mended to the people of the United States to be observed as a day," &c.

Mr. REED now again moved the previous question; but the House refused to second it--yeas 62, nays 64. Mr. BELL renewed his motion to recommit. Mr. HUBBARD demanded the yeas and nays. Mr. VINTON inquired whether, if the resolution should be recommitted, all other business on the calendar which had been referred to the same committee would not take precedence of it.

The CHAIR replied in the affirmative, unless the resolution shall be made the special order for this day. Where

upon,

Mr. VINTON moved to amend Mr. BELL's motion, so as to make the consideration of this resolution the special order of the day for this day.

The question being on the recommitment,

[H. OF R.

of this day was to be a mere gratuitous act on the part of the President. He was not to be required. He was to be requested. The members of the two Houses, in their individual capacity, were to request the President, not by force of the constitution, not by force of law, but merely as an act of courtesy, that he would appoint a day for fasting, humiliation, and prayer, on which the people of the United States might offer their supplication to the Almighty to avert from them the approach of a pestilential disease. Now, they had seen a communication from the President, in which he had stated, not to private individuals, but to the delegated representatives of a religious community, that he could not do this thing. The request had been made to him, not by an individual. It had proceeded from a large and respectable church of the Union. If the President had said to a body of that description that he could not constitutionally do the act Mr. ELLSWORTH observed that the precedent hav- which this resolution proposed to request him to do, was ing been repeatedly set by former Congresses, he thought it to be supposed that he could, in consistency with his it would be a reflection on the present Chief Magistrate, own character and declarations, on the mere request of should the House, in a matter of this kind, refuse or neg-Congress, a request sanctioned only by precedent, do the lect to call upon him to perform the act now requested. very act which he had declared to be unconstitutional? It It would appear as if the House were afraid that, if re- was for this reason, and for this alone, that Mr. C. should quested, he would not comply. Reference had been vote against the resolution. He held that both in morals, made to an opinion already expressed by the President and in courtesy, he was prohibited from asking of a on this subject, but that opinion had been expressed only gentleman to do that which he stood pledged not to do. in reply to a request from private individuals from a reli- Much less would he present such a request to the Chief gious sect; but the present request would come to him Magistrate of his country. If, however, gentlemen had a from the representatives of the whole American people. strong and sincere desire to humble themselves before It would be strange indeed if they were forbidden by the God, with a view to avert from the land the approach of constitution to present such a request to the Chief Magis- this dreaded pestilence, let them take the mode now oftrate. The measure ought not to be put into the form of fered. There was a majority in the House in favor of the a law, but it certainly was a very becoming request. measure, and they could put it any form they pleased. To Mr. MARSHALL inquired whether, if the resolution this it had been replied, that, if they did put their resolushould be recommitted, and the committee should report tion in the form suggested, it would have no binding force it amended as proposed, the House would be bound to until the President should concur. Very true. But to a adopt it, and whether, should it pass, it would not require case like that, the words of the President's letter did not the assent of the President before it could have any bind-refer, and there was nothing in that letter which bound ing force.

The CHAIR said the gentleman must judge of that for himself.

him to refuse concurrence. If gentlemen really had the object itself in view, that was the only mode in which they could accomplish their purpose. It was very true Mr. MARSH ALL then answered his own queries, and that, by passing the resolution as it stood, they might pos inferred that the amendment proposed would not at all re-sibly draw from the President a reply that would be made move the difficulty. The House were not to take as the the subject of much political animadversion. It was posguide of its action an opinion expressed by the Presi-sible, and not improbable, that they might put the President dent in reply to an individual communication. It was somewhat in a dilemma. But he could not bring himself very possible that, though the Chief Magistrate might to believe that the American Congress, in acting upon so not think himself authorized to appoint a national fast serious a subject, would have only such an object as that day, on the recommendation of private individuals, he in view. Surely their duty and their dignity would inmight consider the measure proper, when recommended duce them to withdraw themselves from such a design. to him by the joint resolution of both Houses. The only The gentleman from Massachusetts [Mr. DEARBORN] mode by which the measure could be accomplished, was had said that though the President had refused to do this by a proclamation of the President. Should the House at the suggestion of private individuals, yet he might do do it, how was it to be promulgated? Would they trust it at the request of the American people. But the resoto the will and pleasure of newspaper editors? They lution, if passed, would not be the request of the Amerimight refuse to give it publicity. He thought, on every can people. When and where had the American people account, the resolution was a proper one. delegated that power to their Chief Magistrate? The Mr. COULTER, of Pennsylvania, said that he should gentleman had referred to a similar request made during vote for the proposition of the gentleman from Tennessee. the late war. Very true. Such a request had been made, He hoped, and he was bound to believe, that all the pro-and it had been complied with. But he asked that genceedings which had taken place on this subject had been tleman how the people of New England had observed prompted by a deep and profound sense entertained by the day which had been appointed by the President in gentlemen of our dependence on the protection of the compliance with the request. The recommendation had Almighty, and of the necessity of invoking Him in the been totally inefficient. But here, in the amendment of hour of calamity. But, if that were the case, and gentle- the gentleman from Tennessee, there was a request from men were about really to humiliate themselves before that House to the people, respecting an act in which they God, Mr. C. thought that there were some other things were all to join. Mr. C. wished such a request to be made which they, as a Congress, ought first to do, in order to to them. He would not take a step of this character, show themselves to be sincere. For himself, he approved merely for the sake of political effect. He would not of national fasts in time of danger, and would willingly do mingle such feelings as these with the deep and overany act to attain such an end, that did not contravene his whelming sense of dependence on Divine Power which views of the constitution. But what had they seen? It ought to occupy the mind of every man in performing would, he presume, be conceded that the appointing such an act as was proposed.

H. OF R.]

Public Fast Day.

[JULY 5, 1832.

The CHAIR here interposed to stop Mr. VANCE; when

Mr. WICKLIFFE called for the reading of President Madison's proclamation, appointing a day of fasting, hu- he said he was done. He had said all he intended to say. miliation, and prayer, and it was thereupon read.

The CHAIR then declared that the gentleman from Massachusetts had not been out of order.

Mr. BELL said that he possessed no personal knowledge of the feelings and opinions of the President on the Mr. ADAMS said he made a point of order himself. subject now under discussion. All he knew about them, He desired to know of the Chair whether, in any debate in was derived from the letter of the President, which had that House, it was in order to refer to opinions or letters appeared in the public papers. On that subject, each gen-of the President of the United States, with a view to influtleman would judge for himself. But, if it were true that ence members. any collision or any difficulty between the different departments of Government was likely to be occasioned by this resolution, that surely ought, of itself, to be enough to prevent its adoption. Mr. B. said that he did not think this was a proper question for debate, and he should not debate it.

Mr. POLK, occupying the chair in the absence of the Speaker, said that the question was new to him. It had always been the custom in the House to refer to any published acts of the officers of Government, and he had never known it to be called in question until then. Mr. STANBERRY said that if it was the decision of the Mr. JENIFER felt no doubt that gentlemen were act- Chair that it was in order to cite the opinions of the Preing from the purest motives on both sides of this ques-sident to influence members on that floor, he should ap tion. He felt fully satisfied that the gentleman from Ten-peal from the decision.

nessee, [Mr. BELL,] and the gentleman from Pennsylva- The CHAIR explained. The gentleman from Massania, [Mr. COULTER,] did the President great injustice in chusetts [Mr. BRIGGS] had not been understood by the supposing for a moment that he would refuse to comply Chair as citing the opinions of the Chief Magistrate, but with such a request as that contained in the resolution. only as arguing to show that any published opinion of He was well assured that when the Chief Magistrate should the Chief Magistrate would not necessarily prevent him receive a request like this from both Houses of Congress, from complying with this resolution. On this explanation, he would be far from throwing any obstacle in the way of Mr. STANBERRY withdrew his appeal. its being carried into effect. Gentlemen argued from the Mr. BRIGGS then resumed, observing that the ques letter of the President, which had been read by a gentle- tion was of a delicate and serious nature, and that noman from North Carolina [Mr. CARSON] in his place. But thing that he had said in attempting to discuss it could the two cases were far from parallel. In the case to justly give rise to such a question as had been made. His which that letter alluded, the request had been addressed argument had been that it was immaterial whether the reto the President by one of the religious sects of this solution should pass in its present form, or in the shape country. But was there any thing like sect in the present proposed by the amendment: since in either case it would case? Not the shadow of it. The request came from alike require the sanction of the President of the United the people of the United States--a request prompted by States. So that, even should the gentleman from Tenthe purest motives; and it asked the President only to set nessee succeed in carrying his amendment, the object of apart a day on which the people generally might humble it must, according to his own showing, ultimately fail. themselves before God, and supplicate His divine mercy Mr. B. should vote against the amendment. He felt perto avert from them a fearful national calamity. If such a suaded that if such a request should go up from both request had been presented to the President, and he had Houses of the Legislature to the Chief Magistrate, at a declared himself unable to comply with it, it might be a time like this, he would not refuse to comply with it. It conclusive reason against making such an application was a season when the minds of all men were called up to again. But Mr. J. must protest against having the Pre-reflect on the serious state of the country under an ap sident's private opinions brought into that House for the purpose of influencing members in their public course. He hoped the amendment would not be committed, as the effect of a commitment at this period of the session would be equal to its total rejection.

proaching if not an existing desolation, which had laid waste the people of three-quarters of the globe--a plague whose calamitous ravages had within the last fifteen years destroyed the lives of fifty millions of the human race. After months of painful suspense, it was at length ascer Mr. BRIGGS said he should trouble the House with tained that this awful malady had reached the borders of but a word. He felt great respect for the motives which this continent. Under these circumstances, one branch had induced the gentleman from Tennessee [Mr. BELL] of the Legislature had passed a resolution, the terms of to make the proposition for the recommitment of the re- which requested the Chief Magistrate, merely as the or solution. He believed the gentleman's motion did arise gan of communication with the whole American people, from the feelings he had just expressed to the House; to direct them to a day on which they might unitedly and if adopting the proposition he had made would have turn their hearts and voices to that Almighty Being in the effect of avoiding the difficulty which the gentleman whose hand this terrible destroyer was. wished to avoid, and would produce the effect which the if in this there was aught to which any man could object. gentleman had in view, he would willingly co-operate. Here was no sectarianism, no narrow party views, no But how was it? It was said that the President had ex-bigotry, no mingling of politics with religion. All was pressed an opinion which must prevent him from carrying perfectly voluntary, voluntary on the part of the Chief the resolution into effect, and that therefore, if adopted, Magistrate, voluntary on the part of the people. It it would amount to nothing. arose from a sentiment, which he was confident would be

Mr. B. asked

Mr. VANCE here rose to order. A practice, he said, met with cordiality and solemn joy by the entire people had risen up in the House, which was derogatory to of this republic. This was not the request of a particu every member on that floor. He referred to the prac-lar religious denomination. It was not the suggestion of tice of discussing the opinions of the Chief Magistrate. a sect." It was a spontaneous expression of the feelings He had seen the day when, for referring in that House to of freemen who approached their Chief Magistrate, who, the opinions of the President, any member would have in view of a desolating scourge which hung on the borbeen put down. What? Was Congress to be a mere in-ders of the land, in view of a dark approaching cloud, strument in the hand of the President of the United big with all the elements of ruin and death, requested of States? (Cries of order.) Did they sit there to register him to designate a day on which the minds of this whole his edicts (Loud cries of order.) He trusted, while a people might be concentrated, as the mind of one man, drop of American blood flowed in their veins, they never and directed to that great and merciful Being who holds would submit to such a state of things. the destinies of nations in his hand, and who alone is able

E. JULY 5, 1832.]

Public Fast Day.

[H. OF R.

to protect them from its ravages. He regretted that to the destroyer. This was alike the dictate of sound there should be any member of that House who would morals and of medical science. suggest such an idea as that this request was a mere The objection which had been made to the resolution party or political manœuvre. Surely they stood upon was a most unsound one. It involved the idea that an too solemn ground. The position of the nation was too opinion given by the Chief Magistrate to any body ought re awful for the indulgence of such feelings in connexion to control the acts of that House. Mr. B. could not so with such a subject. He felt that while speaking of it he lightly believe of the Chief Magistrate of this nation, as stood upon holy ground. Every passing breeze brought to suppose whatever the President might have said in conthe intelligence and still nearer approach of this desolat-versation, or written to individuals, that when the two ing calamity. From town to town, from city to city, the Houses of the American Congress, speaking in the name dread of it came stealing on, causing even the good man of the American people, made a request so reasonable and to turn pale. The information had at length been re- so proper as that contained in the resolution, he would ceived of its having entered our great commercial empo- refuse to comply with it. Was that House to have newsrium, and commenced its work of desolation amongst the papers, and letters, and witnesses brought before it, to thousands that were there assembled. Surely, at such an tell it what were the opinions, bound as they were to behour, the heart of every member of that House must believe whatever was honorable or upright concerning the drawn out to that great Being in whose arm our help lay. Chief Magistrate of the republic, could they believe that He hoped the resolution would pass, under the direction if the President should refuse to perform this act himself, and guidance of that spirit which at such a crisis ought because it was unconstitutional, that he could admit that to animate the bosom of every man, and that it might the two Houses of the Legislature could do it? Could he result in obtaining that blessing to which the terms of the at the same time admit it to be constitutional and unconresolution so solemnly referred. stitutional? And if not, was there not the same objection Mr. BURGES addressed the House, but in a voice fre- to the amendment that there would be to the resolution? quently so subdued, that he was very imperfectly heard Could the President, while believing that the whole Goat the reporter's table. He commenced by avowing his vernment, collectively, had no power to perform this act, entire belief in the existence of the providence of God, admit that one branch of the Government had power to and his deep conviction of the efficacy of prayer and fast-perform it?

Mr. POLK, still occupying the chair in the absence of the Speaker, inquired of Mr. BURGES whether he had been referring in debate to any opinions of the President of the United States obtained through private channels.

ing, not only in rendering men better, but in averting Mr. WILLIAMS here made a point of order. It was from them the punishment threatened by the Judge of not consistent with the usages of that House to refer to the world against the impenitent and guilty soul. When any opinion of the President, unless officially communithis resolution came into the House, he had hoped that cated with a view to influence the action of the House. there would have been but one sentiment in regard to it; The gentleman from Rhode Island was discussing the conthat that body would have been pervaded by one com- sistency of certain opinions of the President, not thus offimon sentiment, disposing all to look to Him to whom their cially communicated, and he wished the opinion of the fathers had looked in times of national danger, and who Chair whether such a course was in order. would never fail those who put their confidence in him. Wretched, indeed, would the nation be, which, when called upon to humiliate themselves before the Ruler of the world, should reply, "We cannot do it. The very institutions of our power forbid us, in our national capacity, from performing any such act." The feeling from Mr. BURGES replied that he had but followed the which that resolution had proceeded, was the united feel- course pursued by other gentlemen. If he had been out ing of this people. They needed but one to give the of order, he had been misled by them, and by the appaword, and the aspirations of all would ascend to the rent acquiescence of the Chair. He had been endeavorThrone of the Almighty. It would be astonishing, in- ing to remove the impression produced by a certain letter deed, had the framers of the constitution excluded the of the President, as read by a member of that House in members of that House, or the high officers of Govern- his place, and had replied to an opinion of the President ment, from uniting with the nation in one common act of publicly given. humiliation and prayer. The instrument they had framed Mr. BELL, who appeared to understand Mr. BURGES as could not be so understood. And surely when so great a having referred to him, said that he had no reference to calamity as this desolating pestilence overhung the land, any opinion of the President which was not as well known it was a proper moment in which to request the Chief to other gentlemen as it was to himself. It was another Magistrate to call upon the nation to raise their hearts and gentleman who had introduced the letter referred to. voices to Heaven. Did gentlemen flatter themselves that Mr. B., however, insisted that there was an eminent prothis pervading pestilence would not approach us? Why priety in referring to it, inasmuch as it afforded reason to should it not? What country had it spared? It had hung apprehend that, should the resolution be insisted on, it in the Eastern hemisphere for these thirteen or fourteen would lead to a collision in opinion between two branches years past. We had heard of it at a distance. We had of Government. heard of its Western progress. We had had space for reflection and repentance.

Mr. WILLIAMS insisted upon his question of order, and pressed for a decision.

Now the desolating scourge was on our very borders. The CHAIR decided that he could not so limit the deNay, the shaft of death had already flown; and ought we bate as to exclude such reference as the gentleman from audaciously to resist that natural impulse of the heart Rhode Island had made to the letter of the President, which directed men to the Almighty whenever danger which had appeared in the public papers. He had often was nigh? Besides, what could be so well calculated to heard letters quoted in that House over the signature of resist the attacks of this disease as that state of mind individuals, and the practice had never been declared out which strong religious feeling alone could produce? 1 of order. He regretted that, while temporarily called to was a disease which affected not the body alone. It seemed occupy the chair, it had fallen to his lot to decide on such to fall upon the soul itself. And there was no protection a question. But, under his view of the circumstances, he gainst the dread of it, but that fear of the Almighty which decided the gentleman from Rhode Island to have been Excluded all other fear. If the spirit of a man were not in order. umbled before the Eternal, and his trust not reposed in im, such a man was prepared to become an early victim

Mr. ADAMS said that if that was the opinion of the Chair, he must take an appeal. It had become an ex

H. or R.]

Public Fast Day.

[JULY 6 to 9, 1832.

tremely important question. The Chair had decided that formed his duty, and the letter having been openly read it was in order to refer to private letters of the President in the House, it was of course admissible that others of the United States, containing his opinion on a subject should refer to it, although its admission had been wholly before that House for deliberation. out of order.

Mr. SPEIGHT said that he was in favor of sustaining The CHAIR now required the gentleman from North the decision of the Chair. The gentleman from Rhode Carolina, Mr. WILLIAMS, to state in writing his question Island had been perfectly in order. He had referred to a of order, on which the decision of the Chair had been letter published in the papers, and known to all the mem-given, which was now appealed from. bers of the House. As the discussion on this resolution Mr. WILLIAMS said that the journal contained a proceeded, the true character of the resolution became minute of his objection. plainer and plainer. The subject was a solemn one. It did not comport either with the nature of the subject or the dignity of the House to be entertaining a long discussion on the question whether they ought to pray; and, with a view to their coming together in a more suitable frame of mind, he should move an adjournment.

The yeas and nays on this motion were demanded Mr. MARSHALL, and being taken, resulted in an journment.

FRIDAY, JULY 6.

The entry of the journal having been read, The SPEAKER said he had been absent from the House, owing to indisposition, when the decision of the gentleman from Tennessee [Mr. POLK] had been pro nounced, but it was due to candor to state that, had the question of order been raised when the letter was first by introduced, he should, probably, have allowed it to be ad-read; as it was, the gentleman from Rhode Island had alluded to the letter: the gentleman from North Carolina had thereupon called him to order: the Chair had stated that it was now too late to raise that question, and there

This day was almost wholly given to the consideration of fore decided the gentleman from Rhode Island to be in private bills.

SATURDAY, JULY 7.

The bill for the relief of the representatives of Colonel Laurens was, after a protracted discussion, read a third time, and passed--ycas 81, nays 43.

The House went into committee on numerous private bills; with which they were occupied for the remainder of the day.

MONDAY, JULY 9.

PUBLIC FAST DAY.

The House resumed the consideration of the resolution from the Senate, respecting a day of humiliation, fasting, and prayer.

The question pending being on an appeal, when the subject was last before the House, viz.

Mr. BURGES, a member of the House, having referred in debate to a letter of the President of the United States, in reply to an application made to him by the Synod of the Reformed Dutch Church to appoint a fast day, and containing his reasons why he could not comply with such request, was called to order by Mr. WILLIAMS, of North Carolina.

Mr. ADAMS having appealed from that decision, he inquired of the Speaker, as he had not been in the chair when the decision he appealed from had been made, whether he was to understand that he meant to revoke or maintain it.

order; from which decision the gentleman from Massachusetts had appealed. The question now was, whether the decision of the Chair should stand as the judgment of the House.

decision as that it was too late to raise the question; he Mr. ADAMS said that the Chair had made no such had allowed the question to be made, and had decided it. Mr. A.'s object was to go back to the disorder which had occurred at a previous stage of the proceedings. The Speaker might not shelter himself by saying that it was too late to raise the question. It was a question of great importance. The question was, whether a letter of the President of the United States, expressive of his opinion in relation to a matter before the House, might be mentioned and referred to on that floor. It had again and again been decided in the British Parliament to the contrary. The practice was in its nature extremely dan gerous. The Executive of the nation was in constant official intercourse with the House: and the House was called upon to sanction a decision that it was lawful to refer to his opinions, with a view to influence members in their course in that House. But if, from the public and official expression of his opinions, it was permitted to descend to his private letters--to conversations--to whispers and rumors of what were his sentiments, the lofty spirit of this nation would be made to cower before the influence of the Chief Magistrate, in a manner that was never the purpose or imagination of those who formed the constituttion.

Mr. A. said it had been his intention not to have openThe SPEAKER, after referring to the state of the ed his lips upon the subject, nor should he have spoken question, as it appeared on the journal of the House, de-one word but for the official decision of the Chair. He clared that his own opinion concurred with that of the must confess that he had heard the letter read with feel gentleman occupying the chair in his absence. What-ings of indignation. He regretted the member who had ever might have been the rule of order as to the first in-read it was not now present to hear him say so. It was troduction of such a letter into the House, or whatever the first attempt he had yet witnessed to influence the ac might be the law of Parliament in relation to a reference tion of that House by referring to a private communica to the opinions of the King, since the letter had been published in one of the public papers, as it had been read in the House, and commented on in debate, it was now too late to make the question whether a reference to it was in

order.

tion of the President of the United States. If it was to be permitted, the character of that House would be changed. It would no longer represent the majority of the people of the United States, but would be influenced and guided by indirect communications from another quarter. As reMr. ADAMS said that the explanation of the Speaker spected the Speaker, he referred again to the consequen had changed the state of the question. The question he ces which must grow out of such a decision as he had made, and on which he appealed from the decision of the made, and such an opinion as he had just avowed. He Chair, was not whether the gentleman from Rhode Island referred to history--to the history of France and of Eng had been in order in referring to a letter which had pre- land, and to what such a course of things had terminated viously been read in the House, but whether it was in in: he referred to the issue of it in the cases of Cromwell order to permit the letter to have been read at all. The and of Bonaparte. When Charles the First had entered Speaker ought to have arrested the member who com- the House of Commons, and demanded that five members menced to read it: but the Speaker not having per- of that body should be delivered up in consequence

of

JULY 9, 1832.]

Public Fast Day.

[H. OF R.

The

But

language they had uttered there, the name of the Speaker obligation from that which bound them merely as memwas Lenthal. That officer, being inquired of by the bers of the House. It would be a violation of those rules King where those members were, had fallen on his which bound them as gentlemen. It must be impossible knees before the King as his sovereign, and had replied, to confine them to all reference to the opinions of the "please your Majesty, I have no eyes to see, no ears to Chief Magistrate. President Monroe had sent a message to hear, no tongue to speak, but as I am directed by this the House, expressly declaring his opinions as to the true House: and I hope your Majesty will receive this as my construction of the constitution in a case which did not apology for not complying with your Majesty's require-refer to any act of legislation; and that expression of ment." In consequence of this conduct, the name of Len- opinion was often afterwards referred to in debate. thal had become immortal. Mr. A. hoped that the name gentleman from Massachusetts would be able to correct of the Speaker of this House might not have a contrasted him if he was wrong in saying that, under the late admiimmortality. nistration, in relation to a bill for the suppression of piracy, Mr. COULTER observed that the letter which had the opinions of the Chief Magistrate were referred to as been read by the member from North Carolina, [Mr. to the proper mode of suppressing that evil. And even CARSON,] had, by being published in the papers, become in Parliament, the opinion of the King on the subject of a matter of history: it was known to the nation and to the Catholic emancipation had often been referred to. world, and the reading of it within those walls gave it no the House had now before it a proceeding which did not additional publicity. Mr. C. had referred to it on this contemplate any act of legislation. And, though preecground. There was no member of that House who would dents had been produced, where joint resolutions of a more decidedly or promptly resist any improper attempt similar kind had heretofore passed, yet, he was informed of the Chief Magistrate to influence the legislation of this by those who had examined into the fact, that those joint nation, than he would; and he believed that his votes, du- resolutions had never received the signature of the Prering the four years last past, would show that fact. He sident. ought, however, to have remembered what was the lex Although it was a constitutional requirement that every parliamentaria on this subject. It was deliberately re-joint resolution, before it had binding force, should be solved in England that any direct interference of the signed by the President, yet, in the cases referred to, the King with the members of the House of Lords was, not a resolutions had never been so much as presented to him mere breach of order, but a high crime and misdemeanor-for his signature; which fact went to show that it had a breach of the high privileges of Parliament. If that never been understood as matter of legislation. The rule was to prevail in this country, the gentleman from House was about to make a gratuitous request from the North Carolina, who had read the letter of the President President. Yet it was possible he might consent to sign in that House, ought to have been called upon in a differ- the resolution. As, however, the opinion he had given ent mode, and should have been proceeded against for a on that subject had been published in the newspapers breach of the privileges of Congress. That was the spirit of the day, it became a part of the history of the counof the British Parliament. try, and, as such, might lawfully be referred to in debate.

If Mr. C. could have thought that the gentleman from Massachusetts [Mr. ADAMS] would so emphatically have referred to that law, he would have endeavored to keep his remarks more within range of its requirements. But the gentleman should recollect that there was a great difference between a President of the United States and the King of Great Britain. The King was almost wholly irresponsible to the people of that country: he claimed to possess his throne, not by their appointment, but by a divine right, (he believed that claim had never been given up,) and, under a grant of power by the British constitution, the King was the most irresponsible officer in that Government. The theory of that constitution was, that the people of Great Britain were represented in the House of Commons; and hence that House was always engaged in contending for the rights of the people against the power deposited in the hands of the King; a power which, at this hour, was operating against the rights and privileges of the people. The Parliament and the King were, under that constitution, antagonist powers. When the King, therefore, who was there the fountain of all honor, having millions at his command to distribute in pensions, came into the House of Commons to demand the person of members, he presumed that any Speaker of that House would act as Speaker Lenthal did. It was hardly to be expected that a President of the United Mr. ADAMS said the gentleman had entirely misunderStates would make such an attempt. He trusted that such a stood him. He had not intimated, in the slightest degree, thing would never occur. But the President of the United any disposition in the present Chief Magistrate to overStates, instead of being irresponsible, like the King, was awe the House; nor had he the slightest belief that the only an officer of the American people, and was responsi- President, when he wrote the letter, had expected that ble to that people for all his public acts. He constituted it ever would have come within these walls; and he would no more than a co-ordinate branch of the Government, and add, that he did not conceive that the reading of the letter in that capacity had a right to make public communications had been intended, in any improper manner, to influence And there might be cases where it the House; and he had no doubt that had the gentlewould be proper and lawful to refer to his opinions thus man from North Carolina been called to order when he publicly given, not to whispers and rumors of what had referred to the letter, and proposed to read it, he would, without objection, have taken his seat. But he must repeat the expression of his belief that the question of order

Mr. C. concluded with observing that he was by no means strenuous in insisting on the point of order, and felt no great anxiety as to the manner in which it might be decided.

Mr. BRANCH said that the view which had been taken of the introduction of the President's letter into debate, did not appear to him to be correct. The act of writing that letter had been done in a harmless manner, and with no ill design; and it would require feelings very different from Mr. B.'s, to trace either to the President, or to his colleague, [Mr. CARSON,] any desire to overawe the action of that House. He was bound to do justice to the President; and it gave him pleasure to do the same justice to his colleague. When the President wrote the letter in question, he presumed he never expected to hear of it again; nor had his colleague been actuated by any improper motive in referring to it. The gentleman from Massachusetts had risen, as he admitted, under feelings of indignation respecting the course his colleague had pursued. He regretted to witness this. He admitted that it had been a breach of order to read the letter in the House; it should not have been done; but Mr. B. could not trace to the President any design, such as had been imputed to him, of a desire to overawe the deliberations of that body.

to that House.

passed in his chamber.

To refer to them would be a violation of a different