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Mr. Clowney then moved the previous question on the resolutions, which was seconded, ayes 105, noes not counted: and on the question whether the main question should be put, the yeas and nays were ordered, and the vote was as follows: Yeas 107, nays 86.

The question was then put on agreeing to the resolutions moved by Mr. Fairfield, as modified by him, and decided as follows:

YEAS-Messrs. Adams, Alexander, H. Allen, J. W. Allen, Anderson, Andrews, Atherton, Beatty, Beirne, Bicknell, Biddle, Birdsall, Bond, Boon, Borden, Bouldin, Briggs, Brodhead, Bronson, Bruyn, Bynum, Wm. B. Calhoun, Cambreleng, J. Campbell, Casey, Chaney, Clark, Cleveland, Clow. ney, Coles, Corwin, Craig, Crary, Cushman, Davee, Davies, Deberry, DeGraff, Duncan, Edwards, Evans, Everett, Farrington, Fairfield, R. Fletcher, I. Fletcher, Fillmore, Fry, Gallup, James Garland, Glascock, Goode, Grantland, Grant, Gray, Grennell, Griffin, Haley, Hall, Hammond, Harrison, Harper, Hastings, Hawkins, Haynes, Henry, Holsey, Hopkins, Howard, Hubley, Ingham, J. Jackson, Joseph Johnson, N. Jones, J. W. Jones, Kemble, Kilgore, Klingensmith, Lewis, Lincoln, Logan, Loomis, Lyon, Marvin, Martin, Maxwell, McKay, R. McClellan, A. McClellan, McKim, McKennan, Mercer, Miller, Montgomery, Moore,

THURSDAY'S PROCEEDINGS.

Mr. Thompson offered the following amendment, The senate, after some unimportant business, re- which prevailed: "And that no reporter or stesumed the consideration of the sub-treasury bill, nographer be admitted, under the rules of the house, when unless such reporter or stenographer shall state, in Mr. Davis concluded his remarks on this sub-writing, for what paper or papers he is employed ject-examining further into the design, cha- to report," &c. And as thus amended, the resoluracter, tendency, and effects of this measure, and tions were agreed to. closing with an examination of the bill itself. Mr. Strange having signified his desire to speak to-morrow,

The senate adjourned, after an executive session. In the house of representatives. The followwing named gentlemen were announced as being appointed to compose the select committee on Mr. Fairfield's motion for an inquiry, &c. concerning the death of Mr. Cilley, viz. Mr. Toucey, Mr. Potter, Mr. Briggs, Mr. Elmore, Mr. Bruyn, Mr. Harrison, Mr. Rariden. Mr. Briggs and Mr. Harrison were excused, on their request, on ground of being already on other onerous committees; and two other members were ordered to be appointed in their place.

After several petitions had been presented, on motion of Mr. Kemble, it was

Resolved, That the secretary of war be directed to report to this house the state of the defences on the Adlantic seaboard and Gulf of Mexico, and on the northern and eastern frontiers.

Mr. Bouldin, from the committee for the District

Mr. Patton thought the existing rules of the house in regard to this matter were abundantly sufficient, if properly enforced. The second reso lution passed, and the speaker stated that he would with great pleasure carry the order of the house into execution.

Mr. Howard, on leave, reported a bill from the committee on foreign affairs for the preservation of the neutral relations of the United States, which was read a first and second time.

A discussion arose as to the time to which the consideration of this bill should be postponed. Mr. Howard moved to make it the special order of the day for to-morrow, during the morning hour. Mr. Johnson, of Maryland, moved to postpose it until to-morrow at 1 o'clock, and then to make it the special order until 2 o'clock on each succeeding day.

Mr. Bronson was in favor of the earliest hour. Mr. Cambreleng hoped the motion of the chairman of the committee on foreign affairs would be printed.

Morgan, M. Morris, S. W. Morris, Calvary Mor- of Columbia, made a report upon so much of the prevail, and that, in the mean time, the bill would

message of the president of the United States as
relates to the District of Columbia, concluding with
the following resolutions:

report no bill to the house in relation to the District,
Resolved, That this committee will, at this session,
except those of immediate and pressing necessity; and
that they will report all such to the house as speedily as
possible.

ris, Naylor, Noble, Noyes, Ogle, Owens, Palmer,
Parker, Patterson, Paynter, Peck, Petrikin, Phil-
lips, Pickens, Plumer, Potts, Potter, Pratt, Pren-
tiss, Rariden, Randolph, Reed, Rencher, Rhett,
Richardson, Rives, Russell, Sheffer, A. H. Shep
perd, C. Shepard, Sheplor, Sibley, Slade, Smith,
Spencer, Stuart, Stratton, Taylor, Thomas, Tilling-
hast, Titus, Toucey, Turney, Vanderveer, Wage-
ner, Webster, Weeks, Elisha Whittlesey, T. T. Resolved, That the statute laws in force in the Dis-
Whittlesey, L. Williams, J. W. Williams, Worth-trict of Columbia ought to be compiled and embodied
ington, Yell, Yorke-152.
in a code, and that some competent person should be
NAYS-Messrs. Ayerigg, Bell, J. Calhoon, employed by congress to do it immediately, with notes
of such alterations as he may deem necessary.
B. Campbell, W. B. Carter, Chambers, Chapman, Resolved, That a delegate ought to be immediately
Cheatham, Connor, Cranston, Curtis, Dawson,
Dromgoole, Dunn, Ewing, R. Garland, J. Graham,
Willian Graham, Harlan, Hawes, Hoffman, R.
M. T. Hunter, Henry Johnson, W. C. Johnson,
Legare, Mallory, James M. Mason, Maury, May,
Milligan, Mitchell, Patton, Pearce, Pope, Ridg
way, Robertson, Sawyer, Shields, Snyder, South-
gate, Stanley, Stone, Taliaferro, Thompson, Under-
wood, A. S. White, J. White, Sherrod Williams,

J. L. Williams-50.

So it was 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 further to inquire whether, in the case alluded to, there has not been a breach of the privileges of this house,

and to report thereon to this house.

Resolved, That said committee have power to send for persons and papers, and have leave to sit during the sessions of the house.

The speaker laid before the house several communications from the executive department, among which was a translation of the Gorostiza pamphlet, called for on Mr. Adam's motion, and a list of banks and public officers having public money in

their hands.

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Mr. Evans, by leave, introduced a resolution for informing the governor of Maine of the decease of Mr. Cilley; which was agreed to.

Mr. Jennifer asked leave to introduce the following resolution, farther instructing the committee just ordered:

"Resolved, That the committee ordered this day be instructed to inquire into the expediency of providing that if any member of this house, in debate. should so far forget the character due to himself and the house as to use language which shall be considered so personal to any other member as to call for the censure of a majority of the body, the speaker first calling him to order, such offending member shall immediately be called on by the speaker to make an apology to the house and to the member so affended, and, upon refusal to make a sufficient apology, such offending member shall be

expelled his seat in the house."

Before leave was granted as requested,
On motion of Mr. Patton,

The house adjourned.

provisions of the bill recently before the house upon
[Protests from citizens of Vermont against the
lie on the table and to be printed.]
this subject were, on leave, introduced, severally,
by Messrs. Fletcher and Slade, and were ordered to

The motion of Mr. Johnson, of Maryland, prevailed.

Mr. Thomas, on leave introduced the bill from the senate, providing against the abatement of suits against the United States Bank on the 4th of March, 1838.

The bill being read twice, and the question being

allowed the District, elected by the people of the Dis-"Mr. Toms in ved therd reading
trict, and admitted on the floor of the house of repre-
sentatives.

Mr. Bouldin moved to lay the report and resolu-
tions on the table, and that they be printed.

This motion gave rise to a brief discussion between Messrs. Adams, Bouldin, Jenifer, and Grennell. Finally, a motion to recommit, made by Mr. Jenifer, prevailed.

Mr. Reacher, by leave, introduced the following

resolutions:

execute strictly the thirteenth and fourteenth rules
Resolved, That the doorkeeper be required to
of the house relative to the privilege of the hall.

Resolved, That no person shall be allowed the
privilege of the hall under the characters of ste-
nographer, without a written permission from the
speaker, specifying the part of the hall assigned to

him.

[The following are the rules referred to:

.

Thomas moved the previous question.
Mr. Adams said that this cuts off all the amend-

ments, and all debate on the bill itself. He did
hope that the house would be permitted to consi.
der the constitutional question involved in this bill-
whether congress could make a bank of the United

States.

The motion for the previous question, having been seconded, prevailed, and the bill was ordered to a third reading, as foilows:

An act to prevent the abatement of suits and actions now pending, to which the late Bank of the United States may be a party,

Be it enacted, &c. That no suit, action, judgment, or decree, now pending and unsatisfied, in which the late Bank of the United States is a party, plaintiff, or defendant, shall abate or be discon

tinued or dismissed by reason of the expiration of the two years after the expiration of the charter, 13. No person, except members of the senate, limited by the 21st section of the act of incorporatheir secretary, heads of departments, treasurer, tion of the said bank, for the use of the corporate comptrollers, register, auditors, postmaster general, name, style and capacity of said bank, for the pur. president's secretary, chaplains to congress, judges pose of suits for the final settlement and liquidation of the United States, foreign ministers and their of the affairs and accounts of the corporation; but secretaries, officers who, by name have received, all such suits, actions, judgments, and decrees shall or shall hereafter receive, the thanks of congress be allowed to proceed to final judgment, execution, for their gallantry and good conduct displayed in satisfaction, and settlement, as if the said two years the service of their country, the commissioners of had not expired. the navy board, governor, for the time being, of The bill was then read a third a third time, pasany state or territory of the union, who may attend sed, and returned to the senate. at the seat of the general government during the session of congress, and who may choose to avail himself of such privilege, such gentlemen as have been heads of departments, or members of either branch of the legislature, and, at the discretion of the speaker persons, who belong to such legislatures of foreign governments as are in amity with the United States, shall be admitted within the hall of the house of representatives."

14. Stenographers, wishing to take down the debates, may be admitted by the speaker, who where, to effect their object, as shall not interfere shall assign such places to them on the floor or elsewith the convenience of the house."]

On motion of Mr. Cambreleng, the further con. sideration of the message of the president of the United States in relation to the northeastern boun. dary affairs was postponed till this day week.

The consideration of the bill making appropria. tion for the payment of pensions was resumed, on motion of Mr. Cambreleng, who addressing the house in reply to his colleague, (Mr. Curtis,) whose remarks had concluded the debate upon this bill when last under consideration.

Mr. Curtis followed at some length, and was sucand Phillips, when the house adjourned without ceeded by Messrs. Atherton, Sibley. Bell. McKim, taking any question, at half past 4 o'clock.

Mr. Elmore would ask if the duty proposed to be assigned to the speaker was not already assigned Clock work. Mr. Rodgers, No. 410 Broadway, by the existing orders of the house? The speaker New York, has invented an ingenious clock work would say, in reply, that he should feel much re- apparatus, to strike the city hall bell on an alarm of lieved if the house would take some new order fire. It is very simple and durable, and any one the incumbency of his predecessor, which he had tinne an hour striking. It is also valuable for the upon this subject. A practice had existed, under can set it so as to strike for any district, and confelt the inconvenience of, in the too extended con- preservation of the bells, as the hammer strikes on suction of the rules of the house in this respect. one spot, and equally so for all church bells, for Mr. Rencher said that such had been his intention instead of tugging at the rope the sexton has only in introducing the resolutions. Mr. Hopkins asked to set the clock at work, and the bell will ring of for a division of the question. And the question toll the necessary time without labour. It is altobeing taken on the first resolution, was decided gether a simple improvement, which should be affirmatively. The question recurring on the second, adopted for the city hall and churches. [Ev. Star.

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PRINTED AND PUBLISHED, EVERY SATURDAY, BY WILLIAM OGDEN NILES, EDITOR AND PROPRIETOR, AT $5 PER ANNUM, PAYABLE IN ADVANCE.

The present number contains Mr. Grundy's letter to the legislature of Tennessee, and Mr. Tallmadge's speech in reply to Mr. Hubbard.

BRAZIL. Dionizio de Azevedo Pecanah has been officially recognised by the president of the United States as consul general of Brazil for the United States of America.

PENNSYLVANIA. A convention of the friends of the general administration met at Harrisburg on Monday last and nominated general David R. Porter, of Huntingdon county, as their candidate for governor. The anti-masonic convention assembled at the same place on the same day, and nominated Joseph Ritner as their candidate for the same office.

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FROM THE CANADA FRONTIER. The following from the Albany Argus of the 5th inst. confirms the account published in a subsequent page of the disbanding of the invading forces:

and as a rejoicing that lord Gosford no longer in- | capital, and that the Emperor Nicholas had been
sulted Britons as the representative of their sover- exposed to great personal danger.
eign, was as general as the most sanguine good
subject could have possibly desired.

THE BAMBERS. We learn from the New York "Evening Post" that governor Marcy has suspended the order for delivering up the Bambers to the British authorities, and that without question they will be discharged. Mr. Morrell, their counsel, proceeded to Albany, and laid before the governor some important testimony, in contradiction to that on which the order for arresting and delivering them up was issued. The discharge of the prisoners will take place not on account of any change of opinion as to the effect of the evidence originally presented, but on account of its being invalidated by facts subsequently proved.

FOREIGN NEWS.

APPOINTMENTS BY THe president, By and with the advice and consent of the senate. Peter Dixey, collector of the customs, Marble

head, Mass. from Feb. 19, 1838.

from March 29, 1838.
Jesse Hoyt, collector of the customs, New York,

Stone, Virginia, from Februrry 6, 1838.
George Holt, collector of the customs, Cherry

River, Mi. from January 31, 1838.
Samuel Learned, collector of the customs, Pearl

Mich. from 23d March, 1838.
John McDonnell, collector of the customs,Detroit,

Danforth N. Barney, collector of the customs, Sacketts Harbor, from March 3, 1838, in place of Thomas Loomis, whose commission has expired. London papers to the 15th and John Clark, register of the land office, Ionia, MiLiverpool to the 16th of January have been receiv-chigan, vice Joseph W. Brown removed, from 6th ed at New York. They are filled with specula- March, 1838. tions upon the late movements in Canada, which have also been warmly discussed in parliament.

The London Courier of the 15th of January says: "As soon as parliament meets to-morrow the ministers will lay before it the additional documents "Official despatches from gen. Wool and col. which they possess concerning the revolt in CanaWorth, from the former of the 2d inst., and the da, and will be prepared to state their views on this latter of the 1st, show that both on the northern important subject. We may expect a warm debate and western frontiers, the disturbing forces have if the tories and radicals are not so excessively disbeen dispersed, and that tranquillity has been re-appointed at the speedy termination of the revolt stored in every direction. as to be unable to make a show of fight." The newspapers contain various accounts of arrangements for increasing the British forces, and for taking out troops to America. The bounty for the ordnance service has been raised to five guineas, and the standard of height reduced from five feet five inches for the royal artillery instead of five feet eight. This corps wants 490 men to complete it. The Royal Sovereign transport,commanded by lieut. Werter, was to take out immediately two companies of royal engineers to Canada. The Apollo, at Portsmouth, a large 46 gun frigate, is to be prepared for a troop ship and to sail for Canada about the end of March. The Hercules 74 will take out 500 men. The Inconstant has embarked a portion of the 93d Highlanders, and the Pique will take the remainder. The second companies of the 11th will be landed at Bermuda until they are wanted in America.

General Wool writes that the entire force under Drs. Nelson and Cote, about 600 strong, surrendered to him at 2 o'clock, P. M. on the 1st inst. near the Canada line, about one mile north of the village of Alburgh springs, Vermont, with all their cannon, small arms and ammunition. Previous to this, general Wool had taken one piece of artillery and nine loads of ammunition prepared for artillery and muskets. Drs. Nelson and Cote were in the custody of general Wool, by whom they would be surrendered to the civil authorities. The British troops were within six or eight miles of the invading camp at the time of the surrender.

The whole frontier, from St. Albans to Watertown, is entirely tranquillized-probably not to be again disturbed.

Gen. Wool left St. Albans for Plattsburgh and Champlain yesterday morning.

Col. Worth writes that he is just informed by A large number of officers have arrived at New express from major general Brady, at the mouth of York and proceeded to Canada. The collector of the Detroit river, dated the 26th inst., that on the that port directed all the baggage of the British ofmorning of the 24th, the individuals under the com- ficers, who arrived in the packet ship Cambridge, mand of McLeod, made good their foothold on an to be passed without examination. The officers uninhabited island on the British side, and appear and the British consul called on the collector to ed to threaten an attack upon Malden. When the express their gratification at so unexpected a citroops at Malden moved towards the island, the in-vility, which relieved them from being subjected vaders fled without making any resistance. On to an ordeal which, though trivial in its nature, is reaching the American shore, they were disarmed justly deemed the most vexatious of annoyances by the forces under general Brady and the civil au- that the stranger can possibly encounter. thorities, and dispersed. McLeod, at the last date, Sir George Arthur, the new governor of Upper was pursued by the marshals, and it was believed Canada, with his suite and several inilitary gentlewould be arrested. The re-action against these men, took passage in the New York packet Samproceedings is general, and it is not a little ac-son, on Friday the 5th of January, for America. celerated by the want of courage exhibited on this and other occasions."

The Rochester Democrat contradicts, as a libel, the statement of the N. Y. Gazette, Courier and Enquirer, and Commercial Advertiser, that lady Head, whilst on her recent route to New York, was insulted in Rochester. It has the authority of gen. Whiting, a royalist, from Canada, that he had a few days since heard gov. Head read a letter from his lady, dated at Utica or Albany, in which she states that, so far from being insulted, she had not met with a single mark of disrespect, but, on the contrary, had been uniformly treated with the utmost kindness and attention.

A meeting of the friends of reform had been held at the borough of Beverley, at which Messrs. Rennie and Clay had spoken in favor of temperate and conciliatory measures towards the Canadians, and a petition to that effect is expected from the people of that place.

The winter palace of the Emperor Nicholas was destroyed by fire on the 29th of December, the London Royal Exchange on the 10th of January, and the Italian Opera house at Paris on the 15th of the same month. In all these cases the endeavors to extinguish the conflagration were obstructed by the intense frost which prevailed, and rendered it difficult at first to convey the water to the flames. The weather, during the season in which these fires occurred, appears to have presented a strong contrast to the mildness of the season here.

The chamber of deputies, on the 15th, agreed on an answer to the king's speech, which is but the repetition of the speech itself.

Lord Gosford, late governor general of the Canadas, has arrived at Boston with his suite. He came by way of Maine. He was to embark for England, on board the Pique frigate. His departure has given great joy to the friends of the queen in Montreal. The "Herald" states, that that city presented a magnificent spectacle on A Berlin letter of January 7th, states that three Tuesday evening, (Feb. 27th.) The illumination couriers from St. Petersburg had arrived within a in honor of the installation of sir John Colborne as few days of each other. It was reported that seriadministrator of the government of this province, lous disturbances had broke out in the Russian VOL. LIV-SIG. 2.

Joseph S. Lake, register of the land office, Wooster, Ohio, from March 25th, 1838.

James C. Sloo, register of the land office, Shawneetown, Illinois, from March 25th, 1838. William A. Richmond, receiver, Ionia, Michigan, vice Allen Hutchins, removed, from 6th March, 1838.

Samuel Milroy, receiver, Crawfordsville, Indiana, vice James T. Pollock, removed, from 6th March, 1838.

John Coates, receiver, Chilicothe, Ohio, from 25th March, 1838.

John Taylor, receiver, Springfield, Illinois, from 25th March, 1838.

Charles Humphrys, receiver, Marietta, Ohio, from the 28th March, 1838, when the commission of David C. Skinner will expire.

Solomon Clark, receivers of public moneys at Pontotoc, Mi. from 5th March, 1838.

Benjamin R. Gantt, receiver of public moneys, Opelousas, Louisiana, from January 24, 1838. Henry Smith, receiver of public moneys, Vandalia, Illinois, from January 31, 1838.

R. G. Greene, surveyor, Portland Me. from Feb. 15, 1838.

George W. Riter, surveyor, Philadelphia, from March 23, 1838.

Marcus C. Ryan, surveyor, Windsor, N. C. from Jan. 31, 1838.

John G. Mawney, surveyor and inspector of the revenue, East Greenwich, R. I. from 29th January, 1838.

Edward Palfray, surveyor for the district of Salem and Beverley, and inspector of the revenue for the port of Salein, Massachusetts from 29th January, 1838.

John Horn, naval officer, Philadelphia, from March 23, 1838.

Daniel Sherwood, naval officer, Wilmington, N. C., from Feb. 22, 1838.

Henry Simpson, appraiser, Philadelphia, from Feb. 23, 1838.

Thomas H. Hopkins, register of land office, Mi. from Feb. 23, 1838.

David V. Culley, register of land office, Indianapolis, Indiana, from March 31, 1838.

David Robb, register of land office, Zanesville, Ohio, from March 31, 1838.

Olmstead Hough, register of the land office at Detroit, Mich. from 5th March, 1838.

Peter W. Gautier, jr. to be marshal for the western district of Florida, in the place of J. W. Exum, deceased.

Charles D. Hammond of Georgia, to be marshal of the United States for the district of Georgia, in the place of Peter Solomon, resigned.

James N. Barker, to be first comptroller of the treasury, from the first of March next, in the place of George Wolf, resigned.

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THE LATE DUEL AT WASHINGTON.
From the New York American.

FROM THE EDITOR.

stood, requested general Mercer to go to the civil The prominent position of the Courier and Enauthorities, make a formal complaint in his (col. quirer, and the wide dissemination of the infamous W's.) name, and cause officers to be despatched in slander that I had been bribed by the Bank of the Washington, 26th February, 1338.every direction to discover and apprehend the parties. United States-a slander which had its origin in I send the following statement for publication, in We learnt at the capitol, that the parties had only the malevolence of Churchill C. Cambreleng-has justice to col. J. W. Webb. It is accurate, as I been absent about twenty minutes, and that the unfortunately consigned Mr. Cilley to the tomb, know, in its essential particulars, in that which re-meeting was to take place at the old magazine. We and attached to me the imputation of seeking notolates to the impression under which col. W. rested instantly followed in pursuit; but on arriving at the riety, by aiming to establish the reputation of a on the evening of Friday, 23d, and up to 10 o'clock place designated, understood that the parties had duellist. Those who know me, are well aware A. M. of Saturday, that no meeting could take place not been there. We were then induced to believe that neither vindictiveness nor malice constitute on that day between Mr. Graves and Mr. Cilley. that the shore of the Potomac, near the arsenal at any portion of my character; and that where I have Col. W. had evinced the most resolute purpose to Greenleaf's point, was the place of meeting, and sought redress, I have been actuated by a deep prevent, at any rate, and at any hazard, the substi- we followed in pursuit. But here again, we were sense of what was due to myself and fainily, and tution of Mr. Graves for himself, in the combat, and foiled; and I have since understood that the place not by the desire of shedding human blood. Nearly nothing but the unusual haste with which this inat- of meeting was changed to avoid interruption by six years have now elapsed since Mr. Cambreter seeins to have been passed to an issue, could, it col. W. It now being after three o'clock, P. M. leng's false charge was first made against me. is believed, have defeated the success of his inter-we returned to Gadsby's hotel, and there awaited is known to be false by every man of ordinary inposition, and that of other friends, as well as of the the result. telligence in the country, and yet it is annually law, to prevent the duel. repeated on the floor of congress! Now I appeal to any man of proper feeling, who is himself the father of a family, whether he could calmly submit to the reflection that this foul calumny must descend to his children as perhaps the only legacy of one whom, while living, they loved and honored? I think not; and without any disrespect to the feelings of the public, I may be permitted to say, that I have long since determined to put an end to this slander at all hazards.

It is not deemed necessary to give the signatures to this paper, as it might not be agreeable to the parties to see their names in print, on such an occasion. Any gentleman, however, desiring it may see the original statement at this office.

GADSBY'S HOTEL, Washington, Feb. 25, 1838. Early in the morning of yesterday, col. Webb, of New York, called at my lodgings while I was yet in bed, and stated that on the evening preceding, Mr. Cilley, of Maine, had accepted a challenge from Mr. Graves of Kentucky, and that they were to fight at eighty paces with rifles. Col. Webb said that the proposed meeting grew out of a correspondence between Mr. Graves and Mr. Cilley, founded upon a letter from col. Webb to Mr. Cilley, asking for an explanation of certain language used on the floor of the house of representatives, and of which letter Mr. Graves was the bearer. He said that it was utterly impossible that any meeting could be permitted to take place between Messrs. Graves and Cilley until Mr. Cilley had first met him; that he was determined to force such meeting upon Mr. Cilley, be the consequences what they might, and that in pursuance of that determination, he had secured the services of

the even

ing previous, shortly after the acceptance of Mr.
Graves' challenge by Mr. Cilley, and now called to
ask my co-operation in the following proceeding,
viz: That col. Webb, accompanied by Mr.
and myself, properly armed, should repair to Mr.
Cilley's room, when Mr. Webb should offer Mr.
Cilley the choice of his duelling pistols, with the
following alternatives: either then and there to set-
tle the question, or pledge his word of honor that he
would give col. Webb a meeting before Mr. Graves,
at such place and time, and with such weapons, as
Mr. Cilley might appoint; and in the event of do-
ing neither, then to expect the most serious conse-
quences on the spot." Mr. Webb then added,
should he refuse to fight me at the time, or give
the pledge required, I shall have no alternative left
but to shatter his right arm, and thereby prevent
his meeting my friend."

It is unnecessary to add what would have been the course of col. Webb, if Mr. Graves, instead of Mr. Cilley, had been injured. Suffice it to say, that his determination was sanctioned by us; and however much we deplored it, we could not doubt but the extraordinary position in which he would then have been placed, would have warranted the course determined upon.

(Signed)

The foregoing statement of Major
is cor-
rect in all that relates to myself, and to our joint
proceedings-or in other words, in all its parts of
which I could have any knowledge, not having
been present at the time Major -'s services
were sought for and secured.
(Signed)

It

In pursuance of this unaltered and unalterable determination, I have endeavored to hold members of congress responsible for the repetition of what they well knew to be a slander; and when I have been met by the plea that an editor of a paper is not a gentleman, I have had the additional mortification of knowing that a portion of the press, wantThe editors of the New York Journal of Coming in duty to itself, unfeelingly endeavors to premerce state that the names affixed to the above were judice the public mind, both as to the object I have Daniel Jackson, of New York, and Maj. W. H. in view and the character of the plea by which Morrell. that object is sought to be avoided.

--

The "Spy in Washington" has published the fol-
lowing as the letter from col. Webb to Mr. Cilley;
which the latter declined receiving when presented
by Mr. Graves, and we give it a place as a portion
of the history of the duel.

GADSBY'S HOTEL,
Washington, Feb. 21st, 1838.
To the Hon. Jonathan Cilley:

Sir-In the Washington Globe of the 12th inst.,
you are reported to have said in the course of the
debate which took place in the house of representa-
tives on that day growing out of a publication made
in the New York Courier and Enquirer,-"He
(you) knew nothing of this editor, but if it was
the same editor, who once made grave charges
against an institution of this country, and after
wards was sail to have received facilities to the
amount of some $52.000 from the same institution,
and gave it his hearty support, he did not think his
charges were entitled to much credit in an Ameri-
can congress."

I deem it my duty to apprise you, sir, that I am
the editor of the paper in which the letter from the
"Spy in Washington" charging a member of con-
gress with corruption, was first published; and the
object of this communication is to enquire of you,
whether I am the editor to whom you alluded, and
if so, to ask the explanation which the character of
your remarks renders necessary.

Very respectfully, your ob't serv't.
J. WATSON WEBB.

Every man is of right, the sole judge of what is due to his own honor; and while no one can entertain greater respect for public opinion than I do, I must be permitted to say, I can never be so far controlled by it as to suffer any respectable person to circulate the slander alluded to, without chastisement of some sort. Of course I can never again ask a friend to be the bearer of a message to any member of congress. The cowardly plea which members of that body have adopted to screen themselves from punishment, will thus far prove effectual; but they must not imagine that they are therefore beyond my reach. Time may demonstrate that such a conclusion would be erroneous; and if there are those connected with the press who are prepared to censure my conduct because they are willing to submit to the decision that their profession is not consistent with the character or the feelings of a gentleman, I can only enter my protest against their acquiescence in such deep disgrace being considered binding upon me.

One word in relation to the recent duel, and I have done. Mr. Cilley, in his last interview with Mr. Graves, said all, and even more than was required of him; and this, under the impulse of his I considered col. Webb bound in honor to take own feelings, he was ready to commit to writing. the course he suggested, and promptly declared my But he unfortunately fell into the hands of Benton willingness to accompany him. At 10 o'clock I and Duncan-men as void of character as they are was informed by col. Webb, that although he had of political honesty-and these ruffians believing been assured on the evening previous, that Mr. that the life of Mr. Graves was at stake, in couseGraves and Mr. Cilley would not meet for some quence of Mr. Cilley's wonderful accuracy in rifle days, he had reason to believe that he had been inshooting, persuaded him to withhold his assent to tentionally deceived, and that the meeting would The annexed communication from col. Webb, what Mr. Graves had already reduced to writing, take place on that day at 12 o'clock. At his re-written at Philadelphia, was published in the Cou- and thereby indirectly implicate his veracity. To quest, I immediately took measures to ascertain rier and Enquirer: Mr. Cilley's weakness in listening to such diswhether Mr. Cilley was at his lodgings, and finding Philadelphia, Feb. 28, 1838. honorable advice, and the anxiety of Messrs. Benthat he was not, col. Webb, Mr. and myself, As it is my determination never to allude edito. ton and Duncan for the life of Mr. Graves, is the all well armed, took a carriage and repaired to Bla- rially, to the recent melancholy affair at Washing- melancholy fate of Mr. Cilley solely to be attribu densburg, where it was said the meeting was to ton, except under circumstances which cannot now ted. His blood is on their heads; and sooner or take place. Before arriving at the ground, col. be foreseen, there may be a propriety in briefly re- later the public will properly appreciate their inWebb'designated the following as the order of pro-ferring to it at this time. strumentality in this melancholy tragedy. Of my ceeding to which we assented, believing it to be Some of my contemporaries have alluded to my efforts to prevent it, I need not speak-the facts the only course left him, and demanded by every apparent desire to get into difficulties of this naare fairly before the public, and in the consciousconsideration of duty towards his chivalric friend, ture, but in this they do me great injustice; and Iness that I have only done what my duty to myself Mr. Graves. On reaching the parties," said col. nay with safety appeal to those who are familiar and my family rendered imperative, I rely upon W., "I'll approach Mr. Cilley and tell him that this with the circumstances under which I have actually my conduct being duly appreciated by all whose is my quarrel, and he must fight me, and that if he gone into the field, and sought to take others there, good opinion it is my desire to retain. aims his rifle at my friend, I'll shoot him on the that I have never acted under, or exhibited a spirit spot.' We know that upon this, Messrs. Graves of revenge, or been actuated by any other feelings and Wise will interfere, and that we will be order- than those which should be the guide of every gened off the ground,-but I shall tell them that we tleman. have come prepared to lose our lives or prevent the meeting, that it cannot proceed without first disposing of us. From our knowledge of the parties, it is probable that some of them will then raise his weapon at me, when I shall instantly shoot Cilley, and we must proceed to defend ourselves in the best way we can."

66

The true secret of my repeated difficulties is to be found in the fact, that I will not subscribe to the abominable doctrine, that in becoming an editor, I ceased to be a gentleman! This insult to the press of our country, had its origin in the cowardly feelings of certain senators from Mississippi; and in consequence of their example, every political deOn arriving at the usual duelling ground, we dis-magogue, who succeeds in obtaining a seat in covered that the parties were not there, and after congress, lays it down as an axiom that editors are waiting half an hour, returned to the capitol, when not gentlemen, and may be assailed without entitling col. Webb had a conversation with, and we under- them to any claim for redress.

J. WATSON WEBB,

From the "Globe" of Wednesday night. We have been furnished with the following for publication:

Washington City, March 6, 1838. Sir: I enclose you three printed paragraphs, cut from newspapers, having relation to the inquiry with which the committee of which you are chairman has been charged by the house of representa tives. The first is taken from a letter written from Philadelphia; the second from a letter written from this city; and the third is taken from the editorial head of the New York Courier and Enquirer; and all of them attributing the death of Mr. Cilley to

my counsels and contrivances. The positiveness with which the writers of these paragraphs detail the circumstances which enable them to charge me with the death of Mr. Cilley, may present them as proper witnesses to be examined in relation to that event; and, if so, I have to request that I may be allowed to be present at their examination.

carried off the stolen property came from Westport and Lewis.

On the night previous to the above outrage, the state arsenal at Batavia was again broken open, and robbed of one hundred muskets and 1,000 lbs. of powder. From the Albany Argus.

upon every respectable person who shall dare to speak of his having been bribed to support the late United States Bank. It is probable this threat may silence some; but I trust there are yet more who will despise it as utterly as the wretch who proclaims it ought to he despised by every honorable man. For my own part, while the proof that this In the mean time, justice to the dead, who can atrocious braggart's services were bought and paid Despatches are from gen. Wool to the 25th, inno longer speak for himself, and a due regard to the for by the United States Bank exists on the endur-clusive, dated at head-quarters, Champlain. The object of these coincident movements from three ing records of the national legislature, I, for one, early indications of quiet had given place to a revicities, induce me to say that, so far as my name is shall never hesitate to speak freely my sentiments val of the Canadian war spirit; and recently perconcerned, there is not one particle of truth in the of the contemptible apostate. I am willing to ac- sons had been actively engaged in collecting and statements of these paragraphs. So far from coun- knowledge that he is, technically and etymologi- concentrating between Champlain and Plattsburg selling with Mr. Cilley, and preventing him from cally, a gentleman--that is, that this father and supplies of cannon, carriages, ball, sinall arms and admitting the true report of his conversations with grandfather were respectable men, and that some ammunition, with the avowed intention of invading Mr. Graves, it happens to be the fact that I never few gentlemen lend him their countenance in soci- Canada, the first favorable opportunity, at three saw Mr. Cilley, to know him, but once in his life, ety-but as for himself, I hold him to be one of the points, viz: at Swanton, Vermont, Plattsburg; and and that at the commencement of the session, when basest and most eraven braggarts that ever disgrac- at some point between Ogdensburg and Watertown. he did me the honor to call upon ne in company ed the human form. If every man and woman in The main attack, it was believed, was intended to with Mr. Pierce, of the senate; and that no com- this community should speak their true opinion of proceed from the Champlain frontier. These cirmunication of any kind, written or verbal, direct or him, it would be found that but few voices would cumstances had induced gen. Wool to call for indirect, personal or political, has ever taken place dissent from that which I have here expressed. I three companies of infantry militia, and some thirty between us. Instead of contriving and creating this say this, not because I have any desire to obtrude or forty mounted men. This corps had been judiduel, it so happened that my first knowledge of it myself personally before the community, but be- ciously distributed at the proper passes, with guards was received in my chair in the senate, on Friday, cause, in the face of such a defiance as that thrown near the patriots' depots, with instruction to detain from Mr. Haight, the sergeant-at-arms, who men- out in the Courier of this morning, I deen it the them the moment their removal should be attempttioned it to me as a town talk; my next knowledge duty of those who have heretofore spoken plainly ed: and the greatest vigilance was exercised to preof it was from Mr. Pierce, of the senate, and at my of this creature's character, to show that they are vent and arrest these movements, and with expectplace in the senate; so that I was in arrear of the not to be intimidated by his blaster from continued success. A material change had taken place in town talk on the subject. With respect to this ing freely to express their sentiments. wonderful rifle firing, of which I am represented to have been the superintendent, and to have expressed such high admiration, it happens to be the fact that I have not seen a rifle fired in twenty years. With respect to Mr. Graves, whose death I am charged with so anxiously contriving, it so happens that I do not know the person of that gentleman; that not a word of any kind has ever passed between us; that I do not know that he has ever spent a thought upon me, and am certain that his existence even was unthought of by me at the time I am charged with planning his death. With respect to Dr. Duncan, with whom I am charged with being in consultation nearly all the week, I have no recollection of having seen him until after mid-day on Saturday, when he and others stopped at Mr. Jones's door, which is next door to mine, on their way out, and when my counsels can be stated by others more appropriately than by myself.

Reserving any further details for a more suitable occasion, I have to request you to lay this letter, with its enclosure, before the committee of which you are chairman, for such action upon it as they may think proper to have. Respectfully, sir,

Your obedient servant,

THOMAS H. BENTON. To the Hon. Mr. ToucEY, chairman, &c. [For the paragraph quoted here by Mr. Benton, see that portion of Mr. Webb's letter above, commencing, "One word," &c.]

Extract from a letter, dated Washington, Feb. 26, 1828, published in the New York Courier and Enquirer.

New York, March 2, 1838.

WM. LEGGETT.

FRONTIER INTELLIGENCE.

Extract from a letter dated

the public mind; so much so, that it was thought general W. would be able to obtain a volunteer force sufficient to answer all present purposes.

The movement from the neighborhood of Og. densburg, we know, has proved an entire failure; the poor creatures who composed the expedition having returned, half frozen, without setting foot on the main shore of Canada. The most valiant of them, however, did cross the line, and took possession of Hickory island-a feat which we suppose might have been accomplished by one man, as easily as by three companies. By the last accounts, general Skinner, who had been deputed by general Wool for the service, with orders to ealt out a battalion from general Hazleton's brigade, had reached Watertown, and would proceed forthwith to French creek, and endeavor to secure the arms, etc. belonging to the state.

PROCLAMATION.

By William L. Marey, governor of the state of
New York.

Whereas information has been communicated

ST. LAWRENCE CO. N. Y. Feb. 26, 1838. The forces began to arrive at French creek on Tuesday afternoon and evening, and large quantities of arms and ammunition were received there. Van Rensselaer was there; and they did not imbody men on the American soil, (acting, in this respect, under the advice of counsel) but transported their arms and ammunition to Hickory island-a small British island lying between Grindstone and Long islands-and the men began to repair hither. They had about 4,000 stand of arms, 20 barrels car tridges, 500 long pikes, (a very efficient article, manufactured for the occasion) and plenty of provisions. On the island, the only shelter was a small log house and a barn. On Wednesday, the men gathered on the island to the number of 3,000. The day was cold, and the men suffered from exposure. to me that the arsenals belonging to this state, Mackenzie, it seems, was dissatisfied that Van situated at Batavia, in the county of Genesee at Rensselaer was to command, and neither he nor Watertown, in the county of Jefferson; and at Gibson attended at all. This threw a damper on Elizabethtown, in the county of Essex, have been the whole proceeding: the Jefferson men would not recently broken open and a part of the property of take arms. Van Rensselaer, it is said, offered to the state deposited in them has been stolen theremarch into Canada in the ranks, with his knapsack from, I do hereby offer a reward of $250, in addiand musket, under any command, with 100 men; tion to a like sum offered by the keeper of the state but on calling for volunteers, the first time there arsenal at Batavia, to any person who will furnish appeared 83, from St. Lawrence and Salt Point, information that shall lead to the detection and and all told: second, 71 appeared; and the third time conviction of the offenders. I do further offer the only 35 would volunteer. They then concluded to sum of $500 to any person who shall give informadisperse, and by great exertions of the leaders, tion that shall lead to the detention and conviction enough were kept together to remove the arins, &c. of the persons who broke open the arsenal at to French creek; and then they fled, "every man Elizabethtown and stole property of the state there. from; which said rewards is to be paid on the conto his tent," or rather to his own home. Thus ends the affair, and I presume no further viction of the offenders. And I do furthermore ofagitation will be kept up on this frontier. Macken-fer the sum of $250, in addition to a like sum offerzie has showed himself equally selfish, heartless, ed by the keeper of the arsenal at Watertown, vulsion of feeling here, that I verily believe, if he lead to the discovery and conviction of the persons unprincipled, and cowardly; and so great is the re- to any one who will give such information as shall should venture here again, he would be handed who broke open the arsenal at that place and stole over to the tender mercies of the Canadians, with the property of the people of this state therefrom; the said sum to be paid on conviction of the offenders. And whereas, also, several pieces of ordnance From the New York Journal of Commerce. belonging to the people of this state have been stoarsenal at Elizabethtown, Essex county, N. Y. sion thereof on behalf of this state, I do hereby The news of the plunder of the United States len and carried away from those who had possespublished in our morning edition, is confirmed. offer the sum of $100 as a reward to any person The robbery took place on the night of the 25th who will give information which shall lead to the ult. A letter from Mr. Hand, the keeper, to the apprehension and conviction of the persons guilty state authorities at Albany, says one thousand mus-of forcibly and feloniously taking and carrying Extract from the New York Courier and Enquirer. rifles, twenty pairs of pistols, a large quantity of ty of this state, from any gun-house, or from the kets with fixed bayonets were stolen, twenty-six away any piece of ordnance or cannon, the proper"He [Mr. Cilley] is said to have practised on Thursday and Friday last under the superinten- boxes. Entrance was effected at the back door, by call upon all magistrates, sheriffs, and civil officers, knapsacks, and perhaps a quantity of cartridge persons having possession thereof; and I do hereby dence of Mr. Benton, when that personage declared, either on hearing or seeing the result of his means of an iron bar. The stolen arms, says the to be vigilant and active in their efforts to bring to Albany Argus, "are supposed to have been taken justice the persons who have committed any of the practice, that at eighty yards he could kill any man in several sleighs, and were tracked north. Mes- aforesaid offences. in the world. He is said to have hit eleven times sengers had been sent in every direction, but Mr. eight times within the circumference of a dollar-H. believes that the property is secreted within a and the whole eleven times within the space which few miles, unless it has been transported into Vercould be covered by a man's hand." mont. The guns were mostly old, but recently promptly to Gen. Wool for aid in the recovery of cleaned, polished, and oiled. Mr. H. had applied the property." This officer, according to a letter in the Albany Journal, has several companies of militia at his disposal, but no regulars. Another A report has been received from colonel Worth, letter in the same paper states that the teams which at Buffalo, stating that the arms, ammunition, and

"Immediately after the conversation, Mr. Graves addressed a letter to Mr. Cilley, recapitulating the substance of the conversation, and requesting him to reduce it to writing. Herempon a consultation took place between Mr. Cilley, Mr. Duncan of the house, Mr. Benton of the senate, and several others, the result of which was a reply late in the evening wherein Mr. Cilley refused to recognise so much of Mr. Graves's report of their conversation as related to col. Webb, and said that he neither admitted out ceremony or pity. nor denied his claims to be considered a gentleman. This was virtually questioning Mr. Graves' veracity, and he insisted upon an admission in writing of what had occurred in their personal interview. But under the advisement of Mr. Benton and others, it was refused, and we all know the melancholy

termination of the affair."

From the New York Evening Post of the 2nd inst. Mr. James Watson Webb caps the climax of his most ruffian-like conduct by announcing, under his own signature, in his paper of this morning, that he is determined to inflict chastisement of some sort

Given under my hand and the privy seal of New [L. s.] York, the first day of March, one thousand eight hundred and thirty-eight. W. L. MARCY, JOHN A DIX, Secretary of state. The "Globe" of Tuesday night contains the following:

1

artillery, stolen from the state arsenal at Batavia, infraction of the constitution; nor am I required, is no evidence that your instructions are in accord. have been recovered. They were found in the by a compliance with your instructions, to inflict ance with the will of the people of Tennessee, possession of about seventy men, who were en- a direct and vital injury upon my country. You, with whom rests the paramount right or power to camped several miles higher up the lake, and by your instructions, have taken upon yourselves instruct; and, in the next place, because you inabout three miles from either shore. The men the responsibility of the vote I am required to give, struct me to vote against bill, of the contents of were ordered to disperse and return to our shore, and I am relieved from it. The people will look which you were wholly ignorant, never having where many arrests were made by the district to you as the principal, and to me inerely as the seen it. attorney; of whom five, including Burnham and agent, in performing an act expressly required by Holmes, first and second in command, were con- those in whom I recognise the power to instruct. ducted to Buffalo, and are now undergoing exami- I therefore shall obey, in good faith, your innation with the most abundant testimony, having structions as expressed in your resolution, and shall -been caught in the fact. In the course of the pre-vote against the bill, in all its stages, precisely in liminary examination, it was clearly established the same way I should do were I opposed to it mythat the final movement was to be made on the self, and not follow the example of those senators night of the 27th, before which some six or eight of the opposition who have felt at liberty to disobey hundred men were waiting in the immediate neigh-the instructions of their state legislatures. borhood to join.

From the Buffalo Com. Advertiser, March 1. Early this morning we received by express, the following intelligence, which, as it comes officially, may be depended upon as correct.

Gen. Scott arrived at Monroe, Michigan, on the 25th ult. On the 24th, a party of patriots took possession of a stnall island in the Detroit river, on the Canada side, and the next day were dislodged by the British batteries, and escaped to the American shore.

There were about 150 in number, and were immediately disarmed by brig. gen. Brady, and suffered to disperse.

A deputy marshal is in pursuit of the leader, the patriot adjutant gen. McLeod.

No other expedition has attempted to cross the frontier in that region. This is the fourth Navy island expedition.

If my political principles would allow me to do so, perhaps a case cannot be imagined where stronger circumstances could exist in justification of a course different from the one I have adopted. You were elected as members of the legislature in August last. Before that time, nothing had been said publicly among the people of the state in regard to the collection, safe-keeping, and disbursement of the public revenue. Consequently, your election furnishes no indication of public opinion on this subject, because the question was not then considered, and was not before the people.

The president's message, at the special session in September, first disclosed the views of the administration upon this subject. This document could not have been seen by many of your constituents before you left home for the seat of government, where you convened on the first Monday in October. Therefore, most of you could not have had an opportunity of ascertaining the sentiments of your constituents before you met in October. I am also constrained to believe that such was the fact, as to your means of knowing the views of your constituents on this measure, from the obvious consideration that had you really known that their opinions were against it, your respect for those opinions must have led you to immediate and prompt action on the subject. How, otherwise, can you justify your conduct in delaying to act till the 18th day of January, 1838.

Neither have I heard of any memorials or remonstrances, indicating the public sentiment, that have been sent to you, requiring you to interpose between me and my vote on this subject.

The Kingston Chronicle gives further particulars of the threatened invasion of Canada. A despatch was received at that place, stating that the patriots were concentrating their forces with an intention of making an attack upon Kingston or Gananoque, on the night of the 22d of February. The militia, under major Fitzgerald, were fully prepared to receive them, and mustered to the number of 1600 bayonets. The patriots are stated to have been about 200 strong. An account of what transpired on our own frontier at the same time is given by the Ogdensburg Republican. Mackenzie had been visiting that vicinity some weeks since, and had addressed our citizens at that place and at Canton. On his return to Plattsburg, a convention was held somewhere in St. Lawrence county or in Jefferson, and a plan of operations concerted. The passing and repassing of many strangers induced the belief that a general rising was about to take place on the frontier, and an attack made upon Kingston on the 22d. Three thousand men, with arms, ammunition, and provisions, poured into French creek like a torrent. Fearing a visit from I have noticed in the newspapers one political the United States' authorities, they removed to meeting having been held in Nashville, to instruct Hickory island, on the Canada side, 24 miles from the Davidson members on other subjects; but this Kingston. The next step was to call for volun-measure, on which you instruct ine, was not named. teers from among this chivalric host, when eighty- Further. If it were for the public interest for you six! responded to the appeal. This was a damper. to act in this matter, why did you not act more The lookers-on bore the samne portion to the actors as in other farces, and activity became the order of the day. The play was ended, and the audience retired.

HON. FELIX GRUNDY'S LETTER, On the Tennessee resolutions of instruction.

You met on the first Monday in October last, and have continued in session ever since. I cannot, therefore, but think it improbable, if not impossible, that the people have impelled you to this measure; because, but few of you, since the commencement of your session, have visited your constituents, and I have not understood that any of you before your election or since, have been in structed by them.

But, sirs, the abuse of a right does not prove that it does not exist, and it is better to adhere to sound principles, although sometimes errors may be committed in the application of those principles by men who have the management of public affairs, than to abandon any of those fundamental doctrines on which the people inust rely to carry out, in practice, the representative principle itself. I therefore waive all exceptions to your proceedings, and shall vote upon this measure, when it coines before me, according to your instructions. In doing this, I act upon a great principle, which I deem essential in a free representative government, and hope you will not suppose, for a moment, that I am influenced, in the slightest degree, by a desire to conciliate your favor, beyond the simple discharge of my duty.

Having thus explicitly stated the course I shall pursue, I should consider myself altogether inexcusable, were I to omit bringing to your notice some important considerations connected with this subject.

You instruct me to vote against a particular measure. You are obeyed. What am I next to do? You, at least some of you, as I know, have been vehement in your complaints against those who administer the government and their friends, for not doing something to relieve the embarrassments of the times.

A distinct recommendation is made by the president, and the subject is brought before congress for its decisive action. You say that the measure recommended by the president will not do; and tell me to vote against it. This instructs me negatively as to what I am not to do, but gives me no light whatever as to what I am to do, affirmatively. If you had only vouchsafed to have told what would answer the purpose and meet the exigency, you would have relieved the public as well as myself froin great anxiety, and from the negative position in which you have placed me, of being obliged to prevent, (so far as my vote may go,) any thing being done to relieve the country.

You say the patient is very sick, and will die, unless immediate relief be afforded. The president of the United States, who is admitted by all parties to possess talents of the highest order, as well as great experience, has given his opinion as to the appropriate remedy. You condemn it; declare it will kill the patient if applied; and yet you leave the patient in his suffering condition, and will not disclose the panacea that, in your opinion, would effect a cure. Now this, it seems to me, is precisely the condition in which you have placed yourselves.

I am aware that the leaders of the opposition, in other parts of the country, say that a bank of the United States would afford a remedy for existing promptly upon the president's message, which ap. evils; but this I am constrained to believe is not peared in September last; and the bill introduced your opinion, from the following evidence. A proby the finance committee at the special session? position to instruct the Tennessee senators in conFor three months and a half after you met, and gress to vote for a bank of the United States, was knew what measures were recommended by the brought forward at an early period in your session. executive branch of the government, you remain You failed to act upon it, and no such instructions ed silent, permitting your senators to exercise their were adopted. From this fact, but one inference own judgments; and not till a few days past did I can be drawn, which is, that you did not desire hear that you were earnestly engaged, in one the establishment of such an institution. Therebranch of the legislature, in passing your instruc-fore, if I were inclined to vote for a United States bank, as the remedy, (which I am not,) you have thrown an obstacle in the way by your conduct, which implies that you would disapprove of such a course; and more especially, as, according to my recollection, there stands on the journals of former sessions of the general assembly or Tennessee, legislative condemnations of a national bank in almost every form; and these you have not rescinded or revoked. It is true, I have heard it suggested that the opinions and situation of my colleague in the senate prevented your acting as you otherwise would have done on the subject of a national bank, against which he stands committed.

WASHINGTON CITY, Feb. 6, 1838. To the members of the general assembly of the state of Tennessee who voted for the following resolutions. tion: It cannot be supposed that you were waiting to "Resolved, therefore, by the general assembly of know what measures would be proposed, for you the state of Tennessee, That our senators be in-had the last message of the president early in Destructed, and our representatives in congress be cember, in which he adhered to his former recomrequested, to vote against any law which may pro mendation. pose to enforce the sub-treasury system of finance, As to the bill which might be brought forward recommended by the president of the United States by the finance committee in reference to the meain his message to congress of the 4th day of Sep-sure recommended in the message, you did not see tember, 1837." it before you adopted your resolutions, at least in one branch of the general assembly.

Gentlemen: I received, last evening, the foregoing instructions from the legislature of the state I, in part, have the honor to represent in the senate of the United States, and hasten to inform you of the course I shall feel it my duty to pursue.

I have always been an advocate for the right of instruction, and holding that right as belonging to the immediate constituency of the representative; I also hold that it is the duty of the representative to obey; that is the state legislature possesses the right to instruct the senators from their state in congress, as to any particular measure, and the people possess the right to instruct their immediate representatives.

You have instructed me to vote against a parti. cular measure. To vote against it will involve no

The bill reported by the finance committee, known as the sub-treasury bill, and which you could not have considered when you instructed me, differs in several important particulars from the bill of the special session, and, with proper modifications, I feel confident that some of you, as well as myself would pronounce it a measure of great public utility. Yet without knowing any of the provisions of the bill, or how it might be amended or changed in the senate, you have instructed me to vote against it.

You thus see, that if I were disposed to depart from, or evade, the principles I have long professed, you have furnished as fair an opportunity as I could desire; because, in the first place, there

I will give no credence to an intimation so disreputable to the majority of the legislature of my own state. It cannot be that members of the ge neral assembly of Tennessee would forego what they deemed a great public benefit, to favor any individual whatever. They would indeed be to change the good old maxim of "measures not men,” into men, not measures, which I an: sure, none of you will venture to avow, before those who have honored you with their confidence.

I think, therefore, I may fairly conclude that you are not only opposed to the particular measures you instruct me to vote against, but also opposed to a

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