FEB. 21, 1831.] Indian Question. [H. OF R. Georgia for notifying the Cherokees and others within the territory claimed by them within the limits of the State, that the laws of Georgia would be or were extended over that territory, on and after the 1st day of June, 1830. rounded by a white population, shall be excluded from its operation. Why was this done, if the States, respectively, within which they resided, had not, and did not exercise jurisdiction over them? It was impossible to arrive at any other conclusion. But it was of some importance He would not enter into any inquiries about the procla to compare the dates of that law with the date of the com- mations then issued. He would only say he had no doubt pact of 1802. The law was passed on the 30th of March, they were issued with the best intentions towards the and the compact was entered into on the 24th of April parties concerned. Nor has he been sparing of his censure following. If, then, in any view of the subject, Congress upon the President of the United States and the Governor had the power to except certain Indian communities from of Georgia, for the manner in which they have treated inthe operation of the law, was it not equally fair, by sur-truders on the gold lands lying within that State, and claimrendering all claim to soil and sovereignty within certained by the Cherokee Indians. If he understood the genlimits to Georgia, that the Indians within those limits should tleman, he represented the President and the Governor as be excluded from the operation of the law? The gentle-alone solicitous to prevent the Cherokees from digging man has objected to the compact with Georgia, as uncon-gold. If he was correct in this understanding, he could stitutional. Does he forget that new States may be formed tell the honorable gentleman that he was greatly mistaken. out of parts of those already existing, provided they give The instructions of the Governor to the agent sent by him their consent? And does he not know that such consent to the Cherokee nation last summer, and the manner of is not only given by Georgia, but given in the form of a their execution, go to show that it was intended to remove requisition on the Federal Government? But, perhaps, the gold diggers of every character and description whatthe gentleman considers the compact fair enough in whatsoever. More than this, so far as the citizens of Georgia ever the General Government gains by it, and only unfair were concerned in that business, it was a well known fact, as its provisions may operate favorably to Georgia. The that they, in a formal manner, expressed their readiness gentleman from Massachusetts has told us that the Chero-to abandon it, provided the white men from other States, kee Government was adopted on the suggestion made to and the Indians, should be restrained from digging gold. their chiefs by Mr. Jefferson, in 1808 or '9; but does he Their view of the subject was a rational and correct one. not remember that no State can be formed within the While they, after being warned of the consequences, limits of another but by its consent? But suppose it be neither desired to embarrass the Government of Georgia, conceded that the Cherokee is a foreign Government ex-nor this Government, they said this precious metal is the isting within the limits of Georgia, what consequence would follow? That the Federal Government would be bound to remove it. What is there to restrain such a Government to the republican form? And yet every one knows that the constitution guaranties to every State a republican form of Government. Then can any other exist within the limits of a State? Most certainly not. common property of Georgia. We are her citizens, and why should not we have part of it, while the citizens of other States and the Indians are dividing it among them? We know that it has been solemnly decided by the Supreme Court of the United States, that Georgia has a freehold right to all the land occupied by Indians within her limits. Nor is it unreasonable, whatever possessory right may be held by another, that the owner of the freehold should prevent the commission of waste by any other person. Mr. H. said it was entirely unnecessary for him to go into a detail of the various recommendations of successive Presidents on this subject. It was well known that Mr. Mr. H. said he could not suppose it necessary to state Jefferson looked to the ultimate location of the Indians to the honorable gentleman the principles which govern west of the Mississippi. If he was not greatly mistaken, freehold right. The gentleman has seen fit to arraign, that entered as a motive into the purchase of Louisiana. with much censure, the law of Georgia which extends to He believed there might now be found an act in the statute a Cherokee the right to absolve himself from an obligation book, passed during the administration of Mr. Jefferson, entered into with a white man, while no such option is exlooking to that object. The recommendation of Mr. Mon- tended to the white man. And is it possible that the honroe, and the course of Mr. Adams on this subject, must be orable gentleman will not understand the intention of that known to every one. The act of the last session, com- law? Does he not see in it the same benevolent purpose monly called the Indian bill, was but in conformity, so far which dictates a similar principle in relation to infants? as it concerned the Cherokees, with a treaty made with It is impossible to give any other construction to the inthe western portion of that tribe by Mr. Adams, in May, tention of the Legislature of Georgia. 1823. Mr. H. said he knew that treaty looked to the But the honorable gentleman has not permitted the conemigration of the Cherokees, and he also knew that ap-duct of Georgia to pass without severe reprehension for propriations for that object then had the support of the passing an act at the last session of her Legislature, for the honorable gentleman from Massachusetts, and his friends survey of the lands occupied by the Cherokees within her now acting with him, in opposition to a policy which can, limits. To enforce his pathetic appeal, he had read, with in no sense, be considered in any other light but extend- much emphasis, an extract from a letter published in one ing and carrying out the policy of Mr. Adams. The gen- of the newspapers of Augusta, in Georgia. Mr. H. retleman from Massachusetts chooses to find fault with the gretted that the honorable gentleman had not favored us country to which it is proposed to remove the Cherokee with the name of the writer of that letter. A knowledge Indians. Mr. H. said, for his part, he had received the of that name might enable him to unravel the motive with mest satisfactory information on that subject. His infor- which it had been written. Although he had an opinion mation was derived from one of the most intelligent red who did write that letter, yet he would not impute motives men he had ever seen, a man belonging to the Cherokees to the supposed author upon suspicion only. He, too, of the West. But it could only be necessary to refer gen- could read extracts from letters having responsible names— tlemen to the provisions in favor of the intruders on Love-not printed and anonymous-letters from men well known, Jy's purchase, a part of the territory ceded by the treaty and of high respectability, in Georgia-letters going to show of 1828 to the Cherokees, to show that it was any thing that in the proposed survey and occupancy of the wild but unproductive and undesirable. If he recollected the lands in the Cherokee country, so called, it was not interms of the law on the subject, it gave to each head of tended to molest the occupants. Indeed, the very section a family of intruders a pre-emption to half a section of of the law which had been read by the honorable gentleland as an equivalent for the inconvenience of removing man shows, most conclusively, no other intention. Nor from the country on which he had intruded. But the was it designed only to afford a feigned protection to them. honorable gentleman finds fault with the Governor of selves, their families, and such improvements as, accord VOL. VII-49 H. OF R.] Indian Question. [FEB. 21, 1831. 'ng to the former opinions of Mr. J. Q. Adams, could give 'sure, and the effect of every precedent, ought to be an Indian title. He referred from memory to an anniver-scrupulously attended to and critically examined. This sary oration delivered by that gentleman, some years ago, is the business of the Representatives of the people, and in commemoration of the landing of the pilgrims at Ply-can never be by them confided to any other persons. mouth. Then is there one rule for estimating Indian title "The great object presented to us by our political when it conflicts with the interest of the pilgrims or their situation is, the support of the General Government, the descendants, and another rule for Georgia? But, he said, giving force and efficacy to its functions, without dehe well knew at least one prominent motive which go-stroying the powers which the people intended to vest verned some of the members of the Legislature of Georgia, who made most strenuous exertions for the immediate "A consolidation of all the States into one Government survey and occupancy of the wild lands in the Cherokee would at once endanger the nation as a republic, and country. He knew this, because they were of the number'eventually divide the States united, or eradicate the prinof his particular friends. and to reserve in the State Governments. 'ciples which we have contended for. "A communication from his Excellency Governor Adams, of the State of Massachusetts, which was ordered 'to lie on the table, being taken under consideration, a motion was made by Mr. Watkins that the House do come 'to the following resolution: Indeed, it is a motive which would then have operated, "It is much less hazardous to prevent the establishment and would now operate, on his own mind, if he was a 'of a dangerous precedent, than to attempt an abolition of member of that Legislature. It was that the laws of it after it has obtained a place in a civil institution.” Georgia might operate on the Cherokee Indians; not with How different the opinions and conduct of that higha desire to coerce their removal, but as they were under souled patriot from those who, at this day, consider the the rightful jurisdiction of the State, that jurisdiction Union endangered by a proposition to repeal a single secmight be exercised over them. The honorable gentleman tion of a law! When it is recollected that Governor Hanasks, if a citizen from another State should go to sojourn cock survived but a few weeks after this message was at Savannah, would a law of Georgia be tolerated, which written, it requires no stretch of imagination to consider required of him to take an oath of allegiance to her? And it his political testament, containing the most solemn warnyet, the gentleman says, it is equally unjust to require ings to coming generations. He was not so fortunate as such an oath of a citizen who may reside among the Che- to have laid his hand upon the proceedings of the Legisla rokee Indians. Cannot the gentleman see a marked dif- ture, in consequence of the message to which he had adference in the two cases? Savannah being a community verted. Within a few weeks after it was written, Governor acknowledging the Government of Georgia, such a law Hancock ceased to live, and the executive functions dewould be unreasonable in relation to her. But not so in volved on the venerable patriot Samuel Adams, as Licuthe Cherokee country; there an independent Government tenant Governor. Nor had he been able to refer to a is pretended to be set up, in defiance of the authority of communication subsequently made by Governor Adams Georgia. And is it wonderful that she should require to the Governors of the other States; but there could be white men who go there to take an oath of allegiance to little difficulty in arriving at its import, and the character her? Most certainly not. But of all the objections taken of the legislative proceedings to which it referred, by a by the honorable gentleman, it is, perhaps, most unfortu- moment's attention to the proceedings of the House of nate for him that he should have selected the case of Tas- Representatives of Georgia, under date of the 12th of sels for the theme of his eloquence-Tassels, who, nobody December, 1793. That the subject might be the better denies, was guilty of murder on a man of his own tribe! understood, he would refer to them. But the high offence of Georgia, in the opinion of the gentleman, consists in her disobedience to the citation of the Chief Justice of the United States. Let us examine into the power of that officer to issue and enforce that precept. But, before doing so, he would take leave to call the attention of the honorable gentleman to the course pur"Resolved, That this House do highly approve of the sued by Massachusetts in 1793, before the eleventh amend-'measures taken by the Legislature of the State of Massament to the constitution had been adopted, and when thechusetts, in the case of an attempt to compel the Execujudicial power of the United States was as broad as origin- tive of that State, by mandatory process, to answer to a ally laid down in the second section of the third article of 'suit instituted by an individual in the Supreme Court of that instrument, and this under circumstances far less the United States; that the Governor do answer the comstrong in her favor. Does the gentleman recollect that 'munication of Governor Adams on that subject, expressat that period the Supreme Court decided that it had ing the great objects which stimulated similar exertions, jurisdiction of a cause brought before it by an individual on the part of this State, to guard her retained sovereignagainst the State of Massachusetts? And does he not know 'ty; and that this State has, and will at all times mainthat it was considered of sufficient importance by Gover-tain and support such sovereignty against every infraction nor Hancock-John Hancock, once President of Con-of her most sacred rights." gress to require him to convene the Legislature? And This resolution passed the House. But it might be does not the gentleman recollect the principles laid down proper for him to state some facts and references conby that distinguished man, as it regards the right of a nected with the case referred to in the resolution, in people to examine and to change their form of govern- which a similar attempt had been made to enforce the ment? But Mr. Hancock's opinions may be better under-jurisdiction of the Supreme Court, at the suit of an indistood by referring to the language of his message to the vidual against the State of Georgia. Legislature, in September, 1793. After adverting to the This was the case of Chisholm, executor of Farquhar, cause of complaint, he says: "The idea that it is danger- against the State of Georgia. And here he would refer ous to examine systems of government, and to compare to a section of a bill which passed the House of Reprethe effects of their administration with the principles on sentatives of Georgia on the 21st of December, 1793. 'which they are raised, is inadmissible among a free peo- The section reads: 'ple. If the people are capable of practising on a free "And be it further enacted, That any federal inarshal, 'government, they are able, without disorders or convul- or any other person, levying, or attempting to levy, on ⚫sions, to examine, alter, and amend the systems which the territory of this State, or any part thereof, or on the "they have ordained. And it is of great consequence to treasury, or any other property belonging to the said 'the freedom of a nation to review its civil constitution, State, or on the property of the Governor or Attorney and to compare the practice under it with the principles General, or any of the people thereof, under and by 'upon which it depends. The tendency of every mea-'virtue of any execution, or other compulsory process, FEB. 21, 1831.] Indian Question. [H. or R. issuing out of or by authority of the Supreme Court of proceeding to immediate argument, overruling the plea 'the United States, or any other court having jurisdiction again, and trial of the accused, the judge adjourned under their authority, or which may at any period here- the court for several weeks, to allow counsel to be 'after, under the constitution of the United States as it heard before the convention of judges at Milledgeville. now stands, be constituted, for or in behalf of the said The plea was there elaborately re-argued by the counsel 'beforementioned Alexander Chisholm, executor of Ro- for the Indian, and overruled by the unanimous decision 'bert Farquhar, or for or in behalf of any other person or 'persons whatever, for the payment or recovery of any debt, or pretended debt, or claim, against the said State of Georgia, shall be, and he or they attempting to levy, 'as aforesaid, are hereby declared to be guilty of felony, and shall suffer death, without benefit of clergy, by 'being hanged." of the judges. Does this look like bloodthirstiness on the part of Georgia towards the Cherokee Indians? Most certainly it shows the contrary. Every one knows that Congress alone has the power to declare war. But can a single declaration of war against an Indian tribe be found upon the statute book? The decision pronounced by the convention of judges had been published in a number of newspapers, how many he could not say; but this he could say, that he had not yet met with any attempt to overturn it in any of This bill also passed the House. Upon any fair inter- the papers which had fallen under his observation. Nor pretation, no one can deny that Massachusetts and Georgia did he believe it could be overturned. That opinion promade common cause in resisting the power thus assumed ceeded upon the ground that the Cherokees were not an over them by the Supreme Court. It might be an inte- independent people; and among the arguments presented resting subject of inquiry why they differ so widely in the by it, the court had properly adverted to the course pursued case of Tassels. But comment was unnecessary. by the Federal Government towards the Indians in supIf, he said, there was so much excitement produced port of their position. They showed most conclusively then by the attempt of the Supreme Court to exercise this that the commercial power had never been exercised topower over the States, (for the eleventh article of the wards them in the most usual manner of exercising it toamendments was not adopted by Congress until the fol-wards "foreign, sovereign, independent nations." Nor lowing winter, and doubtless adopted in consequence of was the difference less striking in all the wars which this that excitement,) why should it be wondered at that Government had carried on against them. Georgia should resist the attempt to exercise the same power, when the jurisdiction of the Supreme Court has been since so much narrowed by the ratification of that amendment? But General Washington was then at the head of the Federal Government-a man not likely to be moved from the discharge of his duty; and yet history does not record (or, if it does, he is ignorant of it) any evidence of his having considered the proceedings of Massachusetts rebellious or traitorous, or treated them accordingly. Nor has the same history dared to cast a shade upon the pure patriotism of John Hancock and Samuel Adams, or branded the name of either with rebel or traitor, in consequence of this transaction. But it has been admitted that there was no power to enforce the citation in the case of Tassels, that citation not operating as a supersedeas of the judgment against him. How idle, then, to accuse Georgia of resisting the authority of the Supreme He thought he had sufficiently shown that the jurisdicCourt, when the respiting power of her Governor, exer- tion claimed by Georgia over the Cherokee Indians was her cised in favor of the condemned murderer, could alone unalienated and unalienable right; and having that right, have given efficacy to the summons of the Chief Justice. as he thought he had sufficiently shown, if, in its exercise, But a sense of self-respect would not permit him, what-it had been or should be necessary, it was within her conever might be his feelings, to make any further comment stitutional competency to settle her white population on on the citation, as it regarded the propriety or impropriety the wild lands in the country inhabited by them. of the proceeding on the part of the high functionary by But let it not be understood that, in any thing he had whom it was issued. As it respected the powers now uttered, he had admitted the right of this Government to inpossessed by the Supreme Court, and on other subjects terfere with the constitutional right of Georgia to govern connected with that tribunal, he had well settled opinions, the people, and to dispose of the lands within her limits. which time and other circumstances might afford him a In the exercise of those rights, he trusted she always would more proper opportunity to express. He thought that exercise as she had heretofore exercised them, with a just he had shown that in no particular had the State of Geor-regard to what was due her own character. gia gone further in resisting the citation in the case of In presenting these observations, he hoped he had not Tassels, than both she and Massachusetts had done in 1793. overstepped the pledge he had given at the outset. As But he had a further reply to offer to some of the re- he had refrained from going into a detailed defence of marks of the honorable gentleman on the subject of the Georgia against the various accusations of the gentleman Cherokee murderer. from Massachusetts, so he had abstained from an elabo What does this prove, if it does not prove most incontestibly that, however, in its intercourse with the Indians, the Federal Government has occasionally interfered with the rightful powers of the States, it has never considered the Indian tribes as sovereign and independent States? He said he might have adverted to various opinions of distinguished men in support of the doctrines he had presented to the consideration of the House, but he preferred relying on constitutional principles to the opinion of any man or set of men whatsoever. There were many points embraced by the remarks of the honorable gentleman from Massachusetts, to which he had not adverted. But, for his part, he did not consider it necessary. It was well known that, in a case involving the crimi-rate attempt to defend the present administration of the nal jurisdiction over the country occupied by the Chero- Federal Government. But it must not be considered that kees, as early as the spring of 1830, upon the arraignment he had declined doing so from any apprehended difficulty at Hall superior court of certain Cherokees for the viola-of such a task. But he was aware that he should be foltion of the laws of Georgia, a plea to the jurisdiction of lowed by friends who would more than supply any thing the court was filed, solemnly argued, and the plea as so- and every thing which he had omittted. lemnly overruled by the court. Mr. BELL, of Tennessee, next addressed the House, and In the month of September, of the same year, Tassels stated upon proofs which, as he observed, were satisfacwas arraigned for trial. But what was the course pursued tory to him, that the great majority of the Cherokees by the court on that occasion? Was the accused denied were in the most squalid and miserable condition; no furthe benefit of the plea to the jurisdiction of the court, ther advance in civilization, or in the arts of social life, which had been solemnly overruled at the preceding term? than their ancestors of a century ago. It was not the red No. The plea was permitted to be filed, and, instead of men who were benefited under the present system, but II. or R.] Foreign Co'ns.--Commerce on the Lakes.-Importers of Foreign Goods. Western Armory. [FEB. 22, 1831. some twenty or thirty whites who had insinuated them-explained the object of the bill, and of the proviso to it selves into the confidence of the Indians, and who, toge-which he proposed, and was as follows: ther with the half-breeds, controlled the whole tribe, and "Provided, also, That no person shall be entitled to the acquired wealth at the expense of those for whose welfare so relief authorized to be given by this act, who, by the exmany philanthropic wishes were expressed in the House. ercise of reasonable diligence, by himself, or his agents, He deplored the revilings and denunciations that had oc- factors, or correspondents, could have complied with the curred during the discussions of this question, and depre- provis ons of the said third section of said act; and the cated the spirit of bigotry in which they had their origin, Secretary of the Treasury shall require and receive satis The people of Georgia would rather suffer military execu-factory evidence from every person claiming the benefits tion than recede from their expressed determination to of this act, that such diligence has been used, and that he sustain their laws; and would those who, from party feel has acted bona fide, and without any intent to violate or ing, pressed this measure forward at the awful risk of pro- evade the provisions of said third section, before he shall ducing a civil war, persist in a course which, while it en-grant the relief herein provided." croached upon the honor of the President, and the spirit The House unanimously consented to the course sugof the constitution, placed the country upon the brink of gested by Mr. H.; and the bill, with the proviso proposed an intestine commotion? After some further remarks, by Mr. H., was passed, and sent to the Senate for conMr. B., who was in a state of exhaustion from the effects currence. of ill health, at the request of his friends, suspended his remarks until the subject should again came up. TUESDAY, FEBRUARY 22. FOREIGN COINS. The bill for the relief of the sureties of Amos Edwards was read the third time, and the consideration thereof was postponed until to-morrow. RELIEF OF LAND PURCHASERS. The House resumed the consideration of the bill from Mr. WHITE, of New York, from the committee ap the Senate, supplementary to an act of the 31st March, pointed on the 23d December "to inquire into the ex When this bill was last under consideration, Mr. IRVIN, pediency of providing that dollars of the New American 1830, for the relief of the purchasers of public lands, and Governments, and five franc pecies, shall be a legal tender for the suppression of fraudulent practices at the public in the payment of all debts and demands; and, also, whe-sales of the lands of the United States. ther any additional regulations are necessary to the recoinage of foreign silver coin at the mint," made a long and of Ohio, moved to strike out the second section. This detailed report, accompanied by a bill regulating the value motion again came up for consideration; when of foreign silver coins within the United States. The bill and report were committed. to which was referred the bill from the Senate concerning Mr. WHITE, of New York, from the same committee, the gold coins of the United States, also made a long and detailed report thereon, accompanied with an amendment to the said bill; which report and bill were also committed. On motion of Mr. BUCHANAN, three thousand additional copies of these reports were directed to be printed for the use of the members of the House. COMMERCE ON THE LAKES. A long debate ensued, in which Messrs, WICKLIFFE, Mr. IRVIN withdrew his motion to strike out the section. The amendments were then ordered to be engressed, and the bill read a third time to-morrow. WESTERN ARMORY. The House proceeded to the consideration of the bill Mr. CAMBRELENG, from the Committee on Com-authorizing the President of the United States to select merce, to which was recommitted the bill to regulate the a site for the erection of an armory on the Western foreign and coasting trade on the Northern and Northwest-waters. ern frontier of the United States, reported the same with Mr. CHILTON was very much in favor of an armory an amendment, which was concurred in by the House. on the Western waters, but he could not vote for this bill. Mr. CAMBRELENG, after some explanatory remarks, moved that the bill be ordered to a third reading. Mr. DAVIS, of Massachusetts, and Mr. HUNTINGTON, as the bill contained a number of complex provisions, desired time to examine it. The bill was further explained and its expediency advocated by Messrs. CAMBRELENG, HOFFMAN, and SWIFT; when (with the consent of Messrs, Davis and HUNTINGTON) it was ordered to be engrossed, and read a third time on Thursday next. It gave too much discretion and patronage to the Execu tive; and, if the bill were to pass, he had reason to fear that the armory would not be located in the situation where, in his opinion, it ought to be. Mr. BLAIR, of Tennessee, said that he would support the bill as reported by the Military committee, not because it was what it should have been, but because it was the best that could be had under existing circumstances, Sir, said he, I found this proposition before the House, eight years ago, when I came into Congress, and it has been a subject of controversy ever since. I have, On motion of Mr. CARSON, it was Resolved, That two hundred additional copies of the re-myself, said he, taken such part in this controversy, as port of the select committee on the establishment of assay offices in the gold region of the South, be printed for the use of the members of the House. IMPORTERS OF FOREIGN GOODS. The engrossed bill "for the relief of certain importers of foreign merchandise," was read a third time, and put on its passage. Mr. HUNTINGTON observed that the bill, in his opinion, required amendinent, and suggested, that instead of moving its recommitment, he would submit to the House an amendment to it in the form of a proviso, which, by unanimous consent, he would move should be now received, and incorporated into the bill. Mr. H. then briefly perfectly to satisfy my mind that this House will never agree upon its location. I appeal to such members as have been here, and witnessed the progress of this thing-can they believe that another effort would be less fruitless than those which have been witnessed? The alternative now presented is to take this bill, and trust to the discretion of the Executive, or deprive the West of this necessary im provement yet a little longer. I have, said Mr. B., been astonished to hear the objection to this bill, that it conferred patronage on the President, What patronage? That of discharging an irrevocable duty, in the discharge of which he must displease some forty or fifty neighborhoods, in giving preference to one. As a friend to the President, were 1 to cast about for patronage, and the FEB. 22, 1831.] Insolvent Debtors. [H. OF R. means of seeking popularity, this should be the last expe- The previous question was then moved by Mr. STANdient with me. I know, said he, the fearless independence DEFER, and was seconded by a majority of members of the President, and I am from necessity obliged, in this present. And the main question being put, that is, "Shall the bill be engrossed, and read a third time?" it was carried by yeas and nays, as follows: case, by my vote, to cast upon him that responsibility The previous question was then put, and carried in the from which he will not shrink, and this fruitless conflict affirmative, by which Mr. DENNY's amendment was set will be brought to a close; and I could not but be surprised aside. to hear the other day, when this subject was before the House, an opinion expressed as to the inutility of such establishment. Sir, he could forget, in a few short years, the scenes of the last war, and particularly the difficulties YEAS.-Messrs. Anderson, Arnold, Baylor, John Blair, in arming the soldiery, would require a herald to notify Boon, Brodhead, Buchanan, Cambreleng, Clay, Coleman, him of his being mortal. I perceive that the part of the Coulter, Craig, Crawford, Creighton, John Davis, Denny, country in which I reside was not singular, and less pro- Desha, De Witt, Doddridge, Draper, Drayton, Duncan, vided than all others. Such was the melancholy fact Findlay, Finch, Ford, Fry, Gaither, Gilmore, Green, there, that, to sustain the cause of the country, and put Gurley, Hemphill, Hinds, Hubbard, Hunt, Ihrie, Thomas into the hands of destitute soldiers the implements of war, Irwin, William W. Irvin, Jennings, Richard M. Johnson, press gangs were sent abroad to invade the family sanc-Cave Johnson, Kennon, Kincaid, Lea, Leavitt, Lecompte, tuary, and by the law of force was the owner deprived Leiper, Letcher, Lyon, Martindale, McCreery, McIntire, of his arms. And now, in these piping times of peace, Mercer, Miller, Muhlenberg, Overton, Pettis, Polk, we are to be told that there is no necessity for such esta-Ramsey, Sanford, Shields, Semmes, Sill, Smith, Speight, blishment. Sir, I am admonished at this stage of the session, Ambrose Spencer, Standefer, Sterigere, Stephens, Test, and with the press of business before us, that I cannot John Thomson, Vance, Varnum, Verplanck, Vinton, better evince my friendship to this measure, than by with- Whittlesey, C. P. White, Edward D. White, Wilde, Yanholding further debate. I must, however, indulge, be- cey.-79. fore I take my seat, in the liberty of saying that, were I NAYS.-Messrs. Alexander, Alston, Angel, Armstrong, not admonished that it would tend to defeat the measure, Bailey, Barnwell, Barringer, James Blair, Brown, Butman, I would prefer eliciting from the House some expression Cahoon, Campbell, Carson, Chilton, Claiborne, Condict, of opinion, that necessarily would have its influence on Conner, Cooper, Crocheron, Crowninshield, Deberry, the future location of this armory; I am firmly convinced Dudley, Dwight, Eager, Earll, Ellsworth, George Evans, of the justice and policy of giving to it a location on such Horace Everett, Foster, Hall, Halsey, Hawkins, Haynes, Western water as would supersede in future the erection Hoffman, Howard, Hughes, Ingersoll, Jarvis, Johns, of a Southern armory; the location would throw it on a tributary stream of the Tennessee river, and within the district which I have the honor to represent. Were it now proper to present the considerations for such location, 1 feel very confident that I could show to this House reasons which must outweigh any others, and, as regarded as any one site, would be sufficient to ensure success, even in this House; but I am very sure they would not be sufficient to convince the House, when some thirty or forty others were brought into competition, and the members interested in each to be judges between them. I must, therefore, insist upon the passage of the bill as a dictate of necessity, and entreat its friends not to destroy it by provoking discussion. Kendall, Perkins King, Adam King, Lamar, Lent, Loyall, INSOLVENT DEBTORS. The House then took up the bill for the relief of certain insolvent debtors of the United States. Mr. BUCHANAN said, that when the House some days since, upon his motion, had kindly consented to take this bill up out of its order, he had then declared he should Mr. JOHNSON, of Kentucky, also adverted to the vain occupy but a very short time in its discussion. He said attempts of Congress, for sixteen years past, to get the he would now redeem that pledge; and as time had beobject through in any different mode, and urged the pas- come still more precious, and the close of the session was sage of the bill as it was, or all hope of getting an armory so near at hand, he would content himself with a very might be given up. Congress would never agree on the site, brief exposition of the nature of the bill. Should any Mr. VANCE deemed the subject so well understood, gentleman, however, desire a further explanation upon that no further argument could promote it; and he entreat-any point, he would hold himself ready to give it. ed all who were friendly to the bill to content themselves This bill, said Mr. B., contains but a single principle. with voting, lest delay might do what the opponents of the bill sought to do by argument. It merely enables the Secretary of the Treasury to compromise with such debtors of the United States as were insolvent on the 1st day of January last, and confers upon him the same power of releasing those debtors which every individual possesses. All such debtors of the United States are embraced within the provisions of this bill; except the principals in official bonds, and those who have actually received public money, and not paid it over, or accounted for it according to law. Mr. DENNY argued that Congress was competent to decide on the location of the site, and that there was no necessity for leaving it to the discretion of the President. He adverted to the history of the subject, to show why Congress had not agreed heretofore, and referred to the various surveys made. He was adverse to placing so troublesome and needless a responsibility on the President; and proposed at once to settle the question, as he thought At present, the Executive Government of the United it ought to be settled, by moving to strike out the clause States possesses no power, in any case, no matter what authorizing the President to "select a site for a national may be the circumstances, to compromise with its debtors, armory upon the Western waters, and for that purpose to and accept a part of the demand instead of the whole. cause such surveys to be made as he may deem necessa- The man who has become insolvent, should he be a ry," and insert the following: "A national armory upon debtor of the United States in a sum which he is unable the land belonging to the United States near Pittsburg, to pay, is, under existing laws, placed in a state of helpless or upon any other site which he may select in its vicinity; or, if water power shall be preferred, then to select a site for the said armory, at the falls of Big Beaver, in Pennsylvania." and hopeless despair. His individual creditors, convinced of his honesty, may be willing to release him; his friends may be willing to furnish him the means of recommencing business; but this is all in vain, whilst the debt due |