網頁圖片
PDF
ePub 版

FEB. 2, 3, 1825.]

known without.

Election of President.-Suppression of Piracy.

[H. of R. & Sen.

There was then no end to be accom- act by states and without debate. To prevent such posplished by the rule, but solely the prevention of disor-sible inconvenience and embarrassment was one object der; and the only question to be settled was, whether of the rule. Mr. M. bethe rule was necessary for this purpose. lieved it was not: he could conceive no reason to apprehend the smallest danger of it. He thought that, under the protection which they enjoyed on all other days, the House would be as free from disturbance on this, as on other occasions. As to the precedent which had been referred to, Mr. M. made some remarks, which, from his position in the House, the reporter but imperfectly heard.

Mr. WEBSTER said, he was afraid that an observation by the honorable member from Ohio, apparently made in allusion to his remarks, might lead to misapprehension. He had not intimated that the gallery might be filled by persons not entitled to consideration; no such thing. He only spoke of its size, and then only in consequence of the argument that the People of the United States might, from the galleries, superintend the votes of their Representatives. Superintend, he believed, was the word. His honorable friend from Virginia, (Mr. FLOYD,) seemed, in like manner, to have misapprehended him in this particular.

Even if the galleries should be cleared during the proceedings, at the request of a state, there would still be no propriety in speaking of the proceeding as done in conclave, or as kept secret from the people. The journal would be published daily, as usual. There would be no injunction of secrecy. It was a mere question about the orderly and décorous proceeding the police, as it were-of the House. As to the supposition that any gentleman wished to conceal his vote, or to act secretly, there was no one who supposed such a wish to exist any where. He was willing, every member was willing, that his vote should be known to every body, He had known questions which he thought as important as this. He might again. The occasion, however, might attract a multitude, and the object was to secure order, and freedom from restraint.

The gentleman from Virginia had objected to voting, on questions of adjournment, &c. by states. But it would be seen at once, that, as the election was to be made by states, every question fairly and really incident to the The constichoice, ought to be decided also by states. tution said the House should immediately elect a President. On the former occasion, the rule was, that the House should proceed, without interruption from other business, and without adjournment to choose a President. But the latter part of the rule was found impracticable, in fact, and avoided afterwards, by voting on one day, that the next balloting should not take place till the next day. So that all the members were, in fact, quietly sleeping in their beds, while the House, according to the journal and the rule, was all the time sitting. The vote to postpone the ballotting, from time to time, was, on that occasion, taken by states. The committee had thought proper, on this occasion, to recommend that the House might adjourn on the vote of a majority

of states.

He again hoped that too much importance might not be attached to this question. He had no fear of any great inconvenience either way. He saw no question of principle in it. It was a question of expediency; and he remained of opinion, that the rule prescribed a fit course, upon the whole, to be followed. He certainly was not likely to request the gallery to be cleared; but if any gentleman, or gentlemen, representing another state, should make such a request, he thought it ought to be granted. And, therefore, he approved the rule, in its present state. He would state again, and would particularly request the House to consider it, that there might be inconvenience and embarrassment, if this question were left to be decided, and should arise, after the House had commenced the proceeding, when it must VOL. I.-28

Mr. WRIGHT said, that, before the question was taken, he wished to correct the misapprehension of the gentleman from South Carolina, (Mr. HAMILTON,) as to the remarks he formerly made in relation to the kind of people that would crowd the galleries on occasions like the one contemplated. If I understood him right, (said Mr. W.) he supposed me to assert that none but the profligate and worthless people of this District would be found in the galleries, and that I considered none of them worthy a place there. Sir, I am not aware that I said any thing of the people of this District or City; and if I did, I never could have uttered sentiments so entirely foreign from my feelings as those imputed. I did say, however, that those who would crowd the galleries on such occasions, would be the unprincipled and profligate politicians of the country, ready for the exertion of any influence, however improper and desperate, to effect their object. In this sir, the people of this City or District were in no way implicated, and I protest against the gentleman's carrying these declarations into any account against them. Among my acquaintance in the City and District, I am pro: 1 to rank many for whom I entertain a respect not surpassed by any felt by the genany other persons whatever. tleman himself, for them, or

The gentleman from Virginia, (Mr. FLOYD,) has said, in allusion to what fell from me, that the intriguers will not make the galleries the theatre of their operations. No, sir, not altogether. I concur with the gentleman in part; but when they have exerted their influence out of doors, and accomplished all within their power there, they will then take possession of the galleries, to observe its effect and operation here.

A word, sir, as to the motion. It is to take from the delegation of a state the power to clear the galleries. In ordinary cases, the Speaker, or any member of the House, can do it. When we assemble to ballot for President, we lose our individual character, and proceed as the representatives of states, acting only as states; and I can see no danger in giving to the representatives of one sovereignty the power to clear the galleries. It is but a mark of respect to him, and, in my opinion, it is peculiarly fit and proper that he should have the power to exercise, if the occasion called for it.

Mr. M'DUFFIE, of S. C. observed, that as, in the course of the debate, principles had been advanced, against which he must protest, and against which he intended to vote, he was desirous of giving the subject some discussion, which the lateness of the hour would not, at present, admit him to do. He therefore moved that the committee rise.

The question on rising was put accordingly, and car-
So the committee rose, and ob-
ried, ayes 89-noes 71.
tained leave to sit again.

IN SENATE-THURSDAY, FEBRUARY 3, 1825.
SUPPRESSION OF PIRACY.

The Senate resumed the consideration of the bill to suppress Piracy in the West Indies-the amendment proposed by Mr. SMITH (granting aid to merchantmen to arm) being still pending.

On this amendment, and various propositions to modify it, in regard to the kind and quantity of armament required, the amount of premium, &c. a discussion took place, which continued about two hours. In this discussion, Messrs. SMITH, HOLMES, of Maine, EATON, MILLS, LLOYD, of Mass., D'WOLF, LLOYD, of Md., HAYNE, VAN BUREN, and FINDLAY, took part.

Finally the Senate refused to fill the blank for the premium with $100, with $75, and with $50. On the latter sum, the question was decided by yeas and nays, as follows:

YEAS-Messrs. Barbour, D'Wolf, Edwards, Hayne,

[blocks in formation]

Johnston, of Lou., Kelly, Lloyd, of Mass., Lowrie, Mills,
Palmer, Parrott, Ruggles, Seymeur, Smith, and Van
Buren-15.

NAYS-Messrs. Barton, Bell, Benton, Bouligny,
Branch Brown, Chandler, Clayton, Dickerson, Eaton,
Elliott, Findlay, Gaillard, Holmes, of Maine, Holmes, of
Miss., Jackson, King, of Alab., King, of N. Y., Knight,
Lloyd, of Md., Macon, Talbot, Taylor, Tazewell, Tho-
mas, Van Dyke, and Williams-27.

The question was then taken on the amendment itself, proposed by Mr. SMITH, and negatived without a di

vision.

[FER. 3, 1825.

Mr. TAZEWELL having delivered his views on the fourth section, proceeded to say, that, before he sat down, he should offer a remark on the circumstances which had been stated by the gentleman from Massachusetts, (Mr. MILLS.) When this bill was first introduced into the Senate, it was said to come under the patronage of the Executive: at that time some difficul. ties were started as to the question of public law, which become involved in it. One honorable gentleman whom he had in his eye, (Mr. LLOYD, of Massachusetts,) then very strongly argued before the Senate that, if there were doubts on that question, they ought to receive that bill, because it cam from the Executive. Those, it was said, who had consumed forty years in turning over the pages of Grotius, Puffendorf, and Vattel, by the midnight lamp, were far more capable of judging on this subject than the Senate could be. He noticed this circumstance

Mr. MACON then, for the purpose of ascertaining, as he said, whether the Senate were disposed to act at all on this bill, on this subject of granting encouragement to the merchantmen to arm, &c. moved to strike out the fourth section of the bill, which is as follows: "Sec. 4. And be it further enacted, That the command-now to express a hope, as an individual member, that, ers and crews of any armed merchant vessel of the United States be, and they are hereby, authorized to recapture any vessel and cargo taken by pirates upon the coast of the Island of Cuba, or the other Islands aforesaid, or on the adjoining seas; and such vessel, so recaptured, being brought into any judicial district of the United States, shall be adjudged to be restored by any Court of the United States, having admiralty jurisdiction therein, to the former owner or owners of the same, he or they paying for salvage not less than one-eighth, nor more than one-half of the true value of the said vessel and cargo, at the discretion of the Court, for the benefit of the recaptors, and in such proportions as the Court shall direct, which payments of salvage shall be made without any deduction whatsoever."

whensover any measure might be in discussion before the Senate, on any future occasion, that gentlemen would not introduce, by way of argument, in that House, an opinion of the Executive, as an authority and obligation. It was unparliamentary, and certainly wrong. The Senate, he said, was, under the Constitution, placed as a check on the Executive, with authority to revise the acts recommended by the President; and was this revising power, to be told, they should adopt any measure because it was recommended by the Executive? It was language not known in the Constitution of the United States. If a case should ever occur, that the Executive might have a greater attachment to any particular measure than it had to this, he trusted it would stand on its own merits, and not upon the recommendation of the Executive.

On this motion a debate arose, of considerable duration, in which Messrs. MACON, MILLS, TAZEWELL, Mr. MILLS said he felt himself exonarated, in the BARBOUR, and SMITH, took part. The debate turned remarks made by the gentleman from Virginia. He was principally on the expediency of inserting in this bill yet, however, to learn that it was unparliamentary and provisions already substantially in force; on the proprie-improper for the Senate to make use of the advice of ty of making any discrimination in the amount of salvage the Executive, after having condescended to ask it. If to be allowed for re-captures from the pirates in the they did not intend it should bave any effect, why did West Indies, and recaptures elsewhere; whether proper they ask it? The Senate, by a solemn vote, called on to fix the amount by the bill, or leave it to the discretion the President to know what had been done in relation to of the Court, &c. In the course of the debate, Mr. the suppression of piracy, and what he further recomSMITH moved to strike out the words which made the mended should be done? They themselves, had theresection applicable alone to Cuba and the West Indies, fore, committed the first fault, in asking that advice; and so as to leave the provision general; but no question was it certainly was proper to refer to that information after taken before the adjournment. having called for it.

Towards the close of the discussion of the questions just stated, the debate took a turn apart from the discussion of details, and assumed the following course: Mr. MILLS concluded his remarks on the amendment, by observing, that he felt he ought to have made the avowal the other day, in relation to the source from which this bill was derived. It had been called by some a measure of the Executive; others thought that the Executive Department of Government had this burthen thrown on him which did not belong to him, and he was held responsible. Mr. M. said, so far as he was concerned, he was willing that the Executive should be disabused, if he had been abused by any responsibility of this sort. It was a bill from the Committee on Foreign Relations; and inasmuch as the Executive had sanctioned it by his message, every honorable gentleman might apply this message to those provisions of the bill to which it was applicable. When he said it was not a measure of the Executive, he wished to be distinctly understood. The Secretary of State was called on, not for the purpose of drawing a bill to embody his own views, but to reduce to proper form the propositions which the committee themselves had agreed on; and so far as this went, the Secretary was concerned in preparing this bill, and no farther. It was not to be supposed, that, in consequence of being thus officially called on, he made himself or the Executive responsible for the propriety of that course.

Mr. LLOYD, of Mass. then rose, and said, he was called, rather unexpectedly, before the bar of the Senate, to answer the charge made against him; but he could only throw himself on his country, and plead not guilty. He did refer to the opinion of the Executive to enforce the bill. There was not a member of the committee but understood that it had been submitted to the Executive consideration, and he thought it was as parliamentary to refer to those distinguished living authorities-those celebrated men who had spent forty years of their lives in studying public law, as to refer to the lex scripsit, the opinions of dead men, delivered ages ago. He thought so still, and were a similar case to occur, he should pursue a similar course. As far as any inference might be drawn of a blind devotion, on his part, to any man, or set of men under Heaven, he solemnly disclaimed it. He meant to refer to the high national authorities in support of his own opinion: he felt how feeble he was, unsupported by such authority, and he hoped the gentleman would pardon him for saying that, as long as he had the honor of a seat on that floor, he should, in similar circumstances, pursue a similar course.

Mr. TAZEWELL said he should be very sorry to suffer the gentleman from Massachusetts, (Mr. LLOYD,) to remain, for one instant, under the impression that he intended any thing personal or disrespectful to him, or any one else: nothing could be farther from his idea than that; but, as a member of this Semate, he thought

[blocks in formation]

it did not comport with the dignity of parliamentary proceedings to allude to the opinion of the Executive, or any other branch of this Government, as an argument in debate. He contended it was unparliamentary, and had a right so to contend. The gentleman from Mass. might adopt the same course again, and he (Mr. T.) should feel himself bound again to make use of the same remark as often as the opinion of the Executive was, in the same manner, referred to there.*

[Sen. & H. of R.

had nothing to do with the bill-it was a mere individual concern. The gentleman from Mass. (Mr. MILLS, a member of the committee,) was asked to prepare the bill, merely in execution of the plans which the committee had proposed. The Executive was not responsible they having only the manual part to perform. But, when he stated that a blockade would be a material measure, then every gentleman favorable to that measure was justified in referring to that answer as the opinion of the Executive.

Mr. BARBOUR begged leave to make a remark or two. He said that when this subject was first presented Mr. HOLMES, of Maine, said, he agreed to the mode to the Senate, it was placed on its true ground. The of proceeding. He said their committees had in some Committee on Foreign Affairs wished to have suspend-instances called the Heads of the Departments before ed their report till they received an answer from the them. They had asked them questions, had received Executive to a resolution of the Senate, calling on the their answers, and had furthermore reported their anExecutive to state what means had been employed, and swers to the Senate. Whether that was the correct what additional means were necessary, for the suppres- course or not, he thought was important for the Senate sion of piracy; but, from the urgency of the case, and to know; whether they were to report an opinion of a express instructions from the Senate to make a speedy member of the cabinet, or Executive, to the Senate, unreport, the committee had, on its own responsibility, less it were made officially, was a question he should like and its own views of the subject, reported a bill, and it to see settled. His opinion was, that if the Head of a had been a subject of satisfaction and congratulation to Department was called before a committee for his opithe committee, to find that their own views, and those of nion, that opinion should be communicated to the Sethe Executive, were so nearly allied. As regards this nate in writing. To refer to the opinion of the Execuparticular case, said Mr. B., the Senate called on the tive, or any member of the cabinet, unless it were an Executive to ascertain what were the means best cal- official opinion, would not, perhaps, be correct. culated to effect the intended object. The Executive is permanent, has the management of international affairs, and is fully advised of the measures, that are necessary to effect any particular purpose. The Senate, acting as a body, called on him for information-and is it to be considered as acting contrary to the meaning of the constitution, for any member to refer to that answer which was given, to justify the course recommended? It

HOUSE OF REPRESENTATIVES.-SAME DAY. Mr. CALL, of Florida, submitted the following resolution:

Resolved, That the Committee on the Judiciary be instructed to inquire whether either of the judges of the District Courts of Florida have received fees for

* NOTE. The day on which this debate appeared in the National Intelligencer, the following letter was addressed by Mr. LLOYD, of Massachusetts, to the Editors, which was also published, and which it is thought proper, in justice to Mr. L. to append to the debate here.

February 4, 1825. Messrs. Gales & Seaton: Be pleased to insert the following in the next National Intelligencer, and oblige yours, respectfully, J. LLOYD.

GENTLEMEN: In giving a condensed account, in your paper of this morning, of a discussion that took place in the Senate yesterday, Mr. LLOYD, of Massachusetts, is represented as having said, "that those who had spent forty years in turning over the pages of Grotius, Vattel, and Puffendorf, by the midnight lamp, were far more capable of judging on the subject, "(the suppression of piracy, then under consideration,) than the Senate could be."

This is erroneous. Mr. LLOYD neither entertains that opinion, nor did he make so indecorous a comparison; and if a reference be made to his remarks, he trusts they will not be found to contain any expression warranting an imputation which he would unwillingly have attached to him, however much he might have been misunderstood.

In the letter of the Secretary of the Navy, of December 1st, communicated to Congress with his message by the President, the Secretary expressed his opinion, that, unless the co-operation of the local governments in the West Indies could be obtained, “additional means for the suppression of piracy ought to be entrusted to the Executive, to be used in such manner as "experience may dictate."

In accordance with this information, when the subject came up for consideration, a resolution passed the Senate, requesting the President to communicate to it information "as to the additional means necessary and expedient to be entrusted to the Executive."

In reply to this, the President stated, that three expedients occurred―

One by pursuit on shore,

Another by reprisals; and

A third by the blockade of the ports of the Island.

These documents were all printed and promulgated, by being laid on the tables of the Senators, and published in the newspapers, and, in the opinion of Mr. Liorn, furnished legitimate materials for the pending discussion, when the Committee of Foreign Relations brought forward a bill, authorizing, under certain, and very guarded circumstances, the imposition of a blockade of some of the ports on the Island of Cuba.

In advocating this principle of the bill, coinciding with information thus formally elicited and promulgated, Mr. Lɩorn, thought it both correct and pertinent, to endeavor to fortify his own opinions, by a reference to the high authority from whence the advice had been received; and in availing of this support, he felt no reluctance, in characterising the source from whence it came, in the terms which he thought merited, nor in expressing his stronger reliance on the judgment of living authorities, thus distinguished by their experience and acquirements, rather than on the lex scripta (not scripsit) of past ages, given under circumstances having perhaps little analogy to the subject under debate, the suppression of piracy, or to the state of the world at the present period.

This brief exposition, Mr. LLOYD considers as due to those whom he has the honor to represent, among the freest of the free, as well as to himself; for, while he will always delight to render honor to whom honor is due, he has in the course of a public life, now not a short one, never bowel the knee to any man in power, nor been an advoca te of the slavish doctines of human infallibility, nor of passive obedience, or non-resistance; nor has he ever sought, or received, official favor or patronage for himself, or others; but, while making this declaration, he would be ungrateful were he not to acknowledge, that he has never failed to meet, as occasions for their manifestation presented, from every member of the General Government with whom he has been brought into contact since 1808-although sometimes at variance with them in political opinions-all the kind and gentlemanly attentions which he wished to receive, or was entitled to expect.

[blocks in formation]
[blocks in formation]

SIR: I have had the honor of receiving a note from you, addressed to me, as United States' Attorney for East Florida, and asking information whether the Judge of the Superior Court of that district has ever charged fees for services performed in his judicial capacity. At the May term of the Superior Court of East Florida, in 1824, Judge Smith established a number of rules for the government of the practice of his Court, by which provision is made for the transacting and doing of much business in vacation, which previously had been done in term, viz: such as making orders for commissions to take foreign testimony; and hearing and deciding on motions for amending pleadings, &c. and other matters and questions generally aiding in the usual progress of a suit. For all which services, when performed, Judge Smith has charged fees. I have paid them, and I believe every attorney of his (Judge Smith) Court has done the

same.

It is proper to mention, that in the United States and
territorial cases, Judge Smith has never charged fees.
I remain sir, your very obedient servant,
Feb. 2d, 1825.

tion.

EDGAR MACON.

Mr. CALL then rose, and said, it had become his painful duty to arraign before this House one of the judicial officers of this government-a duty on which he entered with reluctance and regret. But it was one from which he could not shrink, when he considered that he should be wanting in fidelity to the interests of hose whom he represented, if he were to permit the charges alleged against this individual to pass without investigaIt is stated, said he, by a gentleman whose reputation for honor, integrity, and intelligence, cannot be questioned a gentleman who occupies the respectable and responsible station of District Attorney of the United States for the district of East Florida, that the Hon. JOSEPH L. SMITH, a Judge of the District Court of the United States, receiving from this government a salary of 1500 dollars per year, has so far forgotten the respect which he owes to himself, and the elevated station which he occupies, as to demand and receive fees for the performance of those duties which properly belong to his judicial character.

[FEB. S, 1825.

of emigration, in pursuit of fortune, or a better home. They look to you for protection, and they look to your officers for examples of justice and morality. Sir, the paltry pence which the learned judge has wrung from the hands of honest industry, or from the unfortunate victim of oppression, who has sought protection in your courts of justice, is not the only evil we deprecate; it is the pernicious effect of his example in showing a disregard to law, reason, and decorum, which we most deplore. For my own part, sir, I have ever considered, that he who presides in the temple of justice should be as pure and unspotted as he who officiates at the altar of the Most High; and that ignorance or corruption in your judiciary, is an evil not less to be lamented than apostacy in your religion.

From what cause, sir, has this extraordinary conduct of the judge originated? Surely he will not plead ignorance of law, reason, and the rules of decorum? If he does, sir, he is unworthy of the administration of justice. Is he corrupt-does he pervert reason, and misconstrue law, to gratify his avarice? If so, let him be hurled with indignation from the bench he has dishonored, and dismantled of the robes whose purity he has polluted. I am aware, sir, that he will endeavor to shelter himself under the statute book of the territory; but let me tellyou, sir, he will find no protection there. There is no section or provision in the laws of the territory, which allows him the privilege of demanding fees. He knows that it was never the intention of the Council to allow him this privilege. I, sir, was an humble member of the Legislative Council which enacted those laws; it sat in St. Augustine, the residence of Judge Smith. Twice, during a short session, did the friends of this gentleman propose to allow him fees of office for the performance of his judicial duties, and twice was that proposition rejected, with disdain, by the Legislative Council. Hence, sir, I have not even the charity to believe that he has sinned through ignorance, or that he has committed an honest error of judgment. If I mistake not, he heard the discussion which took place in the Legislative Council, on the proposition to allow him fees, and he knows it to have been rejected. Sir, I blush to have been the organ of communication to this House, of so unusual, and so disreputable an occurrence. But, sir, it is your officer of whom we complain; you sent him to us, and we ask you to take him away. I hope, sir, the resolution under consideration will be adopted, and that the most prompt and energetic measures may be taken by the House to promote this investigation.

Mr. FOOT, of Connecticut, said he presumed there could be no objection to the adoption of this resolution, proposing an inquiry merely. His only regret in regard to it was, that the gentleman had thought it necessary, in this stage of the business, to have gone into a statement of the facts of the case. He could have wished that the gentleman had reserved his facts until the report of the committee should have been made.

The question was then taken on the resolution, which was agreed to without opposition.

APPEAL BY THE SPEAKER TO THE HOUSE.

Sir, in the various departments of this government, there is no power so absolute, and none which should be administered with more wisdom and purity, than your Judiciary. It is the sanctuary to which all must fly when life, fortune, and reputation, is endangered; and the interest of the whole community demands that its purity and integrity should be preserved even beyond suspicion. Sir, in those sections of your country where so- The SPEAKER, (Mr. CLAY,) rose from his place, ciety is well organized, and where its moral influence is and requested the indulgence of the House for a few calculated to suppress vice, and promote virtue, even moments, whilst he asked its attention to a subject, in there, no institution is more necessary than an intelligent which he felt himself deeply concernned. A note had and virtuous judiciary. But this necessity becomes more appeared this morning in the National Intelligencer, unimperious in a country whose society is scarcely yet der the name, and with the authority, as he presumed, formed-where strangers have congregated from all of a member of this House from Pennsylvania, (Mr. parts of the world, speaking every variety of language, KREMER,) which adopted, as his own, a previous letter, and possessing every variety of passion, prejudice, and published in another print, containing serious and inopinion, common to their several countries and educa-jurious imputations against him, and which the author tion.

Sir, Florida is yet peopled by persons who are strangers to your laws, your language, and your government, or by adventurers, who have been driven, on the wave

avowed his readiness to substantiate by proof. These charges implicated his conduct, in regard to the pending Presidential election; and the respectability of the sta tion which the member holds, who thus openly prefers

FEB. S, 1825.]}

The Speaker's Appeal to the House.

[H. of R..

Mr. LIVERMORE, of New Hampshire, observed, that he did not see how it was possible to enter the communication of the Speaker on the Journal, since it was merely verbal; and he moved to lay the motion of the gentleman from Georgia, (Mr. Forsyн,) on the table, until the House should be in possession of that communication in a written form.

them, and that of the people whom he represents, enti- Mr. FORSYTH suggested to the gentleman from Virtled them to grave attention. It might be, indeed, wor- ginia, and to the House, that there was no necessity for thy of consideration, whether the character and dignity taking an order, such as had been spoken of, for reof the House itself did not require a full investigation of ducing the address of the Speaker to writing. He took them, and an impartial decision on their truth. For, if it for granted that the address of the Speaker, to-day, they were true, if he were capable, and base enough, to like his address when he enters the chair, or leaves it, betray the solemn trest which the Constitution had con- though orally delivered, might be entered on the Jourfided to him; if, yielding to personal views and consider- nal: this was a matter to be arranged by the Speaker ations, he could compromit the highest interests of his and Clerk; all that was necessary was for the House to country, the House would be scandalized by his continu-direct the address to be entered on the Journal. ing to occupy the chair with which he had been so long honored in presiding at its deliberations, and he merited instantaneous expulsion. Without, however, presuming to indicate what the House might conceive it ought to do, on account of its own purity and honor, he hoped that he should be allowed respectfully to solicit, in behalf of himself, ar. inquiry into the truth of the charges to which he referred. Standing in the relations to the House, which both the member from Pennsylvania and himself did, it appeared to him that here was the proper Mr. FOOT, of Connecticut, said, there was a manifest place to institute the inquiry, in order that, if guilty, propriety in the course proposed by the gentleman from here the proper punishment might he applied, and, if in- Georgia. The Journal is, at all times, under the revinocent, that here his character and conduct may be vin- sion of the Speaker of the House. The entry of this addicated. He anxiously hoped, therefore, that the House dress, under the direction of the House, will of course would be pleased to direct an investigation to be made be made under the direction of the Speaker, and it was into the truth of the charges. Emanating from the not to be supposed that it would not be properly stated. source which they did, this was the only notice which There was, besides, a manifest impropriety in the temhe could take of them. If the House should think pro-porary Speaker receiving a letter from the actual Speakper to raise a Committee, he trusted that some other than the ordinary mode pursued by the practice and rules of the House would be adopted to appoint the Committee.

The SPEAKER having concluded his observations, and called Mr. TAYLOR to the chair, in his place

Mr. FORSYTH, of Georgia, rose, and said, he hoped that the address of the Speaker would be entered on the Journal, and that the document, to which he had referred, should be laid on the table; and that the address and the document would be referred to a committee of nine members, to be chosen by ballot.

Mr. KREMER, of Pennsylvania, rose, and said, if, upon an investigation being instituted, it should appear that he had not sufficient reason to justify the statements he had made, he trusted he should receive the marked reprobation which had been suggested by the Speaker. Let it fall where it might, Mr. K. said, he was willing to meet the inquiry, and abide the result. Mr. K. moved that the "card" of the honorable Speaker, referred to in "another card," should also be referred to the committee, and entered on the Journal of the House.

Mr. FORSYTH said he had not intended to make any distinct motion about entering the "card" on the Journal of the House; but had supposed it proper that the Speaker's communication should be entered on the Journal, and, with the paper which gave rise to it, be referred to a committee.

Mr. MERCER, of Virginia, felt some difficulty as to the proper mode of proceeding in this case, and the insertion of the Speaker's address on the Journal of the House, on account of the address having been orally delivered. He had never heard of a proceeding exactly of this sort. It appeared to him, that the preferable way of bringing the subject before the House, would be for the Speaker to address a letter to the Speaker pro tempore, setting forth the cause of complaint which he had verbally stated to the House, and it would then be proper to refer that letter to any committee that might be appointed. He suggested this course as most becoming the House; and it was one which could occasion no delay, as a few minutes would be sufficient for the Speaker to commit his address to paper.

On the suggestion of the Acting Speaker, Mr. KREMER withdrew his motion to refer the "card," the proposition not being before the House to refer "another card."

The question on Mr. LIVERMORE's motion was put, and negatived.

er-it would be, in fact, Mr. Speaker, laying before the House a letter from Mr. Speaker.

Mr. M'DUFFIE, of South Carolina, expressed his regret that a motion to lay this subject on the table had not prevailed. It was very obvious that this was a question of great magnitude, involving a preliminary inquiry whether it is proper for the House to act on the subject at all. It comes upon us suddenly, said he-it is new, and unexpected. Under this sudden impression, by which the House is excited, we are called upon to act. Mr. M'D. submitted to the House whether it would not become its dignity to pause, until to-morrow, before it determined to take upon itself the investigation and settlement of a personal controversy, commenced elsewhere, on principles of honor. He was not certain that the House might not be properly called upon to act on this subject: but he was opposed to deciding that question now, and he was opposed to spreading the matter on the Journal, because doing so would commit the House to go on with the investigation. For his part, he could not say that he was prepared to go into the consideration of a subject, which, if opened here, might take up the remainder of the session.

Mr. LINCOLN, of Maine, said, that, according to his understanding, there were no charges presented to the House, on this occasion, against any one. If there had been, he believed they would not have been considered entitled to credit, by him, or any one else, very few excepted, in this House or in this nation. He viewed the whole matter as an out-door business. An anonymous letter had appeared in a public print, and certain cards had passed between individuals in relation to it; but in these the House had no certain-neither of these communications was before it. If indeed any thing had passed within the House, disrespectful either to the person or character of the Speaker, such was his regard for the station, such his respect for the feelings, and such his admiration of the character of that officer, that he should certainly be one of the first to afford him the investigation which he now requested, and which would then be his undoubted right, to assert his rights or redress his wrongs. But, as that was not the case, he thought any further prosecution of the business would merely be throwing a firebrand into the nation, that would kindle a flame in almost every breast within it. He hoped the House would not proceed hastily on this subject. The nation was already much excited. It looked towards

« 上一頁繼續 »