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Kentucky in the decision of that case are not spread on record; and it is well known to be the law, that residence must be made out by facts, being, as it were, a compound of act and intention; and the declarations of a party at the time go to show intent, and form a part of the rejesta of the transaction; and all the main circumstances must be shown to prove the actual state of the fact, which is not attempted in the case referred to. Upon what reason, then, the majority of the committee can apply the case of Ellison to the Danville students, without knowing the facts connected with his residence, I am at a loss to know; and, as they have not been pleased to give the principle upon which they acted, I must suppose that at least this branch of the report was penned without due consideration. Upon this subject I am well acquainted, from my own personal knowledge of the facts. I knew Ellison from my boyhood; he was my neighbor; he had a family, became embarrassed, and left them without making any declaration whatever of his intention. He wandered down the Mississippi and into Texas, and at length returned to his family, after an absence of some four or five years, and was residing with them in Montgomery county, when he gave his vote for Mason. If these facts had been known to the gentleman from Georgia, [Mr. Jos Es, I am sure he, and others acting with him, would not have contended that this case formed a principle for the exclusion of the students of the Danville college. If Ellison had made his departure with his family, no one would contend that he had not lost his residence, and would not have been a legal voter. Let us now see the different situation of the Danville students. It appears from the depositions that they are all single men, some upwards of twenty-seven years of age, and, having resided at the college from two to five years, they work on the roads, pay tax, and perform militia duty; the declare their intention not to return again for the purpose of making their home with their parents; and some state, when they finish their education, they intend to go where Providence shall di. rect. From these facts the inquiry is fairly presented, Are these persons legal voters of Mercer county, according to the constitution and laws of Kentucky? The constitution, in express terms, gives the right of voting “in the county or town in which he may actually reside at the time of the election.” Will any one seriously contend, after viewing these expressions, and the facts referred to, that these students did not actually reside at the college in Mercer county at the last election? If they did not, I beg of gentlemen to inform me where they did reside. I believe such a question will puzzle the wits of the opposition to give an answer. When men locate themselves, work on roads, pay tax, perform militia duty, and engage in the business of the county, without avowing any other home, do they not become citizens of the place to all intents and purposes? They not only actually reside there, but, according to the animus manendi, become domiciled according to the definition of the civil law, for which the gentlemen have so strenuously contended. Yet this class of citizens are denied the right of suffrage by the majority of the committee of investigation; their rights are involved in this inquiry; they have a deep interest in the decision of this House; and upon the decision depends that invaluable privilege which alone belongs to freemen; and 1 am sure the House will pause and ponder well before they rob them of it. Some gentlemen contend that the right of voting is acquired by domicil, by which they say is meant the habitation in a place, with an intention of always staying there. It is not necessary for me to inquire whether such is really the meaning of Vattel, as it is contended; it will meet my purpose to prove that such is not the language or the meaning of the constitution of Kentucky, which I think I have assuredly done. According to our practice, which is never questioned, circuit riders
but for a year, have ever voted, and their right is clear beyond a doubt; but the absurd and unjust principle here advanced would cut them off, and perhaps render their situation such that they could never exercise the right. The governor of Kentucky, who has only a temporary residence in the town of Frankfort, exercises the privilege of voting, and no doubt the President of the United States has the right of voting in this city. He does not now reside at the Hermitage. His residence is at the White House, and how long he will continue there no one can tell. Mr. Speaker, the resolution now before the House is intended to deprive Mr. Letcher of the seat, notwithstanding he has the voice of a clear majority of legal voters. By this resolution we are called upon, under the pretext of certain strange constructions, to defeat the will of the sovereign people—to exclude votes—to disfranchise brave, virtuous, and independent freemen. We are called upon to deprive the people of the fifth congressional district of their legal representative, and sanctify the corrupt acts of Alfred Hocker. We are called upon to say that those people shall not have the right to choose their public servant, as guarantied to them by the constitution of the country, but we will make the choice for them—no, no, that the power shall be given to Alfred Hocker. Yes, I say we are called upon to give a decision which will put it in the power of a mere deputy sheriff to defeat the will of the people, and put down a legal member of Congress, just according to his will and pleasure. I pray the House to pause, reflect, and consider well, before they act. Mr. Speaker, I have endeavored to show the inconsistencies of gentlemen, and point out the contradictions, one against the other, even of those who stand together in a common cause. They seem, as it were, to have wantonly pulled some machinery asunder, without being able to replace the several parts. I have endeavored to aid them by placing, as I conceive, the several parcels in proper order, and in such a way that the whole, if I may be allowed the expression, is now a unit; such, I hope, is my argument. I know that I have said some things, perhaps, not very pertinent to the subject-matter before the House. My object was not to weary, but to give some relief—add some variety to a dry debate. Without a little spice, men will not swallow every thing. I am now quite exhausted, and must come to a close. ... If any thing is left to be said, other gentlemen can follow. I hope that I have not hurt the feelings of any one; I did not intend it. If I shave a little, I wish to do it smoothly. It is never my design to cut with scalpel or kitchen knife; but, as a political doctor, I had rather, in the language of Colman’s song, prescribe sodorifics and going to bed. When Mr. Davis had finished-his remarks— Mr. JoSES (chairman of the Committee of Elections) moved to amend the resolution reported by the committee, by inserting the words “by qualified voters” after the words “votes given,” so as to present to the House the question, whether votes given by qualified voters at Lancaster, in Garrard county, before the hour of ten o’clock, should be allowed or not; and also to strike out the word “casual,” before the words “absence of the sheriff,” so as to designate votes given while the sheriff was purposely absent from the poll, and present the question whether such votes should be allowed. Mr. J. replied at some length to the speech of Mr. Davis; and, when he concluded his remarks, The House adjourned.
THURs DAY, MAY 29. BANK U. S. INVESTIGATION. Mr. J. Q. ADAMS obtained the unanimous consent of
and other ministers of the gospel who reside in a county
the House to submit the following resolutions:
Mar 29, 1834.]
Resolved, That the select committee of this House, appointed on the 4th of April last, to investigate the proceedings of the Bank of the United States, be discharged from the further consideration of the subject referred to therein.
Resolred, That in the transactions of the said committee with the president and directors of the Bank of the United States, as set forth in the reports of the committee and in the correspondence annexed to the same, no contempt of the lawful authority of this House has been offered by the said president and directors of the bank, or by any one of them.
Resolved, That any order of this House to the Sergeantat-arms to arrest and bring to the bar of the House the president and directors of the Bank of the United States, or any one of them, to answer for an alleged contempt of the authority of the House, as proposed by the concluding resolution offered by the report of the majority of the said select committee, would be an unconstitutional, arbitrary, and oppressive abuse of power.
Mr. ADAMs said it was his intention to propose these resolutions as a substitute for those reported by the majority of the committee appointed to investigate the affairs of the Bank of the United States, when the reports should come up for consideration. .
On motion of Mr. A., the resolutions were ordered to be printed.
ADJOURNMENT OF CONGRESS.
The House then took up the joint resolution, submitted by Mr. Boos, fixing the 16th day of June for the adjournment of Congress. Mr. POLK said, although he felt that it was time to fix a day upon which Congress should adjourn, yet, considering the state of business before the House, the day named was too early. He had voted, on a former occason, for a postponement of the consideration of this subject, under the hope that, in the mean time, they would have made some progress in the important measures before them. But, in that time, scarcely any of public importance had been disposed o', with the exception of the bill making foreign silver coins a legal tender. The appropriation bills for Indian annuities, it was true, had been ordered to be engrossed for a third reading; those for the harbors and the Cumberland road were in a state of forwardness; that for the construction and repair of sortifications was in the Committee of the Whole on the state of the Union—so that it would not take a great while to disrose of them all. The bill to regulate the deposites in the State banks it was his design to call up immediately after these shall have been disposed of. And, having these in full view, he was constrained, although anxious for adjournment, to say that the 16th could not, with safety to the public business, be fixed upon. He would, therefore, suggest to the honorable mover of the resoluon a day by which, in all probability, these could be got through with. The 23d of June appeared to him to be that day which presented a reasonable prospect of accomplishing this object; and he hoped he would modify his resolution by inserting it. . Mr. BOON said he had already yielded to the suggestion of some honorable members, to prolong the day which in his opinion it was necessary for Congress to adJourn. The subject was now in possession of the House, and he did not feel authorized to modify it. He left it to the honorable chairman of the Committee of Ways and Means to propose an amendment to the resolution if he thought proper. . Mr. ELLSWORTH said he could only express his own individual opinion. He would vote for the earliest day at would be satisfactory to the House. The earlier the better There were bills on the table which he had indiged the hope would have been acted upon prior to an
adjournment. But he was now convinced they would not be, and that all that would be acted upon were those named by the chairman of the Committee of Ways and Means as of a public nature. He had indulged the hope that there would have been some expression of opinion, on the part of Congress, as to the reasons presented to them, by the Secretary of the Treasury, for the removal of the deposites by him from that place where they were placed by law; and he could only say for himself, (and he could not see how other members could escape from coming to the same conclusion,) that it was their duty to do so. The majority in the House was especially called on, by a due regard for the character of the Chief Magistrate, involved in the act of removal, for that of the Secretary, and for the bank; it was due alike from regard to the constitution and to their constituents, not to adjourn without a deliberate expression of their opinion. But he would not dwell upon this, further than to express his surprise that the House had not been willing to meet the issue presented to them by the Secretary, and thus declare whether his reasons were satisfactory or not. He had also hoped, before they separated, they, the representatives of the people, chosen to guard the public treasures, would have fixed upon some principles, some law by which those treasures were to be in future regulated. The member from Tennessee said he was desirous to take up the bill for this purpose. He (Mr. E.) would be most happy if there was any reasonable prospect that such a bill could be got through. He did not, however, suppose there was. The public treasure being at present without the safeguard of any known law, was to be left— [The SPEAKER said the gentleman must confine his remards to the subject before the House.] Mr. Ellsworth considered that he had a right to allude to this bill, as connected with the resolution to adjourn; but he would forbear. There was another subject, the disposition of the public domain, one of paramount importance, also, to be passed by, which he was most anxious to have acted upon. He foresaw that these would not be taken up, or, if so, not acted upon; and, feeling that the earliest day named would give sufficient time for all the bills that were likely to be passed, he would vote for that day. Mr. HARDIN could not concur in the views expressed by the member from Connecticut, as affording a good reason to adjourn at an early day; and contended that, with a due regard to the business before the House, and that which was before the Senate, the time specified was too short. The Senate, it should be recollected by the House, had, in addition to their other heavy business, much of what might be called vexed Executive business to act upon. He would, therefore, move to insert the 30th instead of the 16th of June. Mr. BEARDSLEY contended for the earliest day. He said that the House had been told, when the resolution was first introduced, that, if its consideration was postponed, they would be in a better position to decide upon the time that should be fixed. They had postponed the consideration of the resolution, and what was the result? The House knew, and the country knew, that scarcely any business had been done. They had done nothing, unless he might say it was something to put matting in the Hall; while that was doing, some honorable members were taking a trip to Virginia for amusement, and then having some talk about the Kentucky election. He believed nothing of importance would be attended to, unless there was a day fixed. He was glad, however, to see there was some unanimity as to fixing some day. That question was for the House, in its judgment, to fix. They were to judge for themselves what day was must proper for that purpose. It was not, as the honorable member
from Kentucky supposed, what day was to suit the Senate; for that body, if they conceived the 16th inconvenient, would, no doubt, fix upon another. He would contend, that if the House went to work seriously, with the determination to do business, instead of wasting time by having short sittings and long speeches, that they would have it in their power to pass all the appropriation bills that were necessary in three or four days, or, at the utmost, in a week. This would leave eight or ten days for the other business; in which time, if it was likely they were ever to agree on the bill to regulate the deposites in the State banks, they would do so. They could do so certainly within this time. But even if they did agree and pass this bill, he would ask, did any one suppose that, when passed, it would find its way through the other end of the Capitol? (the Senate.) The gold coin bill, too, was of importance; but, if there was no debate on it, a few hours would suffice for it. Whether, however, it should find, ultimately, favor with the Senate, he did not know, nor was it important. They had, also, the subject reported upon by the committee appointed to investigate into the bank, which honorable members might desire to debate. He should hope, however, that it would be disposed of without debate; if not, most certainly the 16th, nor the 30th of June, nor 30th of July, would suffice to gratify the capacity of the House, so well known to all, for lengthened debates. It was a sub
ject upon which gentlemen would talk until the end of
the next session. But the member from Connecticut [Mr. Ellsworth] thinks it incumbent on this House to express its views in a direct form on the reasons of the Secretary of the Treasury. So he would have the subject of the removal of the deposites once more revived, in order that the House should speak its views. This was, in his view, altogether inexpedient, as the House, to the satisfaction, he believed of the country, had fully spoken upon it. If the honorable member would look to the papers, he would daily find evidence of this. The whole country knew that the House had spoken, and spoken, too, against that institution, the Bank of the United States, which the honorable member advocates as the most proper place for the deposites. Mr. CHAMBERS would not have risen to trouble the House were it not that allusion had been made to the voice of the public; he could state that there had been some expression of it in two counties in Pennsylvania. That voice was, that the House should not think of separating, without devising and affording some relief from their sufferings, under the pressure of that ruinous meas. ure termed the experiment. Were it not for the impression that nothing, however, would be done, wearied as he was, in common with the majority of the members, he would have been content to remain. But he confessed, from all that fell under his observation, he had no hope or expectation that any thing could be effected by Congress remaining longer in session. This Congress met, he said, under circumstances of more than peculiar reponsibility. They had not only to transact the ordinary business of legislation, but the whole currency of the country was deranged, which it was their duty to regulate. The business relations of an entire community were upset—the national treasures were sent adrift, they knew not where—and, under such circumstances, it was not matter of surprise that their tables should be loaded with the supplications of the people; that they should look to the action of the House with much interest. Notwithstanding which, there was to be evidently no action with reference to this subject. This, which it was not in his power, or that of his friends with whom he usually acted, to prevent, it was, which made him content to fix upon a day to adjourn; he would prefer, however, the day named by the chairman of the Committee of Ways and Means, in order to evince that there was, at least, a
adjourn ment of congress.
the propositions except that for the 7th July.
disposition on the part of the House to pass upon much of the important business which must be left unacted upon if the earlier day was named. The most important, in his view, was that for the regulation of the deposites, connected with which was an inquiry into the condition of the State banks. Into their condition, a resolution calling for information, it would be recollected, was submitted by the honorable member from Massachusetts [Mr. J. Q. AnAMs] two months past; and although no official information on the subject was laid before Congress later than the 5th of February, yet this information had not been sent. Considering, then, the business before them, he believed that the House would be acting precipitately if they fixed upon an earlier day than the 30th of June; and if in that time the business of importance was not done, he would consent to go home and tell his constituents, not what they had done, but what Congress had left undone. Mr. PARKER proposed to insert the 23d of June. Mr. BURGES had been willing to protract the decision upon this question, in the hope that some accident, propitious to the welfare of the country, might have intervened, and induce the House to retrace its steps. But he had become satisfied that the moment the indispensable business was done the session should be ended. He had hoped that when distress and desolation were covering the land, the House would have done its duty. But the people must take the matter into their own hands. Whenever the bill placing the deposites of public money into the State banks should pass, a revolution would commence, and onght to commence. As to the resolutions reported by the investigating committee, no person dared to vote for that which proposed to drag freemen before the House for a constructive contempt. There was not a tribunal in the civilized world which would enforce suchı. a proposition. The only object in making it, was to take the eyes of the public from that individual who was grasping at the liberties of the people. Would the House adjourn and leave the public treasure in the hands of those marauders who have got possession of it? Would the House sit here-thirty days longer and not windicate its rights? Mr. H. FVEIRFTT moved to commit the resolution of Mr. Boon to a select committee, with instructions to re
The House refused to second the call: Ayes 87, no e
Mr. BEARDSLEY called for the yeas and nays on so
Mr. P. C. FULLER renewed the call for the yeas a
nays on the motion to insert the 7th July.
May 29, 1834.]
to withdraw the proposition. For himself he should
..?djournment of Congress.
Mr. BATES requested his friend [Mr. H. Evrnett]
Mr. VANCE said he should vote for this day, although he was in favor of a later day. No one could look at the state of our calendar without being convinced that, by the 23d, we could not act upon the ordinary business of the session, to say nothing of the bill respecting the deposites. What was the condition of the appropriation bills? The general appropriation bill, which occupied six weeks in its discussion here, had not yet been taken up in the Senate, and it could not be supposed that the Senate would finally act upon it by the 23d instant. Some of the appropriation bills would be lost if the 23d instant should be fixed. Mr. CAMBRELENG, in a few words, signified his concurrence in the proposition to fix upon the 30th of June, and he expressed the hope that there would be such a majority in favor of the motion as would evince an intention, on the part of the House, at least, to make an effort to despatch the public business. The question then recurring to the resolution as modified, with the insertion of the 16th June, Mr. POLK opposed it. Mr. BOON requested the honorable member from New York [Mr. BEARnsley] to withdraw his proposition for the 16th. Mr. BEARDSLEY declined. Mr. PICKSON called for the yeas and nays. Mr. WILDE wished, before he gave his vote, to learn from the gentlemen who composed the bank committee, how long a time they calculated it would require to discuss and act upon the report they had made to the House. He desired the earliest day of adjournment that would not interfere with that object. Mr. THOMAS rose, he said, to respond to the inquiry, cheerfully and readily. It was not for him to prescribe a rule of action to others in this House. But, without disrespect to others, he might undertake to answer the question which had been propounded. The committee of investigation, he said, were disposed to call up the resolutions reported by them, in good faith, and with a sincere, correct, and unequivocal determination to carry |them through. The gentleman from Georgia could anticipate, as well as any one, the length of time which a subject embracing so wide a range of topics would occupy. So far as his own opinion went, he must say that he thought it utterly impracticable to undertake to act upon the questions involved in the bank report, together with other business before the House, by the 16th instant. There were many appropriation bills to be disposed of, in two of which, the canal and national road bills, his immediate constituents had a grave interest. Besides, there was other indispensable business which would occupy the whole time of the House prior to the day named. It would be almost ridiculous to take up the subject of the bank report, and attempt to dispose of it, if the House fixed the 16th of June as the day of adjournment. He had had some conversation with his colleagues of the committee on the subject, and some of them concurred with him in the opinion that, if that day was fixed on for the day of adjournment, it ought to be considered as an unequivocal declaration by the House of a determination not to act upon the bank report. It would be impossible, in that case, to consider the subject, unless all other business should be postponed till the next session. He was bound to suppose that the resolutions would be adopted, and that they would elicit some discussion. If they were adopted, the measures consequent upon them would occupy some time. The fifth resolution proposed to authorize an attachment against twelve or fourteen individuals who had refused to testify, and committed other contempts against the authority of the House of Representatives. It would, perhaps, take the marshal or sergeant-at-arms a week to execute the process. Could it be imagined, then, that the House could dispose of so grave a subject in the time limited by the resolution, and H. of R.] .Adjournment of Congress. [May 29, 1834.
transact also the business before it that could not be post- That House, the popular branch of the Government, on poned? Every one of the members was as capable as he which the last hope of the people rested, as being the was of judging how long the subject would be discussed. last to shrink from the discharge of duty, the very last to The report came up on Tuesday next. He should, there-shake the high opinion that had been formed of their infore, think, if the House fixed upon the 16th instant for dustry, patriotism, and integrity--what sort of a spectathe adjournment, it ought to be laid upon the table. cle did they exhibit to a country so distracted; and most Mr. WISE said he would not throw the lead till he distracted by the example of that House itself? heard the cry of land from the mast-head; and he therefore | . They had been now in session for six months, and what moved to lay the resolution for adjournment on the table. had it been thus far but literally a session of words? They The yeas and nays were demanded on this motion, and had been engaged in measuring swords, and trying who being taken, resulted as follows: Yeas 65, nays 141. possessed the greatest powers of intellect. This was alMr. SPEIGHT said he had been in favor of the 16th, ways very pleasant to him; it gave him great delight to but was now induced to believe that the 23d would be listen to the speeches of gentlemen; but, when it came more acceptable. He moved the previous question. to action, what had been done? One gentleman would The House refused to sustain it: Ayes 72, nays 102. rise, and put it to another, in the manner of the British Mr. SPANGLER moved to strike out the 23d and in- parliament, to know what he intended to do?——and how sert the 16th. long he expected to occupy on this or on that subject? Mr. WILDE again inquired of the bank committee, This was only occupying time to no purpose. whether the 23d would be late enough to afford time to He was far from disparaging any members of that discuss their report? If it was true that a contempt had House; he had the greatest respect and regard for them been committed against the authority of the House; it all; he ranked them all above himself; but he could not would not, of course, adjourn, under the contempt. What approve of this waste of time. He had used his own feecourt of justice ever pursued such a course?' Mr. W. ble endeavors--he knew they were always very feeble— said his vote would be greatly governed by the opinion of to fix a day of adjourment two weeks ago. He did so the bank committee. because he was fully convinced that nothing would now Mr. CROCKETT said he was very anxious that the be done till a day of adjournment was fixed. He had 16th should be fixed upon. The proposal for that day been drudging in Congress now for twenty-seven years, had come from a very good quarter—a quarter where and he never had seen it otherwise. Gentlemen would there was responsibility. He had never believed the never leave off speaking and go to acting till they agreed gentlemen were in earnest about this bank report: and on a day to adjourn. He did not mean by saying this to now they discovered it. They were manifestly anxious insinuate that the Congress of the United States was less to get away, that they might leave the country excited|meritorious in this respect than other deliberative bodies; against the bank, as a monster that had done something far, very far, from it; on the contrary, he thought it one very mischievous. As the quarter from which this pro- of the most meritorious bodies on earth. He hoped he posal had first proceeded was able to bear the responsi- should not excite any unpleasant feelings by the remarks bility, he was of the mind that they should have it; and he felt it his duty to make. But his constituents were he therefore demanded the yeas and nays. constantly writing to him—men on both sides, on all Mr. CLAYTON having heard the gentleman from Ma- sides——“We pray you to come home: we can find out ryland [Mr. Thomas] say that he should consider a vote|nothing in the papers of what you are doing: do come for early adjournment as a resolution not to take up the home; you have been there too long: we want to see bank report, he had changed his mind; and now moved you; we know you can agree on nothing——we know this: to reconsider the vote by which the 30th of June had been come home: perhaps you can do something next session.” rejected for the day of adjournment. This was the strain of their letters. Mr. J. conclude ol Mr. LYTLE said he was in favor of the most distant day by again professing his desire to accommodate gentlemen. proposed. The honorable gentleman from IRhode Island and on that ground he should vote for the 23d of June. [Mir. Bung Es] had expressed the opinion that not more | Mr. CHILTON, after professing his uniform desire, than three members would be found to stand by the reso- from the first time the subject of adjournment had been lutons reported by the bank committee. He declared stirred, to vote for the earliest day proposed, proceeded his resolution to be one of them. He had no disposition to advert to a remark of Mr. Lytix, which, as he unto blench. The opposition presses had long been teem- derstood it, was, that no sooner did the opposition dising with injuntions on Congress not to adjourn; and sim- cover that an examination had actually been commences i ilar language had been re-echoed in the other end of the into the affairs of the bank than they were inclined to Capitol; but no sooner did the committee return, and de- skulk. clare that they had been treated by the bank with con- Mr. LYTLE denied having applied any such remarle tumely and scorn, than gentlemen were anxious at once to the members of the House; he had spoken of the to skulk. He, for one, was ready to keep his ground. presses throughout the country. Mr. R. M. JOHNSON thought that, if the House con- Mr. CHILTON was glad the gentleman did not direct sulted its own reputation, they would adjourn at as early his remarks to the members of that House. He, for orie a day as possible. . There was no man in the country who was certainly not for skulking. He had voted agains thought they ought to stay much longer. He said this raising the committee at all, because he believed it woul. with the kindest feelings to every member; he meant not end only in strife. And he regretted that the gentlernar the least reflection on their motives or conduct. For from Georgia [Mr. WILDE] had manifested a dispositio, himself, if he did not go on the principle of compromi- to carry on the warfare through the whole summersing his own opinions, out of regard to those of others, Gentlemen ought to remember that they were the repre he would vote for adjourning on the 16th; but, as that sentatives of one people, who constituted but one grees, was not acceptable to the House, he should now vote for family, having an identity of interests. Did any gent i.e. the 23d—only, however, because others desired that day. man believe that any good consequences would ensue He would venture to predict that, if the House should should they sit the whole summer through in angry cle sit through all June and July, they would not accomplish bate upon the bank question? It might furnish mate 1more business of real importance than might well be ||als for party warfare all over the country, and might, Ise, done between the present time and the 16th. What was haps, put one party down and another up, but it woul, I the present situation of the House? What sort of a spec- do nothing for the welfare of the country. tacle did they present before the eyes of the people? If the happy period should ever arrive when all woul