NILES' NATIONAL REGISTER-MARCH 3, 1838-CONGRESS. might most materially assist the banks to bring about resumption; and that, by government aid, it might be brought about with infinitely less of public inconvenience and individual distress. For an easy resumption of specie payments, there is mainly wanted a revival of trust, the restoration of confidence, and a harmonious action, between the government and the moneyed institutions of the Country. But, instead of efforts to inspire trust and create confidence, we see and hear nothing but denunciation; instead of harmonious action, we find nothing but unrelenting hostility. Mr. Smith, of Indiana, submitted a resolution, to the senate, tables of the rates of exchange, for- King, and the widow of Thomas Cogswell, were Mr. President, you and I were in congress, in The bill to provide for issuing patents to certain 1816, during the time of the suspension of specie payments by the banks. What was the spirit of the government at that time, si? Was it hostile, acri- lands at Green Bay, Wisconsin, and the bills for monious, belligerant towards the state institutions? the relief of Robert Dickey, Joseph Hall, Albion Did it look on them only to frown? Did it touch T. Crow, the heirs of John Hawkins, the heirs of them only to distress? Did it put them all under lieutenant William Russworm, the heirs of doctor the scourge? You know, sir, it was far otherwise. William Rumsey, the heirs of Nathan Peter and You know, that the secretary of that day entered William Adams, and the owners of the brig Deinto friendly correspondence with them, and assur-spatch and cargo, were severally read a third time, ed them that he would second their efforts, for re- and passed. sumption, by all the means in his power. You know, sir, that, in fact, he did render most essential aid. And do you see, sir, any similar effort now? Do you behold, in the bill before us, any thing of the spirit, or the policy, of Mr. Madíson, on an occasion very like the present. Mr. Madison was a man of such subdued self-respect, that he was willing to yield to experience and to the opinion of his country; a man, too, of so much wisdom and true patriotism, that nothing was al-favor of the bill. lowed to stand between him, and his clear perception of the public good. Do you see, sir, any thing of this spirit,-of the wisdom, of the mild, and healing, restoring policy, of Mr. Madison, in this mea sure? The bill to authorize the examination and test of Samuel Raub's double safe-acting safety valve, was taken up, and, on motion of Mr. Davis, again laid on the table, on the ground that a general bill authorizing experiments on steam boilers, &c. had already passed the senate. The senate resumed the consideration of the After an executive session, (moved by Mr. The senate adjourned till Monday. A message was received from the house of repre- Mr. President: I came into the senate this morn- At the last adjournment of the senate, Mr. Cilley was in perfect health, full of hope and expectadicating the violated rights of his state, and of distion of making himself useful in asserting and vinnow so deeply agitate the public mind; full of zeal tinguishing himself in the great questions which cause of human liberty and of human rights, he conand ardent patriotism; and of devotion to the great sidered that a crisis had arisen when his country had a right to claim the services of her sons. He obeyed the call of his constituents, relinquishing the enjoyments of the domestic circle of a wife and three children. He is now a lifeless corpse; all his hopes are blasted and destroyed, and his confaithful representative. stituents are deprived of the services of an able and Mr. Cilley was a native of New Hampshire, and belonged to one of the most ancient and respectable families in that state. Patriotism and bravery were Cilley, was the gallant leader of the heroic charge his inheritance. His grandfather was the distinguished patriot and brave officer of the revolution; general Cilley; and his brother, captain Joseph under colonel Miller, at the battle of Bridgewater heights, in the last war. Another illustrious man, now numbered with the dead, was then with us, and was acting an important part, in the councils of the country. I mean Mr. Lowndes; a man not deficient in force and genius, but still more distinguished for that large and comprehensive view of things, which is more necessary to make great men, and is also much rarer, than mere positive talent,--and for an impartial, well balanced judgment, which kept him free from prejudice and error, and which gave great and just influence to all his opinions. Do you see, sir, any thing of the spirit, the temper, the cool judgment, Also, a report from the war department, transThe deceased was a graduate of Bowdoin color the long-sighted policy of Mr. Lowndes, in all that is now before us? And Mr. Crawford, then at plication attained a high standing at the bar in that the head of the treasury, arduously striving to re-mitting, in compliance of a resolution of the senate, store the finances, to re establish both public and a map of the military road from Saginaw and Mackiprivate credit, and to place the currency, once more, naw; which, on notion of Mr. Lyon, was laid on lege, in Maine, and by his superior talents and apMr. Trotter presented the memorial of the legisla-state. He was a good lawyer, an able advocate, upon its safe and proper foundation; do you see, sir, the table, and ordered to be printed. ture of Mississippi, praying congress to ratify and and a powerful debater. the marks of Mr. Crawford's hands in the measure now presented for our approbation? confirm certain pre-emption claims under the act of June, 1834: referred to the committee on public lands. From early life Mr. Cilley was ardently attached vocate of the rights of the whole people, and a deto the principles of free government; a zealous adtermined opponent of the claim of the few to tyran Mr. President, I have little to say of the subordi nate provisions of this bill, of the receivers-general, Mr. Smith, of Indian, presented a memorial, In 1832, Mr. Cilley was elected to the house of or of the dangerous power, given to the secretary, of investing the public money in state stocks of his ral assembly of the state of Ohio, praying congress own selection. My opposition to the bill is to the signed by seventy-four of the members of the geue-nise over the many. whole of it. It is general, uncompromising, and de cided. I oppose all its ends, objects, and purposes; to appropriate a portion of the public funds in a representatives in Maine, and in 1835 and 1836 I oppose all its means, its inventions, and its con- subscription for a part of the capital stock of the was speaker of that body, where his talents and trivances. I am opposed to the separation of go. Jeffersonville and New Albany canal company, in- love of country became so conspicuous, that in Of his conduct here I need not speak, for all who vernment and the people; I am opposed, now and corporated by the state of Indiana, to construct a 1837 he was elected to congress in a district in hear me, all who knew Mr. Cillley in the other end at all times, to an exclusive metallic currency; I canal around the fails of Ohio, on the Indiana side, which the majority were his political apponents. am opposed to the spirit in which the measure orig- of sufficient capacity to pass steamboats of the Mr. S. said he had before had the honor to intro- of the capitol, will bear testimony of his ability, to inates, and to all and every emanation and ebullition largest size. of that spirit. I solemnly declare, that in thus studying our own safety, and renouncing all care over duce, memorials, numerously signed by the busi- his open, frank, and determined course, to the high As a man, Mr. Cilley was warm, ardent, genethe general currency, we are, in my opinion, aban- ness men of Wheeling and Cincinnati, on this sub-order of his talents aad powers as a debater, and doning one of the plainest and most important of ject. Those memorials had been printed, and re- to the respect and deference he paid to the rights our constitutional duties. If, sir, we were, at this ferred to the committee on roads and canals. He of others. moment, at war with a powerful enemy, and if his (Mr. S.) would only say, on the present occasion, fleets and armies were now ravaging our shores, and that the great importance of the ineasure was ad-rous, noble; as a friend, true, faithful, abiding. He it were proposed in congress to take care of our-mitted and felt by the whole western country. selves, to defend the capitol, and abandon the country to its fate, it would be, certainly, a more striking, a more flagrant and daring, but in my judg ment not a more clear and manifest dereliction of duty, than we commit in this open and professed abandonment of our constitutional power and constitutional duty, over the great interest of the national I mean to maintain that constitutional power, and that constitutional duty, to the last. It shall not be with my consent that our ancient policy shall be overturned. It shall not be with my consent that the country shall be plunged further and further into the unfathomed depths of new expedients. currency. It shall not be, without a voice of remonstrance from me, that one great and important purpose for which this government was framed, shall now be surrendered and abandoned forever. TWENTY-FIFTH CONGRESS. February 23. After the presentation of petitions, On motion of Mr. S. the memorial was referred was in the meridian of his life, aged 35: the past was the earnest of the future. In his death Maine has lost one of her brightest ornaments, and the nation is bereft of a devoted patriot, and an ardent, zealous supporter of its free institutions. The sun which set upon the lifeless corpse of my bosom blest its gladsome beams, and told her innolate friend and colleague, rose bright and cheering upon his distant fireside circle, and the wife of his Mr. Benton presented the memorial of sundry in-cent children that it brought the return of their habitants of Erie, Pennsylvania, praying congress father one day nearer. to take measures to prevent the re-issue of the notes of the old bank of the United States: referred to the committee on finance. Mr. Buchanan presented the memorial of a large number of citizens of Philadelphia, asking congress forth strong reasons why such an establishment to establish a dry dock at that place, and setting should exist there: referred to the committee on naval affairs. On motion of Mr. Benton, Resolved, That the secretary of the treasury be directed to cause to be prepared and communicated Alas! nor wife nor children shall see him more. and witness the tears, the agony, the distraction of May the Father of all Mercies be their Who shall now penetrate that bereaved mansion, the widow and the fatherless? Mr. president, I cannot. comforter and their support. Of the cause and manner of the death of Mr. that it is my solemn conviction that he entertained Cilley, I forbear to speak; but allow me to say, no ill will, and intended no disrespect to Mr Graves, in any thing that occurred; and that in accepting the call, he did nothing more than he believed in dispensable to avoid disgrace to himself, to his fam-taining all public and private laws of congress, trea- sentatives cause 2,000 copies of the survey and ily, and to his constituents. ties, &c. and furnish to each member one copy of chart of the harbor of Havre de Grace and mouth this supplement free of charge. Mr. Williams then submitted the following resolutions, which were unanimously adopted: Resolved, unanimously, That the senate will attend the funeral of the honorable Jonathan Cilley, late a member of the house of representatives, from the state of Maine, at the hour of twelve o'clock to-morrow, and as a testimony of respect for the memory of the deceased, they will go into mourning by wearing crape round the left arin for thirty days. And, as an additional mark of respect to the memory of the deceased. Resolved, That the senate do now adjourn. The senate then adjourned. February 27. The senate assembled at 12 o'clock, pursuant to adjournment; and after the journal was read, Mr. White rose and said, that in order that the senate might carry into effect the resolution adopted yesterday, in relation to attending the funeral of the deceased member from Maine, he would move that the senate adjourn; which motion being concurred in, The senate adjourned until to-morrow, at twelve o'clock. February 28. The following petitions, &c. were presented: By Mr. Webster: from a number of citizens of New York, praying congress to take into their serious consideration the condition of the currency, and establish a bank of the United States, for the purpose of restoring the currency to its former sound condition. Laid on the table. Also, from Daniel A. Brown, in relation to the preservation, &c. of timber for the navy of the United States. Referred. The resolution having been read once, Mr. Benton said he hoped this business would stop at once. He called for the yeas and nays on the question of ordering it to a second reading. Mr. Robbins moved that the resolution be laid on the table. Mr. Benton: Never to be called up again? Mr. Robbins: I shall consent to no such thing. Mr. Benton: Then I move that it be indefinitely postponed. The question on laying on the table having precedence, was put, and decided in the affirmative. On motion of Mr. White, the special committee on the case of Mr. Ruggles, were authorized to employ a clerk. Ón motion of Mr. Benton, the committee on the judiciary were instructed to inquire into the expediency of appointing a separate judge for the western district of Louisiana. The following bills were read a third time, and passed: For the relief of the heirs of Nathan Peter, and William Adams; for the relief of the owners of the brig Despatch and cargo; authorizing the issuing of patents to certain lands at Green Bay, Wisconsin; establishing a port of entry at Jersey city, New Jersey. And the bill to establish two additional land districts in Wisconsin, west of the Mississippi. [An amendment to this bill, formerly offered by Mr. Sevier, for making one land district instead of two, was discussed by Messrs. Sevier, Young, Walker, Lyon, Clay, of Alabama, and King, and rejected.] Mr. Prentiss gave notice that he should, to-morrow, ask leave to bring in a bill to prohibit, under suitable penalties, the giving and receiving, within this district, of a challenge to fight a duel. The senate then resumed the sub-treasury bill. Mr. Davis rose and addressed the senate in oppo larly aiming to show that the late and present administrations have had in view as the main and paramount object of all their financial measures, the establishment of a government bank, resting on the public revenue. Before he had concluded, he gave way to a motion to adjourn, and The senate adjourned. By Mr Buchanan: the proceedings of a meeting of the "democratic" citizens of Philadelphia county, requesting him to disobey his legislative instructions in regard to the sub-treasury scheine. Read, laid on the table, and ordered to be printed. [Mr. Buchanan, in presenting these proceedings, said he regretted he could not comply with the re-sition to this measure till near 4 o'clock, particu quest of the democratic delegation of the county of Philadelphia, that he should pay no regard to the instructing resolution of the legislature of Pennsylvania. On this subject his determination was fixed, and could not be changed by any human power, except the legislature itself; and, much as he respected the source from which this request emanated-and it was worthy of all respect--he could only refer the delegates to the remarks which he had made in the senate, some days ago, on presenting the resolution of instruction, as a fair exposition of his views on the subject. Had he consulted his own feelings, he should have resigned rather than obeyed; but friends whoзe opinion he valued had convinced him it was a case for obedience, and not for resignation. He was sorry to be placed in this position, because there was no man in the country who, as an individual, was more decidedly and strongly in favor of a separation between the banks and the government than he was himself.] By Mr. Allen: praying the repeal of postage on newspapers not sent beyond the limits of any one county. Referred. By Mr. Wall: against the admission of Texas. Laid on the table. Also, the proceedings of a public meeting of citizens of New Jersey, assembled at Newark, in which Mr. W. said they had expressed their opinions in relation to a variety of public matters, from which Mr. W. differed, though he considered the meeting highly respectable. Laid on the table, and ordered to be printed. By Mr. Young: numerous petitions from Illinois, in relation to mail routes. Referred. Also, various petitions in regard to pre-emption rights. Laid on the table, and ordered to be printed. Also, a petition asking a grant of land for the improvement of Fox river. Referred. By Mr. White: from citizens of Sevier county, Tennessee, asking for a new mail route from Sevier court house South Carolina. Referred. By Mr. Clay, of Alabama: resolutions of the legislature of Alabama in favor of the annexation of Texas to the union. Read, laid on the table, and ordered to be printed. By Messrs. Wall, Lyon, Mouton, and Niles: on individual claims. Mr. Robbins, from the committee on the library, reported a joint resolution, authorizing the secretary of the senate and clerk of the house to subscribe for ten numbers of Niles' Register for each of the members of congress, (to be delivered every week,) provided that the editor would consent to publish the proceedings of congress, with the yeas and nays on each question so taken, and also a supplement at the end of the session, con HOUSE OF REPRESENTATIVES Friday, February 23. In answer to a question, proposed to the chairman of the committee of ways and means, by Mr. Pickens, Mr. Cambreleng said that that committee in the course of the ensuing week, would report a bill for the keeping and disbursing the public revenue. Mr. Thomas, of Maryland, gave notice (as chairman of the committee on the judiciary) that, immediately after the neutrality bill should be disposed of, he should move to take up the bill to prevent the abatement of suits, &c. against the late Bank of the United States. Mr. Howard, by leave, moved that the house, at one o'clock this day, do take up the bill for the preservation of neutral relations; which motion was agreed to. of the Susquehannah and bead waters of the Chesa peake bay, communicated to the house on the 2d of February, 1837, from the war department, to be lithographed on a reduced scale, for the use of the house. Several committees having made reports, which will be duly noticed hereafter, The speaker laid before the house a letter from the secretary of the treasury, transmitting information called for by the house on the 19th inst. in relation to the land ceded to the United States by the Shawnee Indians, under the treaty of Wapaghkonetta, and the amount due to said Indians on account of said cession. The speaker laid before the house a letter from the secretary of the navy, transmitting the information called for on the 19th instant, in relation to the survey of the St. Helena bar, South Carolina. The resolution offered on a former day by Mr. Wm. Cost Johnson, proposing the appointment of a committee to inquire into the expediency of making a further appropriation of public lands for the purposes of education, being taken up Mr, J. took the floor, and modified his motion so as to read as follows: Resolved, That each of the United States has an equal right to participate in the benefit of the public lands, the common property of the union. Resolved, That each of the states in whose favor congress have not made appropriations of land for the purposes of education are entitled to such appropriations as will correspond in a just propor tion with those heretofore made in favor of other states. Resolved, That the committee of report a bill making an increased appropriation of the public lands, the property of the United States, yet unappropriated to all the states and territories of the union for the purposes of free schools, academies, and the promoting and diffusion of education in every part of the United States. Mr. J. then commenced and made some progress in his remarks, in support of this resolution, when they were cut off by the arrival of the hour for the orders of the day. The pending question was the same as on yesterday, and the debate was resumed and continued by Messrs. Crockett, Whittlesey, of Connecticut, Garland, of Virginia, Rencher, Halsted, Toucey, and Petrikin; which last named gentleman moved the previous question, upon engrossing the amendment, agreed to; (limiting the operation of the bill to January, 1840,) and another, inserting at the end of the second section the words "ether than ports or places within such conterminous state or territory," and to engross the bill for a third reading. Upon the first count, for seconding the motion for the previous question, the ayes were 64, and the nays 43. No quorum. The speaker then said that there was evidently a quorum present, and desired members to vote upon one side or the other. Mr. Robertson moved (unsuccessfully) for a call of the house. The house was then counted again (by tellers) and the call for the previous question was sustainA number of reports from committees were re-ed. Ayes 83, noes 51. So the motion was seceived, which will be duly noticed in their progress. conded. A few resolutions of minor importance having been offered, Mr Reed asked leave to offer a resolution granting the use of the hall to the congressional temperance society on Tuesday evening next; objection being made, The previous question was then decided in the affirmative; and the bill, as amended, was read, at the request of Mr. Patton, who remarked that the bill as it stood amended, purposed to prohibit the trade with Canada. The bill being read, as amended, Mr. Reed moved a suspension of the rule, in or- Mr. Fillmore asked for the yeas and nays, which der to enable him to offer the resolution; this mo- were ordered: and the question on ordering the tion prevailed by a vote of more than two-thirds-bill, as amended, to a third reading was decided as ayes 91, noes 38. The question being upon the adoption of the resolution, Mr. Boon demanded the yeas and nays; which were not ordered; and the resolution was adopted without a division. The hour of one o'clock having arrived, the neutrality bill was again taken up and considered. The pending question being on the motion of Mr. Bell, to cominit the bill to the committee of the whole, with instructions to report a substitute, which he sent to the chair yesterday. The debate was continued by Messrs. Patton, Taylor, Howard, Dunn, McKay, Haynes, Bell, Ro. bertson, Wise, Mercer, and Adams; when, without coming to any decision upon either amendment proposed, the house, on motion, adjourned, at half past 4 o'clock. Saturday, Feb. 24. On motion of Mr. Worthing follows. YEAS-Messrs. J. W. Allen, Anderson, Atherton, Beatty, Beirne, Bicknell, Bruyn, Cambreleng, T. J. Carter, Chapman, Cleveland, Coles, Connor, Corwin, Craig, Crary, Cranston, Curtis, Cushman, Davies, De Graff, Evans, Farrington, Fairfield, Fry, Glascock, Grantland, Gray, Haley, Hammond, Haynes, Hoffman, Hopkins, Howard, Wm. C. Johnson, Klingensmith, Legare, Lincoln, James M. Mason, Martin, Maxwell, Mc Kay, Robert Mc. Clellan, Abraham Mc Clellan, Mc Kim, Mc Kennan, Milligan, Miller, Morgan, S. W. Morris, Noble, Owens, Palmer, Parker, Paynter, Pearce, Penny backer, Potter, Pratt, Rariden, Rencher, Ridgway, A. H. Shepperd, C. Shepard, Stuart, Thomas, Titus, Toucey, Turney, Weeks, Elisha Whittlesey, T. T. Whittlesey, L. Williams, J. W. Williams, S. L. Williams, Worthington-76. NAYS-Messrs Adams, Alexander, H. Allen, NILES' NATIONAL REGISTER-MARCH 3, 1838-CONGRESS. B Carter, Casey, Chambers, Chancy, Clark, Clow-duce a deep sensation in Maine, and indeed through- wards, Elmore, Evans, Everett, Fairfield, Fletcher, So the bill was rejected. Resolved, That the members of this house will attend the funeral of Jonathan Cilley, deceased, late a member of the house from the state of Maine, at 12 o'clock to-morrow. Resolved, That a committee be appointed to take order for superintending the funeral of Jonathan Cifley, deceased. When this decision was announcedMr. Patton rose, and intimating that the vote just taken could not be considered as expressing the Resolved, That the members and officers of this sense of the house on the expediency of legislating in some way upon the subject to which the bill referred, but rather as proving the force of the objec-house will testify their respect for the memory of tions taken to the form of the bill, moved a reconsideration of the vote just taken; in which motion he was supported by Mr. Tillinghast. Mr. Howard then proposed an amendment, which he sent to the chair, and which was read. Mr. Mason, of Ohio, moved to refer the bill and amendment to the committee on the judiciary. Mr. Robertson, of Va. moved the reference to the committee on foreign affairs. After a few remarks by Mr. Biddle on the merits of the question embraced in the bill, The motion to refer to the committee on the judiciary was lost; 51 in the affirmative, nays not counted. The motion to recommit the bill to the committee on foreign affairs was carried; 85 in the affirmative, nays not counted. Mr. Cambreleng gave notice that, on Monday next, he should ask the house to proceed (at one o'clock) to the consideration of the appropriation bills. The speaker laid before the house a letter from the secretary of the treasury, transmitting a statement of contracts made in the treasury department during the year 1837; a statement of contracts relative to light-houses, beacon-lights, &c.; a statement of payments made according to law at the treasury of the United States during the year 1837, for the discharge of miscellaneous claims, and a statement of expenditures from the marine hospital fund for the relief of sick and disabled seamen. Then the house, on motion, adjourned, at a quarter before 4 o'clock. Monday, February 26. As soon as the journal was read, Mr. Fairfield rose and addressed the house as follows: Jonathan Cilley, by wearing crape on the left arm The resolutions were unanimously adopted. Tuesday, February 27. The house met, pursu- NAYS-Messrs. Bell, J. Calhoon, W. B. Campbell, W. B. Carter, Chambers, Cheathain, CransHarlan, Harper, Hawes, R. M. T. Hunter, W. C. ton, Dawson, Ewing, James Garland, J. Graham, Johnson, Mallory, J. M. Mason, S. Mason, Mcrod Williams. J. L. Williams, C. H. Williams-31. Kennon, Mitchell, Robertson, Sergeant, Shields, Snyder, Southgate, Taliaferro, John White, Sher There being more than two-thirds in the affirmaintroduce the resolution, which was again read at tive, the rules were suspended, and leave given to the clerks table. Mr. Fairfield then said that, entertaining the could not refrain from offering it to the house. awful tragedy to which the resolution referred, he views and feelings which he did in reference to the The committee of arrangements, pall-bearers, Had he refused to do so, the voice of his colleague's and mourners, attended at the late residence of the blood would call to him from the ground. His colwhich time the remains were removed, in charge manner and under circumstances which demanded deceased, at Mr. Birth's, at 11 o'clock, a. m. at league and friend had been deprived of life in a of the committee of arrangements, attended by the investigation; it was due to the family of the deto the hall, where the funeral service was perform-to the country, to humanity, and to God. He sergeant-at-arms of the house of representatives, ceased, it was due from members to themselves, froin such a proposal. For, aside from the peculiar ed by the reverend Mr. Slicer, and the discourse trusted that no member on that floor would shrink The funeral procession then moved from the hall circumstances of the present case, an opportunity preached by the reverend Mr. Reese. man would promptly and gladly embrace, to fut of the house of representatives to the place of in- was presented which he should suppose every good down the barbarous and disgraceful practice of duelling, a practice which wantonly violated the terment, in the following order: laws of God, which outraged the best feelings of our nature, which was unworthy of the age ofcivilization in which we live. He trusted that the efforts of every friend of his species would be united in an endeavor to suppress a practice like this. The chaplains of both houses. The sergeant-at-arms of the senate. Mr. Speaker: An event has occurred since our over this community, and deprived this body of one His fellow-citizens has often elected him to places That his sudden and melancholy death will pro vice president and their secretary. Judges of the supreme court, and its officers. Citizens and strangers. "Resolved, That a committee consisting of seven Under the peculiar and distressing circumstances, however, of the present case, the deceased having been Mr. F.'s colleague and personal friend, should the house agree to pass the resolution, he hoped the from courtesy, was supposed to require that the speaker would waive the usual practice which, name of a mover for a select committee should be pointed by the chair, and would not put him on the committee at all. placed at the head of such committee, when ap Mr. W. C. Johnson, of Md., said that he hal voted against the motion to suspend the rules, because, on hearing the resolution read, he had ten at once convinced that its adoption would effect no possible good, or lead to any satisfactory result. No one cou'd grieve more over the calamity which had befallen the mover of the resolution, and all the other than himself, but he had opposed the introdution of friends of him whose death they all mourned, this resolution because he did not know what power moralist, he lamented, as all must lament, that the None could be more congress possessed to suppress duelling. As a state of society was supposed to be such as to satction such a dreadful resort. sorry that appeals of that description were thought morning papers contained a detailed statement of to be necessary. But still, he must ask, what good would be effected by the proposed inquiry? The And where was its "Resolved, That said committee have power to all the particulars of this melancholly affair; the and circumstances of the case. send for persons and papers, and have leave to sit house was already thus possessed of all the facts Mr. Bell objecting to its reception at this time, power, under the constitution, to enact an antiduring the sessions of the house." Mr. Fairfield moved a suspension of the rules, to duelling law? Todo that was the right of the states. Mr. Bell stated that he had objected only because fully within the pale of their jurisdiction to do so: allow of his offering the resolution at this time. Many of the states had enacted such laws; it was he thought it better to postpone any action in rela- but any like attempt on the part of congress would own citizens, and protect their lives and character. By tion to the subject referred to for a few days, until be a usurpation of power. It was, by the constiHe had voted against the suspension, and should existing excitement should have had time to sub-tution, left to the state to purify the morals of their side. consider himself as reflecting on all the parties in vote against the resolution, for another reason. voting in favor of a measure like this, he should YEAS-Messrs. Adams, Alexander, Heman Al- any way concerned in this transaction; it implied len, Anderson, Atherton, Aycrigg, Beatty, Beirne, a reflection on the prudence, judgment, and wisBicknell, Biddle, Birdsall, Bond, Boon, Borden, dom of both the parties. Had any fraud, any deCambreleng, Casey, Clark, Coles, Craig, Crary, thing that would justify a vote of expulsion, been Bouldin, Briggs, Broadhead, Bruyn, W. B. Calhoun, ception, any moral delinquincy of any sort, any Cushman, Davies, Deberry, DeGraff, Dunn, Ed-imputed to either of the parties or of their friends Mr. Parker, of New York, demanded the yeas and nays on the question of suspending the rule; they were ordered, and, being taken, resulted as follows: reason, and of eternal justice on that floor, with- in this matter? If any gentleman would rise in his people to take sides in a private quarrel, and thus place, and state such an act; if he would show that get up an excitement leading to consequences any one of those concerned had violated the rules which no mau could calculate. It might lead to of honor, and those attributes which should ever results which would, eventually, be thrown back distinguish the character of a gentleman on that upon the members of that house as their cause. floor, and would make his name known to that This course would never check the evil which all house, Mr. J. would promptly go for any measure deplored, but might lead to what all would have which might be required to punish him. Not only deep cause to regret. The abstract question with would he vote for a committee of inquiry, but for respect to duelling was settled: it need not now be the instant expulsion of such a person from that discussed: all they did should be prospective, and house; nay, were it in his power, he would expel preventive, in its character. He asked that the such a being from off the face of the earth. Was house would stop now, before it went a step farthere any gentleman who would rise in his place ther. Why send a committee to sift and measure and assert this? If there was none; what right had If any gentleman, however, would take the actions by the code of honor-a code which the the house to yield to its sympathies, contrary to the ground that congress had power to suppress duel- house did not recognise or know, as prescribed rules of the house and the provisions of the consti-ling within the District of Columbia, (this affair had either by the constitution or the law? a code which tution? What right had they to pursue a man into happened without the line,) and would move that existed merely in the imaginations of a certain porthe private relations of life, and erect a committee the committee be instructed to report a bill for that tion of the people? would gentlemen direct an inof their number into a court of honor, to ferret out purpose, Mr. J. would heartily vote for it. He vestigation according to the requisitions of a code the private doings of members, when not acting in was as ready as any gentleman could be to set his such as this? and to what end? to increase the pubtheir public and official character? Occurrences face against the whole system. But as to the pre-lic indignation against duelling? he feared that was which took place in presence of the house, on its sent case, it had already happened; no power could not the object. The feelings of the honse, and of floor, they had a right to notice; though, even with undo it; and it would be useless to report any bill the community, were quite sufficiently roused. respect to these, the line was delicate which mark- on the matter. Let what had passed rather be set down to the acMr. Parker resumed. He had not understood count of those calamities and disasters incident to ed their right of control. But to constitute such a committee of inquiry as was now proposed, in- the gentleman as meaning to say that members act- human nature, and let the whole matter be buried stead of tending to quench the flames of discord, ing on the proposed committee would have reason as quick as possible. Mr. D. was actuated by mosooth irritation, and lead, from reflection on the to fear an attack from him, nor did he expressly tives the most upright and sincere in his course past, to any improvement in the future, by render- say it was to be feared from others: but Mr. P. upon this occasion. He was opposed, on princiing gentlemen more cautious and guarded in their had been going on to say that members of the com- ple, to duelling, although it was very possible that language towards each other, would, on the con- mittee might proceed in their duty without the fear circumstances might occur which would drive him trary, prove the fruitful source of new strifes and of any such attacks. He was, indeed, ready to to violate his own principles, yet he disapproved collisions. The duty to be assigned to the commit-admit, that if the committee should proceed to dis- of it as much as any man, and was desirous, as any tee was one of very delicate and difficult character; cuss the code of honor, they might perhaps greatly to promote and preserve the peace of the house. any committee who should attempt the discharge differ as to what it required, and these differences After a few more remarks of similar tenor, Mr. of it would soon find that they had need to prepare might lead to collision: but he apprehended that Dawson resumed his seat. Whereupon, themselves with strong nerves and well braced. the committee, if appointed, would go straight forFor his own part, he never would consent to serve ward in the discharge of its duty, utterly regardon such a committee unless, at the very outset, he less of all rules of that kind: that they would look only to the welfare of the country and the pros. In taking this course, Mr. J. was actuated by no about the fine cobweb distinctions of the code of perity of the people, without troubling their heads previous concert. He had not seen or conversed with a single one of those who had been on the honor. It had been said that the facts of this case field of the late melancholy contest. If the im- were already before the house, inasmuch as full prudence of the friend of the parties on either side, statements had appeared in the public papers. their indiscretion, or mistake, had led to the catas. That was very true: but it formed no valid reason against the appointment of a committee of investitrophe which all now so deeply lamented, it was matter of deep regret; but it was out of the power gation. The facts were not known to the house of the house to cure the case; they could not resus-officially, so that it could act upon them. The ciate the dead, nor could they offer any effectual matters which had been mentioned in the case of alleviation to the wounded feelings of his survi- The Spy in Washington, had all appeared in the paving friends. Every step the committee might pers; yet that did not prevent the house from ortake would only exasperate public feeling, and sow dering an official inquiry respecting them. It should have the facts of the existing case reported broad-cast the seeds of future occurrences of an equally dreadful character. This was his candid from a committee. Mr. P. was for the resolution. Mr. Dawson, of Georgia, observed that there was belief. Though as anxious as any other gentleman no gentleman on that floor who more deeply recould be that such rencontres should be prevented for all future time, he was well assured this was he. He entertained, in regard to it, what he begretted the event which had recently occurred than armed himself for encounters. not the course to secure such a result. Mr. Mathias Morris, of Pennsylvania, offered the following amendment: "And that said committee be instructed to in quire into the means more effectually to suppress purpose at as early a period as may be practicable." the practice of duelling, and report a bill for that Mr. W. C. Johnson immediately moved the following amendment to the amendment, to be appended to it as an addition: "Resolved, also, that the committee inquire into the propriety of regulating the strong personalities which members resort to sometimes in debate." Mr. Morris said he had no disposition to prolong the discussion, or to take any part in the debate on the original resolution. On hearing it read, it had struck him that the resolution did not reach the object, which ought to be the prevention of the recurrence of like outrages in future. All he had in view was to give to the resolution the character of prospective legislation, of which it seemed to be destitute. heard, as he had anticipated the introduction of a Mr. Bell had been prepared for what he had lieved to be correct sentiments; but he could not resolution of some nature, in relation to the late Mr. Parker, of New York, said that he regretted but think that to raise such a committee as was unhappy affair. But he had hoped that this step to differ from the gentleman from Maryland. He proposed, would only kindle up a flame both with- would not have been taken until a few days should had hoped that this resolution would have passed in and without that house. He asked gentlemen have elapsed, when members would have been without a dissenting voice. While that gentleman to pause before they proceeded to take such a step. better qualified than they could be now, to act dehad been addressing the house, Mr. P. had care. When he heard the resolution, he had proposed to liberately and dipassionately. Least of all had he fully listened for some good reason for rejecting the himself the questions, what will be the result of expected that such a resolution would be introducresolution, but he must say he had heard none. such a measure? and what will be the character of ed to-day. He doubted not it had been done with The gentleman said that congress had not the con- the action we can found upon it? What benefit the best and purest intentions, but he could not bestitutional power to correct the evil of duelling. It will it confer on the public interest, or the public lieve that its effects could be any thing but miscertainly had within the limits of the District of morals? and he could give no satisfactory answer.chievous. Mr. B. did not mean to oppose the acColumbia; and it was not disputed that congress He admitted that congress might pass an anti- tion of the house upon the subject, but the time had the power to control the action of its own mem-duelling law for this district; and such a law he proposel for that action: and he would appeal to bers. The gentleman had further declared that if would vote for with great pleasure. But why this the good sense of the house as to the propriety of any gentleman would rise in his place and affirm committee? was it that the house might get argu- postponing the consideration of the subject for a that either of the parties concerned had violated ments to justify itself in passing an anti-duelling few days. He deprecated the passion, personalithe laws of honor in this matter, he would vote for law? did not all acknowledge the abstract proposi- ty, exacerbation, and expressions of strong feeling, the resolution. Mr. P. presumed that no gentle-tion, that duelling was wrong? when the general which he feared must arise out of the discussion of man would do so; but the code of honor, as under-principle was already admitted, why inquire into this subject. He doubted not that the excitement stood by many, was a very different code from that one particular case under it? why go beyond the produced by this event was an honest and laudaheld as such by his constituents. It was enough limits of constitutional authority to get grounds on ble one: and if the object were in reality, to benefor him, as their representative, to know that the which to base congressional action? if gentlemen fit the country by the prevention of future miswhole transaction had been a gross and flagrant chief, he would beg the house to pause, and to look violation of the laws of God and man. It was the seriously at the probable result. No member on duty of the house to take steps which might lead that floor more deeply lamented the late melanchoto the correction of public opinion, if, indeed, it ly event than he did, and no member could be betcould be true that it upheld such doings. Did pubter pleased by the adoption of any practicable lic opinion sanction such acts? Then it was high mode of preventing the recurrence of similar cases. time that gentlemen should take some means to But looking at the inevitable consequences, (as protect their own lives and those of their friends. they presented themselves to his mind,) of present He was one who believed the house to possess action upon this subject, he innst entreat the house power to take some steps in this matter which to consent to a postponemnt for one week. He would be attended with salutary effect in the commade a motion to this effect. munity. wanted a law against duelling in the district of Mr. D. said he sympathized with the feeling which pervaded the house. He venerated and esteemed the sentiments which had been uttered by the gentleman from Maine, (Mr. Fairfield,) and responded to them as correct. But let him ask, would that gentleman seek to draw the attention of the whole American people, not to the subjects of public moment which were before congress, but It had been further said by the gentleman from to an investigation of the conduct of their repreMaryland (towards whom Mr. P. cherished very sentatives in their private and personal relations high respect) that the adoption of the resolution with each other? into their actions performed as proposed would only lead to further broils, and to a private citizens, after they had thrown off and disrepetition of acts of the same dreadful character. connected themselves from the place and duty of a Mr. P. confessed his regret at hearing such a re-representative? what must be the result? it would, mark. They had fallen on evil times, indeed, if a it inust, be to create a flame that would involve the inan might not advocate the cause of truth, of community. This measure went to compel the Mr. Elmore, of South Carolina, said he was very unwilling to have participated in this discussion, but the remarks made by gentlemen who had pre. ceded him rendered it necessary to say one word to explain his course, and put this matter on its right fooing. If, a, had been said by some of the gentlemen who had addressed the house, it was intended only to lay the ground-work for a law against duelling, he would vote against it as totally unne NILES' NATIONAL REGISTER-MARCH 3, 1838-CONGRESS. cessary, and, under present circumstances, very | much to be avoided. But if, on the other hand, it was intended to assert the rights, privileges, and protect the persons of the members of this house, here in the discharge of their constitutional duties, it becomes a question too high and solemn to allow him to hesitate one moment in giving it his support. He required no information as to the circumstances of this unhappy affair to direct his vote for a law against duelling; and if the resolution of the gentleman from Maine shall go only to that end, he would vote against it, but if it be so modified as to present distinctly the question whether the privi. leges of this house have been violated, he should, under a solemn conviction of his judgment, feel it his imperious duty to vote for the inquiry, with the sole view to protect the members of this house from question, for what it may be their duty, as it unquestionably is their constitutional right, to say in debate. of this house. tive step in the inquiry, that there was no good He would venture to assert that the time the Mr. Boon said that he had voted for the suspen sion, and should now vote for the resolution, upon the ground of its being a matter of privilege, involving the right of debate in this house. Upon this The chair suggested that the question of postground, and this ground alone, would he vote for it. Mr. Boon said he should vote against the postponement was before the house. ponement and in favor of the resolution, as a question affecting the privileges of members of that Mr. Potter, of Pa., next addressed the house. body. He said he understood the question before the house to be whether this resolution should be acted upon at this time, or a week hence. He could not, for a moment, permit himself to think that any honourable member upon that floor would let any personal Mr. Reed rejoiced that, upon a late occasion, he or political considerations mingle with their action for consideration. If I could think, with my colupon such a question as was then presented to them But, sir, it is said this inquiry will produce ill league, (Mr. McKennan), that the resolution could had had an opportunity to express his opinion upon feeling and excitement. He trusted not. Who, reflect on the memory of the dead, or upon the the subject-matter involved in this question. He sir, when the high and solemn duty of guarding character of the living, (said Mr. P.) I would be in rejoiced, moreover, that it had been brought before and protecting the rights guarantied by the constitu- favor of taking time for coolness and reflection; for the house for its action thereon. Yet he could not tion to this body, and through it to our constituency, the subject is one of the deepest importance, and is agree that that was the proper time to set on foot and the country, will dare to throw his private to be acted on carefully and deliberately; while its the proposed investigation. It is admitted, he arbeen some doubts expressed as to the granting feelings into the proceeding, to swell excitement high importance imperatively demands that that gued, on all hands, that a very strong feeling does on so sad an occasion? No member surely will do action should take place at the earliest possible exist upon the subject; and to such an extent that, farther excitement. such wrong to justice and to the honor and dignity time. Farther delay would, necessarily, produce even before the funeral of the deceased, there had Mr. Fairfield, in order to meet the views of gen-funeral honors in this instance; and, considering tlemen, modified his resolution so as further to in- what had taken place in relation to the matter, he position as he had done. As to the question of struct the proposed committee to inquire and report deeply regretted that the gentleman from Maine whether a breach of the privileges of the house had (Mr. Fairfield) should have introduced such a prothe resolution be so amended as to make it the Mr. Loomis said that this appeared to him a very postponement, the gentleman from Pennsylvania, means of asserting the privileges of the house and protecting the freedom of its debates and proceed-plain question, and he wondered that it did not strike (Mr. Potter,) who had spoken against it, had said every member in that light. The simple matter is, that further delay produced further excitement. whether, when one of the members of this house, Was that human nature? He believed not. On the The yeas and nays having been demanded on one of the associates of gentleman there, is with- contrary, he was of opinion that delay allayed exdrawn suddenly from among them, and from the re-citement rather than produced it. Here the chair suggested that the gentleman's re-the question of postponement, that question was YEAS-Messrs. Alexander, J. W. Allen, Aymarks were quite irrelevant to the question immedi- decided in the affirmative by the following vote: ately before the house. crigg, Beirne, Bell, Biddle, Bond, Bouldin, CalCarter, Chambers, Chapman, Cheatham, Childs, hoon, W. B. Campbell, John Campbell, W. B. Corwin, Cranston, Curtis, Dawson, Dromgoole, Dunn, Everett, Ewing, J. Garland, R. Garland, J. Graham, Win. Graham, Grennell, Griffin, Harlan, Harper, Hawes, Herod, Hoffman, Howard, R. M. T. Hunter, Jenefer, H. Johnson, W. C. Johnson, fee, Milligan, Mitchell, C. Morriss, Naylor, PatKemble, Lawler, Lyon, Mallory, Marvin, J. M. Mason, S. Mason, Maury, May, McKennan Mene. ton, Pearce, Peck, Pope, Rariden, Randolph, Reed, Ridgway, Robertson, Sawyer, Sergeant, A. H. Shepperd, Shields, Sibley, Southgate, Stanly, Stone, Stratton, Taliaferro, Thompson, Underwood, A. S. White, J. White, E. Whittlesey, L. Williams, Sherrod Williams. J. L. Williams, Yell, Yorke-84. Entertaining the opinions he did upon this subject, under the convictions of his judgment, he should feel constrained to vote for the inquiry, if ings. Mr. Bell hoped that the discussion would be confined to the precise question (of postponement) The chair requested the house so to confine it. before the house. self. Mr. Turney entertained the opinion that all discussion of this subject, at this time, was highly improper. No member could possibly vote on it understandingly, until all the facts are investigated by the committee. He would, therefore, move the previous question. The question upon seconding the previous question was taken by yeas and nays, and decided as follows: Yeas 84, nays 86. So there was no second to the motion. been committed. presentation of the country Mr. Loomis would connect them with the ques- NAYS-Messrs. Adams, H. Allen, Anderson, Andrews, Atherton, Beatty, Bicknell, Birdsall, Boon, Briggs, Brodhead, Bronson, Bruyn, Bynum, W. B. Calhoun, Cambreleng, Casey, Chaney, Clark, Clowney, Coles, Connor, Craig, Cushman, Davee, Davies, Deberry, DeGraff, Edwards, Elmore, Farrington, Fairfield, R. Fletcher, Isaac Fletcher, Filimore, Fry, Goode, Grantland, Grant, Gray, Haley, Hall, Hammond, Harrison, Hastings, Jones, J. W. Jones, Kilgore, Klingensmith, LeHawkins, Haynes, Henry, Holsey, Hubley, W. H. Hunter,, Ingham, Jabez Jackson, J. Johnson, N. gare, Lewis, Lincoln, Logan, Loomis, Martin, Maxwell, McKay, Robert McClellan. A. McClel lan, Mercer, Montgomery, Moore, Morgan, M. Morris, S. W. Morris, Noble, Noyes, Ogle, Owens, Palmer, Parker, Patterson, Paynter, Petrikiu, Phil lips, Pickens, Plumer, Potts, Potter, Pratt, Prentiss, Rencher, Rhett, Richardson, Rives, Russell, Sheffer, Sheplor, Slade, Snyder, Spencer, Stuart, Taylor, Thomas, Tillinghast, Titus, Toucey, Turney, The resolution was then debated at some length Vanderveer, Wagener, Webster, Weeks, T. T. Whittlesey, J. W. Williams, Worthington-117. by Messrs. Garland, of Lou. Bouldin, Evans, and Fairfield, when Mr. McKennan said that the peculiar position in which he stood towards his constituents demanded Mr. Grennell had listened to the debate thus far that he should say a word in explanation of the vote he had given against the suspension of the rule, and state the reasons why he should vote in without having been able to here any good reasons favor of the motion to postpone the further consi- for hasty action in relation to the matter before the deration of the subject for one week. His consti- house, or any against the delay which had been tuents (he said) condemned the practice of duel- proposed by the gentleman from Tennessee, (Mr. ling in the most unqualified terms, and in that con- Bell.) Whether to inquire into the question of a detonation he most heartily agreed with them. breach of privilege, or into the expediency of leg. He abhorred the practice from the very bottom of his islation against the horrible custom of duelling, there soul, and would go as far as the furthest on this floor certainly was no need of hasty action in relation to to surpress it. He said, further, he would yield to this resolution. Could the proposed inquiry be no gentleman in deploring the tragical event which conducted with deliberation and impartiality, while had cast a melancholy gloom over the city, and every heart was swelling with emotion at what had which we had all been called upon to mourn. He just transpired? So soon after the performance of sympathized, deeply sympathized with the relatives the funeral obsequies, the member from Maine, of the deceased, and if he could pour the oil of con- (Mr. Fairfield,) with the best motives-motives solation into the bosom of his surviving partner, honorable to him alike as a man and as a member Should not time be nothing would afford him so much consolation. of that body-had offered a resolution proposing an [Here the speaker interposed, and said the question investigation of the circumstances which had led to was on the postponement.] Mr. McKennan said the lamentable occurrence, he would not transgress the rules. That he would given, before this shall be done, for feeling to be heartily go for the amendment offered by his col- assuaged-not party feeling, (of which he could league, (Mr. Morris,) which looked to legislation, not believe there was any operating in relation to and which proposed to do something to put an end the subject in that body,) but honorable, sympa. to the practice, which is fraught with such lament-thetic feeling, before this step be taken? It was able consequences, and in the condemnation of not the force, but the misdirection of this laudable which, in principle, all seem willing to unite. That feeling, that was to be avoided; and there was nothe resolution of the gentleman from Maine pro- thing (as it seemed to him) in the case, to impel posed no legislation, no suppression, by law, of the the house to act on the spur of the moment: nor evil, but an examination merely into the facts of had any reasons been given why such hasty action the late dreadful catastrophe; they were already should be had. He was glad that the house had before the public, and it could lead to no useful decided against compelling an immediate vote upon result to hasten the investigation. If, after paying the question. Time was necessary, to enable the the usual honors to the memory of the deceased, it house to adopt a course which should operate against was intended to cast an imputation upon the char- the custom of duelling, which had produced results acter or conduct of the survivor, the passions ought so disastrous. In order to effect this object, Mr.sider the vote upon postponement. Mr. Bronson, when he had first heard the motion He felt to have time to cool; the excitement, which all feel, Grennell would vote for the motion to postpone. should be allayed; and we should approach the subject with that coolness and deliberation which are made, was favorably disposed towards it. so necessary to enable the house to come to a just the full force of the suggestion that feeling, symand impartial conclusion. Justice to the characters pathy, and personal attachment, ought not to be of all concerned demanded that the investigation allowed to mingle in the deliberations of the house should be full and fair, without prejudice and with upon this subject. But, upon reflection, he had out passion. He, therefore, hoped that the motion come to view the question as being merely whether and, in order to do this, in order to take the incepof the gentleman from Tennessee, to postpone for the house would proceed to investigate this subject, a few days, would prevail. Mr. Colhoun, of Massachusetts, moved to recon Mr. Clowney moved the previous question. Mr. Calhoun, of Massachusetts, then moved that the whole subject lie on the table. The yeas and nays being ordered, this motion Mr. Clowney's motion was next in order, and the was lost, by the following vote: Yeas 74, nays 125. previous question was seconded, (by tellers)Ayes 109, noes not counted. And the question on lost by the following vote: Yeas 75, nays 106. reconsideration being taken by yeas and nays, was |