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2D SESS.]

Texas Annexation—Right of Slaves to Petition Congress.

FRIDAY, June 22.

Washington Monument Society. Mr. NORVELL presented the memorial of the officers and managers of the Washington Monument Association in relation to the receipts and expenditures of that association; and moved that it be printed.

Mr. MORRIS called for the reading of the paper; and the Secretary having read a portion of it,

Mr. KING moved to lay it on the table, there being several expressions in it which he thought disrespectful, and ought not to be read to the Senate.

Mr. NORVELL hoped that his friend from Alabama would, for a moment, withdraw his motion to lay the memorial on the table. This paper proceeded from as respectable a body of gentlemen as any in the country; and he did think that, as they considered themselves to have been injuriously assailed on this floor, they should have an opportunity to be heard. It was true that they had used strong language; but this, under the circumstances, was natural. Let the memorial be read, and then the Senate might take what course they thought proper, as regarded the further disposition of it. By the statement of moneys collected, it appeared that the society had received only between 27,000 and 28,000 dollars, of which they had invested upwards of $27,000, principally, he believed, in Pennsylvania State stocks. Between four and five hundred remained uninvested. Except what had been allowed to collectors in the different States, as commissions for moneys obtained from subscribers by them, very little had been expended, as the statement would show. He was authorized to say, too, that the books, with the names of all the contributors to the monument, are in the hands of the Treasurer of the Association, open to the inspection of all.

Mr. KING did not perceive that the subject of the memorial was a matter with which the Senate had any thing to do, and that no action of the Senate could result from it; and secondly, he objected to the further reading of it, because it contained expressions, applied to the Senators or the Senate, which ought not to be permitted to be read there.

Mr. PRESTON, who just then entered the chamber, remarked, that the memorial was from very respectable persons, who conceived themselves injured by something that transpired on this floor. If it was a question of reception, he must hear the paper read before he could vote on it.

Mr. KING said there was no question of reception raised. The paper was received. His motion was to lay it on the table; and if the honorable gentleman wished to know whether it was respectful or not, he could easily read it at the Secretary's table. He had objected to the reading, because the paper spoke disrespectfully of members of that body.

[JUNE, 1838.

Mr. SEVIER observed that this day was set apart for the consideration of private land claims; and he hoped it would not be consumed as yesterday was in debate. The matter complained of by these individuals had been published in the public newspapers, and he presumed the editors would have no objection to insert their reply. It was a matter with which the Senate had nothing to do, and he, therefore, moved to lay it on the table. This motion was carried.

HOUSE OF REPRESENTATIVES.

SATURDAY, June 23.

Texas Annexation-Right of Slaves to petition Congress-Call to order by the SpeakerAppeal from the Speaker-Speaker sustained by the House.

Mr. ADAMS proceeded in his remarks on the report of the Committee on Foreign Affairs, in relation to the annexation of Texas; and was referring to the right of slaves to petition, and the proceedings in the House last Congress upon his tendering a petition of that character, stating that he should have no hesitation in presenting a petition from a slave, if his memorial was properly couched, and on a proper subject, or something to this effect.

The SPEAKER called Mr. A. to order, saying that his remarks were irrelevant to the subject under consideration.

Mr. ADAMS was putting an extreme case, by way of illustration, which was in order. The SPEAKER again reminded Mr. A. that he was out of order.

Mr. LEGARE said he felt compelled to call the gentleman from Massachusetts to order; and cries of order were heard in various parts of the House.

Mr. ADAMS called upon the SPEAKER to reduce the disorderly words to writing, and appealed from the decision of the CHAIR.

The SPEAKER said the CHAIR could not be called upon to reduce remarks made out of order to writing. It had never been known, either by any rule, or by parliamentary usage.

Several members referred to the twenty-third rule of the House, which requires that disorderly words shall be reduced to writing.

The SPEAKER said he was perfectly aware of that rule, and it applied to cases where one member called another to order for disorderly or personal remarks, and not to the SPEAKER, when he called a member to order for irrelevant remarks, for the rule says the SPEAKER shall call members to order, and makes it imperatively his duty.

Mr. ADAMS called for the reading of the rule. The SPEAKER read the rule requiring that a member "shall confine himself to the question under debate," and said he had called the gentleman from Massachusetts to order for irrelevancy in debate. As he was about to put the

JULY, 1838.]

North-eastern Boundary.

question on the appeal from the decision of the Chair,

Mr. ADAMS again insisted upon having the words reduced to writing.

Cries of "order!" "order!".

The SPEAKER directed Mr. ADAMS to take his

seat.

Mr. ADAMS continued to hold the floor, and persisted in demanding that the words should be reduced to writing, and said he would then appeal, but he would not appeal from the decision in the form in which the SPEAKER had put it.

The SPEAKER then put the question upon the appeal; and the decision of the CHAIR was sustained.

[25TH CONG. | justice and validity of the title of the United States to the full extent of all the territory in dispute between the two powers.

Resolved, further, That, considering that more than half a century has elapsed since the conclusion of that treaty; considering the extraordinary delay which has hitherto marked the negotiations and proin their endeavor amicably to settle the controversy, ceedings of the Governments of the two countries, and considering the danger of mutual irritation and collisions upon the border of kindred and friendly nations from further procrastination, the Senate cannot forbear to express an earnest desire that the pending negotiation should be brought to a close, and the final decision of the dispute be made as early as practicable.

and eighty-three" ought not to pass; and it is there fore ordered that it be laid upon the table.

Resolved, That, as it would be inexpedient for the YEAS.--Messrs. John W. Allen, Anderson, An- United States to proceed, upon their separate author drews, Atherton, Ayerigg, Banks, Beatty, Birdsall, until all reasonable means of effecting that object by ity, to survey, and mark the North-eastern boundary, Boon, Brodhead, Bronson, Buchanan, Cambreleng, the consent and concurrence of both parties shall John Campbell, Casey, Chapman, Cheatham, Clown- have been exhausted, the "bill to provide for survey. ey, Connor, Craig, Crary, Crockett, Cushman, Davee, ing the North-eastern boundary line of the United Deberry, DeGraff, Dennis, Dromgoole, Edwards, El-States according to the treaty of seventeen hundred more, Farrington, Fairfield, Fry, Glascock, Grantland, Grant, Gray, Haley, Hamer, Harrison, Hawkins, Haynes, Holsey, Hopkins, Howard, Hubley, Wm. H. Hunter, Ingham, Thomas B. Jackson, Jenifer, Joseph Johnson, Nathaniel Jones, John W. Jones, Keim, Klingensmith, Legare, Leadbetter, Lewis, Logan, Loomis, Lyon, Mallory, Martin, Maury, Maxwell, McKay, Robert McClellan, Abraham McClellan, McClure, Menefee, Miller, Montgomery, Moore, Morgan, Samuel W. Morris, Noble, Parker, Parris, Paynter, Pearce, Pennybacker, Petrikin, Phelps, Pickens, Plumer, Potter, Pratt, J. H. Prentiss, Randolph, Reily, Rencher, Rives, Rumsey, Charles Shepard, Shields, Sheplor, Snyder, Southgate, Steuart, Stratton, Taliaferro, Taylor, Titus, Toucey, Turney, Vail, Vanderveer, John White, Thomas T. Whittlesey, Sherrod Williams, Jared W. Williams, Word, Worthington, Yell, and Yorke-115.

NAYS.-Messrs. Adams, Borden, Briggs, William B. Calhoun, Carter, Corwin, Cranston, Cushing, Darlington, Davies, Evans, Everett, Ewing, R. Fletcher, Fillmore, Goode, Grennell, Halstead, Hastings, Henry, Lincoln, Samson Mason, McKennan, Mitchell, Naylor, Ogle, Patterson, Peck, Potts, Reed, Ridgway, Robinson, Slade, Stanly, Tillinghast, and Elisha Whittlesey

-36.

Mr. CLAY, of Kentucky, had been very anx ious that the report should be read and weighed with all the attention and consideration belonging to so grave and important a subject; the question had been most deliberately and carefully examined in the committee; the report, which was the work of the Chairman, was prepared with very great ability; that much labor had been devoted to it, in the short space that had been allowed, and which was the more creditable to its author, amid his other various and pressing duties; and that it was well calculated to advance his high character before the country.

Mr. TALLMADGE concurred entirely with the Senator from Kentucky as to the talent and ability with which it was drawn up, and the manner in which it presented the great question. If, unhappily, at any time hereafter any collision should arise between the two coun tries, which he hoped most sincerely would be avoided, it was very important, in his view, that the people of the country should understand the merits of the controversy. They were set forth in that report in a condensed, and, at the same time, sufficiently complete and ample manner to enable them fully to comMr. BUCHANAN, from the Committee on For-prehend and understand it. The report ought, eign Relations, presented a report, in which they unanimously recommend to the Senate the adoption of the following resolutions:

IN SENATE.

WEDNESDAY, July 4.

North-eastern Boundary.

Resolved, That after a careful examination and deliberate consideration of the whole controversy between the United States and Great Britain relative to the North-eastern boundary of the former, the Senate does not entertain a doubt of the entire practicability of running and marking that boundary in strict conformity with the stipulations of the definitive treaty of peace of seventeen hundred and eighty-three; and entertain a perfect conviction of the

therefore, to be widely and extensively circulated. He should, therefore, move for the printing of an extra number of copies, the largest that should be thought proper; and he therefore moved for the printing of 10,000" extra copies; which, afterwards, at the suggestion of Mr. WILLIAMS, supported by other gentlemen, he increased to 20,000.

[This session of Congress was concluded by joint resolution on Monday, July 9, 1838.]

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MONDAY, December 3, 1838.

At 12 o'clock, the Senate was called to order by the Hon. W. R. KING, of Alabama, President pro tempore.

The CHAIR presented the credentials of the Hon. EPHRAIM H. FOSTER, appointed by the Governor of the State of Tennessee a Senator from that State, to supply the vacancy occasioned by the resignation of the Hon. FELIX GRUNDY.

The usual oath was then administered to Mr. FOSTER by the President, and he took his seat in the Senate.

On motion by Mr. MORRIS,

Ordered, That the Secretary of the Senate inform the House of Representatives that a quorum of the Senate had assembled, and were ready to proceed to business.

On motion by Mr. WRIGHT,

Resolved, That a committee be appointed to join such committee as may be appointed on the part of the House of Representatives, to wait on the President of the United States, and inform him that quorums of the two Houses had assembled, and were ready to receive any communications he might make; whereupon,

Messrs. WRIGHT and ALLEN were appointed the committee on the part of the Senate by the

President.

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The following gentlemen appeared, were qualified, and took their seats:

Messrs. BEERS and PUTNAM of New York, GIDDINGS and SWEARINGEN of Ohio, and CRABB of Alabama.

Wisconsin Election.

Mr. CRARY, of Michigan, announced to the Chair that the Hon. J. W. Dory was in attendance as a delegate from the Territory of Wisconsin, and moved that he be qualified.

Mr. JONES, of Wisconsin, then rose and protested against the right of Mr. Dory to take his seat in violation of Mr. J.'s rights as the sitting member, no vacancy having occurred, and he having never resigned.

the House to take its order upon. The CHAIR said that it was a question for

Mr. CRARY produced the certificate of Mr. Dory's election from Governor Dodge; which was read.

Mr. McKEIM moved to lay Mr. CRARY'S motion on the table, but,

On motion of Mr. MERCER, the further consideration of the subject was postponed till Thursday next.

Election of Clerk.

The CHAIR laid before the House a letter from

the Chief Clerk, notifying the House of the death of Col. WALTER S. FRANKLIN, late Clerk to the House of Representatives, which was read.

Mr. PETRIKIN then submitted a resolution, authorizing the present Assistant Clerk to act as Clerk of the House until the vacancy occasioned by the death of Mr. FRANKLIN should be filled.

Mr. MILLIGAN moved to amend by substituting a resolution for the House to proceed forthwith to elect a Clerk.

DECEMBER, 1838.]

The President's Message.

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Mr. WRIGHT, from the Joint Committee appointed to wait on the President of the United States and inform him that quorums of the two Houses of Congress had assembled, and were ready to receive any communication he might make, reported that they had performed the duty assigned them.

A Message was then received from the President of the United States by MARTIN VAN BUREN, jr., his Private Secretary, as follows: Fellow-citizens of the Senate

and House of Representatives:

I congratulate you on the favorable circumstances in the condition of our country, under which you reassemble for the performance of your official duties. Though the anticipations of an abundant harvest have not everywhere been realized, yet, on the whole, the labors of the husbandman are rewarded with a bountiful return; industry prospers in its various channels of business and enterprise; general health again prevails through our vast diversity of climate; nothing threatens, from abroad, the continuance of external peace; nor has any thing at home impaired the strength of those fraternal and domestic ties which constitute the only guarantee to the success and permanency of our happy Union, and which, formed in the hour of peril, have hitherto been honorably sustained through every vicissitude in our national affairs. These blessings, which evince the care and beneficence of Providence, call for our devout and fervent gratitude.

We have not less reason to be grateful for other bounties bestowed by the same munificent hand,

and more exclusively our own.

The present year closes the first half century of our Federal institutions; and our system-differing from all others in the acknowledged, practical, and unlimited operation which it has for so long a period

[25TH CONG given to the sovereignty of the people-has now been fully tested by experience.

The constitution devised by our forefathers as the framework and bond of that system, then untried, has become a settled form of Government: not only preserving and protecting the great prinpromoting individual happiness and private interciples upon which it was founded, but wonderful ests. Though subject to change and entire reve cation, whenever deemed inadequate to all these purposes, yet such is the wisdom of its construe tion, and so stable has been the public sentiment, that it remains unaltered, except in matters of detail, comparatively unimportant. It has proved amply sufficient for the various emergencies inci dent to our condition as a nation. A formidable foreign war; agitating collisions between domestic, and, in some respects, rival sovereignties; temp tations to interfere in the intestine commotions of neighboring countries; the dangerous influences that arise in periods of excessive prosperity; and the anti-republican tendencies of associated wealth -these, with other trials not less formidable, have

all been encountered, and thus far successfully re

sisted.

It was reserved for the American Union to test

has

the advantages of a Government entirely dependez on the continual exercise of the popular will; and our experience has shown that it is as beneficenti practice as it is just in theory. Each successive change made in our local institutions has contrib uted to extend the right of suffrage, has increased the direct influence of the mass of the community, given greater freedom to individual exertion, and restricted, more and more, the powers of Govern ment; yet the intelligence, prudence, and patric ism of the people have kept pace with this aut mented responsibility. In no country has eda tion been so widely diffused. Domestic peace nowhere so largely reigned. The close bonds of social intercourse have in no instance prevailed with such harmony over a space so vast. All forms of religion have united, for the first time, to diffuse charity and piety, because, for the first time in the history of nations, all have been totally untram melled, and absolutely free. The deepest recesses of the wilderness have been penetrated; yet, i stead of the rudeness in the social condition conse quent upon such adventures elsewhere, communities have sprung up, already unrivalled in prosperity, general intelligence, internal tranquil lity, and the wisdom of their political institutions Internal improvement, the fruit of individual eterprise, fostered by the protection of the States has added new links to the confederation, and fresh rewards to provident industry. Doubtful questions of domestic policy have been quietly settled by mutual forbearance; and agriculture, commerce, and manufactures, minister to each other. Taxation and public debt, the burdens which bear so heavily upon all other countries. have pressed with comparative lightness upon Without one entangling alliance, our friendship is prized by every nation; and the rights of our citi zens are everywhere respected, because they are known to be guarded by a united, sensitive, and watchful people.

numerous

To this practical operation of our institutions, so evident and successful, we owe that increased at tachment to them which is among the most cheer ing exhibitions of popular sentiment, and will prove

2D SESS.]

The President's Message.

[DECEMBER, 1838.

their best security, in time to come, against foreign | States have associated together to make hostile inor domestic assault.

This review of the results of our institutions, for half a century, without exciting a spirit of vain exultation, should serve to impress upon us the great principles from which they have sprung; constant and direct supervision by the people over every public measure; strict forbearance on the part of the Government from exercising any doubt ful or disputed powers; and a cautious abstinence from all interference with concerns which properly belong, and are best left to State regulations and individual enterprise.

Full information of the state of our foreign affairs having been recently, on different occasions, submitted to Congress, I deem it necessary now to bring to your notice only such events as have subsequently occurred, or are of such importance as to require particular attention.

The most amicable dispositions continue to be exhibited by all the nations with whom the Government and citizens of the United States have an habitual intercourse. At the date of my last annual message, Mexico was the only nation which could not be included in so gratifying a reference to our foreign relations.

I am happy to be now able to inform you that an advance has been made towards the adjustment of our difficulties with that Republic, and the restoration of the customary good feeling between the two nations. This important change has been effected by conciliatory negotiations, that have resulted in the conclusion of a treaty between the two Governments, which, when ratified, will refer to the arbitrament of a friendly power all the subjects of controversy between us growing out of injuries to individuals. There is, at present, also, reason to believe that an equitable settlement of all disputed points will be attained without further difficulty or unnecessary delay, and thus authorize the free resumption of diplomatic intercourse with our sister Republic.

With respect to the north-eastern boundary of the United States, no official correspondence between this Government and that of Great Britain has passed since that communicated to Congress towards the close of their last session. The offer to negotiate a convention for the appointment of a joint commission of survey and exploration, I am, however, assured will be met by her Majesty's Government in a conciliatory and friendly spirit, and instructions to enable the British Minister here to conclude such an arrangement will be transmitted to him without needless delay. It is hoped and expected that these instructions will be of a liberal character, and that this negotiation, if successful, will prove to be an important step towards the satisfactory and final adjustment of the controversy.

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cursions from our territory into Canada, and to aid and abet insurrection there, in violation of the obligations and laws of the United States, and in open disregard of their own duties as citizens. This information has been in part confirmed, by a hostile invasion actually made by citizens of the United States, in conjunction with Canadians and others, and accompanied by a forcible seizure of the property of our citizens, and an application thereof to the prosecution of military operations against the authorities and people of Canada.

The results of these criminal assaults upon the peace and order of a neighboring country, have been, as was to be expected, fatally destructive to the misguided or deluded persons engaged in them, and highly injurious to those in whose behalf they are professed to have been undertaken. The authorities in Canada, from intelligence received of such intended movements among our citizens, have felt themselves obliged to take precautionary measures against them; have actually embodied the militia, and assumed an attitude to repel the invasion to which they believed the colonies were exposed from the United States. A state of feeling on both sides of the frontier has thus been produced, which called for prompt and vigorous interference. If an insurrection existed in Canada, the amicable dispositions of the United States towards Great Britain, as well as their duty to themselves, would lead them to maintain a strict neutrality, and to restrain their citizens from all violations of the laws which have been passed for its enforcement." But this Government recognizes a still higher obligation to repress all attempts on the part of its citizens to disturb the peace of a country where order prevails, or has been re-established. Depredations by our citizens upon nations at peace with the United States, or combinations for committing them, have at all times been regarded by the American Government and people with the greatest abhorrence. Military incursions by our citizens into countries so situated, and the commission of acts of violence on the members thereof, in order to effect a change in its government, or under any pretext whatever, have, from the commencement of our Government, been held equally criminal on the part of those engaged in them, and as much deserving of punishment, as would be the disturbance of the public peace by the perpetration of similar acts within our own territory.

By no country or persons have these invaluable principles of international law-principles, the strict observance of which is so indispensable to the preservation of social order in the world-been more earnestly cherished or sacredly respected than by those great and good men who first declared, and finally established, the independence of our own country. They promulgated and maintained them I had hoped that the respect for the laws and at an early and critical period in our history; they regard for the peace and honor of their own coun- were subsequently embodied in legislative enacttry, which has ever characterized the citizens of ments of a highly penal character, the faithful enthe United States, would have prevented any por-forcement of which has hitherto been, and will, I tion of them from using any means to promote insurrection in the territory of a power with which we are at peace, and with which the United States are desirous of maintaining the most friendly relations. I regret deeply, however, to be obliged to inform you that this has not been the case. Information has been given to me, derived from official and other sources, that many citizens of the United

trust, always continue to be, regarded as a duty inseparably associated with the maintenance of our national honor. That the people of the United States should feel an interest in the spread of political institutions as free as they regard their own to be, is natural; nor can a sincere solicitude for the success of all those who are, at any time, in good faith struggling for their acquisition, be im

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