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РЕВ. 8, 1833.]

Military Orders.

[SENATE.

Mr. M. then resumed, and drew a parallel between $ition, that, in regard to any orders to an officer of the the course pursued by the British Government previous army or the navy, in time of peace, it had been usual, or to the war of the revolution, and that which was now pursued by the General Government against South Carolina. To sustain this view, he read copious extracts from the history of that period. After continuing in this strain for some time, Mr. M. yielded the floor to

Mr. SPRAGUE, who moved that the Senate now adjourn; which was negatived--Yeas 15, nays 16.

Mr. WEBSTER did not intend to oppose the motion; but rose for the purpose of giving notice that, for one, he should vote hereafter against any motion to adjourn before five or six o'clock, until the bill should be disposed of. The motion to adjourn was then carried without a di

vision.

FRIDAY, FEBRUARY 8.
MILITARY ORDERS.

The Senate, on motion of Mr. GRUNDY, took up the following resolution offered yesterday by Mr. POINDEXTER: "Resolved, That the President of the United States be requested to cause to be laid before the Senate copies of the orders which have been given to the commanding officer of the military forces assembled in and near to the city of Charleston, South Carolina; and also copies of the orders which have been given to the commander of the naval forces assembled in the harbor of Charleston; particularly such orders, if any such have been given, to resist the constituted authorities of the State of South Carolina, within the chartered limits of said State."

was proper, to make any exception whatever in calls upon the Executive. There were two classes of cases, in which, when calls were made upon the Executive for information, exceptions were made: the one, in the case of a pending treaty, when a disclosure of diplomatic papers or correspondence by the Executive might be detrimental to the public interest, in which case a discretion as to Mr. M. then resumed, and continued his argument that point was usually left to the Executive; the other until near 4 o'clock, when he again yielded the floor to class of cases was when, in time of war, a call was made Mr. TYLER, who said that the Senate had now suffi- upon the Executive for copies of orders issued to the ciently indicated their determination to sit till a late hour commanding officer at any particular station, in which every afternoon, for the purpose of bringing this debate case it was indispensably necessary to leave to the Exto a close, He would therefore move that the Senate ecutive a discretion to withhold them, or any part of them, now adjourn. because the disclosure of them might give warning to the enemy, injuriously to the interest of our own cause. But in time of profound peace with all the world, and at home, and at a time when no act of violence had been committed by any portion of the American people; when the strong arm of the Legislature was stretched out to the Legislature of one of the States of the Union, commanding them to retrace their steps, or abide the pains and penalties of treason; and when we see the assembly of land and naval forces on that station, and want to ask why the Executive assembles them, and what they are to do, Oh, says the gentleman, pray keep these orders Secret. Sir, what mischief can proceed, in this time of peace, from giving publicity to the orders to the commanding officers of those forces? Suppose a case: suppose that an order should have been issued to the military, if the Legislature of the State of South Carolina should attempt to assemble, to go into their halls and disperse them, or that an order should have been issued to capture certain individuals, and dispose of them under the second section. Gentlemen may smile at that, but I say, suppose the case of orders having been issued such as those which were issued under the administration of Lord North, for the seizure of particular refractory individuals, Mr. GRUNDY said he was in favor of the main object ought not such things to be known? I will not say why of the resolution, but he wished to propose a modifica- gentlemen wince at this call; it may appear, on a full tion of it before it was adopted. The first part of the disclosure, that there is something rotten in the State of resolution, he said, did not leave to the Executive that Denmark-yes, rotten, which will not bear examination. discretion, as to the extent and bearing of the information It may appear that the Executive is disposed to excite to be communicated, which was always allowed in reso-discord and civil war in the South, in order to have a lutions of this kind, that nothing might be required from pretext to march an army to overran the country. If no the Executive detrimental to the public interest. On such alarming disclosures are apprehended, why not let this occasion, he would barely say, without pretending to the resolution pass as originally moved? Coupled with any particular knowledge on the subject, that he believ- the amendment of the gentleman from Tennessee, Mr. P. ed the answer to the resolution, as he should propose to said he would withdraw his resolution, if he could. He modify it, would be satisfactory to the gentleman and the would thank that gentleman, he said, or any other, to tell Senate. His design in moving an amendment was not him what exception could be taken to the call which it to prevent the copies of all military orders issued by the proposed, in a time of profound peace, when the answer Government from being sent to the Senate, but to put it to it could not operate to the prejudice of our foreign in the power of the Executive, without being subject to relations. We have lately heard some strange docthe imputation of refusing to comply with a request of trines, Mr. P. said, about State sovereignty, and the suthe Senate, to withhold any thing connected with the premacy of the General Government; and, if not checked, papers called for which might involve private indivi- they will ultimately creep up to the supreme head of the duals. For himself, he was for withholding nothing that Government, which will be found granting privileges, it was proper to ask for, operate how it might. If there and issuing orders to the people, instead of deriving auwere any orders affecting the constituted authorities of thority and instruction from them. He was sorry to South Carolina, especially, he thought the Senate and see this opposition to his reasonable motion; it seemed to the people ought to have them, without any reservation. be indicative of a disposition to shroud in secrecy the Mr. G. then moved to amend the resolution, by inserting movements of the Executive authority; and if this amendafter the words "before the Senate," the words "so ment should be fastened upon his motion, he should take far as may in his judgment be compatible with the public the liberty, in future discussion, of drawing his own infeinterest."

The resolution being read-

Mr. POINDEXTER said he thought yesterday, from indications then given, that this call placed the gentleman from Tennessee in an awkward predicament, and he was now sure of it. After they had consulted their pillows, they had come to the Senate with a determination to des

rences as to the nature of the orders which gentlemen dare not call for. Sir, said Mr. P., there was a drawingroom last night, and great anxiety was manifested, it is said, on the part of some gentlemen, to get the ear of the President.

Mr. GRUNDY said, that whenever the gentleman from troy it if in their power to do so. He denied the propo- Mississippi should think proper to draw the inferences

SENATE.]

Military Orders,

[FEB. 8, 1833

which he had alluded to, they should be met with a posi-er. He had said, suppose that such and such orders were tive denial. Mr. G. would undertake to say, with the little given, that it would create a very different sensation in information that he had, that no military movement had this body, and throughout the United States, if these facts been made by the Executive, either against individuals or were made known; and the attempt to conceal facts, whatagainst the authority of the State of South Carolina. And, ever they were, left him at liberty to infer whatever he while the gentleman from Mississippi professed so great pleased from it. an anxiety to prevent or avert civil strife, Mr. G. asked Mr. GRUNDY said that there was no wish existing any whether the answer to his resolution, unlimited as it was, where to conceal any movement of this Government, bemight not lead to the very result which he deprecated? yond the wish to prevent conflicts which might arise among Now suppose the case, that some citizen of South Caroli- citizens of South Carolina from improper disclosures. We na, among the most respectable of her citizens, should know the unfortunate state of excitement which exists in have given information to the Executive, and that upon that quarter, and we do not wish such disclosures to be rethat information orders should have been issued; does the quired as might make them rush into instant battle one gentleman want the name of this citizen and all these cir-with another. Such might be the consequence of calling cumstances disclosed? [Mr. POINDEXTER, (in an un- for all papers on the subject from the Executive. These der tone:) Yes, the whole of them.] Would not such papers, therefore, he thought ought not to be made pubdisclosure lead to the immediate shedding of blood? [Mr. lic. As to the allusion which the gentleman had made to P. expressed, in an under tone, his disregard of the con- the drawing-room, Mr. G. said he did not pretend to unsequences.] I wish to see all that the Executive has done, derstand what he meant by it. said Mr. G., in continuation, but I do not wish to see all Mr. CALHOUN said there was not one word in this confidential communications which it has received thrown resolution which ought to provoke opposition; and he was before the public, the disclosure of which would be fol- very much surprised that, when a Senator rises in his place lowed by blood. That was what he wished to avoid. He to ask for the information required by the resolution, with had no objection to seeing copies called for of every order a view to understand what orders have been issued, and which the Executive had issued; but, if all communications whether these orders have been predicated upon any inwith the officers, confidential or otherwise, were to be dis- formation exclusively obtained by the Executive in referclosed, consequences might be expected to follow which ence to the state of things in South Carolina, it should be gentlemen who urge this resolution would themselves de- resisted. He was at a loss to imagine the motive for deplore. What did the gentleman want? To know what siring any concealment. Was he (Mr. C.) to understand the Executive had done of a public nature? The amend-that the President of the United States had been correment now proposed would not prevent his getting that in-sponding with any party in South Carolina, that he had formation in full. Gentlemen had better wait until they been receiving anonymous communications, and that he got the answer to the resolution before they undertook to has been acting on such anonymous information? What tell what it would disclose: they would then find that no- men would take information of this character in the prething like war was intended; nothing but defensive mea-sent excited state of the country, from a party in the sures, and those of the most pacific kind.

State, in order to ground thereon proceedings against Further, Mr. G. said, without knowing any thing of the South Carolina? What Chief Magistrate would correkind, he would suppose another case: that an officer was spond with a party under such circumstances? He could stationed at any particular post, whose feelings were too not imagine a state of things so unprecedented. If the strongly enlisted, in any way, as to interfere with a proper fact be as the Senator supposed; if it was necessary to discharge of his duty, and that information to that effect screen any body for acting improperly, let the responsi should have been given to the Executive; does the gentle- bility (said Mr. C.) rest on the President of the United man want that information? [Mr. POINDEXTER, (in an States. He may communicate what he thinks proper. under tone:) Yes, I want that.] Did gentleman want to He wished to let the whole rest on the responsibility of the degrade the officer, Mr. G. asked, or to ask from the Ex-President. The whole course of the opposition to the ecutive information which it would be improper for him to resolution was most extraordinary, and calculated to prodisclose? If the gentleman wanted to know what had duce excitement in South Carolina. Was he to underbeen done by the Executive, to that Mr. G. had no objec-stand that the President of the United States has been setion; but, when he wanted copies of all communications cretly corresponding with that party which stood in oppothat had passed, such a disclosure might produce great sition to the majority in that State, and that he was promischief, and could do no good.. ceeding to act under the representations thus obtained, inOne branch of that resolution Mr. G. himself wished to stead of adopting that plain and open course of action see answered. If any thing had been meditated against which would become the highest Executive officer? The the authorities of the State of South Carolina, he wished sensation which would be produced by the imperfect into know it all; for, if any thing of that sort was to ap-formation which would be obtained by the resolution in its pear, Mr. G. would think with the gentleman from Missis-amended form, would be far greater than any which would sippi, that the President of the United States had trans- arise out of the publication of the entire facts. cended his duty, and, much as the Executive possessed The hour of 12 striking at this momenthis confidence, he would not stand in the way of his be- The CHAIR arrested the discussion, and stated that, ing made amenable therefor to the American people. I according to the resolution, directing that the special order think, however, said Mr. G., that we had better forbear shall be called at 12 o'clock till the end of the session, he all remarks such as those about punishing under the second considered it to be his imperative duty to announce it at section, &c. until we have some facts to ground them upon. that hour; and he desired to have the sense of the Senate I have seen no attempt or disposition on the part of the to the contrary, if, in its opinion, his construction that the President of the United States to proceed lawlessly in re-arrival of the hour cut off all business which was pending ference to this matter. Does the tone of his communica- was not the correct one.

tions to us savor any thing of action under the second sec- Mr. KING expressed his belief that the practice of the tion? Has any lawless or unconstitutional temper been Senate under this resolution should be the same as it was manifested here? I am very glad the gentleman has in- when one o'clock stood as the hour for taking up the spetroduced his resolution, sir; if he had the power to with-cial order. It had been the practice to take up the special draw it, I would myself renew it. order after any morning business under consideration Mr. POINDEXTER rose to explain. He had not said should have been discussed, if even it somewhat overstepthat the President had exercised any unconstitutional pow-ped the hour.

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Mr. CALHOUN intimated that the practice was to take up the special order after the disposition had been made of any pending business, and that it had not been the practice for the CHAIR to call it in the midst of a discus

sion.

Mr. SMITH considered that the resolution made it imperative on the CHAIR to call the special order at the hour specified.

Mr. FOOT expressed a similar opinion; and reminded the Senate that he had objected to the resolution previous to its adoption, on the ground that it would prevent the third reading of any bill which might be before the Senate during the rest of the session. As the resolution had been adopted, it was the duty of the CHAIR to call the order at the hour.

Mr. GRUNDY wished to know whether he was to suspend his reply to the Senator from South Carolina until to-morrow? He wished the point of order to be settled, that they might go to work about something.

Mr. KING sustained the view taken by the Senator from Connecticut, as to the obstruction which the resolution would, as construed by the CHAIR, throw in the way of public business.

Mr. WILKINS said, that if he might be allowed to put his own construction on his own language, when he draughted this resolution, he intended it to be imperative. Mr. POINDEXTER said, the response to the resolution, now under debate, was of great importance to the progress and end of the bill under discussion. If it was to be sent at all to the President, it ought to be sent immediately. He wished to allow the Senate an opportunity to take the vote upon it, and he would therefore move, for the present-for he did not wish to trespass too long on this favorite special order—to lay the special order on the table.

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ing on this measure, he thought it but proper that we
should understand between what parties the controversy
existed.
Soon after the declaration of war by the United States
against England, an American vessel fell in at sea with
one of England, and gave information of the declaration.
The English master inquired, with no little warmth of
manner and expression, why the United States had gone
to war with England? The American answered him, that
difficulties had existed, for a good while, between the two
Governments, and that it was at length thought, in Ame-
rica, to be high time for the parties to come to a better
understanding.

I incline to think, Mr. President, that a war has broken out here which is very likely, before it closes, to bring the parties to a better understanding. But who are the parties? Will you please to remember, sir, that this is a measure founded in Executive recommendation? The President, charged by the constitution with the duty of executing the laws, has sent us a message, alleging that powerful combinations are forming to resist their execution; that the existing laws are not sufficient to meet the crisis; and recommending sundry enactments as necessary for the occasion. The message being referred to the Judiciary Committee, that committee has reported a bill in compliance with the President's recommendation. It has not gone beyond the message. Every thing in the bill, every single provision, which is now complained of, is in the message. Yet the whole war is raised against the bill, and against the committee, as if the committee had originated the whole matter. Gentlemen get up and address us, as if they were arguing against some measure of a factious opposition. They look the same way, sir, and speak with the same vehemence, as they used to do when they raised their patriotic voices against what they called a coalition."

Mr. BROWN said he should vote in favor of the motion" of the gentleman from Mississippi.

Now, sir, let it be known, once for all, that this is an

The CHAIR said it was not in order to debate a motion administration measure; that it is the President's own to lay the bill on the table.

Mr. POINDEXTER withdrew his motion.

measure; and I pray gentlemen to have the goodness, if they call it hard names, and talk loudly against its friends, not to overlook its source. Let them attack it, if they choose to attack it, in its origin.

Let it be known, also, that a majority of the committee reporting the bill are friends and supporters of the administration; and that it is maintained in this House by those who are among his steadfast friends, of long stand

Mr. BROWN then said, that he was against the postponement of this discussion. So long as it should be before the Senate, the existing excitement would be kept up throughout the country. He did not believe that there was any necessity, in discussing the bill, for the information which the resolution proposed to call for. He did not perceive that it would at all aid the Senate in the discussioning. of the bill before the Senate. Whenever a vote should, It is, sir, as I have already said, the President's own therefore, be taken on the resolution, he should give his measure. Let those who oppose it, oppose it as such. vote against it. He deemed it to be the duty of the Sen-Let them fairly acknowledge its origin, and meet it acate to pour oil on the agitated billows, and not to excite them to more dangerous and tumultuous action.

Mr. POINDEXTER then renewed his motion to lay the special order on the table, and asked for the yeas and nays, which were ordered, and

The question being taken, was decided as follows: YEAS.-Messrs. Bibb, Brown, Calhoun, Chambers, Clayton, Forsyth, King, Miller, Moore, Poindexter, Tyler

cordingly.

The honorable member from Kentucky, who spoke first against the bill, said he found in it another Jersey prison ship; let him state, then, that the President has sent a message to Congress, recommending a renewal of the sufferings and horrors of the Jersey prison ship. He says, too, that the bill snuffs of the alien and sedition law. But the bill is fragrant of no flower except the same which perfumes the message. Let him, then, say, if he NAYS.-Messrs. Bell, Black, Buckner, Dallas, Dicker-thinks so, that General Jackson advises a revival of the son, Dudley, Foot, Frelinghuysen, Grundy, Hendricks, Hill, Holmes, Kane, Knight, Naudain, Prentiss, Rives, Robbins, Robinson, Ruggles, Smith, Sprague, Tipton, Tomlinson, Waggaman, Webster, White, Wilkins, Wright

-11.

-29.

REVENUE COLLECTION BILL.

principles of the alien and sedition laws.

The honorable member from Virginia [Mr. TYLER] finds out a resemblance between this bill and the Boston port bill. Sir, if one of these be imitated from the other, the imitation is the President's. The bill makes the President, he says, sole judge of the constitution. Does he mean to say that the President has recommended a measure which is to make him sole judge of the constitution? The bill, he declares, sacrifices every thing to arbitrary power-he will lend no aid to its passage-he would raMr. WEBSTER said he wished to interrupt the course ther "be a dog, and bay the moon, than such a Roman." of the debate for a single moment, in order to set one mat-He did not say "the old Roman." Yet the gentleman ter right, if he could. Since a warm controversy was ris- well knows, that if any thing is sacrificed to arbitrary pow

The Senate then proceeded again to the special order of the day, being the bill making further provision for the collection of the revenue.

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er, the sacrifice had been demanded by the "old Roman, as he and others have called him; by the President whom he has supported, so often and so ably, for the Chief Magistracy of the country. He says, too, that one of the sections is an English Botany Bay law, except that it is much worse. This section, sir, whatever it may be, is just what the President's message recommended. Similar observations are applicable to the remarks of both the honorable gentlemen from North Carolina. It is not necessary to particularize those remarks. They were in the same strain.

Therefore, sir, let it be understood, let it be known, that the war which these gentlemen choose to wage, is waged against the measures of the administration, against the President of their own choice. The controversy has arisen between him and them, and, in its progress, they will probably come to a distinct understanding.

Mr. President, I am not to be understood as admitting that these charges against the bill are just, or that they would be just if made against the message. On the contrary, I think them wholly unjust. No one of them, in my opinion, can be made good. I think the bill, or some similar measure, had become indispensable, and that the President could not do otherwise than to recommend it to the consideration of Congress. He was not at liberty to look on and be silent, while dangers threatened the Union, which existing laws were not competent, in his judgment, to avert.

[FEB. 8, 1833.

first time that he had been placed in opposition to mea-
sures of which the President was the source, or of which
the President approved. It had been his fortune here to
be more than once opposed to some Executive measures.
He did not find fault with this bill, because the Senator
from Massachusetts and his friends approved of it; for if
the bill had his own approbation, he would support it,
even if the President was opposed to it. But he was
obliged to the gentleman from Massachusetts for the sug-
gestion of the real source of the measure. He was now
led to understand that it came from the President. [Mr:
WEBSTER: Not so. The bill was from the committee;
but no one can read the bill and the message without say-
ing that the bill is founded on the message.] Mr. TYLER:
Then the President did not prescribe the forms of the
bill. Eut, if the President has sent us a Botany Bay bill,
he (Mr. T.) would call it so, and as such oppose it.
Mr. WEBSTER would merely remark, that the com-
mittee to which he belonged were in the habit of drawing
their own bills. The facts were, that the President, in
the discharge of his official duties, had recommended
certain measures to meet certain events; in his annual
message he had suggested that he might have occasion
to take this course; in his late message, he had recom-
mended specific provisions for specific cases; and the
Committee on the Judiciary had framed a bill in accord-
ance with those provisions.

Mr. BIBB could not, he said, help being surprised at Mr. President, I take this occasion to say, that I sup- the remarks which had fallen from his honorable friend, port this measure, as an independent member of the Sen- the Senator from Massachusetts. He would like to know ate, in the discharge of the dictates of my own con- what part of his official conduct had given that gentleman science. I am no man's leader; and, on the other hand, reason to suppose that, in respect to all measures before I follow no lead, but that of public duty, and the star of this body, he did not act upon his own responsibility and the constitution. I believe the country is in considera- judgment? What reason had the gentleman to suppose ble danger; I believe an unlawful combination threatens that he was the humble and subservient tool of any man, the integrity of the Union. I believe the crisis calls for and constrained to vote this or that way? He threw back a mild, temperate, forbearing, but inflexibly firm execu- the imputation. He threw it not on any Senator, but he tion of the laws. And, under this conviction, I give a threw it back indignantly from himself. Have we come hearty support to the administration, in all measures to this, that an independent sentiment cannot be expresswhich I deem to be fair, just, and necessary. And in sup-ed on this floor, on the individual and official responsibiporting these measures, I mean to take my fair share of lity of a Senator, without his being taunted with the sugresponsibility, to support them frankly and fairly, with gestion that his opinions are in opposition to an Executive out reflections on the past, and without mixing other to- message? If the gentleman had no means of knowing pics in their discussion. the source of the measure, but from a comparison of the message with the bill, then his opinion is a matter of inference only. When he says that the bill is a response to the message, he means to say that in the judgment of the committee it was thus responsive, or that the committee intended to render it responsive. If that was the sense in which the Senator from Massachusetts says it is responsive, he would take it as a matter of inference, founded on the similarity between the bill and the message. He wanted to know whether there was any hidden light in regard to this matter; whether there was any secret connexion between the bill and the message?

Mr. President, I think I understand the sentiment of the country on this subject. I think public opinion sets with an irresistible force in favor of the Union, in favor of the measures recommended by the President, and against the new doctrines which threaten the dissolution of the Union. I think the people of the United States demand of us, who are intrusted with the Government, to maintain that Government; to be just, and fear not; to make all and suitable provisions for the execution of the laws, and to sustain the Union and the constitution against whatsoever may endanger them. For one, I obey this public voice; I comply with this demand of the people. I support the administration in measures which I believe to be necessary; and, while pursuing this course, I look unhesitatingly, and with the utmost confidence, for the approbation of the country.

He put it to the honorable gentleman to say-and he should pause for a reply-whether there was any link or communication between the bill and the message, other than that which was apparent? He denied that, according to his notion, the bill was in accordance with the Mr. TYLER then rose. He had never inquired, he message. If the President desired that any such power said, from what quarter the bill came. It had never en- should be given to him as this bill gives, he would find tered into his conception that it was a matter of the small- no expression of that desire in the message. He could not est consequence. It had never been his habit to look to imagine that any President would have the daring effronthe source rather than to the principles of a measure tery to ask of Congress to give him such powers. Thereupon which he was called on to decide. He did not op- fore, he would take it for granted that it was a matter of pose this measure because it was supported by the gen- inference merely. The bill responds to the message, in tleman from Massachusetts; and would the gentleman so far as it affords aid to civil process; but in so far as, by believe in his sincerity, when he declared that he would its first and fifth sections, it confides to the Chief Magisgive his support to any measure proceeding from the Sen-trate an inordinate discretionary power, it was not, in his ator from Massachusetts, which he himself approved, as mind, a fair inference that the bill was a response to the promptly and as heartily as if it proceeded from the very message, and that the President sought to be clothed highest officer of the Government. This was not the with the powers with which the bill invested him. Tor

FEB. 8, 1833.]

Revenue Collection Bill.

[SENATE.

rents of invective and reproach had sometimes been turn the committee proposed. But, at the suggestion that the ed against those who dared to raise their voices or give discussion would be continued, he gave way. their votes in opposition to measures of the administration. [Mr. MANGUM was entitled to the floor, but being deFor his own part, he had nothing to hope nor to expect tained from the Senate by indisposition, Mr. DALLAS from the administration. He sought nothing from it. rose.] Therefore, whether he withheld or gave the powers Mr. DALLAS said, that he found himself unexpectedly asked by it, was a question between him and his consti- in possession of the floor, in consequence of the indistuents; and, in a great struggle for civil liberty, he con- position of the Senator whom we would all have heard sidered himself an atom. with pleasure, and the cause of whose inability to proMr. WEBSTER said, it was unnecessary for the gen-ceed was a matter of general regret. He felt himself tleman from Kentucky to throw back any imputation, for taken by surprise, and should labor under some disadvannone had been cast. He had said nothing about subser- tage in addressing the Senate at this time. His own conviency to the Executive. In regard to the interrogatory dition of bodily health was somewhat similar to that of the of the gentleman-which he was not certain that he un- gentleman from North Carolina; but he trusted that, as derstood he would briefly reply, that the message hav- he proceeded, he should gather strength from the cause ing, in usual course, been referred to a standing commit- which he advocated. Representing a large, respectable, tee of this body, the committee sat down and drew a bill, but unassuming State, whose overwhelming democracy in conformity with the provisions recommended in the had for years sustained the administration of the Governmessage, as far as they could. He would tell the gentle- ment now existing, he had a plain and easy road to travel. man, that there was nothing in the 1st and 5th sections of He was impelled by the unanimous voice of his constituthe bill, which in the message is not recommended; and if ents, which, notwithstanding the opinion of the Senator the gentleman would recur to the message, he would find from Virginia, was, he assured him, well considered, and the suggestion of those provisions. Further, he would in perfect conformity with the past practice and present tell the gentleman, that the President has had the "dar- principles of that State. The Senator was mistaken in ing effrontery" to ask for these powers, no matter how the supposition, that the votes in the Legislature of Pennhigh may be the offence. sylvania indicated any change of opinion, on their part, Mr. BROWN remarked, that, as some gentlemen had in relation to the protective policy of the country. Their risen to make a confession of their sins, in reply to the opinions, on that subject, were just as unanimous as ever. accusation from the Senator from Massachusetts, he But they valued the harmony of the Union; and to prehoped he also might be allowed to say a word as to his serve that, republican Pennsylvania would change, alter, own course. He had never looked to any quarter for in- and, if necessary, abolish the protective system. The structions in regard to his vote on this bill, neither to the votes alluded to by the Senator from Virginia were accomPresident nor the Judiciary Committee. The gentleman panied with a declaration that they were given for the assures us that “the bill is fragrant with no flowers which purpose of leaving the representatives of Pennsylvania do not also perfume the President's message." But he had considered that the gentleman himself had the chief hand in giving to the bill those fragrant flowers with the sweets of which it was redolent. Like a prudent com- The measure was recommended by the President in a mander, the gentleman, he thought, had entrenched message to Congress, which was referred to a standing himself behind strong defences-behind an Executive committee of the House. That committee had reported recommendation. If, sir, said Mr B., we have used this bill. It was an administration measure. Honorable hard names, we have had an able preceptor, in their use, gentlemen might be assured that, whatever language was for the last three years. Our intellects must be very ob- applied to the bill, there were those who would not flinch tuse, if in that time we could not have learned something from its responsibility. As a political man, he would say, from the gentleman's example. But, for my own part, I that the President, in recommending this measure, would want capacity for the art. I cannot use opprobrious lan-attach to himself, more strongly than ever, he would not guage in respect to the President, for I do not believe say all the people of the country, or all the members of that he deserves it. I have stood by him when he vindi- any political party, but the entire democracy of Pennsylcated and maintained the constitution of the country, in vania. That democracy, with its fifty thousand majority, opposition to the efforts and the reproaches of the gentle- was ready to assume the responsibility of this act. However man from Massachusetts. If, on one occasion, I have differed from him in opinion, it is not to be a matter of accusation against me; and certainly I am not to be told of it from this quarter.

Mr. WEBSTER had remarked, he said, that the gentleman had given hard names to the bill, not to the President; and he still thought they would have shown a more gallant bearing in directing their attack against the source from which the bill came.

free to take such measures as would preserve the harmony of the Union. But the bill before us was peculiarly adapted to the principles of Pennsylvania.

heavy might be the responsibility thrown on this measure, he would undertake to say, that his State was ready to assume its full share. He felt very anxious to treat this question as one of a grave and very important nature; and he proposed, with a view to the accomplishment of his task, with as little labor to himself, and tediousness to the Senate as was possible, to inquire, in the first place, what causes had led to this measure; second, whether we had the constitutional power to exact it; and, third, what were its probable tendency and effect. Many remarks had been made in the discussion, to which he should pay no attention; not from want of respect to those from whom they had fallen, but from want of comprehension to see their application to the subject.

Mr. BIBB made a remark in explanation. If the gentleman from Massachusetts supposed that he threw back on him the imputation of subserviency, he was mistaken. He had expressly disclaimed that purpose in his remarks. Mr. HOLMES rose and said a word or two, which, from the noise in the gallery, the reporter could not dis- What were the causes which led to the bill? It was tinctly hear. He understood him, however, to refer to undoubtedly drawn from analogous practice, but it was the professions and confessions which had been made by out of the ordinary course of legislation. The cause some honorable gentlemen, in the debate, and to say, would be found in the proceedings of a popular convenjestingly, that, after all, there was but one member of tion held in South Carolina, and the legislative and exethe Senate whose course had been entirely consistent cutive acts following them. He was at all times prepared throughout, and that member was his own dear self. to treat the movements of a sovereign member of the Mr. WILKINS said he would avail himself of this opportunity to present the amendments to the bill which

Union with respect. They were not to be viewed as the factious proceedings of a political party. Theirs was not

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