ihe fled, be delivered up to be removed to the Sttte having law was constitutional. The court had so de-'rjulisiction of the crime.' In tile first section of the act of 1793, Congress has plrovidedthat oniddemiand being made cided. The Constitution said that the laws of as above, it shall be thie duty of the executive authority to Congress, made in pursuance of the Constitution, cause the person demanded to be arrested. mase the suprneme law of the land,'' anything in the " Tshe constitutionality of this law, it is to be believed, Constitution or laws ofe any State to the contrary hsas never been questioned. It has been obeyed by the GovConstitution or laws of any State to the contrary ernors of States, who have uniformly aclnowledred its ohnotwithstanding." And yet Massachusetts, law- ligations. To some demands, surrenders ulave not been loving, and Constitution-loving Massachusetts, had made; but the refusals have. in no instance beeni on the undertaken to nsullify it! ground that the Constitution arid act of Congress wvee of no binding force. Other reasons have been assigned. Now, There was another point. of not much less mag- if Congress may, by legislation, require thi duty to be pernitude made in the case-the one to which the gen- fornmed by the highest State officer, nmay they tnot on the tIe man from Versmiont [Mr. COLLAMERa] alluded, its same principle require appropriate duties in regard to the the ~question he had propoulnded. It was, whether surrender of fugitives fromn labor by other State officers? Over these subjects the constitutional power is the saise. the States had the authority to prohibit their offi- "e The Constitution requires thsat such person shall be decers, refelrred to in the 3d section, from executing livered up on the claim of the party to whomi the service is the duties imposed upon them by that section? due.' Here is a positive duty imposed; and Congress has The court did not decide that point; but they said, aid in what inode this duty shall be performed. IHad they not power to do so? If the Constitution was designed in that whatever doubt there might be whether these this respect to require, not a negative, but a positive duty oni officers were bound to act, there was none that the State and the people of the State where the fugitive from they might act, unless prohibited by State legisla- labor mstay be found, of which it would seem there can be tion. no doubt, it must be equally clear that Congress mnay prescribe in what inainier the clmaim and surrender shall be made. Several of the judges, at the head of whom was I ami therefore brought to the conclusion, that although, as a Chief Justice Taney, whose opinion in this case I general principle, Congress cannot impose duties on State commnend to every lover of cleat', logical, legal ofticers,yet in the cases of fumgitives from justice and froml labor, they have the power to do so." reasoning, maintained, not only that these State magistrates might, if they chose, in the absence In the controversy etween Virginia of State prohibition, execute the duties imposed York, Gvernor eward who has been a leader upon themi by the law of'93; but that it was the in all these abolition movements, admitted thbe conduty of the State Legislatures, in order to carry out stitutionality of that part of the law of 173, which tIme spitit of the Constitution, to compel them to required the Executives of the States to surrender act. fugitives fiom justice. Ie said: Judge McLean admitted tihe general proposition The duties of thlat department [tile executive] in such cases [tise delivery of fugitives from justice] are prescribed that Congress could not control State officers; but by the Constitution of the United States, and not by the conmaintainedt that this case formed an exception. stitutiotiM aind laws of New York." [Wlhen Mr. BAYLY spole, he had not tse de- And the Judiciary Committee of the Legislature citson of thse Supleme Coulrt before ihim; but ohe of New York, referring to this subject, in a report said he would hand to the reporters extracts fiom which met the sanction of that body, said: the opinions of the judges sustaining the positions c the oinions of the judges sustaini e poitions "By the Constitution and laws, the power of cauising the hie had taken. In other instances where quotations arrest of persons demanded as fugitives firom justice, is are made i-n hec ve'ba, it is to be understood they vested in the Executive, and his discretion cannot be conwere furnished subsequently. In the delivered trolled by amy legislative action." speech, only the substance was given.] The constitutionality of the two sections of the Chief Justice Taney said: law of 1793, (said Mr. B.,) the one relative to t Indeed, if' the State authorities are absolved from all fugitives from justice, and the other to fugitives obligation to protect this riglit, [tlie right of recapture,] f'om labor, rest upon the same principle; yet no and melay stand by and see it violated without an effort to State in the Union has ever questioned the constidefend it, the act of Congress of 1793 scarcely deserves thie tutionality of te former. Ialne of d leltledv.' tutionality of the former. ilname of i reinedv. "But it is maniifest from the face of tle law, that an ef- Now, (said Mr. B.,) I entirely agree in the fectuial remedy was intended to be given by the act of 1793. opinion expressed by Chief Justice Taney. I think It never desigmed to coumpel. tie aster to encounter time the Constitution contemplates in both sections-the hazard and expense of taking time fugitive in all cases to the distant residlence of one of tihe judges of the courts df the one relative to fugitives firom justice, and the other JUnited States; for it authorized hliim also to go before any relative to fugitives from labor-affirnr ative action magistrate of the county, city. or town corporate, whereini on the part of the States where the fugitive may the seizure should he mnade. And Congress evidently sup-e said to deliver up posed it hadprovided atriunr al at the place oftlhe arrest, clpa- witout ei active. Te anguage of te two ble offuriishing thelnaster ith the evidence of ownership, without being active. The language of the two to protect llill more effectually ftionu unilawful intemrruption. sections is similar. In each case the fugitive is to So far from regardin g the State uthoritie as prohibited be delivered up. In the case of a fitive fro froim interferin' in eases of thiis description, the Congress of that day must have counted upon their cordial coaop;ration. justice, oms the demand of the executive authority They leislalted with express reference to State support. of the State from which he fled;" in the other, And it will be rememibered, that whieni the law was passed, 4; on claim of the party to whom stuch service or the Governmaent of the United States was idministered by labor uay be due." But it neither ease does it men whIo had receutiy taken a leading part in tihe for-nation specify by hon te delivey is to bemade. u specify by whom the delivery is to be made. But dof thie Constittiton s about this, it seemned to him, there could be no doubt. Judne \McLean said: Who was to deliver up? In every case almost, the ci As a general principle, it is true that Congress has has no vagitive of either case at e-e would power to iirpose duties on State officers; but does not the gitive of e ither class would be at large-he would case ulnder consideration form an exception'? * P' be in no one's custody. WIho, then, was to de

Page  14 14 liver him up? Why, most clearly, the State, slaves. In future, other fugitive slaves will probthrough her appropriate officers, when he might ably seek that neighborhood. Now, suppose a be found. master should seek to recapture there a fugitive But suppose he was wrong in all this: it did not slave: what would be the result? Massachusetts make the case of Massachusetts, and other States has prohibited her officers from assisting him. In which had adopted similar legislation, any better. the absence of their authority, is it not certain that If the laws whichl they had passed did not violate he would be resisted? In such a case he would the letter, they certainly most clearly violated the be entitled to sue for the penalty imposed by the spirit, of the Constitution. last section, and also for damages. But with runWhy was the clause relative to fugitives from away slaves to try the cause, and the Massachulabor inserted in the Constitution? I will let Judge setts negro judge, so highly eulogized by the genStory answer that question. In the case already tlemanll, [Mr. P.,] what chance of recovery would referred to, he said: he have? "Historically, it is well known that the object of this The object of the Constitution and of the law of clause was to secure to the citizens of the slaveholdintg 93 is very plain. The third section vas designed States the complete right and title of ownership in their to arm the mster with the State authority to enslaves, as property, in every State in the Union in wliic to arm the master with the State athority to e they Inight escape from the State where they were held in force his rights. That, Massachusetts has taken servitude. The full recognition of this right and title was away in the manner I have shown. The last was indispensable to the security of this species of property ii designed to detel private pelsons from obstructing all the slaveholding States, and, indeed, was so vital to the in the assertion of those rghts. If te laws preservation of their domestic interests and institution of those rights. If the laws that it cannot ie doubted it constituited afitndanental c article, enabled the master to enforce this last section, he without the adloptio of which the Union coutd not have been still would have had some chance. Althoulh the bormed. Its true design was to guard againrst the doctrines State officers were prohibited from assisting him in and principles prevalent int the nion-slaveholding States, by the assertion'i preventing thema fromi intermneddling or obstructing the rightss at large of' owners of slaves." would have been deterred by the fear of a penalty Again: from resisting him. But to make the destruction "'The clause manifestly contemplates the existence of a of our constitutional right complete, this restraint positive, unqualified right on the part of the owner of the is removed; and the persons who resist a master slave, which no State law or regulation can in any way in the assertion of his constitutional rights has inquality, regullate, control, or restrain. The slave is not to d be discharged fioom service or labor in consequence of any against the penalties of the last se State law or regulation. Now, certainly, without indulging offered him in advance. Under such circumstances, in nicety of' criticism upon words, it may fairly and reason- not only is the recapture of a fugitive slave imposab)ly be said, that any State lawv or State regulation which sible in Massachusetts, but the master who should interrupts, limits, delays, or postpones the right of the owner attempt it would most c to the immediate possession of the slave, and the immediate comlnand of his service and labor, operates, pro tanto, a ages by the verdict of a negro jury. discharge of the slave therefrom. The question can never With what unblushing effrontery is it not, then, bhe how mucli the slave is discharged frome, but wimetberhe that gentlemen cbme here and tell us they are willis dtischarged ti'om any, by the natural or necessary operation of State lawiv or State regulations. Tile question is not one ing to stand by the compromises of the Constituof' quantity or degree, but of withholding or controlling the tion on the subject of slavery. incidents of a positive and absolute right."' But some of the other non-slaveholding States This is the object of the Constitution. Now, have gone even further than this. They have exwhat is the duty of the States living under its pro- tended the right of trial by jury to fugitive slaves; tection and enjoying its blessings? Is it not to and enacted provisions which make the recapture carry out in good faith its provisions? But do not of them absolutely impossible. the laws of Massachusetts obstruct and hinder a The Supreme Court has decided, and so have master in recovering a fugitive slave? Does not most of the State courts, that the Constitution conevery one know, that without the provision in ques- templates a summrary ministerial proceeding, not tion,the Constitution never would have been adopt- acccording to the rules and forms of the common ed? Suppose our forbearance should be such- law. And they have also decided that the quessuppose our devotion to the Union is so great that tion of slavery or fieedom does not arise on such we should submit to its annulmentl: yet is it right a proceeding. The only question is, was the slave to take advantage of such feelings to trample upon " held" to service or labor? but whether rightfully our constitutional guarantees? Unless gentlemen or wrongfully held, was a question which could are aiming at a dissolution of the Union, they are only be tried in the State from which he fled. In proceeding upon the supposition of the existence the language of Mr. Chief Justice TilghIman, which of such a feeling on our part. But are they not has been followed by all the higher courts since, discouraging and weakening that f'eelin? And is both State and Federala feeling of loyalty to this Union to be taken ad- "' ft plainly appears fromn the whole scope and tenor of tile vantage of to trample in the dust its fundamental Constitution and act of Congress, that the fugitive was to articles? I bes gentlemen not to make a mistake be delivereno up oai a cumnart y proceedimig, witllout tihe delay of a formal trial in a court of commom law. BRmt if lie had on this point —it would be fatal. I know ve have really a riglht to freedoam, that right was not impaired by this borne much; but there is a point beyond which proceeding. He was placed just in tire situation in which forbearance cannot' go; and we are much nearer he stood before he fled, and might prosecute his right ill the that point than even some of ourselves imagine. State to which he belomged." But the State of Massachusetts had not only Notwithstanding these are the admitted princinullified the third section of the act, but the last ples of the Constitution, which the law of'93 was also. The gentleman [Mr. PALFREYJ had told us designed to execute, several, nearly all, the norththat in Massachusetts negroes could sit on juries; ern and eastern States have passed laws conflicting and he had also told us there was one settlement irreconcilably with them. Mr. B. referred particin his State of upwards of three hundred fugitive ularly to the law of New York, but said Connee

Page  15 15 ticut, Vermont, and other States, had passed others Now, sir, why are all these unconstitutional proprecisely similar. The following is an analysis of fessions sanctioned by the northern States? Is it the law of New York:| from any enlightened love for freedom? Have I In its first section it provides " that the claim to not shown that in these States they extend to the the service of the alleged fugitive" shall be tried by free negroes none of the privileges most prized by a jury. The 3d, 4th, and 5th provides for empan- freemen? Is it because such a population is deneling the jury, and prescribes the form of pro- sirable to them? Do they not exclude by law1 ceeding. The 6th section makes the finding of the or public sentiment, which is much stronger, such jury conclusive, gives an appeal to the slave as a negroes as are unquestionably fi'ee? matter of right, and denies it, under any circum- Look to Ohio-a State which had more abolistances, to the master. But if by mere possibility tion Representatives on this floor perhaps than any a verdict should be rendered in favor of the claim- other-what had she done in relation to the Ranant, the 7th section provides a pretext for the dolph negroes? At his death he emancipated them1 rescue of the slave, by declaring that without any and made provision that land should be purchased unnecessary delay he shall be removed out of the for them to settle on, His executors went into State " oil the direct router" to the State from which Ohio and bought lands for that purpose: no ob jeche fled. The 8th section provides, that if the tion was made to the purchase of the lands, but verdict is in favor of the slave, he shall never when they undertook to settle on their lands, how thereafter be molested; and that if any person shall -were they treated? Were they not mobbed? Did remove him out of the State, " under any process or not almost an army of armed men beset the canal proceeding whatever," he shall be deemed guilty of banks on which they were floating? And a gentlekidnapping, and, upon conviction, shall be impris- man from that State, not now here, who was so oned in the State prison for a term, not exceeding active in all these abolition movements, maintained, ten years. This provision is obviously designed that they were right in not letting the free negroes to deter the master from applying to the Federal settle there to contaminate their society. Yet these Judiciary, and punish him if he take the slave out free negroes would not be one to twenty thousand of the State, even by virtue of its process. The of their population, while thesamegentlemen would 9th section secures the slave every advantage of be glad to set loose the whole of the black populalegal defence at the cost of the State; the 10th makes tion in Virginia and the other southern States1 the claimant liable for the costs of the trial, should where they, in many parts, outnumbered the lie be unsuccessful, as he could not but be; and the whites. This was their philanthropy, and their 11th makes him responsible for a large portion love for the negro! of them in any event. The 12th requires the com- If these negroes had been fugitive slaves in plainant, before he commences his proceedings, to many parts of Ohio, if not in that, they would give bond in the penalty of one thousand dollars, have been concealed and harbored; but as they with two securities, "inhabitants and freeholders went there with the approbation of the master1 of the State," conditioned to pay all costs and ex- they were mobbed, and members here, who would penses, to pay two dollars a week for the keeping have abetted the first proceeding, defended the last. of the slave during the proceedings; and in the Have these abolitionists, in their proceedings, event that the verdict of the jury is against the any wish to better the condition of the slave? Do claimant, that he shall pay all costs and expenses, they believe, after his escape to a non-slaveholding the fugitive's as well as his own, and, in addi- State, his condition is any better? tion, pay the fugitive one hundred dollars and all He had been a great deal in Ohio, and; for the damages which he may sustain! which damages benefit of the gentleman from Ohio, he would tell might be assessed by a jury composed of aboli- him'some facts which he knew existed there in tionists!! The 15th section puts itin the power reference to the free negro population. When he of the slave interminably to delay the trial, by pro- was out there in 1845, he had found a large colony curing commissions to examine witnesses out of of emancipated slaves from North Carolina colothe State, during which time he is supported at the nized on one of his surveys. They had gone expense of the master; and it extends to the slave there, as they had told him themselves when he the privilege of taking these examinations while visited their cabin, because he was a slaveholder the same privilege is denied to the master. The and a Virginian, and they knew, therefore, with 16th section is designed to annul that clause of the such a man they would escape oppression; and act of Congress which authorizes any State magis- they preferred to do that to going on the lands of trate to issue a warrant for removing a fugitive any man from any of the non-slaveholding States, slave to the State from which he fled. The 17th He conversed with these men; one of them, who punishes with a heavy fine, and imprisonment in the was an exceedingly intelligent man, told him hia penitentiary, any person who shall attempt to re- condition in Ohio was infinitely worse as a fiee move a slave from.ecw York by any such warrant; mail than it had been in North Carolina as a slave, and inflicts like penalties on any one who shall "Sir," said he, "' there I had a master to protect exercise his right of recapturing his slave where- me; nobody undertook to encroach on my rights; ever found, or seize him under the law of Con- nobody undertook to wrong me in any respect; if gress. they did, I had a man of character to vindicate me. No argument is necessary to show that such a But here, any petty fellow in the neighborhood law is in irreconcilable conflict with the Constitu- would undertake to oppress us in every'form and tion and laws of the United, States, and so the Su- style, and we cannot have justice done us." From preme Court of the United States and the court of tliis fellow he had been confirmed in the idea which last resort of New York have decided. But still, he had before entertained, that in manumitting a there stands thelaw onthe statute book-an oblation slave, he only ceased to be the slave of an individual to the abolitionists, and a disgrace to the State. master, who was prompted by interest and feeling

Page  16 16 to protect him, and became the slave of the comn- ed to make yesterday, but it had escaped him. IL munity at large, which had neither. was due from him to an old and esteemed friend, Mr. B. verily believed that the negro never could The gentleman from Massachusetts had underbe happy among a people they were not used to, taken to assail Mr. Ritchie, the editor of the Union, and who were- not used to them. The statistics for commenting on his course in thisHouse. Now, of the gentleman's own State would show this. he (Mr. B.) thought the House would bear him I-He had been told that the free negroes in Ohio witness that what he had said was quite as offenwould not go up to the gentleman's district; that sive as what Mr. Ritchie had said; it therefore they were all hanging down about Chilicothe and would have been as proper if the gentleman from that part of the county peopled by citizens from Massachusetts had vented his wrath on him, (Mr. the slaveholdincg States. They said: 6 These Ken- B.,) who was privileged to reply, and not on a gentuckians and Virginians understand us; they treat tleman who had no seat on this floor, and enjoyed us well; they respect our rights;" but the very no such privilege. moment one of them was found in the abolition Mr. ASHMUN replied to Mr. BAYLY, and on district, he was oppressed in every form and style. the same day Mr. B. rejoined as follows: Mr. GENTRY, (in his seat.) And cheated. Mr. BAYLY said he should not have asked the Mr-. BAYLY, (continuing.) And cheated, as indulgence of the House again if it had not been his friend firom Tennessee said; he had not seen for the character of some of the remarks which fit to use that word.. had fallen from the gentleman from Massachusetts, Look into the statistics of thegentleman's State, [Mr. Asu-IumN..] He, however, thought it neces(Mr. B. continued.) Howr many negroes were sary, for his own justification, to refer to some of there in Ross county, which was peopled by Ken- the remarks of the gentleman. EHe had stated tuckians and Virginians.? His impression was, that that he (Mr. B.) commenced this debate. Now, there were upwards of a thousand, perhaps seven- would not this House bear him witness that he teen or eighteen hundred. But go to the North- had not opened his lips on the subject; that he had western Reserve,and how many were there? They not evinced a disposition to say a word until the had an instinct which pointed out to them from amendment had been offered by the gentleman from whom they might expect respect for their rights Massachusetts, and after the gentleman firom Ohio and kindness, It was those men who had been [Mr. GIDDINGs] had made his exceedingly inflamraised among slaves, who treated them with kind- matory speech, in which he had attacked the South ness and justice. with great bitterness? One other point. The gentleman from Massa- Mr. ASHMUN said he must set the gentleman chusetts had undertaken to come before this House right. He had not charged the gentleman from and say that he (Mr. B.) did not represent the en- Virginia tWith introducing the subject of slavery, lightened opinions of his district or State on this for that was introduced by the resolution itself, or subject. ie would liketoknowlhowthegentleman by the amendment which he had offered, or by the became so well informed, and how he assumed President's message, he cared not which. But he to know their opinions better than he, (Mr. B.) had charged the gentleman with introducing perIt was the same arrogant assumption of superi- sonal denunciations, and to those personal denunority which hlad led the gentleman to undertake ciations he (Mr. A.) had replied. to decide that he was better acquainted with the Mr. BAYLY said the gentleman was greatly in subject of slavery than he (Mr. B.) was. But he error, as the House would bear himI testimiony. would test this question by the Representatives of Before the gentleman fiom Ohio had made his vinVirginia. If there was any gentletman, Vhig or dictive speech against the South, in which he had Democrat, from Virginia who said that, inI the denounced them,and spoken of them in terms which remnarks he had made relating to the question of no southern member could listen to unmoved, in slavery, he had not represented the feelings of his advocacy of the amendment of the gentleman fiom State, he demanded that he should rise in his place Massachusetts, which was in itself offensive to the and say so. South, he had not opened his mouth. Mr. B. here paused, and, no gentleman rising, He asked the gentlenien to look at their own he asked if there was not one Representative from resolutions. Those resolutions were personal to Virginia, vwhether,he be Whig or Democrat, who him as a southern man, and to every slaveholder would back the gentleman from Massachusetts in there. They were charged with living in the hahis assertion that he (Mr. B.) had misrepresented bitual violation of cardinal republican principles. the feelings of his State? He called again, if there Such was the character of their resolutions, and the was any such gentleman, to rise and avow it. Mr. remarks of the gentleman from Ohio which brought B. again paused for a moment. him to his feet were of the most offensive character. Mr. ATKINSON rose and endorsed what Mr. And who had renewed the debate to-day? Was it B. had said. he, (Mr. B.)? Mr. BAYLY (resuming) said the Representa- But the gentleman from Massachusetts had spotives from Virginia all either openly or tacitly re- ken of his manner as habitually haughty and dispudiated the charge of the gentleman from Massa- courteous. He did not choose to vindicate his chusetts that he had misrepresented his State. manners there. His manners were learned in a The Representatives of the State bore testimony different school from that in which those of the that he has not misrepresented the State at large. gentleman from Massachusetts were learned; and, Whether he was misrepresenting his particular whenever he wished to improve them, lie should constituents it would be for them, whenever his go to a better model than the gentleman fiom Masconduct passed under their review, to decide, and sachusetts. Whenever he desired lessons and lecnot the gentleman from Massachusetts. tures on manners, he should not select the gentleThere was one other remark that he had intend- man from Massachusetts as the lecturer. His

Page  17 17 manners are such, he hoped, as became a Virginia ed a consciousness of weakness in a disputant, gentleman. more clearly than a misrepresentation of the posiAs to the charge of discourtesy, he appealed to tions of his antagonist. He never had asserted this House-he appealed to the gentleman's own that Congress could make laws controlling State colleague, who had renewed the debate this morn- officers, as such. Congress might (as it had done ing, [Mr. PALFREY.] He appealed to this House in 1793, and on many other occasions) impose certo know if on every occasion, when requested, he tain duties on men who were State officers, but not had not yielded the floor to the gentleman from as qoicers ofthe State, but simply as citizens of the Massachusetts and every other gentleman who had United States. The reference to certain State offidesired it; even to the gentleman fiom Ohio, [Mr. cers in the United States law was simply designatio GmIDDING,]whose course wassoconstantly offensive persoate. And thus much Congress always had to the South-who charged them with being men- exercised tie right to do. It was done in some of thieves, and applied to them other abusive epithets the United States revenue laws, and admiraltylaws, which his imagination alone could conceive. Abu- which required sheriffs and other State officers, sive as his conduct was to the South, he asked if he without other personal designation, to perform had not treated even him with courtesy, by yielding certain duties; but when they so acted in obedithe floor to him for explanation when he desired ence to the law of the United States, they held two it? Mr. B. would putthe charge of the gentleman relations, one to the State, and the other to the from Massachusetts to the test. Throwing the United States. There were many other cases lhe gentleman and his immediate coadjutors out of the could quote where the laws of the United States question, (who were not to be a judge in their availed themselves of State officers for their exown cause, and to whom he had not sought to be ecution. courteous,) he would appeal to the whole commit- Indeed,in the early Congresses a disposition was tee, and ask if any one present could rise and say manifested, which was very proper, with the view he had at any time received discourtesy at Mr. of preventing a conflict of jurisdictions, to confide B.'s hands? [After a pause:] Not one! Then the execution of as many United States laws as what became of the gentleman's charge that he possible to State officers. had been habitually haughty and discourteous? It The gentletnan had further said that Virginia and was stamped with the unanimous reprobation of South Carolina had violated the Constitution, in the House. forbidding free negroes to come within their borAgain: the gentleman, in his great desire to ders. The gentleman affirmed that free negroes place him in a disadvantageous light before the were citizens of Massachusetts. Did not the gencountry, had said that he had lauded Mr. Ritchie, tleman know that almost all the courts in the whole and that in turn Mr. Ritchie had lauded him. HeI country had decided that free negroes were not demanded of all gentlemen present to say whether citizens? They held, that as they were not parties he had used a solitary expression laudatory of Mr. to the constitutional compact, as they had had no Ritchie-in any way expressive of approbation, hand either in its formation or subsequent admineven? WVould any gentleman say he had? [After istration, they were not citizens in view of it; and a pause:] Not one! What then became of that the Supreme Court had decided that the States charge? Like the other, it was stamped with uni- might prohibit free negroes from coming into their versal reprobation. borders by virtue of their exclusive jurisdiction The gentleman had affirmed that he had said he over every subject of police, exactly as they might [Mr. A.] had taken a week to concoct his speech, exclude vagabonds and evil-disposed persons. But while Mr. B. had only asked the attention of the even if these laws were violations of the Constitucommittee to make an impromptu rejoinder. In tion, which he expressly denied, who had driven speaking of the time the gentleman fiom Massa- the southern States to the adoption of such laws? chusetts had taken to prepare himself, to what had 1Did not that gentleman well know that if there was he referred? Was it the personalities of the gen- an error anywhere, it lay on just such persons as tleman, or was it not to the substance, the facts himself? It was the mischievous machinations of and arguments of his speech, and the authorities just such people as this member forom Massachuhe had quoted? Certainly to its substance, if there setts which had compelled the South to keep out was any in it, and nothing else. He had not, of the free negro population of the northern States course, referred to its personalities. He had not as they would a pestilence. presumed to say that the gentleman could not at In this connection, he wished to remind the any moment get up and deal in abuse. By no gentleman, [Mr. ASHMUN,] that some of the nonmeans: he knew him too well. Abuse was low slaveholding States prohibit the free neg-roes from and easy; and the gentleman was at any time quite Massachusetts from going within their borders. equal to it. W7,hat he had referred to was the sub- Why does not Massachusetts complain of this>? stance of his speech-his historical facts and refer- Why does she not institute a Hoar mission to test eaces to books. These were what he had said the the validity of these laws? For any honest purgentleman had taken a week to prepare; and so the pose, I presume the free negroes of Massachusetts committee understood him. would be more likely to go there than to the slave The gentleman had attempted to put him in a States. Why, then, do they not make anmoutcry false position in another particular. He affirmed against these laws? Why do they complain that that he (Mr. B.) had said the United States Gov- slave States keep the free negroes of Massachusetts ernment had a right to control State officers in the out of their borders, while they make no complaint discharge of their State duties, and had argued to that non-slaveholding States do the same thing?. show that this position was false. That was very Gentlemen may rely upon it, we understand them, easy. But he never had take: that position; and and understanding their purposes, we will not be Mr. B. begg0ed leave to remark, that nothing show- apt to repeal our laws. 3

Page  18 18 In conclusion he would say, he should not bandy that if he were asked which he would prefer, perepithets with the gentleman firom Massachusetts. manent slavery or immediate abolition, he would That gentleman had assumed that the attack and answer that he would prefer things remaining as offensive remarks had first come from him, (Mr. they were. And he gave as a reason for preferB.,) and he should leave him in the position this ring permanent slavery to Immediate emancipaassumption placed him. He had no more dispo- tion, "his duty to guard the interests of those sition to assail the gentleman than the gentleman who, by no fault of their own, by inheritance, by had disclaimed to assail him. During the little accident, by encouragement of repeated acts of the intercourse they had had together-and the gentle- Legislature, find their property invested in a conman had served with him during more than one cern exposed to innumerable hazards and difficulCongress —he had tried to act toward him as a gen- ties which do not belong to property of another tleman should act; and he would undertake to say character, such as, if they had their option, as that he had not applied to him one remark which their ancestors had, they doubtless would have any member from the South thought unfit, unduly preferred." severe, or unprovoked. At that time the doctrine of Mr. Cannin. was the doctrine of the English nation. But how stand matters now? A change in the physical condition FaRlAY, 2pril 21, 1848. and with it the policy of England took place, and The House having under consideration the Resolution of they abolished in the first instance the slave trade, Mr. PAI,,FREv, respecting the individual privilege of Mein- and secondly slavery itself; but, as he should show bers of the House- by historical facts, they abolished it with no views of philanthropy, but to promote their own selfish Mr. BAYLY said he had designed, when he came interests. here this morning, to discuss this great question of He begged permission to read an extract on this privilege, but it had been so satisfactorily argued by subject from a speech of his own, delivered some the gentleman from Kentucky, [Mr. THtOMPSON,] years ago, as the facts were there succinctly stated: that he should not attempt to add anything to that "And why does England desire the abolition of gentleman's argument. But he meant to present slavery in the United States? Sir, it is to cripple a second view of the subject which he at the same our prosperity; and the blow is aimed as much at time had in contemplation. Conceding the right the North as the South, as much at that portion of of this House to pass this resolution, yet the con- the country which is her most formidable rival in duct of the person who was said to have been commerce and manufactures as at us, who are promenaced had been such, that, admitting the juris- fitable consumers of her productions, and her rivals diction of this House, it was not becoming in them in but little. to exercise it. What he had been subjected to "If there are any here who may be deluded by was the legitimate consequence of his own conduct, the idea that England is actuated by philanthropic and for him he had not the slightest sympathy. motives, if he will attend for afew moments, I will He desired to show-and, unless he had greatly show him, that so far froim that, her purposes are mistaken the force of evidence, he should show- the most selfish and heartless. A short recital of that the agitation of this subject of slavery in authentic historical facts will establish this position.'this House, out of which so much mischief had "We all know that for more than two centuries grown, was occasioned by the instrumentality of the African slave trade was carried on by the Brita foreign nation, which was prompted by self- ish nation under the patronage of the Governmlent,. ish views to aim a deadly blow at not only the and was protected by charters of monopoly and prosperity, but the very existence, of this coun- public treaties. Under the Stuart kings, charters: try. The House might suppose that this was a were granted, endowed with exclusive privileges broad assertion, but he pledged himself to prove for carrying on the African slave trade, and they its truth. H-e repeated that this abolition move- were sustained by all the power and patronage of ment in the North, which had grown up until the British Government. it had assumed so fearful a character, was the " At the celebrated treaty of Utrecht, in 1713, by prompting of the British nation, and the abolition- which the Spanish succession war was terminated, ists here are but the instruments of another nation the British nation obtained, by what was called the in its aggressions on us. Gentlemen might regard.1ssientto contract, the exclusive privilege of carryit as a bold assertion, but he was prepared to es- ing on the slave trade for thirty years, at the rate tablish it, and he desired now to do it the more of 4,800 slaves yearly; and Lord Brougham said, that the North rather than the South might see the in the House of Commons in 1815, the English testimony. They all knew that for more than two nation had obtained' the whole price of the vietocenturies there was no nation on the face of the ries of Ramilies and Blenhein in an additional earth that clung so tenaciously to the slave trade share of the slave trade;' and Mr. C. Grant, in and to slavery as the British Government. Down 1818, informed us' that she higgled at Aix-la-Chato as late a period as 1776 a motion was made in pelle for four years longer of this exclusive trade, the British Parliament, by a Mr. David Hartley, and at the treaty at Madrid clung to the last reto inquire into the propriety of abolishing the slave mains of the Assiento contract.' trade, and his resolution was not even considered: "In consequence of the activity of the marine of for at that time nobody in Great Britain aimed at England, and her possessing the exclusive trade, the abolition of slavery, and very few of that of she soon stoclked her own colonies. Desiring the the slave trade. The British Parliament would monopoly of the tropical productions, as the means not even consider it. At a period much later than of securing it, and to prevent the supply of labor that-in the year 1824-Mr. Canning, as a minis- for the southern colonies of other nations, she comter of the Crown, said in the British Parliament I enced agitation in favor of the abolition of the

Page  19 19 dfricna slave trade. But it was only the Jfrican until it comprehended an empire of one hundred slave trade. It was necessary that the subject of millions of souls. it should have a black skin and a woolly head to " In the mean time great changes were going on enlist English sympathies. It is notorious that in England. From being an agricultural people, slave fairs are regularly held in the regencies of and the exporter of agricultural produce, by the Tripoli and Morocco, and they are transported inventions of the power loom and spinning jenny, thence up the Levant, where they are again ex- the improvements in science, and the introduction posed to sale like cattle in the market. But these of the steam engine, she was converted into a great people did not come into competition with Eng- manufacturing nation. To sustain her manufaclish colonies in the production of the great articles tures, a secure market was necessary for the proof commerce, and hence they do not enjoy her dis- ductions of them. The same causes which had interested philanthropy, which has its beginning stimulated manufactures in England had also done and end in the profits of trade. I the.same thing in the United States and upon the " In the abortive attempt at negotiation for peace continent of Europe. Besides, those markets, even by Mr. Fox in 1806, an effort was made to induce if they were open, were not within the exclusive France to join in the abolition of the slave trade. control of Great Britain. This was indispensable, The French minister replied: and the desideratum was found in India, if her "'England, with her colonies well stocked with negroes, people could but be raised up to the condition of'and aflordina a large produce, tighlt abolish the slave trade consumers. To do this, it was only necessary to without inconveniencee; but that France, with colonies illI'stocked and deficient in produce, could not abolish it with- destroy all her rivals in the production of the'out conceding to England the greatest advantages, and sus- growth of the tropics. These rivals were the Uni-'tailing a proportionable loss.' ted States, the West Indies, and Brazil. The sta" Upon the restoration of Louis XVIII. to the pies of each of these countries were cotton, rice, French throne, (who acknowledged that he owed tobacco, sugar, and coffee. These were the staples it to Great Britain,) his gratitude was appealed to of British India. England had seen the island of to abolish the slave trade; and that being ineffect- San Domingo converted, by the single act of negro ual, offers of sums of money and the cession of a emancipation, from the most flourishing of all the West India island were made, but without success; West India Islands into the most unproductive, the same answer being given substantially which and the culture of the indigo plant, which was its had been given before. In August, 1815, England staple, transplanted to the banks of the Ganges restored to the Dutch Government their colonies, and Burarnpooter. And it was once inferred that, excepting the Cape of Good Hope and Dutch Gui- if African slavery could be abolished, British India ana, in consideration of the entire abolition of tile would possess a monopoly in the production of the slave trade by the latter. plants of the tropics, and her prosperity be estab"During the niegotiation of the treaty concluded lished upon a secure basis. England considered at Madrid on the 5th of July, 1814, Great Britain the sacrifice of her West India colonies but a small attempted to prevail on Spain to prohibit to her price for so great a good. The d20,000,000 which subjects both the general slave trade and their im- was appropriated for the indemnity of the planters portation into the Spanish colonies, and went so amounted to nothing, as scarcely a dollar of it left far as to offer to continue the pecuniary subsidies London, it being received by British mortgages of which the deplorable condition of the Spanish West India plantations. And an agitation was at finances made so necessary. But she failed, the once commenced, in the hypocritical name of phiDuke of San Carlos remarking,'that, when the lanthropy, in favor of the abolition of slavery. slave trade was abolished by Great Britain, the And as soon as it was accomplished in the WTest proportion of negroes to the whites in the British Indies, the theatre of operations was transferred to colonies was as twenty to one, while in the Span- this country in the manner I shall very briefly no-'ish colonies there were not more blacks than tice. The fact that philanthropy had nothing to'whites.' And he refused to take a step which'he do in the matter, is shown, if other proof were'considered would be fatal to the very existence wanting, by the emancipation act of the British of the colonies.' I Parliamient itself. By the 44th section of that act, " In January, 1815, Great Britain obtained from I it is declared that'it shall not extend to any of the Portugal, for pecuniary equivalents, the prohibition territory in the possession of the East India Comto its subjects of the slave trade on the western pany, or the islands of Ceylon or St. Helena.' And coast of Africa north of the equator. Further than yet this is precisely the country where slavery exthis Portugal would not go. ists in its most horrid form, and where the Brit"The island of Guadaloupe, conquered from ish Government is itself the greatest slaveholder in France, was ceded by Great Britain to the Swedish the world, and hires out its slaves for profit." Crown, upon condition of abolishing the slave " His authority for this was an extract from the trade; and at the treaty of Madrid of the 22d of Asiatic Journal for 1838, published in London, September, 1817, she purchased from Spain the page 221, as follows: immediate abolition of the slave trade north of the IN MALAAR equator, and a promise to abolish it altogether,, there is not a servant of Governinent in the south of India after 1820, for the sum of &400,000." *, * 1 who is ltotilntimately acquainted with the alarmigl factthiat "But, while these events were transpirin, a, hundreds of tiousaiids of hIis fellow-creatures are fettered great, whan e withese events werthe Blritingh em-' down for life to the degraded destiny of slavery. We know great change was takin place in the itih e-,that these untfortunate heings are not, as in othler countries, pire. There was found in the counting-house of' sserfs of the soil, and incapable of being transferred, at the the East India Company an obscure boy (after-'pleasure of their owners, from one estate to another. No; wards Lord Clive) who turned out one of Britan- c they are daily sold like cattle by one proprietor to another; nia's gods of war. By the power of his genius a' the husband is separated from the wife, the parent from the gi.ls.Prd'child; they are loaded with every indignity; the utmost small English trading post in India was expanded'quantity of labor is exacted from them, and the most mea

Page  20 20 iger fare that human nature can possibly subsist on is doled stranger had just as well undertake, after a lapse tout to support them. The slave population is composed of of seven years, to distinguish the different sheep in'a great variety of classes: the descendants of those who L'have been taken prisoners in time of war; persons who a large flock. Chave been kidnapped from the neighboring States; people "1 Sir, this is not speculation. The impossibility'who have beenborn under such circumnstances as that they of the thing has been tested in our own courts.'are considered without the pale ofthe ordinary castes; and The follown e the facts inthe case ofhe Anothers who have been smuggled from the coast of Africa,'torn from their country and their kindred, and destined to'telope: A privateer, called the Columbia, off the'a more-wretched lot, and, as will be seen, to a more endu- coast of Africa, captured an American vessel, from'ring captivity than their brethren of the Western Wprld. Bristol, in Rhode Island, from which she took twen-'Will it b)e believed that Government itself participates in'-this description of property; that it actually holds posses- ty-five Africans; she captured several Portuguese'sion of slaves, and lets them out for hire to the cultivators vessels, firom which she also took Africans; and'ofthe country, the rent of a whole family being two farams she captured a Spanish vessel, called the Antelope,'or haltl a rupee (about $3 50) per annumn?' in which she also took a considerailfe number of 6"But why dwell on these comparatively few Africans. All of the Africans captured were shipslaves? The whole of Hindostan, with the ad-. ped on board the Antelope. Thus fieighted, she jacent possessions, is one magnificent plantation, was'found hovering near the coast of the United peopled by more than one hundred millions of States, was captured by the revenue cutter Dallas, slaves, belonging to a company of gentlemen in and taken into Savannah for adjudication. The England, called the East India Company, whose Africans, at the time of her capture, amounted to power is far more unlimited and despotic than that upwards of two hundred and eighty. Claims were of any southern planter over his slaves-a power set up to the Afiicans by the Spanish and Portuupheld by the sword and bayonet, exacting more guese vice-consuls, respectively, and by the United and leaving less of the product of their labor to the States. The claim of the United States, under the subject race than is left under our own system, law for the abolition of the slave trade, was.suswith much less regard to their comfort in sickness tained as to the portion taken from the American and ace. vessel, The residue were divided between the X" As startling as these disclosures are, the whole Spanish and Portuguese claimants. About onestory is not yet told. England has not only en- third of the negroes had died. -It was impossible gaged in a hypocritical crusade against slavery at to distinguish the several classes of Africans; and the time she is herself the greatest slaveholder in the court decided that tlie loss should be averaged the world, but she has absolutely made the act of among the three different classes, and that sixteen her Parliament for the abolition of the slave trade should be designated, by lot, from the whole numthe means of converting her national navy into ber, and delivered over to the marshal of the United slavers. Whenever one of-her cruisers captures a States, as afair proportion of the twenty-five proved slaver, she is carried in and condemned, and the to have been taken from the American vessel'. Africans found in her are taken to the West Indies," Now, sir, what will be the operation in pracand sold into apprenticeship (as this new species tice? Whenever one of these apprentices shall of slavery is called )- to raise the prize money. become disabled or die, they will be sure to make " Now, (said Mr. B.,) I assert, with a knowl- it out that he was one whose apprenticeship was edge of the subject upon which I am speaking, expiring, whereas the apprenticeship, of such as that this species of slavery and slave trade, intro- shall continue valuable will never expire. The duced by the British Government, is the more consequence will be, the master will always hold profitable to the master and slaver, and more gall- the profitable and get rid of stuch as may be othering to the slave, than any which can possibly be wise. And I repeat, it will be the most profitable imagined. Let us look at the operation of it. It slavery which has ever been introduced; and this has been seen fromn the publication made'by D. is British philanthropy! Hall, that the English, in carrying on their slave "The motive bf England in agitating the subject trade, do not purchase the negroes as other slavers of slavery is thus shown. Her object is to dissolve do, but they capture them. Under the English act the Union; to cripple our prosperity, and destroy abolishing the slave trade, ~7 isgiven to the captors her most formidable rival in manufactures and for every slave taken. They are taken in and con- commerce. And the blow is aimed as much at the demned, and then carried to the West Indies and North as the South. The assault, it is true, is made sold as apprentices for a term of seven years. more directly upon the South, but it will reach the These poor creatures are taken to a country whose North through us." laws they do not understand, and whose language These, then,were the motives of England. They they do not speak, and for a long time will be inca- were strictly selfish. She wished to strike down pable of learning. Who is to see, during their ap- her rivals in agriculture and commerce, and hence prenticeship, that they are treated well and care she wished to make the South a waste, because it takenof'them in sickness? The masterhas no inter- was her rival in the production of tropical produeestin them butforseven years, and his object will lie tions, and served to build up a conmercial marine to get as much out of them as possible in the mean and to promote maritime pursuits. Shehad enlisted time, and to incur as little expense as possible in on her behalf the abolitionists of this country; and taking care of them. And, when the apprentice- this was-the point to which, having shown the obship expires, who is to identify them and see that iect of England in desiring the abolition of slavery, they are discharged? I may be told that a regis- he would now call the attention of the House. He try is provided for-but what registry can protect designecl to show that the abolitionists and some them? Let me illustrate. There is a plantation of the State Legislatures were acting in obedience with one hundred of these wild Africans upon it. to the sougestions, and as the instrtiments of EngWho can distinguis1h one fiom another? They land, in aiming a blow at this whole Confederacy. will be so much alike it will be impossible. A It was aimed at the North precisely as much as at

Page  21 21 the South; and he pledged himself, unless he had inquiry propounded to Mr. Ogden, the abolitionists greatly mistaken the force of evidence, to bring it of the North, at their annual meeting in New York, home to them conclusively. in 1838, composed of all their leading men, in disAfter the abolition of slavery by England, then cussing the mode of bringing about this abolition, commenced this agitation here on the same subject. say that the discussion of the subject of abolition Prior to 1832-prior to the abolition of slavery in at the North and in Congress will have that tendthe Whest Indies-there was no agitation here. It ency. The benefit, as they were pleased to call was true that some peaceable, quiet Quakers would it, of the agitation of the subject of slavery on this sometimes send their petitions to Congress, but floor is thus explained: they were quietly laid on the table by the concur- cc The interest which they themselves will take in the disrence of both North and South, antl there was no cuession. In spite of all precautions, the slaves-will become excitement whatever,. But at that time there was acquainted with what so deeply interests therm; a nd, so far as they do, self-respect will be regenerated —ail excellent and raised in the British Parliament a committee on the prohtable sentiment lob a free laborer, but ruilonus to the subject of slavery, and the following question was slave. It was the testimony of the planters of Jamaica, propounded by that committee to Mr. Ogden, the before the B3itishI Parliament, that their slaves became American consul at Liverpool: acquainted with all that passed in respect to them in the American consul a tt iv erpool: mother country, and were thereby too much excited to fill " If you could suppose that the slaves of Louisiana were the places of slaves with slavish obedience. generally able to read, and that angry discussions perpetu- " The knonwledge of the slave that a porttion of the whites ally took place in Congress on the subject of their liberation, are, exerting theinselves for his emnancipation, upon thie which discussions, by means of' reading, were made known ground that he is illegally held in bondage, will malte him, to the slaves of Louisiana, do you think that with safety the they say, iinpatielt in his servitude. It will matte him state of slavery cpuld endure there?" sullen and moody. It will incite him to indulge dreamns of The result of the answer of Mr. Ocden to this freedom in another land which he can never enjoy in his.* I | i 1 town. He will be redsuced to a condition in whllich is master question of the British Parliament was soon seen. cannot rely upon his labor. He will be disposed to run Imnmediately after that time, the agitation of the away, and ata time when his services can be least spared. question of slavery commenced here by emissa- TThe master will he esutjected to constantandheavyexpenses ries of a foreign nation; and in 1840 the World's to recapture bimr. le will thus become to his owner a n~~~~~ * ~ Xs11*AT7**lource of vexation rather than comfort, of trouble and exConvention was held in London, consisting of 493 pense rather than profit." delegates from every part of the world. The United Toestablishthese factsthereiscopied into the States was represented; and in that convention the repor t the following extract of a letter from a man attention of the British nation was particularlyv attention of the British nation was particularly at the South, to whose sister a gentleman of New directed to the abolition of slavery here. He had Yo had sent wo lition pamphlets: shown with what views and purposes they desired to Yo had sent two o books you sent to sister abolish it here. In reply to a question how English- me? Myv two black boys, Willitam and Jim, who lived better men could affect slavery in the southern States of andl easier than I did, lead them, aiid, in consequence, ran this Union, they were told that the Abolitionists of off, and after eleven days' riding and $267 cost I got them, the United States demanded the aid of public opin- ad now tteir tlacc is wretched bV thei on conduct, as I sold them at a loss of kf900 to a trader." ion, of tile religious and literary influence of England. Hlow this literary influence was to be brought Well, this abolition report of 1838, from which to bear he need not inform this House. Under the he had quoted, after going on to say what were operation of our copy-right laws, the trash of the the effects qf this constant agitation on this subEnlish press is circulated throughout the country, ject; after stating that it made the negro dissatisto the exclusion of everything else. And he was fled; that it increased his desire to run away; that not left by the convention to conjecture how the it harassed the master-went further. It did not religious influence of England was to operate. He stop there. It went on to urge on the non-slavequoted from a minute account of the proceedings holding States that they should facilitate slaves of the convention the followving: in their attempts to escape, and generate such ";The Rev. John Artgell James brought up from one of thei a public opinion and pass such laws as would committees a seriles of resolutions on church discipline as make the recapture of the runaway slaves imposconnected witlh slavery. These resolutions, whichl were sible; for if they were to be iecaptured, they etanimously adoptedt, afteran animated debate, are groundwould be deterred fi'om running away. It went ed on the recognition of the'essenltial sinfulness of slaver.' would y. They declare that it is the incumibentduty of Clristian com- on to say that laws ought to be passed to raise munities to separate slaveholders from their communion; the question of slavery or freedom, or the legalanid that Christians ought to have no fellowship with slave- ity of the bondage in which the slave is held. tholtders. This bow, they say, is not drawn at a venltre, but with sure air at the very heart of tie monster. Drive out They urge the passage of such a law by the Ameirican slavery fromn the presence of the sanctuary, antd northern States, upon the ground that the laws of its doom is sealed." some of the southern States, permitting slavery, are One of the means by which the World's Conven- unconstitutional, and that the slave ought to have tion said that slavery could be operated upon here, an opportunity to test them whenever he escapes was by appealing to the church; and that appeal to the North. They say that the citizens of Virhad, as the House knew, to a great extent been ginia and Maryland have no right, by their own answered. But there was a third and still more constitutions, to hold slaves in their own territory, efficient means suggested. It was, that persons in much less to recover them from other States. Congress from the non-slaveholdin_ States should They make this statement on the ground which keep up a constant agitation, the effect of wlrich they assume, that the bill of rights of Virginia and would lead to emancipation, either quietly or by Maryland emancipated their slaves, and that every force. It was but a short time after the period of negro in those States was declared to be free by the question to Mr. Ogden before we found persons the bill of rights, which was of equal force with on this floor ready to carry out this unhallowed that contailed in the constitution of Massachusetts, purpose. by which she declared that slavery was abolished. Adopting the suggestions which grew out of the Well, sir, what has been the result of these recom

Page  22 22 mendations by the abolitionists? I appeal to the speeches of members here. They are recaptured, history of the last few years. Have not the State and the felons who aided in their escape are lodged Legislatures carried out these recommendations in jail. A member of this House goes there to with a fidelity greater and stricter than they have offer them his sympathy and counsel. The peoples carried out the recommendations of their own con- with a moderation which, as proper as it was, stituted authorities? They have kept up the agi- amazed him, (Mr. B.,) do no more than warn hirm tation here to dispose the slaves to run away; they off. And, forsooth, this House is to interpose for have raised'funds to aid him in escaping; they his protection. Sir, he and his associates are the have succeeded in exciting a feeling in the non- authors of all the misery which has been brought slaveholding States, which makes it dangerous for on these slaves and felons, and it is a pity they do any man to aid a master in asserting his legal and not partake with them in it. constitutional rights; they have passed laws nul- It thus appears what are the origin and the object lifying the Constitution, and making the recapture of this constant agitation of the subject of slavery. of a fugitive slave impossible. How is its abolition to be ultimately effected? I have shown (said Mr. B.) the origin and the WVe were constantly told here that the fanatics objects of the constant discussion and agitation on of the North did not look to the insurrection of the the subject of slavery here. I desire to call atten- blacks, and that they did not desire to incite the tion to the pertinacity with which it is kept up. It slaves to rebellion. It had been often said here commenced at the period I have named, by the pre- that they do not either immediately or remiotely sentation of abolition petitions. expect to see abolition effected by insurrection. It The South denied that Congress had any juris- was the policy of the abolitionists to deny it as diction of the subject, and insisted that the peti- yet, but this report distinctly takes the ground, tions should not be received, and a rule was adopt- that if the master will not yield to moral suasion ed to suppress them. The abolitionists pretended and peaceable emancipation, insurrection would be to treat this as a great outrage, and the ear of the the natural and proper consequence. Here is what nation was stunned with the clamor which was they say on that point: made. Some well-meaning men, not understanding " If a ray of hope penetrates their gloom, though the chink the objects of the agitators, advised that the whole through which it passes be never so small, it will banish all subject should be referred to a committee, which. tliought ofinsurreclion while it shines. Thoughwhile hope cold bring in an able report demostatin that of relief'from some quarter holds out, the slave will abstain ~ ould bring in an able report demonstrating that from rebellion, it is not to be expected that they will conCongress had no jurisdiction of the subject; and tinue to do so if' this hope shall fade away. Once let them they insisted a quietus would be given to the agi- come to an understanding of their rights, and the master tators. Mr. Pinckney, of South Carolina, in an will be forced to the alternative of giving thei or of suferill-fated moment, yielded to these views, and un- ing themw to be taken. a"hough our business is with the -fated moment, yielded to these views, and un- master-though it is for him and his political equals we print dertook to reason with those persons in a Congres- and lecture —yet we have now pledged ourselves to prevent, sional report. Well, what was the result? Pre- whCt it is impossible should beprevented, the slaves from getting cisely what he predicted at the time; so far from kiiknowledge that we are printing anrid lecturing. After our its arresting the agitation, it increased it, by the operations have, for a fair probationary space, displaced its arresting the agitation, it increased it, by the nall thoughts of insurrection by a better hope of deliverance, partial success -with which it met. The ground if the masters disappoint that hope, the consequences must then was taken,, that by the 21st rule, as it was ie upon their own heads." called, the sacred right of petition was invaded. With such evidence before him, he asserted that It was in vain we showed that such was not the they did look to insurrection. They do look to case; the agitation went on. We were told, take freeing the blacks by murdering the whites. They from these abolitionists this plausible pretext, and could not, without stultifying themselves, look to you will hear no more of them-by the 21st rule, any other course, and they do not. They know you are only adding fuel to the flame. that peaceable emancipation never can take place. Some Southern men gave in to these views. As In this very report they say, they do not expect soon as they did, the Northern and Western Dem- to convince the master; but even if they should be ocrats, who had incurred some odium at home by convinced of the wrong so much alluded to, he voting with us, gave way, and the rule was re- (Mr. B.) undertook to say that emancipation was pealed. But did the agitation cease? This pre- impossible. In many of the States, more than text for agitation was no sooner removed than an- half the population was black; and did the Aboother was found. We then had amendments to litionists expect that the South would consent to territorial bills which never were thought of before, have such a population let loose upon them as free to exclude slavery from the territories. But as negroes? Did they expect the South to live in that the territory (Oregon) in reference to which we condition? Gentlemen from the northern States were legislating lay so far north that it was known might answer the question for themselves.' Do the slaves never would be taken there, it was re- they do it? Why, in how many States did they garded as pretty much a "brtun fittlmen," and exclude the free negroes? Had they not passed very little feeling was excited in consequence. But stringent laws against them in those States where immediately afterward we happened to be engaged the infusion of free negroes would be comparatively in a war in which there was a prospect that for- small and harmless? and yet they would not coneign territory would be acquired. This was made sent to even so small an infusion there. Did they, the pretext for the WVilmot proviso. The excite- then, expect that they of the South would consent ment growing out of that was pretty well dying to let loose such a number as they had? They out; and the occasion of rejoicing with France, do not expect it. our earliest ally, at the prospect of her regenera- But suppose it were possible; as far as the purtion, was seized upon to renew it. A parcel of poses of humanity were concerned, it would not negroes are induced to flee from their masters, to make the case better. Suppose they were emanwhich they were stimulated by the conduct and cipated: did anybody believe that the whites and

Page  23 23 blacks in equal proportions could live in peace in Mr. GIDDINGS replied that the gentleman had the same community? They would be separated entirely misunderstood him. from each other by prejudices; there would be a Mr. BAYLY said other gentlemen understood line of demarkation that could never be blotted him as he did. out. Did they not know that there would be a Mr. GIDDINGS said he cared not who made constant conflict of races (the most deadly of all the assertion; he had used no such language. He conflicts) going on, and a struggle on the part of well Aknew what he had said. the negro for not only equal social and political Mr. BAYLY said a gentleman sitting near him rights, but for supremacy; a conflict which, as understood the language as he did; but, whether in all time heretofore, in all time hereafter, would the member from Ohio used those precise expresexist in communities composed of distinct races, sions or not, of this he (Mr. B.) was certain, and and which would end in civil war. Let them he would stake his assertion on the decision of the look to the example of San Domingo, where a House, that he had over and over again used exdeadly conflict was constantly going on between pressions of similar import.? the negroes and the mulattoes, although they were Mr. GIDDINGS. Of what import? by no means so distinct from each other as ne- Mr. BAYLY. The member fromOhiohad used groes and whites. If the South would consent language in his speeches the inevitable tendency to emancipation, how long would peace be pre- of which was, to lead to insurrection, and which served? The inevitable result would be a bloody showed that he looked to it. strife; for after they were emancipated, they would The SPEAKER called the gentleman to order. claim equal privileges, and civil war with all its Mr. GIDDINGS. I wish the gentleman might horrors would ensue. He therefore affirmed that be permitted to proceed. I like to hear him. the pretence that these people were not looking to Mr. BAYLY had no doubt of it. The member insurrection and to the cutting of the throat of every is fond of the notoriety which the denunciations white man, woman, and child, was false. The of him here give him. He hopes to recommend Abolitionists in their own reports avowi it. But himself to his constituents by assuming to be the if they had not avowed it, they could not escape special object of attack by southern Representafrom the charge that such is their purpose in any tives, and thereby strengthen the tenure by which other manner than by stultifying themselves; for he holds his seat here with its eight dollars a day. it was the natural and inevitable consequence of And hence he is eternally trying to provoke us into their conduct. Well, and who would they benefit denunciation of his detestable course and sentiby it? If that conflict should arise, what would ments. become of the black man? Did they not know Mr. GIDDINGS. The gentleman is mistaken. that the greater intelligence and the greater enter- Mr. BAYLY. He was one of those men who prise of the white man must conquer? It might was willing to obtain profits by provoking abuse deluge the South in blood foir years perhaps, but of themselves; to make a traffic of his character it would end in the extermination of the black and feelings. man. And this was to be done at the instigation The SPEAKER again interposed, and called the of a treacherous foreign nation, that they might gentleman to order. subvert our commercial and agricultural prosperity. Mr. BAYLY said if he was out of order, it was It was to be done, too, under the pretence of fi-iend- the remarks of the member fiom Ohio which had ship for the black man, but which would be seen provoked him to it. For personal abuse he had to be cruel and inhuman treachery. It could only no taste, but he chose to speak in appropriate end in his entire extermination. terms of the course of a member here which so There were some remarks which fell from the intimately affected the dearest interests of himself member from Ohio [Mr. GIDDINGS] on a preceding and his constituents. He represented a frontier day, to which his attention had been called by a district, penetrated in every part of it by rivers gentleman near him, of a most murderous and in- and harbors, into which the vessels from the noncendiary character, proving that he looked to eman- slaveholding States and the piratical schooners of cipation by force. In arguing againstthe extension the abolition society could come. His constituof slave territory, he said he wished to keep the ents' interests were, therefore, at stake, and he negroes with their masters, holding their knives as should ever be ready to expose and resist the unnear their throats as possible. To such remarks hallowed designs of men trying to destroy them; he (Mr. B.) did not mean to reply. He addressed and, in speaking of the character of the men themhimself to the sober serious reason of the North, selves, he should not stop to measure his words, and he wished not to excite their passions. He He regretted the necessity of making any reference wished to show them that this abolition excite- to the member whatever; and, unless under the ment had an origin hostile to them as well as the strongest necessity of doing it, he should not South, and that nothing but mischief, unqualified hereafter, as he had not heretofore. mischief to the whole country, would result from In speaking of this subject, he recollected a cirit. cumstance to which his attention had been called Mr.'GIDDINGS rose and inquired if the gen- several years ago. His attention was called to tleman from Virginia alluded to him when he said the gentleman from Ohio wished to keep the negroes and their masters together, that the negroes might *Mr. GIDDINGS subsequently avowed that he loked to Z insurrection. Ilis language, as reported in the Intelligencer, have their knives as near their master's throats as is this: c But as he had but a moment left, he would refer possible?' to that portion of the gentleman's speech in which he had Mr. BAYLY replied that he did allude to the' declared that the Abolitionists looked to insurrection among member from Ohio, for such he understood to be'the slaves. And, he would ask, 4vho did not look to that mhemcharacter friofo s that member'unerstd tobe result? Could any reflecting man shut his eyes to that ina tlahe character of that member's remarks. I evitable consequence of slavery."

Page  24 24 the number of advertisements of runaway negroes to punish the publication of incendiary publicain the National Intelligencer and Globe. The dates tions, he should bring in a bill to provide one. of the departure of the negroes were generally And he should not be deterred by being told that given. By comparing them, he found that the he would be interfering with the liberty of the negroes went off in gangs about large enough for press. He did not propose to establish a censorthe load of a small schooner, at intervals of about ship of the press to prevent publications, but to a month —as near as may be, the period for a ves- provide a law for the punishment of an editor who sel to make a trip, to Massachusetts, for instance, should commit an offence against society, precisely and back. From this he was satisfied that these as every other citizen was punished in a similar runaways made their escape by the river, and that case, which offence would be judged of by the there was an actual line of packets engaged in community, through its law, administered by its taking them off. He wrote an article calling the judges and jurors. It is no more a violation of' the attention of the public to it at the time, and he liberty of the press, to provide by law for the punmentioned it now for the same purpose. The ishment of an editor who makes publications which House might rely upon it, the case which had just endanger my life and property, than it is the viooccurred was not an isolated one; indeed, he un- lation of the liberty of the citizen to provide for derstood that the captain now in prison admitted his punishment, who does the same thing in a difthat this was the fourth trip he had made. ferent way. He had been told, as manifest as this evil was,;But he did not know that the laws were insuffithere was no way to prevent it; that the law of' cient. The idea very prevalent that they are so, this District provided no adequate punishment for is the only thing which has stimulated any one to those who had instigated the negroes to run away, attempt acts of violence. If they shall be found and assisted them in attemlpting it. If there is not, to be efficient, or if they are not so now, and Conthere ought to be. There is but one way to pre- gress should in good faith make them so, he would vent the occurrence of such acts; that is, by holding be responsible that no mob would ever be seen out the terrors of such punishment to all persons here. But, on the other hand, if it should be found engaging in in i as to deter them from it, and by the that the laws are not effectual to protect the commasters making examples of the slaves who may munity in the enjoyment of its rights, and the be retaken. W5rith the negro he sincerely sympa- legislative power should refuse to make them so, thized; him he pitied; and his sore regret was, that then the community would be remitted to its natuthose who had brought upon him the misery he ral right of self-preservation-a law above all other would suffer, could not have it in his place. laws, and as applicable to communities as to indiHe did not know that the laws as they now viduals. Under such circumstances, the men who stood were insufficient; but lie would inquire into did not resort to it, to use the language of the genthe nmatter, and if they were found to be so, he tleman from Georgia, would be slaves who deservshould feel it his duty to ask leave to bring in a i ed the manacles now worn by the felons in your bill to remedy their defects. If there was no law I jail.

Page  1 SPEECH OF H:ON. JAMES S. WILEY, OF MAINE, THE ACQUISITION OF TERRITORY. DELIVERED IN THE HOUSE OF REPRESENTATIVES, MAY 16, 1848.

Page  2

Page  3 ACQUISITION OF TERRITORY. The House being in Committee of the Whole short time of less than two years,our armies, under on the state of the Union, and having under con- the most unfavorable circumstances-in a foreign sideration the Navy Pension Bill- country, possessing, in some regions through which Mr. WILEY said: they marched, the most pestilential climate-with the most fearful odds against them, achieved a series Mr. CHAIRMAN: I embrace this opportunity to of the most'brilliant victories ever recorded on the express my views in relation to the policy of our pages of history. Government towards that of Mexico, especially in But this war-undertaken for the purpose of deregard to the indemnity which we demand for the fending our territory and protecting our citizens injuries incurred by us prior to and during the from the assaults of the invader, and prosecuted present war with that nation. with a view to obtain indemnity for a long series On the 13th day of May, 1846, this House, by of injuries and outrages committed upon the propa vote of 174 to 14, and the Senate by a still more erty and lives of our citizens, and security against decisive voice, declared, that " by the act of the like injuries and outrages in future-is now probRepublic of Mexico, war existed between that ably brought to a close. At least, hostilities have Government and the United States;" and " for the for the present ceased; and the two Governments purpose of enabling this Government to prosecute have lately been considering the grounds on which said war to a speedy and successful termination," a final settlement should take place, and the kind the President was authorized to employ the naval and amount of indemnity which we have a right to and military force of the United States, and the demand. sum of ten millions of dollars was appropriated for By the treaty lately adopted by the Senate, and the same purpose. sent to Mexico for ratification there, it is stipulated, I shall not at the present time go into a particu- on the part of that Government, to cede to the lar consideration of the causes and history of the United States New Mexico and Upper California; war, nor attempt a description of the many and for which we are to pay a certain sum of money, brilliant exploits of our gallant army. This task, and assume the debts due from Mexico to the citimostgratefulto every patriotic heart, has been most zens of the United States. This state of things ably performed by many members of this and the presents for ourconsideration the question whether, preceding Congress. by this arrangement, we are to receive sufficient I believe, sir, that the people are pretty well in- indemnity for the debts originally due us, and for formed on this subject; and whenever the justice the losses sustained in prosecuting the war to the or expediency of the war has been brought in ques- present time; and whether it is good policy to extion, they have promptly and emphatically decided tend further the area of our Union. Of this issue, in its favor. The American people, generally, are I take the affirmative. patriotic, and when the question is between our We have seen, sir, that the policy of the Govotvn and a foreign country, they will say our coun- ernment, in this respect, has been most bitterly try. Yes, sir, such is their love of country, and assailed, both upon this floor and in the Senate. so great their attachment to our institutions, that A distinguished Senator from Massachusetts [Mr. a great majority of them will say, " oumr country, WEpSTER] opposes the policy of acquisition, both right or wrong." on the ground of the alleged unconstitutionality of But, sir, both Congress and the country have the measure, and of the worthlessness (as he says) passed upon this question. They have decided of the territory involved. He remarks: that there was just cause for the war, and that it " I anm gainst the creation of new States. I am againstshould be prosecuted till an honorable peace shall the acquisition of territory to form new States." be obtained. I shall not attempt to array all the Again: testimony to prove this position. The act of May,ether, for the sake 1846, is decisive on the point; to which I might peace, I will take a treaty which brings two new States ito add the further fact, that many members hold seats this Union, on its southern boundary, I say no-distinctly, on this floor who would hardly have obtained them no. I have said on hle southern boundary, because there had they been openly opposed to the war, and the present proposition takes its locality. I would say the t. vote a ainet the e same of tne western, the eastern, or any other boundary. I pledged to vote against the measures necessary wouldresistto-da, and to the end, here and everywhere, any to its prosecution. This is also the case in the proposition to add any foreign territory, on the south orwest, other branch of Con0ress. north or east, to the States of this Union as they are now Nor shall I-go into a lengthy and labored invesconstituted and held together under the Constitution. Sir, Nor shall I~-go into a lengthy and labored inves- I hold this question to be vital, permanent, elementary, in tigation of the manner in which the war has been the future prosperity of this country and the maintenance of conducted. The history of the Mexican war is the Constitution." before the world. It is enough to say, that in the Here we see that the Senator opposes acquisition

Page  4 4 on constitutional grounds. And he considers this Why, sir, more than one-half of our present'" if not the unedivided, the preponderating sentiment area is the result of acquiring large tracts of terriof the whole North." Besides, sir, the Senator is tory from foreign or neighboring Powers. In willing to make this an issue before the people, 1803, the Government of the United States, under "' from the Gulf to the British provinces, and from Mr. Jefferson, acquired, by treaty with France, the ocean to the Missouri." Now, sir, let me that vast country called the Louisiana purchase. say, that we are willing to go before the people This measure met with the most strenuous oppowith this issue. Indeed,they have decided already. sition from the opponents of that Democratic AdSo far as I have been able to learn the wishes and ministration. A great portion of this extensive feelings of the people, they have spoken loudly and fertile region was considered by the opposers in favor of the acquisition of Mexican territory- of acquisition as almost entirely worthless-fit only more especially since it has become evident that we for the abode of wild beasts, and savages as wild. can obtain indemnity in no other way. Sir, if the They were also horror-struck at the idea of admitquestion wereput to the legal voters to-day, whether ting the French and Spanish inhabitants then livthey would prefer territory or no indemnity, they ing on the territory to equal privileges with themwould decide, by an overwhelming majority, in selves. The acquisition was also opposed on favor of acquisition. I go further, sir, and say, constitutional grounds. And it is said that Mr. that Congress has twice decided this question in Jefferson himself doubted the constitutionality of the affirmative-first in May, 1846, when they the purchase, and proposed an amendment to meet placed at the control of the Executive ten millions the case. But he considered the necessity of imof dollars and fifty thousand men, for the purpose mediate actibn so great, that he did not deem it of prosecuting the war. It was well understood expedient to await the tardy process of an amen(lthat Mexico had neither money nor credit, and ment to the Constitution. It is evident, however, that we must take land or nothing; and I cannot that, although he had some scruples against 1" setbelieve that any sane man supposed that we should ting an example of broad coastruction," he never enter upon such an undertaking with no view of had any objection to the measure from a fear that obtaining anything for the wrongs and injuries it would distuib the-balance of the Union by throwbefore sustained, the debts then due, or for the ex- in- the preponderance of power into the West. penses to be incurred. That great, sagacious, and far-seeing statesman Again, at the last session of Congress, a bill was was guided by no such narrow views. He looked passed appropriating three millions of dollars, with upon that measure with an eye single to the presthe express object of acquiring territoy fom Mex- ent and fiture welfare of his country. And the ico. Thus, sir, the question of territorial indem- result has shown that this was the wisest, the nonity may be considered as settled-not only by the blest, of the many wise and noble deeds of that people, but by Congress. And had the President illustrious patriot and, sage. negotiated a treaty by which we were to receive But, the measure having been consummated, the promises of bankrupt Mexico in payment of notwithstanding the strenuous opposition arrayed the debts previously due, and the expenses incur- against it, its great utility'and important bearing red in prosecuting the war, he would have been on the prosperity, not only of the western States, overwhelmed by the reprobation of an outraged but upon the whole Union, soon quieted the fears, and indignant people. No doubt the Senator is' and silenced the murmurs, of those who had been correct in his opinion, so far as the Federal States so unwise and short-sighted as to oppose it. of the North are concerned. But, sir, I am confi- It was feared that the result of this acquisitlonD dent that such is not the sentiment of New Hamp- so vast in extent, comprising, as it did, an are shire. No, sir; the recent election there has told nearly equal to the territory of all the original the story for the Granite State. And I know, sir, States, would be to chang-e the whole balance of that such is not the sentiment of Jlaine. power in the Union. But we have yet experienced But, sir, opposition to the measure of acquisition no such consequences. Three large and flourishis just what we should expect from Whig States, ing States have already been formed out of the and Whig Representatives andSenators here. They Louisiana purchase, and others will probably soon have always been opposed to the enlargement of apply for admission into our glorious Confederacy. our borders. Their policy has rather been to cur- Aqd, sir, when they are prepared to do so, I say, tail and contract the area of freedom. Yes, sir, let them come. Party management, and a jealousy the Senator from Massachusetts is in principle op- of the prosperity and power of the West, may for. posed to the acquisition of any more territory, a time retard their admission; but they will have except a harbor or two on the coast of California a rig-ht to a participation in the privileges and blessfor the accommodation of the commerce of Mas- ings of the union, and they must be admitted. I do sachusetts. There are some whalemen fi-om that not fear the result. I do not believe that their paState who pursue their occupation in the Pacific; triotism would permit them, even in accordance and they must be provided for, of course. But no with their interest, to abuse the power which they more new States must be added to the Union, be- seem likely to obtain. I prefer, rather, in the lancause Massachusetts might not, in that case, exert guaoe of the immortal Washing ton, to believe that her due weight of influence in the councils of the the "' name of American, which belongs to them nation. On the other hand, when you come to the'in their national capacity, mist always exalt their question of ceding away-selling out territory, in-'just pride of patriotism, more than any appellahabitants and all, for a mere nominal equivalent,,- * tions derived from local discriminations. They why, then the Senator is not quite so scrupulous' will not forget, that with slight shades of differas to the right to do so-as the State which I have' ence, they have the same religion, manners, habits, the honor in part to represent once had the misfor- and political principles'; that they have, in a tune to learn, to her everlasting regret.' common cause, fought and triumphed together;

Page  5 that the independence and liberty we possess, are' They are facts, against which it would be idle at'the work of joint councils and joint efforts, of' this day to contend."' common dangers, sufferings, and successes." And now, sir, the question is, what shall be the There are but few, probably, of any party at future policy of our Government in regard to the the present day, who will deny the great value and further enlargement of our borders? By the treaty importance of the Louisiana purchase. But was before referred to, it is proposed to acquire New its acquisition a constitutional act? I maintain that Mexico and Upper California. This proposition it was; and in this position I am sustained by the is in accordance with the recommendation of the: highest authority. Mr. Justice Story, in his Comn- Executive branch of the Government, and has mentary on the Constitution, while speaking on lately received the constitutional sanction of the this point, says: Senate. We are aware that there was considerable "As an incidental power, the constitutional power of the opposition to the treaty; some Senators, as we are United States to acquire territory would seeni so naturally informed, objecting on account of the manner in to flow from the sovereignty confided to it, as not to admit which it was negotiated, others because it did not;;The Constitution confers on the Government of the "The Constqution confers on the Governiiient of the offer sufficient indemnity, and others still because United States the power of making w r, and of making they did not want any territoly at all. This last treaties; and it seemns consequently to possess the power o1' position is the one assumed by the Senator from acquiring territory, either by conquest or treaty. It the ces-Massachusetts, and to him I will let the Senator sion be by treaty, the terms of that treaty must be obliga- from New Jersey [Mr. DAYTON] anser. He tory; for it-is the law of the land. And it' it stipulates for fron New Jersey [Mr. DAYTON] answer. He the enjoyment by the inhabitants, of the rights, privileges, says: anld immunities of the citizens of the United States, and for " The Senator from Massachusetts, in the further prosetheir admission into the Union as a State, these stipulations cution of his argument, tells us that this treaty gives us the must be equally obligatory. They are within the scope of line of the Rio Grande, New Mexico. and Upper California; the constitutional authority of tie Government, which has and, in view of this acquisition of' territory, the Senator the riglTt to acquire territory, to make treaties, and to admit goes into a statement showing the necessarily sparse charnew States into the Union." acter of the population, now and for a long time to come; This lanauage, sir, covers the whole ground, and hie then goes on to speak of the numlber of' States which will be formned out of the territory and the Senators who both in regard to territory, woithl or without inhab- will then take their seats here. In other words, he tells us itants, and in regard to States to be received into, that fourteen new Senators will take their places here, and, or annexed to, the Union. in contemplation of that restult, he hecomies absol utely struck The same doctrine is also held by other element- with horror. ie denounces the wsole thiing as a'saeonstrosity'. —a'di.sfigr'ation'-an I enormity' upon the tair fi'amework ary writers on constitutional law. And the same itorour Government.wrk point may also be considered as decided by the Supreme Court of the United States, in the case, Again, he remarks: American Insurance Companyvs. Canter, 1 Peters' " The adinission of Texas is aforegone conclusion. The Sup. C. R. 511, 542. number of States that may be carved out of Texas was setSOP'Gvrmn ce pnti rud hn tied in the annexation of that country. Arrange the boundOur Government acted upon this ground, when, aries of Texas as you may, it adds riot to, nor diminishes in 1.819, it acquired Florida by treaty with Spain, from, the number of Senators which she may at a future and that, too, without any considerable opposition. day place upon this floor. Let me remark, hIowever, that This measure seems to have been generally acqui- the ten Senators fiom Texas, of whom the Senator speaks, esced in by all parties, which may be considered will not come uhere in your day, nor in mine, nor in your eseed in by all parties, which may be considered children's, nor your children's children's day. Be that as it as stamping with the seal of approbation the pre- may, however, the Senator relies upon these ten Senators ceding measure of the like kind. from Texas in order to make out his position. Sir, he might The acquisition of Florida took place under the with the same propriety have argued from the admission of Louisiana and Florida, or any other territory acquired since administration of Mr. Munroe, during the period the organization of our Government. You thus get rid, at of general amalgamation-the. " era of good feel- once, of' ten out of the fourteen Senators that have alarmed ing;" and this acquiescence for the time, can hard-the judgment of the distineuislled Senator. These'men ly be considered as an exception to the general in buckram' pass away. From fourteeil they dwindle at once down to four! Let us prosecute this matter a little assertion, that there has always been a party in further. We shall find, that in reference even to the reour country opposed to the enlargement of our maining four, they become' small by degrees and beautifully boundaries, and to the spread ofour free institutions; ess." for we very well know, that the same determined The Senator from New Jersey disposes of these and violent opposition which had been made to the four Senators in this manner: He says that Texas acquisition of Louisiana, was renewed and arrayed has claimed, and will probable continue to claim, ag.ainst the annexation of Texas. The history of all the territory.formerly belonging to New MexTexas, her early sufferings, her struggles to be ico which lies east of the Rio Grande. Indeed, fiee, her glorious achievements, her ultimate sue- this Government is pledged to guaranty that porcess in establishing her independence, and her final tion to Texas. Now, then, probably one-half of reception into the sisterhood of States-all these what is called New Mexico belongs to Texas, and ale matters of history, fresh in the recollection of no new State can be created out of that portion all. Here, too, the doctrine of acquisition was without her consent. again triumphant. And it would seem as though In regard to California, the Senator from New we ought to consider the question as es adjudicata, Jersey asksand finally put to rest. Yes, sir; the acquisition "VWlhen are these two Senators to come from California? of Louisiana, Florida, and Texas, are " foregone He [the Senator froin Massachusetts] speaks of California conclusions. " These measures have been " sanc- as a State, anid of New Mexico as a State; but they do not come Ihere as States at all; they coinse here as territoriestioned and sanctified" by the approbation of the loose, uuorganized territories. The Senator speaks of CalAmerican people. In the language of the Senator ifortia as a State! What! a State to be admitted inito the from Massachusetts, " I consider these transac- Ts ions, emumbracing ten degrees of latitude on the coastof the tions as passed, settled, and legalized. There they Pacific Ocean, and extending frotn five hundred to a thousand miles into the interior! Before that country can be c stand. They are a part of our political history, represented here, there mrust be a popuiationm of sufficient

Page  6 6 extent to authorize the creation of a State, and that, too, this appearance of "decay," but we do wonder within territorial limits bearing some proportioi to the ex- that the soil was not long ago entirely exhausted, tent of the largest States in this Confederacy." et o an~,. R~~~~as we are informed that no dressing is used on the Thus, sir, this monstrosity," this 1.disfigt'ra. land, nor has been for ages. Sir, we could hardly tion," this enormity," whicave so frightens the have st natural fere vision of the Senator from Massachusetts, is made tility. to appear a very small and insignificant matter inl- I will here introduce another extract from the deed. letter written in January last from Santa F6: Having thus disposed of the constitutional obHection involved and the question of the unsavor-, It is now mid-winter, and yet we are enjoying as fine jection involved, andthe question of the unfavor-.weather as is known in the States in the pleasant month of able bearing of the proposed acquisition upon the September. For salubrity and geniality, the climate of no Union, I proceed to consider some reasons directly country on the habitable globe can surpass that of New in favor of the measure. Mexico." We have been told, sir, that this acquisition Again:,would not be worth a dollar to the United States.,, I know that writers have generally represented New The gentleman from Connecticut, [Mr. SMITH,] Mexico as a comparitively valueless district, with but few in his speech delivered in this House a few weeks narrow valleys well adapted to agriculture. They are, however, such persons as Sterne has said,' can travel from Dan since, gave us a very dark and revolting picture of to Beersheba, and cry that all is barren.' The valley of the the territories in question. He would make us Rio del Norte has a number of more important settlements believe that this whole proposed acquisition, far located in it than this, the capital; and extends from north from being of tany value, would be a mere curse to south one hundred and fifty miles. Parts of it cannot be Tfrom being of any value, would be a mere cursematched in beauty; while for productiveness of soil, the best to our Union; and,consequently, should the treaty agricultural districts of the United States do not equal it, be ratified, we should obtain no indemnity what- with all the advantages which that possesses over this in the ever,, and that every dollar we pay will be worse inplements of agriculture and superior cultivation." than thrown away. He then speaks of the rude implements of husNow, sir, letus see how this matter really stands. bandry, and the miserable mode of cultivation, and And, first, we will survey New Mexico. adds: It is not strange at all, that we should have un-, ", Yet the soil, thus imperfectly cultivated, yields in wheat favorable accounts of these countries, even from fifty bushels to the acre, on an average, throughout the terour own countrymen, prejudiced, as they would ritory;' while in the United States, the average, in the best naturally be against a country with which they wheat-growing districts, is but little, if any, more than naturally be, against a country with which tey twenty bushels to the acre. The standard weight of wheat were at war. in the language of an officer in the south of this, in the Rio Vega country, as it is called, is American army, written from Santa Fe, New equal to sixty pounds to the bushel, and sixty-two pounds Mexico, January 21, 1848 —" Much that has been north, in El Valley de Taos. written from New Mexico, respecting it, doubt- This gentleman estimates the white population' less originated more from dislike of, and a de- of New Mexico at 120,000, and remarks: 6 sire to abuse the country, than from a wish to "cThis and the valley of San Miguel, according to the last impart correct information concerning it." But, census taken, contain 30,000; and all the intelliaent resisir, men the most prejudiced will sometimes tell dents concur in estimating the population of El Valley de the truth, although they may not design to do so. Taos and the Rio Vega, tvith their demise setllemeril, at 90,000, (which would amrouiit to 150,000.) With a climate It is so with one of the witnesses whom the gen- eminently favorable to animal and vegetable development, tleman from Connecticut calls to the stand. Col. this country, if reclaimed from the possession of the Mexardin is made to spea thusn occupants, and dedicated to the profitable purposes for which it was evidently designed by Providence, will prove "i No land is or can be cultivated in Mexico, except by to be capable of a dense populetion." irrigation. The Mexicans evince great ingenuity in the management of water for irrigating purposes; but they are This account is corroborated by the description poorfarmers. Theirplough consists of astraight beam with given of the same region by the Hon. 5Willard P. a coulter of wood, which is sometimes covered with iron, Hall, a Representative from Missouri, (who travabout three inches broad. It is the same pattern as the old eled throuh New Mexico and Uppe California Roman plough. Oxen are fastened to the beam by strips of e through Ne Mexico and California raw-hide tied round their horns." about two years ago, and to whom 1 am much inWhen we read this description of their plough, debted for very valuable information in regard to we are very ready to believe that the Mexicans these countries,) except that my friend fiom Misare "poor fltarmers," and are hardly prepared to souri estimates the population at a little more than believe what follows: 100,000, the census having been taken, as he thinks, "They raise fine corn at Monlclovia and fiom thence to in 1843. These settlements are confined to a very the Rio Grande, aind pretty good at Parras and Patos. Wheat small part of the habitable portion of the country; is raised in the vicinity of Monclova and Parras. A large and, as we have seen, the portions of country now quantity of grapes is raised in Parras, from which is mann- ccupied have been utivated in the most misfactured excellent wine and brandy. Sugar, cotton, and other southern productions, grow at Monclova —most of erable manner for two hundred years. The genthem Ihtaxriantly. Fine vegetables are raised; not that they tleman before referred to informs me that there is can be cultivated all seasons of the year." much good land which has never been cultivated Another extract runs thus: at all. And we may safely conclude, that when c"The mode of cultivation is as rude as possible among the the Indians shall retire, as they will readily do, great mass of the people. The hoe is unknown; ard their before a hardy, industrious, and enterprising popploughs are no better than those the Egyptians used in patri- ultion, which will doubtless soon flow in om archai times. There has been no progress in husbandry thr two hundred years; and the whole aspect of the country the States; when the rude mode of cultivation denotes decay aind retrogression." now practised shall give way to the superior and These extracts, although they come from the still improvipg modes now in use here; when the other side, and were intended to make a different rude and miserable crooked beam of the ancient impression from what they really do make on my Roman shall yield to the excellent arid efficient mind, contain much truth. We do not wonder at Yankee plough, New Mexico will as easily sus

Page  7 7 tain 1,500,000 or 2,000,000 of people as its present so good as that in the valley of the Mississippi, number. yet that it is superior to that in other portions of New Mexico is also rich in mineral productions. the United States. He remarks that the valley of I shall quote from a work which the gentleman, the Sacramento, which is about three hundred and from Connecticut cites, and which, of course, will fifty miles in length, and thirty or forty in width, be acknowledged- as good authority, by him at is probably one of the most fertile in the World. least: it is Gregg's Commerce of the Prairies, pub- There are other valleys equally fertile, though not lished in 1844. Mr. Gregg spent a great portion so extensive. And he fully confirms the stateof the time for nine years in New Mexico, and is ment of others, to the effect that it is finely adapted therefore entitled to speak with authority in regard to the raising of grain, and for grazing. Horned to matters'pertaining to the country. cattle, sheep, and horses are raised in great numSpeaking of the gold mine called " El Placer," bers, and of excellent quality. Wild horses, elk he remarks: deer, and other game, abound in the uninhabited iThle quantity of gold extracted between the years 1832 portions of the country.. Those parts of the disand 1835 could not have amounted to less than from $60,000 trict which are habitable are capable of sustaining to $80,000 per annum." as numerous a population as Italy. My friend And although there has been considerable fall- from Missouri corrects a statement made in a letter ing off since that time, he remarks: written by him from California, soon after his arrival " The reduction in profit during the last few years has in the country, and before he had seen much of it, been caused more by a want of energy and enterprise than in regard to the necessity of irrigation fo all the by exhaustion of the precious metal, as only a very sma, orops raised. He remarks th at, oats, and portion of the gold region has yet been dug. crops raised. He remarks that wheat, oats, and The dust and grains obtained at this mine are virgin gold; the grains generally, can be raised without irrigaand, as before remarked, are of a very fine quality, prodi- tion, but that later crops require this process. cing at the United States Mint an average of at least $19 70 Vegetables, of which a large quantity can be raised to the ounce troy, after melting, or ahout$19 30 gross. * * 2 - q Could any dependence be placed in the integrity of the Gov- on a small piece of ground, are produced without ernment, I have no doubt that, with sufficient capital and much expense, even at the cost of irrigation. the aid of machinery, (such as are used in the mines of The same remarks that were made in relation to Georgia and Carolina,) the old mines of the province might the mineral resources of New Mexico, will generbe reopened, and a great number of'placers' very extensively and profitably worked." ally apply here, with the additional remark that He also speaks of others which were in 1844 there is, near the Bay of San Francisco, one of the extensively worked: most valuable mines of quicksilver in the world. c In truth," says he, " as some of the natives have justly Coal also abounds. remarked, New Mexico is almost one continued placer' I will here introduce one extract from Waddy traces of gold being discovered over nearly the whole sur- Thompson's Mexico: face of the country." " From all the information which I have received-and [ The process of extracting the gold from the ore have been inquisitive on the subject — am well satisfied is very rude and simple. And the writer of the let- that there is not on this continent any country of the same extent as little desirable as Oregon; nor any in the world which ter, from which I have before quoted, says: combines as many advantages as California. * * * To " With proper machlinery, a single person would be able say nothing of any other harbors in California, that of San to wash more in an hour than twenty Mexicans in a day, Francisco is sufficiently capacious for the navies of the with their hands and little biteas, or bowls." world, and its shores are covered with enough timber (a speHe further says: cies of the live-oak) to build those navies. If man were to ask of God a climate, he would ask just such a one as that " From several years' experience in mining, I am some- of California. There is, no portion of the western contiwhat qualified to judge of its practical operations; and I.am nent which produces all the grains so well. I have been correct in saying, that nothing like mining has ever been told by nmore than one person, on whom I entirely relied, done in New Mexico." that they had known whole fields to produce a quantity so Besides gold, there are mines of zinc, copper, incredible that I will not state it. The whole face of the and lead- and i-on in great abundance. Theme are country is covered with the finest oats, growing wild; sugar, itae here are rice, and cotton, find their own congenial climate. Besides also vast quantities of salt-one of the salinas being all these, the richest mines of gold and silver have been disfive miles in circumference, and yielding an inex- covered there; and the pearl fisheries have always been haustible supply. sources of the largest profit; and, more than these, there Nor is there any reason why manufactures should are the calmrkets o Idia and China, with nothing intervening hut the calm and stornless Pacific Ocean. The disnot flourish here. The country is well adapted to tance from the head of navigation in the Arkansas and Red the growth of the raw material-cotton and wool; rivers to a navigable point of the waters of theGulfof Cali-' and the streams are of such a character as to afford foiria is not more than five or six hundred miles: let that distance be overcome by a railroad, and what a vista opens excellent water-power. It is said, I know, that to the prosperity and power of our country!" these streams fail before they reach th'e main rivers Such being the character of Upper California towards which they flow; but in the hilly portions why should not "the hardy, industrious, and enof the country, nearer their sources, they are kept terprising farmers" fro theUnited States" desert' full by the melting of the large quantities of snow the comparatively sterile hills and plains of the which remain upon the mountains till late in the north, and take up their abode in this paradise of summer. Besides, we should recollect that there the west? It will be found, sir, by any one who is an abundance of rain from April to October; so will take the trouble to read Col. J. C. Fremont's that the streams must be supplied with water a Report, that even farmers from the " broad acres" large part of the year. of the fertile valley of the Mississippi do go to CalLet us now, sir, take a glance at California. ifornia-that their labors are rewarded by bounAnd here, again, I shall avail myself of the inform- tiful harvests, and that they are within reach of the ation derived from my friend from Missouri, means of carrying their productions to market. [Mr. HALL.] He informs me that the climate is I cannot forbear giving a short extract: the most salubrious and healthful in the world; "Captain Sutter emigrated to this country from the westand, although he does not think the soil is quite ern part of Missouri in 1838 or 1839, and formed the first Pet

Page  8 8 tlement in this valley (the Sacramento) on a large grant of I believe, sir, that we should not hesitate for a sinland which he obtained from the Mexican Government. He gle moment. If we embrace the opportunity now had at first some trouble with the Indians; but by the occa- Y sional exercise of well-timed authority, he has succeeded in offered to us, we may secure the prize; otherwise, converting them into a peaceable and industrious people" it may be forever too late. Every one at all acHe then goes on to describe Mr. Sutter's estab-quainted with the history of California, must be lishment, his employment of the Indians, &c. He perfectly aware that Great Britain has been, for a then remarks: number of years past, upon the point of laying her rapacious hand upon it. And she would doubtless th Ie hunred this year own (and altogeter by Indian labor) have'effected her purpose, had not our Government three hundred mle-fas of wheat, (the fanega being about two bushels.) The lowest average produce ot wheat, as far wisely interposed. And I take this occasion to as we can at present know, is thirty-five fanegas for one say, that I consider the doctrine proclaimed by Mr. sown; but, as one instance of its fertility, it may be men- Monroe in 1823, and lately reiterated by the Presitioned that Seaori Vallejo obtained, on a piece of ground dent in his messa s where sheep had been pastured, eight thundred fanegas for dent in his message on Yucatan, a sound one, and eight sown." "The Sacramento here is a noble river, about that it should be strictly and constantly enforced'three hundred yards broad, deep and tranquil, with several by the United States. We ought, indeed, to " confathoms of water in the channel, and its banks continuously sider any attempt on the part of Great Britain," or timbered. There were two vessels belonging to Captain Sutter at anchlor near the landing.-one a large two-masted any other European Power, to take possession of lighter, and the other a schooner, which was shortly to California, "as dangerous to our peaceand safety.'" proceed on a voyage to Fort Vancouver for a cargo of Sir, I consider this measure of acquisition as goods.)" one of great importance in other respects than I find,by reference to McCulloch's Geographical Those I have named. It is not merely a question Dictionary, that the number of white people in this of to-day. The idea of indemnity involved should province, in 1831, was 23,000. What the number not be considered — as a mere matter of pecuniary is at this time I have not been able to learn with interest alone. It is not only important to the free accuracy; but it is not, probably, less than 40,000; people of our own happy country, but to the worn and the tide of emigration is rapidly flowing in and weary exile from foreign lands. The nations from all parts of the Union, and the fertile valleys of the Old World are not yet all free, and probably of California will soon teem with a million of ac- will not be for ages yet to come. I would say to tive and thriving people. all who are still oppressed by the heavy hand of But the acquisition of California is of very great despotism, come and make yourselves homes in importance, in a commercial point of view. the fertile valleys and sunny plains of the West. I have already incidentally spoken of the bay of Here your rights shall be respected, and you shall San Francisco. There are other harbors on the enjoy, equally with us, all the blessings which coast which, though not so safe and capacious, are freedom, equality, and plenty can afford. yet of considerable consequence. But San Fran- Sir, I deprecate that narrow and selfish policy cisco, the harbor of harbors on the Pacific coast, which would circumscribe our expanding Union, can hardly be overestimated in its importance, not and confine its swelling, bursting tide of freemen only to California itself, but to the commerce of the within the limits of the original States, and which whole Union. Our commerce in the Pacific Ocean would forbid the exile of Europe to set foot upon is now quite extensive, and still increasing. And our happy shores. Sir, let the warm-hearted lashould the plan of Mr. Aaron H. Palmer, lately rec- borious son of Erin, the industrious and frugal ommended to this Government, of a ship-canal to German, the generous and patriotic Pole, come unite the Atlantic and Pacific, and for a railroad 1 among us. I fear no contamination from their from some point on the Mississippi to San Fran- presence. If our country is not sufficiently large, cisco, or San Diego, in California, be carried into let its borders be expanded to receive them all. operation, as it doubtless will be before the lapse The policy that would attempt to retard the free of many years, its value and importance will be course of liberal principles, or check the flood of greatly augmented. emigration that is still rolling onward to the disWhy, sir, it is estimated that at the present time tant West, is as futile as it is unwise. The current " the American whaling vessels alone in the Pa- is deep and mighty, and cannot be stayed.'cific exceed in number six hundred, and give em- Sir, when I cast a glance upon the past, and be-'ploymenttoupwardsof twentythousand men; and hold what our country was two hundred years'that during the year ending the 31st of December, ago-a vast wilderness, with a few scattered ham-'1837, the whole number of our merchant vessels lets on the Atlantic coast-when I look upon it "which cleared for ports in the Pacific, and to ports now, with its twenty-five millions of friee and' in the East Indies, amounted to one hundred and happy people, spread over an area vast in extent,'eighty-one." The amount of capital employed yet brought into close proximity by the facilities does not, probably, fall short of eight millions of of intercommunication, which have almost annidollars-perhaps it is more. hilated time and'space-when I witness the mighty Now, sir, shall we trust the protection of this events which are now transpiring, and which point.commerce to foreign nations, with whom we are to the future, I am overwhelmed in contemplation liable at any time to be engaged in war; or shall we of the glorious destiny which awaits our happy adopt the means necessary to protect it ourselves? Union.

Page  9 THE UNION-ITS DANGERS-PROGRESS. SPEECH OF HON, W,: WICK, OF INDIANA, IN THE HOUSE OF REPRESENTATIVES, THURSDAY, JUNE 20, 1848. In Committee of the FWhole on the State of the Union. Mr. WICK said: It will be germane to a consideration of the state The public records and public press inform our of the Union, if not to the bill under consideration, constituents that a great majority of the measures to point out the incipient causes ever at work, unacted upon by this House, are considered, discuss- dermining the foundation of the symmetrical struced, and prepared for final decision in a Committee ture composing the Union of the States. That of the vrhole House on the state of the Union, structure is of the composite order, combining the and that a large portion of the time of the House majesty of the Gothic, the sturdy strength of the is spent in its capacity as such committee-the Doric, the chaste neatness of the Ionic, and the state of the Union being much more frequently the ornate beauty of the Corinthian orders. It can theme of discussion than is the particular bill for never be overturned by open attack; but it may be the time being before the House. subverted by underminingand removing the foundThey read that." in a multitude of counsellors ation, which foundation is the Constitution of the there is safety." They know that this House is United States, in its letter, and in inferences which a multitude, though I will add, en pcassant, that must be drawn from it. A resort to, or adoption when they come to our Hall, (as they do when on of, inferences which miight be drawn from it, will their.way to attend their popular conventions, and be fatal. on certain other occasions,) they betray the most From the time of the adoption of the Constituunaffected surprise at the unexpected character and tion to this hour, Federalism has been engaged in toast ensemble of this " multitude of counsellors." a struggle-open when in power, and at other times Seeing that we are almost daily engaged in a con- covert-the object of which has been, to lead, or sideration of the' "state of the Union," they come force the General Government into the exercise of to the conclusion that the Union is very safe in powers which may be inferred fiom the Constituour hands-the more especially as the most of us tion; while Democracy, or Republicanism, has as were not backward when seeking a place here, to constantly resisted the exercise by the General make known our extreme devotion to the Union, Government of any powers except those delegated and our ardent desire to perpetuate it. by the Constitution in express words, or which They moreover gather, or infer from the fact of mlst be inferred therefrom. It may be said, and so much of the time of this House being devoted truly, too-more's the pity-that many men callto a consideration of " the state of the Union," ing themselves Republicans, have contended, and that there is danger, more or less, of a dissolution are now contending, for the exercise of certain of the Union of States, and of parties, and this powers which are admittedly neither expressly their apprehension is not a mere fantasy. There delegated by, nor yet of necessity to be inferred is danger —not imminent and immediate-but re- from the words of, the Constitution. My answer mote. The selfish man, who cares for nothing but is, that such men may have called themselves Rethat things may go well in his day, has little cause publicans, and may have voted generally with the to be alarmed; for such is the attachment of the Democratic party; they may have been, and may American people to the Union of the States, that now be, generally recognized as members of the its dissolution will be a work of time. But the Democratic party; but they have been, and are paternal man, who loves his children, and the chil- Federalists, notwithstanding. Or, if they deny the dren of his neighbors, and would provide against exercise by the General Government of powers evils to which future generations may be exposed, not expressly granted, or of necessity inferred, on and the patriot, whose bosom glows with love of all points except one or two, they are yet more country, may well and reasonably fear. The be- dangerous than thorough-going Federalists; benevolent man, who'loves his race, and has been cause, being recognized as Republicans, there is naturally led to consider this country and its insti- danger that they may mislead the unwary into the tutions as of inestimable value to human nature, adoption of their opinions, and so contribute to has a right to be anxious. His hopes, as to the make the Democratic party anything. but a unit, il destiny.of the United States, may turn out to be consequence of the spread of dangerous heresies. but dreams. So, too, it may be said, and said truly, that, at

Page  10 times, nearly the entire Democratic oarty have faith. They dare pronounce their country in the yielded points, and even passed laws inconsistent wrong, and as engazed in an unjust and unneces — with the strict construction of the Constitution, sary war, cas a party; they might venture upon which I have predicated. My response to this is, almost any declaration, aniy specimen of moral that for a time immediately preceding such action treason in reference to a subject not yet fully unof a portion-perhaps a ma jority-of the Demo- derstood by the people. They are bold gentlemen, cratic party, Federalism had occupied the F-alls of and are in desperate circumlstances, and would legislation and the Executive chair, and had sway- therefore venture much. But to declare in favor ed her leaden sceptre over the land, and riveted of a bank, against which the mases hnave Iepeatdown her abuses. Democracy coming into power, edtly decided, would be a piece of Q(uixotie galaccommodated itself to the existing state of thing's, lantry, quite unealled for. Bank literature will whether wisely or not, I will not express an opinion. not therefore be proclaimed, just at present, either One by one rivets were drilled out, or wrenched in the body of the temple of Fedelralism or at the away, and the fact was gradually developed, that vestibule, where it may fall upon vulgar ears, and insteadl of being necessary to keep together the be " very tI.cI mlisu derstood.'. Till the time shall machinery of the body politic, or proper parts come when Federalism shall he 6;"once in the sadthereof, they were but rniserable contrivances to dle," and no " fixed fact"'shall stand in the waymake the rich richer, and the poor poorer; to in- as John Tyler did, like the angel before Balaam trodtnce a corrupting influence into the very capil- and his ass-till trhat time come, the literatulre of laries of the popular body, and to strip the States Chesnut street, the lore of " fiscal agencies," must of their original inherent sovereignty. be kept from "the public eye," and remain in Were I, in the article of death, to be called upon the Holy of Holies, to be read,tallred,and thought by those constituents to whom I am deeply indebt- of only by those who minister there. I am no ed, to point out the causes to be apprehended, as friend to the bank, but " I am a g.entleman of borotending to produce the final and fatal catalepsy of els,"' and if this same bank were a " reael htonema,' the Republic, I would, in view of the moral respon- I acknowledge I should feel rather pathetic, in sibilities impending, designate, as the principal view of the ingratitude manifested towards it. It proximate cause, without hesitation, and with as- bought up editors, leading men, and politicians for sured certainty, the exercise, weith reference to inter- 6' the party" by the hundred; it browbeat everynal rffairs, by tile General Governient, of pow1ers body, and, more or less, either friightened or cajoled -Reither expressly gratted to it by the letter of the Con- nearly every one but old Lionl Heart and his stit'ttion, ntor oef' ecessity, to be inferred therefrnom. " kitchen cabinet. " And now, after all this, to be There is behind this proximate cause a remote pronounced an "' obsolete idea," and be smuggled cause, of which I must say something before I away out of sight, and (ostensiblvyat least) laid or resume my seat. the shelf among the old, thrice-condemned Federa I shall not reiterate the well-known doctrines of lumber-the alien and sedition laws, the Hartford the Democratic party concerning the original sov-.Convention, and blue lights! —n' I wish I may die ereignty of the'Stateis, cnd the result of a grnt of i a it is not too bad!'" powers to the General Government; nor will I Again: It is but a few years ago since Federalpause to reason analytically, as to the sure danger ist boldly advocated the doctrine of adjusting_ the of construing the Constitution liberally in favor of tarifi with a direct reference to assisting our manugrants of power to the General Government. That facturers, by enhancing their profits, and found a task has been performed, many times, by those few Democratic votes subservient to thlat doctrine having claims to ability and authority greater than This idea was called protection. Democracy opI may truly boast of. posed it, inttruded upon it, and finally overthrew it I propose to establish, practically, that the exer- in 1846. The Constitution confers the power upon tion by the General Government of powers not Congress to levy duties upon importations for the expressly granted has, in all instances produced support of the Government. 1F'ederalism claimed mischief. And- that under a liberal construction of this grant, the First. There is no clause in the Constitution power of protection could he exetted, and ought to conferring power upon the General Government to be exercised freely. The people were carried away charter a bank. The power, nevertheless, was for a time, in portions of the country, by this idea. exercised. Did the bank do good? Did it benefit They were made to believe that American ingethe masses? Did it purify the currency? An old nuity, industry, and capital, aided by cheap proproverb declares that'" all is well that ends well." visions for operatives, and inexhaustible waterDid the bank end well? VWhat is the opinion and power, could not compete with foreign ingenuity,:feeling of the common mind upon these points industry, and capital, without levying fitom the,inos? When Federalism found itself in power in masses a further bonus in favor of the manufactur1840, did her high-priests dare to present the bank er, in the shape of high taxes. Many Democrats idea-its dead and rotten corpse-till they had in name were canried away by this absurdity; and dressed it in " bra new duds," and christened it others feared to holdly advocate the truth as they "Fiscality?"? Have not those high-priests been com- understood it. But time, which proves all things, pelled, by public opinion, to blink their faith, and exposed this heresy; and one of the fi-uits of the to pronounce some gibberish about an "' obsolete Democratic victory, in 1844, was its perfect exploidea;"' as a lullaby to the jealousies of their own sion. In the 29th Congress there were but few. partisans? Dare they now publish, as an article Democrats adverse to the doctrine of free trade, and in their party creed, their declaration'" that Con- these few, it could, by an individual and personal gress has power to charter a bank of discount and application of circumstances, be demonstrated were issue, and that it is expedient to exercise that controlled by local interests or political timidity. power.?" They dare publish no such article of And now, in 1848, the prophesies of Federaliam

Page  11 --------- __~I_~.__.__3 ____________ iavin- been disproved by experience-the tariff of the American people. It is to be hoped that their 1846 having improvbd both the revenue and the intelligence, or at least their memrnory, will be found markets-no Democrat can be found to advocate equal to the occasion. The Israelites did clubtheir the exploded idea. And Federalism, which for- jewels to make a calf god, while fire, and smoke,'merly was so olstreperous in favor of protection- and thunder, and lihtning, firom Sinai's top yet whose priests foirnerly bellowed in our ears, in demonstrated the existence and presence of the true ominous tones, making our hearts to tremble, and God before their eyes; but it would be a libel upon our' knees to knock to-etler, the catch words, the American people to suppose it possible for Protection, Home Market, loreign Pauper Labor, themrn to be equally besotted, and stupid. And yet and all of that sort of thing, now have grown mild, a reference to the past might inspire one with some and "roar you an it were any sucking dove." diffidence upon this point. For it has happened Assembled in Convention, a few days since, that a small number of those calling themselves 1o nomrinate a Presidential candidate, they dared Democrats did, by voting with theiropponents, neither reassert nor declare an abandonment of throw the Government into the hands of Federaltheir ancient tariff doctrines. They let'"expres- ism, and they only escaped the fearful consequensive silence sing" the praise of the Democratic ces naturally resulting firom a forgetfulness so tariff of 1846, and blinked the confession of past criminal, through the unforeseen and unexpected errors.9 which they owed to their own honor, and intervention of the supreme and good Providence, to the world. which'; has made and preserved us a nation." No Democrat will now quarrel with me for as- In the progress of legislation other schemes have stmina tlhat experience has proved that there is no been, and will be brought forard, requirin Ilegisnecessity for strainilig points, and making free con- lation by Congress upon subjects, the care and su-:structions of the Constitution, so as to infer there- perintendence of which are not committed to the from the powet to charter a bank. IHe will rather General Government; and, upon all such occasions unite with me in hoping that the day may sooi Federalism has ever thrown, and without doubt, come when the States may alI cease to exercise will continue to throw the weight of her votes in that power, or by amending their constitutions, fatvor of the exercise of the forbidden powers, with,either riestrain tetir legislatures from the granting of ian eye to her never-forgntien plan of extendrling the such charlters as now exist, or deny the power alto- operations of the General Government, and clipping gether. Were I a young man, I should expect to. the States of their sovereignty. At present, I will see the States redeem themselves firom the corrupt- content myself with naming, as two of those ing intiuence of banks, firom the baleful and pat- schemes, the appropriation by Congress of money alyzing eflIects of bank suspenrions, and bursts, for carrying out a system of internal improvements, anrd fiom the meanness of a debauched currency, and the legislation by Congress for the Territories and of the shinplaster abomination, forever and in reference to municipal matters, to the extinction ever. of the sovereignty of the people thereof. But thtus far, Democracy can only boast that it Upon both of these points, Democracy, true to has driven the idea of a national bank into disgrace, herself, has defined her position in the resolutions ~aken away trom Pederalisri her magic wand, comi of the late Baltimore Convention. It is, however, pelled hetr to confess as ant "obsolete idea"' that mi-uch to be feared that there are dissenters from which was once, to her, as a household god, and the commnion and declared creed to be found even forced her to smu gle it into existence (as she among the acknowledged members of the Demowould., if she had the power) under some new critic body. Federalism never reasons. It never name and dismguise devised by the priests who speaks from an intelligent conscience. It prates minister at her altars. of expediency, and presents the bright side ofa Nor can any Democrat teow be made to cower at scheme, without permitting the dark side to be the mention of " fiee trade," or forced to com pro- seen by the people. Thus, an advocate of a sysnaisinely give utterance to the Shibboleth, " inci- tern of internal improvemrnent presents the advandental protection.' On the conttrary, he,speaks of tages to result fi'om the improvement of harbors' free trade"' in manly phrase, as an idea to be ap- anrid rivers, anrid the making of railways and canals; proximated as closely as may comport with rev- but he does not inform the people tihat these things enue. And Federalismn which formerly,in portions always cost money; that because of the distance of the Utnion, waits able to make Democrats aftraid of the General Government firom the scene of operby boldly blusterting forth her real doctrines in fa- ations, public works cost the Government many vor of a tariff, heavily protective-such as would times as mnuch money as the like works cost when' take care ofthe, rich, and enale thle rich to take executed by States, companies, or individuals. I-IH care of the poor'"-now modestly squeaks forth a speaks in golowing terms to his constituents of the declaration or rather protest, begging favor for the convenience to thenm of having this or that public idea of " incidental protection." work carried on by the United States, and well Upon these two points of controversy, concern- knows how to enlist the mercenary, by representino claimed inferential powers, Democracy has ing the advantage to result from large expenditures aclieved a perfect victory, demonstrated thile truth of -noney in their imnimediate vicinity, and by hintof ier positions by experience, and silenced if not in- that a contract may fill to their share, yielding convinced iher adversary. Whether the safety of the large profits generally yielded by all Governthe Union, and individual welfare shall, or shall mnent contracts. But will he tell the hontest masses not again be endangered by a return to power of a that the money thus expended near them must political party whose creed does not forbid the ex- I every dollar be raised from them by taxation? ercise of' powers not expressly granted, or, of ne- Never. cessity to be inferred, and whose instincts will If internal improvements should be carried on inevitably lead thereto, depends upon the will of by the General Government, one of three things

Page  12 will result to my constituents. If alarger amount the appropriations for.the Ohio and Mississippi of money should be expended among them in im- rivers may tend, very remottly, to promote thei!r provements than is raised firom among them through interest. Many of them have traversed the upper the operation of the tariff, exclusive of their fair Ohio, and satisfied themselves that the money hereshnare of other national expenditure, they will be tofore expended there, in attempts to improve the holding an advantage over other, and more neglect- navigation, has, in fact, prodiced artificial obstruced sections, which, as honest men, they muList ac- tions to such navigation. There is a bill on the knowledge to be unrighteous. Of incurring the calendar appropriating some refuse land towards g.uilt of this unrighteousness, my constituents are compieting the Cumberland road; but does any one in little danger. They are not in the vicinity of dream that it will pass? Is it not very certain to any possible public work, except the Cumberland " get a go-by," or to be voted down? In this road, which seems, by a consent almost common, (which is to be the usual) state of things, is it a to have been dropped out of the system. matter of wonder that vetoes of internal-improveAgain: if just about their reasonable share of ment bills should be well received by those I repan internal improvement fund should be expended resent? But again: Yy constituents are not conupon useful works of improvement among them, tent with examining this matter in the light of the they could inot accuse themselves of unrighteous- existilng state of things; they look alead, atnd foresee ness, and the only drawback upon their satisfac- the mighty rivers of Texas, Oregon, and Califortion would be, that because of the General Govern- nia coming into the system, arid estimate, without erminent expending money for any (but especially anore arithmetic than they can master, by counting for such) ob jects, they have taxed themselves to on their fingers, that their shifting sands, their fickle improve, or make some kind of public facility, at channels, their mighty cascades, and their tens of many times its reasonable value. And if it should thousands of miles, would ingulf, sink, and sweep turn out that very little, if any, of the internal im- away the revenues of the world. Hence, those of provement fund should be expended among them, them who do not, at once, sustain the President as or upon any work in which they have more than a to the unrconstitutionality of such expenditure, do remote interest, I am inclined to believe they would not hesitate a momnent to sustain his repeated exerbegin very much to doubt the constitutionality o.f cise of the veto power on this point, upon the score such expenditure; and that they would decide of expediency; and I believe they ire generally againstthe expediency of such iateecing operation., very willing to see it adopted as a part of the there is no doubt. national creed, that such expenditures are unconThe present Chief Miagistrate of the United stitutional. Of course, I except from thiscategory States has, on two occasions, exercised the ex- such as have some selfish or political reason for traordinary legislative function committed to hfis affecting to entertain a contrary opinion. Ethics hands by the Constitution, by preventing the pas- were not made for those who celcutlae personal sage, into laws, of internal imtprovement bills wvhich interests, and shape political opinion accordingly. had passed both Houses of Congress, exerting, for nor is candor the attribute of the ambli-ious. that purpose, what is commonly called *' the veto Some of the appropriations for inrternal improvcpower." HIe lost no friends among my constituents ment, now pending in one or the other of the by so doing. Instead of findilg or namking occa- Houses, are inserted in the ordinary appropriasion to apologize for, or explain my votes against tion bills, without the passage of which the Govone of these bills, after it was vetoed, and against ernaient cannot go on. Othes of themn, I prophesy,. the other on all occasions, I acknowledged to my will be inserted therein by way of ameronment. constituents mny error in judg.m-ent in voting for Nay more, I have a prescience that there will be one of those bills before it was vetoed, and prom- grafted upon those bills yet other amendments of ised to do so no more; and with that, my ever kind this cliaracte, which, at present, are not thought Democratic constituency let me off. of generally, but w ll be dragged forth, in due time, I have not found leisure to collate proposed ex- frnom tleir hiding-place in, the bosom of selfishpenditures provided for by bills pending in both tiess, or of political. cunning, The effect of such a HI-ouses for internal improvements, not can any one course will be to comnpel the President to either now foresee what amendments will be offered to approve measures in the very teeth of principles bills when they comne up, providing for expendi- deliberately avowed in previous solemn, and welltures not now in the calendar. I have not even considered veto nmessages,or to assume the responlooked into tie calendar of the Senate. I have, sibility of hazarding the passage of the appropriahowever, looked casually and hastily over a pot- tion bihls at the present session, and the expendtion of the bills originating in the House, and those iture incident to a call of a special session of which, having passed the Senate, await the action Conrtess. If the bills should be rejected by the of the H-ouse, and, inter alia, I find the following, President, before an aljournmnent, but in the last which are to be passed, I suppose, by hook or by houirs of the session, afteran adjournment shall be crook, viz: resolved on, a call of Congiess vil: be almost cerFor i.rnp vilsn.,,,,,,a. i o tain; and if they should be rejected constitutionally, For inpt o~vin streets mie tam- city......................36,150 For the prelicise at' bridges tor t'his city............ 30,(oe after an adjournment, the call will be indispensable. For hartorTs and rivers, (in ight-hollse bill......... 73,800 The President is vested by the Consstitution with For light-i ouses, (in ligt-htoue hill)....120.00 certain powers. WTith certain limitations, Ihe is an For light-houses, (in civil and diplomatic Nl{)...... 107,000 For it oesiiieadomtindependent branch of the Legislature. His opin Not one dollar of these sums will be expended ions are known. We are not in the dark on the among my constituents, nor will a dollar thereof subject. Unless, then, we are sure that he will reach their pockets. Nor have they even a remote abandon points of constitutional law, which he interest in any of the improvements authorized by' has, under oath, deliberately assumed, and, after the appropriations, u.nless it may be supposed that titne for reflectionl, reasserted, or fthat we haye a

Page  13 two-thirds majority in favor of our internal-im- of the Territories in reference to matters of muniprovement appropriations, and can pass them full cipal legislation-I have a few sentences to utter. ten days before adjournment, we take upon our- Territories, as organized bodies politic, are unselves the responsibility of causing the expendi- known to the Constitution, not being so much as ture incident to a special session of Congress. I named therein. The power to legislate for them, have heard it said that the President has not the in this Hall and in the Senate Chamber, is claimed firmness to adhere to his principles under the cir- under a clause in the Constitution which is in these cumstances which I have predicated. I have not words, viz: " The Coeng'ress shall have power to disthe slightest authority to speak for him, here or'pose of;, and maoke all needfitt rules and regullations elsewhere; but 1 know a little of the man, and' concering, the territory or other property of the more of the circumstances which surround him.' United States." At the time the Constitution was He is about to retire from the chair of state, and, adopted, the United States owned, in sovereignty, in all human probability, from the political arena, and subject only to the extinction of the Indian forever. If he have, in his construction, theelements claim, an immense and almost unexplored and unfor which I have given him credit, he understands known extent of territory. It was easy to foresee himself as living for history, and will not, unnder that (as did subsequently come to pass) settlements any circumstances, beat a cowardly and scandalous would be made in different portions of this terriretreat from that which he has declared to be his tory, remote from each other, and yet nearly sworn duty. And if he be the "Young Hickory" simultaneously, and that thus many inchoate bodies which we Democrats endorsed him for in 1844, he politic must, of necessity, spring into existence. must be gifted with, at least, some of the perti- Had it been the intention of the Convention to nacity andconscienceof " Old Hickory,"aswellas confer legislative sovereignty over these bodies ordinarypride ofcharacter. If you think illof my politic upon Congress, the grant of such soverjudgment, bring James K. Polk to the test. Try eignty would have been made in express words. him. If he fail to give you yet another " touch of The object of the clause which I have quoted from his quality," you may set me down as no prophet. the Constitution is evidently not intended to confer I will scarcely be suspected of any desire to pre- political sovereignty. It only authorizes Congress vail on the other side of the House, having little to legislate concerning the territory of the United party interest in their good conduct. I profess, States as property-land. If it had been intended to however, a good will to caution my Democratic confer upon Congress political sovereignty over brethren to keep out of a "nasty scrape." The the Territories of the United States, the plural of utter impossibility of raising money to keep up the word "territory" would have been used, and annual appropriations for harbors upon the Atlantic "territory" would not have been classed with and Pacific coasts, and upon the lakes, and for the property, and evidently characterized as such by improvement of the rivers upon the Atlantic and being immediately followed by the words 1"and Pacific slopes, and in the great valley, ought to other property of the United States.'" admonish us to abandon such appropriations at A recent writer and orator upon this subject, once; for, in the end, they will be abandoned of more remarkable for ability and ingenuity than for necessity. It may be said that this is a new Dem- conscientiousness, has misquoted this clause of the ocratic idea.'Well, suppose it to be so, and what Constitution, or perhaps I may say amended it, then? Are we not the " progressive" Democracy? by striking out the word " territory," and insertNew ideas must arise as new circumstances pre- ing in lieu thereof the word " Territories," thereby sent themselves. Besides, the idea is not entirely leaving the incautious reader, who does not examnew. It-was started in the early days of the Re- inc the Constitution for himself, to believe the abpublic, it took a wide stride in the days of the MJan surdity that the Constitution makes Territories, in of the dlge, has progressed during the present Ad- their capacity as bodies political-i. e., the bodies ministration, and will be forced, by events and and souls of the population-the "property of the circumstances just at hand, upon us by the su- United States." Parliament never asserted so preme law of necessity. much concerning the people of the Colonies, though It has been said that, on this subject, one of the it did assert its own power "to legislate for the existing political parties in this country has little Colonies in all cases whatsoever." And for and to boast of, as compared with the other. With because of that declaration, far more than because the candor which I have resolved shall on all occa- of the "tea tax," did our forefathers assert and sions characterize what I may say here, I will achieve their independence. This unauthorized confess that while the Whig party has been con- substitution of a plural for a singular enabled the sistently wrong, on this subject, the Democratic writer in question, and other advocates of the docparty has not been very consistently and ilnitedly trine of the supremacy of Congress over the suright. In consequence of the presence in its body premacy of the people, to stagger along on a lame of many dissenters, it has been fearfully addicted arglument. Without it, their idea has no constituto backsliding. But, upon the whole, it has, true tional support. I have heard the decisions of to its leading characteristic, been, even in reference courts quoted to establish this doctrine. Such auto this subject, "progressive. " Reforms,like revo- thority is not satisfactory. I can find precedent, lutions, never go backwards. We shall " go on and decisions of courts, and of Congress, to susto perfection." Who will be the last Democrat tain a bank of the United States, and every item who will he found casting his votes with Federal- of the Federal creed. Inasmuch, then, as the ism, on this subject? Constitution has not conferred the sovereignty of Upon the other point which I have indicated as the Territories upon Congress, I claim it for the being now in controversy, and from the misunder- source of all sovereignty-THE PEOPLE. standing whereof there is danger to the Union imr- From what I have said, it appears that the pending-I allude to the sovereignty of the people grand distinction between Federalism and Democ

Page  14 racy consists in this: Federalism claims for the rent expediencies. But the grand test of truthGeneral Government the right to exercise many experience-will ever prove that it is neither necespowers which Democracy assigns to the States. sary nor for the better, but altogether unnecessary Examine this distinction in the light of common and for the worse, for the General Government sense, and which doctrine is the best for the people? to assumes powers not expressly conferred by the Can the General Government exercise power with- Constitution, strictly consttred. It is upon this outi encountering expenditure? Every one will see point-that of a strict construction of the Constituthat the answer to this question must be in the tion —that Democracy must stand. All departures negative. It involves expenditure to pass a law from it involve it in the swampy grounds of Fedthrough Congress; butt in most cases this is butas eralism, and get it into trouble. The day will "a drop in the bucket," comlpared with the ex- coime when it will stand intact of a single sin or penditure incident to the execution of the law, if heresy upon this point, and without a dissenter it be temporary. If it be a permanent law, (as among its adherents; or otherwise the Constitution most are,) requiring constant or even annual exe- will be lost sight of, and a " common law," comcution, then the machinery, the officers employed posed of precedents, take its place. Congress will in and the action of that execution, becomes a then legislate almost without limitation; the Genpermanent burden upon the treasury. It is in con- eral Government will be a splendid and expensive sequence of Congressional legislation upon new affair; the States will have but a nominal and comsubjects-mniany of them unatiutiorized by the Con- pliimentary sovereignty; they will be sovereign de stitution —far more than in consequence of our na- ji'ne, but not tie fiacto; the people will find themtional growth, and the extension of' our borders, selves burdened with a permanent public debt and that the national expenditure has increased in the high taxes, and there will be an aristocracy of progress of time. National expenditure would be banlkers, manufacturers, and holdlers of permanent a public and individual blessing, if the Government American stocks. There will be a Democracy, possessed means of iieetinig it other than raising it too; but it will be too poor to go into the political i'omn tle people bythe process oftaxation. But the market and buy votes, and too powerless to confact is otherwise. Every dime expelnded the people trol them. It will have two glorious privileges: must pay into the Government coffers. To raise tlhat of gru mbling, and that of rebellin(. Bit Ipraemoney. the Government has-no resort but the pock tical influence it will have none, till again grasped ets of the people; and to them it is precisely the by the rude and reckless hand of revolution. sarne, so far as the amount is concerned, whether I have intended, by what I have said, to lead to the resort be direct, through what is called "direct one grand practical idea, in addition to a considertaxation," or indirect, through tariffs. Federal- ation of Democratic theory. The practical idea is ism, when it speaks on this subject, very usually this, to wit: that Democratic private men are in presents to the people only the expenditure, and constant dangeir of being beguiled into the adopthle advantages to result therefr'om. It is usually tion of Federal dogmas by the presentation to their silent as to the taxation consequent upon expendi- minds of plausibilities or apparent expediencies, ture; and it never points to the well-known fact comporting with local interests. For example: a that the General Government cannot-never has, mlanrtfacturer might be inclined to waive the appliand never will-expend money economically, as a cation of the doctrine of strict construction so far State or anl individual may. Democracy proclaims as to admit a little protection into a tariff law bethe "' whole truth'" upon the subject; and this may yond that which is purely incidental. So a resibe the occasional cause of temporary defeat. If dent on our seaboard, ]akes, and rivers, may think individual Democrats do occasionally play the that the power to expend money in internal imFederalist, by telling the agreeable half of the story, provements must be somehow or other conferred they go on swimmingly for a season; but in the upon Congress by the Constitution. He cannot end they sputter out. The conclusion is, that the but be puzzled, when requested to find the article Union is in danger from the General Government or clause in which the power is directly given; exercising too much power, and raising and ex- but yet insists that it is there. So, also, one nmorpending too much money. ally opposed to slavery will insist that Congress Another evil, to result from the free exercise of ought to legislate for the Territories, at least so far power by the General Governtment, the expendi- as to exclude slavery therefrom. The anmount of ture consequent upon tihat, and the taxation con- it is, that these gentlemen are clamorous in favor sequent upon expenditure, must be either direct of a strict construction of the Constitution (the sole ttxes, or further pinching restrictions upon the principle of a purely political character, which dislaws of trade, resulting from an increased tariff of tignuishes Democracy from Federalism) till that duties. doctrine trenches upon some special interest or In connection with this subject-the exercise by prejudice of their own, and then they insist on the General GCovernment of powers not conferred waiving the principle. How will this work? Let by the Constitution, and the consequent evils-[ us see. The Democrats of one section will insist have named a batik, a tarif for protection, internal on the necessity of Congress legislatingl to keep improvements, and prescribing municipal laws for slavery out of Territories. For the sake of nanthe Territories. These are by no means all the nimity, the Democracy of other sections yield this subjects which I might introduce, analyze, and poinit. The Democrats of other quarters come explain, in support of my argument. In the prog. forward, and insist that the power to, engage in ress of our aff-airs, matters will hereafter arise upan w orks of inlternial improvem-ents must be silnteezed which the same principles will bear in a similar out of the Constitution, though it should.- le as difmanner. When those new questions shall;risie, fictilt as to " extlract blood from a turnip." For the Federalism will frequently, fi)r a time, succeed by sake of political fiateirnity that point also is yieldbringing into the field her plausibilities and appa- ed. Then comne the Democrats from the manu

Page  15 fbacturing districts, and insist, that in virtue of ing the place where a throne was, to be occupied certain constitutional inferences, Congress has by the tribune. Literature, science, Iphilosophy, power to give them a little direct protection, and the arts, and belles-lettres " progress," and their that they are very needy for the want of it. To adaptation to use'" progresses' Mloral and give theml contentment, that point is given up. phlysical man " prlogresses.' Animals, by culLastly come the Democrats of the cities and towns, ture and the crossing of breeds, " pr gr ess" in and sug-gest that they are mrnuch hampered in the beauty and u'seful qualities. The moral world and way of'" business facilities," and that a national the physical terra firma keep moving; toe planets bank-a fiscality-is actually necessary for them. roll on in their courses; systems career through This is rather startling; but as it is threatened that immense space; nature, and art, and mind, are in a separate organization and defection will be the progress. Evenl reliious cleetds not leligious consequence of a refusal, that point is yielded too. truths-undiergo modification, atnd, fo) good, prooThus, one by one, every Democratic principle is oless." Federalism alone is stationary. She yielded, and the Democratic party is thoroughly chances her name, and may blink her favorite Federalized. If one minority can force the major- ideas for a time, till an election call be carried upon ity on one point, other minorities have an equal an'Cavailability;'' but in creed, opinion, principle, right to force the majority on other points; and' wish, and instinct, slte changes not. Unchanged, thus minorities may excise, seriatium, every prac- except in mere externals, since 1787, she stands in tical opinion resulting from the Democratic creed, her ancient and murky temple, and grows dizzy and lead us back inito the fold of Federalisnm. as she looks out, in aimazemetnt, upon the whirl of The diffictulties which httve arisen in the Demo- all things as they fit past her in their PROGRESS. cratic party, in consequence of the existence of Aware, that her principles are, generally, unacpoints of dliiference in opinion, can only be ad- ceptable, the late Fedceral-.-I beg pardon, WV hii I justed by minorities conceding to majorities, The believe is tlhe word now-convention adjourned majority, uninfluenced by local interest or preju- without the formal or iinf)rmnal declaration of any dice, will naturally be in the right. It may safely creed or platfoirm. Resolutions having a squinting be avowed, that in no single instance have minori- that way were declared to be out of order by the ties carried any point otherwise than by a union, presidirtn officer. A novel but prudent decision, for the time being, with Federalism, firom the con- withlout precedent or reason, was this. Tlie emersequences of which adulterous utnion they have gency called for it. Like the bird of the wildernot escaped unhurt, nor except upon working out ness, our fiiends of the Whig party hid their head their salvation with much fear, trembling, and in the bush, and fancied the world would fail to repentance. see their tail. The precaution was vain. The The mnasses belongitn to the Democratic party abJsurd alliance between the political party which do not naturally desire to dissent from the major- pronounced the late wvar unnecessary and unjust, ity; and it is my clear conviction tihat they glide anld the general who led one wing of our conquerinto false positions because political men anid the in, army, has e:cied a burst of rndicule and discorps editorial nmislead them. Instead of honestly gust flom~ one end of my district to the other. It cautionint thlem against Federal ideas, made for will, if I mistake not, give occasion for loud gufthe titie acceptable in consequeince of local inter- faws of derision fiom Maiine to Texas, fiom Oreests or opinions, it has seemed to me that very con to California, aSnd the qitidnttocs and wits of fiequently political men and editors go out of their Europe will join in the cachinnatory chorus. Even way to bridle and saddle sonme miserable hobby, if the great Federal, National Republican, Whig and nounot and ritle it with extraordinary evi- party had not estopped,tself from a resort to the dences of' exhilaration. This want of political supposed availability of military reputation, the candor and courage is the remote cause of disunion Democratic party, always ready to honor Dencto which I have alluded. God make the politi- cratic heroes, has blundered upon a couple of availcians honest. The people are so. abilities in that line which cannot be defeated. I have said that Democracy is progressive. Fed- The day is not now when radical Democracy, repreeralisym has wagged her head, and in reproach and sented in the persons of two L"voluLteelvs" of 1812, derision called us " the progressive Democracy,' will be even endangered. The people will rernemanud we have not taken the saying as a reproach, her Jackson's Secretary of War~i and Jackson's but as praise. Monarchy has progressed from that aid-de-camp,- and will endorse the preferences of which was despotic to that which is limited. 1" the M.lan of the Age." Kings " progress" as the people demand of them, or, in default, have' progressed" into exile, leav- * ass. Butler.

Page  16

Page  1 RI El M A N KLL OF, NEW JERSEY. ON A PROPOSITION TO DEVISE MEANS FOR THE PRESERVATION OF LIFE AND PROPERTY FROM WRECKS ON T1HE NEW JERSEY COAST..D LISREV D IN THE HOUSE OF REPRESE-NZTATIVES, ATUGUST 3, 1848. WASHINGTON: PRINTED BY JOHN T. TOWERS. 1848

Page  2

Page  3 MYE A. NEWELL, OF NEW JERSEY. The House having resolved itself into a Committee of the Whole on the state of the Union, and having the Army Appropriation bill under consideration, Mr. NEWVELL said: I do not intend, Mr. Chairman, further to direct the attention of the committee to the bill now under discussion, but shall avail myself of the latitude usually allowed in debate when in Cotmmittee of the Whole, to speak to a subject which bears no relation whatever to that now leg'itimately before us. Nor shall I venture to follow in the well-beaten track of those who have so thoroughly discussed those hackneyed subjects, the ~Mexican war, the right of Congress to regulate certain features of territorial government, or the qualifications of thle numerous candidates for the Presidelncy. Mly inexperience in legislation, as well as the distinguished ability with which these subjects have been treated in both ends of this Capitol, would now prevent mre, however strong might have been my inclination to do so under other circumstances. But I shall avail myself of this occasion to call up a subject of mnruch interest to the particular district of country which I represent, as well as the great cause of humanity at large. In the early part of this session-ra period which now seems as remote as the Greek kalends- had the honor to introduce a resolution directing the Committee on Commerce to inquire whether any and what means might be devised by which the dangerous navigadion along the New Jersey coast, between Sandy I-ook and Little Egg Harbor, mnight be rendered less dangerous to life and property. a offering that resolution I had a definite plan in view, which it was my intention originally to have embodied in a bill, but those more experienced than nmyself advised me that the object sought could be as readily attained by an amendment recommending an appropriation of ilhe necessary sum, (about $10,000,) when the lighthouse bill from the Senate shall be brought up for the action of the House, which, if the bill now under consideration be soon disposed of, will be presented before the close of this session. The honorable chairman of the Committee on Commerce (Mr. HUNT) assures me that it meets with their hearty' approval, and that at the proper time it shall be offered. I seize the present moment to urge the subject upon the attention of the committee, fearing that, in consequence of the advanced stage of the session, all debate at that time will be cat off, and I should have no opportunity to explain the

Page  4 mranner in which the appropriation, if granted, is designed to be used. The appropriation asked for is small indeed when compared with the great interests of property and life which it is designed to protect. Every year or two, Mr. Chairman, there occur upon our shores or rivers calamities to those travelling, in ships or steamboats, of such magnitude that they seem at the time to alarm, and, as it were, to shock the country into measures of safety. The people at such times naturally look to Congress for protection, and the press occasionally points out how this protection may be rendered. The terrible catastrophe which a few years ago befell the Lexington, whose ill-fated passengers only escaped being burnt alive by throwing themselves into the sea, was a striking instance of the calamities to which I allude. Upon that occasion it was said that the boat, whichl was passing throtugh Long Island Sound, and at the time of the disaster was within half a mile of the shore, might have been brought to land if the tiller-rope had not been burnt off, thus rendering her utterly unmanageable. Thereupon Congress, at the ensuing session, if I rernember rig'htly, passed a law requiring the substitution of iron chains or rods for the hide or rope which had been in use for steering steamboats. There is also a provision by law for the periodical examination by inspectors of the boilers and machinery of steamboats, which, if faithfully carried out, must furnish great additional security to the public. The honorable gentleman from TV[assachusetts, (Mir. GRINNE L,) a distingulished member of the Committee on Commerce, has brought in a bill this session, which passed noiselessly through the House, and seems to have attracted but little attention throughout the country-far less, sit, than it deserves-the object of' which is to brin' about certain ameliorations in the condition of those who sail in those floating houses of pestilence and death, the immigrant passenger ships between this country and Europe. The cause of humanity is deeply indebted to the gentlemnan from Massachusetts for this act, and I am happy to be able to say that the plan proposed meets with his hearty approval-an approval which~, I hope, will be extended to it by gentlemen of all parties in this House, for certainly, it seems to me that no political objections can be rightly urged against it. With the attention of the House I will proceed to state briefly the object of the appropriation. Tl'he coast of New Jersey is more famous for shipwrecks, attended with loss of life, than any other part of our- country, not even excepting the Plorida reefs, and, owing to a peculiar condition, which I shall presently explain, this fatality must always exist. The vast commerce which centres in New York is exposed:to this darnger, and the wonder is, when we consider its great extent, not that so many wrecks occur on our coast, but that

Page  5 there are no more. I have been kindly furnishbd by several of my constituents'" with somne data which show'v, in part, the loss of life and property within a s}hort tiune, foiom this source alone; and those who only read in the newspapers of an occasional disaster in this quarter, without reflecino'- en the firequencv of their occurrence, will scarcely credit thie anoggregate of the loss. Fromn the 12th of April, 1839, to the 31st of Jut1, 1148; (. a period of liltle mnore thalln nine years, there is knexwn to h ave beeni wreckled on tl.is and thie adjoin. i:.g coast of TL,o0~1g 1ilad,^J 68 s'hips, SS brigs, 30 barques, 140 schoon.erq and i 2 sloops mikino anl agCgregate o&' 3'oS ves:els. Of this nu"mber the'e vierce ccst awav oil tiNr 3iCV Ji sev -so~e, belweenl the poilnts alremady- dlesignateit 2 5 saips 4_8 tris,os 73 sclchooners, 8 barqi.les, 32 sloops, antd. 9, pilot boats —-s kalinI in a it58 v e ssels; of th1e wh-ole amorlnt, 122 bimave occurred since thle 2Gth of February, 1846, thus jshowinoa ti-e- xTwecks to be oireaily incietsed of late over i}odse of Lot'mer y3e-rs. tI add/idon to these I i tve mlernedl since I Canme to th-:e ILuse tli's nJori iOg that a brig was sti ndede near Sandy oo1 on the niglit, befo)re iast, and that the passetnl.ers-with some of whom, if myr isforl-ant lbe correct, anm personally acquainted —bareiv escur)"ed with t 11I ei r lives. F'1viih tt'I w eck b'en al0ttei-it3tole'., Irv c,0 x l ltn ves. ta this wreck been attended wibI t0e 10 die'ast ous consequences so -r!ofequenlt in'ihat qula:. ter'::i''iuId!iae 0i11y gtone to swevill tlhe 1on1 list of those whose paipi;ti...a g h op aes n1 joyl>ts antlicipations 7-hea Cii dawin' nevr t" o lative la:d annd i,:di:t Ieaitst have, beeln forever ob!iterated upon that peiilouls coast. No''t.i register of thes disasters has been -eep., u-ncd I -1110;,te ti t i: llS aI ccotnt does not inlclude more than thlft-if, -1cin eda so i IanvY.-t Ce wreck s that lav'e really occured. As to th Le,n'lli.Ler of lives which hlave been sacrificed on this co st t hsave not ben ablea to fbrin any accurateh opinion.'Tlo give solt-e idea;, how evet, of thle cxtent of it, 1 will barely state that, dutring the severe s0 oims in tile spring of 1S46, fifty five dead bodies were said tS o 0have been L athLrown Up at onie time. It is known, also, to a.,11 tlhlat, w he 1in Ih i iie-td Mexico was lost, nearly every soul on boar'!-amol. a sotirt g to nearly sixty-perisl,ed en:ther by the cold. or toand ra watery gtave. T he NTew Jersey sl:ore., as rmay be seen by casting an' eye upon th e map, lies io a dlirection by the compass of northeast, and southWeStO o01r noeaL!y wits1 thtese points, and vessels approacthing our coast, otuLtd folr the harboi of ewv York, are oftetn carried towards this shore by t-le strong northeasterly winds which prevail in winter, and whlich are frequiently accompanied with that thick weather which *The following named gentlemen, to wit: Dr. Page, Silas A. Crane, Esq., Dr. Laird, Dr. Lewis, Henry'Wardell, Esq., Joseph Lawrence, Esq,, and Capt. James N. LawTence, of Mlonmouth county, aie among those to whom I- am chiefly indebted for important statistics. I am also indebted for much valuable information to Captain M1laginn, the gentlemanly President of the New'York Pilot Association.

Page  6 is the especial dread of the mariner. Now, the condition which makes the New Jersey shore especially dangerous is this-that for tb e greater part of its whole extent there lies a bar, nearly parallel with the beach, and at a distance fiom it varying from three to eight hundred yards; upon this bar there is not more than two feet of water, so that a vessel driven by stress of weather must inevitably be stranded long lefore she gets near enough to the beach to enable those on board to take any measures for the preservation of life, Not even an ordinary ship's long 1oat can fioat over this bar. In most cases of shiprmvleck there are are soe fortunate escapes, and the chance - ifeie il always increased in proportion as the distance from terra firma is lessenled. But here the a mariner sees the land before him) WihL. a perilous space between tlhe shore and the treacherouen bar beneatl him, and without assistance froin th1at shore he can. trever reach it, but Emust perish in very sight of the land whiclh during his weary voyage hie hias lono;ed for by day and dreamed of by night. Thtis assistll ce tile t small appropriation asked for is designed. to render. At.lonuuhg a shlip's boat cannot cross the bar I ha.ve described, a:seitf- boat will do this, and vwill also live in a sea and come to a shore whihen the keel-boat xwoulid ibe snwamlped. These sur~f-, boats, then, it is proposed to provide at- suitable stations along the coast, and wvhere tIhe approacih to thie shore is most dangerous Itn addition to this, it is pro(posed to fLrn.iu.i' act eah station a ciarronzade of sufficient caliber to tlhrow a ball with a rope attacbhed, over the vessel in distress, so hiat; tlhose, on board aVy "' benld a haluser" to this rope, tnid thus effect a commul-nication will the land. ]Finally, at each station there should be deposited a certain numrber of r'oc/c eIs, so that, in a dalrk nighlt a signal Irom the shore may be made to apprize those on boaid tile distressed vessel in w!lat direction they may look for aid. With these fewv simple appliances, it is believed that the hazard to life at least will be greatly diminis-hed. It is within my knowledge, Mr. Chairman, flom innformation derived florom persons residing upon that shore, that, had they heretofore possessed' the-se rneans of remn deting assistance in numerous cases of shiipwreck, they would lnave been instrtumental in saving very many lives. And, 1ir, i at happy that so favorable and public an opportuin y is presented for me to vindicate the character of a portion of my constituency from the vile aspersions which have been so unsparingly heaped iupon themo. They are ever prompt to succor the distressed, and notwithstanding the chiarges of rapacity and eagerness for plunder which was at one time sought to be indiscriminately fixed upon all who resided near the shore, I do solemnly aver that a more unselfish, humane, and hospitable people are not to be found wvithiin the limits of the civilized world. The first years of my residence in the district vwhich I have the honor to represent were spent amnongst them'; and, sir: I

Page  7 hknow that. they are at all times ready to peril their lives if need be; and in numerous cases they have done it, without other reward thai the consciousness of discharging their duty, and all they ask is to be fuirnished with the means to render effectual their efforts in the cause of humanity. I have myself seen the shor- in question strewed with wrecks and dead bodies, as many as thirty of the former, and twenty of the latter at one time. I have seen thirteen bodies borne off for sepulture by one individual, and the expense of paying these last rites of hunlanity has!been cheerfully defirayed by those who, had they been of the character which some have most falsely sought to fix upon them, would literally have 6 left the dead to bury their dercd.o Sir, it is in mP.y power to disprove thlis wholesale libel to the sotisfaction of a11 who bear me, and that, too, by the force of a single Twovod. No manc within the sound of' my voice will any longer believe, whatever may heretofore have been his prejudices, that such epithets as "m rurderers and pirates" are rightfully applied to this people, -when I state that most of the dwellers upon the coast of New Jersey, so far from heing such demlons as they have been represented to be, are Friends, or, as t1hy a re commonly denominated, Qua>kers-a sect which, fro:- the timse of George Fox down to tthat of Elizabeth Frv, has owned a wortld-wide renown for peace and benevolence; a people whose hands are ever open to charit'y and whose minds are always among'st the foremost in projecting all good worlk;s. TIhat the good reputlation of this sect is co-extensive lwith their existence was never better exermplified than during the late famine in Ireland. Of their exertions on that occasion a re1 cent writer expresses himself as follows: "Taking into consideration their numbers and their means, no class of citizens car. compare wvith the Quakers for the munificence, jucliciousness, or earnestness of their bhounty. MIoney has been but a snmall part of wshat they have given. Leading mer among them have traversed the country fi'orm place to place, urging the bewildered sufl.ferels to exertion, personally directing the efforts for relief, instructing committees oal practicall subjects, and carryinog succor to wild and mountainous regions, into which traders in provisions had not penetrated, or from which they kept aloof. Shrewd, sen-, sible reports, firom clearheaded practical men, spread far and wide plain details of -the actual condition of the fanmihing country. One of the best books (says he) upon the evils of Ireland and their remecdy is'that of Jonathali Pims, one of the Secretaries of the Dublin Friends' Relief Society. It was their appeals which first aroused our brethren in America, and led the way to those magnificent contributions which constitute the most honorable exhibition of national sympathy on record." hese American contributions were placed at the disposal of the Society of Friends, and well did they prove themselves worthy of the trust. By an almost unequalled system of management, the funds in their hands were made productive of the greatest possible amount of relief, at the same time that the apportionment was prompt and unsectarian. It is frorn such facts that we ought to estimate the character of Quakerism. Those who will take the

Page  8 trouble to judge of the Quakers by their lives will come infalliblyF to the conclusion that, however much they may differ from their fellow-worshippers in the outward token of Christian fellowship, they are distinguished by other still more noticeable singulariies. — rnot simply by their blamelesshess and ne-tlal virtues, but as being men of purpose and action. They are singular throughout Chris. tendom for the characteristic merit of fiankly acting on the princin )les they profess, and for havinr crosen for their great principle of action one worth all the rest- rha of goii;g about doing goodo Such, sir, are the Frie,.Cds every lhere and it is nlo light matter of pride to me that such men con.nstitute a goodly portion of thlose'who sent me here. And these remarks, t'erefore, will not seem iaopportune to those who listened to tle iirade or defamation uttered against this excellent sect a few day s since by a gentleman upon thbis floor. But, sir, I do notdesire that nyi testimonly, open as it certainly wrould be to the charge of partinality, stiould be taken alone in behalf of my calumn:iatedi constituency. Portions of the press. especially in the city of'Newr -'ork, have been diligent, in seascn and out of season, ina akinr wholesale chargges of land piracy and even murnder acain:st those inhabiting the shore portion of my district i respeci.fully refer all xhon mayV desire to arrive, at the turll in this matter to a pampihlet puA)iblished by the Legislature of ivmy State in 1846, being a report made by a board of commission ers appointed to investigate the charges concerning tire wrecks on the Monmouth coast." The.se commin-lssioners wvere rmen of htigh legal attainments and unquestioned integiity, and the resulL of their scrutiny into these charges was suce as ou ht to have put to shame those presses, both in the city of New Yoik anRd even in a portion of my own State, which were so eagter to mnake wholesale anld headlong assertions, and have ever since, so far as I know, maintained a profound silence wiih respect to the investigation vwhich proved their ialsity. Sir, neither they nor any other portion of my constiluency seek to be relieved from any burden of humanity; they would scorn me as I would scorn myself to ask any tdling' tor them in this behalf. No, sir, they. desire on the contrary to have their ability to do good strengthened and enlarged, and they ask. at our hands the imeans of this enlargement. They ask that cupon the same principle and for the samne reason that beacons are lighted and buoys are anchored at dangerous points of navigation; for the same reason that snags have been removed from our western rivers; for the same reason that a portion of our navy, known as the " Home Squadron," is detailed for coast duty during the,winter season, and made to hover like a guardian angel along the perilous northern coast of our country; for this same reason do they ask for this small appropria — tioi, as a means of protecting the lives and property of those de. voted to the hardy pursuits fronm which are derived almost the entire

Page  9 revenue of the country. Surely, the request is reasonable, and the power of the Government unquestionable, if any thing can be settied by precedent as reasonable and constitutional. The lighthouse is but a mockery to the mariner when it assures him of a dangoer which he cannot avert; but let him feel that there are other eyes peering out into the storm beside his own; that the signal of distress, sholld he be conmpelled to fire on:e, will be heard by those 1who have the -means to render assistance; let him but see a rocket from the shore miountitng far up and piercing the gloom which would be othe-rwise appalling, and, instead of yielding to despair. he would sLrain every nerve to second the efforts for his preserva-tion There are times-nccounts of such are no doubt, ftl'l.iar iir -the readingc of most gent.lemen-wllen the poor searmen, with a final contvictio'n that their own efAorts are hopeless, will give them..:seives -p to bliid despair, and seek. for means of intoxication, thaC'i:hey mia destroy that vivid consciousness of the nearness of death, so rteribie when it comes upon one in the fulli vigor of life nnd heath. It is shocking to contemplate death under such ciicun-i stances; and, if the m-eans which it is proposed to supply should answ:er no oither end, it would at least furnish a hope that wxouled oniy expire wirtx the, liast pulsarton, and woucld enable its possessor" to meet dethll, i denatht were inevitable, more lie a Christian than like a' qu L iarvY,alvee scoured to ois d u ngeeon " Sir it seenris to me ltat, i< _Ais political and money.geting a t,' -, ciaims of humanity are too imuch overlooked. If t01here is ever legislation to protect life, it mus t coie close upon the h-eels of some terrible catastrophe, ivhich it is made apparent for the time Leing, proper leoislation' mgignit have averted. Property and its rights are well enough cared for:; almlost evelry law we iss hats more or less relat.io to tie meians of acquiring wealthl; but is this the only aim of a good Goverlmnent? Does not. the exclusive care of propertl-interests, the all absorbing co.sideration given to the pursuit of wealth in all its ram.ilecations, have a tendency to indoctrinate our people xitlh false ideas of the superior value of money as compared witht life? In the bill to xwhich I tlave already referred as having been reported bDy m1y honorable -fiend fiorn liMassachusetts, (Mr. GRINNELL,) it is provided that passenier ships slhall carry a certain perl capitta quanC tit of food; and this provision experience hAas taughlt us was noe cessary, strange as it may seem, to protect Ilunan life. So eager is the spirit of gain, the thirst for acquisition, that the emigrant ships, to the s'rhane of their owners be it said, have come to our shores r:eighted with disease, induced by hunger and short allowance of bad food, mouldy bread, and tainted mneat. Even the means of preserving life, drugs and medicines, have been turned against life by an infernal traffic in spurious and adulterated articles, upon which. the imDporter no doubt counted his gain as the result of a fair busi,

Page  10 I0 hess transaction. No language can describe the depth of infamy which marks such Iunscrupulous avarice. The horrors of war are mitigated, except among savages, by certain recognized rules designm ed to limit the destruction of life; but it would seem as though ir. this age avarice knew no bounds, and, although to poison wells is rorbiddcen in civilized warfare, yet to fill all the avenues of trade xvit h spurious medicines, and scatter the-m broadcast over the landa has been a prolific source of profit for years. XWho can tell how'man y lives haUve been sacrificed to this unholy spirit of gain? A nmorec dia'olical source of mlischief catnot be imagined. To ~rob the dead"n h ss been deemed an expression of the last extremity of disgeust but to cheat thle sick and dying, and to rob them of their only hope oi life itself, is certainly a refinement of villany rarely surpassed. This nefarious Lrafiec has been dragged to light. by the nieical jourials of the country, and let it be remembered to the credit of thee long session of this tlirtietl} Congrtess, hat a bill has been unanimously passed to pi'ohibit any fir'mheri trifling with life in tl.is way; tand for this, if it had passed no othber, it is justly entitled to the lasting gratitude of suffering hu-mannityg Sir, the Government itself is partly to blame for this excessive eagerness to accumuilate money whicnh pervades all classes of the people. Beneficent legislation might serve to cheek this unholy passion. An occasional laiv to foster learning and to protect life, and other pursuits of happiness besides those of acquirin o lands and gold, would save the citizen from the avaricious caree hlie nuas, in disregard of' every consideration not connected with gain. Often of late we have accounts of suicides, the result of the loss of property and pecuniary emballrassmlenit. Such things seem tobe peculiar to the a,:e in which we live, and they are the greatest blot upon its history. But are they to be wondered at aremon' a people whlose Government has declared by law that the personal liberty of the citizen;5s of less value than money, and that he shall be deprived of this liberty if he does not or cannot pay that which he owes? There;s somiethling radically defective in thle existing tone of society, and:t is no matter of surprise to me that philosophers and philanthropists should busy themselves witlh various schemes to remedy this defect; some of which, it mnulst be confessed, are worse than the evils themselves which it is sought to avoid. In the progress of civilization and refinement we are certainly making more haste than good speed, whlen we look only to their adaptation to the attainment of wealth, and throw out of the account in ouir calculations the value of hunan life. We have not in our country, that I know of, any system of gain quite so regardless of life as that which is peculiar to sonime of the mines of European.countries, where many of the laborers are born to a toil which is never cheered by the light of the sun. We look upon such a dis

Page  11 it position of man as criminal; but is it not almost as criminal in our Government to refuse to clear out those obstructions in our western rivers which are yearly the cause of so much destruction of life? Have we a Constitution which throws abundant safeogtards around the pursuit of wealth, and, holding out every inducemtent to the citizeln to engage in it, yet leaves himn at tlie threshold for want of a power to protect him -further? Siir I have nleittlic: so read or construed this revered instrument. i an neithicr wh'at is called a strict constiucionist nor a latitudinarian. Tn my views of the Constitition, that clause coiace ning the general weilfire, which is sneered at by some as nlme e verbibioe, has always seemed to carry with it a noble pracl.icatl mncanin Our fatheers were not cowumiinists, hut they were Ls'epaublicans and sought the greatest good o tlhe greatest number; a nd w hen this may be accomplished by curling' a canat or mraking a rad or harb1or or clea ring out rocks or snatgs, or remrovinlg anly h ildeln dange from tl e highways which our people frtequent, it ha s at wai s seemed to me to be t q nestion of policy, rather than ofconlstituftional Ji(gl-t, whether tlhe expendilure foi-such purpose should be incurred. Nor is there miuchl difficulity in determirting on this policy. If the nmasure propos ed be fo- a it-ed in humnanity' and goodo s n se tiss enoug i me to ce will inquire no fiurt-her. I ao not subscribe to the'na xizi aavocateco this mlorning' by the gerntlhcvtalln fro.m?Vissoufii, OXver the ay\-2t (Mr. GREEN,) that the world i o govetned too much. Such a (ocirinl may please a jealous, rlistrusful,1 and nig rd people on hta oe hanId) and lazy ruiers on the otherl; but where thIre exisis a enerous confiderne on the p-art of tole people, and wlisdo,m icndustrv and good iitentions on the part of those to whom they entrt-lst ttecir fIovernmental con.cerns, the'neleral iJucfare must alwyS 1be grlea tly enhanced. It is lnot to be denied that, with all our boaased national superiority, our people are characterized by a mrtlessness and thirst for gain, and adventurie whIlch seems tu n o no liir' s ta.nd adm-nit of no control. The Goveri-necit receives its inr1pess flom tihe people, and, however it may be lesi.lained by written codes of law, it cannot but reflect from time io time the prevailing spirit of the fage. If our people pursue gcain at t.hle risk of life, and leave cultivated farls ard the comtborts of society, to cross a wilderness and settle upon distant shores, wIrelae they atie in Aperil firom savages, it may not be a cause of wonder that the Governilent should fail to adopt means for the protection of that lire which the citizen seemns to hold in such light estimation. Bllt otLg ht this to be so? Olught nol the high and restraining example to come fioln tile Government? England, our great prototype and rival, is certainly in advance of us here. Not only does she insist on the right of her flag with tthe same jealousy -that we watch ours, but with her the life of a citizen is protected not merely with punctilious regard when menaced by foreign interf r

Page  12 12 ence, but she exiends hlis concern over him, in all his domestic' relations. Her railroads and steamboats are far better lnanaged than ours, because those immediately in charge are aware that the eye of the Government is always upon them. If accidents occur, involving the loss of life) which is rarely the case, a rigid seirtiny is at once instituted into the matter, so that the careless antd guilty cannot escape. But here, under like circumstances, it seldorm happens that any one is found to blawie even where neglect of duty has been palpably crim inal; on the contriy the guil.y party is screened by the mpess TwhIlch onblistlts some card or state)lnei't: seatinhc forth: in stereotype phliase, thlat "'o 1i blae attaches to tis e captail" or conm ductor, as the case may be. It may be urgedJ A ai a iware that our citizens are more "( a law unto theni-iselves'e than are those of othl eountries Itis is true,'but it furnis LLhes no excuse etlher foi thle press or tle Goveinlmernt to wink at iniquity.'Enlland piO tSets her coaSt,vito1 i fe-boats, and rewards with a liberal hand eiter citizn or str aer i- 1- elieves i liberal andii~S~P eretl i e ves Srom peril or preserves the life of a Buini sh subject; arni epecialiy is this the case vith regard to her seamen. e 7.;y di: palte With her the proult title of ": mistress of the seas," but in t-lterna! care of'the marinel Wve cannot but yield to her tie pal)-l. JiTaradly a year passes that he,._'inister at Waia.shin:sto is not cnhargedl wyr;l t- th1ea t hankg of hVis Governmeent, to'Aether wi'it a, gold mei!l' or o her token of gratitude, to somle one of our sea capti ns who has, been.the cappy instrut:lment of reliev.int.r_ tihe distress o er matriners.,ot longr since ~her entire kinl~orn resoundd i r t th e opraises of' a heroine w1ho withl no oth-er companio n th!an t ie' aged fctelr, braved ilhe peril of the tempestuous ocea-n by night to rescue fro-n in'lpeldirng death some unforttunate fellow creatturles whno had been wirecikedt on. her stormy shore. The famne of' Grace Darling crosselA the wvater anYd was echoed back fromn this side tohe Alantic, w).clic would seem to prove that somn-e of our ci0.izn~ at least know how to ajppreciate and adrmire s.clh efiforts in the clause of h[sina.itt, although thelir Govern~ nment does not find it to be a patt of their d(ty un1'der the Constitu7tlon tio reward them. Our searmen are entitled to fau mnore care from the Govertnment than tthey receive. Hospitals are provided for thenm whien 1helpless from agTe or exhausted by disoase: but tley are provided at the expense of the seamen thenm'selves,; and, as a matter of 1money caltcu lation, the balance is unrquestionably aeainst the Government, for the seaman is taxed twenty cents per month out of his scanty wages to pay for a privilege of whicth he rnay never have need to avail himself. I do not mention this in a spirit of complaint, for the sailor is proverbially prodigal and generous, and needs more than any other thie gulardian care of our Government; but in no case is this care gratuitously bestowed. And what class of our citizens deserves so,

Page  13 ?much awnd receives so littLe? To our navy we are in debted for a national consideration which has given us a free passport even where England herself has been compelled to pay tribute; and our heroes of Tripoli lose nothing by comparison with hers of the Nile. Before taking my seat there is one other point to which I would briefly allude. I have not made it a part of the system I propose, simply from want of sufficient firniliarity with the forms of legislation. We have awarded, at this session, sundry gold medals, together with the thanks of the nation, to some of our mneritorious officers engaged in the late war with 5Mexico. It is right, in my estimation, thus to distinguish merit. It encourages a noble emulation. I take it for granted that there is a constitutional warrant and authority for the trifling expenditure thus incurred. It is this method of conferring public honor which I desire to see enlarged and extended. There is no reason why it should be confined to merit in the soldier; acts of noble daring and duty are performed by non-combatant citizens as well as by volunteers and regular soldiers. But there is no en. lightened government that takes less cognizance of these things than our own. Even the Autocrat of Russia knows the value of bestowing favor abroad and at horne, when it may subserve the public interest, and if he someti-nes errs by giving rewards with more prodigality than judgmnent, the error is not so bad as our almost entire disregard of this imnportant feature in good government. England awards pensions and stars and ribands, and France, and indeed all nations with whose policy we are acquainted, follow her example to a greater or less degree. We alone are niggards in this respect. The nature of our institutions does not admit of pensioned function-.aries and privileged orders. The only society ever established among us which savored of iank —that of the Cincinnati-was almost abandoned at the outset, or rather so constituted that its embers are now almost smouldering beneath the ashes of its founders. Thisfis right in a government where we are all, theoretically at least, equal, and in this jealousy perhaps, may be found the reason why our: Government has dispensed its favors with so sparing a grace. But there is no longer reason to apprehend mischief from this source; we never shall establish any privileged order, and it is a rare case, indeed, where a pension is granted, except it be a pittance to a superannuated widow or a mutilated soldier, or, as in the case of Fulton, to the heirs of some universally-admitted great public benefactor. These things ought not so to be; they afford but poor encourageoment to such as peril their lives and waste their fortunes in the public service. Napoleon, that master-spirit of the century, knew the true way to the human heart, and how to attach it to himself and his adopted country. The splendor of his gleat deeds, dazzling as they were, never did half so much to endear hirm to the

Page  14 people over whom he ruled as tile establishment of that legion of honor whose only mark was a red riband, which, when displayed at the buttoa hole of the meanest citizen who had performed some great meritorious act, no matter in what sphere of duty, rmade him equal to the proudest in the land. With us the only reward which a good deed obtains, is an ephemeral paragraph from the press. Sometimes our citizens themselves take this matter in hand, but this affords but a partial approbation where a national one is due. As a case in point, there has recently been displayed in yonder library an elegant sword, presented by the citizens of Charleston to Col. Fremont. This gift was worthily bestowed onl a gentleman and a soldier, whose services to his country have given him a national fame~ I do not subscribe to the doctrine that thie Government should take care of' itself, and leave the people to take care of themselves. It is a doctrine which may suit a cold and selfish monarchy, but does not belong to a republic. The relations here between the people and the Government ought to be intimate and kindly. Ours should be a paternal Government-a Government to encouraoe science and art, to foster merit wherever it spring'S up; a Government which encourages great goodness in the individual citizen, as one means of advancing " the greatest good of the greatest number." Mly brief experience in public affalirs has taught me that it is danu gerous to lay dows any proposition in the hope that it will be received as a political truth; every thing, in thlese days of v'rogression, is referred directly to the Constiitution; and this inslrtriment2 approach it where you may, is guarded by hosts of' strict constructionists, whose weapons bristle at every point, like "1 quills upon the fietful porcupine." It is true that these sentinels of the faith agree more perfectly in dleciding what is nzot than what is constitutional and tlhat the conclusion to which they come upon atl great and little questions is more easily comprehended than the process of reasoning by which they arrive at it. Even so old a starer as my friend from Ohio, (Mr. SC.[ENCTE,) wvho sits behind tne, is utterly at a loss to understand the President's argument upon the river and harbor bill, and confesses that, without heaving the lead, and applying certain chemical tests to ascertain the depth and saltness of the water, he sees not how we can pass upon any appropriation for the improvement of the thoroughfares and highways of commerce. If he is at fault-not that I mean to class him among the received expouinders of our well-guarded charter-but if, with all his experience and acknowledged ability, even he cannot comprehend the niceties of modern political science, such a neophyte as I am may well fear to get beyond plum met depth in the attempt to advance any thing like a novel political proposition. But, with this danger staring me full in the face; with the knowledge that political truths are much scarcer than mathemlatical axioms;.that, iardeed, some things,

Page  15 15 which passed among our fathers as political truths of the loftiest character-such, for instance, as that " all men are created equal"have been flouted at by their wiser children'as the merest sophisms; with a knowledge of all this, sir, I am about to lay down a proposition which, if it be not self-evident, strikes me as being reasonable, and just aind proper, and therefore —shall I dare to say it?-constitutional. This is my proposition: It is the bounden duty of the G'overn7nent especially to protect.the lives qf such of its citizens as are engl aged in those perilous pursuits fJom wuhich are immediately derived the revenues of the counltry. This proposition, if not already established, would seem to have been tacitly received and acted upon in the erection of lighthouses and breakwaters, and in the anchoring of buoys to nmark the channels in our harbors. But I desire to see it not negatively but positively recognised and acted upon. As I have already saidl, the lighthouse is but a mrockery when it conveys a warning that comes too late, and marks a danger that cannot be averted. But give us some of those rockets-of which we had such a fine display, merely for amusement, on the memorable anniversary which has just passed-a few suf-boals, a small quantiy of rope5, and a few carronzades which never can be put to bettei use-give us these means, and my constituents will bless you, the raariner atnd the merchant a'nd the passenger will bless you, and IHe who orders all earthly events will smaile upon the efforts which, under yourt auspices, are hereafter made in tihe sacred cause of hum nan ity, AUGUST 9TE,. The Light House Bill fronm the Senate being under consideration before that H-ouse, Mr. NEWELL, of New Jersey, offered the following amendment~ "5 For providing SUTR-BOATS, ROCIKETS, CARRONADES, an1d OTHER NECESSARY APPARATUS for the better protection of life and property from shipwrecks on the coast of New Jersey, between Sandy Hook and Little Egg Harbor, ten thousand dollars; the same to be expended under the supervision of such officer of the Revenue Marine corps, as may be detached for this duty by the Secretary of the Treasury." Mr. NEWELL said: He would not now consumel the time of the Committee after the patient attention given to his remarks on Thursday last, any further than to say that the observatious which he had the honor then to submit, were made in anticipation and advocacy of the amendment he had just proposed, which he hoped. would be sustained by every member on the floor, who felt in the least degree interested in advancing the great cause of humanity. The question being then taken the amendment was unanimously, adopted.

Page  16

Page  1 OPINION OF RICHARl) S. COXE ON THE INEW MADRItD CLAIMS South oj'f rkacnsas River. Under the provisions oft4he act of Congress of February 17th, 1815, a party having rights as owning lands in the county of New Madrid, in the Wisconsin Territory, had this right located on the Hot Springs, in Arkansas, in the year 1819. In consequence of the peculiar state of the country, which prevented the public surveys from being made, it was impracticable for the parties interested to obtain for several years any patent certificate, and of course no patent was issued. These impediments having been removed, and the surveys perfected, the patent certificate, in regular form, was obtained, and application duly made to the Land office for a patent. At this time, in 1837-'8, the Commissioner of the General Land Office perceived no irregularity in any of the preliminary proceedings. The original right, under a New Madrid proprietor, was admitted; that the land upon which this right had been located was subject to such location, was recognised; the validity of the patent certificate was acknowledged. Indeed, under the then settled practice of the office, none of these points could be disputed. Many instances had occurred in which, under precisely the same circumstances, other parties had obtained patents, the validity of which has never been questioned, and the titles thus consummated have never been impugned. One single obstacle was alone interposed which prevented the emanation of the patent in this case, which was, that a pre-emption right had been exhibited to the same land by the heirs of John Percifull, who had filed a caveat against the claim now under consideration. This difficulty was, however, soon obviated. The parties interested in the pre-emption claim failed in substantiating it, and the Land office came to the conclusion that Mr. Rector's right was perfect, and promised that a patent should be made out for him. Unfortunately, however, during the delay thus occasioned, a conflict occurred between certain parties claiming under floats, as they were termed, and certain parties who had located New }Madrid certificates Jo & G. S. Gideon, Printers,

Page  2 upon the ground covered by the town of Little Rock. This controversy terminated in a decision, made by Commissioner Whitcomnb, that the New Madrid locations were irregular, upon the single ground that they had been made upon land to which, at the date of the act of 1815, the Indian title had not been extinguished. This decision was thus pronounced after numerous patents had issued upon similar titles, the validity of which the Government has never questioned. It was a decision in a single case, involving conflicting claims of different parties. It was made after an opinion had been definitively pronounced in favor of this particular claim, and a distinct assurance that a patent should issue. It was made after the Indian title had in fact been extinguished, and when the location was not made until, by such extinguishrnent, all possible danger of injury to the Indians, or conflict with any of their rights, had ceased. The decision was given under all; these circumstances, upon a construction of certain phraseology in the teCt of February, 1815, which, even if conceded to be correct, all will admit to be founded before the very apices juris, a strict and rigid construction of, to sagf the least, a very doubtful expression. The act of 1815 had authorized the New Madrid sufferers, who had sustained heavy losses firom an act of Providence, to mitigate these calamities by locating the same quantity of land which had been destroyed or essentially injured by an earthquake, "' on any of the public lands of the said territory, the sale of which is authorized by law." The land office had itself adopted the construction, that the lands on which the present party had located his rights were comprehended in this description. In several instances, as has been observed, they had acted upon this construction, and had confirmed the titles to such lands by issuing a patent. Now, however, after the lapse of years; after the party had incurred heavy expenses; after he had successfully encountered and overcome all individual competitors; after resting upon the established practice of the Department, to whose action he was to look for the rules by which he was to regulate his conduct and to perfect his rights, he is suddenly and unexpectedly arrested by a change in the opinion of the Commissioner; a change of opinion which is made to divest him of property to which he had a title always before regarded as perfect, and to reverse judgments of the office to which he had studied to conform. It was now held by the Commissioner that lands to which the Indian title had not been extinguished were not public lands of the United States, the sale of which is authorized by law. It was also held that the word "a is" in tile statute must be rigidly restricted to the very date of the act, and that it did not comprehend any lands which on the 17th day of February, 1815, might not have been sold, although subsequently to that date every impediment of this kind had been removed. It must,be conceded on all hands that such rigid constructions originated in a spirit wholly different from that which actuated the Congress, when, in 18152 it passed the act for the relief of the New Madrid suf

Page  3 ferers. Thle legislature hlad been animated by a noble and liberal spirit towards those whose property had been destroyed by an awful visitation of Providence. The officers of the land office appeared to be laboring in what ianner and to what extent they could narrow down and curtail this act of generosity. One objection which was raised against certain of these locations was, that they did not correspond with the lines of the public surveys, and on the ground that this would generate trouble and confusion, the officers of the land office cut this Gordian knot, and summarily rejected the whole class as essentially and incurably defective. Congress speedily interfered to rectify this palpable violation of law, and on the 26th of April, 1822, passed an act to remedy this evil, and confirmed all locations which, otherwise correct, were tainted with this imputed irregularity. Driven fromn this ground, these gentlemen sought for other rigid and technical objections, drawn from the phraseology of the act of 1815, to limit the benefits which it was designed to provide. Congress was equally alert to counteract this propensity, and on the 2d March, 18S27, passed an act which it was vainly thought would effectually preclude all farther difficulties, which was expressed in the most comprehensive terms, confirming the locations which had been made,;" any construction thereof, (that is, of the act of February, 1815,) to the contrary notwithstanding. The ability of Congress was, however, no match for the ingenuity of strict constructionists. All, or nearly all, of these locations had been finally disposed of at the department. That now under consideration, it is believed, was alone in controversy with the Government. Congress had provided that these locations should be valid, although made upon lands which had never been exposed to sale by the Executive, or which had not been surveyed, or which had been found to disregard the sectional lines of the public surveys. One objection still existed by which Mr. Rector was prevented firom obtaining his patent. The Indian title had not been extinguished on the 17th February, 1815, the day on which the act passed. It was urged in vain that there was nothing in the statute which prescribed such a term; that the Indian title had been extinguished before the land had been located; that the proper officers of the Government had recognised and approved of all the steps which had been taken, and granted a patent certificate. All was unavailing. The non.extinguishment of the Indian title at the precise date of the law, by a construction of the statute which had been positively interdicted by Congress, was still an insurmountable impediment. By the advice of counsel, and through the aid of friends in Congress, an act was procured to be passed, on the 1st March, 1843, the first section of which was designed and intended to operate especially, if not exclusively, upon this very location, and to obviate the only objection then known to exist in the mind of the Commissioner of the Land Office. The first section of this act, in the plainest and most peremp

Page  4 tory te'rms, declares that the locations theretofore made under the act of February, 1815, on the south side of the Arkansas river, if otherwise regular, shall be perfected illto grants,;' in like manner as if the Indian title to the lands on the south side of the river had been cornpletely extinguished at the time of the passage of the said act.." The gentleman through whose friendly aid this act had been passed, for the specific purpose of putting an end to this particular controversy, now called upon the Commissioner to obtain the patent \which had so long been promised, and which hlad been withheld on the single objection of tile non-extinguishment of the Indian title. To his no small astonishment he was informed that tile very statute which he had been laboring to have passed for the very purpose of perfecting this location, contained some provisions out of which new objections were to spring, which completely frustrated the object which he had designed to accomplish. The views now taken by the Commissioner will be found in his letter of March 1,1843, written on the very (lay the act received the approval of the President, and, consequently, without much time or opportunity for consideration. I beg not to be understood as designing any imputation upon Col. Blake, whom I have ever found an honorable gentleman; but certainly this opinion of his indicated very clearly either' foregone conclusions,' oran uncoimmonly rapid way of forming judgments utterly at variance with the views of those who had framed the statute upon which his opinion was founded. An examination of this hastily prepared opinion will fully corroborate these first impressions. Unless I have entirely misapprehended both the general policy and the specific language of this statute, Col. Blake has altogether misconceived both. The collateral evidence which exists in the office may indicate which is in error in point of fact, and the views here presented will furnish the means of deciding which is in error in point of law. The Commissioner, in the letter alluded to, intimates that there are two pre-enption claims which had been rejected by the Department on the salsme grounds upon which the invalidity of this New Madrid location had been disallowed. Now, the records of the land office will show that, independently of any such objection, these pre-emption claims never have been substantiated by that kind of evidence, or within the time prescribed by law, and that they are upon no ground whatever admissible; even if this claim were out of the way, or the particular objection as to the Indian title removed, between this claim of Mr. Rector and those no difficulty could exist. The principal ground however upon which the Commissioner relies, glows out of a provision contained in this act of 1843, which, it is believed, he has entirely misapprehended and misconstrued. The 2d section of that act provides,'that in all cases in which the locations so made on the south side of the Arkansas river may have been sold, and the lands thus located under the act aforesaid have been appropriated by the United States, the owner of the warrants, issued

Page  5 lldliter ile provisions of the, act. af'otesaid, (February, I815,) shall have a rightl, to enter, afler tile passa?;e of this act, th e like quantity of public lands, &c." In point of fact, this section awas introduced for a specific purpose. Two cases, at lezast, existed in vwhich a party entitled to a New Madrid location had been outsted of his rights by a sale made and patent issued 1by thle United States to a fair anrc bona fide purchaser. In such a case the Goverinent could not, with any show of justice, even if it possessed the poxver, do any act to divert a citizen who had fairly purchased and paid for a tract of land, and received a patent for it, of the property thus acquired. But, no such power existed. Had the proprietor of the New Madrid location prlocured a patent, his legal title would have been unavailing against a prior legal title, accompanied by an equal equity. It was for the purpose of providing a remedy for such cases that the 2d section of the act of March 1,1843, and the phraseology employed, is peculiarly adapted to suclh cases, and cannot, without a most forced and unnatural construction, be tortured to apply to the present case. In the first place, the cases intended to be provided for are described as those " in which the locations may have been sold, and the lands thus located been appropriated by the United States." It was necessary that a sale should have been actually made, and having been sold should have passed to the purchaser. This is the appropriation mentioned, and no other. Now, it cannot be pretended that the land in question had been thus sold and appropriated. The legal title existed in absolute perfection in the Government, subject to any disposition of it which it might please to make, saving only Mr. Rector's equity. Nor in any sense of the term. can it be even said that this land had been appropriated. The Commissioner has confounded two words, each having a precise, distinct, and well known signification, perfectly well settled and recognised throughout the entire system of the land laws. When any particular tract is wanted by the Government for any special purpose, as a fort, arsenal, light-house, or other public object, it is specially designated for that purpose, excepted out of the great mass of property intended to be sold, and receives the appellation of " a reservation. " The records of the land office, the proclamations of the Executive, the statutes, are full of such cases. When, on the other hand, the Government has made a sale or donation of lands to citizens, States, or public bodies,these cases are equally well known, and called'appropriations." It is not easy to conceive how the Conlmissioner could have confounded words of such widely different signification. One of the important distinctions always recognised between these terms deserves particular notice. When any portion of the public domnain has once been legally appropriated, the right of the Government as owner is determined. The title is vested in another, and no further authority to grant it can be exercised. When a portion of the same domain is reserved for Government uses, the power to dispose of it still exists in the most perfect and absolute manner. The object for which it was originally reserved may have ceased to exist, and repeated in

Page  6 6 stances hlave occurred in wlhich tile Utniled States has thus disposed of" property ornce required and reserved for somne important public purpose. Now, it necessarily results from this view of the subject, tllhat even had the Commissioner in March, 1843, not committed the solecism whichl has been pointed out, and if the terms employed in the 2d section of this act could, with any show of reason, be construed to mean a simple reservation frorm sale. then it will also be necessary for himl,to make his argument available to defeat Mr. Rector's claim. to show that Congress, in all its plenitude of pomwer, had no constitutional authority to dispose of land once reserved from public sale. The reservation to which the commissioner refers as annulling tlhe provisions of the 1st section of the act of March, 1843, will be found in the act of April 30th, 1832. Thle 1st section of this last mentioned act. using the appropriate phraseology, reserves for the future disposal of the United Stales the Salt Springs on the Washita river. The 2d section authorizes the governor of the Territory of Arkansas to lease them for a limited period. The 3d section, in like manner, reserves for the future disposal of the United States four sections, to be so located as to include the Hot Springs included within Rector's claim. The date of this act, it will be observed, is April, 1832. If the appropriations referred to in the act of March, 1843, can by any construction be interpreted to embrace such reservations as that made in the 3d section of the act of April, 1832, then clearly Congress has simply by the last act repealed the former. The power thus to repeal a statute, which confers no private right, will scarcely be questioned. Independently however of this ground, I assume another equally impregnable. If the location of the New Madrid certificate, under which Mr. Rector claims, was originally valid under the act of February, 1815, in regard to which I entertain no manner of doubt; or, if being originally defective, those defects have been cured by the subsequent acts which I have cited, it then necessarily follows, that as these later acts, all in the rmost positive and explicit terms, relate back to the date of the location which was made in 1Sl9,they clearly give to it validity from its very origin. Under these circumstances, Rector's title being a vested one, the United States, in 1832, had no rights to the land which could be reserved. Such is the positive decision of the Supreme Court in the case of the United States vs. Fitzgerald, 15 Peters, 407. In the opinion of the court (p. 420) it is said, "no reservation or appropriation of the land made after the right of the defendant accrued under the act of 19th June, 1834, could defeat that right." Such is unquestionably the law of the land, and must govern this case. The right, therefore, of Mr. Rector, under the act of 1815, is wholly unaffected by the reservation supposed to have been made in 1832. After the foregoing examination of the case, it seems almost unnecessary to say a word in regard to the decision of the Supreme Court cited by the Commissioner, 13 Peters, 513. In truth, the language of the court in that case, if correctly understood, is confirmatory of what

Page  7 -has already been urgedl in the preceding part of this paperl. "' Whensoever (says the court) a tract of land shall have been legally appropriated to any purposes, from that moment the land thus appropriated becomes severed friom the imass of public lands, and no subsequent law, or proclamation, or sale would be construed to embrace it or operate upon it, although no reservation were made of it." The absurdity of confounding such appropriations with reservations is here manifest. The simple question is, vwhen was the tract, now in controversy, thus severed from the mass of the public lands? It is believed that it has been demonstrated, in the preceding pages, that this was effectually done in 1819, whlen the New Madrid certificates was originally located. It will now be proper to conclude this already too extended argument, by shewing, from the highest authority, that the act of 1815 was of itself sufficient to give validity to this title, and that the subsequent statutes, down to 1843, to remove the various impediments interposed by the land officers, are only correct interpretations of the first statute. In the case of Stoddard vs. Chambers, 2 Howard, 2S4, the opinions of the Attorney General were cited and relied upon, but the Supreme Court said in substance, that if a New Madrid certificate were laid upon lands which at the date of the act were reserved, still, if at the time of the entry, or even at the date of the patent, the reservation was terminated cr suspended, the title of the party could not be contested. In the subsequent year, 1845, another case came before the Supreme Court, involving the construction of the act of February, 1815, in which it was held, in direct opposition to the opinions of the Attorney General and the views of the Land office, that a New Madrid certificate might lawfully be located upon the public lands before the same were offered at public sale by the President, and before they had been surveyed; and, under the act of 1822, whether or not they conformed to the lines of the public surveys; and, further, it reaffirms the view of the law and the construction given to it in Stoddard and Chambers, and asserts, that if the land upon which the New Madrid certificate was located was such public land as described in the act of 1815, at any time from the date of the act up to the issuing of the patent, the location was valid, (p. 53-'4.) Instead of treating the New Madrid parties in the manner in which the land officers and Attorney General seemed disposed to consider them, as the recipient of alms, doled out to them by strict measurement, the Supreme Court correctly apprehended the views of Congress, and regarded them as "preferred claimants." (See page 53.) I have thus, so far as I have the capacity to comprehend them, examined the title now held by Mr. Rector, and the objections which from time to time have been urged against its allowance and confirmation at the Land office. Unless I have entirely misapprehended the subject, I have demonstrated that on every principle of correct interpretation of law, of justice, and of authority, Mr. Rector has been the lawful owner of the land now claimed by him since the original location in 1819; that no valid or even plausible objection to the issuing

Page  8 fta patenlt exists; itud that (tie xwiilli(oldiilu it floii} ii11 to th is lttte daiy has 1been a pitAlpable and grievoles wvroiL, w iicil oult to be I) repalii'c t a speedily ns praclicable by novw ixrantihist t. E I(J (A"I) S. I CO.X i. *. 3J~ANUA.JtV;'' E'I' 184.(. RESOL'UTION Of TUE SENATE O1' TUiHE STAT.Il 01k.' ARi.KANSAS. Among other proceedings had in tihe Senate of the StlIte ol Arkansas on this dcay, were tlhe following: iMLr. Poindexter, from a select cominittee, nlad3e the following report: M1Rn PrEslD:ENT: r'Fhe select committiee on the subject of the Hot Springs report, that it has had tile same tinder consideration, and have learned that there are private claims, not as yet fully settled, relative to said Springs; and not wvishing in any mnanner to prejudice said claims by their action, therefore ask to be discharged from the further consideration of the subject. POINDEXTER, Chzairmlan. Which report was read, and, on motion of Mr. Williamson, adopted. I certify the above to be a true copy of the proceedings of the Senate on the 9th December, 1848, on the subject of the Hot Springs of Arkansas, and that they have, since that time, taken no further action on the subject. JOHN M. ROSS Secretary of the &enate. SENATE CHAMBER, Little Rock, Ark., Dec. 18th, 1848.

Page  1 DOFF:ICI1AL OPINION 7TUIlE EtON, REVERDY JO0HNS0N, ATTOANE/Y GENERAL U. S., TfHE QUESTION OF MILEAGE AT A SPECIAL SESSION OF THE SENATE. ATTORNEY GENERAL'S OFFICE, N'Vovember 27, 1849. ARM ~`he quaestions you have submitted for my opinion in the matter of the Accounts of Asbury Dickins, as disbursing agent of pay and mileage of the;senators of the United States, I have considered with the care due to their imQortancse They areFirst.. Whether by law tihe certificate of the p-esiding officer of the Senate is eotncl3rsive in support:of the charges for payments made by the Secretary; and, if not, SecondZ Whether., under the first section of the act of the f2d January, 1818, the Secretary is not entitled to credit for the payments of the mileage disallowed by the Comptroller. Sir~st. This inquiry involves the respective rights of Congress and of the'accounting officers of the treasury, It brings more or less into conflict the relative:potlers of the legislative and executive departments, and is, consequently, of much interest. That Congress should possess, and exclusively possess, in some form or other. the right to decide upon the compensation to be paid to Its own members, is apparent from the necessity of the power to the perfect independence of the body, The 6th section of the Ist article of the constit u4on therefore provides that "the senators and representatives shall,veceive a compensation for their services TO BE ASCERTAINED BY LAW, amnd aid,out of t;ie treas'ury of the United Statesma' The:absolute right to this compensation, when ascertained, and as ascertained, by law, it is not in the power of the President of the United States, and still less of any subordinate executive officer, to defeat or to interfere with. It becomes, then, as completely withdrawn from all such power as it would have been had it been given in terms by tEhe constitution it-self,

Page  2 The qulestion,. then, is, whlletler in this, case the compenst-ation paid to qsenator0fby the disbursing, agent is not' ascertained by law," and,- as such, is not to be paid out of the treasury. I am. clear n the opinion that it is. Wlat th'e c-onstitution requires is, that the law shall ascertain the iamnoumlt of the allo-wanc e,. It does not prescribe the manner in which this shall be dolse;- that is left to th1e' discretion of CGonogresso. Whether it is to be accomplisbled by givin(y a fixedt salary, or an allowance varying ~with the varying circurnstances of the n;embers. and what conditions, if any, slhould be attached to either mode, are all Ieft to( the legislative power. Anid it is also equally obvious that the nmanner of ascertaining the facts wh:ich the law may make nec'essary to the receipt of whaat it allows, is also to be regulated by thle same power. A provision of' the latter kind enters into the ascertainment of the amolunt to be paid, and constitates aCs much a part of the ascertainmelnt as any other provision the law maj contai r=I XWhen the compensationr to be received is not a fixed, sum to be- paid to eaclh member, whether lhe attendts or not, or whatever may be his conduct, or wlhere-ver may be his residence, but is in whole' or in part conditional upon. attendance,. residenice, or other circumstances, such sum is )not "4scerfained' /y low "' untij, these conditional circumstances are also under the law'"ascertained." The' two thillgs -nust unite beifore the compensalion is 6' ascertained''.e irn' a seinator in such a case does not of itself give title to the compensatnion r Thait may be, and yet nlothing be due him under the law. He may not have attende(d tihe session at all, and( be without legal excuse, for non-attendantce, or'hl may only partially have attended, and be without snch excuse for ftll atteid ance,..In the first case he receives no compensation, and in the latter not a ftill onel. Howv, then, is the amounnt to be decided? Is it not in t he mode which the law itself points out? Is there any amount fixed until that is done? And is not tihe amount, when so fixed, and only when so fixed, the compensati-on, "ascertained by law," which the senator is entitled to receive? This seemns to me to, be perfectly evidenlt. The question, then, in the case before me, is, how and wnenl, by the Ilat, is the compensatilon to which a Lsenator is under it entitled, and to have p)aid (~out of the treasury. ascertained? This depends altogether upon the act of the 22(i of' January, 1818, (3 Statutes at Large, 404,) there being no other law regard-. ing it in force. The provisions of that act, as far as they relate to this qulestion, are these< The first section says,'That, at every session of Conigress, and every meetino, of the Senate in the recess of Congress, after the third day of Ma/[rch, in tiht year one thousand eight hundred aiind seventeen, each senator shall he entitled to receive eigoht dollars for every day lie has attended, or shall attend the Senate, and shall al.o be allowed eioht dollars for every twenty miles of estimated distance by the most usual road firom his place of residence to tile seat of Cong'ess, at the commencenment and end of every such session and meeting. And it case ainy member of tlhe Senate has been, is, or shall be detained by sickness ont his journey to or froin such sessioin or meeting. or. after his arrival has been. is, or~ shall bte unable to attend the Senate, lie shalll be entitled to the same daily nalowaince; and the President of the Senatepero lempo'e, when the Vice Presi(lent fias teen or shall be absent, or when his oflice shlalf he vacant, shall, (dul.rin'thfe period of his services, receive, in addition to his compensation as a memriher of the S0enate, eimolit dollars for every day lie has attended or shall attend tli:h, Senate." The thiirld section provitles, "That the said compensation wlhich shall le dule to the members of the Senate shall he certified by thie President thereotf adai shall be passed as public accounts, and paid out of the publ'ic treasury."' I have recited every part of the act which bears at all on the question I am@n considelrir. It xwill be seen that the compensation of senators is not a fixed

Page  3 and define.d srm; payable at all events. As far as the per diem allowance is concernedl, it is imade to depend upon attendance in the bodly or sickness, un.. der such circurnstances as the law says excuse a failure to attend. In the event of such sicklness during the sessiol% the daily allowance is to be paid without eregard to sierice; and twhen it occurs inr a journey to or from the session or meeting er dorirg tl}at period, and continues beyond it, it is also to be paid, without frefBreace to the coIttinualnce oft thle session. The compensation, then, in the case of eacl senaoner, is not by tile law itself ascertained, in the sense of the CCeiistitutio-l. Facts are to be made to appear before thlat is effected. The law, by its ownt terlins erely., ascertains nothing which gives a senator a claim to any certain compensation for his services, to be paid out of the treasury. The iinquiry., ttent, is.,,how, under thle law, is the compensation to be ascertainede? Is it to be hy the Secretary of tile Treasury, or by any of the subordinate ofFcevs of the depairtmetitt? Was it tle design of the constitution, or can it }I've heeie the ptrpo)se ol' the l;aw, to leave a tnatter so vital to the independence of Consrtests to be decided il that todle? —to have tlhese officers sit in judneienet ul)ot a qutestion which for obvio)us lreasons, should rinot be sublnitted even to te hirghest executive decisioni? It was not; and, inr my opinion, it clearly was not. The colnpenrsation is to be ascertained in the manner which the act directs, nrid inL no otlher nmode-the one prescribed by the 3d section. That section is in tlhese words:' That the said cormpensation wJ/ich s/ail be due fo tl/e mnembers off the Senate SHiALL BE CEERTIFIED BY THE PRESIDENT THEREOF, and tihat which SHALL BE DUE TO THE REPRESENTATIVES AND DELEGATES SH'ALL BE CER.TIFIEL BY THE S.PE IcER; and the SAME SHALt. be lpassel uspublc accoents, and 7,aid out of t/e ptb~lic treasulry." The President in the one case and the Speaker in the other are alone made the judges by the law of* the aniount of compl3ensation due a senator, representative, or tdelegrate, It is mad(e tlheir duty,;a.td theirs alone, to certify that amournt. This duty necessarily involves the ii )ht to examine aiid decide upon the law ind the fact tlpr l which tile claimn dep:I-ndll; andil as the duty is exclusive, the rigrht of siech examination and decision tmust also be exclusive. The facts, tIhe, in the case of senators —of being senator'; attendance in the body; the excusie of sickllesis; place of residnence' estimalted distance from it to the. place of ineeting; ati( thlat thle'e wais a sessionl or nieeting of the Senate, aiil of which enlter intto the consideration of tlie comnpensation-are submitted to th'e excliasve jyri(lictlon of the p residing ofli(er of the body. His duty to certify vouldl, ill myn judgLrent. of itself, if the act contained no other provision: affeetilia trhe quesi io lli, ke thte power all exclusive onle, and the result final. But it (oes itot rest upont that alone. The santle section of the act. declares that whee thle certifica te is hai1, "' the armount dtae (as certified) S HALL BE PASSED as Iublite ac(cotults. AND PAID Out otf the public treasury." Is any discretion here vested iti the accountingt officers? What are they to pass? What are they to pay? Ts it not. tile amoult certified to be due? The law says so in words. That amouint. it dleclares, shall be passed;" tlhat amnount "' shall be paid," and no other. Has it ever been pretended that the compensation cain be passed or paid at, the treastlry withoutt tlhe certificate of the presiditig officer Hiow, are the officers of thle treasury without the certilicate to iascertaill the amount? The law providingo the cotlpenlsationl in none of the various acts w.ihich, from the be-. ginnin l of the oovernmelnt, have beeni passed ul)on the subect, vests them with - a power to ascertain it. They are oily to allo(w what tie. law. declares to be due; and w;hat it declares to be due is wihat thle presi.ingiofficer shall.certify to be due. That, and that alone, is to be passed andipalid.. The ComlItroller is of opinioin that the certificate i, only prinm.fcie.,evaidenrce of tIe ao!,ulit,. WVhere does lie get this doctril: Certainly, the act whl-ich,

Page  4 directs the certificate does not so limit it. On the contrary, it declares that tho amount certified shall be passed and paid at the treasury. The language is not that it may be passed and paid, but it is imperative that it "SHALL be passed," and "BE PAID." Is it to be found in the words "'shall be passed as public accounts'?" In my opinion, clearly not. The reference to "public accounts" has no bearing at all upon the effect of the certificate. All accounts at the treasury are to be passed in a defilled mode, retgulated by law. They are to be acted upon by certain designated officers. The provision is intended in a measure as a check upon the officers themselves. An Auditor is first to audit the claim; the Comptroller is then to examine it, and to certify what is due and, after other proceedings, the Secretary issues a warrant for the amountd Now, whether, in the discharge of these separate finctions, the Auditor, Comptroller, or Secretary acts in the particular case judicially, depends upon the character of the claim. If it is for a certain sum given by act of Congress to the claimant, nothing but the existence of the act and the identity of the clainmant is to be inquired into. Over the amount due, the officers have no jurisdic, tion. So in relation to awards under treaty conventions, and the salaries of the several officers of the government. The amounts to be passed and pai(l in these instances are not open to dispute; and yet they are all to be passed as "public accounts." But this is because, as before stated, the organization of the treasury requires it, in order to protect itself from the possible misconduct of the accounting officers. A different doctrine would lead to the most absurd results. An act of Congress, an award under a convention, an appointment to office, may not be free from objection. The two former may possibly be void, because they may have been obtained through mistake or fraud, or may be un-,constitutional; and the latter may be null, because of ineligibility to hold the office. What would be said of an accounting officer, called upon to pass or pay what was due under the act or award in the two first cases, or the salary in the latter, if he maintained that in each instance the proof was but prirma facie evidence of the amount claiined, and that he had a right, and that it was his duty, to look behind and beyond it; that the claim was to be passed as "'public accounts," and then only to be paid at the treasury; and that, it being his particular duty to "examine all act:ounts settled by the Auditor, and certify the balances arising thereon to the Recister," he was clothed with the power, and that it was his duty to exercise unlimited judicial jurisdiction over the whole subject, and call in question the validity of the act, the award, or the appointment? All! would admit that such a pretence would be simply ridiculous; and yet in these instances the amount due must be passed and paid "as public accounts." That circumstance, then, common to every possible claim upon the treasury, does not over all claims vest in the Comptroller or other accounting officers judicial power. There are some demands fixed and ascertained by law, and over these his duty is altogether and necessarily ministerial and executive. To clothe a subordinate or any officer with a power to reject a claim fixed or ascertained by law, or fixed or ascertained under an authority given by law, would be absurd. It would be to make the law inconsistent with itself. Butt see the operation of the doctrine in the particular case. If it has any foundation, it applies with equal force to each portion of the compensation certified by the President to be due a senator-the per diem allowance as well as mileage-and to all questions of law and fact involved in it. It also necessarily includes the right to disregard the certificate of the presiding officer altogether, and to examine into the claim as an open one. Each senator, then, before he can receive his compensation, is to go before the Comptroller or other accounting officer, and establish his title in such mode and by such evidence as such officer may demand. The law says he is to be " paid out of the public treasury" the compensation certsfied to be due him by the Pres

Page  5 5 iden of the Senate. The Comptroller's doctrine is, that that amount, the law notwithstanding, is not to be paid until he also certifies it to be due, and that, as his certificate is to be given only after his examination, he has a right, and it is his obligation, to diminish or altogether to reject it, as he may think, from all the evidence before hinm, is right. Such al assumption evidently renders the only certificate which the law requires a nullity. Whether the senator receives the compensation stated by that to be due hint will depend upon the opinion of the Comptroller for the time being —as he may be strict or otherwise-as he may in his own judgment be better competent to decide the questions involved than the President of the Senate. As he may have more leisure or unimpaired strength, from his days and nights having been refreshed by rest or sleep, will lie be found repudiating the certificate of the President, and deciding the case for himself. And if so, what is the extent of his jurisdiction? Is it a right merely to diminish the amount certified by the President, or to reject it altogether? Or is it not also a right to certify a larger amount to be due? If it exist at, all, it must be coextensive with the entire claim, and with the entire original jurisdiction of the President of the body. It would be unjust and absurd in the extreme to hold the certificate of the President conclusive against the senator, and only primia fuacie evidence against the government. If' final at all, it must be final absolutely against both parties-senators and government. The doctrine of the Comptroller, then, gives him power over the whole subject, as it certainly does if. it gives power over any part of it. What is the result of this? Each senator has a right to appeal front -the decision of tle President of the Senate to the Comptroller, when that decision gives him nothing, or gives a smaller sum than he thinks he should receive, and to demand of that oflicer to examine into the whole case, and to pass thile amount wliich he may tnake appear to that officer that he is entitled( to. In that event, the compensa.-:ion paid him out of tile treasury is not the compensation dute him under the law, but a different one. The law says what he is to be laid is what shall be ceritfired by the Pi esident f the Senate to be dcle him. It is that suImI, and only lthat sulm, which is to be passed and paid. Without that certificate, looking to the law only, nothing can be passed or paild; and when one is given, it is only the sum certified which can be passed or l)ai(l. The doctrine of the Comptroller renders the entire provisions of tile third section of the act nugatory — tirtually it repeals it; folr whetlher a selnator is to receive, without a certificate, and against the decision of the President, compensation, or a gzreater or less sum than tlhe certificate may state to be due, at last depenids on the contingency of the Colnptroller's judgment cotncurrillg with tile judgment. of the President. The onlly point, then, that call arise in each case is, is the amount claimned ascertalined by or under the law? If it is, it is and should be beyond the control of the accounltino officers. It is no answer to this view of the question, that it leaves nothing to the Comptroller to decide, when it is tmade his duty by the 3d section of the act of Septenmber 2, 1789, (1 Stat. at Large, 66,) "to examine all accounts settled by the Auditor, aind certify tile balances arisinc' thereon to the Reoister," or that it leaves nlothing to tile Auditor to decide, wvhen it is made his duty, by the 5th section of' the sanle act, " to receive all pl)blic accounts. and after examinnatiotn to certify the balance:" for, altlhonloh this is certainly true, it avails nothing int the argument; the question still reverts, what, in the case of any particular account, is either the Compltroller or Auditor to examine into and to decide? Is he, whatever inay be tile character of the account and its vouchers, at liberty to question every item, and comnpel the claimant to establish it by such proof as he may demand? Wlhen, for example, the voucher is a judlmnelit or an award mlade under a treaty convention, or all act passed in pursuance of a convention or a law,granting it, or a proceeding prescribed by a la"w for ascer

Page  6 taiinin it, and other instances of like character,. this power anrd duty of exam'ination is limited to the mere authentication of the voucher. The oflicer bhas no authority to look beyond that, and queslion the claim in its origin. He cannot go behind the judgment, the awards, the law, or the proceedilg, ald call uporn the claimant to establish his claim indepenldetly. The power and d uty, ttlhrefref. ol these officers, like all other pomwers and duties, Eare to be exercised in subordination to the law. What the law imakes final is final again, st them as aainst others; and their powers, whatever they may be, are to be exerted su\l)Ject to that control. The Comrnptroller and Auditor are still to exarmirne andl certity the account, alnd certify the balanrce; t)ut he is to do it legally. W hat t}he law declares is not to be questio)ned, he is not to qunestiorl but to admit a. i( act up)0on That C)nrress Inay so restrict his powers nlo, one will deny, antid that railnry cases exist in which they should be so restricted is equallyi manifes-t. I canii conceive none stronger than is presented by the case before ne. The independ-. ence of Congress demands that the conrllensation which its mernmbers are to receive shall depend upon itself, and in no measure be contingent upon the varying judgments or possible capricious whims of executive offcersF Absolute and entire separation, as far as is practicabtle, of the powers of the legislative and executive departments in a government like ours, is called for by the clearest principles of public policy, and is especially necessary in a matter so important as compensation for legrislative service. That that should be submitted in any extent to executive discretion and consequent control, is at war with first principles, and against the obvious design of the constitution. They alike require that in this the legislature shall be its own judge, and that the fiunctions of the executive, if invoked at all, shall be invoked only ministerially. Nor can it be objected that mischief may result from this doctrine to the treasury. Even if this was true in any other sense than it is true tihat all power may be abused, it proves nothing, if the law makes the certificate conclusive, except that the law should be changed. It is not to be obviated by an executive remedy. But it is not true that mischief is more likely to result fiomn such a certificate than from a certificate of the Comptroller or Auditor-nor is it as true. The President and Speaker have better rmeans of ascertaining the facts, and ale unider the same injunction to examine and decide properly. Nor is such a power in their hands more lilkely, if as likely, to be abused. The President of the Senate, elected by the people, or chosen by the body from its mnembers, is at least to be esteemed as incapable of official abuse as a subordinate officer of the treasury. The Speaker stands upon the same elevated level. It is a libel upon either of these high officers to suppose him capable of abuse at all. It is, if possible, a yet greater libel to suppose him more capable of abuse than an Auditor or Comptroller; and yet it seems to be supposed that the treasury is -afe when the latter examine and certify a claim, and only in danger when the'like duty, imposed in the same words, and including the same official responsibility, is performed by the former. So, far I have considered the question as a new one, unaffected by usage or other authority. I propose now to examine it with the light which these may give. In the first place, as far as I am informed, the present is the single instance in which the certificate of the presiding officer has been totally disregarded. Errors of calculation in the summing up of the itemns of the account making the balance certified have beeni perhaps corrected; and to that extent I have no doubt the correction may be made. But this affirms instead of repudiating the certificate. The meaning of the certificate is, that the items of the account, where they are given, are correct. If by mnistakes ini computation these are made to produce a larger sum than they do produce, the correct sumn is only to be allowed; for it is that sum which the certificate, properly understood, finds

Page  7 to be due. Suchl errors, committed by Comptroller or Autdi.tor, are for the,sarne reason liable to correction. But this tloes not in the sliihtest d(egree impair the general conclusive efficacy of' his certificate. In the seconl p)lace, tlhere is nlothing to satisfy nme t!tn anly other errors than ofthis kirld have ever been correctedl. Air. Divall, tthel First Comptroller, in his letter of the 6tl Juine, 1805, to Joseph WVilson, rnmoish:hil of Collnecticut,,iite(l by the p)reseit Corml)troller, specifies no cases of a dif'erent character, and certainly none il lwhich tile ce-rtific,:te as to the itemns was whiolly rejected, or, the authority to reject the question beirng raised, intainle(l by a final decision iof the departilent. At the most, tle:u-sacg.e, wvhatever it was, assuming EMr. DUva-ll's recollectiona to be acclurate, does not apcpear to hlha?-e been kl'own to or sanctioned by Cougress, or to have been judicially recognised aatld, wvithout either, as authority it is entitled to little weight. In the third place, the fact, apon the eviidence before'nme, seems to me to ha-ve been othlerwise. In atnswer to a request that he would inform me as to the usage, the Secretary of the Senate., in a written reply, says: "As fair as evidence of the practice ca'n be foiund in the abstracts of compensation of members of the Senate, copies of which are preserved in the office of the Secretatyfrom tVle or4annizing of thie government, it does not appear TrA&T THE CERT'IFICATE OF THE'PRESIDENT HA'S EVER BEEN OVERRULED. The personal experience of the Secretary enables him to say that no such instanice has happened within the last twelve years, and the recollection of others in his office, extending much further back, is to the same effect.'" Resting, then, merely upon usage, the conclusiveness of the certificate should, I think, be considered as practically established. But it has much more'commanding support. An extra nieeting of the Senate was held on the 4th of March, i841, and a senator firom M:aine had a special:allowance made hiim by the presiding officer for full mileage. lIe had been a member of the House during the immediate preceding session of Congress, which terminated on the 3d of the month, and as such had received pay to that lay inclusive, and also mileage for com:ing to and returning fionm that sessiono Two questions were submnitted to Mr. Legare, the then Attorney General: 1. Whether, under the facts and circumstances in the case, the meniber was entitled to t'he mileage cIaimed? 2. The account being certified by the President of the Senate-the officer appoirnted by law for that purpose-whether the accounting oficers HAD A RIGHT TO LOOK BEHIND THE CERTIFICATE, except in case of palpable error or mistake ~apparent on the face of the account? Upon the second inquiry, Mr. Legare's answer was: "I am of opinion that the accounts, under the circumstances, MUST be allowed;" and after referring to the 6th section of the act of 22d September, 1789, as having furnished the standing rule afterwards for the authentication and payment of' such accounts, added: " Under this section the certificate of the President is a sufficient wvarrant for payment in the case submitted to me. If a vote of the Senate had been formally taken upon it, it would have been CONCLUsIVE OF THE MATTER, as between that body and the accounting officers in the executive department. But t'he act of 1815 gives the SAME EFFECT to the certificate of tlze President, which is the presumed act of the Senatepro hec vice." The Comptroller is under the Irnpressiorn that all that Mr. Legare designed to say was, that the certificate was primafacie evidence of the account. This is a clear misapprehension: First, because he omitted answering the first question, upon the ground that his answer to the second "superseded the necessity of' expressing an opinion upon the first," which li he could not have said except because that answer denied the Tight of the accounting officers "to look behind the certificate." It was that Trlght, and that only, which the second question involved. Secondly, because hris reply was that the accounts MUST E, B not elay be allowed.. And, thirdly,

Page  8 because he said that the certificate of the President was of the same effect with, a formal vote of the Senate, and that that "'wou.ld have been CONCLUSIVE of the, matter." It was, too, in this light received and acted upon by the Secretary of theTreasury, Mr. Forward, and the accounting officers, and the amount passed and! paid. The question, then, as far as this office and. the treasury are concerned, is not open to controversy. It has been adjudicated. by the proper law officer of the government. That adjudication has received the sanction of the head and proper subordinates of the Treasury Department. Like accounts since have, without question, and upon the authority of that decision, been passed and paid, and under the administration of other executive officers of that department. In this condition of things, even admitting the doctrine to have been originally a doubtful one, as fully as I believe it to have been clear, I am decidedly of opinion that no accounting officer has a right now to question it. That such questions in the department should, in some mode or other, be: settled, all must admit; and that, when, settled, they should not be unsettled by succeeding accounting officers, is equally obviouso The safety of creditors and debtors of the go-vernnent requires this. The interest of the governnent itself demands it. To have the rights and duties of either to.ary with, the changing views of executive officers is to leave them, in. a great meastre, unprotected and in doubt. This principle has been so, often maintained by my predecessors, so constantly acted upon in: the treasury, and' so frequently sanctioned by the judiciary, that it has become an axiom in the administration of the government. The gross injustice of a d'ffetent doctrine, is strikingly illustrated in the present instance. In s1841 the certificate was, held by the Attorney General to be conclusive, and was so admitted at the' treasury. In 1843, upon a similar certificate, a claim of the sanme kind was, allowed; and again in 1845. Neither Secretary, Comptroller, Auditor, nor allny other officer of the governtrlent, called it into doubt~ It was received and proceeded upon by the department as the settled law. The Secretary of the Senate is not advised that a change hTas come ovrer the' minds of the accounting officers; on the contrary, in good faith, lhe acts upoln, the assumption-Congress not ]having legislated-that the law remained unaltered, and that his rights and duties were embraced and proteced by it. In this belief he pays $42,003 20 as agent of the treasury, and then, for the first time,. is told that the payment was without authority, and that he must sta'id personally charged with the amount. Can it Se doubted that this is a flagrant wrong to the agent, which no just law can ever be supposed to contemplate or permit?: And yet it necessarily follows from the principle which allows accountinlg offi — cers to disregard the well-considered and settled practice of' the department. Finally, upon the first question, the weight of judical authority maiLitains the opinion that the certificate is conclusive. The fourth section of the act of Sth of IMay, 1792, (1 Statutes at Large,. 277,/ has this provision in relation to the marshal's accounts ". The same having beern examined, and certified by the court or one of the judges of it in which the service shall have been rendered, shall be passed in the uslual manner at, and th,: amount thereof paid out of, the treasury of the United States to the marshal,' &c. Without stopping to inquire whether there is any substantial difference between this and the corresponding provision in the act of'818, wha;t is the judicial opinion of its e fect? The Comptroller refers to a case decided by Mi'r Justice Wocdbnly, reported in 1st Woodbury and Minot, 184; and I admit that the judgce there held the certificate to be primafacie, and not conclusive. But it will be seen that, as far as can be ascertained, he stands in this opirion alone

Page  9 9. among his brethren. First, the district judge in Wilcox's case, in 1808, men~ tioned in the letter of Mr. Duvall, held it conclusive. Secondly, the late Mr. Justice Story, in a letter of the 5th of November, 1837, to the then marshal of the Massachusetts district, (see Reports of Commnittees, H. R., No. 33'2, 2d session 30th Congress, p. 8) says: I have always considered the true construction of the act of Congress of the Sth of May, 1792, (chap. 36, s. 4,) to be that the certificate of the judge, upon the examination of' the marshal's accounts, was conclusive, and that the items of the charges are not re-examinable in any manner whatever by the officers of the Treasury Department. I adopted this opinion upon full deliberation many years ago. Some years since the same question was brought before the judges of the Supreme Court -cf the United States for their consideration, upon the instance of' some one of the judges. It was then fully considered by all of us; and it was the unequivocal opinion of the judges (and my impression is that there was an entire unanimity of opinion) that the certificate of' the judge, upon the accounts of the marshal, was conclusive, and could not be re-examined at the Treasury Deparlment, but must be passed as of course. I have never at any time heard a doubt expressed by any judge that this was the true and only legitimate construction of the statute, and I hlave no objection to its being comlllnunicaled to the Treasury Department." Beingt informed since the question was submitted to me, that at a subsequent period to that referred to by Juge Story, and since the appointment of Mr. Chief Justice Taney, the point was again broutht to the attention of the judges of the Supreme Court, I wrote the Chief Justice upon the subject, an(l enclosed Judge Story's letter. The following is his reply: 16 BALTIMORE, e'lovember 17, 1849. "' SiR. I have received ylor letter, tog ther v ith the copy of one from the late Mr. Justice Story to Mr. Sibley, dated November 5, 1837, concerning the construction of the act of 170T:, (chapter 36fi, s. 4 ) and( proc- ed to ariswer your inquil y. " I was not otn the Lerbch when the opiion reterred to by Judge Story was expressed by the judges. Y(,u will observe that he st tes it to have been givel sonse years before the date of ihis letter, and I did not receive my appointment until March, 183f. " But I remain-ber very well thlat Judge S:ory stated to the courl (I think at the term next fo!lowing. the date of tiis letter) that lihere had been somre difficulry i, lhe (jothes at Wahilngton ini t}he settlemelt of Mr. Siwley's acounrts, and that he had weitten to Mr. Sibley a letter, givirg his opinionr that under the act of Corlgress the cortificate of the jidie lotn lhe acconunts of tl:e marshal was conclusive, and that thlls had been the opinion of all of the jude(-s of the Supreme Court upon a forlmer occasion, wheti the sulljec had been brouoht befre them. And as several chan~ges had recentily takn pl,]ce in tie bt nch he itl.nqiited of as wchether wve celciarred ilt th~s e}pinios or held a diff rent one. I certrlaily colezmr ed. 4rnl a'?o itip iessinm is tlial thf re',riS 1i0t d'ei eeCce of op'i.ltioe amloong us; so thtt e azt bhmsized.Jud- e Story to coMnllticate otlr opinill to.lMr.'ibley.'( With great resiect, I am, sir, your obedient servant, " R. B. TAN EY. "' Hln PEvFRDY JoH\'a)N, ".ttoraity Generatl United Stafes, Watshir, eton."' -With every possible respect for the juldgment of Mr. Justice Woodlaury, I am sure I am upon thlis evidence julstified in saying that the weight of the judlicill authority is in conflict w\ith his (,pinion, and maintains the propositior I have eiseavored to nlake goodl. My altswer, then, to your first inqeuiry is, that, construint tlle act of the 2'2d of January, 1818, either by itself or Nwith the aid of' usage or o' other autllorlity, ~' the certificate of' the presiditig officer of the Senate is conclusive evideince in supolrt of' the charges fir paynaents made by the Secretary of' the Senlate.'" Second. If' the certificate of the presiding officer is itot conclusive, is the Secretary of the Senate, unider the 1st section of the act of the 22d of January, 1.18, enttitled to credit for the payments of mileage disallowed bhy the Corriptroller? The question of law here involved is, whether senators to the c2d ses

Page  10 10 aion Of the Thirtieth Congress, which terminated on the 3d of March, 1849, are entitled to mileage for attenditng the special session, which cornlnenced on tihe 5th and terminated on. the 23d of that Illontlh? This depends on the true construction of the act, heretofore referred to, of the 22:1 of'Januanry, 1818-the only law ina force relatilnli to the q(uestion. And p: propose to consider, first, its first sectionr by itself, independent of its provisions; second, in connexion with its provisions; and third, upon the authority ol lergislative or other constructions. First, f)r the purpose of this inquiry, it is unnecessary to look into the antecedent lal s. These will be examined under the third. head. Whether they Were dfferenit or identical witl the act of' 818 can be of no importance in all exanintioi coufired to to that act. What, then, as regards the question, is the meaning of the 1st section of the act, independent of its provisiols? Its provision, as far as is material to the present purpose, is this: "That at EVERY session of Congress, and EVERY MIEETING of the Senate in the recess of Congress, after the 3d1 of March, 1817, each senator shall be entitled to receive eight dollars for every day he has already attended or shall attend the Senate, and shall also be allowed eight dollars for every twenty miles of estimated distance by the most usual route from his place of residence to the seat of Congress, at the commencement and end of every suc4 session and meeting, and that all sums for travel already performed to be due and payable at the commencement of this act; and in case any mnember of the Senate has been, is, or shall be detained by sickness on his journey to or from such session or meeting, or, after his arrival, has been, is, or shall be unable to attend the Senate, he shall be entitled to the same daily allowance." First. It is obvious that the same daily allowance here given to each senator for his attendance at every session of Congress, regular or special, is also given or his attendance at every meeting of the Senate in the recess of Congress, and this wholly irrespective of the termination of the congressional session and the commencement of the special meeting. It is the session and the attendance which give it in the one case-the meeting and the attendance in the other. Second. No distinction is made between senators. either with regard to mileage or daily allowance. The language is, that at every session and every meeting' EACH SENATOR shall be entitled to eight dollars per day, and SHALL ALSO be allowed eight dollars for every twenty miles of estimated distance, &c. All are here clearly placed upon the same footing. A construction which discriminates between them in regard either to pay or mileage, or makes the right to either depend upon the time of the commencement of the session, or the meeting, or upon anything occurring antecedent to such session or meeti.g, finds no warrant in the act. It can only be sustained by interpolation. Read the act as it is, and such a construction is impossible. It is but by invoking what is supposed to have been its design, but by assuming the place of Congress, and deciding for oneself what compensation should be allowed, and under what circumstances, that we can find authority for such an interpolation. Third. It is manifest that if actual travel is required to give the mileage at a special meeting, it is equally required at a regular session. The allowance is givenr in the first case in the same terms as in the last. It is eight dollars "for every twenty miles of estimated distance from his place of residence to the seat of Congress, at the commencement and end of every such session and meeting." The provision is capable of but one meaning. If the title to mileage under it, at the commencement of the meeting, in the case of a special meeting, rests upon the senator's actually and purposely travelling the estimated distance to attend the meeting, then title to the like mileage in the instance of a regular session rests upon the same condition.

Page  11 11 Fourth. The same remark is equally true of the mileage at the end of a meeting anld at the end of a regular session. Actual travel, if necessary at all, is necessary ill both cases alike. It seemns to the impossible to derny the truth of these propositions; and if thev are trlue, are thley not conclusive of the question? The first is conjceded by the Comptroller. He gives to each senator the sane (daily allowanice or pay for his attendance at the special session of the 5th of March that he gives to each for his attendanlce at the regular session. The sellators ho!(lihg over after the 3d of March, as well as those who, for the first time, attendlel the Senate at the special session on the 5th, have been paid without objection, and properly, the satme daily allowance, because it is given in the same terms to all alike. Andt yet, as has been seen, the allowance for milealge, given to some and refilsed to others by the Comptroller, is also given alike, and in the same comprehensive terms, to all. The provision is that each senator, not a particular class, is to receive eight dollars for his attendance at every session, and at every meeting of the body in the recess of Congress-not at any particular session or meetinlg; and that he shall also be allowed eight dollars for every twenty miles of estimated distance from his place of residence to the seat of Congress, at the commencement and end of every such session and meeting. The latter allowance being provided for each in language identical with the allowance for pay, it must, as is admitted in the case of pay, be paid to each. The Comptroller's construction,g therefore, conflicts with the plain and only meaning of the words used. Again: The act says nothing of actual travel in regard to the allowance at any session or meeting. That is regulated in each case by the estimated distance between the senator's residence and tile seat of Congress, and not. by the distance actually travelled for the purpose of attendance. With or without such actual travel, or any inquiry into the fact, as far as the papers before me indicate, the Comptroller has allowed full mileage to all senators at the regular session, and to some senators such mileage for attending the extra session, whilst he has refused it as to that session to all senators at the regular session, and on the sole ground that they did not actually travel to Washington to attend the special session. This, of course, is to discriminate between senators when identity of interests exists, if the words of the law are gratified. Again: If actual travel is necessary to the allowance for the mileage payable at the commencement of every session or meeting, it is equally necessary to such allowance payable at its end, and should, consequently, be made to appear before it is paid-the terms as to this latter mileage being in this respect the same wvith those of the former. And yet full mileage at the end of the regular session is allowed by the Comptroller to all the senators at the session, and full mileage at thle end of the special session to each senator at that. session to whom mileage at its commencement has been allowed. What the usage has been in this particular I shall hereafter state. It is sufficient for my immediate purpose to show that, except in the case of senators holding over from the regular session-and only in this case in regard to that session-the Comptroller has given mileage at the commencement of each of the sessions, without regard to actual travel to or from the seat of government. The error of the Comptroller is in supposing that actual travel is necessary. If' that construction be sound, it is applicable to all mileage at every session, general or special, and satisfactory evidence of the fact must be given and govern the amount of the allowance. See the effect of this upon the act. The act says each senator, "at the commencement and end of every session and meeting, shall be allowed eight dollars for every twenty miles of estimated distance," &c., "from his place of residence to the seat of Congress." The construction says no; this is not the rule; the law does not mean what it says;

Page  12 12 "estimated distance" does not regulate the allowance; that of itself is nothing; c, actual travel" is required, and tile act is to be read as if the words "actually travelled" followed the words "estimated distance," and formed part of the act. The answer to this is obvious: First. That, contrary to every rule of interpretation, it not only interpolates terms in the statute unnecessarily, because its language is plain, but it defeats the meaning of that language. Second. That it substitutes a doubtful and uncertain rule for a much more fixed and certain one. Place of residence and its distance from the seat of Congress can be much more easily and surely ascertained than the extent of actual travel. Third. That, if actual travel is to be required, the distance of the travel should regulate the allowance, and not the distance of the residence; that the residence is not to be used against the senator to limit the maximum of his allowance, and to be disregarded by the government in fixing against itself the milninium. Fourth. That it assumes the only purpose of the allowance to have been to defray the expense of travel, when it was notorious in 1818 that such travel did not and would nrot require that amount of allowance, and when the very title of the act disproves it. The title is, "An act allowing compensation to the meriiibers of the Senate," &c. The entire allowance then provided, pay and mileage, is allowed "as compensation" for public service-not merely to defray actual expenses. The expenses to which senators would be subjected no doubt entered into the consideration of Congress in fixing the cornpen-ation, but not exclusively. Sacrifices of time and of private business equally entered into it, and all together controlled the amouiit. It is therefore an unsound view of the act which regards it as merely designed to enable the senator to meet actual disbursements. It had the further purpose of compensating individual sacrifices of time and money made for the public good. I come next to examine the section with the provisoes. Do these give it a different meaning? Tile one, and the only otne, that could be relied upon for that purpose, is the first. It is in these words:'"Povidc/ed always, That no seliator shall be allowed a sunm exceeding the rate of eight dollars a day from the end of one such session or meeting to the time of his taking his seat in another;" that is, to put it in different language, "that from the end of such sessioii or riee-ting to the timne of his taking a seat in another, no senator shall be allowed a sum exceeding the rate of eight dollars a (lay." Suppose this proviso to follow directly that part of the section which I have given under the first head, and that the two constituted the whole section: what would be its effect,? The Comptroller says that it applies to and limits the mileage allowance, and proves the plopriety of his construction. Would that be its operation, even assuming the entire section to be as just supposed? I think riot. First, because the sum which is limited is that which is to be received after the nmileage, as well as the pay, is due and paid for the preceding session or mneetinod. That, having been already earnedl and received, clearly cannot be taken into the estimate of the amoulnt to be drawn afterwards for services afterwards rend(ered. To do that would be absurd. What has been before o'iven is given oli account of prior services. The country had had the benefit of tlhat service of the senator, and had, under the law, paid him for that the amrount ire received. To charge this sum in whole or in part to his debit, in settling with him for future services, wvould be not less unjust than against the plain imeaning of tilhe act. And yet this is done under the Comptroller's construction. The act declares that at every session or meeting certain pay anrl mileagce for attendance shall be received by each senator. But the Comptroller says,

Page  13 13 whether this is to be paid or not depends on what has been paid at the prior session for attending that session; that if the sum allowed him thereon, added to mileage for the succeeding session or meeting, will exceed the rate of eight dollars a day firom the end of the prior session to the time of the senator's taking his seat in the following, such mnileage is either to be altogether refused, or reduced so as to bring the whole within the limit Ifthis, then, is the effect of the proviso, it contradicts the enacting clause, being inconsistent with its plain language. But what is its meaning A word or two will, I think, make this apparent. In the acts of 1789 and 1796 the same proviso immediately followed the following part of the enacting clause:'&And in case any member of the Senate shall be detained by sickness on his journey to or ftrom any such session or meeting, or after his arrival shall be unable to attend the Senate, he shall be entitled to the same daily allowance,' The design of this clause was to give the senator the same compensation in the con, tingency stated that he would receive if the journey was made, and he had in fact attended the Senate, which, without the clause, would not be secured to him. The antecedent parts of the sections in elach of these acts, as in the one of 1818, were as to such compensation clear and unambiguous. It was to be allowed so much per day "for every day he shall attend the Senate,') and so much'"for every twenty miles of the estimated distance by the usual road from his place of residence to the seat of Congress."' The succeeding proVision was to secure these to him when sickness intervened so as to deprive him of theme It was to this stipulation that the proviso in question was in the original acts directly annexed. Its design, therefore, by every recognised rule of interpreta. tion, was to qualify and guard against the general language of that stipulation. It had no applicability to the prior part of the section. That was to stand by itself, and unlimited. Is there any difference in this respect between the acts referred to and that of 1818? I am sure that there is not. In the latter law, between the clause as to sickness and the proviso, is the provision fixing the compensation of the senators pro tempore, which, until then, had been done by separate legislation. But this in no way changes the effect of the proviso. That, as before, operates upon the clause as to sickness, and not upon the antecedent part of the sec~ tion0 A moment's reflection will show how absurd it would be to give it the con, struction maintained by the Comptroller. The first session of the last Congress terminated on the 14th of August, and the second commenced on the 4th of the ensuing December-an interval of one hundred and eleven days, which at $8 per day is $888. If the proviso applies to the mileage, as he insists, then no senator at the beginning of the second session could have received more than that amount. The effect of this would have been, as will be seen by ree ferring to the estimated distances of their residences from Washington, that five of the senators at the beginning of that session would have been entitled to no mileage, and seventeen others, in the place of full mileage, to such sum less the difference between $888 and the joint amount of their mileage at the termination of the first session and the commencement of the second. And yet, manifest as this was, no representative (for the proviso equally applies to members of the House) nor senator, neither the Speaker nor the Vice President, nor any officer of the government, Comptroller or other, ever dreamed of denying full mileage in that case to every member and senator. Other illustrations of the error of the doctrine will readily suggest themselves when it is re, membered that since 1789 several extra sessions of Congress have been held, recently after the termination of the immediately preceding sessions, and rega ular second sessions soon after the termination of first sessions. By act of Congress, one was held on the ~2d Mav, 1809, and terminated the 28th of next

Page  14 14 month. One on the 24th May, 1813, and terminated the 2d August int tb.e samre year. By President's proclamation, one o01 the 4th September, 1837, and terininate(l the 16th October, samne year. One on the 31st May, 1841, and ended the 13th September in that year. in none of these instances was -full mnileage refused or the title to it doubted, (except in a single case to be hereafter adverted to,) although in each it was clearly not due, if, according to the views of the Comptroller, the proviso applies to mileagre at all. But there is ainother view, in my judognment cornclusive, and which seems t{o hane escaped the Comptroller; and this is, that suggrested by the last proviso to the first section of the act of 1818. It seems to me to lemonstrate the error of his opillilon. The act passed the ~2Qd January, 1818; but it appl ed to "every session of Congress, and every m eting of t/he Senate in the r'ecess o C(on,res's, after the 3d March, 1817." There had been such a meeting of the Senate onl the 4th of March i!mmediately succeeding the termination of a session of Congress. At this extra meeting of the Seinate, therefore, no senator would have been entitled to full or to any mileage for such meeting, if the amouit whichi he had received at the commencement and end of the then closed session of Congress was to be considered as affecting his right to such mileage, because of the limitation in the proviso I have been considering — that if the doctrine I am resisting is a sounlld one, he could nlt have claimed lad the section remaniled singly witll the enacting clause and that proviso. No other quialification or restraint was necessary if the proviso embraced mileage. But Cong'ress was not of that opinlion, They thought that a further qualification was, necessary, alnd they mlade it by a second proviso, just fobllowing the first, expressly declaring 6'that no senator shall receive more for going to and returning fromn the meetnug of the Senate on the 4th (Jay of March last than if thiAs act had not been 5'assed.'' It is a familiar rule of interpretation, that a proviso or exceptionl in a statute shows that, in the view of the legislature, the subject provided fior or excepted would otherivise have been included within it.'The thing here provided iagainst wNas, that the act was not to embrace mileage for going to or returning friom the special meeting of the Senate of the 4th March, 1817. That was to stand as it would have stood if the act had nrot passed. Now, if the first proviso qualified the enacting clause as to mileage. then this last qualification in the second proviso was wholly unnecessary. Ibs sole object, therefore, was to make a further qualification, not found in the previous part of the act. But this second proviso applies onrly to the special meeting of the Senate of the 4th March, 1S17. Why was this, if all such special meetings were intended to be excepted? The law was designed to be, andl is in terms a perpetual one; and, consequently, if actual travel vwas contemplated as iiecessary to aive the right to mileage, and as ini the case of such meetings beinninug on the 4th of March, certain to be had at least once in fbur years-senators holding over atint in atteiidance at the end of the preceding regular seSSion-such actual travel would not be iad; if they were not to hlave mileage at these meetings, th}is second proviso, uIpon every rutle of construction, would not have been confined to the mheeting of March, 1817, but would have included all meetinos of that character. The fact, then, of its being so confined lemonstrates that Congress did not intend to embrace subsequent meetings, as its existence demnonstrates that, in the jridgment of Congress, the first proviso did not emlbrace mrileage at all at any sessioni or meeting, re(gular or splecial. I come now, in the third antd last place, to consider the authority of legislative or other constructionls. It is trule that until 1841, in the case of die Hlion. George Evans, mileage at these special meetings of' tie Seniate had never been paid, nor, as far as I amll informed, been claimed. But it is not true that the claim in principle lwa

Page  15 15 never made or paid. On tihe contrary, it has been often asserted arid allowed; and, except in a single case, without question and with the sanction of all. Thl-e act of 1818 is admitted to be in this particular idenitical with the acts ofn 1789 and 1796. Since the first of these laws to the present time, extra sessions of Congress have been held, at which to all memlbers full mileage was allowed without objection from any quarter, although in many instances the mileage received at the end of tle previous session and at the commencernent of the particular session, taken together, exceeded the limited daily allowance during the interval; and yet this was all illegal, and a violation of clear duty by members, senators, and officers, if the Comptroller's doctriine is correct. The exception I have alluded to is the passing of the act of' 6th July, 1797, (1 Statutes at Larg'e, 533.) This act is relied upon as a legislative interpretationl of the proviso I am now considering', and as confirming the vieaws of the Comptroller. I admit that this fact woulld b(e entitled to mluch weigllt if it stood un — affected by subsequent construction. But it does not so stando The act of 1797, in words, includes only tile then special session of Congress, and gives foiIl m-rileage at such session. Now, it is no doubt true that the act was passed because it vwas doubted wvhether the proviso in the act of 1789 did not apply to( nileage. But it does not appear that such d(oubt ever existed afterwacrds. 01 the contrary, as befire stated, at all subsequent extra and regular sessions of Congress, fill nileage was allowed without objection to all, although in the former, anrd in many of the latter instances, it could not have been allowed if' the proviso embraced mileage. The practical construction, therefore, of the law, by every prIoper department of the governmnent, is, except in the sitngle case referred to, against the doctrine of the Comptroller. But the doubt leadinr to the act of 1797 (does not seem to lhae even previously prevailed. I n 1795 a special meetinga of the Senate wias had on the call of Washington, beginninning on the Sth alnd terminating on the 26th June, in ttlit year. At this meetingr every senator but one —and he resided at the seat of go',:ernment —re. ceived, and, as far as is kniowin, without question, full mileage and yet all of' them except eight had been mn-tembers of and attendted the precedinlr session, ending the 3d March, 1'795, and had received ftll mileage at the beginning anll termination of that session —-the allowance, too, sanctioned by the certificate of' the thein Vice President, John Adams~ Again: What else is there, ill the Inature of authority, against thle view I hold, other than the iiiference to be drawn from the act of 1797, and the omissionl to claim the mnileage by senators at such extra meetings of the Senate: Noth imr The effect of such omission is no more than that by the unifi)rm constructioUl under which the allowance has been made to all, as stated, at sessionrs of Conl.gress when it could not have been done if the proviso included mileage. A word or two more onl the subject of authority. The question w-as express)y made in MIr. Evans's case in 1841. Mr. Southard, the then Presideiit p]rs tempore, and, as all know, an accomplished jurist, after careful examnination anMi consultation with the other distinguished lawyers of the body, decided itas JI do. Irn 1845-an instance lnot mentioned by the Comptroller-the question arain arose in the case of thle Hon. Dixon H. Lewis, and was ruled in the same way by the then presiding officer, (Mr. Manigum,) after having taken time until the following session to consider it, alnd having also consulted the most emlinent lawyers of the Senate. It was also in 1845 again maide and again tlecided in. the same way by Vice President Dallas, after fuill deliberation, and supported by a luminous opinion'r and, at a subsequent period, also so decided by thle Hon. David R. Atchison, as President pro tempore. And, fnally, every nmemnher of the body but three, distinguished as many of them are at the bar, as we'il as in the council chamber, has received the allowance, after, as I am advised, an exanmination of the questioni, and under a fu11 colnviction that it was duat

Page  16 16 und(ler the law. With all due deference to any other authority, I th;nk I am safe in saying that, in the judgment of enlightened men, that which I have enumerated should be held conclusive, even if the question, as an original one, was doubtful, I anlswer your second inquiry, thlerefore, by saying that, in my opinion, the Secretary of tlhe Senate is, under the first section of the act of 2.d January, 18I8, entitled to credit for the payments of mileage disallowed by the Comptroller, whether the certificate of the presiding officer is conclusive or not. This opinion has. been given more in detail than is my habit, because of the character of the questions submitted, and of the unaffected solicitude I have felt, convinced as I was, after the fullest consideration, that the conduct of the senators was correct, to vindicate them, to the extent of my ability, from the imnptited charge, maide noW for the first time in the history of the government, of receiving public money to which they had no title. i have the honor to be, respectfully, sir, your obedient servant, REVERDY JOHIINSON.o.1oan. 1':VILLIrAM I. MEREDITI, A:ecnetary! of the T>eascst;,,

Page  1 'REV. THEOBALD MATHEW. REMARKS OF HONG H. S. OOTE, OF IISSISSJ PP IN THE SENATE, DECEMBER 10, 1849, On the Resoluttion to permit the Rev. THEOBALD MATHEW to sit within the Bar of the Senate. Mr. FOOTE said, Mr. President, it is with no formed in regard to the present opinions and plans little reluctance that I take part in the debate now of the venerable apostle of temperance now in our in progress. Delicate topics have been introduced, midst, he would be one of the last men in the world (and these topics have to some extent been dis- either to intermeddle, himself, with any portion of cussed arso,) which I had hoped would not have the domestic institutions of a republic of which he been intruded upon our notice thus early. The isa temporary guest, or to instigate the vicious real question before the Senate seems to me to be, intermeddling of others, or to sanction directly or whether special honor shall be done by us to a dis- indirectly the foul incendiarism which has at last tinguished champion of the cause of temperance, on placed in such serious jeopardy the noblest civic account of the eminent service which he has ren- institutions which the wisdom of man has ever yet dered to mankind by his activity and zeal in sup- succeeded in establishing upon earth. pressing one of the most hideous evils which has Sir, I have been so long fighting under the noble ever made its appearance in the world. No one non-intervention flag, which may be seen at the who knows the history of Father Mathew as the masthead of that well-rigged vessel ofState,of which champion of temperance, can doubt that he de- the honorable Senator from Michigan [Mr. CASS] serves the respect and sympathy of all who feel has been recognized as the faithful and fearless pilot, interested in preserving the dignity and happi- that I am not afraid to attend upon him still during ness of maln as a moral being. In thischarac- the short voyage for which it would seem he has ter I have Jong admired him most profoundly concluded to embark. Could I suppose it possible and syImpathized with him most deeply. On that the rumors, which have reached us relative to account of his merits as a successful advocate the present opinions of Father Mathew upon of tenmperanoe in two hemispheres, I feel strong- the question of slavery were true, or that he is ly inclined to support the resolution which has capable of abetting in the least degree, either by been offered for according him a seat on the word or deed, the schemes of unprincipled facfloor of the Senate' and so I shall certainly vote, tionists, whose sentiments and policy are so fiercely unless it be shown that there is something in and efficiently advocated upon this floor, instead the resolution offered by the Senator from Wis- of uniting in a proceeding intended to do him consin violative of the rules of this body, or re- special honor, I should not hesitate to refuse him pugnant to precedents heretofore held in respect. even the kind and courteous hospitalities which Indeed, I believe that the almost unanimous vote he everywhere so modestly and gracefully reof the Senate would have been given in the sup- ceives, as he journeys through the Republic. I port of this resolution but for the extraordinary regret to learn, that, when addressed by citizens speech delivered by the honorable Senator from of Alabama and Georgia, as to his views upon the New York, [MIr. SEwARD,] a few moments since. question of slavery, he either declined responding, It seems that this gentleman feels authorized to or responded by letters withheld from publication say that he recognizes Father Mathew as an anti- at his own request. I think that in this transacslavery propagandist, and on this account, chiefly, tion he committed a great mistake, and one which does he base his support of' the resolution. I can- will greatly impair his efficiency as a champion of tiot help hoping that he has dlone gross injustice to temperance. But, until I receive conclusive evithe distinguished native of the Emerald Isle alluded dence to the contrary, I must believe that he still to, in recolnizing him, as he has explicitly done, adheres to the resolution which he assumed and as a mere abolition incendiary. I am inclined to made public shortly after his arrival in this counthink, and indeeed I confidently believe, that the try, not to connect himself at all with any of the distinguished Senatorfrom Kentucky, [Mr. CLAY,] domestic controversies in progress on this side of and tl:e equally distinguished Senator from Michi- the Atlantic. I well recollect the scene, which gan, [Mr. CAss,] understand the attitude of Father occurred somewhere in the State of MassachuMathew with regard to slavery in this country far setts, between certain fierce abolition agitators better than the Senator fiom New York, who has and Father Mathew, in which these wicked inshowered upon him such degrading commenda- cendiaries made a most indecent and ungentletions. If the honorable Senators from Michigan manly attempt to inveigle this venerable personage and Kentucky have not been egregiously misin- in their nefarious schemes, and to wield the influ

Page  2 ___ _ _. _ _ __ __ 2~ - — ~~-:~~ ~~'"- -rence of his niime and character against the insti- i nfnight incendiaries. Did I suppose that the honortutions of the South; and I have not forgotten the able Senator friom New York had been duly author-. dignified and severe oebuke which he administered iztd to give expression to the sentiments of Father to these infatuated ~:&ctionists, nor the scurrilous M athew upon the question of slavery, I should denunciations wh ich they showered down upon regord it as insulting to this body to have Ihis himn so plenteous!y afte'rwardis. T hese facts are namne eveni uttered in our hearing. I must suppo se, too recent not to be recollected. I do not wish to until proof to the contrary shall be adduced, that be underistood as at all censuring the action of' the the honorable Senator from New York, whether honorable Senator from Alabama, [Mr. CLiM NSI,] designedly or not I will not undertake to denide, who s on this occaston gwratifie' his friends so has done serious injustice to a worthy andl uon - highly, by orne of the most brilliant parliamentary fending parsonage, and that, in his fiery eagernes'r,, debutis that [ have ever witnessed.' H-is conduct to advance i. favorite but infamnous cause, he has evincies only'trieat decent aid proper espect fr prie ed to drag to his aid the influence and poppublic sentiment in his own noble State, specially ul&rity of a great and potential name, in a manriner iinflared by the circunstances stated by hirm, ht cannnot fanil to prove displeasing to all the diswhich a. previous knwledce of his c}:aracter armd t inteested fiiends of the temperance reiform to be history would hitaem irnduced ne e to rnticiateo fn round upon the haIbitabte obe. I ventucre to prehim upon an occasion like the prec-nt. N2or did diet that the shrewd and sageious Iisno h populamy'aliant co'ie aue, [Mr. Davis,] in the eloque nt tion of the country will infallibly detect this most harangue which he has just delivered in our hea- brunglig attempt to decoy them; and comprehendinz, utter one sentimient to which I do not heartily ing tihe lofty motives which actuated toe honorablo respond. Thie rebuke which he administered to Senator from the Empire State in setting on foot the honorable Senator from New York, [Mri. this precious scheme of demagogical deception, SEwacr,] arid his allies in and out of this hall they will not fail, in due season, to rewnard the was richly deserved, as all must have felt who author of it according to his intrinsic deserts. heard it, save, perhaps, the unhappy subjects Sir, there was a classic saying in the olden time, themselves. And now, sir, let me ttrn my atten- which all of ius doubtless rememfber:'Quoad tQeblit., tion particularly, for a moment or two, to the Sen- id or-cavit." The conduct of the honorable Snatorfrb.m the Empire State, who has so unauthor- ator from New York, and that of his abolition izedly advocated the resolution of the honorable associates and allies, here and elsewhere, is exSenator from Wisconsin, [Mr. WALKER,] on the actly the revxerse of this: whatever they tlocil theya ground that Father Mlathevw is an avowed aboi- defile; contact with them and their accursed caus'< tionist in opinion, and is orn that accorirt worthy to (politically speaking) is rank pollution; their counreceive sig-nal honor at the hands of an Aerican sls are pregnan with destruction; the downfallof Senate. Why, sir, the honorable Senator must our firee institutions is the natural and inevitable,have forgotten where he was; he ricust have be- result of their malevolenit devices. On tries parcome suddenly oblivious of his oficial oath, which ticular occasion, the honorable Senator from cvew:binds him to support the Constitution of the Yorlk, professing his desire to evince his personal United States, whose sacred provisions guaranty respect for one who stands but little in need of' his perpetual protection to slavery against all oes, super-serviceable praises, has signally discredited either foreig'n or domestic; without which protec- the subject of his laudations, and awalkened more tion, thus guarantied, the Constitution itself would or less of prejudice in bosoms where, but for the never have become part of the suprerie law of officious zeal of which I am complaining, naugh-l the land, or the Union of these States have been but sentiments of kind respect and generous syncestablished upon foundations which all true pa- pat'y would have found admittance. The hentriots hope miay prove perpetunl. orab!e Senator will not be offended, I trust, if I Sir, what object dil tihe honorable Senator from rstate to him that hlie lihas, on this occasion, rather New York purpose to attain by this extraordinary painiftlly awakened a forensic reminiscence of.display of the moornin, s? it hit object merely to forimer years, which, but for him, would perhap' monopolize the syn'pathies ofthe whole Irish and never have risen up in my memory acain. Catholic popriation of tie Republic; andt, by nma- I once witnessed a trial of two crimina!i upon king this resolntion odiouts to eil who respect, the a capital charge. They were def'ended soriewhat vital picinclipes which are embodied in our political unskillfully by ia young and inexperienced attorcompact, and driving firom its support all but the niey, wio had- spoken about an hour, with about avowed anti-slavery memirbers of this body, thus as nmuch heat and animation, at least, as has been to establish exclusive claims to the future political exhibited by the honorable Senator from Newv support of this eume'rous and respectable class of York in the asserition of Father Mathew's claims American voters, Is It the acquisition of presi- to senatorial honors. The young advocate had dential ionors in 1859, that has bedazzled the fancy gotten through with about half of his speech; the of the honorable Senator from New York, and evidence, so flar as one of the alleged rmalefactors prompted him to utter that calumnious and deeply was concerned, had been discussed, and tlie case dishonoring panegyric upon the famed Missionary of the associate culprit was about to be presented. of Temnperance Which has awakened in this hall The judge, who was a decidedly huinmane man, so profound a sentiment of surprise, of indigna- and had been greatly agonized with the damning tion, anddof horror? Did I regard Father Mathew ciharacter of the defence set up for the accused, as deserving any part of the commendation be- leaned forward from'the bench, and thus addressed stowed upon him, in connection with the cause of the unfatigued defender of persecuted innocence: abolition, by the honorable Senator from New "Young man, you have already secured the conYork, instead of recognizincg him as a noble phi- viction of one of your unfortunate clients, and I lanthropist, I should feel copi.peled to class him admonish you, thatif you have any wish that tha with thieves,and robbers, and murderers, and mid — other should be acquitted, you will decline utteir

Page  3 ing a single word in his vindication." The young direct, or covert and insidious; when the real lawyer took the hint, and desisted, and his client enemies of the Constitution, as oe.r fJthers Jifamned escaped the gallows. It is to be hoped that Father it, shall be universally recognized as the real Mathew will be lucky enough to avoid the de- enemies of the Union for which that Constitution struction with which he is threatened by the fatal has provided; when the good sense and sound advocacy of the Senator from New' York, who, patriotism of the North shall nobly concede to the from the period of his noted contest with the State South, her long-withheld rights, and the South in of Virginia upon the subject of the surrender of her turn shall- punish the vile traitors within her fugitive slaves, has been distinguished as an ultra own confines who have conspired for her overabolition agitator, and an open and undisguised throw, with undying infamy; and a day of reassailant of the most venerated guarantees of the splendent glory shall dawn upon our country, beConstitution. fore whose brightness all nations of earth shall In conclusion, I will take the liberty of warning stand in wondering admiration, and the page of that Senator that a period has almost arrived when history be adorned with such scenes of moral even his eloquent tongue will be stilled upon his grandeur and social beatitude as have never been favorite topic. The time is not far distant when portrayed heretofore by human pen or pencil. even such a formally prepared, prosy, and well- Yes, sir, the day is.not distant-it is even now eonned speech as that which he uttered this morn- at hand-when faction shall no longer be permitted ing in our hearing will be but impatiently listened to encumber the machinery of government; when to', if listened to at all, by this august assembly; a patient and forbearing people will submit no furwhen the enlightened and patriotic people of this ther to be burdened with all the enormous expengreat Republic will indignantly denounce the noisy see of government without any of the benefits of agents of faction who have so long disturbed the actual legislation; when a few wicked and reckless public repose by unseemly and profitless wran- demagogues in Congress will be no longer permitglings, and command them to be silent, and silent ted to embroil our public councils with seditious forever, whilst the Constitution and its guarantees declamation, and put the happiness of the whole will ride triumphant over all obstacles which a republic in imminent peril, in order to earn for perverse sophistry has raised up to obstruct the themselves a little dishonorable notoriety; and progress of twenty millions of people to a state when the wretched champions of abolition and of felicity, of power, and of grandeur never before free soil shall mourn in sackcloth and ashes over attained by any civilized nation; when pefect all the mischief which they have engendered, and justice will be seen to prevail throughout omr her- seek in retirement and obscurity that immunity for ders; when the absolute equalily of' the sovereign offences perpetrated, and for still greater offences States of this Confederacy shall be universally ae- projected but counteracted, for which they will knowledged; when the domestic institutions of all be indebted alone to the magnanimity of the the States shall be made effectually secure against people whom they have sought to betray and to the malign assaults of all foes, whether open and rI uin.

Page  4 DIPLOMATIC RELATIONS WITH AUSTRIA. REMARKS OF OL1N}IL S. FOOTE, OF Mf[SSTSSIPPIL IN THE SENATE, JANUARY 4, 1850, On the Resolution of Mr. CASS to suspend Diplomatic Relations with Austria. Mr. FOOTE said: justice to the domestic relations of that individual, Mr. PRESIDENT: I do not propose to enter into he is not at liberty to give them to the world.' the debate now in progress upon the resolution of Such are the precise words used by the honorable the honorable Senator from Michigan, [Mr. Cass,] Senator, who, I venture to say, will not undertake atleast so far as the general merits of the resolution to call in question my citation of them. Now, introduced by him are concerned. Approving Mr. President, I must say to that honorable Senheartily of almost all that has fallen from him on ator, to the Senate, and to the country, that I am this occasion, and concurring fully with him in all exceedingly surprised at the language which he the leading views which he has so forcibly stated, has presumed to hold in our hearing upon this I should be entirely willing to risk the fate of the delicate and important question. I will remind resolution upon the speech which has already been that Senator that the Constitution of the United delivered in its support. At least, it cannot be States has provided that the President" shall nomnecessary, at this stage of the debate, that anything inate, aend by and woith the advice and consent of the further should be said in support of the resolution, Senate shall appoint, ambassadors and other public either by its avowed or presumed friends, especially ministers," &c. Yes, sir, " by and with the advice as allusions have been made by the honorable Sen- and consent of the Senate"is this appointing power ator from Michigan to two honorable Senators over of the President to be exercised, and not otherwise; the way, [Mr. CLAY and Mr. WEBSTER,] which, and yet the honorable Senator, from New York it is to be hoped, will call forth from them such undertakes to maintain that it is entirely proper responses as will comport with the high character for an individual who has been simply designated which they have heretofore acquired in the country, to a foreign mission by the Executive, and cornand serve in some degree also to renew in the missioned during the recess of the Senate, and only recollections of their countrymen certain glorious a few days, too, before we were to re-assemble scenes in our- annals in which it was their good here for the purpose of either approving or disfortuneto bearso distinguished apart. As a mem- approving such designation, and confirming or ber of the Committee on Foreign Relations, to rejecting the nominations made to us, with his whom it is proposed to refer this resolution, I shall commission and salary in his pocket, to fly from gladly avail myself of the sage counsels which may the country before he has allowed the Senate an be offered upon the grave subject under considera- opportunity of determining upon the fitness or untion by more experienced Senators, whether asso- fitness of his appointment. And, sir, the honorable ciated with one or the other of the two great politi- Senator undertakes to maintain the propriety of cal parties into which the country is divided. such action on the part of his friend, not upon any My chief object in rising is to notice the remarks ground of public policy, not because there was with which the Senate has been just favored by anything in our relations with Austria which made the honorable member from New York, who has it imperiously necessary that he should go thus been pleased to talke it upon himself to complain hastily upon the mission to which he has been thattheSenatorfromMichiganhas'avowed (hough preferred; but, sir, the justification which he sets in mild and moderate language) his decided disap- up for his absent friend is based alone upon doprobation of the precipitate departure of the indi- mestic considerations, of a nature so exceedingly vidual nominated to the Austrian court; who has delicate, as he assures us, that he does not feel at not waited, as it was clearly his duty to do, for the liberty to explain them at this time in our hearing, previous confirmation by this body of his appoint- or to do more than refer to them with something of' ment abroad. The honorable Senator from New the mystical significance of the Pythian prophetess York says that he finds himself, by the conduct of herself. the Senator from Michigan complained of, " ex- Sir, this is extraordinary doctrine, and upheld ceedingly embarrassed as the fiiend, the personal in an extraordinary manner. I cannot believe, for friend, the unwavering friend, the devoted friend one, I will not so cruelly wrong that high officer of this foreign representative;" alleging at the same and his official advisers as to suppose, that the time that he has "' documents in his possession to President and his Cabinet have given their saneextenuate, and, as he believes, to remove the ac- tion to this rash and indecent conlduct of their dipetsation of precipitate flight from before the Senate lomatic emissary to the court of Austria. It would of the United States;" and yet, he continues, not be easy to persuade me that the intention of "l tiese documents are of such a nature that, in Colonel'Webb to leave the country thus suddenly

Page  5 was made known to the President of the United have been performed, have ever received the formal States at all anterior to his departure. The Presi- sanction of the President. I will add, that my dent has too often professed, and I doubt not sin- respect for the high officer just alluded to, personcerely, his profound respect for the coordinate ally, in spite of mypolitical opposition to him, will departments of the Government, and his unwilling- not permit me to lend easy credence to the stateneOs to encroach upon their constitutional powers ments of an indiscreet friend, who, with a view to and privileges, to allow him, with any appearance increase his own consequence in the public eatirnaof consistency, to participate in so gross an insult tion, may possibly have claimed authority to repas has been perpetrated in this instance upon the resent the opinions and wishes of the President and dignity of this body. So often have those now in his Cabinet beyond that designed to be accorded power avowed their apprehension of all undue to him. And, sir, it is chiefly with a view to resstrengthening of the Executive department of the cuing this WVhig Administration from undeserved Government at-the expense of the Legislative, so discredit, and for the purpose of saving them from much dread have they heretofore avowed of the being held responsible for the extraordinary lanincrease of what they have emphatically called guage of the Senator from New York this morning, "( the one-man power" of our system, that it can- in connection with the mission to Vienna, that I not be possible that this most grievous encroach- will take upon myself to go a little into the particument upon the authority of the Senate, this most lars of that noctural scene of the 3d of March last, flagrant insult upon its dignity, can either have in which the Senator from New York claims the originated with the President and his Cabinet ad- honor of having figured so conspicuously. visers, or have been otherwise than decidedly con- I have said that the honorable Senator from New denmned by them. York arrived in Washington a day or two before And yet, Mr. President, the manner in which the inauguration of the President. His advent had the honorable Senator from New York habitually certainly been anticipated by us all; but I feel that puts himself forward as the special defender of the I can safely assert that no one here expected him Administration, the leadership for which in this to participate very actively in the legislative proChamber he has, on all occasions, so authorita- ceedings of Congress, before he should have been tively assumed, might almost induce one to suspect regularly qualified as a member of this body, which that the language which he has held here to-day could not constitutionally take place until the 4th in defence of his editorial friend of the New York of March had arrived. He reached this city, so Courier and Enquirer may have been advised at'far as I know or have heard, without producing the other end of the avenue, or may, at least, here- any very profound sensation, either among the resafter be approved in that quarter, but for certain ident population, the governmental functionaries, facts, familiar to us all, of a nature to awaken not or casual visiters to the metropolis of the nation, a little suspicion that the honorable Senator from of whom a vast number had already congregated. New York is not in fact so specially and exclu- There was no special ringing of bells or firing of sively authorized to represent the Administration artillery to announce his approach; nor do I recolin this body as he seems himself to suppose. lect that the editorial notices of his arrival, in the It is not for me, sir, to become the regular de- leading prints of this city, were such as to awaken fender of the President and his Cabinet against the any particular attention to the fact thiat a new Senassaults or blundering advocacy of their own pro- ator from the Empire State had reached our midst, fessed friends; nor do I wish to be considered as who would be at once appointed manager-general, intending on this occasion to render to them more on the part of the Executive not yet inaugurated, than simple justice. Yet it is in my recollection, in and over the two houses of the National Legisand I beg leave to remind honorable Senators of lature. At this period the memorable amendment the fact, that early last spring, even a day or two to the civil and diplomatic appropriation bill had before the inauguration scene of the 4th of March, been introduced by the honorable Senator from the honorable Senator from New York, according Wisconsin, [Mr. TWALKER,] had passed this body to his own account of the matter, came to this city, after a fierce and long-protracted struggle, and was (whether by special invitation of the Executive or awaiting the sanction of' the House of Representanot, 1 do not know,) and kindly took charge of the tives. The hope was confidently entertained, by interests of the incoming Administration in con- all the true friends of the Union, that the adoption nection with a most delicate and important question of this measure would forever settle the territorial then pending in Congress, and, if his own printed question, and secure to the patriots of the Republic statement be true, so managed matters in the two a signal and permanent triumph over the accursed wings of the Capitol,in the course of some twelve or myrmidons of faction. Nothing had been more fifteen hours previous to the adjournment of the two clearly ascertained than the fact that this plan of Houses of the National Legislature, as to defeat settlement, brought forward by the honorable Senthe settlement of that territorial question which has ator from Wisconsin, was the only plan the adopput the Union in such serious jeopardy, and to cut tion of which could be probably secured. It was off our fellow-citizens of California and New Mex- most clear to all minds, that if this plan should be ico from that governmental protection and defence defeated, the country would continue to be harto which they were so clearly entitled at our hands. assed with the perilous controversy then in proI do not assert, sir, that the honorable Senator was gress upon the most exciting question ever agitated actually as efficient in this affair as he has himself among us. It was equally obvious that no one clained to have been. Indeed, I have always could feel interested in preventing the settlement-of doubted whether his influence was very potentially this question, except, perchance, some aspiring poliexerted on the occasion referred to. Nor am I tician, who,aiming to accomplishhisown advancewilling to take it for granted, upon any showing ment to high public honors by sectional strife rather that has yet been made in the case, that the acts of than by intrinsic merit, might be inclined to throw the honorable Senator, as described by himself to impediments in the way of all schemes of fraternal

Page  6 and fSir arrangement. Certain it is that the amend- Well, sir, what did the honorable Senator from rnent of the honorable Senator from W7isconsin, New York do when thus employed as the sole newith a liberal confidence highly creditable to its gotiator of business so difficult and momentousl framer, intrusted large additional power and pa- I will endeavor to give you his own words, as tronage to a President in whose election hle had contained in the letter already referred to, so far as not participated, but in whose good sense and pu- my memory will serve me for the purpose. If I rity of heart all the supporters of that amendment misstate the import of the letter, I hope to be corupon this floor professed to have entire confidence. rected by the honorable Senator. This, thien, is I believe I may add, without the hazard of contra. what he said: "I repaired to the Capitol in comdiction, that GeneralTaylor had himself expressed pany with Mr. Ewing. There I procured a copy a wish to his confidential friends that this scheme of Mr. Walker's amendment, which I had'not of settlement should succeed.. Under these cir- before read. I immediately prepared what;I contencumstances, the honorable Senator from New plated as an amendment to Mr. Wallkerl's anendYork, according to his own account of his achieve- ment, or as a substitute for it." Yes, sir, he i/rients, entered upon his brilliant career as manager- eeldiately prepared his substitute. The subject was general. On the 29th of March last, he became not new to him, as we all know; but the existing the historian of his own exploits, as the author of condition of things could not possibly have been a letter published in this city, in the columns of known to him personally until his arrival in Washthe National Intelligencer, in which he states that, ington. He was quickly called into consultation, "on the morning of the 3d of March, (the last day and his capacities as a,managzer at once put in roof the late session of Congress,) General Taylor, quisition. He required no time for deliberation; Mr. Clayton, the present Secretary of State, and the operations of his intellect were as rapid as the Mr. Ewing, the Secretary of the Interior, severally movements of electricity. There is really a most called his attention to the necessity of having marvelous celerity in the action of his mind, and some form of civil government for California es- so modestly described by himself in this epistle; tablished before Congress should adjourn." Yes, the flashes of divine intuition can scarcely indeed air, these distinguished functionaries are asserted be imagined to be more instantaneous. "Afterby the honorable Senator from New York to wards," he says, " I found Mr. WVebster's prohave "'sever ally called his attention to the neces- posed amendment, and I discovered it contained all sity of having a civil government for California the provisions I had contemplated, very tersely exestablished before Congress should adjourn." pressed." Prodigious! Heactually found that Mr This, sir, is truly a most surprising -statement. I WEaSTER'S amendment containedl all the provioThe two houses of Congress had been gravely ions he had contemplated, and seems to have been considering this matter for months. Many of the not a little gratified that two great intellects (about sragest men in the Republic had been engaged right the greatness of one of which there is certainly and day in maturing some scheme fobr the settle- no doubt anywhere) should so happily have hats ment of this great territorial question. 5Whigs monized. The only difference between them apand Demnocrats seemed-in this body, at least-to pears to have been, that what may have possibly some extent, to have concurred in supporting the cost the honorable Senator from Massachusetts plan of the Senator fiom Wisconsin. Some of the several days and nights of anxious contemplation ablest and most experienced: members of theWhig and painful scrutiny, was struck out at a single party to be found in the Republic were known to heat by the honorable Senator from the Empire be then occupying seats in the two houses of Con- State. It certainly nmust be lookedupon,as a forgress. The attractions of the anticipated inaugural tunate circumstance for the country that the amendscene had drawn together, in addition, a large ment of the honorable Senator from Massachusets number of the wisest and most patriotic citizens found favor in the eyes of his illustrious conternbelonging to the nation. Instead of permitting porary; and perhaps it may be somewhatgratifythe amendment of the Senator from.Wisconsin to ing, too, to the pride of the last-mentioned Senator, become part of the law of the land, and thus closing (but I must be permitted to doubt this a little,) to the controversial strife which had been so long know that his amendment has been honored with distracting the country-instead of urging upon the special commendation of the honorable Senator his friends in the two houses of Congress to co6p- from New York, both as to style and ssrbstance. erate efficiently andzealously in securing the con- He pronounced it to be ve-ry tersely expressed; that summation of this noble scheme of pacification- is to say, " neatly " expressed —" clear oiihoev instead of calling around him the wisest and pomposity." I regarded the fame of the honorable weightiest men of his party, and soliciting their Senator from Massachusetts as a literary man as advice-the President and his Cabinet are described quite well established before; no one who defers by the Senatbr from New York as throwing them- to the critical acumen of the honorable Senator selves at once upon his counsels, and submitting from New York will hereafter doubt the comrpethemselves in this grave conjuncture to his exclu- tency of the distinguished gentleman thus comsive direction. I venture to pronounce this the mended to draw up a short amendment in suitable most astounding instance of reckless confidence parliamentary language. I hope I may be here that ever has been recorded by historian, or been indulged in a comparison without incurring the depictured by bard or novelist. The elder Pitt charge of profanity. When the Great Author of once said, "Confidence is a plant of slow growth the Universe " in the beginning created the heavens in aged bosoms." In this instance a mushi-oom and the earth," and had brought his goodly work rapidity of growth is displayed, which I feel sure to a conclusion, he is represented to have looked must prove surprising to all who did not suppose upon it, and to have pronounced it " very good..9 the honorable Senator from New York to labor un- And so, in like manner, the honorable Senator derthe influenceof aspecial hallucination in imain- from New York, glancing over the amendment of ing himself to have been trusted so exorbitantly. the honorable Senator from Massachusetts, ared

Page  7 finding it to correspond in substance with his own aulay, as these exploits of the honorable Senator gravely pronounced it to be " verygood," and pro- from New York, a reorded by himse I hlave ceeded to at upon it without delay.' I took Mr. several times seen noted equestrians of the circus Webster's armendrnent,' says he, "and, having perform high feats of horsemanship that astonished shown it to Mr. Ewing, who left the whole subject all beholders. I have seen Harleouiin himself to my own judgrment, I visited many members of astride of two horses at the same time, riding' thie House of Representatives and irged the adop- around the ring with an affected clownisrhness of tion of it. Mr. Vinton, chairman of the Commit- manner, fitted to awaken amone the uninitiated tee of Wavs a nd Means, soon informed me that serious alarm for his safety, and yet presenitly de. the comirnittee would report the amendment, with sc ending' gain to earth unhurt and even exsultats; sornme slight modifications, to which I did not ob but never did I hear before of a single individ, ject." i I spent," says he, " the residue of the however skilled in the mysteries ofla.vrmakin, day in urging the adoption of the amendment of successfully taking charge of two houses of a N -U the Cornrmittee of Ways and Means upon the tional Legislature, representing twenty millions of meern bos of the House." people, and so controlling the great and compiex But his labors did not here end, Mr. President- machinery of Pr liarnentarr pIoceceeding as to snake nothing like it.'To be sure hie had swept all oh- every part o!' it perform its appropriate inctieons, stacles before him in one house of Congress, but strictly reording to order, in both departmernt, he had yet to encounter still'core serious obstacles without himself enrjoiyr at the timne the privileges in the Senate. Besides, the hour of midnight had i of memberslhip in either of them, or even posses arrived, anid all the surroundring circunmstances in a right to raise his voice in debate. ice, i d were strikig ly unpropitious to renewed deliber — tis irnstance it seems that the experimentt attemtpttions in this body.- And yet there was one cir- ed did, irn point of fact, nltirmately fail, as the subcnmstance —possibly quite unthou lht of at the stituted aemendaent of the House was not ratified time-not altogether unfavorable to the centers- by the Senate. Arid yet must the eflforts of the plated schemie of operation. The nmembers of tile honorable Senator fi'or New York be regarlded as Senate mright be fbund overwearied witli their tnot altogethier successle'ss since he aided so efsevere legislative labors —some of the firiends of ficiently in defeating the amenrdment of the honorthie AVaLKERn amendmrent, and of courne tihe ene- able Sernatorfrom r Wisconsin, and thus maniaged mies of thire new one, might, at that late hour of to Ikeep the question o0 slavery in the Territorirs the night,l be perchance asleep or absent, and tIhe open, so as to secure to himself some faint prosdadre deed which had been plotted might be accorn- peet of Presidential honors in firturo by means of p!ished even after the constitutional term of legisla- its fierce agitation in the free States of the N-orth. don had expired. Note, Mr. President, it'f you And now, speaking of the Presidency, let us please-and I call upon the country to observe- return for a nmoment to thie rermarks of the honorthat the honorable Senator fromn the Empire State able Senator to which I am now replying. He had never then occupied a seat in either house of calls himself' tihe personal friend-the unwaver-,ngress, andl could not be inducted into the seat ing friend" -[Mi. DouGE, of Iowa, from his seat, in this Hall, then adorned by an accomplished gen- "devoted"]-yes, sir, "the devoted friend" of tleman, now no longer aorong us, unltil the suc- General Jamiies Watson Webb, editor of the New cueding Mionday. And yet he did not hesitate to York Courier and Enquirer. Why, MIr. Presitake upon himself the performance or legislative dent, how is this? 1eow are we to understand the functions, more ample in their scope and miore honorablre Senator? I am assured by one whom I difficult in their execution than any American presume to he correctly informed, that until a very statesmuan had ever bef'ore thought of assuming. recent period indeed, the relations between the Having tieen formnially put in charoge or this matter honorable Senator froiom N ew York and the subject in the manner described, and the wlvole " nodEus of his present commendations were by no meians operctudi" having been left to his jud-nment, wxhen of an aricable chairacter! I am told that few his labors had terminated in the ieouse of Repre- presses in tlhe Union have generally displaved sentatives, he glided rost dispatlchfully into the more hostility to the honorable Senator firom New Hall of tire Senrate, and there, says hue, I exerted York t than tht of the Courier and Enquirer0 myself to procure the assent of the Senate to the Lately, to ie sure, it seemns to have ciarged its aiiendrmert, and I insisted that no different pro- tone considerably; and, I ami told, it has actually vision ou ght to pass. continued my efforts until ventured to sugogest the honorable Senator fron the Senate decided to disagree to thie aniendmernt New York ai t-he corst suitable person to' receivc of the Conirrtitee of Ways and Means of tlhe the next WVhig normrtatiinn for the Presidency, Heouse. It is weil known that the whole design of Now, through tire little window I havejust openedr a goverrmient -,or C'lifiornia, filed by reason of' that ii may be'n one ratys of light vill come in to dis'r eronent.s-' irradiate the darksressi heretofore enshlrouding tIem Such are thIe statements of the extraordinary suhject o f' preuert intiry. I can, at any rite, now letter published in the National Intelli-,encer, on see pretty plairhiy bow it is that the honorable the 29th of March last, over the signaturue of the Sernator froin 7New York can be, and ought to be, honoraible Senator firom the Emnpire State, pew the friend of the com r iss oned but not yet con.present. And now, Mr. President, is not tis a - firied emissiary to Vieusna. I cean understand not wonderful erpistle' Does it not abound in sMisO - only ho w lie titrh wcell be his friend, but aso ing tteiemnts Does it not describe iost ore how his hieart nmi'hut pulsate with gratefI emotion5 markabie achievements upon the P.arlifentary i fr kiindness exei. cised and pa.tiality displayed. arena? Is i ot this letter destined to aw,aken tr But the word is oreac'c —ois still inrcocoehieesib! astornishment of all posterity? There is niotIhig, i as the aunity betwieen themr is of, too recent ora:!in I think, so strikino-; in all the pages of htistory, to have ben yet s'ver:i cr tested, mand may be desancient and modern,ifrom Herodotus down to MIac- tined to grow extinct'erta e t fi'ruit of hnor

Page  8 shall have been gathered from the tree of political with the domestic relations of this personage which promise. It may be that this friendship-so sud- have made it necessary that he should quit his naden, so tender, so devoted-is fated to evaporate tive country in such ungraceful haste. Curiosity whensoever our minister to Vienna shall have re- will spring up in all minds now, sir, as to the turned to his editorial chair in New York, and, exact nature of these domestic reasons * some will under the influence of some new fantasy, shall conjecture them to be of one character, some of have suggested the name of some other Presiden- another. The newspapers of the country will take tial candidate in preference to that of the honora- up the inviting theme, and edify their respective ble Senator from the Empire States I should re- readers with various shrewd conjectures as to the gret this extremely, sir; a mutual affection like cause of our minister's exodus. The letter-writers, that under review, so romantically springing up a most prying, ingenious, and active class, will in two young hearts, within whose recesses the manage to cast still more and more confusion over cold principles of political and pecuniary calcula- the ample field of conjecture. Old.men will talk tion have never found entrance, should, for the wisely over the supposed domestic distresses of honor of human nature, be preserved in all its ori- the unhappy Webb. Young men will jest sportginal freshness and fervor1 until eager appetite ivoly, and with all the ludicrous aggravations shall be at last swallowed up in measureless frui- which a mischievous vivacity can engender. The tion. whole country, sir, will be infalliby occupied for a There is one view of this matter, Mr. President, month or two to conie in considering the overpowthat remains yet to be stated. The honorable ering domestic woes which have come upon the Senator from Newv York tells us that he has docu- once happy editor of' the Courier and Enquirer of ments in his rossession of a nature to extenuate, New York; and without some speedy explanation if notentirely free from censure, his friend, between of the mystery now existing, the world at large whom and himself an ocean now rolls its billows, will come to the conclusion, in less than three but for whom he still cherishes a devotion as in- months, that General James VWatson Webb, our tense as that which he felt before time and space nominated minister to Vienna, is the most unhap-. had senarated them so remotely; but he says that py man in everything touching his domestic conthese documents " are of such a nature that, in cerns to be found in all Christendom. The honore justice to the domestic relations of that individual, able Senator from New York has certainly been he is not at liberty to give them to the world." particularly unfortunate of late. It was but the Well, sir, I regret very deeply, then, that he allu- other day that he was very near ruining the fair ded to these documents at all. I regret it, sir, for fame, and destroying the well-earned popularity of the sake of the individual chiefly interested, whose the illustrious champion of temperance, the Revcharacter, and perhaps that of a portion of his erend Theobald Mathew, by fixing upon him the family, may suffer serious detriment from the odium of abolition. Now, he hassucceeded in eft superserviceable zeal of his champion on this floor. fectually disgracing his ownl special friend and edi, If this topic had not been introduced, we might toial advocate by adding to the discredit of official have supposed that some public reasons, not proper i delinquency the suspicion of.domestic infelicity. to be disclosed, connectedi with our diplomatic re- Well might the unfo:rtunate gentleman, who is lations with Austria, had instigated the precipitate now, perhaps, drinking Tokay at Austrianr tables. flight of this renowned Mercury of the press across or smiling joyously beneath the glances of impethe stormy ocean. Now, through the indiscretion rial condescension, exclaim, with all the emphasis of his most loving advocate, we know that no such appropriate to persecuted itnnocence, " Save me public reasons have operated, and we know in from my friends, and I'11 take care of my eneaddition that there are some reasons connected mies." Printed at the Congressional Globe Office.

Page  1 ON APPOINTMENTS TO OFFICE. SPEECH o0 310N, J, X.BRADBURYX, OF MIAINE, DELIVERED IN SENATE OF THIE UNITED STATES, JANUARY 15, 1850. The following resolution being under consideration: Resolved, That the President be requested to cause to be laid before the Senate all charges V-hich have been preferred or filed in any of the departments against individuals who have been.0emoved from oflice since the 4th day of March last, with a specification of the cases, if any, in -which the officers charged have had opportunity to be heard, and a statement of the number of:removals made under each department, including subordinates in the custom-houses and other branches of the public sevice:, IMr. MANGUM said: As I regard this resolution, in its operation, a total lsubversion of former 1practice, and as it is, il Inmy judgment, a gross invasion of' constitutional authorities and rights, and of executive duties, I move, sit', as a test vote, that the resolution lie upon the table, and upon that motion ask -for tthe yeas and nays. The question having been stated on the motion to lay on tile table, the yeas atnd nays were ordered' and being taken, resulted-yeas 23, nays 29, as follows: YEAS-Messrs. Badgei, Baldwin, Bell, Berttien, Clarke, Clemens, Cooper, Corwin, Davis c-f Mlassachusetts, Dawsonz, Dayton, Greene, Mangum, Miller, Morton, Phelps, Sewdl, Smithl ~pSruance, Underwood, Uphiam, YWales, and WVebster-,23. NAYS —Messrs. Atchlison, Borland, Bradbury, Brigit, Butler, Chase, Davis of Mississippi, DIickinson, Dodg e of Iotwa, D)odge of Wisconsin, Doug3las, Down, Felcht, H-amlin, Houston, JF:uiwter, Jones, King, M.ason, iNorris, Ruslk, Sebastian, Shields, Soule, Sturgeon, Turney,'Walker,,Whitcomb, and \Yulee "99. So the resolution r as not laid upon tlde table. Ir. BRADPBURY then said: Mr. P.sEIDENT: Tle riesolution before the Senate is one of inquiixr - a reso-.iltion calling for inforlatiton and I must be pelrnitted to express mly surprise:tihat ir should excite oepocsition,land especially the kind of op)position it hvas encountered. Thle resolution~ asl k thle Ptesident for ifb;t/riatiot,, not opinions. It seek; aformation whiclh!e las made necessary for us, in the honest and ftaithfil disch arge of our oficial dutic, anId wliclh we can appropriately ask of hlin withiout trenching upon!his constitutional rights. Suclh is thle precise cliaracter of the r,'esolution; and I will proceed at once to tile consideration of these positions. The President has rendered this information?teccs.scay. INo one can have forgotten that General Taylor, previous to his electiolri -pleded himself to act independent of party in the discharge of the high duties.f Chief M agistrate of the Union, should le be elevated to that exalted station. tits leadingl friends made similar declarations. They announced that he wouldI?.Ct irrespective of party distinctions, anti would lever be found 1" the supporter Printed at tle CoDgreessic).a Globe O)fihCe.

Page  2 of that infamous system of prosclription which distributes the public offices of th-i country as the spoils of victory." There can be no occasion to refresh the memory of gentlemen upon this point I think it is very well understood; and I will refer to but a few of the num nerous letters of the President and speeches of his fiiends. The first whicll shall read s an extract of a letter from General Taylor to the editor of the vxhoir twz g, a; dlated May 18, 1847. He says: I' In no case can I permit myself to be the candidate of a party, or yield myself to part,ach&lemes.' In his letter to Dr. Bronson, dated August 10, 1847, declining any party'nomination, is the following declaration: "I have thus given you the circumstances under which only can I be induced to accept the high and responsible office of President of the United States. I need hardly add that I cannot, in any case, permit myself to be brought before the people excllsiely by any of the peoitical partie6. that now so ultJbrttneately divide our country, as their candidate for this oClCe." In his letter to a citizen of Lansingburg, New York, published in -the Trow Daily Post, he says: "( But I will not be the candidate of any party or clique; and should the nation at large seek to place me in the chair of the Chief Magistracy, the good of all parties and the national goodwould be my great and absorbing aim." The celebrated letter to Capt. Allison contains t-he folowing explicit declaration: ";First. I reiterate what I have often said: I am a Whig, but not an ultra Whig. If elected, VT would not be the mere President of a party. I would endeavor to act independent of party donmiiation. I should feel bound to administer the Government untrammeled by party schemes.,' And he fur'ther says: s" I have no private purposes to accomplish-no party projects to build up-no enemies to punish-nothing to serve but my country." To Mir. Mluhlenburg, president of a Deemocratic Taylor State Convention nomanating him as a Dcezocratic candidate for the Presideincy, November.25, 1847, ]he writes: " The resolutions of the meeting have given me grea! pleastre caud sati sJkclioe, as the expressionof high respect and consideration from the people of Pennsylvania."' On the same day his response to a W/14i nomination says: 6 I have read the resolution4adopted by the meeting with great pride cand pic;slC're." To the no-party nomination of a imeeting at Baltimore, he responds: "' The political sentiments embraced in the preamble and resolutions adropted at that meetingI rejoice to say, meet my cordial approval and assent;"' and 1' I must be permitted to add, that as they have, with so much confidence, placed my name in nomi.nation before the countr y on thei own1 responsibility,frieefi-otparty action and the exaction of pledges fonom myself, I sia!l serve them strictly as a constitutional, an(t not as a party PresiudcI, (in the event already alluded to,) and as my ability will permit," One of the resolutions which was so cordially approoved is inl these words: ": 4. Resolved, That the platform of the Constitution, upon which General Taylor stands. before the people, guarantying equal rights to all, furnishes a sure and ample basis upon whic}: all our fellow-citizens, whether known as Democratic or lt'hitg,.Native or.tra:hwtauized, olay unite in his support, and participate in the benefits of good gover: nment under his administration. It is unnecessary to make further reIerences.'Those wh Tich I have presented are sufficient for my purpose. The distinguished fliends of General Taylor made similar declarationls on hlis behalf~ I will refer first to that of Mir. Crittenden, recently a lmember of this body frotm Kentucky, whose infiuence prob'abliy contributed more tilan that o! any other individual to secure his nomlinaation at Philadelphia. He declared, in the presence of a public meeting, in reference to the President's sentliments upotn. tlie subject of removals: " He HATES, LOATHES jrosCrI tiQo.i" 1 call attention to another declaration made on his behail, The honorable Senator from North Carolina, [Mr. MAtNGUIJu] whop to lly surprise, just novecd

Page  3 3 to suppress inquiry, by laying the resolution before the Senate upon the table, in his speech in the Senate, July 3, 1848, is reported thus: "In reference to the maxim' to the victors belong the spoils,' he denounced it with uautterab.e sC orno " Such was the language of the Senator, as reported. Mr. MANGUM, (in his seat.) I still hold the same opinion. Mr. BRADBURY. I am most happy to learn that the honorable Senator still retains the same opinion and I regret to find that lie arrays hinself in opposition to the resolution under consideration. I trust that when he finds the pledges which he gave, have been violated, the Senator will not suppress the expression of his " unutterable scorn.' Another distinguished friend of General Taylor, the present Secretary of State, in his speech in the Senate, July 5, 184S, declared: "' General Taylor is not pledged to carry out every principle and measure which have been advocated by the Whigs. Hie comes into the field, and he trusted he would come into the Presidency, not as a party man. " Mr. Clayton further declared" That he will not be the tool of a party; that he will be the President of the people; that he has ano enemies to punish, no friends to rewar(d; that while he will do his duty in removing corrupt, or incompetent, or unfaithful men from office, he will not be a supporter of tlhat ilbfranous system of proscription which distribuztes the public qfices of the country as the spoils of victory." Here we have authoritative declarations covering the whole ground: not a party man-no enemies to punish-no friends to reward-no countenance to the " infamous system " of proscription! Such were the declarations of General Taylor and his leading friends previous to his election. He accepted alike Democratic nominations, Whig nominations, and no-party nominations. The abolitionist and the most ultra-slavery extensionist could unite on him. The good of all parties was to be most mysteriously secured in his person. Democrats, as the honorable Senator from Delaware avowed, could vote for him without any inconsistency. He was the follower of Jefferson. Whigs could sustain the disciple of Adams and Hamilton. The Native Americans claimed him as their candidate, and the credit of his first efficient nomination. The Free Soil Whigs of the North were to be satisfied with the endorsement of the sentiments of the Morning Siglnal and the South witkh the. pledges which his interest and locality secured to them. It was under these circumstances, and wFith the pledges to which I have referred, that General Taylor was borne into the Presidency upon the tide of his great and justly-deserved military renown. He occupied a different position from that of other candidates for that high office, who were his competitors at the Philadelphia Convention. They could present no such varied claims. They could make no such pledges and professions. They were conspicuous members of a political party whose principles were well understood, and they could not claim to place themselves independent of party. His great competitor from the West never hesitated to make the avowal to the people of the country, "I amn a Whig." Atld the distinguished statesman from the North, who stood in the same position, gave the same response. On ontering upon the discharge of the responsible duties of the hilgh position to which le had been elevated, he renewed, in the most imposing mnanner, the pledges that had been made in relation to the subject. of appointments and: removals. In his Inaugural address, delivered in the presence of the vast multitlde who had assembled to witness the ceremony, and sent forth to the A3nerican people as the great political chart by which his administration was to be governed, he made the solemn ofcial declaration of the principles by which it should be guided. It is in these words: 6" The appointing power vested in the President imposes delicate and onerous duties. So far

Page  4 as it is possible to be informed, I shall make -ToNEsTY, CAPACITY, and FIDELITY, indispensable prerequisites to the bestowal of office; and absence of either of these qualities shall be deemted sufieicltt cause for rvetoval.' Mark the language! How emnphatic and significant! It is firom a Presid;ent wrho desired to soften the asperities of party, and wlho had pledged the word of a soldier never to yield himself to party schemes. He specifies the causes for removal under his administration. They are dishonesty, incapacity, and unbiithfidlness. These are all. He states no other; he intimates no other.'cExpressio unis est exclusio alteirius:" the specification of one is the exclusion of all others. This is the common-sense interpretation of tle languagethe fair and honest construction of it. How preposterous to assume that it could be regarded as meaning that, while he should remove one officer for the causes specified, there was in his mind another cause, not named, for which le intended to thrust out thousands! The supposition would be unjust to the President. It would imply duplicity and deception, which I do not impute to him. I believe he intended to make good his assurances. This official decltiration of the President, after he had taken the oath of office, is, under the circumstances, equivalent to a declaration in advance, applying to each case of removal, under his administration, that is made for want of honesty, capacity, or fidelity in the officer retnoved. The charge is in an official docurment, from thle ighllest source, and carries with it all thie sanction which official station can give. Now, sir, ho1w has this pledge been filfilled? Is it not notorious that, while it yet lingered upon the lips of himn who uttered it, a sweeping system of removals commenced, whlih has been steadily carried forward, until it has swept over State after State, and extended to the remotest corners of the Union? Men of the purest virtue, upon whose character no stain was ever fixed before-men whllo were regarded by all who knew them as eminently possessing honesty, capacity, and fidelity-w- ere numbered amongst the proscribed. Upon all these 1victimis the imputation is cast of "' moral or official delinquency." To mark the case more strongly, and to prevent the possibility of' a doubt, the organs of the party catne out and indignantly repelled the idea that these removals were for political opinioIns or political causes, and asserted that they were for the causes specified in the inaugural address, and that any other supposition would do gross:injustice to the resident.:I readl fiom thle Daitiy Natioral Whig', of June 6, 1849, published in this city. The article is in answer to a proposition of the Union, that, if the Whig press wsould come fot\alrd and acknownledge that the pledges and professions upon tihe subject of ploscription, made by General Taylor and his friends, had been violatedl, and that Democrats were removed becausd they were Democrats, and not because they hadcl been guilty of official or moral misconduct, no more should be heard friom the Democratic press upon the subject of proscription peer se: 6'iThe proposition of our contemporary is based upon a false assuemption, and therefore cannot be acceded to. It assumes that General Taylor has violated his pledges that he would not proscribe men for their political opinions. Now, we deny that lie has violated his pledges in this respect, and we defy the production of evidence to the contrary. Our neighbor will point to the announcements of removals of Democrats frorn office, which have been made by the public press, as sufficient proof of the allegation. These are no proof at all, except of the facts which are made by tle announcements themselves. It is entirely an infterence, that the parties removed were proscrlbed for their opinions; and it is a violeat inference, too, in the face of the declarationz itn. the Inacuguratl, that capacity, fidelity, and integrity, should be the only standard by vwhich men's peteansions to be retait ed in or appointedto office shlll be 1eass'red or iceirghed. The pledg'e of the appointin, powcer, lwho has made this eleclaation in the?nost solemn mannler, is surely entitled to more confidence than the passionate and hasty-drawn inferences of the opponents of the appointing power. It is much more reasonable to believe that General Taylor ldoes slot violate his inawugmilal eaomIstE than that he does violate it. The probabilities that he keeps his word, at least, are on his side, and

Page  5 ainst the presumptions of his opponents to the contrary. The nation will sooner believe;ha General Tayloris executing his office in the matter of appointments upon the basis of his inauagural oledge, than put any faith in the bold and groundless assertions of the Unioan, and its political contemporaries, that he is executing it in violation of tiat pledge. General Taylor is, in the nature of thincs, entitled to more credit than his oppon1 nts Cm, bhe, upon the general principl1 of 3credibility, and particularly when the latter's assetrtions are the fi uit of mere inferences. "' We say that the Un'ion's proposition is based upon a iflse assumption, and the Union knows the fact, if it knows anything, or has any concern fot tie trlth. It is fully aware of the utterly corrupt and inefficient condition of the Federal official corps, i it is aware of anything whatever. l knows that the whole body of civil Federal officers Is obliOxions.. mtore o less,t the charge of either want of entire capacity to discharge the pubiic ti uLst, or xvery loose ideas and notions of official integrity, or an absence, in a greater or less I } ogree, oLf r[.;rt,qelity to the public service which is the crowning glory of every public servant* Here, sir, we have it repeated, while tloe aoro;-k was mgorg on, that tlhe removals were made in consequence of the " moral oriici oicia (elinquency " of the officers removed, and not for politiCal reasolS. It is openlly atllhnnired by papers tliat assumed to' be organs of the party in powe'. Now, sir, I ask it; in view of all these faets a resp1onse to the resolution is not due to our 11llow-citizens, upon whose charactert a stain is thus attempted to be fixedl We know it is unjitust to them. Aiter expel:,in lg them fiom office, it was not necessary that their Ititr fiame should be tnarhnisie,:l It is due also to the Ple-sident, \ho, iunless lie halts adoptie3 tile spoils system as lte ge-at and distinguishing inature of 1lis adbn tat;.i)t} lt has been imposed upotn by a genleral systei t o/ libcilzng-by tle fnlStg of!icI'itLos chari ges againsty Dettocrats who were in office, to proctire their retmaovalt Utless we piresume a vio!ation -of all the pledges and professions of the?.resdCernt a1d Ihis friiends on this subject, we are forced to the conclusion that this sys teUI has beetn pursued. But, sir, are we at liberlty to prlesumte a vioasltloin ot alCl thlese pledges? His organs assure us we are not. If, then, this schlem.e of getting up fictitious accusations has been resorted to, tle inqufiry arises, y whom lllas it ibee n done X For vwhose benefit was it'that such a practice should ie pursued?' Cat bono Who had an interest in doing( it? Those mantitestlv wvho expecteda to prtofit by c. No other persons could be benefited by suchs a otrse of procedtre. iat may turn out, upon a response to the resolution, tOlta., ai sOi-ne cases, thlose,whose names will come before tL, as nominees to the places Lthai vacated, wil ibuond to have been encraged in this business. And IL subttai't,lhat such a fact would be' one that must have an influence upon every honoran!be mind in its action upoal such a nomination. twill suppose a case: A oa,; dlelibeiately en'gages i;} getting up and presenting false charges against ail offgcer, it order to procore a remnoval, and is successfiu, and obtains a nlCrvlt-u n' l) tL-: p lace' 1i,1 wea h is name is presented for our approval, the evidence of his conduct shootuId be fi:rnished with it, should we not feel the information to fbe pertinent and iopno ttant? There can be but one response to the interrogato"ry I trust that I have succeeded in showing to the sataislactioni of the Senate, that thie information sought by the resolution is necessary feo us in the fat'ilthl discharrge of our official duties. As a part of the appolintirctg povelr', we lave ar czrt'.7"t to thie information in the possession of the President, touchbinig those trmatlers ien regard to which we are called upon to advise with him. How caln vwe perpeor'm understandingly this advisory duty without it? Appoilntients are made by andt with the Setaate's advice and consent. By the termxa advice, ntldelrstad so. n thilnS more than mere consent. Consent is the acquiesce ce of the nmind to what is proposed by another. Advice implies the sugestiol orl reotittlendaa lion of something to be done or some course to be pursuedo tIe dlfdn i~;t is called into exercise, and that judgment must be inlbirned by the i;acts beariainf upon tile sub]ect. In thle early days of the Republic At was th C practic lOb toti

Page  6 President to meet the Senate, and confer personally in the transaction of business in executive session. Such, at least, was the usual course with President Washinslton. t But. however desirable and important I might deem the information sought, I would not press for it, were there any constitutional impediment in the way of asking it at the hands of the Executive. There is no such impediment. The Senate is entitled to the information, and it can be demanded without trenching, upon any of the President's constitutional rights. The Senate is a part of thie appointing powver. When a nomination is made, the appointment must be with its advice and consent. Tile power of removal is not conferred upon the President by any express grant in tile Constitution; and tile position I maintain is, that this power is not so unlder the absolute, erclusive, and unlimited control ofi the President, that-it cannot be r egulated or inquired into by Congr.ess. On the contrary, both branches of Congress have asserted the right on various occasions, and difibrent Presidents have recognized it. If Congress can, by an act, regulate or inquire into the exercise of this power, it is because it is within the scope of its constitutional authority, and is not confided by the Constitution to the President's iliimitable control. If it is no't thus confided to the President, the Senate can inquire into its exercise, upon precisely the same grounds that Congress can regulate and control it, That Congrcfess can do this, I apprehend no one will q-uestion. begr leave here to detairn the Sienate by reference to precedents sanctionino thte pirincple for whlith I contend. The Jourinals of the Senate contain abund, ant evideince of the recomnition by diff:lient Presidents of the right of the S n ate to go behind the nomination lnd see inibrlmtion touching its propriety, and t:e reasons for mnakin' -i. I refier, firsi, to a case tunder President Washington, in 1'789, to show the views entertained by tIhe Father of his Countrye Tble Senate had rejected t1ze nolnilnatiol of'Benj nmin FIishborln for Naval Officer of the port of Savannahl. W/ashin(ton sent in anothler nomination for the place, accompanied wvith a miessage, in bhicih le says: ~ Whli.atever y hiavive been tlle reasons whnich induced your dissent, I am persuaded were such as you deremed sufficuient. Permit me to submit to your consideration, whether, c-o occasionus icher Ie te roprt3.ety Jf loeinia!io,,ls napa:( i,'eslioiiabte 4o y1ol, it would not be expediens to communieoia.e that circumstance to mle, and thirej tavaril aioesnselscs OLf then ienJrfalion which leed rie to make[ t1m, ani tvhcrh I woul d wi!hl plesure l'ay before you. Probably my reasons for nomineting Mr. Fishblourn rajy tend to show that such a mode of proceeding, in such cases,,ro-leht b-e, at eiu!. I will, therefore, detail them, c.Vidte. t. JEi.,t vol. I,,. 16.) He1e we have the views of one of " tf-e earlier Presideonts "-nay, vWashington Ihli selfonl this subDjeet. He re(graded it not only the right, bhut the duty of the Senate to possess itself of the information which ledt to nominations. His authlO itv Should be conclusive with those who profess to take him for an example; nd, followincr Iis example, the-i President must respond to our call. There are mnay nominations, the propriety of which may appear questionable; and we lhave the high authority of Washington, that we should avail ourselves of the infornaation which led to their being made. Mr. BERRiEN. Will thel Senator allow me to ask whether tle information communicated by General Washingtcn related to the nominations of individuals to office, or the removals of individuals fiom office? Mr. BPRADB3URY. It was in relation to an individual who had been nominated, and who had been rejected. Mr. BERRIEN. As I understand the Senator, General Washington stated to the Senate of the United States that, when t-hey were considlering the propriety of his nominations, it miglit be advisible fbr them to ask for the informalion upon wlhich he had made the nominations-not the information upon whicht

Page  7 7 he had made thle removals, for that was not the subject of controversy between the President and the Senate. Mr. BRADBURY. The honorable Senator from Georgia will understanct that I endeavored to show that, unless the President has violated his previous declarations, not to make removals except for cause-which we are not at liberty to presumle — ufounded charges must have been fabricated and preferred agaiinst many officers who have been removed; and as no persons would have an interest to do this, except those who hoped to obtain their places, the inference arises that some of the nominees, whose names will come before us, may have lent themselves to this business, and thereby shown their want of qualities essential to a public officer; therefore, the information which we seek is information which: m-ay, and pro.bably will, in some cases, affect the nominations upon which we.;hall be called to acte I contirnue the extracts from the Journal, some of which will have more or ess direct bearing upon the question raised: "1789, August P..-The President gives his reason for making a nomination at a particular ime. "(Vie samne, p. 90.) 1' 1789, August 22.- he President attended the Senate in their chamber, and had a full and.?:ee conference with them, preparatory to entering into treaties and arrangements with ths.ndians,"' &.c.-(Yide same, p. 22.) "' 1790, Februnar 9.-The. President asks the advice of the Senate before entering into a cora-i:'osondene or negotiation wvith Great Britain." —(Vide same, pp. 36, 37.) " 1 797, May 31.-John Adams, President, states his 9eason?,s for making certain nominations 7'' S08, Febrllary 19.-Thomas Jefferson, President, nominated William Hull." " 1808, Febriuary 25$.-The Senate passed a resolution calling upon the President to cause to 5e laid be/ore the Senate certain papers in relation to the conduct of the said Hall."' 1808, M.lrclh. 1-Te President complied with that resolution by laying the papers befor.c:ie Senate." 1814, Miarch It. —Th1e nomination of Clarles WVollstoncroft being under consideration, i:. Bibb, of Kentucky, sub mitted the followingo motion:' Resolvei., Tiat thne Senate do not advise and consent to the appointment of Captaefl" -.lnarile s W.oils,ou:ncct. to be,' i'ajori' in the first regiment of artillery in the army of the Uniteti..tates; because, ti- e said proposecd promotion is irregular, and not according to the estahiishe".:i;le of' promotion'Arhn on the question to agotec tiher.eto, it was determined i1 the affilrmative-yeas 23, nays S.. Te e S h iele l Iook beyond. the question Of the meere fitness of the nolinee,:;to elc jroli-ry of t he nonmination, - z82f, Ap il ld;. -On lnotion of Mi-r. P.ea-sants,.Re9sove~,' Th- a t te Secretaiy of th e:Nav y oe instructed to communicate to th e Senate, as soo:.: -.s -practicable, inoirmation on the foillowing points: In what situations, and Jbei wmi;t,'aesomma.ztong ap-poointtmemms of officeins a.e made in the TNavy Departmllent; whether it is common -or suc;.;; ppointments to e —tend beyond a session of Congress; whether an olficer placed by an acting.jipointment i an a vanced grade, receives the pay aind emoluments of such grade; and whether c:u.ch oticer, tom ninated to the Senate, and ijected, will revert to his prior rank and station."' 822, April 1. —A letter was received fi-om the Secretaly of the Navy, in compliance with'.he above.''"1830, April 5. S rm. Barton submitted the following motion; which was considered, nan-tv r:~?'eed to: 6.Resolh, a, Tha. the President of the United States be requested to transmit to the Senate any ecord or other ioriomation in the Department of WVar, or before the President, respecting the cnvicti on of T.alriton Roector of any crime in Missouri, before his departire for Arkansas, or muachino hlis fi tness ifr the ofice to which he has been nominated; and any other evidence itu,;e Department relative to the fitness of Wharton Rector for the office of Indian agent." "Apri! 1S.-The President (Gen. Jackson) complied withl the above resolution, by transmitting: -: report, &c., from the Secretary of War.'' "April 12.-Mr. Burnet submitted the following motion; which was considered, and agreed to~ "Resoolvd, That the President of the United States be requested to lay before the Senate any vacmmunications no w in the Department of State, touching the character, conduct, orqualifications: f Jmohn Ha. lonl, made while the said Hamon was an applicant for reappointment to the office 6f marshal for the district of Ohio, in the year 1822. " I April 27, 1830.-The above resolution complied with by the President." In 1822, President M onroe nominated Mlr. Gadsden as adjutant general, and.!essrs. Towson and Fenwick as colonels, and the Senate looked behind the

Page  8 nominations into thle question of superseding; and although it appeared that htiw nomninees uere galant officers, fully competent gbr thie stations fbr which ibey were named by the President, they were not confirmed,. essrs. Gadsden anl Towson were rejected, and the nomination of'r. Fenwick was then wi'lldrawn, On the 10th of April of that year, the Senate adopted a resolution instrucilnm; the Secretary of the Navy, amonL st other things, to communicate~ in 1EXecultivL; session, " in what situations, anld for whaut reasots, acting. appointmlents i; i' officers in the Navy Department had been made." TIn 1826, the Senate passed, without objection, a resolution callinu " for.aioiyintbrmation tending to show the propriety of sending a minister to Panama.ma In 1839, March 2l, the IHouse of Representatives adopted a resolution requeest>i;ig the President to lay befbre that House " a list of all the oificers o0 the Gov-Y emrinent who derive their appointments firom the nomination of the President aitI-. concurrence of the Senate, who have been removed fi'om office since tile O3d oA Marchl 1 789; denoting1 in such list their number and grade, and the dates o1" tlheir respective removals; also, a like list of the names of those officers x hol,, their terms of service being limited to four years, were not re-nominated to thbe Senate at the expiration of their commissions." I.residtent Van Bulren responded to the call, and Ifurnished the iitbrmatiio,. tequested. On the 16th of July, 1841, the House made a similar call upon iPresiceAt;. Tyler, by a resolution requesting him to lay before the House "a list of all.id - oAicers of the Government, who derived their appointment firom the nominaio.nc0 ao the President and the concurrence of the Senate, vwho have been reinovts.i koin office since the zth of March last, denoting in such lists their names man gradies, and dates of their removals, and the appointed persons in their plactes' also, a like list of the names of tllose wlhose terms of service being limited to _lbur years, were not re-nominated to the Senate, and a like list of the names oat tlhose nominated in their place; that lie also report the tiames of all office'st vemov:ed, under similar circumstances, from the 4th of Alarch, 1.82-9; to the'-tt oMf E'arch, t84."' To this call, also, the President responded, and thus recognized, in the amplest:nanner, the right of the 1Hfouse to make it, The great qcuestion of tile power qf removal, by the, President, of officers, appointed by and with the advice and consent of the Senate, has repeatedly engaged the attention of Congress. It came up in the first Congress under the Constitution, in 1798, and was much deJated in that body. It arose upon a Aleesolutio n offered by AtLm. Mladison, " that there shall be establish-ed an executiv>e epartmeent, to be denotminated the Department of Foreign. Affairs, at the head. of which there shall be an officer, to be called the Secretary of the Depdatmecltn oif ForeiTn Affiiirs, who shall be appointed by the President, by and with tht:advice and consent of the Senate, a1nd to be removable by the President." AfteA: )rotracted debate, it was finally settled, as the sense of the majority, by th-, -adoption of the resolution, that the President possessed the power of removal:older the Constitution. This decision was made in opposition to a very detetrs -tined minority, who insisted that the Constitution conaferred no suchlpower oi:-:lhe President, but, on the contrary, withheld it. It 18n 6, a select commitlee was iaised in the Senate, of whiell the distin — guished Senator fr'om l Missouri near me [Mr. BENTON] was chairman, to whoatms A'was referred a proposition to inquire into the expediency of reducing the patron ago oft tie executive deparm'ment of the United States. The com-mittee, laving given tiIe subpect consideration, made a report, at a subsequent day in. the session:.

Page  9 marked with great ability. Thle authority of Congress to regulate by law, anl control the patronage of the Executive, was assumed as an indisputable propositiono Amongst the bills reported by that' committee was one which coaltatine d the provision "that in all nominations mrade by the President to thle Scn:t. i,) fill vacancies occasioned by an exercise of the President's power to relmnoil;: fi'iotl ofice, the fact of the removal shall be stated to the Senate at the same tilo.e, l;iltt' the nomination is made, with a statenment of the reasons tfo which suetS of-cfic'l, may have been removed.". iMr. DAWSON, (in his seat.) Did that bill pass? 1r. BRADBURY.. It did not. I rletir to tile bill as an explreiCs;.0l P!e tle opinion of the distinguished Senators who constitulted that committee, irn fhvoJ: of the power of Congress to require of the President not only illlolatioiri::lt:; r'easons for removals fromn office. The committee consisted of Messrs. Benton, MAIacon, Vanll uren, D iclK:sno~i, Johnson, and White. The bill was not called up, itn consequence of Pti+ i}V health of Mr. AMacon, who moved the raising of the commllittee. in' 1830, the subject was discussed in the celebrated debate upon lb,oil;(:o: resolutions. During the session, AMr. Holmes, a Senator frolm'Nlaine, ot:tieW e. series of resolutions expressive of his views respecting thJe subject of reoi; ),als. One of the resolutions called upon the President " to commulnicate to the Set.- t hile numlber, narmes, and offices of the oficers removed by [lirn since the laste s:;+,>:i of the Senate, with the reasons for each removal. The resolution was peoin (~nm indefinitely-24 to 21. Some of the other resolutions contained statelmea-ts lWai; must have been offensive to the najority, and for whict they could n.not vil,: hence, no inference can be drawn firom the vote to postpone that those so:;,tine would be opposed, on a proper occasion, to a call for inlformlation, Mr. DAWSON. Which of the resolutions was ofiiensive? 3i1r BRADBURY. That which undertook to pass judrgment u'pop,;i (liPresident, and to condemn his conduct. Mr. MANGUM. Will the Senator be so obliging as to read the yeas s, _ d nays? MIr. BRADBURY. They are not given in. the book whicll I hlave. I ly hand, or I would comply with the request of the Senator with pleasure. Mr. DAWSON. I have them here. WVill the Senator allow the Seacem:;o read then? They were then read by thle Secretary. Mr. BRADBURY. It assuredly could not be expected that any friend ca'fli: Administration of President Jackson (such, fbr instance, as the distin1g-1i.n sii'd Senator from Missouri) would vote for a series of resolutions assaulting'<s;a-;: Administration. Mr. BADGER. I beg leave to say that the motion was to postpone inJ>e initely. A gentleman who was desirous of passing any of the resolutions, si.. pinb them of their offensive matters, would of course vote against their posyprmnmnent. Mr. BRADBURY. I presume those who voted in favor of the postp.le cment were opposed to the resolutions as they stood, and those who voted ag.:.!..; it were in favor of them. And I am happy to finrd that there were se~:c distinguished gentlemen who occupied seats on the other side of the Chame::be.some of them now in the Cabinet or members of this body-who then recogzel -~bii the right to call upon the President for reasons even iba his conduct. There is another circumstance which distinguishes the present call front tr.a:.a of 1830. During the debate at that time, the position was maintaited th:a.:;;-:

Page  10 10 chiange in the chief executive office of the Union, by the people, would be appropriately followed by changes in the subordinates. No imputation of dereliction from duty was then charged upon the officer removed. In 1835, the attention of Congress was again called to this subject by the distinguished Senator from South Carolina, [Mr. CALHOUN,] who moved the appointment of a committee to inquire into the extent of the Executive patronage; the circumstances which have contributed to its great increase of late; the expediency and practicability of reducing the same, and the means of such reduction. The committee was raised, and their chairman [Mr. CALHOUN] accompanied their luminous report with two bills, one of which, entitled "A bill to repeal the fist and second sections of an act to limit the term of office of certain officers therein named, and for-other purposes," contained a section similar in its provisions to that which I have just read from the bill reported in 1826, requiring that the President should send to the Senate with the nomination to fill a vacancy occasioned by removal from office, a statement of the reasons for such removal. The bill passed the Senate at that session; and on the question of its passage to a third reading, the vote stood 26 to 15. On its final passage, on the 31st of February, the yeas were 31, nays 16. Amongst the yeas are Messrs. Benton, c>l.houn, Clay, Mangum, and Webster, now membersof the Senate; and Messrs. Clayton and Ewing, members of the Cabinet of President Taylor. )Mr. CLAY, (in his seat.) I would vote for it again. Mr. BRADB URY. I understand the honorable Senator to say that he would vote for the bill again. That bill goes to the full extent to justify the call we now inak;e and I am happy to have this high authority to appeal to. I trust it will bee conclusive on the other side of the Chamber. We have, then, a right to -e1qand not only informnation, but reasons. Mtr. CLAY. Not so. Will the honorable gentleman allow rme to protest a;tgainst his logic? I voted for that bill to make it the law of the land; and I w ould vote for it again to make it the law of the land, covering the presenit A i iiin str tiol and all future Administrations. But that is a very different case 4einnz a resolution, which is not a law, calling for information, instead of its being Opemand1ed by a valid enactment of the Legislature.;1r. BRADBURY. If it is an infrilgement upon the constitutional rights of the President to call for information or reasons touching his exercise of the power -f creoval, a bill passed by Congress cannot remove the impediment. If bothi IHouses can pass the bill, the Senate can make the call. I therefore ask the on1orable Senator, if there is, in his judgment, any constitutional impedimelnnt'in ihe way of calling for the information sought by the resolution. I understand the distinguished Senator to assent to the position that we have such right. If tle President possessed the power of removal conferred by the Constitution by a specific grant, in such manner that the Senate had no right to call upon him, an act of Congress could not give the right against the provisions of the Constiati on. I am now considering the question of authority, and not that of expedieny. I have, then, in the declaration of the Senator in favor of such a law, a frll recognition of the right of the Senate to pass the resolution. I think, then, in view of this high authority, I may assume that the Senate possesses the right. It may be proper here to remark, that I find amongst those who voted against the bill to which I referred a few moments since, the names of several distinguished men, one of them now a member of this body-the Senator from Alabama. They may have voted against the bill for other reasons than any objection to the section to which I have referred. They may have been opposed to the repeal of the provision prescribing four years' tenure to certain offices. How the fact was,

Page  11 II will not undertake to say; but certain it is, that every individual who voted for, ihethe r bill reconized the authoriig fo pr ty of thes Senate to make his ofcall. In mancoy?" the cases to hich I have referredir and in both of the bills reported to the Senateid {-~~~~~~~~~~ Y'the President is called upon for the peasone for fmaking remova, ws ls. This is gfeecti. An much firther than to ask for iiforaio; and I can with fid elity a ined god aithere mighto:. -.molved, theo only remedy wa3 to sej'ect &:ep ho,rt4fi, se~ who1t mi1g'ht be ~mm'krmted by the~ Presiereqt to fil be is pldelicac., Tsy in demanding of another branch of the Governmentnd, third, and reason on AD NF U.or the exercis te of its power in a particular mannero ct, while no such objecmtion we should arise against a request for information.t t While Upon this subject, I be0 leave to refer to authority which will have gre at weig-ht, if it is not absolutely conclusive, upon the opposite side of thre.. Chamber. Irmean the deliberate and matured opinion of the members of th present sabinet,who will have occasion to advise with the President on the subject and who may be supposed to express his sentiments. I will first read a short nextract fri- S abom a speech in o the Senate iorn 13, by the distin aUished Senator from Delawar. now Secretary of State. He says: s"The Senate ougt tho know the giruds on which remoivalsiom are pubi c the Presidenti hould tell the Senate ist waentso, nacot t of poiticale s precates, of e, in his place as a Senator, ould voe tio EJEuT EVERn - d i s I ATr O Mae to f ilt tis, place, adbot indivdt.l chaater awold asthe. ihether tli y we!:ere acting for patby th dactat es of their country Ana?, t) Un.t a iter speeaTh o uld hir. Clay s...oton said:e i;':ese cts q/'&.En~r ccu.b S,^tl~:e —if' the Viev.;s' of so;me holnor~abl^e Sen~l47'&3v shou~ld be,':''owed~l vand~ the Senathe Onty com, tol fi Senate had otvel the powe of' remcvai, l as the ight of rejectid suesso.!And a meriton'ous offic-r, wo o had uischargad his duty Wotol fide hty and good fai th,'-houid be ovdth, o& m"redy vwas to reject'ie i hetls,'ooit'o' v~igt be mosnieatet tby tie Piesideten to fitl hve place, Aso — THI 11ee Y ouLD Do-reiectnoc the tioat second, third,'end so on AD INFal UotU. s i, ifs te "iax toi oie a talI do authe oritel of lie coe, stand without inf rantio 1-esnubd. nt o1 M-OWow io to ae't." io~~~~~~~~~~~~~~~~~~~~~0 tJie p In T iset thhe eaite depat- mh sent iof the Gvteore, ate, it woldnator fe ot ty to ee e no.t o wc as been presented to ill vacancies oei tly nicist tb t I Sentteo, aenuis t thei - no emv sL a d io apu intra tio hen rlem~anide~!_ This~'i authlorit~y m~ay\\ >e. felt to be obligratory by gentlemen syTmpayilzing a irti the Ainstnistnation. ay no t th - eto pe, tohe i e d e, todatonshod they notwill ai consCietios nen, in disco-eir"'- of i' Iiiws tiost) afet-limsn both individual cilaracter cand thre in pa-s i n g' tli on rsespeolniti oen, ao that t hened by nt hel contrain ed ofy their authowit ofS the C 1binet to.eie t th.ae.J P r esidentijs noc itnatios:aosoeie poae' ove r.ely upon their W id tunde cir cumstanc es so exceYedingly peculi ar? sl. t inquiry irelates to xo cttnie b1snor'c ess, an should ol be consid- the o a sre od i e sec re t sesiz? I anSwer' sily' ths e qinlormation oe sek is o of a pu blicesor N,,ci harai te. e a e i'to in m at, o s uaplosittion, fls as laoe - beenli' m ade and.r a i'P.-lne'I itia'x'ttctpe'm tof Gvroit it, wVotld be, our filed in e thee exe cutive depa rtm ents, affeetin' the pu blic a nd private character oof utyr fello itizenIs, by hil a pwhletext as been furnishted for irivcancies occa them i daisgrtace 1from public office.. Thre Pr1esidlent hasld not kept silent. Byr his innodL v ol unlees the re nt fiof te gonds upolic removalse shoul be made, t he infemovalt demain tt -!dd a i'-~ a t" ay c f It to U eL olgatory by gentlemen synlipatias be' on v rted int o a publi assauly t u pon the character oftat the officers disni pas~snvr' th rosc'lnto, othat they may nlot fee-l constrained by tile authority of tie Cabint to reject tlim- President's nominat-ons "a civ oi/ i-ttiton?" Iday I not rely upon tl"cii' aid untes circumstances so excekedingly peculiar? 15 iit sal1 t' cOO1 inonli'yrltstfxclr uies and should be considlaced; see sso answer, that teeans f vinfodicrmation we seek is ofuld be a public as the assault. I have character. if I cooT ricelit in my supp)osition, false charges heave been made andi sucfled in the es.ct r tloe dePresidtment tsat believe he public aslnd private idcharacter of screening ouyr lfelelo wc tens by led hiclself to te lisraceful employmentrnished for d abri caving th in disgrace from public office. The President has not kept silent. By his annonucoevnet of the ocrounds upon1 which removals should be made, the removal has been converted into a public assault upon the cilaractor of the officers displaced; and the t-ncans of vindication sh Doul d he as public as the assault. I have, suich respoect for tile President that I believe hie would scorn the idea of screening any libeler, whlo should lend himself to the dligraceful employment of fabricating:

Page  12 12 unfounded accusations wherewith to blast the reputatio- of his neighbors, for thle sordid purpose of securing to himself their placeso No; he would say, as every honest man would say, let these things be brought out to the light of open day — let us tave light. Let us know precis~ely hlow these thlings are. If oiTce-..holders have been guilty of a dereliction of duty-i' they have been wanting oII integyrity, capacity, or fidelity they ought to be ejected, and their places filled by better men. But let us not be guilty of the inustice, when men are con o denemned and sentenced publicly without trial, o wttildno!dg or keeping secrer ihe nieans of their vindication. No friend oft the Administration should ask hiis of the Senate; and if asked, it will, I believe, be indignantly refused. Itr. BADGER. W ill the honorable Senator firo1m'Maine give way to r. motion to adjourn?'tr. BRADBURY. I shall have finished what I lhave to say in a short; time, and I will not trouble the Senate to adjourn. Rfiemovals fiomn office under the Acdministration of President Jackson hav-e; always been fa i'uitfui topic of remark. He came into the Presidency after 8 struggle which convulsed the country, and finding tie ofices generally held by. his opponents, some of them were removed, and his ri'iends put in their pla es Upon this, tle cry of proscription was raised, and the press teemed with tbhe imost bitter and indignant denunciations. No language was too stronrg,.no rebuke too scathing, no term of reproach too, to'0ss to be heaped upon the head of the venerable President, for having removecs certain officers of an opposite political party, and appointed his political friernIis hi their places, still leaving in office a great body of the former. As an exampole of the style of remark which was adopted on thatb occaSion, I will read briel extracts friom a speech made in the Senate' of the United States by a Senntort Jfom Missouri, Mr. Barton. He said: We did not dream of this reckless proscription for opinion's sake that now makes the albiO,ook pale!-of this ravaging persecution bor the exercise of the. high and sacred right of election~ which now tears the vitals of this republic. It never entered our imagination that a combinationl guided'by the fieids of party discibpliie, office-hunting, and vote auctionecring, could so soon cos-. Vert the high and happy privilege of free elections into a species of contest for victory and vengeance, and the presidential elections of our country into the sackgin of cities by the tr aops <f Sto varrow, and the offices, and the honors, and the emolumentes of our country, into the mete spoils of baibarioat war!"' Again, in the same speech, ihe compares thel riemovals ~ to the sackling of provinces by lTartar hordes, and the offiees, and honors, and emoluments of oui. Government, as the spoils of Scythiian war! And wo to that minister who lia.s advised the President to such an anti-republican course Itl were better be: him that he were fitted for Heaven, and a mill-stone tied around his neckl and he thrown into the Potomac! The days of the present delusion will pass away, and the votaries of constitltionlL liberty be again seen in lhigh places." And now that the " votaries of constitutional liberty," whose denunciations of proscription have so often been heard, are seen in the high places, I propos,; to compare and contrast the conduct of President Jackson's administration, upon the subject of removals, with what is now going forward, and to see how the ledges which have been given have been redeemed. It was charged against President Jackson, that when hie had been in office a year, the reports of the executive departments, together with the reports ofthe Postmlaster General, bore witness to the removal of more than six hlunclled officer during the first year of his administration, and that the removals fiont the deputy post offices alone, from March 4, 1829, to Jlarch 4, 18,30, amounted to the number of 491.! I presume that there were removals of subordinates not embraced in the estimate first named.

Page  13 13 It. was this proscription of more than sIX HUNDRED officers in a year-of'ouIrm ITUNDRED AND NINET"Y-ONE' postmasters alone in a year-whicll brought upon President's Jackson's head the denunciations to which I have alluded. How stand the facts now-?. It is difficult for me to ascertain with accuracy what has been done; for the organs of the Administration in this city (and it Ls understood there were two or more) did not choose to give, or could not find space for, a full record of all the victims that fell beneatih the axe of an Administration that was to: proscribe proscription." The Postmaster General furnishes some data in his report. He says: The number of postmasters appointed within the year ending June 30, 1849, was 6,330. O0 lhat numberI.,782 were appointed in consequence of resignations; 183 were appointed in consequence of deaths; 984 were appointed in consequence of changes of site of office; 2,103 were appointed in consequence of removals; l1 were appointed in consequence of commissions expired and not renewed; 92 were appointed in consequence of commissions renewed; 23 were appointed in consequence of becoming presidential, by income exceedin-g $1,000. 9Q1 were appointed in consequence of new oftices. Two thousand one hundred and three appointed in consequence of REMOVALS alone for the year ending uJune 30, 1S49! That period embraces four months under the present Administration, and eight under that oftthe preceding. 1 am informed that very few of the removals Nwere made prior to the 4th of AMarch. If we assume the number to be a hundred, we then have, during less than four months of the present anti-proscriptive Administration, about Two THOUSAND removals:in a single department in that department alone the'removals were at the -rate, of FIVE HUNDRED per month! —more in a single month than under the vwhole of the first year under President Jackson I If the work has gone on at the samne rate since the 30th of June, we must have some FIVE THOUSAND in the Post Office alone. Whether t is is the case or not, we have not the means to know. A response to the resolution will give it. I think it due to remark, tlhat in some of the departments, I believe a tmore liberal policy has been pursued, and that there has been an effbrt fairly to observe the pledges upona wh!ich the Administration came into power. I d(esire'to do no injustice to Ithe President, or any member of the Cabinet. In other departments, fi'om the best means of judging we have, a clean sweep appears to have been made. I iknow that in the State which I have the honor to represent inl part, nearly every osffier holding his office underl the President's appointmlent, iias been removed. I now recollect but a single exception. There may be others, but if so, very few indeed. There are hardly exceptions enough to prove the rule. No one acquainted with the individuals thus removed, will say that they deserve thle imputation of want of honesty, capacity, or integrity. L know most of them personally, and it is but an act of justice that I should savy thiey are men of honor and character, justly entitling theni to confidence an1d respect. [n regard to what has Ibeen done in other States, I will not undertake to speak with confidence. To whlat extent this work of' reform" has been carried mnay be better known to others than myself. I have seen statements which swell the grand aggregate of removals, since the.accession to power of the present Administration, to mrany thousands-so many that I will not repeat the number i.est I should do injustice. I seek by the resolution to obtain accurate informationl on this point. It is a circumstance that cannot fail to arrest attention,that while the Adtin

Page  14 14 istration has at its head a President who won the reputation which led the way to the Presidency, in the late war with Mexico. the veterans who sustained him in that conflict seem to have been marked for proscription with fatal precision. I will instance the gallant Lane, of Indiana, dismissed from the office of Governor of Oregon, bestowed upon him by the late President, with the approbation of the whole country, after his return from honorable service in that war. Can'the honorable Senator from Indiana now near mle [Mr. BRIHT] inform the Senate of any just cause for this act of proscription? Colonel Weller, one of the first volunteers for the war, after faithilil service under the immediate command of General Taylor, and Colonel Geary, another brave and distinguished officer, share the same fate. The honorable Senator from Mississippi, now before me, [Mi r. FOOTE,] will bear witness that some of the most devoted patriots have been immolated in his State. Captain Blythe, upon the intelligence of the perilous situation of our army, was one of the foremost to hasten to its rescue; and his reward for his patriotism has been a dismissal from office. I might refer to Colonel Biutler, of Florida, whose brilliant services under General Harrison and General Jackson, and a long life of fidelity to his country, lhave proved of no avail to save him from the axe; and to Mr. Haile, of New York, dangerously wounded at the battle of Lundy's Lane, and left for dead upon the field, removed from an office bestowed upon him for his merits and his sufferings, and to which his claims had been respected by every Administration from his appointment to the present. But it is not my purpose to go into the consideration of particular cases. Time would fail me should I attempt it. I wish to direct attention to the GRAND RESULT. The evidence of the extent to which the work of proscription lhas been carried, is on all sides; and it is worthy of notice, that while officers are removed who are invaluable to the public, some of the departments here are calling upon Congress for additional force. I beg leave to suggest, M1r. President, that it might be wise economy to restore the forimer efficient public servants. Let us know, Mr. President, the extent to which this system of removals lhas been carriedo Let us understand precisely what has been done, and the evidence) if not the reasons, upon which the policy has been pursued. Are these removals made upon the ground that the officers removed were political partisans? Is it not notorious that the new appointments are friom the most active and zealous partisans to be found?-from those who claim the offices as a reward for their partisan services? Political partisanship a disqualification It is the very evidence that usually makes up the case upon which the appointment is demanded Is it to punish interference with elections? Why, then, are officers retainedafter their notorious interference in favor of the powers that be Is it to equalize the offices? flWhat principle of equality has been regarded States where Democrats are expelled, and Whigs alone are appointed to every place of profit or honor? Is this sweeping proscription of one party, and this undiscriminating reward of another, the no-party entertainment to which the President and his friends invited the people previous to his election? Is this what was meant by the declaration, "' In no case can I permit myself to be the candidate of any party, or yield myself to party schenmes 7" Is this the way in which it was intended to carry out the distinct and unequiv

Page  15 15 ocal assurance,'"The good of all parties, and the national good, would be rmgreat and absorbing aim?" Is this the way it was designed to redeem the pledge, "Should I be elected to that high office, (the Presidency,) I should deem it to be my duty, and nmost certainly claim the right, to look to the Constitution and the high interestof our common country, and not to the princij)les of a parly, for my rules of action?T' Is this the way it was intended to carry out the assurance, " I have no pri;at'e purposes to accomplish-no party projects to build up-no enemies to punislah nothing to serve but my country?"'; And is it the fact that the Whig party and the Administration, after all theli professions and pledges upon the subject of proscription, have confessedly adopted in practice the doctrine so loudly reprobated and denounced by thema "that the offices of the country are the spoils of party victory, to be parceled ot amongst the retainers of the successful party?" If so, let it be avowed, and I will not press the resolution. If any friend of the Administration'will, in his place here, on its behalf, candidly acknowledge that these pledges and professions, made previous to the election, and reaffirmed in the Inaugural Address, have been violated, and that "' Denmocrats are remov ed because they are Democrats, and not for moral or official delinquency,"-if he will make these frank admissions, and thus relieve honorable and honest men who have suffered proscription for their political opinions from the uniust imputation of dishonesty, infidelity, or incapacity, I repeat, I will not ask for the adoption of the resolution. Befbre resuming my seat, I desire, Mr. President, to be distinctly understood upon one point. It is not the policy of making removals that I assail or call ail question. It is the inconsistency between the professions and practice of the party in power-the breach of faith'solemrnly pledged to know no party, and to make removals only for cause, followed by a general expulsion of Democrats. with an imputation of delinquency thrown upon them. It is this of which I complain, and not of the propriety of an administration employing those favorable to its principles to carry out its measures. Having thus shown, Mr. President, as I trust to the satisfaction of the Senate. that the information requested by the resolutioni is necessary, that we cati; appropriately ask for it, and that it is due alike to the President and to those whose reputation should be vindicated from the imputation arising from the'li dismissal from the public service, I will trespass no longer upon the attentioe of the Senate.

Page  16

Page  1 CORRESPONDENCE BETWEEN THE BRAZILIAN GOVERNMENT.AND THE BRITISH LEGATION AT R1IO DE JANEIRO, RE LATIVE TO THE ACTS COMMITTED BY VESSELS -0 WAIt OF H. B. M. AGAINST BRAZILIAN VESSELS, UNDEPR TH1E PRETEXT OF THEMtR BEING EMP!LOYED fN THE SLAVE TRADE. TRANSLATED FROM THE PORTUGUESE1, ND EXTRACTED FROM THE REPORT PRESENTED TO THE LEGISLATURE OF BRAZIL BY THE SECRETARY OF STATE FOR FOREIGN AFFAIRS. CAPTURE AND BURNING- OF THE BARK SANTA CRUZB NOTE NO. 1. No. 1.-Rio de Janeiro. Department of State for;Foreign Affairs, January 10, 18,50. An account having appeared in the public papers of this city of the 8th inst,, of the capture by the English steamer Cormorant, of the Brazilian bark Santa Cruz, which left S. Sebastian on the 2d of this month, for this city, and which vessel the English, after putting on shore her crew, burnlt with a11 her cargo and papers, within sight of the shore; I would request Mr,. J. Hudson, Charge d'Affaires of H. B. MI. to favor me with all the particulars concerning this affair, which have come to his knowledge. I take this occasion, etc. [Signed9] P. J. SOARES DE SOUZA. To MR_. HUDSON. NOTE No,, 2. No. 4.-British Legation. Rio de Janeiro, Jan. 11, 1850, Exe't SirI bad the honer to receive a note from yer Exc'y nndeor No. 1, dated to-day, with the communication that tmie paubi

Page  2 2 papers in this city published on the 8th inst. had declared that the English war steamer " Cormorant" had captured the Brazilian bark Santa Cruz, and burnt her with her cargo and papers; and requesting me to furnish your Excellency with whatsoever information I could command concerning this event. In answer I have the honor to inform your Excellency that I shall not lose time in forwarding your communication to the Admiral in command of the nava1 forces of H. B. M., upon this station, etc., etc., [Signed,] J. HUDSON. To His Exc'y P. J. SOARES DE SOUZA. NOTE NO. 3. 1-Section No. 10.-Rio de Janeiro, Department of State for Foreign Affairs. Febr. 12, 1850. The undersigned, of the Council of H. M. the Emperor, Senator, etc., etc., received the note which Mr. Hudson, Charge d'Affiaires of H. B. MI. addressed to him, under date of 11 Jan. last, informnhg him that he had forwarded to the Admiral in command of the naval forces of H. B. M. upon this station, the note w]hich the undersigned addressed to him, under date of 10 of the said month, requesting particulars concerning the fact published in the papers of this city, that H. B. MN. steamer Cormorant had captured and burnt the Brazilian bark Santa Cruz. At a later period the undersigned received information from the President of the province of S. Paulo to the effect, that in reality the Brazilian bark Santa Cruz, bound from C'antos to Rio de Janciro was captured by the Cormorant, and burnt offl the Alcatraz-s, her crew having been put ashore. The undersigned will not pause to analyze the character of this act of vandalism. It is sufficient to notice that it violates and transgresses even the act of the British Parliament of Aug. 8, 1845, which was not acknowledged by the imperial government, nor ever will be, and against which it protested and still protests. By that act the vessels captured are to be tried by the High Court of Admiralty, or by any tribunal of Vice-Admiralty of H. B. M. Any vessel condemned under that act may be bought for [1. B. M's service, or if not bought, may be totally dismantled, and her effects sold at auction, etc. In the case of the Santa Cruz, no judgment was given by those tribunals, but the will and pleasure of the commander of the Cormorant was made a substitute for it. Instead of being sold or dismantled the vessel was burnt. According to these measures, the coasting trade of the empire is

Page  3 3 placed, not only at the mercy of foreign tribunals, forcibly imposed, but at the discretion of the incendiary torch of the commander of any British cruiser. The guarantees which tribunals afford, if any, are effaced by the arbitrary will of a single individual; there is not even a semblance of justice left to save appearances.'Phis scandalous abuse of power, only applied to a weaker party, there being no instance of its application to those who have the power to resist, and wounding deeply the spirit and dignity of the nation, has produced a general burst of indignation against such oppression and violence, and is calculated to cause a reaction in the opinion pronounced against the traffic, and without the aid of which the means taken to repress it, will nearly always be frustrated. The undersigned has received orders from H. M. the Emperor, to protest, as he now protests, in the most formal manner, against the capture and burning of the bark Santa Crulz, and to claim from the government of H. B. M. the exemplary punishment of the commander of the Cormorant, and the issue of an order against the repetition of a similar occurrence. And furthermore, the undersigned urges a claim of indemnification to whom it may concern, for the damages caused by said capture and burning. The undersigned etc., [Signed,] P. J. SOARES DE SOUZA. NOTE No. 4. No. 12.-British Legation, Rio de Janeiro, Febr. 19, 1850. The undersigned, Charge d'Affaires of H. B. M., received from Sr. P. J. Soares de Souza, Minister and Secretary of State for Foreign Affairs, a note under No. 10, dated 12 inst. In the note Sr. P. J. Soares de Souza acknowledges the receipt of one from the undersigned, dated 11 Jan. last, in which he communicates his having forwarded to the admiral in command of H. B. M. forces upon this station, the note, which Sr. P. J. Soares de Souza addressed to the undersigned on the 10 of said month requesting explanation of the facts published in the public papers of this city, to the effect that the Cormorant, war steamer of H. B. M. had seized and burnt the Brazilian bark Santa Cruz. Sr. P. J. SOARES DE SOUZA goes on to remark to the undersigned, that he received information from the President of the Province of S. Paulo, according to which, the Brazilian Bark Santa Cruz, having left Santos for Rio de Janeiro, was seized by the Cormorant, and burnt near the Alcatrazes, her crew having been put on shore. Sr. P. J. SOARES Dr SOUZA then proceeds to analyze this seizure; he declares it an act of vandalism, and that it violates and exceeds the act of the British Parliament of Aug. 8, 1845, against

Page  4 4 which the Brazilian Government did protest, and again protests; he recapitulates some of the provisions of this Act of Parliament, and draws from that recapitulation, the inference that in the case of the capture of the " Santa CruzX,' no judgment was given by the tribunals established by the Act of Parliament, and consequently that the coasting trade of Brazil was now not only placed at the mercy of foreign tribunals, but subject to the arbitrary incendiarism of any commander of a British cruiser; that the proceeding of the commander of the Cormnorant is a scandalous abuse of power exerted only against a weaker party which wounds the national feeling, and raises a general burst of indignation against such oppression and violence, and protesting in the name of his master, the Emperor, against the seizure and burning of the bark Santa Cruz, demands from the government of H. B. M. the exemplary punishment of the commander of the Cormorant, Her Majesty's vessel, and the issue of orders necessary to prevent the repetition of a similar act; and he likewise puts forward a claim for indemnification to whom it may concern, for the losses caused by the seizure and burning of the Santa Cruz. The undersigned, in answer, has to observe, that, as already said, he was requested by Sr. P. J. Soares de Souza to furnish to the Imperial government, information relating to the capture and destruction of the bark Santa Cruz, and that for this information he addressed himself to the competent British authority, but that he now concludes that the Imperial government does not consider it necessary to wait for information upon this subject, having already addressed to the undersigned a protest against the capture and burning of the Santa Crux. The undersigned in answer to this protest of the Imperial government, would observe to His Excellency, Sr. P. J. Soares de Souza, that the bark Santa Cruz, was seized on account of being engaged in the piratical traffic of slaves, and was destroyed in consequence of being unseaworthy and incapable of undertaking a voyage to the nearest British Vice-Admiralty Court, in order to be tried. The undersigned has to observe to Sr. P. J. Soares de Souza, that the captor of the Santa Crnez is a competent judge of the piratical character of any vessel whatever; and that he is competent to determine in view of existing proofs, whether a vessel with a slave deck, and fitted out for that trade, is employed or not in that piratical trade, and that the captor of the Santa Cruz is moreover authorized and instructed by an Act of the British Parliament, based upon Art. 1, of the treaty for the suppression of the slave trade, concluded between Great Britain and Brazil, Nov. 23, 1826, to proceed with such piratical vessels, as this Santa Cruz, in such a manner as he may consider best calculated to carry out the intention of the high contracting parties, and most in accordance with public justice. It is nevertheless, the duty of the undersigned to point out to

Page  5 5 Sr. P. J. Soares de Souza, that His Excellency is laboring under a serious mistake in supposing that the destruction of this piratical bark Santa Cr'uz, exonerates the captor from the obligation of making a statement of the fact before a Court of Admiralty. The case standing thus, it is hardly necessary for the undersigned to observe, that he cannot admit the validity of a protest, ostensibly based upon internation:l law, being as it is, put forward for the benefit of a known slave vessel, openly employed in an infraction of natural law. Nevertheless, the undersigned in fulfilment of his office, will transmit to his government, a copy of the note of His Excellency, Sr. P. J. Soares de Souza, in which he protests against the seizure and destruction of the piratical vessel Santa Cruz. In conclusion, the undersigned would observe, that a statement of all which took place on board the Santa Cruz, before and after the landing of her cargo of slaves, must hlave come under the cognizance of the Brazilian authorities; and if the undersigned is not mistaken, it was taken to the minister of justice on the 16th of last month. The undersigned cannot, however, refrain from expressing his astonishment, that without a due and scrupulous enquiry, His Excellency, P. J. Soares de Souza, should have addressed to the undersigned a protest in the name of his master, the Emperor of Brazil, regarding an affair like that of the Santa Cruz. The undersigned, etc., etc. (Signed,) J. HUDSON. NOTE No. 5. No. 20. British Legation.-Rio de Janeiro, March 18, 1850. Excellent Sir.-Having communicated to the Admiral in command of the naval forces of the Queen at this port, the note which your Excellency addressed to me under No. 1, dated Jan. 10, in which your Excellency desired to be informed concerning the seizure and destruction of the bark called the Santa Cruz, by the war steamer of H. M. Cormorant. I have the honor to make known to your Excellency, that I am informed by the Admiral in command, that the Santa Cruz was seized for being employed in the slave trade, and destroyed on being found upon a minute examination, entirely unseaworthy and incapable of reaching St. Helena in order to be tried. I take, etc. [Signed,] J. HUDSON. To His Excellency, P. J. SOARES DE SouzA.

Page  6 NOTE No. 6. No. 18. Rio de Janeiro.-Department of State for Foreign Affairs, April 16, 1850. The undersigned, of the Council of H. M. the Emperor, etc., had the honor of receiving the notes of date, Feb. 19, and March 18, addressed to him by Mr. Hudson, Charg6 d' Affaires of H. B. M. relating to the seizure and burning of the Santa Crunz. The undersigned addressed himself to Mr. Hudson under date of 10th Jan. last, requesting from him information upon that event, (which to him appeared unworthy of belief,) not possessing any himself, and Mr. Hudson contented himself with answering under date of the 11th of the same month, that he had forwarded the note of the undersigned, to the Admiral in command of H. B. M's forces on this station. The undersigned, however, having afterwards received communications from the President of the Province of S. Paulo, which certified the existence of the fact, (the seizure and burning of the vessel,) a fact which Mr. Hudson acknowledges in the two notes mentioned, considered it as his duty to address himself to Mr. Hudson, and to protest according to the form of his note of Feb. 12, although it was not made evident by the information received, whether or no the bark Santa Cruz was employed, or not in the trade, as this point, in the opinion of the imperial government, can in no wise influence the question of right. Mr. Hudson undertakes to justify the proceedings of the Cormorant upon two grounds: Ist. Tllhat the bark Santa C'ruz was found engaged in the piratical traffic in slaves. 2d. That she was destroyed as unseaworthy and incapable of undertaking a voyage to the nearest port at which there is a British Vice-Admiralty Court, in order to be tried. With regard to the first ground, the undersigned denies that the bark Santa Cruz was employed in the slave trade upon the occasion of her seizure, and he believes that Mr. Hudson cannot bring forward any proof to the contrary, inasmuch as by a notice given by the commander of the cutter.Jaceja, dated 6 of' January last, to the revenue officer of this port, it appears that this cutter searched the bark Santa Cruz, anchored at Bella Villa, and cleared upon a voyage for this port, and found nothing authorizing her seizure. The undersigned is not in possession of the necessary information as to whether that vessel was formerly employed in the trade, and believes that such an investigation is unnecessary in the present instance, as the British cruisers have no right to seize Brazilian vessels, and far less on the ground of their having formerly been employed in the trade. Such a right would give rise to arbitrary acts of an intolerable nature, as with the lapse of time the proofs which rendered it applicable had disappeared, and it would moreover constitute a case of most striking and insupportable injustice, if the vessels had passed from the hands of a person who employed them in the slave trade, to

Page  7 those of one who made use of them for legal traffic. The innocent would suffer for the criminal, and the vessels which might for once have been engaged in the traffic could not safely be lawfully employed. The fact of the bark Santa Cruz being employed in the slave trade would have no bearing upon the question of right, brought into consideration by the undersigned, because, for reasons given in the protest of the imperial government of date Oct. 22, 1845, against the act of Aug. 8, of the same year, reasons recapitulated and developed in many other docunents and discussions, the government of H. B. M. has no right, in any case, to search and detain Brazilian vessels, inasmuch as this right was never conceded to it by Brazil, a free, sovereign and independent nation. For tdis reason the imperial government, considering the searching and detention of Brazilian vessels by English cruisers, as acts of mere violence, which it does not repel because it has not the force to repel them, has protested, and will protest against each of these acts of violence which may be repeated, while it never can admit, as a reason, the first of the grounds brought forward by Mr. Hudson. The convention of Nov. 23, 1826, (the only law actually existing between Great Britain and Brazil, with regard to the slave trade,) determines that it shall not be lawful for the subjects of the Brazilian empire to carry on the slave trade on the coast of Africa under any pretext whatever. From this general proposition, the BritishaGovernment seeks to infer the right of searching and seizing Br zilian vessels, as and when it thinks fit, in cases and circumstances depending merely upon its own arbitration; of having them tried by purely British tribunals; of making search and seizing in the territorial seas of the empire, in view of its forts, and within its own ports; of entrusting the decision upon seizures, not to courts, but to the commanders of cruisers, giving them authority to burn them, &c. Finally, it deduces from this general proposition all the consequences which the most fertile imagination can conceive. And this against its own declaration, because in Art. 2 and 3 of that convention, Great Britain acknowledged that stipulations were indispensable for the regulation of those points, which she could not alone regulate without the consent of Brazil, and which would long ago have been regulated, if the propositions and demands of the British Government had been more just, and had offered any security for lawful commerce. That which the undersigned has just stated is proved by the instructions themselves, issued in 1844, for the guidance of naval officers of H. B. M. employed in the suppression of the slave trade. They declare as follows: Section 5th. ~ 9.-" Therefore no vessel can be seized uinder the following circumstances:" " Though fraudulently assuming a flag, and engaged in the slave trade, if she belongs to a country with which Great Britain has not entered into a Treaty granting right of search and capture for the suppression of the slave trade.'

Page  8 8 Now, this treaty-granting right of search and capture —does not actually exist, as the additional convention of 1817 has expired, a fact of which the government of H. B. M. has never expressed a doubt. Mr. Hudson declares in his note that the captor of the Santa Cruz is a competent judge of the piratical character of any vessel, and is authorized and instructed, by an act of the British Legislature, to proceed with slave ships accordingly as he may judge best, with a view of ensuring the extinction of the slave trade. It is exactly against this doctrine and the facts arising from it, that the undersigned protested and does protest, because it is an unqualifiable attack upon all principles of international law, and a manifest violation of the very act of parliament upon which Mr. Hudson rests his argument. In order that Brazilian vessels, seized by cruisers, for being engaged in the slave trade, should be tried by mixed commissions, in which, beside Brazilian judges, there should sit English judges, the existence of the additional convention of July 28, 1817, was requisite. This convention has expired. In order to subject, although violently, and against all the principles of international law, Brazilian vessels seized for being employed in the trade, to the decision of the high Court of Admiralty, and to any Vice-Admiralty Court whatever, the British parliament considered it necessary to pass an act. Mr. Hudson, however, now declares that for these tribunals have been substituted the commanders of cruisers, and instructions held by them, so that the government of H. B. MI. not only violates the principles of international law in a most formal manner, in its relations with the Empire of Brazil, but likewise the acts themselves, which constitute the laws of its country in respect to the slave trade. If the Admiralty and Vice-Adlmiralty Courts are competent, by virtue of the act of Aug. 8, in as far as H. B. M. government is concerned, (for with regard to that of Brazil, they can neither of them be so,) to condemn a vessel as employed in the slave trade, the commanders of cruisers do not possess the same power, the act having conferred no such authority upon them. And if these commanders do possess power, their instructions cancelling the act, the courts themselves become incompetent. According to these ideas, the shipping interests of Brazil would be at the disposal of mere instructions, and subject to the arbitrary will of commanders of cruisers; which ideas cannot fail to arouse the indignation of every Brazilian possessing any feelings of dignity and patriotism. Mr. Hudson alleges as a reason for the burning of the Santa Cruz, her unseaworthiness. But if the Santa Cruz was unseaworthy, how can it be maintained that she was engaged in the slave trade, which requires long voyages? If she was unseaworthy, she could not be employed in the slave trade. If engaged in the trade, she could not

Page  9 9 be unseaworthy. Mr. Hudson alleges both reasons, but one neutralizes the other. In addition, Mr. Hudson remarks that the undersigned is laboring under a serious mistake, in supposing that the destruction of the bark Santa Cruz exonerates its captor from the obligation of making a statement of the facts before a court of admiralty. In the note of the undersigned of February 12, not a single word is contained, relating to this point, and he therefore did not commit the supposed mistake. He did not commit it likewise, inasmuch as, in his estimation, the fact of the captor of the vessel burnt, being obliged to make a statement, does not in any wise alter the question. In the case under consideration the captor passed judgment, and executed it, and the act of burning destroyed the material proofs, which might have elicited an acquittal. The court before which the statement is made, does not pass judgment upon, and scarcely takes into consideration, the reasons given by the captor, who has at stake the greatest interest possible in the question. The protest of the undersigned is in like manner not made in favor of a well known slave-ship, as Mr. Hudson pretends, thereby placing the question upon other ground, but in fact, against an infraction of all the principles of international law, by acts openly attacking the dignity, sovereignty, and independence of Brazil, a nation as sovereign and independent as that of Great Britain, although not possessing sufficient force to resist such proceedings.'I'he statement to which Mr. Hudson alludes at the conclusion of his note, had not come under the cognizance of the undersigned, when he wrote his note of February 12, as the Minister of Justice had thought proper to request further information from the President of S. Paulo, before he communicated it to the undersigned. But neither that statement, nor the information, establish the fact of the Santa Cruz being engaged in the slave trade, at the time when she was seized and burnt. Moreover, as the undersigned has already observed, this circumstance would not alter the question, which is, whether British cruisers have the right to take such measures as were taken by the Cormorant. The undersigned is fully convinced, that this question is and cannot be otherwise answered, than in the negative, and therefore reiterates the protest already made in the note of 12th February last, extending it to the case of the Paquete de Santos, referred to by Mr. Hudson in his note of 19th March last, and takes this, etc., etc. [Signed,] P. J. SOARES DE SOUZA.

Page  10 10 SEIZURE AND DETENTION OF THE BRAZILIAN STEAMER PAQUETE DE SANTOS, BY THE STEAMER RIFLEMAN OF H. 8l. M. NOTE No. 7. No 2.-RIo DE JANEIRO, Department of State for Foreign Affairs, Jan. 18, 150. The undersigned, of the Council of H. M. the Emperor, etc., has the honor of addressing himself to Mr. J. Hudson, Charge d'Affaires of H. B. M. for the purpose of informing him that by an official notice of the President of the province of S. Paulo, it appears that the steamer Paquete de Santos, which left Santos on the 10th inst. for this port, was burnt off Perequ6 by the English steamer Rifleman. The public papers of this city state, that, after a rigid search at that port, not the slightest indication was found, that the Paquete de Santos was destined for an elicit voyage; that the cargo on board was of a local nature, and composed exclusively of articles which are objects of the coasting trade between the two ports; that she had on board passengers for this port, and stores and coal for not more than three days, and that the captain was so seriously ill, that he could not undertake a long voyage, as is acknowledged even by the surgeon of the Rifleman. The same papers further state, that in spite of all this, the commander of the RBJieman declared that he seized the Paquete de Santos in consequence of definite orders to that effect, and in fact afterwards, landing towards evening the passengers and a part of the crew, including the captain, he left with his prize, which it is supposed he ordered to St. Helena, after putting on board the necessary stores. The undersignedl, wishing to learn the truth with regard to the fact and the accompanying circumstances, hopes that Mr. Hudson will inform him of any particulars within his knowledge, or which he may obtain by the means at his disposal, and whether it is true, in what manner it happened, and by what motives and authority the naval officer of H. B. M. was guided in the proceeding. The undersigned, etc. [Signed,] P. J. SOARES DE SOUZA. NOTE No. 8. No. 5.-British Legation. Rio de Janeiro, Jan. 20, 1850. Exc't Sir.-I had the honor of receiving the note of y'r Exc'y under No. 2 of the 18th inst., communicating to me that the President of the province of S. Paulo had officially informed y'r Exc'y that the steamer Paquete de Santos had left Santos for Rio de Janeiro on the 10th inst., that it was said that she had been burnt near Pereque by the British steamer Rifleman, and likewise that the papers had pub

Page  11 1il lished in this city that the Paquete de Santos had been sent to St. Helena in order to be tried, as being suspected of being engaged in the slave trade, y'r Exc'y in conclusion expressing the hope that I shall give you all the information which I may have received upon the subject. In answer, I have the honor to inform y'r Ex'cy, that I am not in possession of any official information, either concerning the said seizure, or burning, or with regard to the Paquete de Santos being sent to St. Helena; but I shall without delay forward a copy of the communication of y'r Exc'y upon this subject, to the admiral in command of the forces of the Queen at this station. I avail myself, etc. [Signed,] J. HUDSON. To H. Exc'y Sr. P. J. SOARES lE SOUZA, etc. NOTE No. 9. No. 6.-Rio de Janeiro, Department of State for Foreign Affairs, Feb, 7, 1850. The undersigned, member of the Council of H. M. the Emperor, etc., received the note addressed to him on the 20th of last month by Mr. Hudson, Charge d'Affaires of H. B. M. stating, in answer to that of the undersigned of the 18th, that he was not in possession of official information concerning the capture of the Brazilian steamer Paquete de Santos, by the war steamer Rifleman of H. said M., but that he should endeavor without loss of time to obtain it from the admiral in command of the British naval forces on this station. The fact being of so serious a nature, in view of the insult implied against the sovereignty and dignity of a nation, the undersigned presumes that Mr. Hudson has already received, concerning it, definite information from the commander of the steamer, enabling him to verify the accounts alluded to in the note of the undersigned above mentioned; in the meanwhile he considers it his duty to call the attention of Mr. Hudson most seriously to the document enclosed by copy, which the Brazilian subject, 1F. G. Lages, proprietor of the Brazilian steamer, to the seizure of which they have reference, has submitted to the inspection of the government of H. M. the Emperor. There can be no doubt, by the certificate under No. 1 and 2, that the vessel seized was Brazilian, owned, and manned according to the laws of the empire, as recognized by thle government itself of H. B. M.; the certificate No. 3, of her manifest, proves that all her cargo was taken on board at Santos, and was lawful; under this character, and with this cargo, she was engaged, when seized, in a lawful voyage, and in the coasting trade to this port, having only to touch at S. Sebastian, in order to deliver the mail, put on board for that purpose. As a proof that the Paquete de Santos was not intended for the slave

Page  12 12 trade, and even in that case British authorities would have been incompetent to examine, her papers, stores, and the water and combustibles found on board were sufficient, and enough to convince the illegal captor, that her voyage was one of scarcely three days, and that she would have expended her means upon reaching this port, having passengers for it on board. All these circumstances are clearly shown in the protest, made by the captain and crew, as soon as they could land, in the city of Santos, where they were put on shore by the steamer RJtleman, a protest, made in legal form, legally approved, and made known to H. B. M.'s consul in that port, and by which the act of seizure took place as follows: that the Brazilian steamer had scarcely cleared, on the 10th of last month, the island of NMoela, when that of H. B. M. approached, caused her to lay to, within range of her guns, and afterwards, without discovering after a very vigorous search, any reason for suspecting that she was engaged in the slave trade, it was determined by her commander, notwithstanding the absence of a reason, to seize her upon the strength of positive orders, which he stated to have received from his government, and this was done, the British flag being raised, and she being constituted a prize, and sent to St. Helena, with her mate, after furnishing her with stores, water and coal, in consequence of her having so little on board, the captain remaining behind, being ill, and incapable of making a long voyage, as was acknowledged upon inspection. If the act of Aug. 8, 1845, for the reasons given in the protest of the imperial government of Oct. 22, of the same year, addressed to the government of H. B. M., cannot authorize the seizare of vessels employed in the slave trade, how much less does it give the right to seize those engaged in lawful commerce, as was the Paquete de Santos when seized; and this act becomes the more unqualifiable by her being engaged in the coasting trade. The proceeding of the steamer Rifleman is, for all these reasons, highly offensive to the dignity and sovereignty of the nation: as the imperial government cannot believe, that her commander was authorized to commit such an act of violence by special instructions from his government, which would constitute an act of unjustifiable hostility, very prejudicial to the amicable relations which should be maintained between the two countries. The imperial government hopes, therefore, that such an act will be completely disowned by the government of HI. B. AM., and that the commander of the steamer Rifleman will be held responsible for it, and tihat an order will be issued for the surrender of the vessel and cargo, and indemnification of those interested, for the losses and injuries they have received, or may receive, arising from the illegal detention, as laid down in the protest, to which the undersigned would in conclusion refer. The undersigned, etc. [Signed,] P. J. SOARES DE SOUZA.

Page  13 13 NOTE No. 10. No. 14.-British Legation. Rio de Janeiro, Febr. 20, 1850. The undersigned, Charge clAffiuires of H. B. Mi., received the note addressed to him by H. Exc'y S'r P. J. Soares de Souza, Mtlinister, and Secretary of State for foreign affairs on the 7th inst. concerning the detention of the Brazilian steamer Paquete de Santos by the war stfeamer of IH. B. MI. Rifleman. by which H. Excsy appears to v:res nme that the undersigned has already obtained the necessary explanations from the commander of the R~ifleman, respecting the detention of the Paquete de Santos, in order that the undersigned may compare them with the details given in the note of H. Exc'y above mentioned. The undersigned in answer, would observe to H. Exc'y S'r P. J. Soares de Souza, that inasmuch as the admiral in command of H. B. M. naval forces on this station has not given to the undersigned the information requested by H. Excellency in his note of the 18th of last month, the undersigned will not be enabled to transmit to H. Exc'y a complete and authentic statement concerning the detention of the Brazilian steamer Paquete de Santos, as H. Exc'y has a right to expect, and which he desires to receive. The undersigned, etc., [Signed,] J. HUDSON. To H. Exc'y Sr. P. J. SOARES DE SOUZA, etc. NOTE No. 11. No. 21.-British Legation. Rio de Janeiro, March 19, 1850. Exc't Sir.-Having transmitted to the admiral in comlmand of the naval forces of the Queen on this station) the note which your Excellency addressed to me under No. 2, of Jan. 18, in which your Excellency desired to be informed of the reasons influencing the capture of the steamer Paquete de Santos by the vessel of H. B. M. the Riflemnan — have now tile honor to communicate to your Excellency that agreeably to information from the admiral in command, the Paquete de Santos, upon the occasion of being boarded by the vessel RBlfemnan, of H. B. M. was fitted out for the nefarious trade in slaves, and was in consequence sent, as usual, to St. Helena for adjudication. I take this etc., etc., [Signed,] J. HUDSON. To His Exc'y P. J. SOARES DE SOUZA, etc.

Page  14 14 SEARCH MADE BY THE STEAMER RIFLEMAN ON BOARD OF THE PACKET S. SEBASTIAO UPON ENTERING THIS PORT'. NOTE No. 12. No. 7.-Rio de Janeiro. Department of State for Foreign Affairs, Febrly 77 1850. The undersigned, member of the Council of H. M. the Emperor, etc., having received through the me'dium of the Minister of the Interior, the statement enclosed by copy, of the 1st lieutenant, of the national and imperial navy, A. X. do Noronha Torresao in command of the steam packet S. Sebastiao, recently arrived from the northern ports communicates it without delay to Mr. J. I-Iudson, Charge d'Affair6s of H. B. M. at this Court. By this statement it will be seen, that on the 23rd of Jan. last at 7 o'clock in the evening, that steamer, on leaving the strait of Ilha dos Paios, on her way to this port, met the English war steamer Rifleman, which placing herself athwart her bows, fired a gun and hoisted her flag, which was likewise done by the S. Sebastiao; that the Rifleman ordered her to wait for a boat to come on board, to which the S. Sebastiao returned answer that she could not wait, being a Brazilian packet and a ship of war; that while the Rifeman was insisting upon her detention, two officers came on board, and immediately upon their arrival, commenced examining the vessel, and thereupon demanded her papers; the commander of the steamer S. Sebastiao protesting against this abuse of force, showing the passport from the Minister of the Interior, and the passenger book, to which the British officers paid no attention, desiring to know what was the destination of the recruits, etc.: that, the commander of the S. Sebastiao not being inclined to accede to these and similar demands, such as searching the cabin and between decks, the two officers sent for the commander of the Rifleman, who upon his arrival ordered the crew and other persons on board to be mustered, and not finding any thing to justify his extraordinary proceeding, demanded the papers for inspection, while the two other officers and some sailors continued to examine the vessel, the commander of the S. Sebastiao being during the whole time dressed in his insignia as a naval officer. From all this it appears that a steamer engaged in plying upon the coast, and considered as a vessel of war, commanded by an officer of the na,vy who was in uniform during the whole time of the search, was detained and searched by the Rifleman, within the territorial seas of the Empire, which was further aggravated by the uncivil behavior of the officers of the RifJeman. This insult, which the commander of the S. Sebastiao was obliged to bear, because he had not the means of resisting, these packets not being armed, perpetrated in the territorial seas of Brazil, does not require commentary, the statement alone is sufficient to arouse the

Page  15 15 indignation of all who possess any sentiment of pride, at the suppositionl that such insults can be offered against the dcignity and independence of their country. If the bill of Aug. 8, 1845, solely an act of the British government, to which Brazil never gave her asscnt, and against which she protested formally, cannot confer upon British cruisers the right to search Brazilian merchant ships, this act of violence and infraction of the principles, which regulate the sovereignty anc independence of nations, assumes a graver character, when committed, as in the present case, against vessels considered as vessels of war. The undersigned has therefore been ordered by H. M. the Emperor to require from the government of H. B. M. as a satisfaction for the insult referred to, the formal disapproval of thle proceeding of the officers of the Rfieman, and the issue of orders calculated to prevent a repetition of similar acts. The undersigned, etc., [Signed,] P. J. SOARES DE SOUZA. NOTE No. 13. No. 13.-British Legation. Rio de Janeiro, Febr. 19, 1850. The undersigned, Charg6 d'Afflires of' H. B. AM. having received from H. Exc'y Sr. P. J. Soares de Souza, Minister, and Secretary of State for Foreign Affairs, the note under No. 7, of the 7th inst., complaining of a search made by the commander of the steamer RiJfemran, of H. I. on board the Brazilian packet S. Sebastiao, assures his Excellency that he will lose no time in transmitting a copy of the note of his Excellency concerning this affair to the admiral in command of the naval forces of H. M. on this station. The undersigned, etc., [Signed,] J. HUDSON. To II. Exc'y Sr. P. J. SoAnEs DE SouzA.

Page  16

Page  1 R1,MOVALS.AND APPOINTM E NT S TO OWF1CE, S P E E C H SPEECH DB l~~t R"7'......... IN THR SENATE OF THE'UNITED N'rATXf$:.'A > APR'11t i%3, 1i&Sf& e l.e}ii:;e.ibiog re o etien be ag e.nder oeonslderar to Eqe:ahk &'l''in aO'Rori-,y, which give p ebne;r to hIi on: 1 more genera s. souranoce, and show;that, refeence JR so:ve.:7, That the PrEoidenf tbe nqr ler Pesie Canse H:e was had to the sorubjet dof proseription from ofiece, aird teibre the Sedaate all charges which have t-err pro- and the rode ci hich tie execa:twve patronlage F-rkred or Miet in any of t!het depaortments gairrt idiriv ir h ag a instee l ha e o he,d-~~~ty fro'h~ehul be admnin[:~tcredo 1 e[;(I t hor( e,c of01 he l pr es %vhr) have been remroved fero office since. the 4th of NT rreh..849. with a rpecitcaltr of the caces, if anyr ia[ which t he efI, dstitatnmi. hcdl Srretariy of State, made in a o ers ehared have hIad opportaity to e heard, and a speech in thius bocr, after the Philadelphia combd In i ion, oeeckes Z8," while he (Gen. Taylor)~I~ etatemienr of tlh rilnuber or reirovats made tnrder eachl oa tion to the eaffect that, a i le he (Gen T'aylor) ~epartment, including subortdinates in the eusto'n-housel:s i will do hisJ du ty in rer moving corrupt, or incomrpe-),nad other bnalches of dile pubfii servie... r h nr, tor unfcithful nenl from oflce, he will not be Mr, BRADBURY saiid: Mr. Presideat, it iS theauapOIrterofthlat ifitlaossystet ofprroscriptio,.imc this resolution was disposed of by the Senate. z wrrhich distribitea the jrces ~f the country as the aroL U o desirous that action shouldr be }lal upo(n I sporli of party zvclary!' I referred to the late it, tIhat I would ask a vote at t.he present ti-e, Setr ator from Kenturcky, (Mr. Crittendo,) who, \i:thout interposing any remarks: woere il not that in a puIblic bpeeh delive.red in this city about the,!n the very elaborate reply of the beeralole Sene ire, is reported na saying of General Ta~ylor,.ttor firom Connecticut [MIr Sara-n] to the, brof he Irrtes leathes-,oeooerptorr Goti.C forbid he rernarks I ma.de whaen the resolutton o Was irsa t sioruld iprwscrilbc any mn on accoutnt of a dilfrar called up, trhere are ceerttn atatements which need, eneea of political saentimnent. He would as soon think, to be corrected, and posittons trat require thint oCruninr fL',>m a Me:-:ican aM" I referred examirncton. The atrbjcas involved in this inquiry aiso to itre inaufrorr! addrels which specifies, as rare h worthv of thie attentive consideration of every Icaune for reamoval fr'or office, the want of honesty, Senator'rhegreatsubiect. ofExecutiepatroosae, capacity, or fidelity, and intitatese no oeher cause tti constitutional extent, the mode of its exer aer.4 whatever; and t the ronatruction which was tad tire mresans of restraining or correctring its placcd upon thee pindrices by reputed organs of the buses, are topics whica have engaged1 tre ofte- i party hen the eori of recovao l wae commenced. itcion of the ablest rminds of the country Y Our tierr, i I then referred to thpe weeping removal of Derno-:hetn, may be quite as proftabl!y emp.loyed on this crats tCron office throrugho:t the country, without.qreetion cs on throse which have alost ex lu- I any apparent regard to their honesty, capacity, or,Civeyr monopoized the attention of the Sen ae for fiielity1 and the aplpointment of zealous partisans;;he laset four montha. ~ of the Administratio n io their places; and thea When I addressed the Sernate upon thi, rescluti presented the dilem11, that either the President ion..ome weeks ago, I confined myryelf mainly to hItad Leon deceived by a wholueale syo-tem of fab-. t.he offhr. to show the propriety of its adoption r i sicoting tenlse accusations against faithftl and hon a:pon the grorund that it.,,outght infornmation which eat aten, or ha bad c.hanged hiis position, and the President had nmade nese. cary for uo, iln tIha eOdoftod ao nd carried ott the systern of distributing fiithful discharge of our official dutiese, and which "tie ptblie oticera as the spoils of party victory, wev could demand withorut any invasion of Iris h In either carqe, it ouglhC to be knowrein wrhich was.:constitutional rights. indurlging in no personili- ie fact, Tlhe friends il' the Admiistration were i thled Gc.t:3 The frt~Wi ~ensothek AdI:~iration weren iee, and avoiding all terms of urkindness or dis- called un to aswr whether the had ben a respcect, with that deference %which is due to the change of' policy or Dot; whetler these removals. 0ihief Executive of the Government, I referred to were made on r.necouit of the political opinions of the declaratiorns of General Taylor in his pubr- the o[llces rernoved, or for mtoral r official delirnHsahed letters, while he was a candidate for the queney. The public, and eapeciaily those whoise'residency, " that he would not be the candie characters were involveld, had a right to know. date of a party or ehiq. e;" " tteat hre would not And how Ihas this great inquiry been answered? permit himself to be brought before the people We have no direct response to it, air, in all the exclusively by any of the political parties;" rermarks of the eighit hours' speech of the honor.. " that he had no party projects to build up, no able Senator from Connecticut. Strange as it may enemies to punish;" " that if elected to the Presic seem, this question remains unanswered. The dency, he would rot be the mere President of a iwre whicrh I tendered has been evaded. WVe party;" aind'r that the national good and the good ihazve not that distinct and unequivocal reply which of all parties worould be his great and absorbi justc to thoe whose reputation i concerned so aim." I reletted tothe declaationf ledn.justice to those whose reputation is concertrod so 6ar" I referred to the declarations of lerading!I imperiously demands. Instead of it, we have.saod,e,?efideotial friemnds,:iwho m;~gt be supposed skillful ev asions and ingeniouis digae ioons: adspalt,......-. uwght be g E60 9 Kdapto'l

Page  2 to lead the mind from the true point of inquiry. should be elected to the Presidency, the resul If the policy of the Administration had been cone would have been what it was It is too Iate to sistent with the assurances upon which it camfe come forward now with such an interpretrt'iar into power, it in hardly to be supposed that such If true, it should have been given at the time. a mode of defence would be employed by so sac The just construction and fair import of the Iangacious and able an advocate. guag constitute p!edgea strona as proof of HoyI The honorable Senator, in hii elaborate reply, Writ; end if a dIfiren'i contruction ea tO be undertook Lo maintain in substance the posrition, given to it, it should have been done before the that th1e deictarateo ns of Gcneratl Taylor anid hs f,'ieeds people acted upon the fGth fc tohe.s.e declaatcIa a, s.. did ntot coienrit h1in, agtai.st thec sy etem n estovals But tie honorable Senator ays that great n which hee as adoptedI —-tat nots pledges were glv ine ijLstice has been done to President Taylor ii: ah c conesi stet wiith what he h a. dens. extraects m.de t iom his correspondence; anid t I'. I touast coafe. ss, air, mny surprisethea te at th an- hey are as deceptive, and a-s weli caculatcd to o nouncement of this proposition. It needed all the lead, as if they nad been positive fabrictetiorso intrepidity of the honorable Senator from Con-! Si r, I deny this charge most positively and emfa nectieut to proclaii it. It was so ne, that o ie pastiealy. I q'uoted from thae piblshed co ~ other person 0will ever claim priority of discovery i spordene oo General Taylor, with entire accunicy, It was a declaration, in eflect, that all the pledigesi lettert tar letter, and word for word. i his of General Taylor and his friends on the subject I point of st-tcieiert importance to be placed beyoind of proscription, inametl nothiag!=that he, in hisi a doubt. To demonstrate this fact, and to showa numerous letters, antd they in their speeches, were I ai that no injustice was done by wrestins any seno constantly giving the most unequivocal assurances tence fironm its context, I present the quotatiocs,, to the public, in langu'ge calculated to inspire and the eiitire letters from which the extracts are confidence, and yet meant nothirng? 1 will niot taken, when not so long as to preclu.de publicationi suppose that such was the intention, while I ifeO i with my remntarks. (See Note A.) that it would imply an attemrpt to deceive, whic I conme now to a very important tadmission whichk it woould be unjust to impute. the honorable Senator felt constrained to make. No, air; these declarations did mean something; The declarations of General Taylor wer so ar.t and they were so understood. They were in: merous and pointed, and it was so impossibie to tended ais a reproof of the past, and a pledge for construe them as anything short of unequiivca! the future. Consider the circumstances tinder pledges to stand and act independent of party, which they were made, It had often been charged that the honorable Senator, borne down by the that both of the great political parties had pursued accumulated weight of the evidence, admits that the policy of proscribing political opponents when he must draw " a distinction between the ea:ie in power; and one of them, which carried this and later correspondence of the President;'t that policy to a creater extent upon its accession to he did, in. the first place, " take the ground that he Iplace in 1840 than was ever done before, was would nrot become a mere party candidate;" and yet loud in its condemnation. There are many I that he subsequently became 1" convinced that if who deprecate party organization, anti are ever his name was to be used with success, it must be ready to enlist under thie banner of those who on a nomination by one of the great parties of the promise to suppress it. The great body of the country, and changed his positio." The Senateor Democratic party felt a strong attachment to Gen- says: "' Before any convention was held, he eantieral Taylor for his military achievements and iested a change of purpose; and at the Philadelphia patriotic services in the Mexican war; and many Convention it was proclaimed, " so as to be underwere anxious to bestow upon him the highest stood and known of all men;" and he then " bemark of their confidence and regard, notwith- came the candidate of the Whig party." standing his want of experience as a statesman, We have, then, the admission of the honorable provided they could do ao without an abandon- Senator, who appears as the advocate and defentder ment of their political principles. They could not of the Admitnistration, and who may be supposed support him if he was to be the party candidate of to s'peak with some authority, that previotus to the the Whigs, with whom they tliffered upon great convention referred to, General Taylor did stand clquestions of principle and policy. They were pledged not to,)ecome a mere party candidate, and willing, in their blind admiration, to go far, and that he subsequently changed his purpose. He is waive many objeetions, and even to meet him on thus placed upon the no-party plattorm by the the no-party piatform, while they could rnever con- authoritative acknowledgment of the Senator. He sent to follow hima. into the ranks of the Whigs. is placed, then, in a position inconsistent with that It was under these circumstances that General which he now occupies, or there would be no Taylor first took his position as a candidate for occasion to change. The construction which I the Presidency; and by his declaration of inde- give to'"the earlier correspondence," is thus admitpendence of party, lie drew'to his support large ted to be correct. Now, sir, the honorable Sonnumbers, which he could not have done without ator having placed him upon that no-party platform, such assurances. They were effectual, and ac- and conceded that his earlier letters show the fact, complished the intended result. And are we now it is incumbent on him to show when he descended to be told that they were idle words, without im- from it, and went over and placed him upon that port and meaning? Can any one suppose that, if of the Whigs. Bat this hie failed to do. I will the honorable Senator from Connecticut had gone show, on the contrary, that so far from it, General through the country previous to the election, and Taylor himself, long rafter the Philapelphia Conpublicly declared, on General Taylor's behalf, that vention, in his own letters, declared himself still all the pledges he had made were without mean- to be upon the no-party platform, and bound himing, and that it must be distinctly understood, he self to it as strong as bolts of iron in blocks of gran-would sweep. every Democrat from offie, if he ite. Nay, sir, the statueof Washington, in yonder

Page  3 0114 enclosure, is not more firmly fixed upon its pedes- that if he would give the answer prescribed, the tal then wa General Tlay lor upon that platrbrn. Democratic hundreds and thousands of ihat State The Philadelphia convention was held on the woulid move in a body for him. And the kvriter 7th, 8 h, and 9th oi June~ 1848; end I now rend,.says, that with tnis answer his seands, he aed 7,-r, &.h, And 9th of June, 1848; arid I now read: I lettersa of General yTwior Written,after that time dres;.ed the Denocratiic imasses, and, on the seo in whe.:h xha, gives thie broad denial to the Senator's (i curity o Generat'I ayloi' un broken t"atth, assude4 possaiton thait tie hna thIC ble oean the Whig eandi themil Mh ctuOU,l o O e rom ihe Presls:dat oi a Iatrty, datc, and azissc'erts thath e is,'no aparty cean. idalogte, n! an e 1 u'no etc ie i....tded but silt rcilaitn iu toe pos:tiotn gven hiam by tie ip ende't cndidete, wh to nadd:d ft._ei.ds to reward eariet',:orres.pondet nce. " Tne first and ost re-I i trd no enet'lii-s Lo pul'i:h1. Mr. Lippard also marlskble is in anto 4wer' oa iter r' ro so Mr. Liipaenli declares, fhat wihou, tie asur.ance cuodtaite d in ofPenn sy I a s, toe meCpe aid object Wut w heClh i irt f, ClyI ene rej Tcaylor o Uld not have obtimne i onay be best, 7nderatood by an exorot titsi of' tfte the vote of Penn. l'iviatiea letter's etttir M. Li~Pead wites as, tfll;s: I now pr.eiset to ile S""a: G e ti"' Jat y' o-? o "Ott tot, e'a ti:h:: uty a,.$ t A o t _c 9, recttcI' tt o tu' a i C to,'Ivi yet'~ ant~ a'i a' t ~ote t'ti.oi as ini ~; i oif bac 6eith s f of Cheea ro:,eo South oeritnitr no b e tterusiv,?it is aftert paid deal of relutancate [a Carolina, on It he samie iIket wit, GeiricEt I e 0 I ine imti.e'-'i to rote iyo agate btt having t'aitil yoe II Lhavimycdda i rlcnle igutler~ [i!~ Df:do,,;ratic ca_,didate fir Vice i esa, 110O, aIS [ [l l e vrI i itt cc p ilec-dgi'd wihat tierary rupt- tatioitt [ ea es to yt it tar my botlc- Tthe i-e:edis at lMex- I d en: ieo~, or Burdent~s o.' T.ytlor>-'. ~nu,ly:y bt o;~ say,% frak woi'd BA' ro RouGE, (lA.~;,),,'_hgu~5'I, 9~}85 to entr Gelar..sl ar' i e p eoprle': i ihtie Lc -'syo re tcl'ot oeogO thte ecc:ipnat oi'-.uu t"hi is t1e eau,: Wtilth titussads of Dettlocrats itn his otrtmurelr.ttict; otnlie 5i! t-i uilo, SBl!y a' ioaiett. o -tate, I tchpetod tont yeoar dec alia stion, "tti iou woii ld a i i,, me illy 1atnoitatio. fat te: Pe'iti i,: t tyl a thtge'cedccitgb 110 ca50e bt the Pydcldt f aitcy, but ty ile t'Iesidllit of the of the Dettcttic citizen s 1 hi.tile:bton, boutt" idatt na, peopleg." ~i this grouttt t i, De:nmocrates of' Pennsylvania w tltd at thIt city on titce 96th llimo alt ovir thttich to};rill vote for you Oy hbm~dredL-, and thoitsand.i. I "B O!t: are neow cte yile yd til'.- te XhI y! avere t'he presJdiiug otiteer. Thits deliberate er' eLo:.t of 13"L %Ye~y are no,.vv loidc t~ajq? yr)U tile e.Kclajei ~e'th~J cndtiiait% to ee ruI as a h eig, eleettd as i'Wilig, ad una- fiiendly teseling exi-ting towards,~e by a large atd ilre'pectder Wtlijg isst'{S. able portil'.) of thu: citize10 oft utr tUistttCgt!ith( d State too, I tfihis ie tele case, fhe State to Peasylvait ida trill be o b i t I tt 6o "Payjloti and thle coat, Ih~ 8ry. le i~ beenll~lvniria r~vill're lOt Ibee eceived by mile wvith cilmotimis of ploltound g'tatitude, to Taylor sat the roalitry. to'd'i~~io; R1~ca flBB eoollely, it ~~and.. thought it h,, a poor ieturn 11or such a lijg andUL Hue,1_-itI do not beieve this eto be tile case. Tihose. witt think H d iouI ii b t r letit tt ta w~ithi ate in thits ecathy t 110not believe it. But, to otet te cd honor Ie ttch tem to accept lily ihartSot thanks~ w-ita nme in couid ty ii 1 tf riot btliiev it. But., to Set tile Inciter at rest, Nviii 3oui ah''nsw this t witli notinatieon, tlike ial otherse' whilch I sand wih itnat linle tire Nealoeraetic lttidrcd tud ttilmisandt 11 have litd ite bni orf r~ ceivinn f1o11 a-scirbieWalres tif myE of Pentasylvaott wi!l.Hiave i i a bodty fhjr you. ei it tIt 1. 01 et i ellow-C-itlizens- II-, vtarious p;rtse-'heUi:habrt e. CGeneral, de not rceject this app, l t'ro,4tn a i at wtho loves eto e e o' wi'asor eitict ti erously ofi, red ni:e: Without t,l:ei.dges or conI'.fior.% it iz you f,,r'your batites, ascd the moral gratdeur displayed in cete; d I btt i aane t e it them, but loves you, first atd laist, becausti you hiave taken a tt tile position of 1Wastlthitto-nl-ot wit!t parnies, but ill the who tse behualfyou ate acting, tlhai "ihould it be ilny lot to fil hearts of the people. ~Aridas ofar tit~ e lnsyi y: n tl t o i 1the offiee for whelch I tave been noinillated, t. shall be mty Alid as for tlre line, say simply: I am still the ojandi- 1 unceasing eff'ort, in tihe discharge of iti resporble dutiese. date, nol ofo a party exclusivelyy but, if a canldidaite at all, i to give stais;ction to my counltryitten. thb eattulidlate f' bite whetuale peot)!f,.' to 11.1 at H With asilmr'antl;]es of nly high ac~;(;v, I have J,;l1 [toneLr ~;;5GEOaRGI LttPPA tRD..'~' be your obedientt servant, Z. i'AAYLOtR To which fe teer the following reply was received a'. A./. P0'trsai,, Esq. by Mr. Lippsrd, on the 9th of August following Comment upon these letters ic tennecescaryo Its date: WI We have in one of them the most positive dec[Private.] I.'ATON IRouO, (L:a.,) Jely't, 1848. Iaratitons, and in the other the aicceptance oft' a Ds DgAE Sog: lYour letter of the 5th instarit, asking of tie nomination utter iy inotnist.ent with t is position ar line tr two in regard io s y positiont t" a ealldid:itc tir the' s a poty ettdid te of' the Wv I Presidency, lats betei deily receivedf. I i i 11i1 etnty, 1i but:tv toy oyr_.r. tot uT x tARTY A i, As if to remove all chance' for istunieast andi ng 66 1r a reply, I hachavi,( to s ayErHAT I hml NOT A PARTY CANDI-u- i DATE. and it el ected, sitil, t lth,'ia i}RE)ls o'r o0 e what he intendesd it- Ctyi s lit wo tld tte't be a PARTY~ BUTTHE s PREStDEtN'T','eml WHOLE PEOu'LE. "' party candidate," Geielnerl Taylor has defirned [ atm, dtear sir' wi.tlo higt respect. and regard, y'tiuE' illnst;' is tc'atilng it his second I'eter to Captain A!liobr'.den; c rrt Z.;TAY'.,Ot3. o~otliciut esir~ank Z' tt ii coil dated Easlt acagouilta, Septermber 4, 1848, os GE rcmE LTY PARD,!'T4., Philadcgphjhia: IPa.,' io I fiud the extxact in the spe4.'- of the hoelorable Where now'is ihe honorable Senator's position, iI Serator from Conncicutte, I;d. present. t Iprcisely that - afer' hie was nominated by the Philadel- 1 as it Io there: phia conventlonsand had accepted that no tintation,' 1 ihauve said I auu tott a aro y eoaniLIate nol r a'i I it that s''traitenied and sectarian u;ense wh-ih would 1l'rre'cll~t [11 being he twas a party cadidale?'1 he contradiction is!i! ct t'tt't t cretlbIt t positive and complete, not only in gubstance, but b P estet ifgtgelu t, la),viis cd t' oandhioliy:erimuit l.111 hll t'otgtlgeft 11 ii i hl'ttceitittt in language. iThe very words are traversed.' f-i upon puslic otticeis, gouad std bai.,;vhotlnay dit:iLer it opitio was a party candidate," says the Senator; - I amii with 1e.'' Ttttt hut I uat ty tuot btt.. a not a party candidate,"' says General Taylor,j f rtrycaS:'itate' nearly iwo months after the Phifadeplhia cenven- He would elot lay vioci it ll b o t p.(json f pblic efficers, tion I The object for which this ietter was sought i good auid bad, helho mig'h.l dfl'r tit/ himin Ia picn [ appears in that to which it is a reply. General'This is what he mcart by not leiig a party cuardi' Taylor is told thlat thousands of I)eanocrats irl date These often-repeated declaratioins did refer, Pennsylvania depended upon his declaration that H thtent, to the stubject of proscrittion. We have tle. he would in ino case he the President of a party, authority of G'eneral Taylor hinmself to that cfet'. and were preparetl to vote for him on tihat gt tnd; I tAnd now, what we comnplait):fis, that he has.done but that they were nIow told he had becoane ex- i' p'recisely wiutr. the opubdic rwas assured he would: elusively the Whig candidate, in which case the not do-that he has laid vi,'lent hands iadiscrimState would be lost. to him; aud lie was a,3ssoret itmately on public officers, good and badela nd pro

Page  4 4 scribed those whlo differed with him in opinion!o iaterest in the indiscriminate pros,:riptioi of faithfrom nearly every office of importance within the fuL officers, or the extent to whiht:, the sys.er.em of Rxezutv2- c(_,r OL ie dnimsrc Executive.omel I tetmovais has been carried, the Administrectio BSit fihe -.b. I-"~ic Senator contends that Gen — ia! {'i ta'-d i thout a parallell in t. -istor'y oF'-a Taylor r-c.ed. tis any ploedges whIal'vesy, n count ry do not dcsire to judge hsa' hiy.i r-e cites e_,.rprs-; os -it' o some of hi:- letters to s usti n: s en te1 fints, a nd ask others to formn their own this positoon, s. i r exa.mi.nAtio in oif his letters opinion~ Tohe honorable Senator d Oawt particular will leadS o, a veryg die. rent conc usi.- -- wit v e't; atainion io Pb coleorkships and subordinate tCofo und that nsn-i:: Taylor refused to pledge hi- I! tooes in toe Di-tric' of Columbia;E as if the state aolf to pjarty; an cdhat he did agai n snod -,ain pled-e to in- here w:-tld neessarity give ha iew o teh hbmsel eo the peopec, that he woa ldt 2ot bCe plecdged.~o g e5 ra adminisecatiora o[; patronage througshot pantyg a Niow, beceauisr he said he would nit be _the coantry. Thl-Dit-ic. s not iteionited States; pledged to pari'y hut would aset indec-ndeir,, of it, an Iwa- over vmay bv u he cas here i- htas little the a-gument o.the Senator is, at t i conI istet to do with the great question. Tho subordinates for him to be the mere exponent of a p arty, n this ety aic non-comlatarias; they have not the this posietion neels no further conmenca right. to vote onr, national affairs. Teicy are senaThe Senator cppse Ganet ta hTy di k I rated fom their business asfsoetati.onsa in the diseveton, he Presijdeoncy, and el e i i Mo t tat pointe from whic.h they come; it often causes Wrtie his 01er- - for p"Jt-blieatiomn, Ic is nott -3 fret -e g-rea inhividuat distress to deprive therm of the w~rite his ottersfo putiati o rec,~, Irlnth is n,-~ I iiti il.....~'1 seeortiVable, then~, that his P-tee:, from the bePgins Ie tloym:n~ whgich brought their friom their sio to ihe cnud, shoTuld relate to e o tfe mt o La o):thes; and tihey stand on dififerent ground froo Presidency, and t;hat they should so tniti:-m ly gt t hat o m'any l t horne, who can hold or leave office sinto he public pores. with-ug severing their business associstions, or Elie wroec, teo,' wttith all ttWe frankness oa az. eosi n themselves or their faroiliecs o i:, totev:-,dier,' ac tth, SIa-"ar t.orsres us. I will be greatly nei -nee. Yet the Senator admits, that since the obliged to that Senatr, or to an pny supporter of thea acceasio1n of Ptresident Tayior to powcer, oie bunAdminiseratno-, to inPfoirmena i n wvahih of'C hi0S tc: let Idrod and?ix have been removed in ihe different.ig position ic iefined upon the exciting que-stio r deparnmein in this city, apatr trorm the appoit-A of the day, the i Elitist, preoviso? W iltI any'frotin ment thea have beaen made in coneequenoce of reof his be so hod aso kr opoint out the letter? Is i- sigations, deanths, or increase of ofi:enr:-3'To eoto nottrices, sir,'h-t dutin- the entire canva-ss.u-iT his prosceii, i reerence is iade in gne for the Preidncy, be was supported at the North eal terms to what is represented as the proscripas the friend or the uroviso, anid at the South as its tite policy of' former Democratic Administratiaon, reliable onponants [n nntor localities, he was There has k-eet so much rnisrepresentation upon averred to be s better provis o -man than the Buffalo I this point. that dthe trite state of the fsacts ought to tominee; and in others, as the only etandidate be known. on which the enemies of thatn measure could de- It hals osatf so otte, a'sserted that President pendo Eve-n to this day we cannot ibe, sa3id to have Jackson adopted a course of general proscription any administrative policy upon many of the great in the departmetntse here, amid that the same policy questions thae divide the country. No standard is was pursued by his Democratic ruc-ceaiaors, that it raiased anywhere~ It,_?.pe-rs In ibe furled, and is really Hu-fposed by many to be tr-; e. The very it.der the arm of some Srei etary, moviong from reverse, however, is the fet. Theer is great position to position~ mniso,.ppehvcmnsion upon this subiect; and the 8enAt the Philadelphiti ot:'e, —:tn ioni no dcl1a-rtioo ait Eorn Connmecticut seens to h-ave falen itot it. of priaciples was roerun-ulgiatrcd: anti, according toe it'aru'lo he witi attn ins to eet, him righe by p)re — my reeollection, a re's!u-t-:i win offere-la o d clc eiting a cew faitee I hope they will te under — gaete from Ohio, o e'IC efTest t'at Genera-l' aylor, i stood, and that thes wilt ott h forgoteen. n — lost ain ac.cepting the c.omi,,'ation, sh-tuld be pledged to esnhe of ca~rry outI. Whig prdnc. i pie~=-d-he~ prov~iso, sadr~iE, &~c.;'~~~a7 ecli Jcp~a enc nooc nte cairry out XWhig, ortea tw c int men riff it &C'. ~VWh en Generai Jt-atkson canit into ai/-Iee on tels and it was' deaclaed n be out of ordr n Ye-. tYe- I 4k- 0f Miarca, 1829, the clerks in the public offies honorable Senator c,:~e n l t he poa-i-on of ia th t city iW:f Vashi nge stoiod, raore ttan four Geeeml Taylor w- cutsned, from tro rn —ntF'cdeiralisto to oine De-mocrat. The,whale number that he accented the normn i nation of that Convel tiont; e o, perounns enmployed in the executive ofiices of the and he edduoce. certain remiarks in the Union, an:d - General Government in the city was 296; of whom extracts from a apeeeb., delivered by the late distin- 5(: were Democrats, and 240 were Fedeeaia-ts — - guished Secretary of Stnate, (Mr. Buehastan;) in beir,g st major-ity against the Democrats of 184. sot-port of the assertion~'th-se extracts show that i On the lse of anuary, 1839~, after all thie changes tIere were those who wertc ot misled by the no*i irmade in coneequence of removals, deaths, and rearty profes'sions thel hud beent marde; but they s amignStions, ini a pieriod of neatly three years, there y no mneans establohed fhe fact that this was still remained a Federal majority of 63 —the whole e.nisera.lly true. The experi.enced and asgaCioUs number then being 307; of' whom 122 were De1mpolitician was incredlous: while others niore eon- c = ca, and 185 were Fatlershista. dding, believed and a:.ted Iupon the faiti (if decla- o Mr. BELL. Wrill the Senator allow me to inrations which they rg-sided as solemnn and reliable i terropt hiYn Of course, I do not mean to answer pledges, his tatemrnents; I merely want to know where he I now comen to cotitier to what extent ths y a-ys got the informataion that the persons whom lie emrn of removals, ittitified by the honorable Senn- espeaks of as being in office in 1839 were Federaltor, has been carried liy this Administration. i-et I want to call the attention of the Senator to From the beet me:nas of inf.rrration I have beent jthe period of time at which they were appointed able tC obtain, I am constrained to believe that to office, and whether it was inot under the admin.whethd regard is hbri to reerl:le.socas of thei publiE - ijstration of?.r. A.dams, or Mr. Monaroe, or Mr.

Page  5 FMadi-on, or Mir. JcffTrason? and how rnany re t'Thbre i're iemployed in lie diffCerent;epsart mne'kiBI wl~'r'' y Mro k ams o tha eld re-tV on: at rhingtoo~ as follows, "iz: p u biin cop?,, ~ 4 1Mr79 2831. r!L.fl. My,!BR.AY:,,1J~{~ R'Y e hoinomrablcieta, ol t opprealrsi o oite.o C tEe th w.crhis I oused D P..D. c 9.. to den: sl those e ppced to the Ad- iPi;ta i' &iini,n Pe5 t5'.... o ttk~e is.....................[ i9 L 3 9 99 mlinirstatlon of re~:~id~ei I iJakso, ao~ h''1-h.:......... Wh-ig. hfal ir,')t t'e"'er 1')id to to i-ri Ohkne V I 1'5 10 3.is now 11 r] o'o a h y,t ni nl r re.I waso 00(0' )-....')c' e:dC(slls Oi'h-ce..i 8i 6 4 4 8 T~~~~~g l o r ~ ~ ~ Ci'iet's'10c,,,...,e 10 5 -~ in, the hornioale, boon"z co u Inpa-rr tie h e - t e ixte I s tdit....,...'o 9 t. fome h.t th-ee,-9...ayh odtoi srr c.Tc,,,......... 115 3 26 iExLCtra~ Globe~ ofj May~e 1.9 141'r!d they'WoWl~ oh -< -s- Ick:ia'~ Dficr,...,...3 ~1 6 3 ~tamine~~d undersuch ceomalaces sare- ie- i d Audo- Offc e....... 1 1 7 XL polroas vuery great -ccorny 1 rhr Dolln y Jckson 0d Foticitr'ds Oir lier, e....r.i3 5 I0 n Mj~4ayp o, 16, publishtled, Into w the naeme0 nf ai ni`i~T~i~ ~rtpa h srtest.,,.,..... 4 35 / 1 Gnernals eTaylod ot 4t1 o arc, 89, l i I 0i 15r'Sirt 7c it. 2 1 Fifth ADim%'fie c,........ Sixth.Atdit;)_,'~:_;~ee rae on The hst or January, 183, ineac frorn'Tennes see iis IDnu- Oi.ce 3' 33 ormeal nthat n thoshe potics oiay eah fund in the io r lesu:...... ir...c r.l. 3.e... and 5pec31y~tig ascii: car~e o~f re3mo-cal, (Os3Oiie- Cllii- elpoiaat.0 3 and deatlh, aold che-iting w~ho rem~rainret in ohi'ce in Si t nu~to o zPcr-t' —' 00icc..0..r 1\ 0 1. January, 1839. These lisle wvere carefuallyr pie- 0 tit, see 3 c.1 9 Extra Gand of rr.ay'o 9, or841; ant d athe ttren I y e o to e -pasn' Git-eite.............. 1 3 a ~ their puh" t~ication. Dut-inig this period of nearly I (' ees c-t/i ja dst Officr...3..... P 5 8 30 2 4_3 4; three years, he unier of ci rcumstances in tare elikely to I so e.... deprt'fments~ ween ccsW fellowsl: Oice no Ofi ~-ea.,.,,,,,, -.. L4'reas u~y The j D naidg Globen os 018......................'Tmureavury. g.et.,.,,.y,,,D.10 fa Cono'OOfc,.,ai,,,,,.,,., b. o0 1 \X'~h ialcoamber;P,,.,,,,,,,,,,,, it).;1 Ij l4ola,.,...,,,,,.,.,&6'-lAO 9 112~ 785 i'2t' Maygin al5, published emoalits o yf th e namesa of all W ra'p e artme i it _ 4,..,,,.,,....-.. }5 7 pewious cauemployed on the 4the furha of t8he 9 r9 an i Engine tr' Department 1 I4,......... term~ of6 Preside-ut Jacksbon's~ u~dnsini~ssrntie-oB and -- cohaprisiog that periojd in whic~h'h-e larger~ part~ oft 4~r-sita or! ~IcemR, 41'ar'6it, 5651,. the ron-~anvals w7~e-;ic ci~lado. Dna.;'iit: l.)lljtlzviunclllk all6~ Pap~eral.Ajlt vr L ic. 0 I Itrae bee-n assured by a ge-ndlemrot, ttl~o wa-, — I Opri-lad d lOfr,,S]O' on the headt of January 1832, n eah o f the departments f rt- f r jut Dgteralire t.......550, years fr~oma 1831, tha~tt only sinlelFP remoalO82 was I i,ls2 atnltar............. 3-8.0 <150~Y~j;5:3 9 6,1 Pi} m-ster totntrls Oil,-ee...,3:)40 5 m ent it durnin g the politinb of each i hat a-fi n' T1inrua itnmarr G... s Office...- I,5 a-nil~~~~~~~ ~~~~~~~ i1l; 0:2' indiidal gueeiltyg ofa criminal oenc;and by a'e' c ic] resignati n ubsis.-.e Dept......0 250 ": thrand deatemand sho n was t themahned in odiffien iF sral o I el.nral'. oice......0.1..0 0 " titord anceo Olie partm.......e...0 38,07 3 1,: i Nair' y'cpatro et r.............. I 1 3935 00 2,15'.ared, anIyd Corre,:ie.nos w er ivited a t t he LI e of', ayComn'Ji.-~ionert., 01fce...~ ~ 3.11: the s - me, that on removal was made by h id oo................... 435........... 0,90 in either depart ment w s fbhilow h-: prde ove. sci d lce 21 Such rais tile msanner~ in whicha pn~tro nsg'r vosan od~ [iTi)~~P QOffCe.0!0.75ff Ofice tiadfa Afcc.ars........ 7 4 95 StinatSer nder. ". h jircrtpti............... d i T ponior pha ealc Bue.u....... 4....550.. 26f tionstt ofr Gene-I J sasor n...........d Geeot!ral Poe (2cc.61,900,Off00e.............. T ame ira p...............licy............a itt..... 5 oty hi' i Breall.........., i, Navcce y.r...... d.......... o........sMrh, 1841, 1f Pessi1oti...3400 1,.0 when G~enleral Heaicis~ n tooki; p~osessiaon of bhhe- POaaictr GriiGeoeral tioe. "r Pore net, aO.tice i hd e i moc.............. r hands.........iitl i......ir.........ie....... W'holeurbe.............-O'Total...................56 2.i0 tN2 lf5 29,! 2?76 Mar twlve esell W(ortrv removals tonly- hd for ln ('cice hiri... 4,400... I, ioCr t i-c-r'tosI,:1..s witac thout cause- sd ring thee-a ajourths of 5the first iOi' - i ar......,..... -.. them of P re.z o lent Jhacf i on'e i administratiop'gipah and the sc-ce-cal dcic~irini ante,'cub a tleeiye-aj~nae~on of i j c~raaa'tc:P'ri):bt;~(~YCitrl oiirucn-t roild ofi c. 6,-le thecir perhiicalar prretleei,,of is t~adete:n the v' -:;iafcxnr. s" h Pas chiss-",, 14',650 I heave been assjured by a gentlemam;,, ho wa,s Tst,:: r De.partm,:nt..............e,~1-1.9 7 da,:,,. at the h ead of one, of the departments for fo o rai iiur T Dt ur....... 5147 F'irst A. lditOr.........................:. 1 t'9., years from- 1831, that only a sinjgle removal waIs:~ dAdtr............ Aiii toro....e... -I, B 5th madily Gloe in it durin- the period, andth at wais of ai n Third Auditor................ 7,8500 ind ai idUonacrned io f ra iminal offeTnce;b as i n-a' I, Aud tor...................... 8, 450 F.;fti IAuditor........................... 3.00 9 o0 nten tleo rastitih a t the earfrected io e willoa fD - e 0artent i.... dep~ar6:ents for a-bout ten yealrls, commenci irs t cmt rlh............. 14........ be same timen t hatEiOt hiov'ti 1~ay 19, 8 m1,a lb Com ptrouler................... I0 0,. in eithe r departme n, while c resided over it. Ger Lad Oagainst.icca, 5i. $ 115 95 4 Trcasurei- ls Offlee. itl it.......Hl............B, 4 0 0, 7 15 0)i,~ I WIiit n~ri -"i- thesB ~rai al lists it d clail, a it SIr sen-Is -itoh thedactintis to 79thb Sh,a~a jai -. 3b6,50r 3~1,850 Sould onipy 1h 0 m uch mri which patronf he was ad-e, i bute wvi-Ij contro~l m~yat~l' - an co ~ab Rgstera, gvn tSOfiL M..................... 366, Z th e r eaIt ijlt.h.....,opl t:': oiiet.cra-'s t -r 1fiee........ -..........i.. 4,50t.%-, tions" of General Jackson, General Post Office.................... 6l:900 I-l 9 0 V The same liberal policy was contin~~~~~~~~~~~~~~~uebyhsiw r Delpartment...................... 8-,800,0f Pension' Office........................ 3.4w~ [>:0 saccessor; and~ on tha 4th day of Maroh~ 1841~; o~~~~~~~r,.'nanee offilce....................... 8 when General Harrison took posse,,ssion of the, Pa.',maslvr Gineralls office............. government, after it haid bDeen in Demnocratic. handls A dj,~tanr Geeal's Office........,1 for twelve years,;1he Whig:,; (for they ha d t h e n ti,"AAfi.........,0 IChief J~g:m~ fk............... ].0~.).5 takcn that name) stitl1 rez~ained a majorlity of 52 n Sb.sec Ofc...........'.. the, publlic ofice,,e terco A listZ o falIl t he officers inl' Topographical Bureau.............. 901 the seve-ral 01,qppynet~v n,~ with vat d-asinlatj,,n of {&.reC~trG. ea~ i e. {,(:J co 0, ~~~~~ ~ ~ ~ ~ ~ ~ ~ ~~~~~..........,.... their Glolitica orferences, as4! wit andie in Vtheio C`We- ~ L............Im to all1 Concerned to fYurnkrlh cgorrections, asI it~ wa:?11' iNavy~ DrpMartAJ~;..................... 8;000 4~550 intended-i to rermtdish ]t; and the cerrec-ted lis:~ ayJmns.inraOfr:..... Libranry -.f Coi~r,r's.............. 2/') b e fo in d i n i!, Ex;(tra _ G! ~t be~ of M ay I9, 184 1 wIt... thbe sala ry fo eiie n per s o n pl]a ce.d ag ai n st hII`s name.n Toa sa~'N, ic 4tl~ Mrci, 18ii1......... 28 I 75!LK?31 9i6~ Re,,,wats aInd deducetions to 19th M'lay, would.oc..::py too- mluch,of the tiime of the_ Senate, ]8_................ but w]]] contef~nt myatf ith,qn a-stra,:,,gi-vinF Tota..lai: 19th Mlay ~,i5;$5{366,~7g8 t he resT e ~ w it hoU i th -, n a es E xcs!,"0;511,,d:r! salar i es5. t I M a37ch F8:,t 4.4......:4

Page  6 Excess Federal salaries 19th May, 11841, (i-s than Whiags Demosiatsthree months after the inauguration of President Surgeon General................... 0 Harrison)................................. 1. 14,313 Navy Departm ent................. 4 10 Bureau or'Cons~truction................. 1 According to these tables, which arec believed to 1Bureau I Coa-trucios n... 2 8 -I Bureau of Yards a n-d Doc.......... / be correct- we, have, then, in these offices: Bureau of ydrography........... 1 5 A Wfi'-g W it amc)rity, Marhi 4, 189...................184 Burear of Provisions..... J~~~~~~~~~~~~~~~~~~.... l,.anuary 1,183;............... a 6 u o rry............ 2 4 6c Mar ch 4T 1841. 5'2 T reasur-y D-partment................... N~~~~~~~~~Treasurer414........................... free err a 8 Iti And this nIas been represented a' proscrip tion, LanI Office..............................28 52 and used as a j-hs ific:tion fO tie? actual prosc' iu- en-io Office...................18 18 ntic tlo-att i (wed the aceessoti of the Ti s to Idian (ie.........................7 8 Firt C ptol,........................ 4 18 roa-,er nInd-er Gener~al Harrisono S,,, nd Coptrnollr...... 3 Upru his denth, Mr. Tyler, who had bee..i rs t IAdior.................. 15 F Firs", Auditor-....... 5:3 eected ilVice P-'esident by the Whigs, became!ri Sl- Amli -.....tr --.... 14 31 T hir d or....................12!8 Presidenor an'1'he Denaocruati party is in n way F TiAulitar................ 5 13 res'a'naible ore!hae rules which he adopted in dis- Flh Auitor................... 9 3 pe-seiu tole pa-urocage of the (Government- The I i Auditcr........... 18 Sixtht Auditor...........................18 nemocracy neither neor(ri-i`.ed nrrr in ected ha t ti- Ri-ter of the'a'a-........... 13 1 aco i proen- t Cersica1t a Ci e aic;te'r~. CI;, the Se n ator Solicitor..................... 4 fron ConnEctici -t to, hold t}elY~ ieu f —rOnSibie fiio' i Poii t oAicy G)epn rlm t.., 1 acts ox to pa lim afo upon them the nmen whonm IIe to and his friends put into ofice i264 Or nhec expnraiion oCf NM r q'trj s cm; pr -': Polk assismed t(le ret —s OC' "" riret; - it-! iO -sr i e ies i o cef D cras............. 108 fion proscribint all the'. Ie' i, d iha! mbraces the ofaAlep o n1' dc ma -, cea aid ffi~cesq,a h a been someim}~: i.erese, nted~ he einm::,:,euze~ Z1,to March 1..... pranes iei cre-at iib - tii'y. Makini, so' me - -!i -' i ltitu it ay a- it} s: ari- o i fiLuaemedoa Imcessab y io do justi0 e to ti:c jfarti iee he i}i et: Wi t~ort Sit I I2is Ilori' t, i it ti;: i tt i thlt eror; w -il swi ll the ";, ~ J'X Vi iiie -nd (ieer.te tlhe D-':'cratuc It -a:1 prepaxed (Coon..'~s. tuaid a!':'r:_gc'lajirity in -'~,: rrv, WI is i w h!i'akeu $oei n'e - ii s ch alsac I" iU ta" many Wh'-c -ia- a tairl-,a adr a ii fr il Os exrV' I t: iive TO-;cy wSere apro10ne dl to o~ic undr1' ti ihiti O(lit < i l'01~'e:jtiiiiu:~liuaipcC aicd gr-ait inidustry (lIT f se archs ive,t}v ),.ty hioard o f a'eprme. tinformspn t:- e il!!!,i j every ai:csiur" on i.i; rganeral acuracy; C'...: -; n-.l' C.. l ~'s''I h:'lb"ve alsao beeirneil friz~ied with a' -a~'enrlt tn he eu -A iced ti lw-e'n hi-~' icpr a-tiineut lalonT: ier Y13-5f'!"'i~Tv i lIi- ct-a -ii' — ac-::c ev i i:e -toiC: r-h hte bi'esit-, t'' d liei' T~ he- gengera{' -— uae (cmAoy this ttonp tca4;~ -'avr: (;le~r~ ar~cul~acy o~ ti~iia stii.'lme;:t catri~C dj somn e ~r, her of Lite prin cipa l oo'ffers in tsr an eta'" i ~~~~~j n-i "'h —i - I' ~~~~~~ ~~ is" - of - po'ii ptiiii'a Ill Ib e- c i ctntrer it le)d; psI wh eoi. a coniitir: i CI't fs; it p r-, -n ba&a sceede tma'al~t ~the Lanext''ap i tll R ruhis JiCi. which'ay throw further [i~0t, oa e too tihe condic; a lil te C prl itt nd-hnistrateoftha hws eeece~~~~~lc~~ed i i ~~~~al Jject: has, s ce is, d! Amon,,-d a the new appaiql nert;~; ~,ithc,~tt includi n g t:' t a d s of departn'~ent:, wire are, of tiat have been nmade, in what departent- h- c r, 0-' ii siiis aili tie chief s of the bureau- rf the aeD~emoncrat bc,,q the recipient of ~a pidecle chief. of th?' 10 r (f Dernancet b-sen Il- recipient 01f a p a'aruneut' of Mar arld of the Navy. tlie sSuiirey stands T-;c honorabsile scnat oe feiomi Co nile:at iEll 1 hs:e Deim W'hig. been led in-co a most iunaccountabflei% A i etoioe................. 5'li 1~~~~~~~~~~~~~ 0~~~~~~~~~~~ to the preeondea neoe of Democrats it the c H-nrt- i ptale-.......................- I 1 mlets on the accession of General T -valor. H'l' I ea-i'.'...... I 0 has givea a statement which Il ali assitea is so i Rt:ii:r of tle lreas u i'r.............. whicl I an as.,ed'' 0 I 1 Wi ~ ~~~~~~~~~~~~~solilatr.................................... wide from the truc arte of the ft. s ti e [i am SicA c -(rcte-ry of the Treaur.... 0 1 constrained:o 10il:tice it.', C::iii':i'i.oi' Patieals, I cannot account lfar so wild a ealcoluti-O iin-'a Peiisisit's, Lan;~Lds..c? h less it may have been prepared for the Sensoa t y " Iiiits. 6 scen alaplicant foe place, who, indifferer;C tio tli Iit-e a/nffairs, and I fate of present incuonirents, made such ie p - -t- - i Public Bsilltigs, J tions as might lead ta, more removals. E: iiiners of tie Patent li Office,......-. 3 well now give what I understand to be the \ ssi.,; it Examiners....1. I AAssistanlt Postal;t-ter General........ I facts, In LMayC lasi, C list was carefilly prepted.I United States Marsihal,.............. 0 1 by a gentleman wit' had good opportunity for j District Atorney............... 0 1 a ccuracy, and pubalished in the Unioni.....otmstr.......................... 0 1 i present thie table, with the following: expiap - Wande......................... it N av v.Azent........................ -... 0 tory remarks, firom that iournal:: Notwiitstanding the. fkai that Mr. yleir apipointd many!i cRe Ci ris - i — standingfitc~~~~ ~ ~ ~~~~ ramt oNr1r.qr. vie-, genl-lermea as Whilgs is 1841, who iwere esitinated as!i Der Ft'iig, iemocrats in t845,and who were styled as I)emocrats ill t'uiniefc!erk' ofdepartentst.... 1... 5 184,i yet when Mr. Polk surrendered tle governmrent on tie i}' Auditors........... 5 4th of March last, the offices in Washington were thlen di- on,ptroiera......I, vided a.s the fIIlowinrgtaIei exthilits: Re gister............ 0 ]. Wahig. l)emo ats. So licitor........... 0 1 Deparluatt of Stte........t............1 rarer.... 0 Patatit 08-rca~~~~~~~~~~~~~~~~~~~is t X~~~~~~~zsisaiet Secretary- 0 I Patent Ofhee.........................13 I I I A sanI Secri War Departmen t..................9 6 oiissioner s...... Adjutant General' s O1fice.............. 8 3 320 Commianding General....... 2 0,: Payiaster General......... 6 0:"ur sa in War and -i'manes.9....-.......................... 9 0tyepament 4 arterutaster General..................6 Engineer Core-......................... 54 Topo-raphical Engineer................ 6 0'Sevei.nteee'aret; c-tid by:iviliia)s, 3 Dcmrcrctaiic 14 iO, moeiessry:General............ 0. Wtiig

Page  7 So much for some of the principal officers here. four-and-a-half months, under the non-proscrip" annex a schedule of particulars which has been tive policy of the Whigs, as occurred in twelve cornished rme, to afford the means of correction, if years, under the preoscriptive administrations of any mistake exists. (See note B.) Jackson and Van Buren! But, air, I do not stop here. I propose to go Mr. DAWSON. Will the Senator allow mae cLeyond this District, into the States, and see what to ask him a question? ihe facta are there. There are the diplomatic and Mr BRADURY Certainly, sir. consular corps, the marshals, the district attorneys, Mr. DA. WSON. How many were removed;he collectors and offleers employed in the coilec- during the first six months of General Jackson's ion of the customs, the registers and receivers in Adminictraon!the land offices, the, postrmeaters, anti in fioe the Mr. BRADBURY I ar un able to state the'hoosands of officers extending all over the coun- precise number in that particular period.;try, upon whom the Executive power and patron- Mr. DAWVSON. The important officers are age can be broug4ht. to bear.I But, before I examine enerally removed during the first few months of minto thie manner in which 0this pa tronage haas een t I i, n iomingo Administration; and I suppose it exercised by the present Administration, I will go i il be, found t moat of the removals were rede back to the alleged,mose,:rtion under Presidtent in che crly part of the administration of Gerneral ackson, and antIac, history righ on tenthat subect, Jacso, This can beet be done by.prcsentior t the Seate, Mr PRADBURY, It may be so; and [ ind'od to the couc: I) a 1 a s It thO el.atI under Jackson's adminietmation, the number honorable Senator had rccolececd thei, he wou id 1 f poctmeatera removed duriog he first year was hardly ha~ve G1.llen into the~i errop~~, orinddin ~a y hlave fa-c il.,-) t a. ra, c, or 49;d I bhil we ae e inritnoed by the Senator from 4he ute h sir t to uhe. e sa ys: i f ConeItiat that during the first year of the pres~'a vech too, at avt - - - a.- P-' a11 c —-n 0i t r,.t A1olettmi tnist:rati the case stands (ortchlt 9, oie, entared upon a 1OW1ate.le s yster of p ro i-.) frollow0:.-' n'-:.....'....e'... -ngl~'tij S,~i,'] OfF'2Ii;OVa::- f(;l O}771Dio[] ~ sazkes' an-t AcCp t''aon~t)0 t O ar 0l.'f s1, et I 1W s j a. ite e v to tile Post- aster General, on RiP-ovP Als-A 3.3406'o ac a c c u, i-. d with a-le i e- S S on reigiintiitoii 2,8051 v,acor,4in7 erto oioe K &snator1 during th en-i-e i " i - oi deaths...... 2t8 serrod of his a-Ains-trai-ini and t.......:l- o'e-'orew alMVnoinDtemi-ents bty the Postaster General.....;-4,3essor, ~ro Van Dur~ n... Nfow, sir, lee ils lIc- aot d i 1s o-elet p,:os?.i MAKING 6,4:26 NEW APPOINTMENTS,'t0ono and see what it wos iAN.D 3,41G,9 RPEMBOVALS IN A YEAR,,.TNora sp. swer to. a rcsciciti A:. doite a o use os f Rp I'iDPa E: T.'~' l ~ LIBERAL POLICY"' OF GEN. cesact.iiadve-;a of July 16, 1841, an ofci ist lias Y A OP, AGANSI 491. UNDER,. "a'.S laid betre that body by: eas ob ted e d epierd-i tILLEN aLESS PROSCRIPTION" OF' GEN.L m-cs:ents,. a:l nof cs a pinted by the ot Preident, JACtSONU Bu-t this is not all; the'Senator'a with the advlice of( the S-nate, whlo a ad been.e- l,''na,5ae includes only the removals made by thie moved frota otffic:e rort'he 4th of Marrch, 189, P.tosttmseruh General, and not those where the enioluto the 4th of March, 184t, cnd the- ntumbeared pre- rnmeits exceed one thousand dollars per annum, and 3isely two hndrad anid eightytihrtee. I the appointment comes froni the President. And This period comprises. the twelve years while as to ihe large number of' resignations, some of -he administration was, i:n Demi.ocratic hands, unde1 thei ar aose ferom the ofices being worthless, and,Jackson and Van Burten, and while the LI whole otier-e to prevent being removed. - sale system of proscription" was prosecuted'~ with Bu t the Senator says there are many post offices relent!ess vigor!" I give an abstract containing retemain ing, from which no removal has been made, ahe relmovals under each department. Aside from the fact that many of thom have long C(isC of tha snvamitr of officers, whg derive their apposintment been held by Whigs, what is the character of the Jrom the naomisetise of the President avd onanerresre O offics remaining, compared with those front which "the Senate,'emaved from, office f-ro-m the 4th of Aferch, 182he -o te, resoef ol ii arch, 184.fn te th f h removal; have been made? Are they lucrative (or 3322i, t'o the 4th of Ohorehci, talt. j itlep.srieet of Stte —i ionatie................i important Not at all. As a general rermark, C onb.,;....................44 they are places of little income, hardly paying for Martsais, attoruys, &c.....37 the trouble of discharging the duties. And yet MisceIIanieos.........-.fl I8 War lcpartien-Ota:niissed or not reapoted.... 1 i the honorable Senator gravely compares them by reasury Pparteitoiletor............... numbcer with the valuable offices which have been Surveyors.................12 I filled by his friends; as if an office that paid one Naval officers.............. ior two doellars per month should offset one whose Appraisers................53I Registers in Land Office..l.1 enmoluoments were one, two, or three thousand dolRteceivers - ".......86-...33 i lars a year! Such mode of reasoning has no doc t)ithes lpamtattt-Deii tsgoilhlsdater oft!I parallel, except by that of the magistrate in KnickJul Iy 3?, t833i-tiia d-ate ofi at IIm anet aiutiorizinag euch ap- erbocker, who adjudicated upon the accounts of pointments..... 1... 15 two litigants by counting the leaves of the ledgers o 1 aupon which their mutual charges were made, and, 11100d p 1....................283 fiedin- that each contained an equal number, he wn the 4-th of March, 1841, the anti-proseriptive decided that the accounts balanced, and dismissed iarty came into power, under Harrison atnd Tyler; the parties! Such appears to be the rule of deaind it appears, in answer to the resolution of July cision of the honorable Senator. The Senator 16, that the number of removals of thoe sa class slate' the number of removals of postmasters in ogf officers to which I have referred, from the 4th 4 Maine, and I presume he does it correctly; but he of March to the time of the response in July fl- i omits to say that every one holding his place under.owing, (subordinates not being embraced in either the President's appointment, with a solitary ex-.case,) was. 182 —-nei.rly two-thirds as ma-ny Xi in Vptio:- " -has been removed.

Page  8 I regret that the hoooar!e Sen.ator, after giving A member fromn Ohio says: the renovaae under the Post, Office Denpartmert, aI f. reply to yoir inqniry, if have to say t1hat ii the seetCtit did not rc fit, to go on, and itfform ti:t renate. t f 1 of Ohio io t whicl I rT,,ide, ti-rovals have beein mirade by tue tresdecnt dAdennirp ti: nii- aio:. of a vcry large mrajoity of the pa the numrn-ber unc? c the t6other departmen'ts of th- e Ptsmi,f ilel-ng RZa-y (:-fiie, of iioriprtanee oi the,lIi of Mf arco;'. ptrylc d atvia Ice —how macoy u-as-hale, district ato:- o! 818 af dappoi-!-,ien~ mad' ire frit thie ranks of the t:r'ier ad neya,~ Mild or~,'ffdea" co!'ecror9, surveyors, aid sub-o of the Aministnrr io:, ordinates io the cu tom-hon e-so —and that.h ha I A mm- f, a~ Tennsee says: chosen to give us no I lght< upon this wide field iof Iti answer to your'lote cf this date, I have to say <a executt.iv patronase, 1.; Tho, left, we moust:e1 n e rly ati t oies litr the General Govennrneti ii tth such inforrmation as can e b obtained friom oth<mer Statse otf tn —iee of auy inp orta-ice or eolitanment, srno fi dl by W.hig-s. sourcesM Anxiously derirting to be accurat in my n l statements, and to do no injustice to any one, A. rnrmber fron Connecticut writes: n ~7answer to an jinquiry jut, put to me2'I have mo st:'!:a~i. snoug1ht information fro m raernolers of Oting-resa lit citsver to so isqetrjriat Pitt to rue, I cave toCon thenr are in my eong:'estiioal distriet~ sixty-eight posl from dite-rent Stae[s, as to the fcets in their e- ofita, and c he in tcuyetbet siic ditrity-fite ofithe i have teet ole-and tires iir-ttitienrts sf tlii~try-five of it-ien have b~e;.e apec.tive localities, and submi lemai cid I now cubit leters orn clanged it sttro ttct year. Of l othe s, alIarge inanr ube, members frorm several of the States: of the incumbents have aliready agreed in polities wiith the ~A member fro ~pm New s writes:present Admrinistration. I thir:k there are not Imore Iltat six or eight <litres now in the chtarge of Dentocrats, whsls In answer to your iniquiry how generally the system of'i e-sanest ino e is ve trde rlta. Yannual incm i over onF hun1dred dollarso mroval frotr office fbr political opirnions has been adoptedi iii oer State by the preuerrt A-ilri.rrioiratiori andt to whait extent A2 member froera Michigan says: Derecrats there, atve been retairned in office, I can otly Yours of hisi date, askingfor inforrrmation as to tire exten t say, that so far as I have ary knowledge, not a single Dem- to which DeIrocrats rave been removted fror office by the cnrat holds, at this tiire, asay office of the least irlioriance present Administration in thie State of Michigan, is just te5 in New York, within the reach of the Federal Goverinmerrt. I eeived. There acy be ltere rind there a deputy rpostmaster in sorne I Tn reply, I have to star trlat I know of no Denocrat whc ob.scure neighborhood; but, fiorr the general course par- now holts any office in Michigan of any considerable profit sued, it irs evident that all have been displaced whosesa- I- or irmportaree ulnder the National Adrministration. As cer cesiorcovfld be trred uoon, or iwhen onre could le firond gards the important and desirable offices, eilter DemnrCcratsl twho wouald accept the office. have been rerrnoved to rake room foir Whigs, Er Whigs ap Ameber from Mississippi writepointed in their places on the eapiration of their coimnie: A member from Mississ2ippi writes: ils In reply to y'our inquiry of this nmorning, I have to stare, It A m er from Pensrtes that I kriow very few Democratic officers int Mississippi vioho havs been permitlted to retain otfices under this Administra- As you are in process of investigation of the resmo-vals anni ion, Somte of the inost worrtiy anti fidthful irent in our changes ofoftieers, I can state that in Pen..v-ylvst ia all the Stsat have been removed fur no apparent reason, except im portant rfices have been placed iai the hairds of th:(-' that they were knownr to be decided Democrats. IWhigs by the present Administ:ration. A member from Indiana Writes: member from Arkansas writes: ~~~~~~~~~~~~~~~~In reply to your inquiry, I ave to star thatI the i'n In reply to youar inquiry I have to stats, that I know o bt In eply to our iiliy have to ta t regisle otne incumiinbent friendly to the last Administration, of atiy and receivers (fourteen in number) ii the State of Arkae valuable or proniinent ofice or ernploymrent, held under tile saon were removed on tle sate day, sooh after the accession United States in Inadiana, wrho has net bentr enroved ti-our of President Taylor to office. About the sanme time the disffice since Psde Tlor are into pvtrer, te t ofI tiet attorney anrd surveyor general were removed, and a few March, 1849. 1 dio not say but that there may be occasion- nel ferwrd i raal s fr a a ntrned, iy a Democratic polaster in the country ibef Urtdisturbed. thie principal postmasters have been rermoveds and succesedevrdssce the erolunni nts of Ihe post see too inrtaigirena - by persons of different politics. excite the cupidity of an otficre-seeking neighbor. A member from Kentucky writes: A member froma Florida kwrites: lThre important offices in my section of the State of dKeje The sweepin Florirrda its been genrsl and coiiplete. lrtl tucky have been taken from the Dentocrats, and given It 1the Whigs. Somne postmnaster%, even~, who kept officers one Demos rat remains ira any office of importarnee,s so farpostaster, evt, who kp oce merely for the convenience of tite neighborhood, have beets as I recollect; and lie owes hits continuance, thu flar, to a removed, and Whigs appointed in their stead, dispute between different applicants icr the spoil. Of coarse attsion is made to salarited offices. A Democratic post- In my own State, every office of importance is maste retained at St. Augustine, is an exceptiont to thIe now filled by the friends of the powers that be. gene~ral rule whiche h~s~ been pu 81in prrcacice. geral rule which s bee pat i practice. Collectors of customs, surveyors, marshal, district BA memaber from Illinois Bwrites: fi attorney, postmasters appointed by the President,' In reply to your tnquiry I take occasion to say, that in my (with a solitary exception,) most of the other postb opinion, ro oDemnocrat in my State (Illinois) bolds a Federdal masters whose emoluments are of any considerffice at this taimae, of' airy Corasequence or cotsideration. able imlortance, and even keepers of the light. A member frnom Texas writes: (houses, have been swept by the board. ProscripIn answer to your inquiry in relation to removals from Lion has done its work perfect; and "r violent handy: offie in our Staer%, I rave to say, i tat every Democrat who have been!aid, indiscriminateiy, upon the publi: hehl an office ohfany ilmportlen, hIas been removcd, (thcre i officers" who difered from General Taylor to pomay be two or three exceptions, as there are that niary I litiCIl opinion, notwithstanding they were hayest whose politiecs I do nort know,) arid thitr places have beeni h ~uppl~~ ~~~~iIdb hgs-ee of th/ilm fromt odl~-er sttes. a zttpplird by Wlrigahj~-scvcrrrl of titeni:aBta i capablee d f b. and fciitftl, aid far less obnoxious to the charge of political partisanship thanr those whi. A mnemnber from Alabam.a says: have s ucceeded them. This3 Adininistration h;as sczed upon nearly ev~ery ian-I This Aitniition has rized upot nearlyev n A statement has been sent to me in regard to the~ portant ohfies ins this 8!tse, (Alabatta,) and they are now c illed by Whigso The exceptions are few and generally an- I custo-hous e in Salem, Massachusetts, showi important. rEthat there has been no tirnme, for the last fifteen A membrer from New Hamspshire writes: years, when the larger share of the eamoluments 0o: In asw-er Or to yoe ir i-hqiris, retimovals have eneraliy that off-ice was not received by Whigs, and that nc been ianie in tire ntoe-.r inaiare-nt offices in New I-i iltisire remnoval of subordinates had been made undeby the presentw Admhist~'t~ and Whigs appofint-c. i: pa oby he peccnt Aiatltistotiunarid Whis, appoittnds it place Democratic Admitnistrations; yet, upon the acceSit offflraa~eocrstse~, chsion of President Taylor, Iroscription has cough' To which a oteosber frorm Vermsont ardds- i out such victims as athe aneonplished end talented The sanme is tue itwita rgrd to ermonst. s' isHawthorr;e.

Page  9 Bat I need riot cite farther evidence on this sub- I po-tmatote at Mmi ye e,,inc ly 1, 145, aond snc% o here iii red tile pcmima~er atMasiiJulye btbr 1y5 an o mimolewh expredabl jece. The satae responce cotmee from every quasr- i D Ade s e, w " p p {tcy en'mi,.ra ad ypired ter of the'Uniono' 1) Aide i Eli D. AudeIsc n) e.q., wal t nppointid eq Gonerai Taylor to ter oi' he Uniohn.iR ae o~ pmr Bmin8l-i uccehd.,:. I Iavoi n never receive-EdI t his day any otff-ial Tinh e rposito, th a t u n d ~e r q~n,~o ir;inler A i ni Stra - n, o~icctd oh' my re.non The A'ietnds - ot' h Anlrio. tion has'he work of proscription been cared to Ai Ki ve tas ky te rea'cl. fii'r mylv eCit:ovaL tha, v!iies so great an extent, is abundantly sustained by s the at aeive po'litic i n, and it wav contmar to the ic.ricie cad facts w two av td Ii pi poses {t' heAmiii tratin ato:cto,. aiv i- eo in othc~ fcets whiclh I lhave presentedo I believe, fib'ther5 who v.to)('k ta a!p -ca lr6t in politic While I wis canvass} that the nuiber ot removals will be found to be ii ih disdtiet~ and a; a distmt poiant, several are bags nearly t,reatc, if not greater, than the agg regate Io elpolitlCtic docume" cts addressed to ly sueccser or, Mr. An~ c, ~ "~=:~zn dfroree, and fl'nanked by th~e Hon1. T['UMk:N SMI/tTH, ees of all that have been made by every Deffmocratic io andahng e t aYtite Hon. Tah a s re ean I I An f onF horom ii a teiitot city to thie Maysvfille toot A;ice, aiud a~ Admilnis~ tration from the foundation of the Governs- j large quantiity of thea deivered to a Wlig named Moore meat to the present time~ What a redemption of iiiil diastributed ihroulgh the dietriet, Wten i returned to. the no-party pledges that were made to the coun- n i, t to tile otie, ca pt te po tl Iaset:rs procured some of' the doaCtPe.l.its, atid fclievedl my try! Wihat an exenmpification of that "; liberal.i 6 worthy sucessorr, Mr. Anderson, o' a part of the labor of ditrbuin thye mcs:(), Mr. Anexhiitng h co tepol ye policy' which affects to scorn the odious system ditributing thein, by exhibtiig them to the people mlyseli of bestowing the public offices as the spoils of party upton every occasion where I lmade a speech altetwardso 5 Mr. Andcrson, when thie documents were Feeeived~ wastf victory! I et the honorable Senator in his zeal M calls for moie rem ovals! pray, let them bma in the discharge of his dutiles as poiitmaster, and ever. calls fobr mor-e aremrovals! I pray, let them be rmadhe,'package, whichl contained some five or ix elocltioneehugz if the Administration desire it; for the few places docunments, intended falsely to create thie impression it my which hcave been spared are of little comparative district that the Democrats were in alliatnce with the Abra litionliss, was franked by Mr. Smith and addressed to Mr impFor whatanceIakialthipr Anderson. I was (lismissed rolls office because I waf: For what purpoe, sir, I ask, is all this proscrip- an active politician, anrd because the rule of the Administration. thton wats sot to retatina politiiat s in office but any sucessootr Is it to ejualize the offices. The facts I Yhave ii Id not become familiar with the duties of his office beftbore stated show that uch aground of justifica aMr. Sllitht —lwhetiher utlilnder the advice or not of the Admini as istration, do riot know —smlectd 111 as the agent through nothing to support it-that there can be no pre- whot to secure my delmct as a candidate for Congress, by tence that equality has been thle rule of action. tile distributiol O' electioneering doctmentz s!aadeting thu Mr. BADGER. I would ask the honorable Democratic party. Senator if the writers of the letters he has read These t icts you are at liberty 1o malke use of, and gS~lv Sa me as aUthtorty, should you think it advisable to do sno say that they were improper removals? The Very resepectfiuly your obedielnt servant, honorable Senator did not read anything of the R. IH. STANTON/ kind. Comment is unnecessary. Mr. BRADBURY, They were removals of Failing to vindicate the Administration1 and fincDemocrats, andI Whigs were appointed to succeed ing the taskI too uninviting to be puraued, may honthem. The officers removed were men who had orable friend has abandoned it, to engage in a rethe confidence and respect of the community; but view of the history of the Democratic party. He -being a Democrat appears to be regarded as a suf- commenced this part of his labor with atn attach ficient ground alone to make a removal " propers" upon the Administration of President Jacekson in these days of non-prosciption. 8pThat Administration has become a part of the his. Mr. BORLAND. If the honorable gentleman tory of the country, inscribed upon some of it; w;ill allow me a moment. Inasmuch as it seems brightest pages, and needs no defence froma me: to be desirable to collect information upon the 1'he laboring millions, in whose behalf its trisubject, I feel disposed to contribute a little, and umphes were achieved, vindicated and sustained it, to say that in my State the Administration has It is now recollected for the impress it atramped not only removed all the Demoerats, but somfe upon the legislation of the country, and the ben. of the Whigs also, and some of its own appointo efits it conferred, I can always forgive a Whig mrnte. Dfor any decorous assault upon President Jacksonr Mr BRA BURY. Anoherground of juifi That party have strong reasons for ramemberine eation I understand to be that the officers removed him with chagrin. He struck down and trarmapled, were active partisans, or interfered in electionls. ltheir idol policy in the dust. He destroyed theit How happens it, then, that the new appointments well-concerted schemes. An organized and powhave generally been made of the most active parti- erful party allied itself with a gigantic system oi sans in the country? Presidents of Rough and internal improvement, and the associated wealt, Ready clubs, and political orators who devoted of the nation, controlled by an immense banking themselves to party electioneering, have been put establishment, with its branches in every part of into office, while some of the most quiet and unex- the Union; and by these mighty aids it wtas upom ceptionable men have been removed. If the object the point of attaining and establishing itself permain the selection had been to procure political inter- nently in power. The avenues of busines were ference, the choice could not, in many cases, have controlled; the public press and public mene were been more fortunate. The absurdity of this pre- attached to its intersft, and accommodated by ito tence is so palpable, I am tempted to show it up. capital. Sch.emes were on foot that would have A Representative from Kentucky so1me time ago o required millions and tens of millions of dollare sent me, unsolicited, the following letter, which to complete them. They made a direct appeal tcr will explain what services were expected to be local interests so numerous that resistance woe perforated by the newly-appointed oficers; antd dangerous and seemed hopeless. President Jacke how far healty to the.idtinitratione is thle prre of son was urged, froam regard to every consideration, palroncre.: affecting' hintslf, Ind the safety of the party with Hlorse or~ 11seit.ssaw_&rxrtvs, March uSJ 1850. wic hoI HOUSE' 0 Y ak~ RIEPR El 8 ENTATIVESrwhih h2, 1 5, whieb Ilie hlad acted, to forego the veto~ He Snt: The sutbje ci; rettiivati froto oilice by the present it,AdniintwraiiT is nIder of' vlideraiontte Siyh tnhtpe, end preferred the public good to present ease and Administration is under consideration. in the 8(n-ate, and yourself and the. honornable Mr. SMIttt, of Citnnreticut. are temporary sucaesn, and did lis duty, and met engagYed in its sdiscussiion. J was atpoiited by Mr. Polt the shock. The same devotion to pri.cipIh

Page  10 10 impelled him to grapple with and crush, in a the revenues were paid into the more desperate conflict, the United States Bank. treasury.................... 2,700,000 00 Is it strange, then, that when engaged in theA struggle to which these questions gave rise the And there wil still remain....... 34,76.1,242 63 people should have insisted that their champion I Al-most THIRTY-FIVE MILLIONS 0F DOLLARS, as should stand at the he!m for another term? As- the. estimated expenditure for the next year by an suredly not; and, although favorable to the one- Administration whose friends and champions at'term principle, he is not obnoxious to the censure reigon that of Jackson for extravagaince! Whether J)f the Senator from Connecticut for vielding his thisi vast amount will be sufficient or not, we do wishes at the call of thc country, and' conseutitng not know. H-low much may be appropriated for H;o a reelection. internal imprrovements remairns to be determined. HE; "corrupt the public press," or bring the But if a tithe of what is asked shall be granted1 parhonage of the:ovecrnment into conflict with the and receive the Executive approbation, millions freesdom of electionst How- preposterous the mire will be required. We have just had a decharge it was iot he who advanced money to ficiency bill before us which atppiopriate soame editors. They,id nlot look to him for 4552,00 two millions of dt.ilars, think, to make up for!oan-;; The Senator has mistaken the direction t: the deficiencies in the appropriations of the last whicth ie should turn his investigations on this year. subject~ Let h.im seek for information in the Mr DAWSON. Will the Senatorf allow re airci'ves of thia corporationi which sought t on- to ask one question fIr infoirmatior,? lov much trol the currency and the politics of tIle, con tvo of t is estiosate of the deficiency bill is for a balThe honorable Senor cntenato o. that Genieral anco (ue, arising out oc traisactions of ihe past Jackson was elected Pruscideit upon pledges not to Ad i nd-"isti rai tioni I. mnerely wi'sh to akI to prevent make re-nmovald fIom office; and that urpon hi,''t n 0"."', nd ior the piiroove of pacing acceso —no in power, he vioateotd iitee oledes li by ihe ti ucihii ote i-n cits r ronitry like,nt erin.p ioq:,o who'cale''ys ofproseipt"i iC) s:i te sirhould be fairly rervse —c te by all is a f;sfficient answer to this position tlhat:t he iE ay crn ls Gvet tiot haes taken,t; as niie t ele-ed Cpon e uay pled'ies of the 1kind~ p!acei is;: in be riemediead by a [;rce-r.nfderstando ileform wvas the watcl —word of the cnwx Buot ijo I [I have:ufflcient confidteice... thei s-teli!gene apon wsa- proof doie the S tnaor ret his allege of te couotry to believe that no A.i'iv'iiion tion? Upos ietterl Written. dourmin thie contest, can impr-mose upo n,our pCeople, and ask fo.r a o'ivinii to.) it',i publit: oa-,surances as to is p nosition. to V which haey ale not entittect. r ucree oi'action,'ike tihone of General Tu ylor? I B iRADPUtBY~ Undout teily ccnidetersNo- at all. }-a w'oCte no'sich letters; his friends l e portion of the a:,propritrions ir the deficiency gavc no:'o.',u,-~ceS ITh hlnorable Seinator Mi:.. necessar y to neet expeatses which ge'sw out cae fid nothint', absolutely nothing, except a letter of the late war. I ditl not assail or condemn that writte5n to Mr. Monroe, twelvel years before that bill' it was neceassory that I should refer to it to time, making sugzeseions in reference to cieurn-.give, an accurate view of the extent of the approstan-es then existing. And I need not say that Iprintions now called for. The 0honorable SeInator';he Senator must have found himselfsorely pressed does not allude to the thirty-five millions that are eop a t'emp any analogy betw"een such a letter and called for, for the ordlinary expeises of the govhe direct and unequivocal assurances that flooded iernmtrent, in a year of profoiund peace, but exhe country during the recent presidential contest. presses his confidence that no Administration The allusion of the honorable Senator to the ex- will asdc for appropriations to which they aire not,enditures under President Jackson's adminstra- entitled. I have not the slightest disposition to:ones was most unfortunate for his purpose. It i do any injustice to the Administration. i rewas calculated to provoke exarmination into a sub- ferred to known facts-to documents which they ieat abotit which, I should suppose, he, ae the have spread before us; and I should rejoice if I especial friend of the present Adrminiitration, would couli be of any service in arresting the progress,?eel not a litte senaitive. By reference to official of this Government in extravagance of expaendiJtcuments, it will be found that the total expendi- tltures, by calling attention to the subject. In 1830 tore of the Government for the year 1830, exclu- the population was little lesas than thirteen millions, sire of payments on account of the public debt, and the expenditures were a fraction more than a Weas $13,229,533; antd the average annual expendi- dollar for each inhabitant. The present populasure, as above, during the first term of President tion may be a little more than twenty iillions, Jackson, was $14,062,f469. The Florida war in- and the ordinary expenditures at the rate of more -reas.Aed the expenditures beyond this amount du- than one and three-fourths-thu hs showing that the si'ing the second term. Now, sir, we have laid upon expenditures, instead of diminishing, are increasucr tables an ESTIMATE OF APPROPRIATIONS, for'the ing at a ratio of seventy-five per cent. faster than;isceal year ending June 30, 1851, from the Trees- the population, in the period to which I have reary Department, which calls for the modest sum ferred. It is time to pause, and consider to what f..............................$44,997,092 73 end this course will lead, and what ia to be the From which deduct estimates for burden upon the people when our population shall nayracot on account of the pub- I reach the number that a few more decades will in, debt..............,,. 7,533,850 10 give. It ia timqe to see if something cannot be done in the vway of retrenchment-somrething to And there will remain...... 37,461,242 63 limit such enormous expenditures. To do this, TP hissu'anmshou!d beftrtherreduced not only the Executive departments, but Conby the estimated cost of collect- grass most cobitrate in the cfiort. ing the customs, as this expense The Senator wa. unfortunate, also, in his refer-vuass fourmerly deducted before ie, tsa t.o te. e expense of collecting the custo m.s at

Page  11 the port of New York, and the number of persons others, yours of the 30th ultimo. My opinions on this subemployed in that service, under President Jackson. iecthaye buei often given to the