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The senate then (with a view to summer arrangements in the chamber) adjourned over to Tuesday next.

June 5. After a number of petitions had been presented and disposed of

must attach to your name, from the document | political purposes that our democractic commissionOn motion of Mr. Troiter, the bill to reorganize which you have put forth in relation to the emi-ers should make tremendous statements, or that our the district courts of the United States in Missisgrants arriving at this port. I did not expect that democratic mayor should deal in misrepresentation.sippi was considered, and ordered to be engrossed a brand would have been fixed upon you by one of It was left for your administration to enter upon ter a third reading. The bill to confirm certain your own party, in relation to this inatter; but I this line of conduct, which, in the end, will be pre-emption claims under the act of 1834 was taken perceive by the published debates of the common found not only to degrade the character of the city, up, opposed by Mr. King, advocated by Mr. Trotcouncil, that your own partisans have, in the pre-but deprive it of a revenue which, for years, has ter, and laid on the table with a view to amend it, sence of your fellow-citizens, with their own red been paid into your treasuary. You will find pas. on the suggestion of Mr. Webster, so as to exempt hot hissing instruments of pnnishment, left the sengers arriving at other ports, and making their from its operation cases of litigated claims. On scar-mark of your disgrace broad upon your fore- way to this city, in spite of laws, unless you build motion of Mr. Benton, the senate held an executive head. Alderman Bruen has told the country that a Chinese wall around us, and, moreover, alter the session. After which the bills ordered to a third what the mayor stated, in relation to the emigrants constitution of the United States; and, at the same reading to-day were, by consent, severally read a was not true. The alderman stated that he had time, the amount heretofore received from commu- third time and passed. examined the passengers, and, with but few excep- tation-money (in some years amounting to nearly tions, they were not the poor, miserable, and de- forty thousand dollars) will be wholly withdrawn graded wretches Mr. Clark had represented them! from the public treasuary. You will, at the conWhat, sir, must be your feelings now? You are clusion of your career, prove that you have been as despised by your opponents; you are contemned by incompetent for the discharge of the duties of your your supporters. Your calumnies have been station, from your ignorance and want of judgment | thrown back in your teeth by those who have as you have already displayed yourself unworthy of placed you in your present position; and they can- it by your illiberality, inhumanity, and want of renot, in their consciences, sustain one whose career gard for the feelings of your fellow-men. has thus brought upon him the condemnation of It is with feelings of any nature but those of a every liberal mind. I am not disposed to deal in pleasant character that I address you. It is indeed vituperation. Abuse injuries not the abused, nor humiliating to attempt to castigate one whose armdoes it add to the character of him who indulges in adillo hide is impervious to the lash. Surrounded that species of attack. The arm that is raised to as you are by a fœtid political atmosphere, where strike at you, is stayed when it is observed how malignity, falsehood, and slander alone can exist, low and degraded is the object upon which the it is with but little hope of reforming your conduct blow may be inflicted. The regret that must enter that I indite these letters. Your course of conduct, into the minds of even your own friends must be breif as it is, is blackened sufficiently to excite the indeed great when they behold you bringing the disgust of every candid man; and you may rest aspetty arts and practices of the lottery-office into sured, however those around you may, from interthe discharge of the duties of the office of mayor ested motives, make you believe that you are of the city of New York. They may indeed hang growing popular, that there is a spirit of intelligence their heads with shame, when they read a document and liberality abroad, which silently but powerfully which resembles a lottery advertisement in more is advancing, and will never rest until it has conrespects than one; when they see how far it assim-signed you to that retirement from which it had ilates to that species of writing in its pompous die been better, both for your own character and that tion, its misrepresentations, and, above all, its of our city, you never had been called. studied effort to deceive the public mind and to PATRICK HENRY. produce erroneous impressions. It shows evidently that the habits of life cannot be thrown aside at once, and that the practices with which they are familiar in private, are apt to mark the public career of man.

TWENTY-FIFTH CONGRESS.

SECOND SESSION-SENATE.

June 1. After some busiuess of minor importance had been disposed of,

The Senate proceeded to consider the bill to divide the territory of Wisconsin, and to establish the territorial government of Iowa, (west of the Mississippi.)

On motion of Mr. Crittenden, the term of service of the members of the higher branch of the legisla tive council was reduced from four to two years, and of the lower from two to one.

Mr. Hubbard, from the committee of claims, reported the house bill referred to them, for the relief of the heirs of Robert Fulton, without amendment, stating that two of the committee were of opinion that the whole amount allowed by the house of representatives was justly due to the claimants; another member thought that about $20,000 was due; but the other two members of the committee were of opinion that nothing whatever was due to the claimants. Mr. H. therefore gave notice that, when the bill should come up, he would move for its indefinite postponement.

Mr. White, from the committee on Indian affairs, to whom were referred the message of the president, the communication of the secretary of war, and other documents, in favor of two years' further delay in removing the Cherokee Indians, of further appropropriations for indemnities, and of leaving the management of their removal, as far as practi cable, to the Cherokees themselves, made a report, chiefly adverse in its tenor to the propositions submitted by the secretary of war.

The report was read; and, after arguing the great difficulty of submitting the question of the proposed two years delay to the respective legislatures of the states concerned, recommend that the removal should be effected as soon as it could be safely and conveniently done, in the opinion of the executive; that a sufficient sum of money for this, and for the purposes of indemnity, should be placed at the disposal of the executive; and that the removal should be managed by government authorities, so as to proteet both them and the people of the places through which they might pass.

On motion of Mr. White, the report was laid on the table, and ordered to be printed.

On motion of Mr. Grundy, the committee on the post office and post roads were instructed to inquire into the expediency of providing by law for the employment of an additional number of clerks in the general post office department, to meet the demands of the increase of labor and the extension of business.

You have, as I before said, been branded with having stated that which was not warranted by your own friends. Let me ask you to turn to the records and books of the commissioners of the alms-house, and answer some questions which I will put to you. Your object, evidently, in writing your message, was to produce the impression, not only that the passengers arriving here were paupers, but that the number arriving this year was greater than at any other previous time. Now, sir, The amendment from the judiciary committee, will you answer whether or not the number arriv-changing the term of the judges from that during ing between the 1st of March and the Ist of June, good behaviour, to four years, was advocated by of this years, was not less by several thousands Messrs. Webster, Morris, Grundy, Allen, and Sevier, than during the same period of time of the preced- chiefly on the ground that the requisition of the ing year? If not will you give the public informa- constitution, that the judges of the United States tion on that point? And here, sir, let me lead forth should continue in office during good behaviour, | On motion of Mr. Davis, the secretary of the into the public gaze one who feels proud of being had reference to the States considered in a strict treasury was directed to inform the senate of the harnessed to the same political car with yourself. geographical sense, not including the territories; amount of the annual expenditure in the collection I refer to one who has brought in a report on the and that in a new country an opportunity would of the revenue on imports for the last twenty years, subject of immigration, and who has with great probably soon arise of selecting better men for discriminating between what has been paid for seradroitness, endeavored to sustain the impressions judges; and it was opposed by Messrs. Clay, of vices and on other accounts. which your message was calculated to produce. Alabama, Norvell, and Prentiss, on the ground that He, sir, is the son of one of the descendants of the the expression in the constitution, "the judicial "land o' cakes," and yet seems eager to stigmatize power of the United States," meant the whole juas paupers the friends, and, for aught the public dicial power of the general government, whether in knows, the relations of his own father. Why, sir, the states or the territories, geographically condid he not make inquiry into this subject and he sidered. would have found that the passengers arriving from Aberdeen were in possession of money to the amount of several thousand pounds. Let alderman Patterson not ride this hobby of Native Americanism too hard. The blood of old Scotia, transmitted from his sire, flows through his veins; and his cheek ought to redden with shame when he finds that he is reiterating the slanders of some of those who came from Nova Scotia, and who have been settled by his party on one of our city departments. He ought to hesitate before he heaps contumely on the chrildren of the land of Burns and of Scott. Let him, as an honest politician, exaa ine every subject The bill itself was briefly opposed by Messrs. fairly, and be distinguished above his associates, by King and Sevier; and it was advocated by Messrs. always putting the saddle on the right horse. He Crittenden, Clay, of Alabama, and Buchanan; the ought to have tnore pride than to second the views arguments having mainly a reference to the size of of such men as are the leaders of the Native American faction, and let him leave that work to Master Walter, of the thirteenth ward.

The committee's amendment, limiting the judicial tenure of office to four years, was agreed to.

On motion of Mr. Clay, of Alabama, all but white males were expressly excluded from the right of suffrage under the bill.

On motion of Mr. Crittenden, two new sections were added to the bill regulating the election, &c. of the members of the legislative council, and making temporary provision in relation to the judicial districts, and to the times of holding the courts. Some minor amendments also were offered, and agreed to.

the portion of the proposed territory inhabited by
whites, (disputed, from 50 by 180 miles to 90 by
300 miles,) to the number of the white population,
(from 25,000 to 30,000,) and to the comparative
advantages of protection from Indian hostilities.

The bill was ordered to be engrossed for a third
reading, without a division. Subsequently read a
third time and passed.

To return to your honor. You have suggested that the passengers arriving during the present season are in a most wretched condition as regards health. Sir, at no season has less disease been among passengers than at the present time. At other periods we have had more passengers, more Some time was spent in considering the bill misery, more disease, greater expense on our alms- making appropriations for the completion of certain house establishment than at present, and yet we roads in Michigan; but, before the question was have no noise. It was not deemed necessary for taken, it was laid on the table. Ayes 19, nays 14.

Mr. Morris offered a resolution, which lies over one day, that congress adjourn on Monday, the 2d of July, to meet on the second Monday in November next; that no member of Congress receive compensation for services during the recess; (and another item unheard.) The following bills were read a third time and passed: To reorganize the United States district courts in Mississippi. To authorize the location of certain pre-emption certificates in Arkansas. Making disposition of certain copies of the Biennial Register, and to supply the committees of congress with certain books.

On motion of Mr. Lyon, the senate took up the bill making appropriations for the completion of certain roads in Michigan.

On motion of Mr. Lyon, the bill was amended by adopting a substitute, granting to Michigan, for the purpose contemplated, five per cent. of the proceeds of the sales of the public lands in Michigan, from June 23d, 1835, to July 1, 1836, on the ground that during that time Michigan was entitled to have been a state of the union; one-fifth only of the above amount to be expended during the present year. The amount of this one-fifth, Mr. Lyon stated, in reply to an inquiry by Mr. Southard, was something more than $100,000.

On the call of Mr. Davis, the yeas and nays were ordered, and the bill, so modified, was ordered to a third reading as follows:

YEAS Messrs. Benton, Brown, Clay, of Alabama, Fulton, Grundy, Hubbard, King, Linn, Lyon, McKean, Mouton, Norvell. Pierce, Robinson, Sevier, Tallmadge, Tipton, Trotter, Wall, Webster, Wright, Young-22.

NAYS-Messrs. Allen, Clayton, Davis, Knight, | steamboat, which Mr. L. considered mainly as a Lumpkin, Merrick, Morris, Niles, Prentiss, Pres- consequence of that approbation. His desire was ton, Rives, Roane, Robbins, Ruggles, Smith, of that the truth on the subject might be fully ascerConnecticut, Smith of Indiana, Southard, Spence, tained, and that the actual offenders might be Strange, Swift, White-21. brought to punishment.

The bill making appropriations for the prevention and suppression of Indian hostilities for 1838, and for arrears of 1837, was received from the house, read twice, and referred to the committee on finance.

On motion of Mr. Benton, 3,000 extra copies of
the documents from the secretary of the treasury,
stating the rates of exchange and prices of bank
notes, were ordered to be printed.
Mr. Webster submitted the following, which lies
over one day:

cular. As to some of the conditions, or limitations, stated by the secretary, it is true that they are imposed by existing statutes, and must be regarded; such as that the bills of no bank should be received, which bank, since June, 1836, has issued, or paid out, bills less than five dollars. As all the banks in some of the states, and nearly all in others, are in this predicament, it is necessary, undoubtedly, that some act of legislation should be passed, in order to make the recent resolution of any practical effect

in those states.

Mr. White gave notice that he should move, early on Friday morning, to go into executive business, Resolved, That the secretary of the treasury com- There are other parts of the new circular, howwith a view to clear the docket of all such business municate to the senate a copy of any order or cir-ever, of which I do not see the necessity, even as that called for the action of the senate before the cular issued by him to the collectors and receivers the case now stands. final passage of the appropriation bills. of public moneys, since the passage of the joint On motion of Mr. Trotter, the bill to confirm cer-resolution of the 1st of June, 1838, "relating to tain purchases of the public lands, under the act of the public revenues and dues to the goverment.' the 19th of June, 1834, was taken up, amended by Several bills were received from the house of reexempting cases of litigated claims from its opera- presentatives, read twice, and referred. tion, and, so modified, it was ordered to be engrossed for a third reading.

The bill granting the right of way through the public lands, to the state of Illinois, was taken up, advocated at considerable length by Mr. Young, and opposed by Mr. King and Mr. Southard, chiefly on the ground that a general bill on the subject had been passed at this session, doing equal justice to all the states, and the bill was indefinitely postponed.

The bill to grant a township of land to the French university of St. Louis, Missouri, was advocated by Mr. Benton and Mr. Sevier, opposed by Mr. Clay, of Alabama, and indefinitely postponed by the following vote:

YEAS-Messrs. Calhoun, Clay, of Alabama, Clay, of Kentucky, Clayton, Cuthbert, Davis, Grundy, Hubbard, King, Knight, Lumpkin, McKean, Merrick, Niles, Pierce, Prentiss, Rives, Roane, Ruggles, Smith, of Connecticut, Southard, Strange, Wall, White, Williams-25.

NAYS-Messrs. Allen, Benton, Brown, Fulton, Linn, Lyon, Mouton, Norvell, Robinson, Sevier, Smith, of Indiana, Webster, Young-13.

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The following bills were read a third time, and
passed: The bill to confirm certain purchases of
the public lands under the act of June, 1834. The
bill for the completion of certain roads in Michi-
gan. And the bill to confirm certain entries of
public lands permitted to be made by the registers
and receivers of the land districts, under the belief
that the tract had been offered at public sale.
The following bills were considered and ordered
to a third reading:

The senate bill to authorize John E. Metcalf and
others to locate certain pre-emption claims to land
in Indiana.

The senate bill for the relief of certain settlers on
the public lands, who were deprived of the benefit
of the act granting pre-emption rights, approved
June 13, 1834.

The senate bill to settle the construction of the
act regulating the pay of the paymasters in the
army. [Explained and advocated by Mr. Benton.]
The senate considered the bill to grant to the
Mount Carmel and New Albany rail road company,
of Indiana, the alternate sections of the public land
on the route of their road, on condition that the
company should carry the United States mail for
twenty years, and that the U. S. troops, arms, and
munitions of war, forever free of expense.
This bill was at much length explained and ad-

The bill to confirm certain entries of public lands permittted to be made by the registers and recevers of the land districts, under the belief that the tracts had been offered at public sale, was explained and advocated by Mr. Fulton, amended by a sub-vocated by Messrs. Tipton, and Smith, of Indiana, stitute offered by him, and ordered to be engrossed for a third reading

The house bill for the relief of John P. Converse and Henry J. Rees was discussed at much length by Messrs. Merrick, Niles, Robinson, and Grundy, and was lost on the question of ordering it to a third reading: Ayes 14, noes 16.

The bill for the relief of the widow and heirs of col. Albert Pawling was discussed by Messrs. Hubbard, Prentiss, King, Norvell Tallmadge, White, Sevier, Niles, and laid on the table: Yeas 20,

nays 18.

The senate adjourned; after an executive session. June 6. On motion of Mr. White, the message from the president, received yesterday during the executive session, relating to Indian affairs, was referred, and ordered to be printed.

Mr. Trotter and Mr. Mouton presented petitions from individuals. Referred.

Mr. Linn, from the special committee on the establishment of a new territory on the Columbia or Oregon river, made a report on the subject, (the bill having been reported several days ago;) which report, on Mr. L.'s motion, was laid on the table, and ordered to be printed.

and opposed by Messrs. Benton, Niles, and Allen.
Mr. Hubbard, with a view to make way for a sub-
stitute for the bill, moved to strike out all but the
enacting clause, which motion prevailed: Ayes 23,
noes 11.

It is proper, however, that the paper should be officially before us, as undoubtedly some further legislation will be necessary; and I shall myself propose some measure on the subject at an early day.

The resolution was adopted without dissent. The Vice President presented a communication from the treasury department, in pursuance of a senate resolution of May 2d, with a condensed statement of the condition of the state deposite banks, derived from the latest returns, together with the returns on which the statement was founded. Laid on the table, and ordered to be printed.

Several bills were received from the house, read twice, and referred.

The senate concurred in the amendments of the other house to the bill to establish the office of surveyor general for Wisconsin. The following bills were read a third time, and passed the bill for the relief of Robert Keyworth. The bill to authorize John E. Metcalf and others to locate certain preemption claims to land in Indiana. The bill for the relief of certain settlers on the public lands, who were deprived of the benefit of the act of June, 1834, granting pre-emption rights; and the bill to settle the construction of the act regulating the pay of paymasters in the army.

On motion of Mr. Wright, the senate proceeded to consider the house bill making appropriations for the prevention and suppression of Indian hostilities for 1838, and for the payment of arrearages

in 1837.

An earnest discussion arose on this bill, (not in opposition to its passage,) in which Messrs. Websler, Wright, Preston, Clay, of Alabama, Lumpkin, Strange, Southard, and White participated. Some of the principal topics were the manner of conducting the Florida war; the unparalleled expense (about $20,000,000) which had been incurred duMr. Tipton then offered a substitute for the bill, ring its continuance; the great uncertainty as to the authorizing the company to enter the alternate sec-additional time and expense necessary to its termitions, on a credit of six years, at $1 25, on condi-nation; the hasty examination into the conduct of tion that the road should be completed in that time. General Scott, on a letter from his second in comThat the company, in the mean time, might purchase any of the remaining land at the government price; that in case of failure to pay for the land at the end of six years, it should revert to the government; and that the company should, at all times, transport the United States arms and munitions of war free of charge.

On motion of Mr. Sevier, the bill was laid on the
table, and made the special order for to-morrow.

The Senate took up the amendments of the other
house to the bill to create the territory of Iowa.
Mr. Preston moved to lay the bill on the table.
Negatived as follows:
YEAS-Messrs. Lumpkin, Preston, Sevier
Spence, Strange, White-6.

mand, as contrasted with the want of all examination into the management of his accuser and successor; the want of full and satisfactory information as to the war; the late alleged treaty with the Cherokees; the supposed intention of the executive (which was denied) to extend the time of executing the treaty; and the prospect that by the prompt and skilful conduct of general Scott such delay would not be necessary.

The bill, without amendment, was ordered to a third reading, by the following vote:

YEAS-Messrs. Allen, Calhoun, Clay, of Ala. Clay, of Kentucky, Clayton, Cuthbert, Fulton, Grundy, Hubbard, Knight, Linn, Lumpkin, Lyon, McKean, Merrick, Morris, Mouton, Niles, NorNAYS-Messrs. Allen, Benton, Brown, Clay, of vell, Pierce, Preston, Rives, Roane, Robbins, RobMr. Wright, from the committee on Finance, re- Alabama, Clay, of Kentucky, Clayton, Davis, Ful-inson, Ruggles, Sevier, Smith, of Connecticut, ported, without amendment, the bill from the house ton, Grundy, Hubbard, Knight, Linn, Lyon, Mer- Smith, of Indiana, Southard, Spence, Strange, referred to them making appropriations for the pre-rick, Morris, Mouton, Niles, Norvell, Pierce, Pren-Swift, Tallmadge, Wall, Webster, White, Williams, vention and suppression of Indian hostilities for tiss, Roane, Robinson, Ruggles, Smith, of Conn., Wright, Young-40. the year 1838, and for the payment of arrearages in Smith, of Indiana, Swift, Tallmadge, Tipton, Trot1837; Mr. W. giving notice that he would ask the ter, Wall, Webster, Williams, Young-33. senate to consider it at an early hour to-morrow The senate then concurred in the amendments of morning. the house.

A number of bills were reported from committees and ordered to a second reading; which will be noticed in the further progress.

On motion of Mr. Grundy, the vote of the senate rejecting the bill for the relief of John P. Converse and Henry J. Rees, was considered, and the bill was recommitted for further investigation.

The bill was about to pass by unanimous consent, when

Mr. Hudbard stated that Mr. Benton had expressed to him a desire to address the senate on its third reading; and, On motion of Mr. Webster, the senate adjourned.

HOUSE OF REPRESENTATIVES.

The senate adjourned, after an executive session. June 7. After a number of petitions had been presented, and several bills reported, that will be noticed in their progress, the resolution offered ou the 5th instant by Mr. Morris, relative to the ad- Wednesday, May 30. Mr. Garland, of Louisijournment, was taken up, and, after having been ana announced that the agreeable duty had been explained and advocated by the mover, was, on confided to him of apprizing the house that the peomotion of Mr. Lumpkin, laid on the table. ple of Mississippi had affirmed their decision of NoMr. Webster's resolution, offered yesterday, call-vember last in favor of Messrs. Prentiss and Word, ing on the secretary of the treasury for a copy of as their representatives in the twenty-fifth consuch order as he might have recently issued in re-gress, and that those gentlemen were now in atgard to receiving bank notes, coming up for con- tendance, ready to take their seats. The Chair. sideration, The members elect will please present themMr. Webster said a treasury order had been pub-selves for qualification." Messrs. Prentiss and lished, which it was proper should be officially Word came to the table, and as the speaker was Mr. L. accompanied the resolution with some re-communicated to the senate. When speaking on about to administer the oath, Mr. Prentiss remarkmarks referring especially to the approbation ex- the joint resolution which lately passed, (said Mr. ed that, before being sworn, candor compelled him pressed by the British authorities, by capt. Marryat W.) I observed that some further legal provision to inform the house, on behalf of himself and coland others, of the destruction of the steamboat Ca- would be necessary, if the resolution should pass. league, that they did not claim their seats by roline, and to the recent destruction of a British This expectation is quite confirmed by the new cir- I virtue of the recent election in Mississippi, but by

Mr. Lyon presented a resolution, which, being objected to, lies over one day, calling on the secretary of war for copies of letters from gen. Scott, and other documents in relation to certain charges made by the British colonel Maitland and others against the conduct of authorities of the United States and of the state of Michigan in the late frontier troubles.

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virtue of the election in November last; that they looked upon the recent election as unconstitutional and wholly invalid.

Henry, Herod, Hoffinau, Holsey, Hopkins, How- In the course of the day, Mr. Lyon, of Alabama, ard, R. M. T. Hunter, Ingham, T. B. Jackson, J. asked the leave of the house to record his vote in Jackson, N. Jones, Kemble, Kilgore, Klingensmith, favor of the passage of the joint resolution from "Mr. P. further said that his colleague and him- Legare, Lewis, Lincoln, Loomis, Mallory, Marvin, the senate relating to the public revenue and dues self could not conscientiously take the oath under James M. Mason, Maury, May, Maxwell, R. Mc- to the government. any other election than that of November, and Clellan, McKennan, Mercer, Milligan, Mitchell, He said, when the vote was unexpectedly taken that upon their consciences they should take their Montgomery, Morgan, C. Morris, Murray, Naylor, on the passage of the resolution this morning, he oath and seats, if they took them at all, by virtue Noble, Noyes, Ogle, Owens, Parmenter, Patterson, was necessarily absent from his seat in attending to of that election alone. Pearce, Peck, Pennybacker, Phelps, Pickens, Pope, the claims of two or three revolutionary soldiers of "Mr. P. said that a high sense of duty, both to Potts, Potter, Pratt, S. S. Prentiss, Rariden, Ran-his district, whose pay had been refused at the himself and the house, called upon him for this dolph, Reed, Reily, Ridgway, Robertson, Robin- agency nearest their residence, under a regulation avowal, that, if any wished to make objection, they son, Rumsey, Russell, Sawyer, Sergeant, Sheffer, which, in his judgment, imposed upon the pensioners might have the opportunity of so doing." A. H. Sheppard, C. Shepard, Shields, Slade, Sny- and their representatives much unnecessary trouble. The Speaker said that the statement of the mem-der, Stanly, Stuart, Stratton, Taliaferro, Taylor, He alluded to the regulation which required, in the ber from Louisiana, that the gentlemen were the Tillinghast, Titus, Toland, Vanderveer, Webster, event of their failure to apply for their pay for a elected representatives from Mississippi, was suffi- A. S. White, J. White, E. Whittlesey, T. T. Whit-specified time, that they should be paid at the cient to authorize his administration of the oath of tlesey, L. Williams, S. Williams, J. L. Williams, treasury, and not at the agencies convenient to office to them; and he administered the oath to C. H. Williams, Wise, Word, Worthington, Yell, them. both gentlemen accordingly. Yorke-151 He said, in common with the great majority of Mr. Boon rose and expressed a wish to act upon NAYS-Messrs. Atherton, Cambreleng, Clow- his constituents, he felt much interest in the pasthe joint resolution received from the senate yes-ney, Coles, Cushman, Dromgoole, Duncan, Far-sage of the resolution prohibiting a discrimination terday. It was not his wish to embarrass the pro-rington, Isaac Fletcher, Fry, Holt, Hubley, Keim. in the kind of money to be received by the governgress of the Indian appropriation bill; and he Leadbetter, Logan, McKay, Abraham McClellan ment in payment for public lands, and for duties. should therefore move for the snspension of the McClure, Moore, Parris, Petrikin, Rives, Sheplor, He was gratified that congress had, by a vote so rules for one hour, for the purpose of taking up Spencer, Thomas, Turney, J. W. Williams-27. decisive, determined to put an end to a regulation and considering the joint resolution of the senate So the bill was ordered to a third reading. of the late executive, by which specie had been rein regard to the currency. The house then decided that the third reading quired in payment for public lands while bank should take place this day; and the bill was read notes were authorized to be received in payment accordingly. Mr. Duncan moved to recommit the for duties. If he had been aware that the resolu tion would have been put upon its passage so soon with the following instructions:

Mr. Pickens said, that he hoped the house would not spend time in discussing a collateral matter, at this late period of the session, while a bill covering the whole subject, which has passed the senate, Joint resolution to the committe on public lands, after it came down from the senate, his desire to

and is lying on the table, yet remains unacted on. The Chair reminded Mr. P. that a motion to suspend the rules was not debateable. Mr. Pickens said he had risen to demand the yeas and nays on the motion of Mr. Boon. The yeas and nays were ordered; and the house decided the question of suspending the rules for one hour, for the purpose indicated in the motion, by the following vote:

YEAS-Messrs. Adams, Alexander, H. Allen, Banks, Bell, Bicknell, Bond, Boon, Briggs, Brodhead, Buchanan, W. B. Calhoun, J. Calhoun, W. B. Campbell, Casey, Cheatham, Childs, Clark, Connor, Crary, Cranston, Crockett, Cushing,

Davies, DeGraff, Dennis, Dunn, Edwards, Evans,

"That this joint resolution be committed to the committee on public lands, with instructions to report the following amendments, viz. Provided, 320 acres shall be sold to any individual; nor shall That no portion of the public domain greater than any portion of the public domain be sold or disposed of to any individual, or body corporate, except for purpose of immediate occupation."

the

On this motion Mr. Duncan asked the yeas and

serve even a revolutionary soldier would not have prevented him from being present, and voting for it. He hoped the house would allow him now to have his vote recorded.

[This request of Mr. Lyon was not granted.]

Mr. Holsey, having concluded his remarks in support of the bill, and in favor of the immediate ratification of the treaty at New Echota, was foilowed by

Mr. Naylor, who, in a warm and energetic speech, reviewed the history of this government's negotiations and treaties with the Cherokees, all of which of oppression towards that tribe, for the purpose of he described as constituting a premeditated system

Everett, R. Fletcher, Fillmore, J. Garland, R. the yeas and nays on the question. "Shall the joint obtaining their lands. He dwelt upon the expul

sion of the Indians from their native homes as an

quest of

nays. Mr. Boon immediately moved the previous question, (cutting off the motion to commit,) and it dered to be put. Mr. Chapman, of Alabaina, asked was seconded; and the main question was then or resolution pass?" And they were ordered. Garland, Goode, W. Graham, Grantland, Grennell, The yeas and nays, thus taken, stood as follows: act of disgraceful injustice, and eulogized very Haley, Hall, Hamer, Harlan, Hastings, Hawes, Henry, Herod, Hoffman, Hopkins, Ingham, T. B. YEAS-Messrs. Adams, Alexander, H. Allen, highly the character of Ross, and praised, in terms Jackson, J. Jackson, Kemble, Kilgore, Legare, Anderson, Aycrigg, Banks, Beirne, Bell, Bicknell, of great eloquence, the firm and intrepid character Lincoln, Loomis, Marvin, J. M. Mason, May, Biddle, Bond, Boon, Briggs, Broadhead, Bronson, of that chief, who, amidst so much detraction and Maxwell, R. McClellan, McKennan, Mercer, Buchanan, William B. Calhoun, J. Calhoun, W. B. denunciation, had stood up boldly in defence of his Mitchell, Montgomery, Morgan, C. Morris, Nay- Cambell, Casey, Chambers, Chapman, Cheatham, people and their rights. Much of his speech conlor, Noyes, Ogle, Owens, Parmenter, Pearce, Childs, Clark, Connor, Corwin, Craig, Crary, sisted of documentary reading, going to show that Peck, Phelps, Pope, Potts, Pratt, S. S. Prentiss, Cranston, Crockett, Cushing, Dawson, Davee, Da- the treaty of New Echota was fraudulent, whence Rariden, Randolph, Reed, Ridgway, Robinson, vies, DeGraff, Dennis, Dunn, Edwards, Evens, Ev-he argued that to enforce such a treaty would be Rumsey, Russell, Sergeant, Sheffer, A. H. Shep-erett, Ewing, Fairfield, Richard Fletcher, Fillmore, grossly cruel and oppressive. perd, C. Shepard, Shields, Slade, Snyder, Stanly, Gallup, J. Garland, R. Garland, Glascock, Goode, Mr. N. gave way, during his remarks, at the reStuart, Stratton, Taliaferro, Tillinghast, Toland, Wm. Graham, Grantland, Graves, Griffin, Haley, Vanderveer A. S. White, J. White, E. Whittle- Hall, Halstead, Hamer, Harlan, Hastings, Hawes, sey, T. T. Whittlesey, L. Williams, S. Williams, Haynes, Henry, Herod, Hoffinan. Hopkins, How J. L. Williams, C. H. Williams, Wise, Word, ard, R. M. T. Hunter, Ingham, T. B. Jackson, J. Worthington, Yell, Yorke-112. Jackson, J. Johnson, N. Jones, Kemble, Kilgore, Klingensmith, Legare, Lincoln, Loomis, Mallory, Marvin, J. M. Mason, Samson Mason, Martin, Maury, May, Maxwell, R. McClellan, McKennan, Mercer, Milligan, Mitchell, Montgomery, Morgan, This motion prevailing, the committee rose, and C. Morris, Murray, Naylor, Noble, Noyes, Ogle, the message from the senate being taken up, the Owens, Parmenter, Patterson, Peck, Pennybacker, request it contained was granted without a division; Phelps, Pickens, Pope, Potts, Pratt, J. H. Prentiss, and then, the house having again gone into comS. S. Prentiss, Rariden, Randolph, Reed, Reily, mittee of the whole, Mr. Naylor resumed the reRencher, Ridgway, Robertson, Robinson, Rumsey, marks he had been making, and closed with a Russell, Sawyer, Sergeant, Sheffer, A. H. Shep- declaration of his fixed resolution not to vote one perd, C. Shepard, Shields, Slade, Snyder, Stanly, dollar for the purpose of carrying the treaty of New Stuart, Stratton, Taliafaro, Taylor, Tillinghast, Ti-Echota, fraudulent and oppressive.as he deemed it, tus, Toland, Underwood, Vanderveer, Webster, A. into execution. S. White, J. White, E. Whittlesey, T. T. Whittlesey, L. Williams, S. Williams, J. L. Williams, C. H. Williams, Wise, Word, Worthington, Yell, Yorke-154.

NAYS-Messrs. Beirne, Cambreleng, Chapman, Clowney, Craig, Cushman, Dromgoole, Duncan, Farrington, Haynes, Holsey, Holt, Hubley, N. Jones, Keim, Klingensmith, Leadbetter, Lewis, Logan, McKay, A. McClellan, McClure, Paynter, Pennybacker, Pickens, Potter, Reily, Rives, Sheplor, Spencer, Titus, Turney, Webtser, J. W. Williams-34.

So the rules were suspended. The resolution was then read twice, as follows: "Resolved by the senate and house of representatives, &c, That it shall not be lawful for the secretary of the treasury to make, or to continue in force, any general order which shall create any difference between the different branches of revenue, as to the money or medium of payment in which debts or dues accruing to the United States may be paid." And the next question in course being upon the ordering the resolution to a third reading,

Mr. Boon immediately moved the previous question, which was seconded; and the main question was then ordered to be put, without a division. Mr. Sherrod Williams demanded the yeas and nays upon the question of ordering the resolution to a third reading. They were ordered; and, being taken stood as follows:

So the joint resolution was passed, and returned to the senate. [It requires only the approbation of the president to become a law.]

Mr. Noyes, who moved that the committee rise, to enable him to move that the resolution of the senate (that day received, and then on the table, asking for certain papers which, through mistake, had not been sent up, with a bill from that house, requiring immediate action) be taken up and considered.

Mr. Chapman defended the Indian policy of Alabama, at some length, and replied to those remarks of Mr. Naylor, which were eulogistic of Ross, and in which he commented so severely upon the treaties hitherto entered into with the Cherokees.

NAYS-Messrs. Atherton, Bouldin, Camberleng, Clowney, Coles, Cushman, Dromgoole, Duncan, Mr. Dawson next took the floor. He defended Farrington, I. Fletcher, Fry, Harrison, Holt, Hub- the treaty, as the only representative in congress ley, Keim, Leadbetter, Logan, McKay, A. Me- from what at home is called the Indian party. He Clellan, McClure, Moore, Parris, Petrikin, Rives, declared himself friendly now, as he had ever been Sheplor, Spencer, Thomas, Turney, Jared W. Wi!-known to be-most friendly to the Indians. He liams-29. compared the Cherokee Indian policy, especially so far as Georgia is concerned, with the policy constantly pursued towards other tribes in other parts YEAS-Messrs. Adams, Alexander, H. Allen, of the country; and deduced from that comparison Anderson, Ayerigg, Banks, Beirne, Bell, Bicknell, Mr. Ewing gave notice of an amendment it was the argument that it was inconsistent for the people Biddle, Bond, Boon, Bouldin, Briggs, Brodhead, his intention to offer to the Indian appropriation bill of those states, by whose policy the Indian tribes Bronson, Buchanan, W. B. Calhoun, J. Calhoun, under consideration; and it was ordered to be prin- within their limits are now entirely or comparaW. B. Campbell, Casey, Chapman, Cheatham, ted. Mr. Patterson and Mr. Cushman made ineftively extinct, to condemn the present policy of Childs, Clark, Connor, Corwin, Craig, Crary, fectual attempts to present resolutions relating to Georgia towards the Cherokees. Cranston, Crockett, Cushing, Dawson, Davee, Da- post routes. On motion of Mr. Cambreleng, the Mr. Bell followed, and commenced a speech in vies, DeGraff, Dennis, Dunn, Edwards, Evans, Ev-house again went into committee of the whole upon review of the whole Indian policy of the governerett, Fairfield, R. Fletcher, Fillinore, Gallup, J. this bill, and Mr. Holsey resumed the floor in its ment, and dwelt to some extent on the fact that Garland, R. Garland, Glascock, Goode, Wm. Gra-support. The remainder of the day was spent in the estimates, upon which the present bill was bisham, Grantland, Graves, Grennell, Griffin, Haley, proceedings upon this bill, of which an accounted, were grounded on a state of things that did not Hail, Hamer, Harlan, Hastings, Hawes, Haynes, shall be given in our next.

now exist, and that, consequently, there was not

now the necessity which then existed for so large an appropriation as the bill demanded; when,

On motion of Mr. Wise, the committee rose. A motion being made that the house adjourn Mr. Dromgoole demanded the yeas and nays which were ordered; and, at half past eight o'clock the house adjourned.

Thursday, May 31. Mr. Loomis, after an explanation, obtained leave to call up the following resolution, offered by him on the 19th March last:

Resolved, That the postmaster general furnish to this house an estimate, showing, as near as he can

ascertain

1. What proportion of the mails of the United States consists of free parcels estimated by weight; 2. What proportion consists of free parcels esti mated by amount of postage on parcels that pay postage, and accounting all printed documents at pamphlet postage;

3. What would be the proportion of the amount of postage to be paid by government, in case all free parcels were charged to government at the same rate that private parcels are charged;

4. To how low a rate the tariff of postage would be reduced, and sustain the department, in case all parcels conveyed by mail were chargeable with postage;

5. To how low a rate the tariff of postage can be reduced, now or prospectively, within two years, retaining the present franking privilege, and sustain the department, with a rate of tariff deemed judicious and proper by him, in case such reduction

should be ordered.

This resolution was read and agreed to.
Reports were now received from committees,

among which were the following:

By Mr. Whittlesey, of Oh.o, from the committee of claims, reported, without amendment, senate bill to authorize payment to be made to the Missouri volunteers whose horses were lost or cast away on the voyage to Tampa Bay.

Mr. W. from the same commttee, also reported against the case of Polly Estes.

By Mr. Worthington, from the committee on commerce, a bill, entitled "An act to extend the limits of the port of New Orleans."

On motion of Mr. Lyon,

Resolved, That the committee on commerce be instructed to inquire into the expediency of passing a law prohibiting, under certain penalties, persons in command of vessels from discharging ballast into the channel or anchorage ground of any bay or harbor in the United States so as to obstruct the navigation thereof.

On motion of Mr. Bell,

Resolved, That the committee on the judiciary inquire into the expediency of amending the several acts prescribing the mode of taking depositions, by authorizing all persons, authorized by the laws of the states, to take depositions in causes pending in state courts, to take depositions in causes pending in the courts of the United States, and by enacting such other provisions as shall in their opinion promote the convenience of suitors, without removing any of the restrictions necessary to the safe administration of justice.

Mr. Worthington, from the committee on commerce, reported for the action of the house the following resolution, which gave rise to a brief discussion between Messrs. Whittlesey, Cushman, Fillmore, Bronson, Crary, and Marvin, and was then laid on the table till to-morrow.

Resolved, That the secretary of war be instructed to communicate to the house of representatives, at the commencement of the next session of congress, a copy of each survey, and chart accompanying the same, that has been heretofore made of of the shores, harbors, inlets, and waters of Lake Erie; also, a copy of each similar survey that has been inade of Lake Michigan.

On motion of Mr. Whittlesey, the order of the day for Saturday was altered, by directing that the revolutionary pension bills assigned to that day be taken up at half past 10 instead of 12 o'clock. A bill from the senate, to require the holding of a district court in West Tennessee, being taken up, was opposed by Mr. Bond, and advocated by Mr. Garland, of Virginia, and Mr Crockett, who moved the previous question, but consented to withdraw it at the request of Mr. Shields. Mr. Fillmore inquired how it happened that an application from New York for a similar accommodation to that proposed by this bill had been refused by the committee while this was so favorably reported on? Mr. Garland said he could give no explanation: the chairman of the committee (Mr. Thomas) was not in his place. Mr. Fillmore now (according to promise) renewed the call for the previous question. The house sus tained the call. Mr. Bond moved to lay the bill on the table, and demanded the yeas and nays: but the house refused to order them, and the motion

was negatived. The previous question being put, | Mr. Bell thereupon struck at Mr. Turney in the Mr. Bond again demanded the yeas and nays, but face, and blows were for a short time exchanged they were again refused. The bill was then passed. between them. The house then, on motion of Mr. Cumbreleng, Mr. Turney repeated his assertion that it was went into committee of the whole on the state of false, and the attack was renewed. the union, to further consider the Indian appropriation bill.

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Great confusion ensued. Members rushed from their seats, and cries were heard for the "Speaker!" and the "Sergeant-at-arms!" Mr. Duncan, said that such things must be the consequence of the abuses which was going on. One or two other members, while crowding to the spot, had some rather sharp verbal encounters.

"Sec. And be it further enacted, That the further sum of one million forty-seven thousand and sixty-seven dollars be appropriated, in full, for The Speaker hastily took the chair, called on the all the objects specified in the third article of the sergeant-at-arins to preserve order, and read a Brisupplementary articles of the treaty of eighteen tish precedent, (see Jeffersons Manual, p. 132,) hundred and thirty-five, between the United States where the speaker of the house of commons had, and the Cherokee Indians, and for the further ob-in like manner, interposed to quell a disturbance ject of aiding in the subsistence of said Indians for which had arisen while the house was in commitone year after their removal west: Provided, That tee of the whole. no part of the said sum of money shall be deductMr. Howard explained, in his own justification, ed from the five millions stipulated to be paid to that the occurrence had taken place so suddenly, said tribe of Indians by said treaty: And provided that, though he was most anxious to preserve order, further, That the said Indians shall receive no bene- he had not had time to interpose until the speaker fit from the said appropriation, unless they shall had, very properly, assumed the chair. At this he complete their emigration within such time as the felt nothing to complain of. The house had natupresident shall deem reasonable, and without coer-ment, in an officer who was their own choice, than rally more confidence, at such a moment of excitecion on the part of the government.

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Sec. And be it further enacted, That, for satisfying all claims for arrearages of annuities, for for the Cherokees who are not able to supply themsupplying blankets and other articles of clothing selves, and which may be necessary for their com fortable removal, and for medicines and medical assistance, and for such other purposes as the president shall deem proper to facilitate the removal of

could be reposed in a member only presiding for a short time. What was the proper course to be now pursued, it was difficult for him to suggest, and he did not suggest any.

arisen was, as had correctly been observed by the Mr. Wise said, that the excitement which had gentleman from Maryland, (Mr. Howard,)_very sudden, and it had now already blown over. There the Cherokees, one hundred thousand dollars." was no disorder in the house; none, certainly, that was visible; the best mode of disposing of the matMr. Bell went extensively into the general sub-ter, was for the house, calmly, and with dignity, ject of our Indian relations, and repelling the im- to go back into committee. putation that his own views of them had changed. The Speaker. The impression of the chair is—

Mr. B. spoke until 3 o'clock. When he had con

Mr. Mercer here rose, and said that, on a recent

cluded, Mr. Everett presented, in a succinct form, occurrence of a similar character, he had submitthe heads of an argument which he should dilate ted a resolution declaring that it was proper for the and fill up were there time, but which he should house to enforce the rule which requires that in present in a fuller form in a written report of his case of such unpleasant occurrences, both the parspeech. He went at some length into an examina- ties concerned must, before leaving the house, ention of the treaty of 1835, and though he denied its ter into a promise that the affair should proceed no obligation on the Cherokees, yet gave it as his further. The house, however, had, to his great opinion that their interest and the necessity of the pain, laid the resolution on the table. He could case rendered it expedient for them to remove. He not now consent to make such a motion; but the supported the amendment proposed by the commit-case was perfectly plain. He thought the rules of tee on Indian affairs; commending the spirit in the house were the laws of the house; but if the which the president's communication had been made, and expressing its confident expectation that, should the additional money be granted, the Cherokees would romove peaceably and speedily.

Mr. Crary next addressed the committee, and though differing very widely from Mr. Everett in almost all the principles and positions he laid down, he agreed with him in the conclusion to which that gentleman had come in favor of the amendment proposed by the committee on Indian affairs. He spoke at some length in reply to the speech of Mr. Bell, and in defence of the administration in its course of Indian policy.

house would not execute its own rules, Mr. M. could not perform his duty in it: There could be no more dishonor in supporting one rule than another. It was no dishonor to support a peace officer in the discharge of his duty; all were bound to do so. The rule was palpable. He did not rise to comment on the controversy; he had not heard the remarks of one of the gentlemen, (Mr. Turney,) and therefore could not judge of the provocation which had been given. If the house had not morality enough to support its own laws, Mr. M. could only regret it.

The Chair put the question on going into com

Mr. Turney followed in a speech which he con-mittee of the whole. tinued until a quarter before eight, when he gave way for a motion that the committee do rise. His speech consisted chiefly in a personal reply to Mr. Bell, large extracts of whose former speeches he quoted and commented upon.

The motion to rise prevailing, the committee rose.

Mr. Cambreleng moved to make this bill the order for to-morrow at 11 o'clock, and hoped it would be done with the understanding that the bill should be got through with on that day.

The house then adjourned at 8 o'clock. Friday, June 1. The morning hour allotted to resolutions, was occupied in the consideration of the resolution reported by Mr. Worthington, from the committee on commerce, relative to the surveys of the lakes; but before a final decision upon it, the house, on motion of Mr. Cambreleng, went into committee of the whole, (Mr. Howard in the chair,) and resumed the consideration of the Indian hostility appropriation bill.

Mr. Turney resumed the floor, and finished his speech in support of the bill.

After Mr. Turney had concluded his remarks, Mr. Bell rose, and, having complained of the attack of his colleague as unprovoked and unexpected, disclaimed any particular ill-will to him, on the ground that he was acting only as a conduit for the concocted and long-cherished malice of others, who had never thought proper to meet him personally. His colleague was acting as an instrument-as a tool-as the tool of tools.

Here Mr. Turney (who sat immediately before Mr. Bell) rose, and, looking him in the face, said, it is false, it is false.

Mr. Fletcher, of Vermont, commenced to address the house, expressing his pain at seeing the dignity of the house trampled on, and listening to dispar aging remarks by gentlemen against each other

The Chair reminded him that the question was not debateable. Mr. Mercer said he was reducing a motion to writing, and would, in a few moments, be ready to present it. Mr. Owens moved that the house adjourn.

On this motion Mr. Mercer demanded the yeas and nays: but subsequently withdrew the demand.

Mr. Yell said he hoped the gentleman from Virginia would not insist on the motion he seemed about to make, or make any proposition in the case. It might seem extraordinary that a gentleman from Arkansas should stand up in that house on such an occasion as a peace-maker, yet soch was now his design. If the gentleman from Virginia was desirous of promoting peace, his best course would be to do nothing. Mr. Y. had the pleasure to be well acquainted with both the gentlemen from Tennessee. If they were let alone, the momentary excitement would quickly subside, and the whole matter would stop here; but if the gentleman introduced his resolution, it would be a question of privilege, the house would get into a debate, and the two gentlemen would be removed to so great a distance, that all attempts at reconciling them would be hopeless. He had never known any good to follow from the efforts of the gentleman from Virginia in such cases, though he gave him every credit for good intentions. If the matter was to be debated, then the house must go into an examination of the causes of the rencontre, and its circumstances; all this would be pro

Mr. Wise coincided with the gentleman from Arkansas in referring this request to his colleague, (Mr. Mercer.) He begged him not to attempt to enforce the rule he had alluded to. It would only widen the breach. These gentlemen's age and standing would induce them to preserve the decorum of the house. From what both had declar ed in their speeches, there could be no previous ill-will between them. He did not doubt they were already ashamed of their momentary heat. They were already more punished than by any resolution or discipline of the house. He protested against the solennity with which every casual difference was taken up in this house. This was the spring of the year, and what the house had witnessed was a mere April gust, and would pass off and be forgotten. His colleague had tried this course frequently before. [Mr. Mercer. Never but once.] Well, I suggest to my colleague that he will with

draw the resolution.

As soon as the vote on this amendment was announced by the Chair, Mr. Cambreleng 1ose, and said he must insist upon another count thereon. The Chair said such a course would be irregular. Mr. Cambreleng hoped that some gentleman who had voted for it, as he had no doubt many had done, under a misapprehension, would move to reconsider the vote. Mr. Everett expressed the hope that the chairman of the committee on Indian affairs would bring forward the amendment introduced by order of that committee. Mr. Anderson moved to reconsider the vote by which the amendment above stated was adopted. Mr. Dromgoole said it was not in order to move a reconsideration in committee of the whole. The Chairman decided that it was in order to do so.

ductive only of evil. He knew both the gentlemen | The question was then taken on the following it be considered by itself. The others, he hoped, well. It would be best to leave them to their own amendment of Mr. Bell, and it was adopted, by tel- would be adopted. The object of the amendment good sense. lers-Ayes 77, noes 70. Add to the end of the bill to which he took exception was to reduce the apas follows: propriations for that part of the army stationed in "Provided, That, if the president shall ascertain the Cherokee country, to keep the peace there, that all discontent and further opposition on the $2,000,000, upon the assumed ground that the Floripart of any portion of the Cherokee Indians to the da war was now over. It was now the first of treaty of eighteen hundred and thirty-five can be June, and he would ask gentlemen what portion of allayed or avoided, by allowing an additional com- what is now asked for the appropriations for the pensation for the lands ceded to the United States army in Florida, for the first half of this year, could by the said treaty, and that the government may be cut off? Nor could he conceive that there was thereby be saved the expense of keeping on foot any safety or propriety in cutting off any portion the large military force in the Cherokee country of the Cherokee branch of the appropriation. There now contemplated, he is hereby authorized to apply was, as he learned by letters received by gentlemen two millions of the sum appropriated by this act to upon that floor, already great danger of collisions between the Indians of the Cherokee country and that object." the whites, and he could not believe that the proposition of Mr. Bell had been voted upon underderstandingly in committee of the whole. He hoped, therefore, that that amendment would be rejected by the house. Mr. Pope said he had intended to give his views at length upon this question while it was up in committee of the whole. He was not in the habit of troubling the house when it was impatient, and he would not say any thing now, unless the house were quite willing to permit him. He denied the power of the president of the United States to order a military force into the Cherokee country, to make war-the war-making power being vested in the house, and not in the president. He thought the amendment of Mr. Bell to be, therefore, perfectly correct. He considered a great principle to be involved in this bill, but expressed his determination to do or say nothing to embarrass its passage. Such an intention, he did not believe, actuated a single member upon that floor. He could not forbear expressing it as his opinion, however, that the treaty in question was no treaty at all. Add to the end of the bill as follows: Ever since the year 1830, he thought it the settled "SEC.. And be it further enacted, That the fur-policy of the adininistration that all the Indians of ther sum of one million forty-seven thousand and the country should remove west of the Mississippi sixty-seven dollars be appropriated, in full, for all a policy to which he had given, what it seemed the objects specified in the third article of the sup- to be impossible to withhold, his assent. He wishplementary articles of the treaty of eighteen hun-ed to give his views upon all these points, and he dred and thirty five, between the United States and had risen to move an adjournment of the house, to Cherokee Indians, and for the further object of enable him to do so hereafter. aiding in the subsistence of said Indians for one year after their removal west: Provided, That no part of the said sum of money shall be deducted from the five millions stipulated to be paid to said tribe of Indians by said treaty: And provided fur

Mr. Mercer now moved the following resolution: "Resolved, That warin words and a mutual assault having passed between two members of this house, viz. John Bell and H. L. Turney, of the state of Tennessee; they be called upon by the speaker to declare, in their places, that they will not prosecute any quarrel."

Mr. Duncan asked whether there was not a mo. tion pending to go into committee? and whether this resolution was in order? The Chair reminded Mr. D. it was a question of privilege.

Mr. Yell moved to lay the resolution of Mr. Mercer on the table, and it was done: Ayes 80,

noes 52.

A gentleman here rose to order, and inquired whether it would be in order now to move the pre

vions question, and thus act upon the bill under debate The Chair replied in the negative. The house could not act upon the bill until it should have been reported from the committee of the Mr. Bronson spoke on the same point; but the

whole.

chair adhered to its decision.

Mr. Bouldin moved that the house adjourn. motion was negatived without a count.

The

Mr. Pennybacker said that it was a farce that the house should have rules, and refuse to enforce them. He then moved the following resolution:

Mr. Rice Garland appealed from that decision, referring the chair to the parliamentary manual in corroboration of the point of order made by Mr. Dromgoole. Here Mr. Bell offered the following amendment, introduced by direction of the commit

tee on Indian affairs:

Mr. Pope here gave way to Mr. Bronson, who moved for leave to make a motion to refer certain bills from the senate upon Wisconsin affairs, which it was expedient to put in a train for immediate action thereon. The motion for leave was objected

"The hon. H. L. Turney and the hon. John Bell ther, That the said Indians shall receive no benefit to. Mr. Pope then asked leave to move that the bill from the said appropriation unless they shall comhaving violated the privileges of this house, by as-plete their emigration within such time as the presaulting each other in the house, whilst sitting, it is, sident shall deem reasonable, and without coercion on the part of the government.

therefore,

Resolved, That the said H. L. Turney and John Bell do apologise to the house for violating its privileges, and offending its dignity."

Mr. Yell inquired whether this was not, in substance, the same resolution which had been offered by his colleague (Mr. Mercer.]

The Chuir replied in the negative.
Mr. Yell then moved to lay the resolution also

on the table.

Mr. Grant demanded the yeas and nays; which

were ordered.

The roll had been called about one-third part through, when Mr. Wise rose and stated to the house that both gentlemen were ready and desirous to make the apology required; and proposed that the call be suspended; but the roll was called through; and the yeas and nays resulted as follows: Yeas 21, nays 155.

"SEC.. And be it further enacted, That, for satisfying all claims for arrearages of annuities, for supplying blankets and other articles of clothing for the Cherokees who are not able to supply them aelves, and for medicines and medical assistance, and for such other purposes as the president shall deem proper to facilitate the removal of the Cherokees, one hundred thousand dollars."

Mr. Garland withdrew his appeal upon the point of order. Mr. Anderson withdrew his motion to

reconsider.

Mr. Wise said that it was his intention, before the bill passed through the committee of the whole, to reply to the gentleman who had preceded him on the Cherokee part of the bill. But, at the desire of several friends, who were desirous that the question should be taken in committee, he had foregone his intention. He had had something to offer, more Mr. Bell then rose and said he had been ready at over, in relation to the Seminole part of the bill, by any moment, to acknowledge that he had violated way of bearing himself out in the assertion with the order of the house. He, however, appealed to which he had commenced this discussion-that the the older members of the house to say whether it war in Florida was wicked in its inception, more had been his habit to use unparliamentary language wicked in the manner of conducting it, and, most in that house. He regretted extremely that he had of all, disastrous in its results; that it was disgraceviolated the decorum, and offended against the dig-ful to the country,-a brutal and inhuman war, costnity of the house.

Mr. Turney followed, but in a tone so low, that but little of what he said could be heard. He was understood to say that he had no intention to insult the house, or to violate its rules.

ing the government millions of its treasure, and the
country some of its best blood. Such had been his
intention: but, after the cries he had heard of ques-
tion! from all parts of the hall, he would not then

under coesideration, as amended, be printed. This proposition was also objected to. Mr. Thompson then moved an adjournment. Mr. Yell asked for the yeas and nays. Not ordered.

Tellers were then called for, and ordered; and the house refused to adjourn by the following vote: Ayes 74, noes 81.

Mr. Thompson did not desire to say many words on this question. He had recently seen a letter from a United States officer in the Cherokee country, in which it was stated that, while the Cherokees did not mean to resist force, they did mean to remain upon their lands, passive and without willingly moving a muscle towards going. Unless propitiated, the officer believed their removal would cost millions of dollars to the country. Thus, said Mr. T. if not propitiated, millions must be expended for their removal; if conciliated, then the sum, comparatively small, now proposed by this amendment, will be expended humanely and nobly. He would leave the choice between these courses to all who had the hearts of men, and he could not believe they could hesitate which to choose.

From the first, all his sympathies had been with the Cherokees. He had never viewed this New Echota transaction as a treaty. Had he been in the senate of the United States when it came before them for ratification, he would not have voted for it as a treaty; although as a law upon the ground that congress has a right to extinguish the Indian title to lands within those states, he might have gone for it. And he would moreover say that, never from the day that Columbus discovered America till this time, had there ever been so advantageous a treaty Cries of question! were here renewed, more loud-made with any of the aborigines as this very treaty. ly than before. Mr. Cushing took the floor. "Ques-Put up at auction, the fee-simple of all the Cherotion! question!" from all parts of the house. Mr. kee lands could not yield so much, by a great deal, Cushing proceeded to point out a clerical error in the second section of the bill. The Chair gave notice that it should be corrected.

detain the committee.

The resolution was then laid on the table, and the house went back into cominittee of the whole, when Mr. Bell resumed the course of his speech in reply to his colleague, (Mr. Turney,) and in vindication of his past political conduct and character. He dwelt with much particularity and emphasis upon the attempts which he alleged had been made, for The question was then taken on the amendment some years, by political opponents, at home, to de- offered by the direction of the committee on Indian stroy him politically; and, having completed his re-affairs, which was adopted without a division. Mr. marks, was followed by Messrs. Halsted and Underwood, in opposition to the bill as reported, and in favor of the proposed amendment.

After they had finished their remarks the house grew impatient, and loud cries of "question!" were reiterated from all parts of the hall.

Cambreleng then moved that the committee rise, and
report the bill with the amendments; which motion
prevailed, and the speaker having resumed the chair,
Mr. Cambreleng hoped that the amendment of
fered by Mr. Bell, as for himself, and adopted in
committee, would not be accepted. He moved that

as this arrangement contemplates, over and above the consideration that a fine territory also awaits them west of the Mississippi. But all these considerations did not make this arrangement a good treaty.

Mr. T. passed a high eulogy on the character of John Ross, the Cherokee chief, and upon the people of that tribe generally, to whose rapid advance in learning and civilization be paid a handsome tribute. Differing as he did, and as he ever should, in most points, so long as that officer kept his present political associates, he still honored the secre

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