Nor is the period of which I am speaking the only one in which success has caused departure from the principles and policy of our party. The vast revenue, which the protective tariff placed at the disposal of the government, had the effects on those in power which might have been anticipated. They no longer relied on principles as the means of preserving their ascendency. The patronage and resources of the Government were deemed sufficient for that purpose; and many measures were adopted, which will hereafter be regarded as great and dangerous departures from the creed of the party: and which have done more to reconcile the people to the principles and policy of our opponents, and to weaken their confidence in ours, than all other causes put together. scribed line be passed ever so little, there is no fixing | him to say that he (Mr. W.) would embrace the earliest do something to bring back the state of prosperity any limits to the encroachments of power. opportunity to revive the tariff. But what he had said which the government had lost for itself and the was, that there was doubt whether the manufactures, country. under the minimum provided by the present law, would These proceedings emanated (Mr. C. believed) be sufficiently protected; and if it should be found that from the second town in importance in the state of they were not, he (Mr. W) would endeavor to procure Ohio, situated at the outlet of the great canal of that that protection. Mr. Clay said it would be with extreme reluc-state into Lake Erie. They were great friends of tance that he should, at any time, interfere in a the credit system, and well they might be, because discussion between the two distinguished senators from by that system the great work had been achieved, Massachusetts and South Carolina, and he did not now which was so beneficial and important to them, rise for such purpose. But the senator from South and so ereditable to the enterprise and energy of Carolina had used and repeated several times an ex- that state. pression which he (Mr. C.) could not permit to pass unnoticed. He was the more surprised at it because he had supposed that the adjustment of accounts be tween that senator and himself, made on a former day, had been mutually satisfactory, as it certainly had been entirely so to him (Mr. C.) As if, however the senator still had some remaining feeling about it, he had been pleased to describe the senator from Massachusetts and himself (Mr. C.) as "associates" in an attack upon him. There was no foundation for such an assertion. He (Mr. C.) had never conferred with the senator from Massachusetts on the subject of what he (Mr. C.) had intended to say towards the senator from South Carolina. And he was equally ignorant of what course the senator from Massachusetts intended to pursue towards the senator from South Carolina un till he heard him in the senate. Had he consulted with him on the subject, he (Mr. C.) should have advised him to have foreborne. There was, therefore, no ground whatever for the imputation of association or concert in any attack upon the senator from South Carolina. As to myself, each revolving year impresses me deeper and deeper with the truth and wisdom of the old Virginia school of politics. She was blessed, when this government went into operation, with leaders of the clearest discernment and purest patriotism; the Jeffersons, the Taylors, and Roanes, and many others, who had formed the most just conception of our system of government, and the policy to be pursued to preserve it. I had, from my earliest years, imbibed a strong attachment for that school. Indeed, I may say, it was inherited by me. But I never realized to the full extent the depths of its wisdom, and the vast importance of adhering rigidly to its maxims, till experience, and the reflection of riper and more advanced years, taught me. And here is the broad line of distinction between the senator and myself, which he, with all his ingenuity, cannot obliterate. He belongs, and always has, to another and an opposite school, which, to designate by its most distinguised leader, may be called the school of Hamilton; a man distinguised for his great abilities perfect frankness, and ardent patriotism, but who was decidedly inferior to Mr. Jefferson in genius, the power of original thinking, and the clearness and depth of his conception of the true nature and character of our government. Belonging, as we do and ever have, to schools so diverse, our agreement has, been casual, while our difference has been habitual and fundamental, both as to the nature and character of our government, and the policy it ought to pursue; and which has placed us opposite to each other on the present, and most of the other great questions which have been agitated in our time. He sees in the success of the present question the advancement of the principles and policy to which I am devoted, and in its defeat the advancement of his own; hence our difference, and the ardor of the present conflict-a conflict of opposing systems, in which, as one or the other may prevail, the future destiny of the country will be permanently influenced. The separation of the political and moneyed power will give a lasting ascendancy to the political school to which I belong, and their union to that of the senator. N. J. by him, concerning the annexation of Texas to On motion of Mr. Preston, the resolution offered The senate resumed the consideration of the bill to prevent the issuing and circulation of the notes of the late Bank of the United States. The subject was discussed at great length, almost wholly on the question of the constitutional power to pass the bill, by Messrs. Wall, Preston, Clay, of Ala., White, Grundy Prentiss, Rives, Calhoun, Roane, and Brown. Mr. Buchanan was understood to say that had the time not been late, he might have said soinething on the constitutional question involved in the bill; but he should now say nothing till the bill should come up on its third reading; nor should be probably then, unless induced to do so by something from the other side. The bill was ordered to be engrossed for a third reading by the following vote: The bill which they deprecated was now in the other house, and Mr. C. hoped and believed that it was dead, dead, dead, and he could not even add that supplication which usually closed the sentence of our tribunals of justice on a condemned pris. oner, [May the Lord have mercy upon your soul. I Yet, though he believed it was dead, it was possible that the president and the other friends of the measure might revive it; and it was to meet it, if it should come up in any shape, that Mr. C. now presented these resolutions, and asked that they might be printed, and lie on the table. The proceedings were accordingly laid on the table, and ordered to be printed. The Vice President presented a message from the president of the United States, with papers relating to Indian depredations on the property of an individual, (not heard.) On motion of Mr. White, referred, and ordered to be printed. and some other business of minor importance transAfter a number of petitions had been presented, acted, the senate took up, on its third reading, the bill to prohibit the issuing and circulation of the notes of the late Bank of the United States. Mr. Buchanan and Mr. Clay, of Kentucky, occupied the rest of the day in an earnest debate on this subject, (to be published hereafter.) The bill was passed by the following vote: YEAS-Messrs. Allen, Benton, Brown, Buchanan, Calhoun, Clay, of Alabama, Cuthbert, Fulton, Grundy, Hubbard, Linn, Lumpkin, Lyon, Morris, Niles, Norvell, Pierce, Rives, Roane, Robinson, Ruggles, Smith, of Con., Tipton, Trotter, Williams, Wright, Young--27. NAYS-Messrs. Clay, of Kentucky, Clayton, Crittenden, Davis, King, Merrick, Nicholas, Prentiss, Preston, Smith, of Indiana, Spence, Swift, White-13. Mr. Preston gave notice of his design to enter on the question of the annexation of Texas to morrow. The senate adjourned, after an executive session. April 24. Mr. Clay of Kentucky, rose and said he had been requested to present a petition, very numerously signed, by individuals embracing every class of the community-members of literary institutions, authors, merchants, and, in short, all the classes of society-in behalf of passing an amendment to the copyright law; that is, to extend the privilege of copyright to authors of such foreign countries as allowed American authors the copy. right there. They urged that the amendment would conduce greatly, not only to the encouragement of American literature, but at the same time, would be an act of justice to foreign authors. This subject had been presented by Mr. C. at the last session of congress, and also early in the present one; it had engaged a large share of the public attention, and had occasioned much discussion pro and con, and it had been itself the apparent cause of the publication of several books. Mr. C. would now take the opportunity to say that every conviction which had impressed him heretofore in the favor of this object, and which had induced him to move in the matter, remained unshaken, and was even strengthened, by all which he had since seen and heard. The committee had had this subject under their considesation for some time, and had very views of all the parties concerned; but, as the sesproperly waited that they might fully learn the sion was now far advanced, Mr. C. felt himself at liberty to express the hope that the committee would now report on the subject to the senate at some early day, and that the measure asked for would be passed. He moved that the memorial be laid on the table, and printed; which was ordered He is right in fixing on 1825 as the year when my views in relation to the principles and character of the government became firmly fixed and settled. It was then I took my seat in the chair which you, sir, now occupy. I had devoted the seven preceding years laboriously to the duties of the war department, which I had found in a state of complete disorder, and which so engrossed my attention as to leave me little leisure to attend to the general politics of the country. The change of office gave me both time and opportunity to view more minutely the general operations of the government, which I did not neglect. I soon saw the incipient state of those disorders, which had then just begun to develope themselves, and the causes in which they originated, as well as the fearful consequences to which they threatened to lead. This induced me to make a careful review and examination of the principles of the government. I went to the source, the Kentucky resolutions and the Virginia resolutions and report, which I carefully investigated, in all their bearings. I then turned my attention more carefully to the investigation of the character and tendency of what was called, at the time, the American system, and saw clearly its oppressive, corrupting, and dangerous tendency. I took a firm stand against it. Since then, my life has been one incessant struggle to maintain or restore the principles and policy of the old state-rights republican party, regardless of all personal consequences. During this long period of thirteen years of continued action, amidst the most trying scenes, I may bid defiance to the most rigid scrutiny to point out the slightest variation in my course, or the least departure from the principles or doctrines of the political school to which I belong. I may be accused of carrying my principles too far, or of adhering too rigidly to my doctrines, but of the opposite fault none have ventured to The senate then adjourned till Monday. accuse me. My adherence to them has never waver- April 23. Mr. Clay, of Kentucky, rose and said, ed under the greatest difficulties or danger. If, then, I he had for some time held in his possession, and erred in common with the great body of the party, he would now present, certain proceedings and under the circumstances which I have explained, I, at resolutions of a large and respectable meeting of accordingly. least, have long since made, I trust, ample amends. If the citizens of Cleaveland, Ohio, opposed to the I have done any thing to contribute to the common sub-treasury bill. They attributed (Mr. C. said) said was precisely similar, and which did not reerrors of the period immediately subsequent to the late the present deranged state of the currency and quire any remark from him, as it spoke ably and war, I have done far more, I hope, towards their correction, and the restoration of the principles and doc- business of the country to the action of this govern- fully for itself. He would only say that it came trines which our party profess, as well as to arrest the ment, and they deprecated in strong but respectful from some of the brightest ornaments of American ascendency of the opposite. To this great object, which language the passage of the bill to which he had literature, and was entitled to every respect and I solemnly believe, involves our liberty and the perpe- alluded. They regarded the proposed separation of consideration. Laid on the table, and ordered to tuation of our popular and free institutions, I have de- the government from the currency and business of be printed. voted my life. the country as wholly unjustifiable, and utterly repugnant to the nature and genius of our institutions; and they were desirous that the government should Mr. Webster said he would correct one misapprehension. The senator from South Carolina had understood YEAS-Messrs. Allen, Benton, Brown, Buchan- Crittenden, Davis, King, Merrick, Nicholas, Pren Mr. Rives also presented a memorial, which he Mr. Preston also presented a memorial of a similar character, signed by different classes of persons, booksellers and others. The discussion before the The resolution reported by Mr. White, chairman of the select committee on the case of Mr. Ruggles, declaring that there was no satisfactory evidence to sustain the charge made by Mr. Jones, of New Jersy, against the honorable John Ruggles, and that it was inexpedient for the senate to take any farther measures thereon, was taken up, and agreed to, without debate or dissent. public, Mr. P. said, to which the senator from Ken- The state was from forty to fifty miles wide at] Some business of minor importance was dispos tucky had alluded, was mainly between authors its southern extremity, gradually widening in ex-ed of, when the bill supplementary to the acts to and publishers, who had supposed themselves to tent until it became more than a hundred miles in the appointment of commissioners under the 14th have different interests on this subject, authors width on its northern frontier. There was an article of the treaty of 1830 with the Choctaw Inbeing of opinion that their interests would be sub-agency established on the extreme western limits, dians, was read a third time and passed. served by an international copy-right law. The and also one on the extreme eastern limits, the latdiscussion had been of some warmth, and had run ter being within sixty miles of the south line of the out somewhat into other collateral matters. Mr. state. Many pensioners in the counties mentioned P. believed the senate had already passed the bill in the bill were obliged to go from seventy to a asked for, and, as far as he could ascertain, public hundred miles, and some a hundred and thirty or opinion was very generally favorable to it, not only forty miles, to get to either of these agencies. This in this country, but in all civilized foreign coun- was not only a great inconvenience to the pensiontries. A distinguished member had introduced a ers, but occasioned an expense and charge to them bill of this kind in the British parliament, and had to which they ought not to be subject. If the agen- On motion of Mr. Prentiss, the senate resumed advocated it with much eloquence and ability. In cy provided by the bill should be established, this the consideration of the bill to establish a board of France, also, a measure of the same kind was con- inconvenience would be removed and the expense commissioners to hear and examine claims against templated or in progress; and in Germany, where it now incurred in a great measure avoided. Mont- the United States. was of more consequence than any where else, be- pelier, as already observed, was the seat of govern- On motion of Mr. Merrick, the bill was so amendcause they were the most extensive makers of ment. The legislature convened there early in Oc-ed as to require the special solicitor to file written books. Mr. P. would be happy to think that the tober, soon after one of the semi-annual instalments arguments in reply to the arguments of counsel for United States had taken the first step on this sub- to pensioners became due; and as each town in the claimants, not only when he should think proper, but ject, by proposing a general system for the commu- state sent a representative, pensioners might send when the board should require him to do so; and, nity of nations, and for the literary class, who ex- and get their money without expense or inconve- also, prohibiting him from practising as an attorney' ercised a very great control over public sentiment. nience. in any court of law or equity in the country. And there could not be said to have been a more It was true, as had been stated by the senator favorable time for the adoption of this general mea- from New Hampshire, (Mr. Hubbard,) that the sesure than the present, at the moment when the cretary of war had, by law, power to establish as public mind throughout the world was in a state of many agencies as he, in his discretion, might think repose, was in a state of general sympathy and proper, and that application might be made to him. homogeneousness, and of general union on subjects But it was also true, as the senator well knew, that connected with the happiness and improvement of the secretary bad adopted as a rule of his departmankind. This was owing to the great degree of ment, in order to rid himself of troublesome and universal peace, prosperity, and happiness, which vexatious importunities, to establish but two agenhad existed for the last twenty-five years through-cies in any one state; leaving it to the discretion of out the civilized world-a degree greater than had congress to establish more or not. It would be in existed before since the death of the second An- vain, therefore, to apply to the war department, as tonine. two agencies already existed in Vermont. Mr. P. believed that the additional agency would be a great convenience and benefit to the pensioners residing in the northern part of the state, and he hoped the bill would pass. This memorial, Mr. P. said, was, to a great extent, from booksellers and publishers, showing that there was now on their part a conformity with the opinions of American authors on this subject. Mr. P. moved that it be printed, and lie on the table; which was ordered. Mr. Buchanan presented a memorial from the chamber of commerce of Philadelphia, stating that the attempt to keep the river free of ice by means of the icebreakers had essentially failed, and asking farther facilities from congress; recommending, also, that New Castle be made a port of entry, that a winter harbor be provided for low down the river Delaware, and that certain piers in that river be repaired or constructed. Referred. Mr. B. also presented the memorial of Walter Johnson, asking the establishment of a national inatitution of the physical sciences as connected with' the public service. Referred. Mr. Bayard presented a memorial of the society of friends, praying some act for the protection or amelioration of the condition of the Indian tribes, and particularly against the unnecessary prosecution of the war in Florida. Laid on the table. Mr. Swift and Mr. Clay, of Alabama, also spoke in favor of the bill, which was then passed, and sent to the other house for concurrence. On notion of Mr. Roane, the bill respecting the banks of the District of Columbia was taken up and made the special order for Friday next. On motion of Mr. Trotter, (who made some remarks to show the urgency and propriety of the measure,) the senate took up the bill to extend the time for the commission instituted for claims under the Choctaw treaty, and the bill was amended as recommended by the committee, and ordered to a third reading. viz: The senate then proceeded to the special order of the day-being the following preamble and resolution, moved by Mr. Preston on the 4th of January, Whereas the just and true boundary of the United States, under the treaty of Louisiana, extended on the southwest to the Rio Grande del Norte, which pa-river continued to be the true boundary line until the territory west of the Sabine was surrendered to Spain by the treaty of 1819: And whereas such surrender of a portion of the United States is of evil precedent, and of questionable constitutionality: And whereas many weighty considerations of policy make it expedient to re-establish the said true boundary, and to annex to the United States the territory occupied by the state of Texas, with the consent of the said state: Mr. White and Mr. Robinson presented some pers, which were referred, the general import, even, of which, the reporter could not ascertain. After several bills for the relief of individuals bad been reported, and ordered to a second reading, The bill to establish a pension agency at Monpelier, Vermont came up, and was opposed by Mr. Hubbard, who presented a letter to him from the conmissioner on pensions, adverse to the object, which was read. Mr. King, who said he had not been attending to the adoption of these amendmeuts, moved to modify the bili so as to take away all discretion on this point, and require the solicitor to file a written arguinent with the commissioners in every case. The general merits of the bili were now discussed at length, by Messrs. Norvell, Hubbard, Prentiss, Benton, Calhoun, Niles, Buchanan, Tipton, Bayard, Clay, of Alabama, Sevier, White, and Linn. Mr. Bayard (Mr. King having temporarily withdrawn his amendment) moved to strike from the bill the provision for a special solicitor. Mr. Calhoun moved to lay the bill on the table, with a view to refer the whole subject to a special committee, who should devise and report a system of joint rules for the two houses, by which claims should be more certainly and efficiently decided by the two houses themselves, the claims being presented as now and heretofore. This motion was negatived as follows: YEAS-Messrs. Allen, Benton, Brown, Calhoun, Clay, of Alabama, Lumpkin, Morris, Norvell, Sevier, Smith of Indiana, Trotter, Wright, Young-13. NAYS-Messrs. Bayard, Buchanan, Clay, of Kentucky, Clayton, Crittenden, Cuthbert, Fulton, Hubbard, King, Linn, Lyon, Nicholas, Niles, Pierce, Prentiss, Preston, Rives, Roane, Robinson, Ruggles, Smith, of Connecticut, Spence, Swift, Tipton, Walker, White, Williams-27. The question recurring on Mr Bayard's motion to strike out the whole provision for a special solicitor, it was carried in the affirmative without a divi sion. On motion of Mr. Bayard, the number of commissioners provided for by the bill was reduced from three to two. The provision allowing claim. ants to appear by counsel, was also stricken out, to correspond with the want of a solicitor on the part of the United States. On motion of Mr. Morris the senate then adjourned. April. 26. The senate was engaged nearly all of to-day on the bill to create a board of commissioners to examine and report on claims against the United States. The bill was orderd to be engrossed for a third reading: Yeas 23, nays 15. Particulars of the day's proceedings in our next. HOUSE OF REPRESENTATIVES. Friday, April 20. Among the reports made today were the following: Mr. Petrikin, from the committee for the District of Columbia, reported, without amendment, the bill to incorporate certain banks in the District of Columbia. Mr. Bell, from the committce on Indian affairs, reported with amendments, senate bill to authorise the appointment of four additional clerks in the of Be it therefore resolved, That, with the consent of Mr. Prentiss said, that in introducing the bill be the said state, previously had, and whenever it can had been influenced by motives of public accom- be effected consistently with the public faith and modation, and especially by a regard to the con- treaty stipulations of the United States, it is desirvenience and interest of that class of patriotic and able and expedient to re-annex the said territory to meritorious persons who were enjoying the liber-the United States. ality and beneficience of the government. The bill Mr. Preston rose and addressed the senate about had been reported by the committee on pensions at two hours in support of the resolution. When he two or three successive sessions, and he had hoped had concluded, no other member rising, the resoluthat no opposition would be made to it. The com-tion was, at the instance of Mr. P., for the pre-fice of the commissioner of Indian affairs. mittee had not acted upon the supposed narrow and sent, ordered to lie on the table, in consequence of arbitrary rule, that no more than two pension agen: the indisposition of Mr. Walker, who, it was under cies should be established in any state. They had stood, desired to speak on it. at different times reported bills establishing additional agencies, though these bills, for the want of time, had not been finally acted upon. The senate then took an executive session, and then adjourned. Mr. Randolph, from the committee of agriculture, reported a joint resolution to authorise the president of the United States to lease gratuitously, for ten years, any lot of lard belonging to the United States, and not included in the enclosed public lands, for the cultivation of the mulberry and sugar beet. Mr. McKay, from the committee on military affairs, reported a joint resolution authorising the Columbia for a powder magazine and keeper's honse. Mr. Hopkins' resolution of inquiry, as to the connexion of the government with the press, and the expediency of destroying that connexion, with Mr. Dromgoole's amendment, extending that inquiry to some kindred and other topics, coming up in order, Mr. Garland, of Virginia, cominenced a reply to is colleague, (Mr. Dromgoole,) who had proposed the amendment, (which will be given, when finished, with the rest of the debate,) but which was not completed when the hour expired. April 25. The Vice President presented a comThe bill proposed to establish a pension agency munication from the navy department, in pursu at Montpelier, the seat of government of Vermont, ance of a senate resolution of March 1st, with a list for the payment of pensioners residing in the coun-of agents of the navy pension fund, copies of the in-secretary of war to purchase a site in the District of ties of Washington, Orange, Caledonia, Orleans, structions given them, of accounts and corresponEssex, and Lamoille, counties lying north of or dence with them, &c. Laid on the table, and or adjacent to Montpelier. No one looking to the dered to be printed. geography of the state, no one casting his eye upon Mr. Hubbard presented a communication from the map, could hesitate for a moment to say, with the collector at Boston, in relation to certain banks out regard to any other considerations, that Mont-in that city. Referred. pelier, of all places in the state, was the most suitable and proper one for a pension agency. It was central in its position, of easy access from all parts of the state, and especially from the several counties named in the bill. Mr. Benton, from the committee on military affairs, reported a joint resolution authorizing the purchase by the United States of the island at the confluence of the St. Peter's and Mississippi rivers. Read, and ordered to a second reading. This day being private business day, and the [ous question (on the passage of the bill,) which | A motion was made by Mr. Graham, of North board of claims bill being the special order, was seconded, and the main question was ordered to be put. for a call of the house. Lost. Mr. Cushman thereupon moved a call of the house. On this motion, Mr. Glascock demanded the yeas and nays, but the house refused to order them. Mr. Dawson moved an adjournment; lost, ayes 62, noes 68. The previous question was then seconded-ayes 75, noes 49, when the question on engrossing the bill was decided in the negative by yeas and nays, as follows: Yeas 75, nays 76. So the bill was re Carolina, to make the bill appointing commissioners Mr. Cambreleng rose, and said that the public of private claims the special order of the day for business required to be proceeded with immediate- Mr. Connor demanded the yeas and nays on the Friday next, but it was not agreed to. ly. He would therefore move to postpone the pri- passage of the bill, which were ordered, and the Mr. Petrikin moved the previous question on Mr. vate and special orders, and take up the unfinished bill was passed by the following vote: Turner's bill, but it was not sustained; and the depublic business. On this motion, (requiring a YEAS-Messrs. Adams, Alexander, H. Allen, bate on the bill was re-opened, and, as before, ocvote of two-thirds,) Mr. C. demanded the yeas and J. W. Allen, Aycrigg, Beatty, Bond, Boon, Bor- cupied the house for several hours. [The reason nays, which were ordered; and the motion prevail-den, Briggs, Bronson, John Calhoon, Casey, of the interest felt in this bill (beyond that ordinaed by the following vote: Yeas 139, nays 46. Chambers, Childs, Coffin, Corwin, Cranston, Cur-rily exhibited in regard to private bills) was that it The unfinished business, being the Cumberland tis, Cushing, Davee, Davies, DeGrath, Dunn, Ew-involves the principle of the allowance of interest road bill, was then taken up, pending Mr. Under-ing, R. Fletcher, Fillmore, Foster, Rice Garland, on the commutation pay of revolutionary officers.) wood's motion to recommit, with instructions; and Goode, William Graham, Grant, Grennell, Haley, Mr. Haley terminated this vexed discussion by the debate (to be given hereafter, in full) was con- Halsted, Hammond, Hamer, Harlan, Harrison, moving the previous question. tinued by Messrs. Clowney, Pickens, and Corwin. Harper, Hastings, Henry, Herod, Hoffman, HowMr. Casey, of Illinois, then took the floor, and ard, W. H. Hunter, Ingham, Jenifer, H. Johnson, moved the previous question. Mr. Pickens moved J. Johnson, Leadbetter, Lincoln, Marvin, Samson to lay the bill on the table. This motion had pre-Mason, May, Maxwell, R. McClellan, McKennan, cedence.] Mr. Briggs asked for the yeas and nays. Menefee, Mercer, Miller, Mitchell, Moore, MorOrdered. Mr. Campbell, of South Carolina, asked gan, C. Morris, Naylor, Noyes, Ogle, Parmenter, Patterson, Paynter, Peck, Petrikin, Pope, Potts, The question was then taken on Mr. Pickens' Prentiss, Rariden, Randolph, Reed, Ridgway, Rusmotion, and decided in the negative by the follow-sell, Sibley, Snyder, Southgate, Taylor, Tillinging vote : hast, Titus, Toland, Webster, A. S. White, J. YEAS-Messrs. Andrews, Atherton, Beirne, White, Elisha Whittlesey, J. L. Williams, Wor-jected. Bell, Bicknell, Birdsall, Bouldin, Brodhead, Cam-thington, Yell, Yorke-96. breleng, John Campbell, W. B. Carter, Chapman, NAYS-Messrs. Andrews, Atherton, Beirne, Clowney, Coles, Connor, Crockett, Cushman, Bell, Bicknell, Bouldin, Cambreleng, William B. Dawson, Deberry, DeGraff, Dromgoole, Edwards, Campbell, J. Campbell, W. B. Carter, Chapman, Elmore, Farrington, James Garland, James Gra- Cheatham, Cleveland, Coles, Connor, Cushman, ham, Grantland, Graves, Griffin, Haynes, Hopkins, Dawson, Deberry, Dromgoole, Edwards, Elmore, R. M. T. Hunter, Thomas B. Jackson, Jabez Jack Everett, Farrington, Fry, J. Garland, Graves, son, J. W. Jones, Kemble, Lawler, Legare, Lewis, Griffin, Hawes, Haynes, Hopkins, T. B. Jackson, Loomis, Lyon, Mallory, J. M. Mason, Martin, J. Jackson, J. W. Jones, Keim, Kemble, KlingenMaury, McKay, A. McClellan, Montgomery, Sam-smith, Lewis, Loomis, Lyon, Martin, Maury, uel W. Morris, Murray, Noble, Owens, Paliner, McKay, Abraham McClellan, McClure, MontgoParker, Pennybacker, Pickens, Reily. Rencher, mery, S. W. Morris, Murray, Noble, Owens, PalRhett, Richardson, Robertson, Rumsey, Sawyer, mer, Pennybacker, Pickens, Reily, Rencher, Rhett, A. H. Shepperd, C. Shepard, Slade, Spencer, Richardson, Robertson, Rumsey, A. H. Shepperd, Stanly, Stuart, Stone, Stratton, Taliaferro, Thomp- C. Shepard, Shields, Slade, Spencer, Stanly, Stuart, Mr. Toucey, from the select committee on the son, Toucey, Towns, Turney, Underwood, Van- Stratton, Taliaferro, Thompson, Toucey, Towns, late duel, by leave, made a report, the consideraderveer, Weeks, L. Williams, S. Williams, J. W. H. L. Turney, Underwood, Vanderveer, Wagener, tion of which he moved should be postponed to two Williams, C. H. Williams, Wise-85. Weeks, L. Williams, Sherrod Williams, J. W. weeks from Monday next, and that it be printed. Williams, C. H. Williams, Wise-80. He said this motion was made by the unanimous On motion of Mr. McKennan, the house then ad-order of the committee. journed-it being twenty minutes before 6 o'clock. Saturday, April 21. After several reports on private claims had been received, Mr. Lincoln, from the committee on the public buildings reported an amendment to the bill for taking down the treasury building, which was ordered to be printed. NAYS-Messrs. Adams, Alexander, Heman Al- Yorke-109. public lands in lots of 40 acres; which said peti- The joint resolution of the house, authorising After the yeas and nays had been taken, but before they were announced, Mr. Wise said he had voted through inadvertence, being personally interested in the question; and he requested that his vote be erased. After some hesitation, it was ordered that the vote be erased from the journal; not as though he were excused, but on the ground that he had no right to vote. Mr. Mercer made a similar request, and on the same ground. Several attempt were made to debate the question, which were declared to be out of order, the house having decided on it by yeas and nays. Mr. Mercer's vote was erased. [This report not having been ordered to be printed, the clerk of the house has, perhaps very properly, declined to allow copies to be taken of any part of it. We are enabled, however, to state generally, that its conclusions are that Mr. Wise, on account of his participation in the duel, is deeply involved in a breach of the privileges of the house, and is deserving of censure by the house; that Mr. Jones is also involved in a breach of the privileges of the house, and also deserving of censure. In regard to other persons, accessaries or spectators, (except as follows,) the committee contents itself with stating facts and evidence, without recom nending any action. From the Globe of Saturday night, whose publishers appear to have had access to the report before it was presented to the house, we obtain the following quotations from the report: FROM THE GLOBE. In relation to Mr. Graves, the recommendation is in the following words: "The committee, therefore, viewing the breach of the rights and privileges of the house, on the part of Mr. Graves, to have been an offence of this high Mr. Fairfield obtained leave to offer several peti. character, against the vital principle of a deliberations in relation to the late duel, which were refer.tive assembly and of representative government, red to the select committee on that subject. feel constrained, by a sense of duty, to present to the house a resolution that he be expelled therefrom." The house then proceeded to the unfinished business of the morning hour, which was Mr. Hopkins' resolution for separating the government from all connexion with the public press. In conclusion the report says: The demand of Mr. Casey for the previous question was seconded by tellers-Ayes 91, noes 61. Mr. Sherrod Williams demanded the yeas and nays on the question "Shall the main question be now put?" Ordered. And the house decided that the main questiou should now be put-Yeas 108, nays 86. Mr. Montgomery, of North Carolina, moved an adjournment. Lost. The question recurring on the engrossment of the bill, Mr. Reed "The committee entertain no doubt that James demanded the yeas and nays. Ordered. And the Mr. Garland, of Virginia, resumed and concluded Watson Webb has been guilty of a breach of the house ordered the bill to be engrossed and read a his remark on that subject; when Mr. Wise obtain- privileges of the house, but they also concur unan third time, by the following vote: Yeas 100, nays ed the floor, but yielded it to Mr. S. Williams, who imously in the opinion, that if there be any real 95. Mr. Fillmore moved an adjournment. Lost. moved to amend the amendment offered by Mr. ground to believe that a conspiracy to assassinate Mr. Rhett moved a call of the house. Lost. Dromgoole to Mr. Hopkins' resolution by appending actually existed, as set forth in that atrocious paper Next Monday, to-morrow, and this day, were nam- thereto his own resolution on the subject of retrench-drawn up by him, signed by Daniel Jackson and ed as the time of reading the bill the third time. ment; modified, however, by omitting the words William H. Morell, sworn to by the latter, and pub. Monday-lost. To morrow-lost. The Chair illustrious Andrew Jackson," and substituting lished in the New York Courier and Enquirer, he naming the question as being on to-day, Mr. Tho-"the late president of the United States." be left to the chastisement of the courts of law and mas moved the first Monday of May next, and on On this amendinent he addressed the house, and public opinion, and that the house will consult its this he asked the yeas and nays. Mr. Rhett then had proceeded for a short time, when the morning own dignity and the public interests by bestowing moved an adjournment. Lost. Mr. Elmore mov-hour expired, and the subject lies over, upon him no further notice."] ed a call of the house. Mr. Thompson asked for Mr. Thomas, of Maryland, asked the house to the yeas and nays on this motion. Ordered. Mr. take up the motion for reconsidering the leave of Elmore moved an adjournment. Lost. Ayes 73, absence from the 1st of May next of Mr. Smith, of noes not counted. The yeas and nays were then Maine. taken on ordering a call of the house; and it was decided in the negative as follows: Yeas 62, nays 107. Mr. Thompson moved an adjournment. Lost. The motion of Mr. Thomas was rejected by the following vote: Yeas 83, nays 95. The question recurring on ordering the bill to be read a third time this day, Mr. Chapman, of Alabama, asked for the yeas and nays. Lost. The house then ordered the bill to be read a third time this day. And the bill being read, Mr. Boon demanded the previ- the enacting clause. Objection being made, he moved to suspend the rules, and on this motion he demanded the yeas and nays, which were ordered, and, being taken, resulted as follows: Yeas 87, nays 92. (Not a majority, two-thirds being necessary to carry the motion.) The house then proceeded to consider the calendar of private bills, and took up the bill for the relief of Dr. Philip Turner, with the amendment from the committee of the whole, proposing to strike out Mr. Grennell, in behalf of himself and Mr. Rariden, members of the committee, presented a writ ten statement of their views, which he asked might be printed with the report. Mr. Elmore, not being able to agree with either in the report of the majorities, asked leave to pre sent in writing his views, and that this paper might be printed with the rest. Mr. Robertson said that, having understood that this report would probably be brought into the house to-day, he had examined the parliamentary law relating to the subject. The subject was of import ance, not merely as it related to the parties impli cated, but as it bore upon the privileges of the The papers were then referred to the committeeing its just limits on the other. They were of the on foreign affairs: and, The house adjourned. house. The result of his examination was a con- Mr. Fillmore called for the reading of the reso lution, if any, which the majority of the committee had reported to the house. Mr. Boon moved that the house adjourn; which motion prevailing, ayes 86, The house thereupon adjourned. Monday, April 23. The motion of Mr. Toucey, chairman of the select committee on the subject of the late duel, to postpone the consideration of the report, and to print, was discussed during the whole of to-day by several members; of which discussion an account will be given in our next, if practicable. No question was taken. a He opinion that the investigation was instituted solely for the maintenance of the privileges of the house. It was not within the province of the house of representatives to investigate the causes which led to the death of one of its members, or the circumstances which attended it, with a view to the punishment of any offender for a high crime or misdemeanor. That belongs, in every case, exclusively to the courts of law. Senators and representatives are not privileged from arrest in cases of "treason, felony, and breach of the peace;" and it is a constitutional provision, that in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law; and to be informed of the nature and cause of the accusation; to be confronted by the witnesses against him; to have compulsory pro cess for obtaining witnesses in his favor; and to have the assistance of counsel for his defence." The inquiry, therefore, is directed to one object only-the maintenance of the privileges of the house; and the question is, what, in that view, were the causes which led to the death of Mr. Cilley, and the circumstances connected therewith, and did they involve a breach of those privileges? In pursuing this investigation, the committee have examined all whose testimony, there was reason to believe, might be material; and Messrs. Graves, Wise, and Jones, members of the house, The message of the president related to the rewere permitted to attend, and to examine and crosscent attack upon the steamboat Columbia, by examine the witnesses; and the same leave was exMexican vessel of war, and he (Mr. H.) was re- tended to Mr. Menefee, of the house, and to Mr. On motion of Mr. Cambreleng, from the commit-ported to have said that negotiations were pending Pierce, of the senate, at their request.' The entire tee of ways and means, the committee of the whole upon this very subject. This was an error. mass of the testimony is now submitted as a part were discharged from the bill heretofore reported had no knowledge upon this point. But what he of this report. One witness, Daniel Jackson, of to authorize the issue of $10,000,000 in treasury did say, in reply to the motion to instruct the com- the city of New York, who was summoned to notes; as also from the bill reported, supplementa-mittee to report speedily, was this: that the delay attend, and called upon to testify, has neglected to ry to the act of October last, authorizing the issue which had occurred in reporting upon the subject obey the requisition, though he appeared before the of $10,000,000 in treasury notes; and these bills of Mexico was not accidental but intentional. The committee, and interrogatories were put to him; were recommitted to the committee of ways and reason was this. In November last the Mexican but, from the position in which he stood, and the minister had informed the government of the Unit-disclosures of another witness, it was not thought means. And thereupon, ed States, when he annouced the rejection of some worth the time or attention of the house or of the few of the claims which had been presented to it, committee to notice him further. that as soon as the other claims could be examined A bill to carry into effect an act approved the 12th day The committee were willing to wait for this deci- William J. Graves, a member of the house from The late Jonathan Cilley, a member of the the decision upon them would be made known. house from the state of Maine, fell by the hand of of October, 1837, "to authorize the issuing of treasury sion as long as the nature of the case would admit; the state of Kentucky, in a duel fought with rifles, Be it enacted by the senate and house of representatives and it was clear that the more this time was ex- near the boundary line between the District of of the United States of America in congress assembled, tended the greater was the chance of restoring ami-Columbia and the state of Maryland, on Saturday, That the secretary of the treasury, with the approba- cable relations between the two governments, in the 21th of February last. tion of the president of the United States, is hereby au- case the government of Mexico was inclined to rethorized to cause treasury notes to be issued, according store them. This was all that he had said; and to the provisions of an act entitled "an act to authorize upon this statement the gentleman from Massachuthe issuing of treasury notes," approved the twelfth day setts withdrew his motion to instruct the commitof October last, in place of such notes as have been, or may be, issued under the authority of the act aforesaid, and which have been, or may hereafter be, paid into the treasury and cancelled. Mr. Cambreleng, from the committee of ways and means, reported a new bill in the following words: notes." This bill was twice read, and committed to the committee of the whole house on the state of the union. tee. The motion of Mr. Toucey, to postpone for two weeks and to print the reports of the select committee upon the subject of the late duel, being under consideration, (and having precedence, as a privileged question,) came up in order; and was further discussed by several gentlemen, all of whose remarks will be givin hereafter. The Chair laid before the house the following: To the house of representatives of the United States: In compliance with the resolution of the house of Wednesday, April 25. The question of postponrepresentatives of the 16th instant, relative to an attacking and printing the report of the select committee, on the steamboat Columbia, in the gulf of Mexico, by a Mexican armed vessel, I transmit a report from the secretary of state, to whom the resolution was referred. Washington, April 23, 1838. M. VAN BUREN. To the President of the United States: and the separate reports offered by members of the committee, together with the proposition of Mr. Robertson to refer the whole subject to a committee of privileges, with instructions to report as to the steps to be taken by the house with regard thereto, was farther discussed to-day by Messrs. Slade, FosThe secretary of state, to whom was referred a reso-ter, Fletcher, Toucey, Wise, Thomas, Graves, Grantlution of the house of representatives of the 16th in-land, Bell, Pennybacker, and Sergeant, whose restant, requesting the president to communicate to that marks will be given hereafter. house, if not incompatible with the public interest, any information he may have received, officially or otherwise, relating to an attack by a Mexican armed vessel upon the steamboat Columbia, bearing the flag of the United States, in the gulf of Mexico, has the honor to report that no information on this subject (except through the newspapers) has been received at this department. Respectfully submitted. JOHN FORSYTH. DEPARTMENT OF STATE, Washington, April 23, 1838. Mr. Adams moved to refer it to the committee on foreign affairs, with instructions to report upon the subject forthwith. It was now five months since the president of the United States recommended war against Mexico, and nothing had yet been heard from the committee on the subject. Mr. Howard explained that the reason of this delay was, that negotiations were pending on this very subject: and the longer the committee delayed reporting, the stronger was the probability of an amicable arrangement of the affairs between the two nations. Mr. Adams said he had thought that all negotiations were broken off. He was glad to hear that they were going on: and would withdraw his mo tion to instruct. Mr. Boon then moved the reading of the report. Mr. Fillmore asked for the reading of the testimony. Mr. Bell protested against the reading. The pending question was not merely the disposition of the report, but one touching the regularity of the proceedings of the committee. The causes which led to his death are intimately connected with the proceeding of this house. On the 12th of February Mr. Wise, of Virginia, presented to the house a publication in the New York Courier and Enquirer, charging a member of congress with corruption upon the authority of an anonymous writer under the signature of "the Spy in Washington;" and thereupon moved a resolution for the appointment of a select committee, with power to send for persons and papers, to inquire into the charge. Mr. Wise said: "The character of the authority upon which the charge is made, is vouched for as respectable and authentic by the editor of the Courier and Enquirer, in whose paper it appears, and the house is called upon to defend its honor and dignity against the charge." Mr. Cilley addressed the house in opposition to the resolution. In the course of the debate "he said he knew nothing of this editor, but if it was the same editor who had once made grave charges against an institution of this country, and afterwards was said to have received facilities to the amount of some $52.000 from the same institution, and gave it his hearty support, he did not think his charges were entitled to much credit in an American congress." These words, spoken by Mr. Cilley in debate, were strictly in order, were pertinent to the subject under discussion, and "did not exceed the bounds and limits of his place and duty;" and though they implied a doubt inconsistent with unblemished honor and character in the person alluded to, yet Mr. Cilley was justified in the use of The committee appointed to investigate the causes them, by a report of a committee of the house of which led to the death of the hon. Jonathan Cilley, representatives, appointed on the 14th of March, late a member of the house of representatives, and 1832, to inspect the books and examine into the prothe circumstances connected therewith, and to in-ceedings of the Bank of the United States. An exquire whether there has been, in the case alluded to, a breach of the privileges of the house, and to whom were referred sundry memorials upon the subject, now ask leave to submit their The Chair decided it to be the right of a member to have the report read he was called upon to vote on, The Clerk having been directed to proceed, read as follows: REPORT: tract from the report, made by the majority of the committee, and published by order of the house of representatives, is hereunto annexed, in which it is stated that, "for sixteen months" the New York Courier and Enquirer "was warmly opposed" In discharging the trust committed to them by to the Bank of the United States; that on the 26th the house of representatives, the committee have of March, 1831, and within less than nine months endeavored implicitly to obey its order, neithe- thereafter, the bank made three loans, amounting stopping short, on the one hand, of the full mea-"to the sum of $52,975, which consisted of notes sure of the duty imposed upon them, nor transcend- I drawn and endorsed by the editors only;" and that "on or about the 8th of April, 1831, it (the paper,) changed its course in favor of the bank." when you remarked that this course on my part Your obedient servant, JONA. CILLEY. a rifle by the time prescribed, time shall be allowed It was in reference to the facts contained in this report, and published to the world by order of the house of representatives, that Mr. Cilley spoke the words, which had been already recited; and for thus alluding to facts put forth in the published documents of the body of which he was a member, he was called in question by the editor of the New York Courier and Enquirer. James Watson Webb, him, reciting those words, apprizing him that the livered to him in his seat, during the session of the rifles are to be loaded with a single ball, and that on the 21st of February last, addressed a note to writer of it was the editor of that paper, and con- Hon. W. J. Grares. On Thursday, the day following, Mr. Graves house, by Mr. Menefee, of Kentucky, the latter Washington, February 21, 1838. SIR: In the Washington Globe of the 12th instant, you are reported to have said, in the course House of Representatives, February 22, 1838. of the debate which took place in the house of re- SIR: Your note of yesterday, in reply to mine of presentatives on that day, growing out of a publica- that date, is inexplicit, unsatisfactory, and insuffition made in the New York Courier and Enquirer cient. Among other things in this, that, in your -"He (you) knew nothing of this editor; but if it declining to receive colonel Webb's communicawas the same editor who had once made grave tion, it does not disclaim any exception to him percharges against an institution of this country, and sonally as a gentleman. I have, therefore, to inafterwards was said to have received facilities to quire whether you declined to receive his communica the amount of some $32,000 from the same institution on the grond of any personal exception to him tion, and gave it his hearty support, he did not as a gentleman or a man of honor. A categorical think his charges were entitled to much credit in an answer is expected. American congress." To the Hon. Jonathan Cilley. note, having read it, and being fully apprized of its House of Representatives, February 20, 1838. In the interview which I had with you this morn ing, when you declined receiving from me the note of colonel J. W. Webb, asking whether you were correctly reported in the Globe in what you are there represented to have said of him in this house, on the 12th instant, you will please say whether you did not remark, in substance, that in declining to receive the note, you hoped I would not consider it, in any respect, disrespectful to me; and that the ground on which you rested your declining to receive the note was distinctly this: That you could not consent to get yourself into personal difficulties with conductors of public journals, for what you might think proper to say in debate upon this floor, in discharge of your duties as a representative of the people; and that you did not rest your objection, in our interview, upon any personal objections to colonel Webb as a gentleman. Very respectfully, Your obedient servant, W. J. GRAVES. Very respectfully, House of Representatives, February 22, 1838. Hon. W. J. Graves. JONA. CILLEY. Dr. Feilly's, F street, February 24, 1838, 10 o'clock, A. M. SIR: I have called at this place, in conformity with your note of this morning, to inform you that Mr. Graves has not as yet been alle to procure a rifle and put it in order, and cannot be ready at 12 o'clock, M. to-day. He is desirous, however, to have the meeting to-day, if possible, and I will inform you by half-past 12 o'clock, M. to-day, what time to procure and prepare a weapon he will require. Very respectfully, &c. HENRY A. WISE. On Friday, the 23d of February, Mr. Wise pre- Washington city, Feb. 23, 1838. As you have declined accepting a communication which I bore to you from colonel Webb, and as by your note of yesterday you have refused to decline on grounds which would exonerate ine from all responsibility growing out of the affair, I am left no other alternative but to ask that satisfaction which is recognized among gentlemen. My friend, hon. Henry A. Wise, is authorized by me to make the arrangements suitable to the occasion. Hon. J. Cilley. Your obedient servant, On the evening of the same day, about the hour Washingion city, Feb. 23, 1838. Your obedient servant, Hon. W. J. Graves. morrow, Afterwards, Mr. Jones left at Mr. Wise's room the following note, to wit: Washington, 103 A. M. February 24, 1838. Your note, dated 10 o'clock to-day, is received. In reply, I have the pleasure to inform you that I have in my possession an excellent rifle, in good order, which is at the service of Mr. Graves. Very respectfully, &c. GEO. W. JONES. Hon. H.A. Wise. Washington, February 24, 1838, 11 A. M. Respectfully, your obedient servant, Hon. H. A. Wise. The rifle was procured by Mr. Jones, and sent by him to Mr. Wise, in accordance with a previous request of Mr. Wise, or in consequence of a conin strict accordance with the request of Mr. Wise: versation between them. Mr. Jones says it was and Mr. Wise says he had a conversation with Mr. Jones upon the subject, requested Mr. Jones to inform him where one could be obtained, and has no doubt that it was in consequence of this conversation that Mr. Jones sent the rifle, and that he acted with the best motive in sending it. Washington, Feb. 23, 1838. SIR: Mr. Cilley proposes to meet Mr. Graves, at such place as may be agreed upon between us, to at 12 o'clock, M. The weapons to be Hon. Jonathan Cilley. used on the occasion shall be rifles; the parties It will be observed that the note which Mr. placed side to side at eighty yards distance from Mr. Wise having received the last note, called on Graves bore, is described by him as the note of colo- each other; to hold the rifles horizontally at arm's Mr. Jones, and informed him that Mr. Graves nel J. W. Webb, asking whether Mr. Cilley was length, downwards; the rifles to be cocked, and had procured another rifle, and would be ready correctly reported in the Globe, in what he was triggers set: the words to be, "Gentlemen, are you for the meeting at three o'clock, P. M. The partics there represented to have said in the house of repre- ready?” After which, neither answering "No," met by arrangement on the road to Marlborough, sentatives, on the 12th instant. But it will be per- the word shall be, in regular succession, "Fire-in Maryland. Mr. Cilley was accompanied by his ceived that the note itself, though it is thus descri- one, two, three, four." Neither party shall fire be- second, Mr. Jones, by Mr. Bynum of North Carobed by Mr. Graves whenever he speaks of it after-fore the word "fire," nor after the word "four." wards, does not contain that inquiry. Mr. Cilley, on the same day, personally delivered to Mr. Graves the following note in reply: lina, and colonel James W. Schaumburg, as his friends, and by doctor Duncan, of Ohio, as his surgeon. Mr. Graves was attended by Mr. Wise, as his second, by Mr. Crittenden, senator from Kentucky, and Mr. Menefee, of Kentucky, as his friends, and by Dr. Foltz, of this city, as his sur geon; and all proceeded thence about 2 o'clock, P. M. to the place of meeting. Mr. Jones and Mr. Wise immediately marked off the ground. The line of fire was at right angles with the rays of the sun. The choice of positions fell by lot to Mr. Wise, and Mr. Jones had the giving of the word. The positions of the parties at the ends of the line to be determined by lot. The second of the party losing the position shall have the giving of the House of Representatives, February 21, 1838. word. The dress to be ordinary winter clothing, The note which you just placed in my hands has and subject to the examination of both parties. been received. In reply, I have to state that in Each party may have on the ground, besides his your interview with me this morning, when you second, a surgeon, and two other friends. The seproposed to deliver a communication from colonel conds, for execution of their respective trusts, Webb, of the New York Courier and Enquirer, I are allowed to have a pair of pistols each on the declined to receive it, because I chose to be drawn ground, but no other person shall have any weapon. into no controversy with him. I neither affirmed The rifles to be loaded in the presence of the seor denied any thing in regard to his character; but conds. Should Mr. Graves not be able to procure Mr. Wise chose the position at the northwesterly |