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. to the senate, tables of the rates of exchange, foreign and domestic, and of the price of bank notes at different periods, from such materials as are in the department, and such others as can be conve Mr. Smith, of Indiana, submitted a resolution, which lies over one day, calling on the secretary of the treasury for statements of the whole number of acres of the public lands granted to each of the states of Ohio, Indiana, Illinois, Alabama, Mis-niently procured. sissippi, Louisiana, Missouri, Michigan, and Ark- On motion of Mr. Wall, the senate took up and ansas, with the particulars; the number of acres sold considered as in committee of the whole, the bill in said states at public or private sale, the number for the establishment of a port of entry at Jersey remaining unsold, distinguishing between Indian city; and, after brief explanations from Messrs. and other lands, and the number of acres sold in Wall and King, it was ordered to be engrossed for Indiana, with the amount received from those sales. a third reading. The unfavorable reports on the claims of Andrew King, and the widow of Thomas Cogswell, were taken up and agreed to. The bill to authorize the examination and test of The senate resumed the consideration of the After an executive session, (moved by Mr. Mr. President, you and I were in congress, in 1816, during the time of the suspension of specie payments by the banks. What was the spirit of the The bill to provide for issuing patents to certain 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. Madison, 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 allowed 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 measure? 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, or the long-sighted policy of Mr. Lowndes, in all that is now before us? And Mr. Crawford, then at the head of the treasury, arduously striving to restore the finances, to re-establish both public and private credit, and to place the currency, once more, upon its safe and proper foundation; do you see, sir, the marks of Mr. Crawford's hands in the measure now presented for our approbation? | The senate adjourned till Monday. February 26. The chair communicated a letter from the secretary of the treasury, in answer to a resolution of the senate of the 22d instant, directing him to communicate the report of E. and G. W. Blunt, of New York, relative to the construction and improvement of light-houses, stating that no such communication had been received at his office, nor at the office of the fifth auditor. Also, a report from the same, transmitting, in compliance with the provisions of the acts for the establishment of the treasury, war, and navy departments, a list of contracts entered into for the year 1837: laid on the table, and ordered to be printed. Also, a report from the war department, transmitting, in compliance of a resolution of the senate, a map of the military road from Saginaw and Mackinaw; which, on motion of Mr. Lyon, was laid on the table, and ordered to be printed. Mr. Trotter presented the inemorial of the legisla. ture of Mississippi, praying congress to ratify and confirm certain pre-emption claims under the act of June, 1834: referred to the committee on public lands. Mr. Smith, of Indian, presented a memorial, signed by seventy-four of the members of the general assembly of the state of Ohio, praying congress to appropriate a portion of the public funds in a subscription for a part of the capital stock of the Jeffersonville and New Albany canal company, incorporated by the state of Indiana, to construct a canal around the falls of Ohio, on the Indiana side, of sufficient capacity to pass steamboats of the largest size. A message was received from the house of representatives by Mr. Franklin, the clerk, announcing the death of the honorable Jonathan Cilley, a member of the house from the state of Maine, and stating that the funeral would take place from the hall of the house to morrow at 12 o'clock. Mr. Williams rose and addressed the senate as follows: Mr. President: I came into the senate this morning, exhausted and overwhelmed, to perform the melancholy duty of announcing to you and to the senate of the United States the sudden and lamented death of my friend and colleague the honorable Jonathan Cilley, a representative from Maine, in the congress of the United States. At the last adjournment of the senate, Mr. Cilley was in perfect health, full of hope and expectation of making himself useful in asserting and vindicating the violated rights of his state, and of distinguishing himself in the great questions which now so deeply agitate the public mind; full of zeal and ardent patriotism; and of devotion to the great cause of human liberty and of human rights, he considered that a crisis had arisen when his country had a right to claim the services of her sons. 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 constituents are deprived of the services of an able and faithful representative. He 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 his inheritance. His grandfather was the distinguished patriot and brave officer of the revolution; general Cilley; and his brother, captain Joseph Cilley, was the gallant leader of the heroic charge under colonel Miller, at the battle of Bridgewater heights, in the last war. The deceased was a graduate of Bowdoin college, in Maine, and by his superior talents and application attained a high standing at the bar in that state. He was a good lawyer, an able advocate, and a powerful debater. From early life Mr. Cilley was ardently attached to the principles of free government; a zealous advocate of the rights of the whole people, and a determined opponent of the claim of the few to tyrannise over the many. In 1832, Mr. Cilley was elected to the house of representatives in Maine, and in 1835 and 1836 was speaker of that body, where his talents and love of country became so conspicuous, that in 1837 he was elected to congress in a district in which the majority were his political apponents. Mr. President, I have little to say of the subordi nate provisions of this bill, of the receivers-general, or of the dangerous power, given to the secretary, of investing the public money in state stocks of his own selection. My opposition to the bill is to the whole of it. It is general, uncompromising, and de cided. I oppose all its ends, objects, and purposes; I oppose all its means, its inventions, and its contrivances. I am opposed to the separation of go. vernment and the people; I am opposed, now and at all times, to an exclusive metallic currency; I am opposed to the spirit in which the measure origOf his conduct here I need not speak, for all who inates, and to all and every emanation and ebullition hear me, all who knew Mr. Cillley in the other end of that spirit. I solemnly declare, that in thus stuMr. S. said he had before had the honor to intro- of the capitol, will bear testimony of his ability, to dying our own safety, and renouncing all care over duce, memorials, numerously signed by the busi- his open, frank, and determined course, to the high the 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." 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. moment, at war with a powerful enemy, and if his (Mr. S.) would only say, on the present occasion, As a man, Mr. Cilley was warm, ardent, genefleets and armies were now ravaging our shores, and that the great importance of the measure 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 coun- On motion of Mr. S. the memorial was referred try to its fate, it would be, certainly, a more strik-to the committee on roads and canals. ing, a more flagrant and daring, but in my judg- Mr. Clay, of Alabama, presented the memorial of ment not a more clear and manifest dereliction of the inhabitants of township three, range nine west, duty, than we commit in this open and professed of Huntsville, Alabama, representing that the 16th abandonment of our constitutional power and consti- section, reserved for schools, in that township is The sun which set upon the lifeless corpse of my tutional duty, over the great interest of the national sterile and unproductive, and praying a grant of late friend and colleague, rose bright and cheering currency. I mean to maintain that constitutional other lands in lieu of the same; which was referred upon his distant fireside circle, and the wife of his power, and that constitutional duty, to the last. It to the committee on public lands. bosom blest its gladsome beams, and told her innoshall not be with my consent that our ancient poMr. Benton presented the memorial of sundry in-cent children that it brought the return of their licy shall be overturned. It shall not be with my habitants of Erie, Pennsylvania, praying congress father one day nearer. consent that the country shall be plunged further to take measures to prevent the re-issue of the notes and further into the unfathomed depths of new ex- of the old bank of the United States: referred to the pedients. 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, memorials, &c. committee on finance. Mr. Buchanan presented the memorial of a large number of citizens of Philadelphia, asking congress to establish a dry dock at that place, and setting forth strong reasons why such an establishment 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. Who shall now penetrate that bereaved mansion, and witness the tears, the agony, the distraction of the widow and the fatherless? Mr. president, I cannot. May the Father of all Mercies be their comforter and their support. Of the canse and manner of the death of Mr. Cilley, I forbear to speak; but allow me to say, that it is my solemn conviction that he entertained 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, treaily, and to his constituents. 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 arm for thirty days. And, as an additional mark of respect to the memory of the deceased. Resolved, That the senate do now adjourn. February 27. The senate assembled at 12 o'clock, pursuant to adjournment; and after the journal was read, ties, &c. and furnish to each member one copy of The resolution having been read once, Mr. Benton said he hoped this business would Mr. Benton: Never to be called up again? The question on laying on the table having pre- Mr. White rose and said, that in order that the On motion of Mr. Benton, the committee on the senate might carry into effect the resolution adopt-judiciary were instructed to inquire into the expeed yesterday, in relation to attending the funeral of diency of appointing a separate judge for the westthe deceased member from Maine, he would move ern district of Louisiana. 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 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. sentatives cause 2,000 copies of the survey and chart of the harbor of Havre de Grace and mouth of the Susquehannah and bead waters of the Chesapeake bay, communicated to the house on the 24 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 Wapagh konetta, 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 proportion with those heretofore made in favor of other states. Resolved, That the committee of report a bili 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. 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. The serrate then resumed the sub-treasury bill. [Mr. Buchanan, in presenting these proceedings, Mr. Davis rose and addressed the senate in opposaid he regretted he could not comply with the re-sition to this measure till near 4 o'clock, particuMr. J. then commenced and made some progress quest of the democratic delegation of the county larly aiming to show that the late and present ad-in his remarks, in support of this resolution, when of Philadelphia, that he should pay no regard to the ministrations have had in view as the main and they were cut off by the arrival of the hour for the instructing resolution of the legislature of Penn- paramount object of all their financial measures, orders of the day. sylvania. On this subject his determination was the establishment of a government bank, resting on fixed, and could not be changed by any human the public revenue. Before he had concluded, he power, except the legislature itself; and, much as gave way to a motion to adjourn, and he respected the source from which this request The senate adjourned. 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 whose opinion he valued had convinced him it was a case for obedience, and not for resignation. He was sorry to Mr. Thomas, of Maryland, gave notice (as chairbe placed in this position, because there was no man of the committee on the judiciary) that, imman in the country who, as an individual, was more mediately after the neutrality bill should be disposdecidedly and strongly in favor of a separation be-ed of, he should move to take up the bill to prevent tween the banks and the government than he was the abatement of suits, &c. against the late Bank 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. 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. 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. 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 "other 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 apon 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, nocs 51. So the motion was seceived, which will be duly noticed in their progress. conded. A few resolutions of minor importance having The previous question was then decided in the offered, affirmative; and the bill, as amended, was read, at Mr Reed asked leave to offer a resolution grant-the request of Mr. Patton, who remarked that the ing the use of the hall to the congressional tempe- bill as it stood amended, purposed to prohibit the rance society on Tuesday evening next; objection trade with Canada. being made, Also, the proceedings of a public meeting of citizens of New Jersey, asseinbled at Newark, in which Mr. W. said they had expressed their opin-been ions in relation to a variety of public inatters, fron which Mr. W. differed, though he considered the ineeting 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 to 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. 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. follows. 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 be 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 1 o'clock. YEAS-Messrs. J. W. Allen, Anderson, Ather- 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 even week,) provided that the editor would consent to publish the proceedings of congress, with the yeas and nays on each question so taken, and ton, also a supplement at the end of the session, con- Resolved, That the clerk of the house of repre-din, Brodhead, Bronson, Wm. B. Campbell, Wm. Saturday, Feb. 24. On motion of Mr. Worthing B Carter, Casey, Chambers, Chaney, Clark, Clow- ( duce a deep sensation in Maine, and indeed through- wards, Elmore, Evans, Everett, Fairfield, Fletcher, So the hill was rejected. When this decision was announced With this brief and imperfect announcement, I beg leave to submit the following resolutions: 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 Cilley, deceased. Mr. Patton rose, and intimating that the vote just taken could not be considered as expressing the sense of the house on the expediency of legislating in some way upon the subject to which the bill re- Resolved, That the members and officers of this ferred, 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 be 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; 54 in the affirmative, nays not counted. The motion to recommit the hill 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 follows: Jonathan Cilley, by wearing crape on the left arm The resolutions were unanimously adopted. Tuesday, February 27. The house met, pursu- The committee of arrangements, pall-bearers, and mourners, attended at the late residence of the deceased, at Mr. Birth's, at 11 o'clock, a. m. at which time the remains were removed, in charge of the committee of arrangements, attended by the sergeant-at-arms of the house of representatives, to the hall, where the funeral service was perform ed by the reverend Mr. Slicer, and the discourse preached by the reverend Mr. Reese. The funeral procession then moved from the hall The chaplains of both houses. Mr. Atherton, of N. H. Mr. Coles, of Va. Mr. Thomas, of Maryland, Mr. Campbell, of S. C. The family and friends of the deceased. The sergeant-at-arms of the senate. vice president and their secretary. Judges of the supreme court, and its officers. Mr. Speaker: An event has occurred since our last adjournment, which has spread a deep gloom The senate of the United States, preceded by the over this community, and deprived this body of one of its most valuable members. I allude, sir, to the death of my late colleague, the honorable Jonathan Cilley, which, it is my painful duty to announce, took place on Saturday last near this city. One hour we saw him in full life, standing in the midst of ns in all the pride and vigor of manhood; the next, a helpless, inanimate corpse. It is a case, sir, most melancholy and heart-rending in all its circumstances, (of which, however, this is not the occasion to speak" and brings home to our minds, with peculiar emphasis, the trite but solemn truth, that Citizens and strangers. Mr. Fairfield, of Maine, asked leave to offer a "Resolved, That a committee consisting of seven members be appointed to investigate the causes which led to the death of the honorable Jonathan Cilley, late a member of this house, and the circumstances connected therewith, and to report thereon to this house." NAYS-Messrs. Bell, J. Calhoon, W. B. Campbell, W. B. Carter, Chambers, Cheatham, Cranston, Dawson, Ewing, James Garland, J. Graham, Harlan, Harper, Hawes, R. M. T. Hunter, W. C. Johnson, Mallory, J. M. Mason, S. Mason, McKennon, Mitchell, Robertson, Sergeant, Shields, Snyder, Southgate, Taliaferro, John White, Sherrod Williams. J. L. Williams, C. H. Williams-31. There being more than two-thirds in the affirmative, the rules were suspended, and leave given to introduce the resolution, which was again read at the clerks table. Mr. Fairfield then said that, entertaining the views and feelings which he did in reference to the awful tragedy to which the resolution referred, he could not refrain from offering it to the house. Had he refused to do so, the voice of his colleague's blood would call to him from the ground. His colleague and friend had been deprived of life in a manner and under circumstances which demanded investigation; it was due to the family of the deceased, it was due from members to themselves, to the country, to humanity, and to God. He trusted that no member on that floor would shrink from such a proposal. For, aside from the peculiar circumstances of the present case, an opportunity was presented which he should suppose every good man would promptly and gladly embrace, to put down the barbarous and disgraceful practice of duelling, a practice which wantonly violated the 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. Under the peculiar and distressing circumstances, however, of the present case, the deceased heving been Mr. F.'s colleague and personal friend, should the house agree to pass the resolution, he hoped the speaker would waive the usual practice which, from courtesy, was supposed to require that the name of a mover for a select committee should be placed at the head of such committee, when appointed by the chair, and would not put him on the committee at all. Mr. W. C. Johnson, of Md., said that he ha i voted against the motion to suspend the rules, because, on hearing the resolution read, he had been at once convinced that its adoption would effect no possible good, or lead to any satisfactory result. No one could grieve more over the calamity which had befallen the mover of the resolution, and all the other friends of him whose death they all mourned, than himself, but he had opposed the introdution of this resolution because he did not know what power congress possessed to suppress duelling. As a moralist, he lamented, as all must lament, that the state of society was supposed to be such as to sarction such a dreadful resort. None could be more sorry that appeals of that description were thought to be necessary. But still, he must ask, what good would be effected by the proposed inquiry? The morning papers contained a detailed statement of all the particulars of this melancholly affair; the house was already thus possessed of all the facts and circumstances of the case. And where was its Mr. Bell objecting to its reception at this time, power, under the constitution, to enact an antiMr. Fairfield noved a suspension of the rules, to duelling law? Todo that was the right of the states. allow of his offering the resolution at this time. Many of the states had enacted such laws; it was Mr. Bell stated that he had objected only because fully within the pale of their jurisdiction to do so: he thought it better to postpone any action in rela- but any like attempt on the part of congress would His fellow-citizens has often elected him to places tion to the subject referred to for a few days, until be a usurpation of power. It was, by the constiof honor and trust in the state of his adoption, and existing excitement should have had time to sub-tution, left to the state to purify the morals of their had now given him a seat among the representa- side. tives of the nation; among us, who are now spared to deplore his abrupt and tragical removal. Though he had not long been a member of this body, he had established an enviable and an enduring reputation. His ready powers of debate, bis warm and fervid eloquence, his manly bearing towards opponents, and courteous demeanor to all, will be readily acknowledged, and long remembered, by the members of this house. in the midst of life we are in death." My deceased colleague was a man of uncommon talents. His mind was strong, vigorous, well stored, and well disciplined. He had, moreover, that indomitable spirit of perseverance in all the pursuits of an elevated and honorable ambition, which would not rest satisfied with low attainments. He partook largely, too, of that fearless patriotism of his ancestors, which made them "pour out their blood like water," in the war of the revolution, and which also displayed itself in the brave and chivalrous conduct of an only brother during the late war. That his sudden and melancholy death will pro "Resolved, That said committee have power to send for persons and papers, and have leave to sit during the sessions of the house." 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: own citizens, and protect their lives and character. He had voted against the suspension, and should vote against the resolution, for another reason. By voting in favor of a measure like this, he should. consider himself as reflecting on all the parties in: YEAS-Messrs. Adams, Alexander, Heman Al- any way concerned in this transaction; it implied" len, Anderson, Atherton, Ayerigg, Beatty, Beirne, a reflection on the prudence, judgment, and wis-Bicknell, Biddle, Birdsall, Bond, Boon. Borden, dom of both the parties. Had any fraud, any de-Bouldin, Briggs, Broadhead, Bruyn, W. B. Calhoun, ception, any moral delinquincy of any sort, any Cambreleng, Casey. Clark, Coles, Craig, Crary, thing that would justify a vote of expulsion, beear Cushman, Davies, Deberry, DeGraff, Dunn, Ed-imputed to either of the parties or of their frienda reason, and of eternal justice on that floor, with- people to take sides in a private quarrel, and thus in this matter? If any gentleman would rise in his In taking this course, Mr. J. was actuated by no previous concert. He had not seen or conversed with a single one of those who had been on the field of the late melancholy contest. If the imprudence of the friend of the parties on either side, their indiscretion, or mistake, had led to the catas. trophe which all now so deeply lamented, it was matter of deep regret; but it was out of the power of the house to cure the case; they could not resusciate the dead, nor could they offer any effectual alleviation to the wounded feelings of his surviving friends. Every step the committee might take would only exasperate public feeling, and sow broad-cast the seeds of future occurrences of an equally dreadful character. This was his candid belief. Though as anxious as any other gentleman could be that such rencontres should be prevented for all future time, he was well assured this was not the course to secure such a result. limits of constitutional authority to get grounds on members. 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 must, be to create a flame that would involve the man might not advocate the cause of truth, of community. This measure went to compel the 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 the practice of duelling, and report a bill for that purpose at as early a period as may be practicable." 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. Mr. Bell had been prepared for what he had heard, as he had anticipated the introduction of a resolution of some nature, in relation to the late unhappy affair. But he had hoped that this step would not have been taken until a few days should have elapsed, when members would have been better qualified than they could be now, to act deliberately and dipassionately. Least of all had he expected that such a resolution would be introduced to-day. He doubted not it had been done with the best and purest intentions, but he could not believe that its effects could be any thing but mischievous. Mr. B. did not mean to oppose the action of the house upon the subject, but the time propose for that action: and he would appeal to the good sense of the house as to the propriety of postponing the consideration of the subject for a few days. He deprecated the passion, personality, exacerbation, and expressions of strong feeling. which he feared must arise out of the discussion of this subject. He doubted not that the excitement produced by this event was an honest and laudable one: and if the object were in reality, to benefit the country by the prevention of future mischief, be would beg the house to pause, and to look seriously at the probable result. No member on that floor more deeply lamented the late melancholy event than he did, and no member could he better pleased by the adoption of any practicable mode of preventing the recurrence of similar cases. But looking at the inevitable consequences, (as they presented themselves to his mind,) of present action upon this subject, he must entreat the house to consent to a postponemnt for one week. He made a motion to this effect. Mr. Elmore, of South Carolina, said he was very unwilling to have participated in this discussion, but the remarks made by gentlemen who had preceded him rendered it necessary to say one word to explain his course, and put this matter on its right footing. If, as 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 be 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 circunstances 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 unf questionably is their constitutional right, to say in Mr. Boon said that he had voted for the suspen tive step in the inquiry, that there was no good sion, and should now vote for the resolution, upon reason for delay. Were the question a final one as the ground of its being a matter of privilege, into the case proposed to be inquired into, that arguvolving the right of debate in this house. Upon this inent might apply; but it could not avail in the preground, and this ground alone, would he vote for it. sent position of the question. The chair suggested that the question of postponement was before the house. He would venture to assert that the time the committee would take in order to investigate the Mr. Boon said he should vote against the post- causes of the late unhappy event, would be even ponement and in favor of the resolution, as a ques- longer than that named by the gentleman from tion affecting the privileges of members of that Tennessee, (Mr. Bell,) in his motion to postpone. body. In the mean time, he would suggest, there would Mr. Potter, of Pa., next addressed the house. be opportunity for reflection upon the part of the He said he understood the question before the house house, and the same effects as had been already to be whether this resolution should be acted upon pointed out, as arguments in favor of postponing, at this time, or a week hence. He could not, for a would ensue, in the assuaging of feeling, and enmoment, permit himself to think that any honoura- abling members to act upon the report of the proble member upon that floor would let any personal proposed committee calmly, cooly, and dispassionor political considerations mingle with their action ately. He should, therefore, go for the postponeupon such a question as was then presented to them inent. for consideration. If I could think, with my colBut, sir, it is said this inquiry will produce ill league, (Mr. McKennan), that the resolution could feeling and excitement. He trusted not. Who, reflect on the memory of the dead, or upon the sir, when the high and solemn duty of guarding character of the living, (said Mr. P.) I would be in and protecting the rights guarantied by the constitu- favor of taking time for coolness and reflection; for tion to this body, and through it to our constituency, the subject is one of the deepest importance, and is and the country, will dare to throw his private to be acted on carefully and deliberately; while its feelings into the proceeding, to swell excitement high importance imperatively demands that that on so sad an occasion? No member surely will do action should take place at the earliest possible such wrong to justice and to the honor and dignity time. Farther delay would, necessarily, produce debate. of this house. Entertaining the opinions he did upon this subject, under the convictions of his judgment, he should feel constrained to vote for the inquiry, if farther excitement. Mr. Fairfield, in order to meet the views of gentlemen, modified his resolution so as further to instruct the proposed committee to inquire and report whether a breach of the privileges of the house had been committed. the resolution be so amended as to make it the ings. Mr. Bell hoped that the discussion would be confined to the precise question (of postponement) before the house. The chair requested the house so to confine it. 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 83. So there was no second to the motion. Mr. McKennan said that the peculiar position in which he stood towards his constituents demanded 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 favor of the motion to postpone the further consideration of the subject for one week. His constituents (he said) condemned the practice of duel. ling in the most unqualified terms, and in that condemnation he most heartily agreed with them. He abhorred the practice from the very bottom of his soul, and would go as far as the farthest on this floor to surpress it. He said, further, he would yield to no gentleman in deploring the tragical event which had cast a melancholy gloom over the city, and which we had all been called upon to mourn. He sympathized, deeply sympathized with the relatives of the deceased, and if he could pour the oil of consolation into the bosom of his surviving partner, nothing would afford him so much consolation. [Here the speaker interposed, and said the question was on the postponement.] Mr. McKennan said he would not transgress the rules. That he would heartily go for the amendment offered by his colleague, Mr. Morris,) which looked to legislation, and which proposed to do something to put an end to the practice, which is fraught with such lamentable consequences, and in the condemnation of which, in principle, all seem willing to unite. That the resolution of the gentleman from Maine proposed no legislation, no suppression, by law, of the evil, but an examination merely into the facts of the late dreadful catastrophe; they were already before the public, and it could lead to no useful result to hasten the investigation. If, after paying the usual honors to the memory of the deceased, it was intended to cast an imputation upon the charcter or conduct of the survivor, the passions ought o have time to cool; the excitement, which all feel, hould be allayed; and we should approach the subect with that coolness and deliberation which are o'necessary to enable the house to come to a just nd impartial conclusion. Justice to the characters f all concerned demanded that the investigation hould be full and fair, without prejudice and with it passion. He, therefore, hoped that the motion the gentleman from Tennessee, to postpone for few days, would prevail. Mr. Reed rejoiced that, upon a late occasion, he had had an opportunity to express his opinion upon the subject-matter involved in this question. He rejoiced, moreover, that it had been brought before the house for its action thereon. Yet he could not agree that that was the proper time to set on foot the proposed investigation. It is admitted, he argued, on all hands, that a very strong feeling does exist upon the subject; and to such an extent that, even before the funeral of the deceased, there had been some doubts expressed as to the granting funeral honors in this instance; and, considering what had taken place in relation to the matter, he deeply regretted that the gentleman from Maine (Mr. Fairfield) should have introduced such a proposition as he had done. As to the question of postponement, the gentleman from Pennsylvania, (Mr. Potter,) who had spoken against it, had said whether, when one of the members of this house, Was that human nature? He believed not. On the every member in that light. The simple matter is, that further delay produced further excitement. 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. presentation of the countryThe yeas and nays having been demanded on Here the chair suggested that the gentleman's re- the question of postponement, that question was marks were quite irrelevant to the question immedi- decided in the affirmative by the following vote: ately before the house. YEAS-Messrs. Alexander, J. W. Allen, AyMr. Loomis would connect them with the ques-crigg, Beirne, Bell, Biddle, Bond, Bouldin, Caltion. The house should act, under such circum- hoon, W. B. Campbell, John Campbell, W. B. stances, he thought, at once. It was demanded by Carter, Chambers, Chapman, Cheatham, Childs, the character of the house that this inquiry be Corwin, Cranston, Curtis, Dawson, Dromgoole, made without delay. It was one which could iu- Dunn, Everett, Ewing, J. Garland, R. Garland, J. volve no question of individual character, and which Graham, Wm. Graham, Grennell, Griffin, Harlan, could result in the passage of no judgment by the Harper, Hawes, Herod, Hofinan, Howard, R. M. house upon the character of any of the parties con- T. Hunter, Jenefer, H. Johnson, W. C. Johnson, cerned. Upon that point, it called for no expres- Kemble, Lawler, Lyon, Mallory, Marvin, J. M. sion of opinion. He was opposed to the proposed Mason, S. Mason, Maury, May, McKennan Menepostponement. fee, Milligan, Mitchell, C. Morriss, Naylor, Patton, 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. Wil liams, Sherrod Williams. J. L. Williams, Yell, Yorke-84. Mr. Grennell had listened to the debate thus far without having been able to here any good reasons for hasty action in relation to the matter before the house, or any against the delay which had been proposed by the gentleman from Tennessee, (Mr. Bell.) Whether to inquire into the question of a breach of privilege, or into the expediency of leg. islation against the horrible custom of duelling, there certainly was no need of hasty action in relation to this resolution. Could the proposed inquiry be conducted with deliberation and impartiality, while every heart was swelling with emotion at what had just transpired? So soon after the performance of the funeral obsequies, the member from Maine, (Mr. Fairfield,) with the best motives-motives honorable to him alike as a man and as a member of that body-had off red a resolution proposing an investigation of the circumstances which had led to the lamentable occurrence, Should not time be given, before this shall be done, for feeling to be assuaged-not party feeling, (of which he could not believe there was any operating in relation to the subject in that bedy,) but honorable, sympa. thetic feeling, before this step be taken? It was not the force, but the misdirection of this laudable feeling, that was to be avoided; and there was nothing (as it seemed to him) in the case, to impel the house to act on the spur of the moment: nor had any reasons been given why such hasty action should be had. He was glad that the house had decided against compelling an immediate vote upon the question. Time was necessary, to enable the house to adopt a course which should operate against the custom of duelling, which had produced results so disastrous. In order to effect this object, Mr. Grennell would vote for the motion to postpone. Mr. Bronson, when he had first heard the motion made, was favorably disposed towards it. He felt the full force of the suggestion that feeling, sympathy, and personal attachment, ought not to be allowed to mingle in the deliberations of the house upon this subject. But, upon reflection, he had come to view the question as being merely whether the house would proceed to investigate this subject, and, in order to do this, in order to take the incep 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, Cushmau, Davee, Davies, Deberry, DeGraff, Edwards, Elmore, Farrington, Fairfield, R. Fletcher, Isaac Fletcher, Filimore, Fry, Goode, Grantland, Grant, Gray, Haley, Hall, Hammond, Harrison, Hastings, Hawkins, Haynes, Henry, Holsey, Hubley, W. H. Hunter,, Ingham, Jabez Jackson, J. Johnson, N. Jones, J. W. Jones, Kilgore, Klingensmith, Legare, 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, Petrikin, Phillips, Pickens, Plumer, Potts, Potter, Pratt, Prentiss, Rencher, Rhett, Richardson, Rives, Russell, Sheffer, Sheplor, Slade, Snyder, Spencer, Stuart, Taylor, Thomas, Tillinghast, Titus, Toucey, Turney, Vanderveer, Wagener, Webster, Weeks, T. T. Whittlesey, J. W. Williams, Worthington-117. The resolution was then debated at some length by Messrs. Garland, of Lou. Bouldin, Evans, and Fairfield, when Mr. Colhoun, of Massachusetts, moved to reconsider the vote upon postponement. 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: was lost, by the following vote: Yeas 74, nay's 125. Mr. Clowney's motion was next in order, and the previous question was seconded, (by tellers)Ayes 109, noes not counted. And the question on. reconsideration being taken by yeas and nays, was lost by the following vote: Yeas 75, nays 106.. |