The memorial was referred to the Committee of Ways and Means, and directed to be printed.

TUESDAY, FEBRUARY 7.

CHICKASAW TREATY.

[H. or R.

the losses they had sustained by the contract of 1818, and the failure to get salt water, by obtaining a more favorable contract in 1830.

Mr.

abundantly able to take the whole of this stock; yet they do not ask it for themselves only, but propose that books be opened to all our citizens, giving to every person an equal opportunity to subscribe to the stock. There are It was nothing more than an ordinary effort on the in this memorial the names of some of the first financiers part of those lessees in the prosecution of their supposed in our country--gentlemen of extensive, practical know- rights; and nothing but what the gentleman from Masledge on the subject, and as fully competent to manage sachusetts, the mover of this resolution, if similarly situatsuch an institution as can be found in the United States. ed, would do; at least, if he would not, he has less cirAs the petition of the Bank of the United States, after cumspection on subjects of this kind, where property much discussion, was referred to the Committee of Ways is concerned, than most persons who come from the reand Means, and believing that this committee will bestow gion represented by him, and who periodically visit the due attention, and give the consideration to this memorial West. Mr. F. observed that himself and his colleague that its importance merits, I move its reference to the [Mr. JOHNSON] had been carefully watching the inte same committee, not doubting but they will impartially rests of the United States in relation to this reservation, decide on all the rights and requests of our citizens. I and had come to the conclusion, if necessary to call the also move that the memorial, together with the names of attention of the Senate at a proper time, to this subject, the memorialists, be published. which he still believed was the only proper course. F. observed that the resolutions which he had noticed since he had been here, generally indicated the object of calling on any of the departments for information. It was not so with this resolution; we could not tell whether the gentleman intended to make the information, when obtained, the basis of legislation, or to make it the subject of ill-natured commentary. He did not consider it either the duty, or consistent with the dignity of this House, to congregate the iniquities of the land here, for the purpose of making sage commentaries on them. Mr. F. said that, judging from recent occurrences, even if the President was disposed not to do right about this matter, there was not much danger of the Senate permitting any thing relating to him or his friends to pass without sufficient scrutiny. He considered this the exclusive business of the Executive and the Senate, and that it was not the duty of this House to dictate to them, or to obtrude its opinions of a treaty on them. Some gentlemen have said this was not a treaty. He should not stop now to inquire whether it was or not; it was the business of the President and Senate, call it treaty, compact, or by any other name, and by the practice of the Government had always been so considered. Mr. F. said the name of the late Secretary of War had been incorporated into this affair; it seems, from the whole drift of events, that it was one branch of a general party movement. This was the last Congress, and the last chance, till the election would be over, of Chief Magistrate, for the next four years.

The House having resumed the consideration of Mr. EVERETT'S resolution calling for a copy of this treaty, Mr. FITZGERALD said, from the fact of land included within the limits of this reservation being partly in the district which he had the honor to represent on this floor, it had always been his intention to vindicate the title of the United States to this land, believing that the United States had an indefeasible title to the same, arising from the fourth article of the treaty of 1818, from which he read as follows: “And that from and after two years, and after the ratification of this treaty, no salt made at the works to be erected on the reservation shall be sold within the limits of the same for a higher price than one dollar per bushel of fifty pounds weight; on the failure of which, the lease shall be forfeited, and the reservation revert to the United States." Mr. F. proceeded to state that the only sensible interpretation of this clause of the treaty was that, upon failure to obtain salt water, the land reverted to the United States, and that the failure to sell at one dollar per bushel was not, and could not, upon fair construction, be considered as the condition upon which the land reverted to the United States; for this interpretation would put it in the power of the lessees by their default to work Mr. ELLSWORTH, of Connecticut, said he was in a forfeiture of the rights of innocent persons. Mr. F. favor of the resolution offered by the gentleman from Masthen proceeded to show that the lessees, as far back as sachusetts, [Mr. EVERETT,] and opposed to the amend 1818, when they took the first lease from Colbert and ment proposed by the gentleman from Georgia, [Mr. Brown, at the time of making the treaty of 1818, were CLAYTON.] The resolution, said Mr. E., requests the mistaken, and no doubt an honest mistake, as to the con- Executive to lay before this House so much of a treaty ditions on which the lease and reservation became for- made in 1830 between the United States and the Chickafeited. He then read from the lease of 1818 as follows: saw Indians, as relates to a reservation of about ten thou"It is further covenanted and agreed, by and between the sand acres of land, now claimed by the Second Auditor parties to this agreement, in case the salt water on this of the Treasury and a partner. The amendment proreservation and above cited premises, upon a fair experi- poses that we shall first declare that this is not a treaty, lest, ment being made, shall be found not to be of a quality and in calling for it, we trespass upon the prerogatives of the quantity sufficient to justify working the same, then, and President and Senate. A few words, sir, will express my in that case, this article of agreement to be void and of views on this subject. The resolution proposes an in no effect; and the above recited premises to be redeli- quiry: the objection is, that this is not within the constivered to the Chickasaw nation of Indians." This error tutional power of the House, inasmuch as we ask for an of construction, which originates as far back as 1818, incipient treaty, which, although long since signed by the Mr. F. said, no doubt produced the contract of 1830; parties, can have no being until it has received the ratifithe parties still believing that the reservation, upon the cation of the Senate. Sir, I will not invade the rights of failure to get salt water, fell back to the original pro- the other branches of the Government, nor is there the prietors, the Chickasaw nation of Indians, and not to the most remote danger of it in this case. What are the United States. Much as he differed with the lessees as facts? In the year 1830, the late Secretary of War and to the true construction of the fourth article of the treaty General Coffee were commissioned to go to Franklin, in of 1818, he was unable to see in this transaction those de- Tennessee, and, by treaty with the Chickasaw Indians, obgrading features spoken of by the gentleman from Con-tain from them a tract of their land, heretofore sold to necticut; he considered the whole transaction as an affair them, on the west side of the river Mississippi, to accom of no extraordinary character. Those lessees, actuated modate the Choctaws about to remove. For this purpose, by a disposition to avoid loss, were endeavoring to repair they were duly commissioned, and were in the pay and

H. OF R.]

Chickasaw Treaty.

[FEB. 7, 1832.

confidence of the Government. They made a treaty, and title as depending upon the final ratification of the treaty. obtained the land. This being finished, they were called The lease of 1818 was made without the knowledge or upon by the Second Auditor, a near connexion of one of consent of the then commissioners, and not unlikely the the commissioners, to witness, and, as public functiona- present title is thought to be independent of the treaty of ries, to sanction a contract between the Second Auditor 1830. At all events, here is an attempt to get from us a and his partner, on the one part, and said Indians, on the portion of our domain; and may we not counteract the other part, by means of which Mr. Lewis and his part- attempt? For this purpose we want to see the lease or ner acquired a title, in fee simple, to a tract of land four contract of 1830. miles square. Sir, one of the gentleman from Tennessee, A few words as to the proposed amendment. If I am [Mr. JOHNSON,] in whose district, or near to it, this land lies, correct in what I have said, the amendment is unnecessaand who is not in favor of the resolution himself, admits ry: for, whether it is a treaty or not, the manner as well that this land is worth twenty thousand dollars; the other as the effect of the commissioners' doings brings the gentleman, from the very spot itself, is entirely silent on matter within our jurisdiction. Besides, upon the genthis head, leaving us to infer that his colleague is correct tleman's own doctrine, it is unnecessary. He says it is no in his valuations. Both of the gentlemen further agree treaty. Be it so--then why baptize it? Why bury the that, before the new contract of Mr. Lewis, we had no resolution under this complex, historical appendage, untitle to this land whatever, and I think they are clearly true in fact, and unconnected with the subject of inquiry? correct; for Mr. Lewis had never given, either to the Is it to be seriously contended, at this day, that we are United States or to the Indians, a farthing for the land. incapable of treating with Indian tribes, because they live The particulars of this title have been so fully set forth by within State limits? What, then, is to become of existing other gentlemen, that I shall not spend time upon them. treaties? What is the guaranty of the Indians who have Now, sir, what had these cominissioners to do with the removed to the other side of the Mississippi river? What matter of Mr. Lewis? The thing was wholly foreign to has been the uniform practice and understanding of this their trust and to their power. They were sent to buy Government, and of every distinguished man, of every land of the Indians, and not to sell land to white men. party, who has helped to administer it? What did the Why did the Secretary put the seal of his office, and of old Congress and confederation do and believe about Inthe Government, to this new title of Mr. Lewis? They dian treaties? What did the States do, and Georgia hermust all have seen that Mr. Lewis had no title before, and self, more than a hundred years ago? Are not our relahere, for two thousand dollars at a blow, from the public tions with the Indian tribes such as that we can enter into functionaries of the Government, he acquires more than treaties with them? The doctrine of the gentleman from ten thousand acres of valuable land. Sir, this transaction Georgia is full of danger and alarm. The next step will needs explanation. I hope it can be explained. Though be, and it will not be very illegitimate either, to claim that now very suspicious, perhaps it will turn out to be honora- the National Government cannot treat with Indians, and ble and just, both to the United States and the Indians. I that subsisting treaties are unconstitutional and void. shall not put forth to the world accusations against the The gentleman says they are not a "foreign Power;" gentlemen concerned. Let an examination be made. that Indians are subjects of a State, and cannot be recog There is a suspicion resting upon it. The best thing the nised as tribes; that the Supreme Court has decided that friends of the gentlemen can do, is to hasten an inquiry, Indian tribes are not "foreign nations;" and then he rerather than to retard it. If I were their adviser, I should fers to the writers on the laws of nations, to prove that a say, invite a speedy and full inquiry. treaty is a compact between foreign nations. But did not But, sir, to the point. Is it so, that we have no con- the court decide that the embodied tribes of Indians in stitutional right to inquire? No right to learn how, and the Southwest are "distinct communities," and as such why, and when, these functionaries gave away the land capable of entering into alliances with the National Goof the United States? How and why they exceeded their vernment? It has never been decided, and I hope never powers as it is said they did; and why they meddled with will be, that our compacts with Indians are not treaties. what was foreign to their commission? And if we have If we cannot treat with Indians because they live within not the power, who has? Is this affair to be buried in the States, then our treaties are waste paper. These nothe Indian bureau, at the option of the President? Sir, 1 tions of the gentleman are of modern date. It is true the put the question to honorable gentlemen, has this House Executive has intimated that when a State extends its no right to look into this transaction? True, we have jurisdiction over an Indian tribe, treaties with it become nothing, and we want nothing, to do with the treaty, as inoperative, as having been designed only for a temporary such. I care not whether it is absolute or conditional, purpose; but I am sorry to see such a doctrine, or one so perfected or progressing, good or bad; it is the manner near to it, advocated in this House; and I am concerned of obtaining it--the execution of assumed duties, I look at. If, however, the treaty be conditional, as it is said that it is, I see no reason why it should not have been submitted to the Senate long since. Gentlemen on the other side ask what are our motives--what is to be done? Sir, we shall take care of our own motives. The question is one of constitutional right, and not of the character of motives. Gentlemen may have different motives: and if we One word, said Mr. E., in reply to a remark made by are to have rights according to our motives, whose opi- the chairman of the Committee on Indian Affairs, [Mr. nion is to be the standard of propriety? Sir, this is as BELL.] He did not admit that there had been any thing clear a right as we can find in the constitution, and I hope unfair in the transaction alluded to, but he said, generally, we shall not yield it up. it was necessary, in negotiating with Indians, to buy the Thus much as to the accountability of these commis-influence of white men. Such a declaration, from such a sioners. But we have no equal right, from the effect of source, is most serious and weighty. Certainly there can their doings. Mr. Lewis has recorded, long since, his be no apology of this kind allowed in this case. Mr. title, acquired, as already mentioned, in Tennessee, al- Speaker, the remark just alluded to has led my mind to though the same is said to be a part of a treaty, and yet reflect much and painfully upon the policy we are purimperfect, and not in a state even to lay before the Senate, suing towards the Indians. We are already treating with and he is now attempting to get possession of his lands. them for portions of their new acquisitions beyond the Why, sir, I have great doubts if Mr. Lewis considers his Mississippi; and we are willing to bring to our aid the cu

for the issue of it, should it be recognised by the adoption of the amendment. If the Indian tribes are not foreign nations, in the exact sense of the word, they are distinct communities. Our relations to them are peculiar, and not regulated by the general law of European nations. I ask the gentleman if the Indian tribes are citizens. Will he consent to that? Will Georgia consent to that?

pidity of white men, whenever it is necessary for our purpose. I do not say that there was any thing of it in this case, but it is admitted that it is sometimes done. Sooner or later, by fair means or foul, we shall get all the lands of these Indians. In less than a quarter of a century, these Indians, in their new homes, will be more in the way of the white man than they now are, or ever can be, in their present possessions.

From the beginning, I have thought the resolution was a proper one. My conviction of its importance is more confirmed. I hope it will pass, and that, too, without any baptismal name.

The debate was here arrested by a motion for the orders of the day, and the House proceeded again to the

APPORTIONMENT BILL.

The question was still on Mr. HUBBARD'S motion to fix the ratio at 44,000.

[H. OF R.

the principle of increase. It is unquestionable that this increase must take place at a period of time not very remote, to an extent much greater than that now called for by the amendment proposed--that it will reach even double that number, even within the probable duration of the lives of many honorable members, now within these walls, I can have no doubt. Is it not, therefore, better that this great experiment of representative Government should be fairly tried, now, while our blessed country is in a state of comparative innocence and virtue? Is it not better that it should commence now, under the most favorable circumstances, and progress gradually with the increase of our population, the enlargement of our interests, and the growth of mental improvement throughout our land? Or, sir, shall we, acting under a fatal illusion, consent to postpone this increase to a period when licentiousness shall have in some measure displaced that sober sense of liberty which now characterizes our people? Mr. WATMOUGH said he had intended to give a silent When the bright light which has hitherto illumed the path vote on the question under discussion, but the peculiar of our public councils shall, perhaps, in the too natural circumstances in which he had found himself placed, in-course of events, have faded and become dim as it reduced him to ask the indulgence of the House, while he cedes from that immortal source from whence it first drew stated the reasons of the several votes which he had given, its existence? When avarice shall have corroded the and the principles which compelled him to stand alone as hearts of our countrymen, and expelled the elevated spirit respected his own delegation. He should do this as con- of patriotism which actuated our forefathers? Or the love cisely as possible, not in the hope of enlightening the of power, almost the first principle developed in our inHouse, or changing the final vote of any gentleman on fancy, and in nations as in individuals, manifesting itself this floor; but rather with the view of making himself dis-in a due ratio with the means to gratify it, shall have turntinctly understood as well here, among his honorable col-ed the minds of men from the pure and simple contemleagues, for whose opinions he entertained the highest plation of republican integrity? Or, until ambition, regard, as at home, among those who were justly entitled to be informed of his sentiments upon all great topics, and of the particular grounds he took in reference to the very important one now before the House, in which he conceived them to be so deeply concerned. I mean not, said Mr. W., to controvert the sentiments of any honorable member who has preceded me in this debate, nor is it my purpose to recapitulate the various numerical calculations which have been so ingeniously and repeatedly urged; much less do I design, in the slightest degree, to impugn the motives of the very distinguished committee to whom this important subject was confided, and who so promptly fulfilled the duty imposed upon them.

whether of a civil or military character, shall have infused its poison into the body politic? Or the increased means of luxurious indulgence shall have enervated the minds and debased the characters of our youth, and disqualified them for that career of public usefulness which is now open to all of them? Then, too, when added to other evils, the spirit of dissension shall reign paramount, and place insuperable bars to the union of men to effect any laudable design whatever. I trust not, sir. I think it will hardly be contended that this is the course it becomes us to adopt. The people have placed us here as sentinels upon the great bulwark of their liberties. And, sir, they will expect at our hands the establishment of every guaranty by which those liberties can be secured.

I have listened attentively, said Mr. W., to the many arguments, often so ably, always so eloquently developed But, said Mr. W., not only is the present increase expesince this subject has been before us; and without further dient. I consider it a positive necessity arising from our reference to the particular or local grounds which have form of Government, and purely incidental to the expanbeen assumed, I come at once, sir, to the two great leading sion of our population, and of the vast interests involved principles upon which this subject may be said to depend therein. It was aptly and profoundly remarked by the --the high or low ratio of apportionment-involving the honorable gentleman from North Carolina, [Mr. WILpresent and future increase or decrease of the number of LIAMS,] that the bill before the House involved the funrepresentatives on this floor; and, consequently, the para-damental principles of our Government, and as such it mount influence of the popular voice in all the legislative ought to be approached. I agree altogether with the and executive acts of this Government. I have voted steadily, and shall continue to vote, for the lowest ratio which has been or may be assumed. And, sir, I do this from no ground of local expediency or individual interest, but from a thorough conviction in my own mind that I am acting in strict accordance with the great republican principles of our Government, in entire unison with the sentiments of the intelligent democracy of my native State, and in the full persuasion that the result, if successful, will tend, more than any thing else, to perpetuate the principle which secures to us our seats on this floor, and to our constituents the ennobling privilege of sending us here as the guardians of the constitution, and depositaries of their rights, or of dismissing us when we fail to meet their views or fulfil their just expectations.

honorable gentleman, and as such only can I consent to approach it. In vain have I endeavored to discover a single argument calculated to invalidate this position of the friends of a low ratio. Objections have been urged against increase, arising from the form and construction of this Hall. I agree with my honorable friend from North Carolina, (if by that title he will allow me to call him,) that it would be better, far better, to level this splendid edifice to the ground, rather than let it stand an obstacle in the way of a full representation of the whole people of this Union. Better, sir, revert to the prime. val simplicity of our Saxon ancestors of old, or our red brethren of the far West, and meet in our "council of wise men," under the broad canopy of heaven.

I have been equally unfortunate, sir, in my attempts In the humble view I take of this matter, I deem it im- to lay hold of one argument which appeared to strengthportant that this the popular branch of the Government en the ground assumed by those in favor of a high ratio. should be increased to its utmost business limits, before It is true I hear gentlemen talk of the disorders of this any partial expression can or ought to be taken, particu- House, but I take it, sir, they are not serious in urging larly on this floor, of the unsoundness or inexpediency of this as a ground of objection against the great principle

H. OF R.]

cess.

for which I am contending. What, sir, am I to be told not, that this cause will speedily prevail.” And, sir, it that the rules and orders of this House, and the same did speedily prevail; the blood poured out that day was vigor and energy on the part of its executive officer, accepted as a grateful sacrifice in the sight of the same which are capable of managing two hundred and thirteen merciful Being who watched over and guided the early members, are not equally capable of governing and re- destinies of this nation; and the same christian heroism gulating, and restraining three times that number? Sir, which lives and breathes in every word which fell from I cannot bring myself to think that the talents and quali- the lips of the dying martyr, subsequently distinguished fications which entitle an honorable gentleman to the his disciples and descendants in a strange land, and very distinguished post of Speaker of this House, are to brought to a happy completion the great cause for which be rated in this manner-by this sort of numerical pro- he so cheerfully died. Of this cause, sir, are our fellowNor will I believe that, at any time hereafter, a countrymen the living monuments; our happy country, majority of this House will ever elevate to that chair an the great temple; ourselves, in our representative capaindividual insensible to the exalted and moral responsi- city, the guardians and depositaries. bilities of his station, or incapable of sustaining them with I will only, said Mr. W., so far allude to one ground credit to himself, with fidelity to his peers, and honor to urged with much force in this debate, that of corruption, his country. The objection falls to the ground. Nor, as to state my conviction of its tendency being much di sir, can I permit to be brought in competition with this minished in a large body. It is a subject, however, sir, vital principle of full representation, the miserable cal-so abhorrent, that I will not for a moment longer enter culation of increased expense; it is unsound in itself, and tain it. In the beautifully poetical mythology of the anunworthy of the occasion; unsound, inasmuch as the cient world, it was deemed proper to endow the terrible means to meet it are proportionably increased-unworthy, guardian of those gates which concealed from mortal because the principle in question is a pearl without price.ken the deep mysteries of the Elysian fields, with many I confess, Mr. Speaker, that I have been grieved at heads, as it was the watchman of the Hesperian garden, the air of indifference with which this debate has been with a hundred, to shut out entirely the knowledge of received, and the too great tone of calculation in which it the one, and secure completely the treasure of the other. has been treated. It was different, sir, in those days of I hope, sir, I shall be pardoned, in a formal matter of our immortal ancestors, for ancestors will I call them, as business like the present, the introduction of a poetical in truth they are, when the establishment of this great allusion; but, sir, to my mind the analogy is complete: for principle of the full representation of the people of Eng. although we are told, sir, that the mysteries were peneland was not only deemed sufficient cause of revolution, trated and the treasures stolen, yet, sir, in both cases it but of the total subversion of the opposing Government, required more than mortal means. and the entire extinction of the antagonist principle. I But, sir, there are other grounds of a more practical refer to that brilliant and eventful period of English his- and every day operation, which induce me to go for the tory, when, in the words of perhaps the most enlightened lowest ratio that has been assumed. I crave the patience and acute man of his age, "The spirit of liberty in that of the House while I briefly refer to them. It is imisland was at its height, and its interests were conducted portant that the practical effect of the great privilege and supported by a set of the greatest geniuses the world which every freeman possesses, should be brought home had ever seen embarked together in one common cause." to his own bosom and his fireside. That he should possess They were, indeed, great and immortal spirits. The a personal acquaintance with the representative, and that course of their lives proved it; their ardent and devoted the latter should have it in his power to visit and comattachment to the establishment of every sound princi- mune with the occupant of the humblest cottage within ple of civil and religious liberty proved it; and the wil- his district; from this will spring two good results. If lingness with which they laid down their lives, and the the constituent be poor, it will tend to sweeten his la smiles of contentment with which they repelled all the bors, to alleviate his toil, by keeping alive in him a high gloom and terrors of the most ignominious deaths, proved sense of his dignity as a freeman, and of his position in it. They permitted no ground of local expediency or reference to the great concerns of his country. Upon self-interest for a moment to be weighed in the balance the representative it has the equally beneficial effect of with the great principle for which they contended; and keeping alive a proper spirit of watchfulness, and of the although they failed for the time being in fulfilling their moral accountability to which he is at all times subject. noble purpose, yet it was under the consolatory convic- Sir, in diminishing the numbers of this House, or in not tion that their blood would prove the seal to that great keeping up those numbers in a just ratio with the views charter of political redemption which has since been re-and expectations and numerical increase of the people, corded. I must ask, sir, the indulgence of the House we produce the further effect to weaken the character of while I call their attention to the last memorable words of the House, and diminish its influence in the government one of those martyrs of liberty, as beautifully illustrative of affairs. I can consent, said Mr. W., to do nothing of my subject, and fully sustaining me in the eulogy into which I have been drawn. The great Sir Harry Vane, at the moment when an ignominious death stared him in the face--standing on the confines of eternity-the axe, sharpened by royal malice, pendant over his head-on being urged to save his life by the abandonment of his principles--with holy fervor "thanked his God, who had given him courage to meet his death without fear; as for that glorious cause in which so many righteous souls have lost their lives, and so many have been engaged by my countenance and encouragement, shall I now give it up, and so declare them all rebels and murderers? No, I will never do it: that precious blood shall never lie at my door; I would suffer ten thousand deaths rather than defile my conscience, the chastity and purity of which I value beyond all the world. I would not for ten thousand lives part with the peace and satisfaction which I have in my own heart, and the assurance I feel, although I see it

here in my representative capacity which will produce those effects, or be likely to weaken the faith of the people in a form of Government so eminently conducive to their true happiness-nothing that will tend to weaken their veneration for the representative principle, make them distrustful of it, or convert that veneration into a kind of civil idolatry for any other source of power. On them depends the permanence of the Government, in them resides the substantial power, and to them are we accountable for the just exercise of our delegated authority. Let us, then, be careful how we undertake, at this early period of our existence as a nation, to set limits or prescribe terms to a principle intended to be general in its scope and all-pervading in its influence.

Upon the whole, said Mr. W., I deem it incumbent upon this House to keep its numbers in a just ratio with the views and expectations and numerical increase of the people; to keep alive in them a high sense of their own

FEB. 7, 1832.]

Apportionment Bill.

[H. OF R.

dignity and privileges, of the inestimable value of the happy Union under which we live, and of the practical operation of their own sovereign powers. It is thus, sir, we shall realize the moral of the fable of the giant of old, who gained fresh vigor whenever he touched his mother Earth, and could only be overcome by being removed from the source of his power. I have voted, Mr. Speaker, steadily for the lowest ratio assumed, not only because of the general principle which I have endeavored to lay before the House, but because of one other advantage which it possesses, which in itself I consider paramount to any inconvenience which has been urged against it. I allude to the fact of its not depriving a single State in the Union of its present representative weight. Sir, I will not curtail, by a vote of mine, the just rights and privileges of those ancient and venerable depositaries of the great principles for which the immortal Milton wrote, and labored, No other member rising to speak, a call of the House and suffered, and for which Vane, and Hampden, and Sid- was moved, and made; the roll of the members was called ney died. I will not repay with such ingratitude the over; the doors were then closed, and excuses received toils and trials of our pilgrim fathers. I will not undertake | for the absence of all but three. The call was then susto disturb the mouldering remains of such of those great martyrs of civil liberty, as now lie slumbering in the peaceful valleys of New England; nor will I consent to any thing that will diminish the moral or political influence of their descendants, who fought and conquered at Bunker Hill, it is true, and on many other fields of glory, but whose still more pre-eminent merit consists in having peopled a vast territory, and diffused the blessings of education, and religion, and of civil liberty, among millions.

That is all, said Mr. W., that I or any one else can ask in reference to this House, and this vastly growing empire. I consider myself, therefore, fully sustained in the course I have deemed it my duty to adopt in reference to the bill before the House; and although I have regretted the necessity under which I find myself placed of acting in opposition to the whole body of my colleagues, for whose opinions I entertain the highest respect, and for whom personally I feel a warm regard, a conscientious sense of duty has forbid a different course.

Mr. W. thanked the House for the patience they had manifested towards him, inexperienced as he was in legis¡¡ative debate, and embarrassed as he had found himself to be by the novelty of his position. He concluded, with expressing the hope that a low ratio of representation would prevail.

I feel, said Mr. W., that I have already trespassed too far upon the patience of the House, but I crave pardon while I address to my respected colleagues a few words in reference to our native State, and the policy which forms the basis of her constitution and all her legislative enactments. Pennsylvania has ever proved herself steady, unwavering, and disinterested in her course; ardently attached to the Union, she has ever been willing to act in the fair spirit of mutual compromise; confident in her own power and resources, she has gratefully conceded all that has been asked of her by her sister States, and has steadily persevered in her course with unassuming, unpretending dignity. The time has now arrived when a change is to take place, and I think I may venture to predict that she will now urge those claims to which she thinks herself justly entitled, with a firmness and a vigor which will only find its equal in that which has heretofore actuated her. In the co..stitution of Pennsylvania, the great principle of universal suffrage exists in its full vigor, and in my opinion bears fully upon the question now before the House. It is true, sir, we, her representatives on this floor, are not individually instructed in reference to this question, but we have this, to me, sufficient guide.

I take it for granted, sir, we shall feel ourselves bound to be governed by the vote of our Legislature which this morning's paper brings us in reference to the bank. On that point, as on all others in which her interests are involved, my principles are fixed, whether in reference to tariff, to bank, to internal improvement, the judiciary, or any other of the great principles upon which this Union and the welfare of this great people depend. For myself, sir, I need no instructions to keep me straight. Let me not, however, be told that a vote of her Legislature is a better guide to me on any point, than a great principle of her constitution. I cannot think it. Sir, I hold myself bound not to betray, even remotely, therefore, the great principle to which I have alluded. I shall take it as my guide in my votes on this subject, to which it has a particular reference and a close connexion. But I may be told that Pennsylvania has limited her own representative body to one hundred. She has done so, and has done so wisely-she has considered that number, as in truth it is, sufficient for her territory, and ample to cover all the interests it is likely ever to include.

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pended.

Mr. WAYNE called the attention of gentlemen who might intend to vote for any number between forty-eight and forty-four, to a fact which was founded on the knowledge of the characters and persons of those who would have to decide upon the bill elsewhere. If it should be sent out of that House with forty-eight, the probability was that it would be returned to them with a higher ratio.

Mr. SLADE moved to postpone the further consideration of the bill till Thursday next, but the motion was negatived.

The question was then taken on striking out forty-eight thousand, and inserting forty-four thousand, and decided in the negative, as follows:

YEAS.-Messrs. Adams, Angel, Appleton, Armstrong, Babcock, N. Barber, I. C. Bates, Bergen, Bouck, Bouldin, Briggs, J. Brodhead, J. C. Brodhead, Cahoon, Cambreleng, Carson, Chandler, Choate, Clayton, Coke, Collier, L. Condict, S. Condit, E. Cooke, B. Cooke, Corwin, Crane, Creighton, J. Davis, Dayan, Dearborn, Dickson, Doddridge, Doubleday, Ellsworth, G. Evans, E. Everett, H. Everett, Gaither, Grennell, Hawes, Hodges, Hoffman, Hogan, Howard, Hubbard, Hughes, Hunt, Huntington, Ingersoll, R. M. Johnson, C. C. Johnston, Kendall, Kerr, Lecompte, Letcher, Lyon, Marshall, Mercer, Newnan, Newton, Pearce, Pitcher, Randolph, J. Reed, E. C. Reed, Slade, Soule, Southard, Spence, Stanberry, Storrs, Tompkins, Vance, Ward, Washington, Watmough, Wayne, Weeks, Wilkin, Wheeler, E. Whittlesey, C. P. White, Wickliffe, Wilde, Williams, Worthington, Young.-88.

NAYS.--Messrs. Alexander, C. Allan, R. Allen, Allison, Anderson, Ashley, Banks, Barnwell, Barringer, Barstow, Beardsley, Bell, Bethune, John Blair, Boon, Branch, Bucher, Bullard, Burd, Carr, Claiborne, Clay, Conner, Cooper, Coulter, Craig, Crawford, Davenport, W. R. Davis, Denny, Dewart, Drayton, Duncan, J. Evans, Felder, Fitzgerald, Ford, Gilmore, Gordon, Griffin, T. H. Hall, W. Hall, Heister, Holland, Horn, Ihrie, Irvin, Isacks, Jewett, Cave Johnson, Kavanagh, Kennon, A. King, J. King, H. King, Lamar, Lansing, Leavitt, Lewis, Mann, Mardis, Mason, Maxwell, McCarty, W. McCoy, R. McCoy, McDuffie, McIntire, McKennan, Milligan, T. R. Mitchell, Muhlenberg, Nuckolls, Patton, Pendleton, Pierson, Plummer, Polk, Potts, Rencher, Roane, Root, Russel, W. B. Shepard, A. H. Shepperd, Smith, Speight, Standifer, Stephens, Stewart, Sutherland, Taylor, F. Thomas, P. Thomas, J. Thomson, Tracy, Verplanck, Vinton, Wardwell. F. Whittlesey, E. D. White.—102.

Mr. CLAY, of Alabama, now moved to strike out fortyeight and insert forty-seven.

Mr. WAYNE asked if that were the lowest number the gentleman from Alabama would vote for. Mr. CLAY replied that it was.

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