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FEB. 4, 1831.]

James Monroe.-Susan Decatur.

[H. OF R.

ed. Well, sir, what was the result? Our people are and nothing is too sacred for their examination. I thereeven now looking, with anxious expectation, to this body fore entreat the House, and particularly the Southern for the realization of these predictions. When, therefore, portion, to withdraw all objection to the second reading, the bill introduced yesterday by the honorable chairman and to abstain from using this illiberal weapon of defence, [Mr. MALLARY] was presented, I dissented from the views by which they have so often been unkindly scourged. of my honorable colleagues, [Mr. BLAIR and Mr. Tuck- We shall then see whether, instead of the duty going ER,] and others, in this, that, whilst they desired to sup. down to ten cents, as provided by the law of 1830, it be press the discussion of this question, with the view of fixed at fifteen, and thereby an earnest given that we are avoiding the excitement growing out of it, I am decidedly to expect still further imposition. Should such be the in favor of playing out the game--of meeting the question case, I can but fear that, in the future history of this fully and boldly-of discussing it calmly and deliberately, country, and in its influence on the harmony and perand ascertaining whether my assurances to my constitu- petuity of our Union, the sum of five cents on salt may be ents are to be realized. I trust, therefore, that the gen-equally important with three cents on tea. tleman from Georgia [Mr. THOMPSON] will withdraw his When Mr. NUCKOLLS concluded, the SPEAKER anopposition to the second reading of this bill. Let the nounced that the allotted hour had expired. report and bill be referred and printed, and, after time for Mr. CARSON, of North Carolina, moved to suspend examination, let them come up for discussion. Sir, I will the rule, that the consideration of the subject might go vote at any time for taking up and deciding the fate of on; but the House refused to suspend the rule. this matter. The people of South Carolina are in great doubt and perplexity on this subject; they have been assured that relief from their unconstitutional burdens would be progressive; but if, on the contrary, our course is to be retroactive, by increasing instead of diminishing their grievances, we desire to know it, in order that we may set about relieving ourselves from them, "peaceably, if we can; forcibly, if we must."

JAMES MONROE.

The bill for the relief of James Monroe was read the third time; and the question being, "Shall it pass?" Mr. CHILTON called for the yeas and nays on the question, and they were ordered by the House. Being taken, they stood as follows:

YEAS.--Messrs. Arnold, Bailey, J. S. Barbour, BartThe excessive duty heretofore levied on foreign salt ley, Bates, Beekman, Bell, Brown, Buchanan, Butman, constitutes, in the domestic manufacturer, the most odious Cambreleng, Campbell, Childs, Coleman, Condict, Conand unjustifiable monopoly we have ever been called on ner, Coulter, Crockett, Creighton, Crocheron, Crowninto endure. It is an article necessary to the consumption shield, Davenport, John Davis, Deberry, Denny, De of every living creature--the poor as well as the rich are Witt, Dickinson, Doddridge, Duncan, Dwight, Eager, compelled to have it or perish; and yet a few wealthy ma- Earll, George Evans, Joshua Evans, Edward Everett, Honufacturers of it are protected in making it, by a duty of race Everett, Finch, Forward, Gilmore, Gordon, Green, two or three hundred per cent., collected chiefly from the poor. The average cost of imported salt does not exceed nine cents the bushel, and I am informed by an honorable gentleman from Virginia, coming from a salt district, that it can be made there for eight cents. On what principle, then, is it, that we are to pay a tax so disproportioned to the original cost?

Sir, I have learned, from high authority, that the manufacturers of salt, where it does not cost more than eight to ten cents to make it, have been known to sell it, at their own doors, at from seventy-five to one hundred cents per bushel; and that, as they proceeded into the surrounding country, the price was increased to from one dollar and twenty-five cents to one dollar and fifty cents, until their article began to meet the competition of foreign salt; and then they would reduce the price in proportion to the competition, until they came down to sixty cents, and this, too, after carrying it more than one hundred miles. But it is not my intention now to go into the general question; this will be more appropriate when the subject shall come up, after the bill and report shall have been referred and printed, and until then I dismiss it.

Grennell, Gurley, Hawkins, Hemphill, Hinds, Hodges, Holland, Howard, Hughes, Ingersoll, Thomas Irwin, William W. Irvin, Jarvis, Johns, Richard M. Johnson, Kennon, Lent, Mallary, Martindale, Martin, McCreery, McDuffie, Mercer, Miller, Mitchell, Monell, Norton, Nuckolls, Overton, Pearce, Pettis, Ramsey, Randolph, Reed, Rencher, Richardson, Rose, Russel, Scott, William B. Shepard, Shields, Semmes, Sill, Ambrose Spencer, Richard Spencer, Sterigere, Stephens, Strong, Sutherland, Taliaferro, Taylor, Test, Tracy, Varnum, Verplanck, Washington, Wayne, Campbell P. White, E. D. White, Wilde, Wilson, Young.-104.

NAYS.--Messrs. Alexander, Allen, Alston, Anderson, Angel, Archer, Armstrong, Noyes Barber, Barnwell, Barringer, James Blair, John Blair, Bockee, Boon, Borst, Bouldin, Brodhead, Cahoon, Chandler, Chilton, Claiborne, Clay, Clark, Coke, Cooper, Cowles, Craig, Crane, Crawford, Warren R. Davis, Desha, Draper, Drayton, Ellsworth, Findlay, Foster, Fry, Gaither, Hall, Halsey, Harvey, Haynes, Hoffman, Hubbard, Hunt, Huntington, Ihrie, Isacks, Cave Johnson, Kincaid, Perkins King, Adam King, Lamar, Lea, Leavitt, Lecompte, Letcher, Mr. Speaker, an honorable gentleman from Virginia, Lewis, Loyali, Lumpkin, Lyon, Magee, Marr, Thomas [Mr. DODDRIDGE,] in opposing the other day the second Maxwell, Lewis Maxwell, McCoy, McIntire, Muhlenberg, reading of a bill introduced by my friend and colleague, Pierson, Polk, Potter, Roane, Sanford, Aug. H. Shep[Mr. DAVIS,] to repeal the 25th section of the judiciary perd, William L. Storrs, Swann, Swift, Wiley Thompact, said he regarded the bill as being equally import- son, John Thomson, Trezvant, Tucker, Vance, Vinton, ant, as a proposition to repeal the Union, and therefore Weeks, Whittlesey, Williams, Yance.-88. he could not consent to its second reading. Sir, I will So the bill was passed. not say that the bill presented yesterday by the gentle- On motion of Mr. MARTIN, the title of the bill was man from Vermont [Mr. MALLARY] is equivalent to a amended to read as follows: "A bill to provide for the proposition to repeal the Union-but when we consider final settlement and adjustment of the various claims prethe strong excitement and deep sense of unconstitutional ferred by James Monroe against the United States." oppression which pervades the entire South, and take The bill from the Senate for the relief of William Smith, in connexion with it the effort, on the part of the gentle- adininistrator of John Taylor, deceased, was read the third man, [Mr. MALLARY,] to extend that oppression, it is time, and passed..

something very like it. But, differing from the gentleman from Virginia as to the proper course on such trying occasions, I desire to meet and to look it in the face. Sir,

SUSAN DECATUR.

Mr. McDUFFIE submitted a motion that the House do

the people speak through representatives on this floor, now take up the bill to compensate Susan Decatur, widow

H. OF R.]

Judge Peck's Trial.-The Salt Duty.

[FEB. 5, 1831.

and legal representative of Captain Stephen Decatur, de-He, therefore, with a view of meeting this question of ceased, et al.

Mr. WILLIAMS said that this was as good a time as any other to try the question whether the House meant to consider the bill at the present session, and he therefore called for the yeas and nays on the question of consideration. They were ordered by the House, and, being taken, stood-yeas 85, nays 100.

So the House refused to consider the bill.

SATURDAY, FEBRUARY 5.

order, moved that the bill do lie on the table.
The SPEAKER pronounced this motion not to be in
order; whereupon,

Mr. SUTHERLAND appealed from this decision. In support of his course, Mr. S. observed, that he meant no disrespect to the Chair, but that he was desirous of knowing whether the decisions made upon motions last year, which were parallel with the present motion, were to be overruled by the Chair. If they were to be set aside, he was anxious that the House should have notice of the fact, and, at the opening of the next session of Mr. HUNT, from the Committee on the Public Lands, Congress, we might have the point stated at the back of to which was recommitted the bill to authorize the State the journals, where all matters of order are recorded. of Missouri to sell the lands reserved for the use of schools, For if the subject was not disturbed in the way he sug a seminary of learning, and salt springs, in that State, re-gested, and some opinion obtained from the Chair, the ported an amendatory bill; which was twice read; and practice of the first session of this Congress would appear the question being put on engrossing the bill for a third from the journals to contradict that of the second session. reading,

Mr. S. then proceeded to show that it had been decided by the Speaker, during the last year, that the motion to lie on the table took precedence of the question “Shall the bill be rejected?" and cited two or three parallel cases from the journals of the last session, which he read and commented on to show their similarity to the present case. When Mr. S. had concluded,

Mr. RICHARDSON observed, that, on hearing the bill read, he perceived that it contained a provision to which he could not consent; but the subject presenting itself suddenly, he was not prepared at this moment to suggest a remedy. The bill provided that if the proceeds of these lands should prove insufficient for the permanent maintenance and support of schools throughout the State, no The SPEAKER rose, and, after admitting that the prepart of it could ever be applied. Should this prove to be sent decision of the Chair was at variance with the decisions the case, said Mr. R., and the fund prove inadequate to of the last session, which had been cited, proceeded to the entire support, the whole object would be defeated, explain to the House his reasons for the change. It was, and, of course, generations would die in ignorance. This he said, after mature reflection on the former practice, Mr. R. could not consent to; and to allow himself time to and after much consultation with those better qualified prepare an amendment to the section, he moved to post- than himself to form a correct judgment on the question, pone the bill till Monday--which was agreed to.

Mr. WICKLIFFE, from the Committee on the Public Lands, reported a bill explanatory of an act for the relief of the officers and soldiers of the Virginia line and navy and of the continental army, during the revolutionary war, approved the 30th May, 1830; which was twice read.

Mr. W. said it was of importance that the bill should be speedily passed. If, however, any gentleman had objections to its passage at this time, he was willing to consent to its postponement for a short time, to allow of an opportunity to examine its provisions. Mr. W. then explained the object of the bill; when the further consideration of it was postponed to Wednesday next.

JUDGE PECK'S TRIAL.

that he had come to the conclusion that the former decisions were erroneous; and, being so convinced, his duty to the high and responsible trust reposed in him by the House, did not permit any fear of apparent inconsistency to prevent his following the dictates of his better judg

ment. The honorable SPEAKER then went into an exami nation and exposition of the rules of order and the nature of the questions before the House, to show why the former practice was erroneous, and the present decision compatible with the spirit of the rules, with their true application to the question, and with the reason of the

case. When the SPEAKER took his seat,

As to the reasons

Mr. SUTHERLAND again rose, and observed, a greater man than either of us on parliamentary practice [meaning, it is presumed, Mr. Hatsell,} has said, "it is much more Mr. MAXWELL, of New York, from the Committee material that there should be a rule to go by, than what on Accounts, made a report on the memorial of the wit- that rule is;" and I think upon that ground alone the old nesses in the case of Judge Peck, attending here during practice might well be sustained. the last session, accompanied by the following resolution: addressed to the House by the SPEAKER, with all due Resolved, That the Clerk of this House be authorized deference to the Chair, Mr. S. thought he could readily to pay to the witnesses who attended before the Com-answer them; but as Mr. Speaker had thought proper to mittee on the Judiciary in the case of Judge Peck, at the change his opinion on the subject, he felt no disposition last session, the same compensation for their attendance to urge the appeal any further, and therefore withdrew it. and mileage, respectively, as has been allowed to the Mr. THOMPSON then said, that, in accordance with witnesses who have attended the trial of the impeachment the wishes of several of his friends, he would withdraw at the present session, deducting therefrom the amount his objection, and let the bill proceed to a second

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allowed to them at the last session.

The resolution was agreed to.

THE SALT DUTY.

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The House resumed the consideration of the bill to re-following vote: store the duty on imported salt--the question being on the rejection of the bill-

[Mr. BLAIR, of South Carolina, had first voted in the that the negative; after all the names had been called, he observed bill should be laid on the table, not to be taken up again during the session, he would change his former vote on the question, and now vote for the motion.]

Mr. SUTHERLAND rose, and said that one or two of his colleagues had, in the course of the debate upon this bill, moved that the bill be laid upon the table; and having observed that the Speaker refused the motion, declaring it to be out of order, pending an objection to the second reading, he took leave to say that he respectfully apprehended that, from the recorded decisions of the Baylor, Beekman, Bell, James Blair, John Blair, Bockee, House, the motion ought to be entertained by the Chair. Borst, Brodhead. Brown, Butman, Cahoon, Cambreleng,

YEAS.-Messrs. Anderson, Archer, Armstrong, Bailey,

FEB. 7, 1831.]

Books for the use of Members.--Salt Reserves in Illinois.—Indian Affairs.

[II. OF R.

Carson, Chandler, Chilton, Claiborne, Clay, Clark, Con-joyed the benefit of the work, and it was procured withdict, Conner, Cooper, Coulter, Craig, Crane, Crawford, ont the formality of a joint resolution. Crockett, Creighton, Crocheron, Crowninshield, Daven- After a few words from Mr. WICKLIFFE, in opposiport, John Davis, Deberry, Denny, Desha, De Witt, tion to the resolution, it was referred to the Library ComDoddridge, Dorsey, Draper, Dwight, Ellsworth, George mittee-yeas 75, nays 62.

SALT RESERVES IN ILLINOIS.

Mr. DRAYTON opposed the passage of the bill.
Mr. IRVIN, of Ohio, supported it.

Evans, Joshua Evans, Edward Everett, Horace Everett,
Findlay, Finch, Ford, Forward, Fry, Gilmore, Gordon,
Grennell, Gurley, Hall, Halsey, Hawkins, Haynes, Hinds, The bill for the sale of lands in the State of Illinois,
Hodges, Hoffman, Howard, Hubbard, Hughes, Hunt, reserved for the use of salt springs, on the Vermillion
Huntington, Ihrie, Ingersoll, Isacks, Johns, R. M. John-river, in that State, was read the third time, and the
son, Kendall, Kennon, Kincaid, Perkins King, Adam King, question put on its passage.
Leavitt, Lecompte, Lent, Letcher, Lumpkin, Lyon,
Mallary, Thomas Maxwell, Lewis Maxwell, McCreery,
McDuffie, McIntire, Miller, Mitchell, Monell, Muhlenberg, Mr. DUNCAN replied, at some length, to the argu-
Norton, Overton, Patton, Pearce, Pettis, Pierson, Polk, ments urged by Mr. DRAYTON against the right of the
Ramsey, Reed, Rencher, Richardson, Russel, Sanford, State to these lands; and advocated the passage of the
Scott, William B. Shepard, Augustine H. Shepperd, bill, as a measure calculated to promote the interest of the
Shields, Semmes, Sill, Speight, A. Spencer, R. Spencer, United States, as much as that of the State. He said the
Standefer, Stephens, Sterigere, H. R. Storrs, William L. reservation was all timbered land, and the land in the
Storrs, Sutherland, Swann, Swift, Taylor, Test, John vicinity was prairie; that the sale of the timber was ne-
Thomson, Tucker, Varnum, Verplanck, Washington, cessary for the improvement of the country, and would
Wayne, Weeks, Whittlesey, Edward D. White, Williams, cause the sale of a much larger quantity of prairie, which
Wilson, Yancey, Young.—145.
was public land. He believed the land was not necessary
NAYS.-Messrs. Alexander, Allen, Alston, Angel, to support the salt works; the sale of them had been
Barnwell, Bouldin, Campbell, Childs, Coke, Daniel, W. asked for by the Legislature, and he knew it was a mea-
R. Davis, Drayton, Eager, Earll, Foster, Gaither, Ham-sure greatly desired by the citizens of that part of the
mons, Harvey, Thomas Irwin, William W. Irvin, Jarvis,
Cave Johnson, Lamar, Lea, Lewis, Loyall, Martindale,
McCoy, Nuckolls, Potter, Roane, Strong, Taliaferro,
Wiley Thompson, Tracy, Trezvant, Vance, Vinton,
Campbell P. White, Wickliffe, Wilde.--41.

BOOKS FOR THE USE OF MEMBERS.

Mr. JOHNSON, of Kentucky, submitted the following resolution:

State.

Mr. WICKLIFFE said the bill had undergone a thorough examination by the Committee on the Public Lands, and that committee was unanimous in the opinion that the bill should pass.

After some further conversation between Messrs. DRAYTON, IRVIN, of Ohio, WICKLIFFE, DUNCAN, and PETTIS, the question was put on the passage of the bill, and decided in the affirmative.

The bill for the relief of Joseph II. Webb, coming up Resolved, That the Clerk of the House of Representa- on its passage, it was opposed by Messrs. WILLIAMS, tives be directed to procure two hundred and sixteen BATES, DRAYTON, and CRAIG; and was supported copies of the debates of the State conventions on the by Messrs. JOHNSON, of Kentucky, WHITTLESEY, adoption of the federal constitution in 1787, one copy of DUNCAN, and CONNER.

which to be delivered to each member; and that the [The bill provided for an increase of the pension of the Clerk be directed, also, to have preserved for each member an extra copy of the reports of Congress, at each session, and to have the same bound in a strong, cheap, ordinary binding, to embrace the present session, and to

continue in future.

In support of the resolution, Mr. JOHNSON said that, when he had the honor of a seat in the other House, he had been provided with the reports of this House, and that they were of value to him. He had an opportunity to read them in the recess, and they therefore became of equal value to his constituents. They would be found of vast importance to members generally.

The

With regard to the other portion of his resolution, it provided for the purchase of a work of great importance to members, in the discharge of their public duties. other House had passed a resolution, by which each member of it had been furnished with a copy of that valuable work, and he hoped that the members of this House would also be put in possession of it.

Mr. CHILTON would not consume the time of the House in debating the resolution; but would content himself with calling for the yeas and nays on its adoption.

petitioner, on account of increasing disability from a wound he received from an Indian, while carrying the mail through the Indian country. It was opposed, on the ground that Congress had 10 right to pension other than those who were wounded in the military or naval service. Mr. CONNER, to show that Congress had passed a bill allowing a pension in a similar case, read the law, which granted a pension to the widow and representatives of John Heap, who was killed by mail robbers, while in the act of carrying the mail.]

The question being put on the passage of the bill, it was rejected by a vote of 50 to 72.

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Mr. EVERETT, of Massachusetts, presented a memorial of inhabitants of the town of Southampton, in the county of Hampshire, and State of Massachusetts, praying that the act of the last session of Congress, providing for an exchange of lands with certain Indian tribes, and for their removal and permanent settlement west of the MsMr. INGERSOLL asked for a division of the question. sissippi, may be repealed; that treaties made with the InMr. CAMBRELENG said the resolution was one of an dians, heretofore, may be inviolably observed; and that obnoxious character. If the House was disposed to sanc- the said Indians may be protected in the enjoyment of tion the measure at all, it should be done by law. Reso-their lands, and in all the rights secured to them by engageJutions of a similar character had, at the present session, ments entered into between the said Indians and the Unitbeen referred to the Committee on the Library, and he led States. Mr. E. observed, that he had long felt it to hoped this would take the same direction. be the duty of the House to consider the all-important sub

Mr. JOHNSON said a law was not necessary in this ject of this memorial. He should, himself, by way of resolucase-it had not been the custom or practice heretofore, tion, have called the attention of the House to the subject, and he saw no necessity for it now. The Senate had en-had no other member expressed an intention of doing so,

H. OF R.]

Colonization Society. --The Sult Report.--Surplus Revenue.--The Judiciary Reports. [FER. 7, 1831.

And, on this motion, Mr. HAMMONS demanded the yeas and nays, and they were ordered.

if it had been possible, under the rules of the House, to move a resolution. But it was known to the Chair, that, for several weeks past, there had not been a moment when Mr. VANCE, then, to save time and trouble, withdrew it was in order to move a resolution. A petition from a his motion to lay the resolution on the table; and the quesvery respectable community in the State which he had the tion being put on agreeing to the resolution, it was deterhonor, in part, to represent, had been placed in his hands.mined in the affirmative--yeas 100, nays 78.

By the rules of the House, a petition cannot be debated, on the day on which it is presented, but must lie on the table one day. As petitions are received only one day of the week, on Mondays, Mr. E. observed that the memorial which he presented must, under these rules, lie on the table till that day, and then come up as the unfinished business of petitions. He begged leave, therefore, in presenting this petition, to give notice that, when it should come up on Monday next, he should feel it his duty to ask the attention of the House to the very important question of protecting the Indian tribes in the possessions and rights secured to them by treaty and the laws of the United States.

COLONIZATION SOCIETY.

Mr. BOULDIN, of Virginia, presented the petition of a number of his constituents, praying aid from Congress for the Colonization Society, to which he intimated his own disagreement, but moved that it be printed; which was ordered.

THE SALT REPORT.

Mr. MALLARY moved that the report of the Committee on Manufactures, on the restoration of the duty on imported salt, be printed for the use of the House.

THE JUDICIARY REPORTS.

The House having taken up the resolution submitted some days ago by Mr. WHITE, of New York, to print three thousand additional copies of the report of the Committee on the Judiciary in favor of repealing the 25th section of the judiciary act of 1789, together with the counter report of the minority of the committee

Mr. BUCHANAN said it might be supposed that he felt some interest in the success of this motion, but really he felt none. The question on the repeal of the 25th section had been settled by the House-settled to Mr. B.'s entire satisfaction. This decision had gone forth to the people, and he saw no good purpose it could answer to send the two arguments of the committee lagging after it through the country. He was therefore opposed to printing any additional copies.

Mr. HAYNES, of Georgia, was in favor of printing the extra copies. The report of the committee contained a fair exposition of the unconstitutionality of the 25th section; and as there had been no opportunity for a discus sion of the subject in the House, he wished the argument of the committee to be extensively disseminated. No man, Mr. H. said, was more attached to the Union of the States than himself; but he did not consider the proposition to repeal the section as any attack on the Union; on the contrary, being satisfied that the section was itself unconstitutional, he was in favor of its repeal, and wished the argument of the committee printed for the information of the people.

Mr. CHILTON was opposed to the motion. The bill was done with for this session, by the consent of both its friends and enemies, and he was in favor of letting the report sleep with the bill. The report contained an ex parte argument on the subject, which Mr. C. did not wish to send among the people with even this indirect sanction Mr. CHILTON moved that the motion be laid on the of the House. The country was now in a state of excite-table; but withdrew his motion at the request of several ment, and every member ought to be willing to allay that gentlemen.

excitement, instead of sending forth what would tend to Mr. DODDRIDGE, of Virginia, remarked, that much increase it. However untenable the argument of the re- had been said, and many allusions had been made to an port-an argument so fallacious that any schoolboy could expression of his on a former occasion, that he considered answer it--the order to print an extra number would give the proposition to repeal the 25th section of the judiciary to it some degree of importance. The report was pre-act as equivalent to a motion to dissolve the Union. Such, sumed to be the production of an individual of the Com- said Mr. D., is my opinion. It is my opinion, and I hope mittee on Manufactures; and if the practice were to pre-no angry feelings will be produced by my avowing it. vail, it would become an easy matter for any member of Although I entertain this opinion, I was willing to discuss the House to have his opinions sent forth with this sanc- the bill, and it was no fault of mine that it was not discuss tion, however obnoxious they might be to the sense of the ed. I did not make the motion to lay the bill on the table, House. If gentlemen desired to distribute copies of the which precluded debate. Mr. D. said he had been spoken report, let them do it at their own expense, not at that of to by several gentlemen to support the printing of an additional number of the report, &c.; and although the reMr. WILLIAMS moved to lay the motion for printing port and counter report had been very generally publish Mr. MALLARY requested that Mr. W. would with-number; indeed, a larger number than that proposed. ed in the newspapers, he was willing to order the extra draw the motion, to give him an opportunity of replying The reports were important; and, in the pamphlet form, to Mr. CuiLTON's remarks, but Mr. W. declined yielding gentlemen to whom they were sent, would be more likely The question was then put on laying this motion on the He, therefore, moved to amend the motion, so as print six to preserve them for their own, and the perusal of others. table, and was decided, by yeas and nays, in the negative-thousand instead of three thousand additional copies. yeas 82, nays 100.

the House.

on the table.

to the request.

The report was then ordered to be printed.

SURPLUS REVENUE.

Mr. GORDON, of Virginia, said, the remark of his colleague, as to the character of the bill, he must consider as a direct reflection on the committee which reported it. And, as one of those who concurred in the report, he The motion submitted some days since by Mr. JARVIS, must protest against that reflection. When a committee to print six thousand additional copies of the report of the of the House had given to a subject the calmest and ma select committee appointed on so much of the President's turest investigation, and a motion is made to print their message as relates to the surplus revenue of the Govern-report, a gentleman gets up, and, in a tone of alarm, de ment, was again taken up for consideration. Mr. REED demanded the yeas and nays on the ques-peal the Union; and this, too, from a gentleman whose nounces the proposition as tantamount to a motion to re tion of adopting the resolution, and they were ordered by legal character, and whose standing in the House, gre his opinions some control over the opinions of others. To an opinion so erroneous, and a course so extraordinary

the House.

Mr. VANCE moved to lay the motion on the table.

FEB. 7, 1831.]

Minister to Russia.

[H. of R.

We

Mr. G. could not submit in silence. In regard to the three weeks since, sir, the belligerent heralds abroad triUnion of these States, Mr. G. said he viewed it as the pal-umphantly announced to the world that the holy cause of ladium of our hopes, and of the liberties of mankind; and calumny would be vindicated here, and that a dreadful he felt as strong an attachment to it as his colleague could vengeance awaited all who had dared to rebuke it. possibly feel, although he might say less than him about it. were threatened, sir, with volcanic thunders-with red As to the constitutionality of the 25th section of the judi- lightnings and streams of liquid fire. We have witnessed ciary act, has it not, Mr. G. asked, been mooted frequently? this long anticipated eruption, sir-the danger is past-the It was neither a new question, nor an alarming one. Could planets still roll on calmly in their eternal circles; even it be new, especially to a Virginia lawyer? Does the gen- the erratic stranger on our horizon pursues unmoved his tleman not know that the Virginia judiciary, with Roane fiery course-heaven be praised, sir, we are still alive, and at its head, had solemnly denied the constitutionality of breathe. that section? Did he not also know that many of the As the storm is over, sir, allow me, in replying to the leading men of the State, including John Taylor, of Caro- gentleman from Rhode Island, to notice briefly two points line, had contended that the section was unconstitutional? of a graver character. It is the unquestionable right and Did not Georgia, the other day, by her Legislature, deny duty of every member of this House to scrutinize most the constitutionality of the act, and order her Executive, severely every appropriation, and to examine most thowith all her powers, to repel its enforcement on her? Had roughly every principle and measure of this administranot Pennsylvania, too, declared it unconstitutional, and tion. But, sir, gentlemen must pardon me for widely resisted its execution? Why, then, this tone of alarin and discriminating between a dignified contest for principle, terror? Why the call for the previous question, to sup- and a mere personal war against individuals occupying press debate on the bill? Why shun its discussion? Mr. distinguished public stations. I cannot persuade myself G. did not himself desire to debate it. He might not even to believe that there is any party in this House, or in this have deemed this a proper time for disturbing the ques-country, who would seriously desire to establish the extion; but he saw nothing in the proposition to be alarmed traordinary policy and principles involved in the motion at. On the contrary, I declare to God, exclaimed Mr. G., under consideration. I cannot believe that there is any. I believe nothing would tend so much to compose the pre- gentleman in this House, or out of it, who has a just resent agitation of the country, and allay the prevailing gard for his country's honor, who would deny to any Ameexcitement, as the repeal of that portion of the judiciary rican minister abroad the privilege of temporary absence Mr G. alluded to the case of Cohens, by which the from his diplomatic station, when his health or any other State of Virginia was made a party before the Supreme sufficient cause should render it necessary. But surely, Court, and had employed distinguished counsel to argue sir, no gentleman can seriously dispute the right of a the unconstitutionaly of the authority claimed by the minister to leave the court to which he may have been ascourt; and was proceeding to make some further remarks, signed, when he acts, as in the case of Mr. Randolph, but checked himself, as he did not wish, he said, to go under the express authority of the Executive. I may, into the merits of the question. perhaps, carry my notions of national dignity a little too Mr. DODDRIDGE observed that his colleague's re-far, sir; but I should contend that, with or without such marks about the previous question, and about the sup- authority, such a discretion was absolutely necessary, I pression of debate on the bill, did not apply to him. should lament, indeed, sir, if, by adopting narrow views He had not moved the previous question, or made any of public policy, we should deny to our ministers abroad other motion which would preclude debate; and, as for a courtesy which is demanded from us by considerations #what his colleague thought of his opinions, he did not of honor and humanity. I trust that, however violent care a tittle-not a tittle. Mr. D. said he had not been may be the character of our internal wars, the wildest averse to debating the bill; but, as it was not debated, he frenzy of party excitement will never drive us into meawas in favor of giving the greatest possible publicity to sures so humiliating to our ministers, degrading to our the arguments, pro and con, of the committee, and had, diplomatic character, and so effectually calculated to lestherefore, moved to increase the number of additional co-sen the dignity of our country in the eyes of the world. pies to six thousand. But, sir, I shall not waste the time of the House by Here the expiration of the hour put an end to the sub-gravely arguing any such questions. This is not a conject for this day.

act.

MINISTER TO RUSSIA.

The House then took up the general appropriation bill; the question being on the motion of Mr. STANBERE, to strike from the bill the appropriation for a salary to the minister to Russia.

Mr. BURGES continued his remarks, commenced on Thursday last, and occupied an hour and a half in their conclusion. [They are inserted in connexion with the first part of his remarks.] When he concluded,

Mr. ALEXANDER obtained the floor, but yielded

test for principles of any kind. The sanguinary current of this debate manifests too clearly its aim and character. Gentlemen may shift and evade the question as they may, it is a mere personal war against the distinguished individual who happens to occupy the station in question. The war is out of place, and altogether too late. Where was all this affectation of a pious regard for the public interest--where the sleepless vigilance of the opposition, when the President nominated the gentleman from Virginia as our minister to Russia? Where was all the infuriate zeal of party in the Senate? Why was the unrelenting spirit of revenge so calm, when not a voice was heard for rejecting this nomination? Was it because the gentleman from VirgiMr. CAMBRELENG, who said, I thank my friend from nia was then here to defend himself? And is this war now Virginia for his courtesy in yielding me the floor, for there commenced because the Atlantic rolls between him and is nothing so disagreeable, Mr. Speaker, as slumbering on his adversaries? An opposition to his nomination at that these little animosities. I desire no lamp to barb my ar- time in the Senate would have been at least more approrows, or polish my weapons-no nightly errands of the priate and respectable than a contemptible attack upon a imagination to the commonplace reservoir of antiquity- minister's salary, as a mere apology for calumniating the no pleader's brief to prompt me in replying to the gentle-individual, and to gratify the most pusillanimous of our pasman from Rhode Island. I congratulate him, sir, that, af- sions. But the war, sir, is in perfect keeping with its origin ter three weeks' hard study-two days' severe and labo- it is a war of revenge-all weapons are deemed honorrious rhetoric, and with the fatiguing aid of copious notes, able, and a relentless animosity subdues every impulse of he has, at last, discharged his fire. I congratulate the generosity or magnanimity. House that its alarming anticipations are over. More than I regret, sir, that the gentleman from Khode Island

it to

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