act. 51 the detention of the property, or the claimant shall ducements to, or the reward of, influence employed which I had entered into with the chiefs Tuskeehave filed a petition for its restoration, and failed or to be employed in said election; and whereas gee and Hallek Hago. The arrangement is, that to obtain it, and the property so seized shall have such a practice in the administration of the patron- they are to come in with their families and people, been in the custody of the officer for the term of age of the government will speedily destroy the pu- and are to await the decision of the president three calendar months from the date of such rity and freedom of the elective franchise, and un seizure, it shall and may be lawful for the claimant dermine the free system of government now hap- I promised to recommend that they be permitted to or owner to file with the officer a bond to the pily established in these United States: therefore, remain, and that a portion of this territory be aswhether they shall remain in the country or not. amount of double the value of the property so seiz- to prevent the recurrence of any practices which signed to them as their residence. ed and detained, with at least two sureties, to be may give rise to similar complaints in future, approved by the judge of the circuit or district court, with a condition that the property when re- day of July next, no officer, agent, or contractor, or per for me to state my own position in regard to Be it enacted, &c. That, from and after the first redeeming my pledge to the Indians, it may be proBefore presenting my views on that subject, and stored, shall not be used or employed by the owner other person holding any office or employment of the question of emigration, so that in what I shall or owners thereof, or by any other person or per- trust or profit under the constitution and laws of say in relation to the Seminoles, my views in resons with his or their privity, in carrying on any the United States, shall, by the contribution of mo-gard to the general principle may not be mistaken. military expedition or operations within the terri-ney or other valuable thing, or by the use of the Believing, as I do, that the Indians cannot, under tory or dominions of any foreign prince or state, franking privilege, or the abuse of any other official our constitution, have a separate political existence or any colony, district, or people, conterminous privilege or function, or by threats and menaces, or within an independent state of this union, without with the United States, with whom the United in any other manner, intermeddle with the election the consent of the state, I believe that it is due to States are at peace; and thereupon the said officer of any member or members of either house of con- the states in which they are congregated in large shall restore such property to the owner or claimant gress, or of the president or vice president of the bodies, to remove them whenever they are pressed thus giving bond: Provided, That such restoration United States, or of the governor or other officer of upon by the white population, and their lands beshall not prevent seizure from being again made, any state, or of any member or members of the le- come necessary to the agricultural wants of the in case there may exist fresh cause to apprehend gislature of any state; and every such officer or community. And I hold that congress, and not the a new violation of any of the provisions of this other person offending therein shall be held to be Indians, are to determine the proper time for their SEC. 6. And be it further enacted, That every tion in any court of the United States having juris-dians protection; not that protection secured to our guilty of a high misdemeanor; and, upon convic- removal. We, in our federal capacity, owe the Inperson apprehended and committed for trial, for diction thereof, shall pay a fine not exceeding one own citizens by the equal operation of our laws, for any offence against the act hereby amended, shall, thousand dollars; and any officer other than the that, in their condition, would be merely nominal when admitted to bail for his appearance, give president, vice president, and judges of the courts protection; but we owe them, in their individual such additional security as the judge admitting him of the United States, so convicted, shall be there- and collective capacity, that protection which the to bail may require, not to violate, nor to aid in upon removed from office, and shall be ever after parent owes to the child, or the guardian to the violating, any of the provisions of the act hereby incapable of holding any office or place of trust un-ward; and to secure them that protection, we must amended. SEC. 7. And be it further enacted, That whenever that nothing herein contained shall be so construed With the fullest conviction, therefore, not only of der the authority of the United States: provided, place them beyond the operation of state laws. the president of the United States shall have reason to believe that the provisions of this act have been, by the constitution: and provided, further, that no-measure, I am in favor of their entire emigration; as to interfere with the right of suffrage, as secured the policy, but of the justice and humanity of the or are likely to be violated, that offences have been, thing herein contained shall so operate as to pre- and I have supported that policy under four succesor are likely to be, committed against the provisions vent the president, or the head of any department sive administrations. But I believe we should not of the act hereby amended, within any judicial dis- who is vested by law with the power of appointing apply the principle until the white population are trict, it shall be lawful for him, in his discretion, to inferior officers, from removing from office, at any in contact with, or intermingled among them. The direct the judge, marshal, and district attorney, of time, any incumbent who the president or the head state of things at which I consider their removal such district, to attend at such place within the dis- of a department, as the case may be, shall be satis- imperative, actually existed when the tribes inhabtrict, and for such a time, as he may designate, for fied has intermeddled in any election, state or fed-iting Ohio, Indiana, Illinois, Missouri, Mississippi, the purpose of the more speedy and convenient ar- eral. rest and examination of persons charged with the violation of the act hereby amended; and it shall be rokees in Tennessee, North Alabama, and Georgia; state of things actually exists in relation to the Cheand South Alabama, were sent to the west: that the duty of every such judge, or other officer, when and, regardless of the opposition made to the mea any such requisition shall be received by him, to sure, they should be at once removed. attend at the place and for the time therein desig nated. SEC. 8. And be it further enacted, That it shall be lawful for the president of the United States, or such person as he may einpower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia, as shall be necessary to prevent the violation, and to enforce the due execution, of this act, and the act hereby amended. SEC. 9. And be it further enacted, That this act, shall continue in force for the period of two years, and no longer. JAMES K. POLK, after the first day of July next, no officer who, by Sec. 2. And be it further enacted, That, from and the constitution and laws of the United States, is authorized to appoint, or nominate and appoint, any officer or agent of the government, shall, by himhalf, give or procure to be given, or promise to give lands were not required for agricultural purposes; self, or by any other person or persons in his be- the error of attempting to remove them when their In regard to the Seminoles, we have committed or procure to be given, any office, place, or employ- when they were not in the way of the white inhab ment to any person or persons whatsoever, with in-itants; and when the greater portion of their countent to corrupt or bribe him or them, or upon agree- try was an unexplored wilderness, of the interior of ment that such person or persons to whom, or for which we were as ignorant as of the interior of whose use, or on whose behalf such gift or pro. China. We exhibit, in our present contest, the mise shall be made, shall exert his or their influ- first instance, perhaps, since the commencement of or by any other person or persons, at his or their so explore a country, (for we can do little more than ence in any election, or by himself or themselves, authentic history, of a nation employing an army to licitation, endeavor to secure the election of any explore it,) or attempting to remove a band of sav. person or persons to represent any state, or any dis- ages from one unexplored wilderness to another. trict in any state, in congress, or of any person to be president or vice president of the United States, comment upon the policy of the government, but to As a soldier, it is my duty, I am aware, not to or of any person to be governor or other officer of any carry it out in accordance with my instructions. I state, or of any person or persons to be a member or have endeavored faithfully to do so; but the prosmembers of the legislature of any state; and every pect of terminating the war in any reasonable time such officer offending therein shall be held guilty of a is any thing but flattering. My decided opinion is, high misdemeanor, and, upon conviction in any that unless immediate emigration be abandoned, the court of the United States having jurisdiction there- war will continue for years to come, and at conlars; and any officer, other than the president or worthy the serious consideration of an enlightened of, shall pay a fine not exceeding five thousand dol-stantly accumulating expense. Is it not then well the judges of the courts of the United Strtes, so government, whether, even if the wilderness we are convicted, shall be thereupon removed from office, traversing could be inhabited by the white man, A bill to secure the freedom of elections. and shall be incapable ever after of holding any of (which is not the fact,) the object we are contendWhereas complaints are made that officers of the ted States; and every person who shall receive or not think it would; indeed, I do not consider the fice or place of trust under the authority of the Uni-ing for would be worth the cost? I certainly do United States, or persons holding offices or employ- accept, by himself, or by any other person or per- country south of Chickasa Hatchee worth the medments under the authority of the same, other than sons, in trust, for or in behalf of such person, any icines we shall expend in driving the Indians from the heads of the chief executive departments, or office, place, or employment, with the intent afore-it. such officers as stand in the relation of constitution- said, shall be held to be guilty of a misdemeanor, al advisers of the president, have been removed and, upon conviction in any court of the United venture to make the suggestion, I would allow from office, or dismissed from their employment, them to remain, and would assign them the counIf I were permitted, and it is with great diffidence upon political grounds, or for opinion's sake; and try west of the Kissimmee, Okee Chobee, and Pawhereas such a practice is manifestly a violation of nai Okee, and east of Pease creek, south, to the exthe freedom of elections, an attack upon the public treme of Florida. That would satisfy them; and liberty, and a high misdemeanor: and they might hold it on the express condition that tants, or pass the boundaries assigned to them witheither commit depredations upon the white inhabithey should forfeit their right to it, if they should out the written permission of the military commander or agent. M. VAN BUREN. THE FREEDOM OF ELECTIONS. The following is a copy of the bill introduced in the house of representatives, on the 5th of this month, by Mr. Bell, of Tennessee, and now depending in that body: Whereas complaints are also made that officers of the United States, or persons holding offices or employments under the authority of the same, are in the habit of intermeddling in elections, both state and federal, otherwise than by giving their votes: and whereas such a practice is a violation of the freedom of elections, and a gross abuse, which ought to be discountenanced by the appointing power, and prohibited by law: and States having jurisdiction thereof, shall pay a fine ral fines imposed by this act shall, when collected, FLORIDA WAR. The following, among other, papers relating to Whereas complaints are also made that, pending By placing an agency and authorizing tradingconcentrated; and stationing a competent military houses on Charlottee's harbor, they could be soon force there and at Tampa Bay, they might be readily controlled, and, if necessary, removed from the country, should they become troublesome, or fail to president, as the only means of terminating, imme the measure to your consideration and that of the fulfil their engagements. I respectfully recommend diately, a most disastrous war, and leaving the troops disposable for other service. I desire a decisión as soon as your convenience will permit, as, by the middle of April, at farthest, the troops must be withdrawn from all the posts in the interior, to preserve their lives. If it be determined that the Indians now in Florida remain, it would be better that those who are at New Orleans and Charleston, with the exception of one or two of the chiefs, be sent to the west; their force would thus be divided and weakened, and many of the relations of those sent west might soon be induced to follow. This communication will be delivered to you by my aid-de-camp, lieutenant Linnard, a highly valuable officer, whom I earnestly recommend to your favorable consideration and attention. I have the honor to be, most respectfully, your deep interest, and I have given to it the most dili- by pursuing and destroying the vessel of their pi- In the present stage of our relations with the Indians residing within the states and territories east of the Mississippi, including the Seminoles, it is Should it be determined to remove the Indians by useless to recur to the principles and motives which Department of State, force, and to continue the war until they submit un-induced the government to determine their removal Washington, Feb. 13, 1838. conditionally, I desire that the communication be to the west. The acts of the executive and the Sir: I have the honor to acknowledge the receipt confidential, and that the matter be considered confi. laws of congress evince a determination to carry dential at Washington,in order that I may have infor- out the measure, and it is to be regarded as the set- of your note of the 6th instant, communicating a mation of it before it can be communicated by letter- tled policy of the country. In pursuance of this copy of a letter from Sir Francis Head, lieutenant writers to others; for there can be but little doubt of policy, the treaty of Paynes' Landing was made governor of the provice of Upper Canada, respecttheir flying to the swamps again and renewing the with the Seminoles, and the character of the officering the capture and destruction of the steamboat "Caroline" by a Canadian force on the American employed on the part of the government is a guarwar, should the decision be to remove them. anty of the perfectly fair manner in which that ne-side of the Niagara river within the jurisdiction of gotiation was conducted and concluded. Whether the state of New York, together with the reports the government ought not to have waited until the and depositions thereto annexed. The statement of the facts which these papers Seminoles were pressed upon by the white popula tion, and their lands become necessary to the agri- present is at variance with the information commucultural wants of the community, is not a question nicated to this government respecting that transacfor the executive now to consider. The treaty has tion: but it is not intended to enter at present upon been ratified, and is the law of the land, and the an examination of the details of the case, as steps constitutional duty of the president requires that he have been taken to obtain the fullest evidence that should cause it to be executed. I cannot, there- can be had of the particulars of the outrage; upon fore, authorize any arrangement with the Semi-the receipt of which it will be made the subject of noles by which they will be permitted to remain, a formal complaint to the British government for or assign them any portion of the territory of Flori- redress. Even admitting that the documents transda as their future residence. mitted with your note contain a correct statement of the occurrence, they furnish no justification of the aggression committed upon the territory of the United States-an aggression which was the mcre unexpected, as Sir Francis Head, in his speech at the opening of the parliament of Upper Canada, had expressed his confidence in the disposition of this government to restrain its citizens from taking part in the conflict which was raging in that province; and added, that having communicated with the government of the state of New York, and with yourself, he was then waiting for replies. It is not necessary to remind you that his expectations have been met by the adoption of measures on the part of the United States, as prompt and virgorous as they have been successful in repressing every attempt of the inhabitants of the froutier states to interfere unlaw fully in that contest. The most serious obstacle thrown in the way of those measures was the burning of the Caroline, which, while it was of no service to her Britannic majesty's cause in Canada, had the natural effect of increasing the excitement on the border, which this government was endeavoring to allay. The Hon. J. R. POINSETT, The department indulged the hope that, with the extensive means placed at your disposal, the war, by a vigorous effort, might be brought to a close this campaign. If, however, you are of opinion Wascissa, Feb. 12, 1838. that, from the nature of the country, and the chaDear Sir: The enclosed was sealed yesterday for racter of the enemy, such a result is impracticable, and that it is advisable to make a temporary arrangethe mail; last night, however, we had a repetition ment with the Seminoles, by which the safety of of the scenes previously detailed to you; confi- the settlements and the posts will be secured dence had begun to be restored, and but a few days throughout the summer, you are at liberty to do so since we had induced our frontier settlers to return In that event, you will establish posts at Tampa, to their habitations. They have been, however, and on the eastern shore, and wherever else they again alarmed from them, and, as the assailed point are, in your opinion, necessary to preserve the is but a mile or a mile and a half from my house, it was again all night a garrison for the refugees. In-peace of the country; and I would suggest the prodeed, sir, you cannot estimate correctly all my feel- priety of leaving colonel Zadock Taylor, of the first infantry, in command of them. In removing ings ou such occasions. Almost alone, with a few north with your forces, you may make similar arscattered hamlets around, (col. Murat and myself,) we witness ourselves insulted; our neighbors dri-rangements with the other bands. I deem it, howven from their settlements; their homes in some in- ever, of great importance that every exertion should be made to chastise the marauding Indians who stances burnt and families murdered; with no other have committed depredations upon the inhabitants ability, as private citizens, than to stand to our of the people of middle Florida. I beg you will arins and houses, and protect those who seek our address yourself to James Gadsden for information protection. We can do no more; we do our duty on this subject, and you may, if you think proper, in performing so much; in maintaining our post- yield to his suggestion of leaving a battalion for tions, which, in the present state of the contest, the protection of the people of that neighborhood. have become military ones. But we are mortified It is hoped, however, that you will be able to put that we can do no more, or that such has been and it out of the power of these Indians to do any furcontinues to be the disposition for the defence of ther mischief. They ought to be captured or dethis frontier, that we can only stand by our arms, stroyed. As soon as, in your opinion, it can be and say our house and scalps are once more safe; done with safety, you will reduce your force of but without the power to pursue the enemy, or to mounted men from Georgia, Alabama, and Tensearch for him. Without this can be done by the presence of a regularly organized force, and for the war, I apprehend, seriously apprehend, Jefferson county will present the scenes which have been played with so much suffering in Alachua. It was as much as we could do, at the late attack, to induce the people of this immediate vicinity to remain at their homes. What will be the result of this I cannot say; I fear, however, they will quit and leave the plantations to stand the brunt. For nessee. Very respectfully, AFFAIR OF THE CAROLINE. JOHN FORSYTH. I avail myself of this occasion, &c. Washington, Feb. 16, 1838. Sir: I have the honor to acknowledge the receipt of your letter of the 13th instant, relating to the question of the capture and destruction of the piratical steamboat Caroline. Although I cannot acquiesce in the view which the United States government are disposed to take of the facts connected with that transaction, yet, as this legation is not the final authority competent to decide the question on the part of Great Britain, and as you inform me that a representation will, in due time, be addressed to her majesty's governinent in England, I consider it most consistent with my duty to avoid entering at present into any controThe following correspondence between the sec-versy upon the subject. It will remain for her matunately for us, some marines passed by here yes-retary of state of the United States and the British jesty's government at home, when the whole eviterday; we have despatched a courier to bring them minister at Washington was communicated by Sir dence of the case shall have been produced, to form back, and shall station them for a time at the house Francis Head, to the legislature of Upper Canada, such deliberate resolution thereupon as reason, hoassailed last night. But, sir, we cannot close this and justice shall dictate. war without more harmony and concert of action, Washington, Feb. 6, 1838. and the presence, on the whole frontier assailed, of Sir: With reference to the letter, which, by dian organized force, mounted in part, and ready to rection of the president, you addressed to me on the act promptly. They must, in fact, be always in the 5th and 19th ultimo, respecting the capture and stirrup, beating the bush, and searching for these destruction of the steamboat "Caroline" by a Cavagabond Indians. The war has assumed a most nadian force on the American side of the Niagara ADDRESS FROM HENRY A. WISE, OF VA. serious character, but has been, and continues to river, within the jurisdiction of the state of New be, mistaken by all who have the management of it. Another year's blundering, and niddle Florida becomes what eastern Florida is. We will stand our ground; but this will not end the contest by catching and making examples of the disturbers of Yours, our peace. J. GADSDEN. In the "Globe" of 12th the instant we find the following reply of the secretary of war to the above letter of general Jesup: on the 3d instant: York, I have now the honor to communicate to you nor, I avail myself of this occasion to renew to you, TO MY CONSTITUENTS. I was second to Mr. Graves, in his late duel with Mr. Cilley. Its catastrophe has brought upon me much odium and reproach. Your representative is accountable to you for his personal as well as The piratical character of the steamboat "Caro-his political conduct; for by it he is worthy of you, line," and the necessity of self-defence and self- or you are dishonored. I owe you an explanation, preservation under which her majesty's subjects then, and I make it most cheerfully, because I acted in destroying that vessel, would seem to be know that you would gladly receive my vindicasufficiently established. At the time when the event happened, the ordinary laws of the United States were not enforced Copy of a letter from the secretary of war to major within the frontier district of the state of New York. general Jessup, dated The authority of the law was overborne publicly by piratical violence; through such violence her majesty's subjects in Upper Canada had already severely suffered, and they were threatened with still farther injury and outrage. This extraordinary state of things appears, naturally and necessarily, to have impelled them to consult their own security Department of War, March 1, 1838. SIR: I have the honor to acknowledge the recipt of your communication of the 11th of February, which was delievered to me by your aid-de-camp, lieutenant Linnard. The subject of it is one of tion. Judge me, then; you have the right. For what? Murder? No. All the false witnesses who pander for passion or prejudice could not convince you that Worse than I am a murderer. For dishonor? murder! The certificate of Mr. Cilley's second will assure you that he took not the least exception to my course. For participating in a duel, thenmy own or that of another-at all? For that you should judge me. That is my offence. I admit it; and all I can dare ask is, that you will judge me fairly, according to that public sentiment which consent to be involved in personal difficulties with When I went into the sitting room at Mr. Birth's But, though competent to guard his honor and his life, was I competent to reconcile his difference? It is said that I myself was hostile to his antagonist. If so, I may have been incompetent. But I solemnly deny that I was hostile to Mr. Cilley. God On the morning of the 22d, Mr. Graves informed knows whether I did not feel far more sympathy me that he had called on Mr. Cilley, and requested for him than many who pretend to deplore his fate. him to put his answer in writing; that Mr. Cilley There had been a slight misunderstanding between | had requested him first to address him, (Mr. Cilley) us in debate, which passed off with the moment, a note, inquiring of him what he had said; that he | and left not the trace of animosity behind. True, had written to him a note, (the first in their corresthere was never, before or after that occasion, any pondence,) and handed it to him in person; and intimacy between us, because we were never ac- that for answer, he had received the first note of quainted; but I was purely and proudly conscious of Mr. Cilley, which he then exhibited to me. Mr. no malice towards that man, or I never could have Graves was highly incensed at the tenor of this consented to bear him a challenge. But, hostile to note, and I confess that it greatly surprised me, him or not, and though hostility might have prompt-after what Mr. Graves told me he had said verbally ed to incite another to seek his life-dark, and deep, in their interviews. Mr. Graves regarded the and deadly hate must that have been! yet, my con-note tion. Secondly, as contemptuous and insulting to col. Thirdly, as placing Mr. Graves himself in the Soon after, Mr. Jones furnished me with the terms of the meeting. I left my room with Mr. Menefee, who had come in just as Mr. Jones and I were parting, about 6 p. m. I think, to show the terms to some of Mr. Graves's friends, and to submit to them whether they should be accepted. They were condemned as barbarous, and such as might properly be declined; but it was thought that they were intended to intimidate; that the distance was so great as, in some measure, to mitigate the severity of the weapon, and, therefore, I was advised that they should be accepted. Indeed, it was thought that the acceptance of such terms might avoid the duel altogether, inasmuch as the plain object of such propositions was either to make the duel fatal, or to deter Mr. Graves from accepting them; and if the latter was the object, the party proposing was most likely to fly from the terms himself. In duct proves that I did earnestly endeavor to prevent First, as denying what he had alleged to his the shedding of his blood, by reconciling his differ- friends Mr. Cilley had said to him in conversaence with my friend; and the history of the tragedy proves, that not only I, but two other gentlemen, of known character and standing, who were never accused of hostility to him, and who might have overruled me by their voices and influence, could not reconcile that difference, or prevent its result. I consented to accept the terms reluctantly, and That history I now submit to you as I shall detail before I did accept them, I endeavored to ascertain it, under the solemn sanction of an oath, to a com- Fourthly, as saying, in effect, "I do not recog-whether they could be complied with, by procuring mitteee of congress now investigating the causes nise col. Webb to be a gentleman, sir, but I res- a weapon within the appointed time. I rode to which led to Mr. Cilley's death. The report of that pect you as one;" thereby inviting Mr. Graves to four different places to inquire whether a fit weacommittee I will send you as soon as it is made substitute himself for colonel Webb. pon could be got, and after a vain search for seveand printed. This statement supplies what the Such was the construction which Mr. Graves ral hours, I went to Mr. Jones's room, and handed joint statement of Mr. Jones and myself omits, and put upon that letter, and I could not see, and can-him my first note, about 9 o'clock, p. m. that which it could not contain, because he could not now, what other construction he could have that note I was particular to name that there not vouch for what I alone, or others than himself, put upon it, taken in connection with the conversa should be but one ball to lessen the chances of knew. And I send this in advance of the report of tions which he averred had passed previously be- a fatal shot, by confining the parties to the "downthe committee, to arrest, in the midst of extraordi-tween them; it seemed wholly irreconcileable with, ward horizontal position," until the word "fire," nary excitement, that torrent of defamation which and contradictory to, what had passed between thus shortening the time in which they could take is now pouring from the vials of the wrath of those them verbally. But, upon due consideration, he aim; and not knowing where to get a rifle or whewho would delight to destroy my reputation and determined to offer Mr. Cilley again an opportuni-ther one could be got, the main object of the note usefulness as a public servant. I send it to suspend ty to explain. He prepared his second letter, and was to gain time. I wished to gain time, not only your judgment until I can be fully heard; to prevent sent it to Mr. Cilley by the honorable Mr. Mene- to procure a fit rifle, but to afford an opportunity, you from blushing for me, until I am put to shame fee, as he has since informed me; I know nothing if possible, to prevent the meeting. Indeed, I reby the truth; and to stay your condemnation until I of what passed between Mr. Cilley and Mr. Me-marked to Mr. Jones verbally, that I knew of no am fairly convicted by credible evidence. nefee. person to whom I could apply with certainty of During the sitting of the house on the 22d, be- getting a tried weapon in the city of Washington, tween the hours of 3 p. m. and 4 p. m., I think, and I expected to be obliged to send to Philadel Mr. Graves came to me with Mr. Cilley's reply, in phia for one. He seemed to intimate that the which he denied the right of Mr. Graves to pro-time could not be postponed for that purpose: said pound the question in his second note, and requested me to bear to Mr. Cilley a challenge which he had already written, and which he placed in my hands. I expressed my reluctance to be the bearer, told him I would confer with him again upon the subject, and returned to my seat to at tend to the discussion of the bill in relation to the disturbances on the Canadian frontier; I addressed the house that evening, soon after which the house adjourned. HENRY A. WISE. STATEMENT. The hon. Jonathan Cilley, late a member of the house of representatives, fell in a duel with the hon. Wm. J. Graves, fairly fought between the hours of 3 p. m. and 4 p. m., Saturday, the 24th day of February, 1838, the challenge of which he freely accepted, and the terms of which, as to time, place, weapons, and distance, he himself, or his friends for him, prescribed. As to the causes which led to this duel I am not the most competent witness. I presume that the hon. Wm. J. Graves himself can inform the committee better than any one else, from the nature of the case, of the facts and influences which operated on him to call Mr. Cilley to the field. that there must be fit weapons here, and asked if I could not procure one from the arsenal? I replied, that I should not risk an untried rifle, and told him that I would be obliged if he could inform me where a fit rifle could be got. I fixed upon the hour of 11 a. m. the next day, as the latest period when I would inform Mr. Jones whether Mr. Graves could be ready. I informed Mr. Graves of what I had done, and retired to rest. About 2 o'clock at night, Mr. Menefee came to Mr. Graves walked with me from the capitol to my room, awoke me out of sleep, and informed me my boarding house. I then repeated my objections that Mr. Graves's friends had procured for him a to be the bearer of his challenge, and insisted that rifle, but, he said, it was in exceedingly bad order. I was wholly ignorant of the fact that Mr. Graves I would not bear it that evening; that I wanted The owner of it has since told me that it had not bore, or was about to bear, a note from col. Webb time for reflection; that I could not do that service, been used for more than eighteen months, and it to Mr. Ciley. I never saw that note until the 26th under any circumstances, except for an intimate was very rusty. I directed Mr. Menefee to have of February, two days after the duel. On the 21st friend, who would make a like sacrifice, and incur it cleaned as early as possible, and that it must be of February, Mr. Graves informed me that he had a like responsibility for me; that I regarded him as tried in the morning before Mr. Graves' life was borne a note to Mr. Cilley from col. Webb, calling such a friend, who had in fact shown every disposi-hazarded on it. for explanation. I rebuked him for having done tion to stand by me upon trying occasions; but I Early the next morning, I went to the room of so, upon the ground that his own previous relations hoped that something might yet be done to avoid with col. Webb did not justify the latter in impos- the alternative he had chosen; and that I must be ing upon him such an office and its responsibilities. permitted to delay the delivery of it until the next He replied, that Mr. Cilley had taken time to give day, if I delivered it at all. I prevailed on him to him an answer; and we separated after a very short wait until the next morning, when he called upon me again; said that nothing had occurred to change Afterwards, Mr. Graves called me out from my his determination; took the challenge and changed seat in the house, and informed me that he had its phraseology; (I have not a copy of the first he seen Mr. Cilley again, and then, for the first time, put into my hands, nor do I recollect its terms;) detailed to me what Mr. Cilley had said in sub-and insisted that I should deliver it before the house stance, verbally, during their interviews: That, met, on the 22d of February. I was prevailed on in declining to receive the note, he hoped it would to do so; and accordingly, a few minutes before 12 not be thought disrespectful to him, (Mr: Graves;) in. on Friday the 22d, I called at Mr. Cilley's boardthat he declined on the ground that he could noting house, and handed him the paper. interview. the hon. Mr. Hawes, where, according to appointment with Mr. Menefee the night previous, I expected to meet Mr. Graves. Not finding Mr. Graves there, I returned to Miss Queen's, my own boarding house, to breakfast, and found on my table, about 8 o'clock a. m. the note of Mr. Jones, informing me that he would be at Dr. Reilly's until 11 o'clock, a. m. on the 24th. At ten o'clock, a. m. I went to Dr. Reilly's, and wrote Mr. Jones a note that Mr. Graves could not be ready by 12 m., and that I would inform him by 12 1-2 m. when he could be ready. I was still anxious to delay the meeting, and desirous to throw obstacles in the way of it for that day. At about 10 1-2 a. m. I found Mr. Graves at the arsenal, where he went to have the rifle cleaned, and I saw him try it several times at a mark. He was exceedingly awkward, shot badly, and I by no means liked the rifle he had. I feared very much the consequences of going out with him under such a total want of preparation, and skill, and was still more than ever anxious for delay, as were his other friends. But on my return to my room, about 11 1-2 a. m. I found two notes from Mr. Jones, a rifle, a powder flask, with powder and ball in it, lying on my table. The first note, dated 10 1-2 a. m. in reply to mine of 10 a. m., stated that Mr. Jones had "the pleasure to inform" me that he had "an excellent rifle, in good order, which was at the service of Mr. Graves." The second note, which had not been delayed for an answer to the first, dated half an hour only after the first, tendered to me, "for the use of Mr. Graves the rifle referred to," and there were the rifle and its appendages. These notes and that rifle hastened the meeting. I dared delay no longer, without danger of a taunt for cowardice. Mr. Graves should have gone upon the ground, after this, under every disadvantage; but he should not have used the rifle sent him, because, though "an excellent rifle, in good order," Mr. Cilley had, of course, preferred another to it; and if Mr. Graves had missed with it, and been killed, I would have been justly chargeable with his death. The meeting was then to be had as soon as Mr. Graves' rifle could be cleaned, as a surgeon could be got, and as the parties could reach a field out of the District of Columbia. I saw Mr. Jones immediately, and we agreed upon 3 o'clock, p. m. as said in our joint statement other. The choice of position fell to me by lot. which he did admit in his conversation with Mr. I kept my eye upon Mr. Cilley; it was my duty field, whilst his adversary was before him with a As the rifle was put into Mr. Cilley's hands the second time, I saw, though I could not hear, Mr. Jones giving him directions, as I thought, to be inore deliberate. I had heard that he was a fine marksman, and I was extremely uneasy for the result. The word was given; Mr. Graves's rifle went of quickly, and, as he told me afterwards, accidentally, and into the ground. Mr. Cilley drew up very deliberately, aimed, I feared, a deadly shot, and fired. I thought he had hit Mr. Graves. I went to him, and inquired why he shot so quick? He said that he must have another shot; that Mr. Menefee had told him not to put his finger upon the guard, but the trigger was too easy, and that he would next time shoot his own way. His rifle had gone off accidentally, owing to his taking his finger off the guard, and insisted upon another shot. I have now stated the facts, and the world can make its own deduction of the causes which led to the death of the honorable Mr. Cilley. If I am a proper judge of those causes, and am expected to say what they were, I will sum them up in order: First. Mr. Cilley, as Mr. Graves affirmed, and still affirms, denied, in writing, a satisfactory answer which he had made to Mr. Graves verbally. Second. He made this written denial in answer to a letter of Mr. Graves, which he had himself requested to be addressed to him, with a view to form a pretext for a written admission of the very facts he denied. Third. He impeached the honor of one for whom, as a gentleman, Mr. Graves undertook, by the very act of bearing his note, to vouch. For these causes, Mr. Graves challenged him to mortal combat; and Fourth. When Mr. Graves called on him for "that satisfaction which is recognised among gentlemen," he prescribed barbarous and savage terms; an unusual weapon, the most deadly, at the distance selected, in the hands of a good shot. It was very apparent to me that Mr. Cilley had shot at the life of Mr. Graves. If, when Mr. Graves's rifle went off, without harm to him, he Fifth. He precipitated the time of meeting, when had discharged in the air, or reserved his fire, the the second of Mr. Graves was avowing a want of fight would have been at an end; he would not preparation and a desire for delay. again have jeoparded Mr. Graves's life, and would Sixth. A weapon, not one of a pair, was tenderhave saved his own. Mr. Graves was not, how-ed for the use of Mr. Graves, in a manner that was ever, touched by his ball, and I again withdrew the considered taunting. challenge, as before, for explanation. Seventh. In the second exchange of shots, Mr. Cilley fired deliberately at Mr. Graves' life, after the rifle of Mr. Graves had gone off accidentally, and without effect. I returned to Mr. Hawes' room, where Mr. It was between the second and third exchange of Graves was, and informed him of the appointment. shots, and after the rifles were ordered to be again He then selected the hon. John J. Crittenden, of loaded for the third fire, the challenge having been the serate, and the hon. R. H. Menefee, of the renewed, that I proposed to Mr. Jones that Mr. Eighth. Mr. Graves called Mr. Cilley out upon house, as the friends whom I was to consult. Mr. Cilley should say that, "in declining to receive col. a point of sufficient importance, as he thought, to Graves retired, and whilst the rifle was being clean-Webb's note, he meant no disrespect to Mr. cause a challenge; he did not get the satisfaction ed, I then submitted to Mr. Crittenden and Mr. Graves, either directly or indirectly.' In making he demanded, and he was not the man to leave the Menefee the question, distinctly-what should be this proposition I went beyond my instructions; field without gaining that point, after any number done in case the parties missed? We were all sure but, as I understood Mr. Jones, Mr. Cilley would of ineffectual fires. that Mr. Graves would miss often. not say those words alone nor without adding And for reason of all these causes the combat I understood positively from Mr. Graves, that he words which did away the effect of the word "in- proved mortal. Mr. Cilley was killed; death might would not be satisfied with any admission short of directly," and which left the parties exactly where have been the fate of Mr. Graves. Certain it is, what Mr. Cilley had made to him, verbally, in their they were when they came upon the ground. that Mr. Graves did not hold Mr. Cilley accountainterviews. Our object, then, was to adopt or sug- The statement of Mr. Jones and myself contains ble for the exercise of any privilege of a member gest some form, or explanation, or admission, which substantially all the propositions which I remember of the house of representatives. There was no should be as easy as possible for Mr. Cilley to to have been made on the field for settling the dif-point of their controversy when the plea of Mr. make, and which should satisfy Mr. Graves. This ference. But here it is proper to remark, that when Cilley's privilege of debate would not have been was our study, and we unanimously decided that first the friends assembled at my instance, much held sacred and sufficient by Mr. Graves and his immediately after the first fire I should propose to was said by them upon both sides. A debate was friends. Mr. Graves held him accountable in deMr. Cilley, or his second, that he should assign likely to ensue, and lest a dispute or difference fence only of his own veracity, and of the honor some such reason, or make some such disclaimer, should arise among ourselves, it was suggested that of one for whom he had undertaken to vouch as a for declining to receive col. Webb's note from Mr. the friends should consult apart with the respective gentleman. Graves, as he had made to Mr. Graves in their pri- seconds, and that the seconds should be the organs vate conversation. Mr. Crittenden and Mr. Meue-of announcing propositions for settling the diffee wrote down what they thought Mr. Graves should be satisfied with. The one wrote: "That in declining to receive from Mr. Graves the note from colonel Webb, Mr. Cilley was not influenced by considerations affecting the honor of col. Webb." The other wrote: "Mr. Cilley states that he did not decline to receive colonel Webb's communication from Mr. Graves in consequence of any personal exception to colonel Webb as a gentleman or a man of honor." ference in the hearing of all. This seemned to be To these I added another form of admission, yards off. which should be accepted as satisfactory: "Mr. Cilley declined to receive the communica-jected none, without consulting Mr. Crittenden and tion from colonel Webb, at the hands of Mr. Graves, Mr. Menefee; and I believe that every act of mine upon the ground that he, Mr. Cilley, did not hold himself answerable to colonel Webb for words spoken in debate, on the floor of the house of representatives." These, or any admission approaching in substance to these, were to be considered satisfactory. I carried the written propositions with me, in my pocket, on the ground. The reason why Mr. Graves would not be satisfied with any thing short of these, was because he alleged that Mr. Cilley had made both these admissions to him verbally. there, and throughout the whole affair, met with It was at the instance of Mr. Graves himself, Such are the more prominent causes known to me which made this duel bloody, which made Mr. Graves insist upon a second and a third exchange of shots, which brought Mr. Cilley to an untimely end. Most respectfully, HENRY A. WISE. From the "Globe" of Tuesday, the 13th inst. LETTER FROM THE HON. FRANKLIN PIERCE. WASHINGTON, March 12, 1838. SIR: I inclose herewith a number of "the Atlas," a paper printed at Boston, for the purpose of calling the attention of the committee to a letter I made no proposition on the ground, and re-dated in this city on the 5th instant; the perusal of which has filled me with equal pain and, surprise. In a former letter in the same paper, it was stated that I was the second of Mr. Cilley in the late tragical duel. This I did not notice, because the correction had already gone abroad, and also for the reason that so far as the immediate relatives and friends of the deceased (who have occupied my thoughts almost exclusively since the melancholly occurrence) were concerned, it was a matter of no importance. But the letter to which I now call the attention of the committee, contains statements which must be of the most painful interest to those relatives as they are to me: statements into which The reason why Mr. Graves insisted upon Mr. a regard to their feelings and my own character Cilley's saying, "either that he declined to receive alike demand a strict investigation. I extract those the note of colonel Webb, because he was not ac-parts of the letter which relates particularly to mycountable for words spoken in debate," or "that, self, and into which I respectfully ask the commitin declining to receive the note, he did not do tee to institute a rigid inquiry. so upon the ground of personal objection to col. Webb, as a gentleman,' was because Mr. Cilley The distance appointed was eighty yards. It is had made both these declarations, as Mr. Graves my firm belief that the distance stepped off by Mr. alleged to his friends, to him verbally. He would Jones and myself, which we did "pari passu, 59 was not be satisfied with the declarations announced on nearer one hundred yards than eighty. The the ground, and his friends could not advise him to ground was measured before the choice of posi- accept them as satisfactory, for the reason that tions, and I believe that we both stepped with a they admitted nothing which Mr. Cilley did not view of preventing the parties from hitting each admit in his written correspondence, and nothing As to what "transpired on the field," &c. &c., I must refer generally to the statement published by Mr. Jones and myself. But, as that statement is only of what occurred within our joint knowledge, besides the correspondence given upon information of others, I have a few particulars within my own knowledge to add. EXTRACTS. will be found that Mr. Cilley was sacrificed by his 1st. "If the matter be probed to the bottom, it own friends, who urged and induced him to fight in the confident expectation that he would kill Graves at the first fire." 2d. "But in the interval between that interview and the note he received from Mr. Graves containing a written statement of the substance of the con versation which he was requested to assent to, he had consulted, it is said, with his friend Mr. Pierce, of New Hampshire, and through Mr. Piorce, with that celebrated duellist-celebrated for killing his opponents by unfair advantages-Mr. Benton of Missouri. No doubt others were called into the council. Mr. Cilley's remarkable skill with the rifle was well known." 3d. "When the carriage, containing Mr. Cilley's body, drove up to the door of his boarding house, Mr. Pierce, who boards in the same house, is said to have run down stairs with an air of exultation, calling out for the news, and confident that his friend had been successful. The revulsion in his feelings, when he learned the real state of the case, may be imagined." With regard to the first extract, I would state that I have been a friend of Mr. Cilley from the days of our college life, and suppose I may be one of the individuals alluded to, but that I never entertained or expressed a "confident expectation that he would kill Mr. Graves;" but on the contrary, I did express, both before the meeting and after the Resolved, That the people of this state hold in high estimation the distinguished talents and public services of the deceased, and feel the deepest sympathy for his afflicted widow, children and friends. Resolved, That attested copies of these resolves be forwarded to the widow of the deceased, and to each of the senators and representatives in congress from this state. in the Maine house of representatives, on Mon- [principal receivers, a few clerks, and a sufficient After the above resolutions had been adopted, Mr. Gardiner, of Waterville, introduced several resolutions, condemning the practice of duelling, which were read, and assigned for a second reading. SPEECH OF MR. CALHOUN, OF SOUTH CAROLINA, parties had left the city, an anxious hope that the On the sub-treasury bill: delivered in the senate of the the reverse of that of the bill. It proposes to revive difference might be settled without the effusion of blood. I never advised Mr. Ciiley to accept the challenge, nor do I know any friend who did. In relation to the second, I state that he did consult with me, and that I advised him by all means to avoid a personal difficulty; if he could, to make his first note in reply to Mr. Graves acceptable; and I particularly suggested to him to state that he neither denied or affirmed any thing with regard to Mr. Webb's character, as I understood him to say he had done before, in order that Mr. Graves should have no cause to make it a matter personal to himself. At the time the note was written, I do not recollect to have heard from Mr. Cilley, or any other person, that he was accustomed to the use of the rifle at all. United States, February 15, 1838. I regard this measure, which has been so much denounced as very little more than an attempt to carry out the provisions of the joint resolutions of 1816 and the deposite act of 1836. The former provides that no notes but those of specie paying banks shall be received in the dues of the government, and the latter that such banks only shall be the depositories of the public revenues and fiscal agents of the government; but it omitted to make provisions for the contingency of a general suspension of specie payments, such as is the present. It followed, accordingly, on the suspension in May last, which totally separated the government and the banks, that the revenues were thrown in the hands of the executive, where it has since remained under its excluWhen the second note was received, and the sive control, without any legal provision for its safe answer written, I suggested that he had better in-keeping. The object of this bill is to supply this troduce the sentiment which I knew he entertained, omission; to take the public money out of the hands that he regretted that his former note was not satis- of the executive and place it under the custody of factory, for the purpose of manifesting still his dis- the laws, and to prevent the renewal of a cornexion position for reconciliation. Mr. Cilley fully con- which has proved so unfortunate to both the govcurred in all my suggestions. ernment and the banks. But it is this measure, originating in an exigency caused by our own acts, and that seeks to make the most of a change effected by operation of law, instead of attempting to innovate, or to make another experiment, as has been erroneously represented, which has been denounced under the name of the sub-treasury with such unexampled bitterness. It is due to col. Benton to state that I never spoke with him on this subject, until Friday afternoon, when the challenge had been received, and Mr. Cilley had resolved to accept it. In relation to the third extract quoted above, I have to state, that late in the afternoon, when on Pennsylvania avenue, at the foot of Third street, on which street were our lodgings, a messenger on horseback came up and informed me that he had come from the field, and that Mr Cilley was killed. I proceeded immediately to our boarding-house, and announced the fact to Mr. Williams, general Wall, and the family. While we were standing in the entry, a note from Mr. Wise was brought in, stating that my friend was wounded, and that he had left him near the Anacosta bridge, I asked one of the gentlemen to take a carriage and go out with General Wall remarked, that he would pro. bably be brought in before we could get out of the city. Mr. Williams went up stairs for an outside garment; before he returned, the carriage drove up with the remains of Mr. Cilley. me. I turn now to the substitute. Its object is directly the league of state banks, and to renew our connection with them, and which all acknowledge has contributed so much to corrupt the community, and to create a spirit of speculation, heretofore unexampled in our history. The senator in offering it, whether wisely or not, has at least acted consistently. He was its advocate at first in 1834, when the alternative was between it and the recharter of the late Bank of the United States. He then defended it zealously and manfully, against the fierce assaults of his present allies, as he now defends it, when those, who then sustained him, have abandoned the measure. Whether wisely or not, there is something heroic in his adherence, and I commend him for it; but I fear I cannot say as much for his wisdom and discretion. He acknowledged with all others, the disasters that have followed the first experiment, but attributes the failure to inauspicious circumstances, and insists that the measure has not had a fair trial. I grant that a second experiment may succeed, after the first has failed; but the senator must concede, in return, that every failure must necessarily weaken confidence, both in the experiment and the experi menter. He cannot be more confident in making this second trial than he was in the first; and if I doubted the success then, and preferred the subtreasury to his league of banks, he must excuse me for still adhering to my opinion, and doubting the success of his second trial. Nor ought he to be surIn lieu of this bill, an amendment has been offer-prised, that those who joined him in the first should ed, as a substitute, by the senator from Virginia, be rather shy of trying the experiment again, after furthest from the chair, (Mr. Rives,) which he in- having been blown into the air, and burnt and scaldforms us is the first choice of himself and those who ed by the explosion. But, if the senator has been agree with him, and the second choice of those with unfortunate in failing to secure the co-operation of whom he is allied on this question. If I may judge those who aided him in the first trial, he has been from appearances, which can hardly deceive, he compensated by securing the support of those who might have said their first choice, under existing cir- were then opposed to him. They are now his zealcumstances; and have added, that despairing of a ous supporters. In contrasting their course then national bank, the object of their preference, they and now, I intend nothing personal. I make no have adopted his substitute, as the only practical charge of inconsistency, nor do I intend to imply it. alternative at present. We have, then, the question My object is truth, and not to wound the feelings of thus narrowed down to this bill and the proposed any one, or any party. I know that to make out a substitute. It is agreed, on all sides, that one or the charge of inconsistency, not only the question, but other must be selected, and that to adopt or reject all the material circuinstances must be the same. the one, is to reject or adopt the other. The single A change in either, may make a change of vote nequestion then is, which shall we choose? A deeply cessary; and, with a material variation in circummomentous question, which we are now called on stances, we are often compelled to vary our course, to decide in behalf of the states of this union, and on in order to preserve our principles. In this case, I our decision their future destiny must, in a great conceive that circumstances, as far as the present degree, depend, so long as their union endures. allies of the senator are concerned, have materially changed. Then the option was between a recharter of the late bank and a league of state banks; but now the former is out of the question, and the option is between such a league and a total separation from the banks. This being the alternative, they may well take that, which they rejected in 1834, without subjecting themselves to the charge of inconsistency, or justly exposing themselves to the imputation of change of principle, or opinion. I acquit them, then, of all such charges. They doubtless think now, as they formerly did, of the measure, which Resolved, That with every desire to manifest The object of the bill, as I have already stated, is they then denounced and rejected, but which a their respect for the house of representatives, and to take the public funds out of the hands of the exe-change of circumstances now compel them to supthe committtee of the houte, by whom they have cutive, where they have been thrown by the opera- port. But in thus acquitting them of the charge of been invited, and for the memory of the deceased, tion of our acts, and to place them under the custody inconsistency, they must excuse me if I avail mythe justices of the supreme court cannot, consis-of law; and to provide for a gradual and slow, but a self of the fact, that their opinion remains unchangtently with the duties they owe to the public attend perpetual separation between the government and ed, as an argument in favor of the bill-against the in their official characters, the funeral of one who the banks. It proposes to extend the process of substitute. The choice is between them. They are in the opposite scales. To take from the one is, in effect, to add to the other; and any objection against the one, is an argument equally strong in favor of the other. I then do avail myself of their many powerful objections in '34 against the measure, which this substitute proposes now to revive. I call to my aid, and press into my service every denunciation__ they then uttered, and every argu I trust the committee will be enabled to ascertain upon what authority statements so injurious to myself and others, have been made. I am, very respectfully, Hon. ISAAC TOUCEY, FRANKLIN PIERCE. Chairman of the committee of investigation. - The supreme court of the United States having been invited to attend the funeral of Mr. Cilley, adopted the following resolutions, which we copy from "the New York American." Resolved, That the justices of the supreme court entertain a high respect for the character of the deceased, sincerely deplores his untimely death, and sympathize with his bereaved family in the heavy affliction which has fallen upon thein. has fallen in a duel. Ordered, That these proceedings be entered on the minutes of the court, and that the chief justice enclose a copy to the chairman of the committee of the house of representatives. The following resolves, introduced by Mr. Codman, of Portland, were unanimously passed In comparing the relative merits of the two measures, preparatory to a decision, I shall touch very briefly on the principles and details of the bill. The former is well understood by the senate and the country at large, and the latter has been so ably and lucidly explained by the chairman of the committee in his opening speech, as to supercede the necessity of further remarks on them at this stage of the discussion. I propose, then, to limit myself to a mere general summary, accompanied by a few brief ob servations. separating to the year 1845, receiving, during the mentioned. The provisions of the bill are the most simple and effectual that an able committee could devise. Four |