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template or could see the blood reeking from the bosoms of our wives and children, pouring from wounds inflicted through the instigation of these disturbers of our peace, and enemies of our lives and liberties. We should feel, and that acutely, too; we should revenge to the utmost their blood upon the heads of those who shed it. Mr. Speaker, we may suffer much in the conflict with which we are threatened; but be assured that, unless God in his providence has determined our fate otherwise, we shall drive back the storm; we will maintain our property, keep our slaves in subjection, and drive back, with a signal overthrow, these intruders upon our rights.

Mr. Speaker, I shall not, upon this occasion, enter the lists with the gentleman from Massachusetts, to discuss the "sublime merits of slavery," nor with the gentleman from Vermont, into a religious controversy, to prove that slavery is in conformity with holy writ. The latter gentleman may find, if he search his Bible, that the pa triarchs of old held their bondmen, as well as their free servants; and both sacred and profane history will teach him that slavery has existed, in one form or another, from the foundation of the world; and by not a few pious and learned divines it is supposed to be a curse pronounced upon the descendants of one of the sons of Noah. But into the philosophy or discussion of these matters I design not to enter. If it be a stain in our escutcheon, I wish to distribute the honor to whom the honor is due, and let our former mother, England, who bequeathed it to us, take her full share. But, sir, who for a long time carried on the African slave trade? The merchants of the North. Who navigated the slave ships? The seamen of the North. Yet they reproach us, having no further profits to derive from the prosecution of the slave trade.

The able and patriotic gentleman from Pennsylvania [Mr. INGERSOLL] has told us that slavery had been abolished in the North, because the nature of the soil and its productions did not longer justify their employment. A very good and sufficient reason, and withal true; and when we are in that situation that we cannot benefit ourselves by holding slaves, why, we will endeavor to imitate the noble example of our northern brethren, and emancipate too! Interest will certainly induce us to believe that slavery is an evil, as it did our northern brethren. When it is not our interest to hold slaves, then we will emancipate them, too, in imitation of this example.

Mr. Speaker, this question has not been brought upon us by ourselves. We have not interfered with thei nstitutions of the North; and why should they meddle with ours? I will here ask the honorable member from Vermont one question. Will he inform us what we are to do with our slaves, if we abolish slavery in Virginia? Is it intended to let them loose upon us, and to be located among us, upon terms of equality? If not, where have these benevolent schemers provided an asylum for them? But I will make one proposition to him, and to the abo litionists; and it is this: open your purse strings; give the best test of your benevolence; come among us, and buy our slaves, and you may emancipate them at your will, so you remove them from among us. That will be a better test of your sincerity and purity of motive than all your speeches and writings. Till you do this, I emphatically say, let us alone.

Sir, there is another reason why we should not meddle with this subject. What was the condition of things at the formation of the confederacy? During the arduous struggle of the Revolution, you were willing, gentlemen, to fight the battles of freedom side by side with slaveholders. Together the blood of our fathers was shed, and together their bones bleached the battle-field. You were willing to erect this Union in conjunction with the slaveholder, and with him to cement it together.

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To bring about so desirable an event, you agreed to restrict the powers of Congress, and prohibit their interference with slavery, and even for a time with the Afri can slave trade. But now it is all wrong. New-fangled doctrines have thrown new lights upon this subject, and you now reproach us with that very thing you have sworn to protect. Generous-minded people of the North! I again appeal to northern members, and em phatically ask, will you violate your plighted faith? Will you reproach those who confided in you, and in their confidence entered into a solemn league with you, and destroy those rights which you have pledged your faith to protect? I hope, I believe not.

Mr. Speaker, I had not intended, in the outset of my remarks, to have said so much in relation to these fanatics; but I trust the House will pardon my feelings on this occasion. I will now, sir, as briefly as possible, recur to the constitutional power of this House to legislate on the subject of slavery within the District of Columbia. I shall pass over the Presbyterian Synod of Kentucky, merely remarking that, judging from this resolation, they seem to be fit companions for the abolition priests of the North, who have led some pious females so unwarily into their schemes. As to the article quoted from the Richmond Enquirer, I have only to say that the benevolence of its editor betrayed him into an error, of which I do not doubt he has long since repented. As to the quotation from the Richmond Whig, I have only the same thing to say. In either case, however, I will remark that they were urging the State Government, which they supposed had the constitutional right to interpose. As to the article signed "A South Carolinian," I do not believe it was written by a South Carolinian, but by some individual who assumed that name, for the purpose of giving more force to his remarks, South Carolina being an extensive slaveholding State.

I will now, Mr. Speaker, approach the constitutional question, and would solemnly ask if it is to be seriously argued that the sages of the Revolution, understanding liberty as they understood it, would have manifested so much caution in the framing of the constitution, by salutary restrictions upon this subject, and yet have been so incautious as to leave Congress in possession of this power any where? Where is it found? It is neither expressed directly or indirectly in any one of the provisions of the constitution. Again, sir, is it to be believed, for one moment, that the States of Virginia and Maryland, the foremost in the ranks of those who restricted the power of the Federal Government, would have given up a portion of their citizens, in order that there might be inflicted upon them an unlimited, unmitigated, and unrestricted despotism, reserving not even the right of representation?-for, if the argument of the gentleman from Vermont be true, this Government, within these ten miles square, is as despotic as that of Russia or the Grand Turk. Would the people of Virginia and Maryland have consented to pass off a portion of their citizens, like herds of swine, without one solitary act of restriction and restraint upon the power of the Federal Government over them? Would they have been willing to have erected a despotism in the midst of this Union? Sir, I cannot believe it. This very idea is preposterous. Fortunately for us, however, there is no proof positive on this subject. The language of the act of the Virginia cession is clear, unequivocal, and decisive upon the point, and it will be found to answer every argument urged by the gentleman from Vermont.

The proviso to the act of cession by the State of Virginia is in these words: "Provided that nothing herein contained shall be construed to vest in the United States any right of property in the soil, or to affect the rights of individuals therein, otherwise than as the same shall

H. OF R.]

Slavery in the District of Columbia.

[DEC. 23, 1835.

or may be transferred by such individuals to the United should have a territory of its own, and exclusive legisla States." By this clause no right of soil passes. Con- tion over that territory, to prevent interruption or disturgress cannot affect the right of individuals to the soil, on- bance. The necessity will be sufficiently illustrated by ly so far as individuals may convey to the United States. the recollection of the fact, that during the sittings of The reversion of the soil is in the State of Virginia. Is it Congress at Philadelphia, previous to the adoption of not, therefore, most manifest that, with these reservations the constitution, it was surrounded by a mob, and kept and restrictions, Virginia regarded the rights of the citi-in duresse during a whole day; and that it finally adjourn zens of the District as effectually secured and guarantieded to meet at Trenton, in New Jersey. Having territo as they were under her own constitution and laws pre- ry and exclusive jurisdiction of its own, the Federal vious to the cession' Congress cannot declare any Government, by its own laws, protects itself; but withthing designated and held as property not to be proper- out it, it would depend on State authorities for its proty, without express grant. In relation to slaves, the tection, which would not, probably, always be afforded, constitution regards them as property, and guaranties its and the legislation of the whole nation arrested. The security. If the power to abolish slavery in the District following remarks of Mr. Madison, in the convention of of Columbia exists, then the people of the District, al- Virginia, will prove the correctness of this view: "Ile though American citizens, stand on a footing of gross next objects (speaking of Mr. Henry) to the exclusive inequality; for Congress is restricted as to all other citi legislation over the District where the seat of the Govzens. I then emphatically ask if Virginia and Maryland ernment may be fixed. Would he submit that the Repdid so disfranchise this portion of their former citizens' resentatives of this State should carry on their deliberaThe language of the act of cession by Maryland is rath- tions under the control of any one of the members of er more equivocal, but yet the spirit and design were the Union? If every State had the power of legislation the same. When the objects of the cession expressed over the place where Congress should fix the General in the preamble to the act, the reference to the constitu- Government, this would impair the dignity and hazard tion, and the restricted character of the cession as to the safety of Congress. If the safety of the Union were property in the said District, are seen, it seems to me under the control of any particular State, would not forthere can be no doubt upon this question. eign corruption probably prevail in such a State, to induce it to exert its controlling influence over the members of the General Government. Gentlemen cannot have forgotten the disgraceful insults which Congress received some years ago. When we also reflect that the previous cession of particular States is necessary, before Congress can legislate exclusively any where, we must, instead of being alarmed at this part, heartily approve of it."

Sir, there is another reason why the States of Virginia and Maryland would not have been guilty of the excess of folly of making the cession unrestricted, and which proves the character of the proviso referred to; and it is this: Maryland was a large slaveholding State, and Virginia the largest in the Union; and they both provided that their citizens should return to their respective Governments whenever the ceded territory should cease to be used as the seat of the Federal Gov.

ernment. Now, sir, extinguish slavery here, and what do you do? You make a rallying point for free negroes in the very centre of slavery itself. Here might be gathered all the disaffected and insubordinate spirits among the slave population of the surrounding States, who might resort here in such hordes that the citizens of the District would be unable to control or check them. I say, sir, the Legislatures of those two States would not, and could not, have been guilty of the folly of making such an unrestricted cession.

Those who contend that Congress has the power to abolish slavery in the District of Columbia attempt to derive it from these words in the 1st article and 8th sec

The words "in all cases whatsoever" cannot be regarded as conveying any independent power, or conferring, contrary to the whole scope and intention of the framers of the constitution, and every principle upon which it is based, all powers of legislation not expressly prohibited. I cannot think the constitution can claim to itself a principle of inherent powers, when all its powers are derivative and restricted. These words must be interpreted to mean all powers of legislation authorized by the principles upon which the constitu tion is framed, and conferred by that instrument.

With these very few remarks, therefore, I leave this branch of the subject, not deeming it necessary to repeat the able and perspicuous views of my colleague, [Mr. WISE,] so forcibly expressed.

But, Mr. Speaker, the question now seems to be, how is this matter to be decided? It has come up be fore us, and, in the language of gentlemen, it must be met. We all admit this property is guarantied to us by the constitution, and that Congress has no power to legislate in relation to it in any of the States. The constitutional power to do so is denied by every member upon this floor. Why, then, was the constitutional power of the Congress of the United States restricted in relation this subject? Because it is property over which we, individually, have control; was interwoven into our system; and the constitution has determined that jurisdiction over it shall not be transferred from the domestic control of the State Governments to that of the Federal, because, in their domestic rights and relations, they are sovereign and independent of the Federal Government, and of each other. How, then, is this question to be decided? I do not wish to avoid a vote upon it in the most direct manner. I am pre

tion of the constitution, having reference to an anticipated cession of territory to the Federal Government, for a seat of Government: "To exercise exclusive legislation in all cases whatsoever over such District." The cession of this District was not made until some time after the adoption of the constitution; of course it had no direct reference to this District, or to the question of slavery, because it would not then have been known whether the cession would be made by slaveholding or non-slaveholding States. Any interference with slavery, in any form, by Congress, was expressly restricted; yet it is contended that this clause, making no direct or indirect reference to the subject, conveys this power, so totally at war with the principles of the constitution, and the explicit restriction upon this subject. A very satisfactory interpretation of what was intended by the words "to exercise exclusive legislation" is to be found in the fact that without such a cession of territory, and the right of exclusive legislation, the Federal Government would have had no territory upon which to erect her public buildings, or its Legislature to conduct its delib-pared, sir, to meet it, come when it will, whence it erations, but would have been at the mercy of State authorities, liable to be disturbed and interrupted at the pleasure of State authorities. It was necessary, then, for safety and security, that the Federal Government

will, and in whatever shape it may. But, while I am thus prepared to give my own vote, I am willing to make every concession that gentlemen can ask, reasonably, in the form in which the decision of the House shall

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be expressed, so that it be decisive and effectual. But I cannot go so far as to record my vote to affirm that slavery is an evil, because I will make no concession whatever to the abolitionists, who are not affected with it, and have nothing to do with it. This is a subject with which we have nothing to do, and my individual opinion need not be expressed. I say, sir, I am willing to make the most liberal concession that the nature of the case will admit. Now, let us investigate the true character of the question under consideration. Our brethren of the North have no direct interest in this question, but our interest is directly at stake; our lives, liberty, property, all are in danger. It has not originated in the South; nothing was heard of it until this abolition society awakened our fears, and alarmed us for our safety. The question, then, is, will you quiet the people of the South? Will you decide this question in such a form as to tranquillize their fears? We are all brethren of the great American family, and have been associated together for upwards of fifty years; let us, then, continue in the same bonds of fraternal love. The southern people tell you we wish to continue in fraternization and union with you; but their march is impeded, and their prospects blighted, by these harassing interferences with their rights. It creates a feeling of insecurity on the stability of our property. We ask, then, our brethren of the North to quiet us in the most decisive form they can, consistent with their duties. If they cannot sustain all the propositions that have been presented, they can either submit or vote for some one that shall be considered decisive. I have disposed of the question of laying these petitions on the table; that course is not decisive, and not adequate to the emergencies of the occasion. Many gentlemen are unwilling to reject any petitions, on the ground that it is the constitutional right of the citizen to petition. I myself, Mr. Speaker, have no objection to that course; but am prepared to vote not only that such petitions be not received, but, if I could do so, I would vote that they should be all thrown together into the midst of the Po

tomac.

Mr. Speaker, let us examine the proposition to reject, which will likely follow a reconsideration of the refer<ence. In the course of this debate, reference was had to the example of the Senate during the first session of the last Congress, to show that the rejection of this memorial would be disrespectful. Sir, the cases are not analogous. If my recollection be right, the vote of the Senate, in that case, was not upon a proposition to reject, but upon a proposition not to receive the paper. That was more disrespectful than to reject, because the motion to reject is necessarily made after the paper has been presented-after it has been in the hands of the Speaker, and read to the House; but the motion not to receive is in priority of all these formalities, and is therefore a more decisive expression of the disrespect of the body to whom it is offered. The motion to reject means, simply, to reject the application, that is, the prayer of the petitioners or memorialists, and nothing more. But it is contended that even this, as well as the motion not to receive, is at war with the right of petition. Now, sir, what is this right of petition? Gentlemen bring petitions here, present them, and ask reference to some committee of the House. Committees are not organized by law or by the constitution, but by a rule of the House, for its own convenience, and for the convenience of having that brought to its consideration which could not be conveniently done by the whole House. A committee sometimes reports, or passes over sub silentio, or asks leave of the House to be discharged from the further consideration of the subject; and cannot the whole House do at once what it may do on the recommendation of one of its own committees? Sup

[H. OF R.

pose the committee, to whom a petition may be referred, report that it should be rejected, where is the want of power or the disrespect on the part of the House to do the same thing without the reference? If the House confirms the report of the committee, it all amounts to the same thing-to rejection; and the only question is, whether the same thing shall be done di rectly without reference, or indirectly by reference and report, the House having determined its course before a reference is asked. Now, these petitioners know nothing about the formula of proceeding here, and it is the same thing to them whether their petition be rejected by a direct vote of the House, without going to a committee; or whether it go to a committee, who may report that it be rejected, and the House confirm that report.

They

But, say gentlemen, it conflicts with the right of petition-a sacred right, guarantied by the constitution. Sir, there is no man on this floor who respects the right of petition more than I do; but yet, with all this regard for the right of petition, there is some respect due to ourselves, and it must always be understood with some restrictions. The right of petition the right to petition for a redress of grievances affecting the petitioners themselves; but when pious and godly-given ladies, in some few portions of the North, are petitioning to redress my grievances, when I feel no grievance, when I know of no grievance at all, I humbly conceive it to be an improper and impertinent interference with my rights. Now, sir, pray, how are these good and godly and pious and Christian-like ladies affected by slavery in the District of Columbia? They are not living in the District of Columbia, but in Vermont or Massachusetts. are not affected by slavery in the District of Columbia. They are not stained by its guilt. They are not affected by its sins. Its blood is not upon their skirts. Why, then, should they ask a redress of the grievances of the people of the District of Columbia? Are not the people of the District themselves the best judges of their own grievances; are they not adequate to judge for themselves and to apply for redress of grievances, if they have any; and do they come here, or to their own Legislature, to ask redress? Sir, I must say I respect no petition coming from people who are not interested, directly or indirectly, on the subject about which they petition; and less so when its object is to interfere with the rights of others. When petitions come from those who feel and suffer grievance, couched in respectful language, I will then respect and hear them in the most respectful manThen, sir, why not come up directly to the question, and reject this petition, and all petitions of a similar character, instanter? I have referred to what has taken place heretofore in relation to petitions of this character, which I then thought sufficiently decisive--laying them on the table; but that was when the country was quiet, and had not been disturbed by the circulation of pamphlets and vile wood cuts among the slaves of the South. Then we were satisfied, because there was nothing serious to apprehend; the demon of discord had not then been stalking through the land; but now, sir, we see the danger, and all we ask is an express declaration on the part of our brethren of the North of their determi nation not to legislate upon this subject; this we have a right to ask and to expect. If we had the power, as as they have, we would not ask even this of them. sir; we could manage these fanatics exceedingly well, if we had them among us, but we cannot reach them as long as they confine themselves within the limits of other sovereign and independent States; we cannot, we will not, violate the jurisdiction of other States.

ner.

No,

But, say gentlemen, why press the constitutional question now? I reply, we press it from the most urgent and imperious necessity. It is due to our safety, to our

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quiet, that we press it. Every other form in which this question has been presented has failed to secure us against the repetition of these memorials and petitions, exciting our passions, and endangering our safety. Nothing, it seems to me, short of a declaration, on the part of Congress, of their want of constitutional power, will restrain these fanatical crusaders from seeking the intervention of Congress in aid of their diabolical schemes, and perpetually harassing the country. I do not ask gentlemen to vote contrary to their sense of right. If they believe Congress has not the power, then this agitating subject will be put to rest, so far as Congress is concerned. If gentlemen think Congress has the constitutional power, let them say so; we shall not, if they decisively refuse all legislation upon the subject, upon grounds of expediency, complain of their opinions upon the mere question of power--a power which they do not intend to exercise, and sever the Union on that account. No, sir; we value it too highly, and love it too dearly. But if the power exists, this House cannot pledge its successors-the South has no security for the future. The constitution provides for its own amendment, by reference to the source of all power--the people. It will be our duty to seek through the people an amendment to the constitution, restricting the power of Congress upon this subject. Such an amendment must and will prevail, if the northern people are sincere, which I do not doubt, in their professions of attachment to the Union, and respect for our rights-seeing, as they must do, the infinite danger to our rights and our safety which would result from the abolition of slavery in the District of Columbia. This would test the true feelings of the North, and quiet the apprehensions of the South, and secure the Union against the most formidable enemy by which its integrity could be assailed.

Sir, I am anxious to see this distracting question put to rest, and that we may be able to say, with new feelings of national pride, in the language of the poet,

"Where e'er beneath the sun, by sea winds fanned, There floats the banner of my native land." Not, sir, the banner of a northern empire, not the banner of a southern empire, but the banner of the Unionthe banner which conducted the heroes of the Revolution to victory in the cause of freedom, and which has now waved in triumph for upwards of half a century, untarnished and unscathed. Sir, I hope this question will now end; that our northern brethren will meet it in the most decisive form, and give such an explicit expression of their sentiments as will tranquillize the South on the one hand, and silence the fanatics on the other.

As to the proposition of the gentleman from Pennsylvania, [Mr. INGERSOLL, ] for whose patriotic feelings, exhibited upon this occasion, I cannot withhold the expression of my highest admiration, I can only say that it is true; but it does not meet the present case; the question before the House relates to the District of Columbia alone. The proposition of the honorable gentleman refers to slavery in the States. The proposition that Congress has no constitutional power to abolish slavery in either of the States of the Union need not be decided, because none assert it; and a decision of that question would in no wise decide the question arising upon this petition.

The only way in which the question can be presented so as to procure the definitive and speedy action of the House, will be by reconsidering the vote of reference, now sought to be reconsidered, which I earnestly hope will be done.

When Mr. GARLAND had finished his speech-Mr. MANN, of New York, moved the previous question.

The motion was seconded by the House, by a vote of 104 to 79.

[DEC. 23, 1835.

The question being then taken, "Shall the main ques tion be now put?" it was decided in the affirmative: Yeas 137, nays 71.

The CHAIR having stated the question to be whether the vote be reconsidered,

Mr. GLASCOCK asked, if it was carried in the affirmative, what would be the next question?

The CHAIR said it would be on the motion to commit. Mr. LANE moved an adjournment, but withdrew it. Mr. WHITTLESEY asked for the yeas and nays, and they were ordered.

The question of reconsideration being taken, it was decided in the affirmative, as follows:

YEAS-Messrs. Anthony, Beale, Bean, Beardsley, Bell, Bockee, Bouldin, Bovee, Boyd, Brown, Bunch, Burns, John Calhoon, Cambreleng, Campbell, Carter, John Chambers, Chaney, Chapman, Chapin, Claiborne, Cleveland, Coffee, Coles, Connor, Craig, Cramer, Cushman, Davis, Deberry, Dickerson, Doubleday, Dromgoole, Dunlap, Efner, Fairfield, Farlin, Forester, Fowler, French, William K. Fuller, Galbraith, James Garland, Rice Garland, Gillet, Glascock, Graham, Grayson, Griffin, Haley, Hiland Hall, Hamer, Hammond, Hannegan, Samuel S. Harrison, Albert G. Harrison, Haynes, Holsey, Hopkins, Howard, Hubley, Huntington, Huntsman, Ingham, Jabez Jackson, Jarvis, Joseph Johnson, Richard M. Johnson, Cave Johnson, Henry Johnson, John W. Jones, Judson, Kennon, Kilgore, Kinnard, Klingensmith, Lane, Lansing, Lawler, Gideon Lee, Joshua Lee, Thomas Lee, Luke Lea, Leonard, Logan, Loyall, Lucas, Lyon, Abijah Mann, Job Mann, Martin, John Y. Mason, William Mason, Moses Mason, Maury, May, McComas, McKay, McKeon, McKim, Mercer, Miller, Montgomery, Muhlenberg, Owens, Page, Parks, Patterson, Patton, Franklin Pierce, James A. Pearce, Pettigrew, Phelps, Pickens, Pinckney, Rencher, John Reynolds, Joseph Reynolds, Ripley, Roane, Robertson, Rogers, Schenck, Seymour, William B. Shepard, Augustine H. Shepperd, Shields, Shinn, Smith, Spangler, Standefer, Taliaferro, Taylor, Thomas, John Thomson, Waddy Thompson, Toucey, Towns, Turrill, Vanderpoel, Wagener, Ward, Washington, Weeks, White, Lewis Williams, Sherrod Williams, Wise-148.

NAYS-Messrs. Adams, Chilton Allan, Heinan Allen, Ashley, Bailey, Beaumont, Bond, Borden, Briggs, Buchanan, William B. Calhoun, Carr, Casey, George Chambers, Childs, Clark, Corwin, Crane, Cushing, Denny, Evans, Everett, Philo C. Fuller, Granger, Graves, Grennell, Joseph Hall, Hard, Hardin, Harlan, Harper, Hazeltine, Hoar, Howell, Hunt, Ingersoll, William Jackson, Janes, Benjamin Jones, Laporte, Law. rence, Lay, Lincoln, Love, Mason, McCarty, McKennan, Milligan, Morris, Parker, Dutee J. Pearce, Potts, Reed, Russell, Slade, Sprague, Storer, Underwood, Vinton, Webster, Whittlesey-61.

Mr. OWENS said, in consequence of the wide range which the debate had taken, he had determined to move to lay the petition on the table, with a view to prevent the continuance of the discussion upon the motion to commit. The same course he should pursue in regard to every similar petition which might be presented. His resolutions on the subject, which he had indicated to the House, he would offer when the States were called for resolutions. He moved to lay the petition and the mo tion to commit on the table.

Mr. WISE made a point of order. Had not the motion to reject precedence of the motion to lay on the

table?

The CHAIR said no motion to reject was before the House, and the motion to lay on the table was not debatable.

Mr. WISE called for the yeas and nays on the ques tion, and they were ordered.

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The question being taken, it was determined in the affirmative, as follows:

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portant the subject be speedily acted upon by Congress. He had taken the trouble to examine the journals of the House in regard to former applications of a similar character; and he had found, without exception, that the course had been to refer all such applications to a select committee. That was the reason which induced him to make the motion he had. He had the whole of the precedents before him, including every State admitted into the Union from the foundation of the Government. would again remark that he had himself no disposition on the subject; but he presumed there was a disinclination on the part of the mover that the subject should go to a separate and select committee. Mr. M. then stated it as his belief that the two subjects ought to be

He

YEAS-Messrs. Chilton Allan, Anthony, Ashley, Beale, Bean, Beardsley, Beaumont, Bell, Bockee, Boon, Bouldin, Bovee, Boyd, Brown, Buchanan, Bunch, Burns, Cambreleng, Carr, Casey, George Chambers, Chaney, Chapman, Chapin, Cleveland, Coffee, Coles, Connor, Corwin, Craig, Cramer, Crane, Cushman, Davis, Deberry, Dickerson, Doubleday, Dromgoole, Dunlap, Efner, Fairfield, Farlin, Forester, Fowler, French, Philo C. Fuller, William K. Fuller, Galbraith, Gillet, Graves, Haley, Joseph Hall, Hamer, Hannegan, Hardin, Harlan, Samuel S. Harrison, Albert G. Harrison, Haynes, Henderson, Holsey, Hopkins, Howard, Howell, Hubley, Huntington, Huntsman, Ingersoll, Ingham, Jabez Jack-kept separate and distinct if possible; but, if it met the son, Jarvis, Joseph Johnson, Richard M. Johnson, Cave Johnson, Benjamin Jones, Judson, Kennon, Kilgore, Kinnard, Klingensmith, Lane, Lansing, Laporte, Gideon Lee, Joshua Lee, Thomas Lee, Leonard, Logan, Loyall, Lucas, Abijah Mann, Job Mann, Martin, John Y. Mason, William Mason, Moses Mason, Samson Mason, May, McKay, McKeon, McKim, Mercer, Miller, Montgomery, Muhlenberg, Owens, Page, Parker, Parks, Patterson, Franklin Pierce, Phelps, Pinckney, Rencher, John Reynolds, Joseph Reynolds, Ripley, Roane, Schenck, Seymour, Augustine H. Shepperd, Shields, Shinn, Smith, Spangler, Standefer, Storer, Sutherland, Taliaferro, Taylor, Thomas, John Thomson, Toucey, Turrill, Underwood, Vanderpoel, Vinton, Wagener, Ward, Wash ington, Webster, Weeks, Lewis Williams, Sherrod Wil. liams-144.

NAYS-Messrs. Adams, Heman Allen, Bailey, Bond, Borden, Briggs, John Calhoon, William B. Calhoun, Campbell, John Chambers, Childs, Claiborne, Clark, Cushing, Denny, Evans, Everett, James Garland, Rice Garland, Glascock, Graham, Granger, Grayson, Grennell, Griffin, Hiland Hall, Hammond, Hard, Harper, Hazeltine, Hoar, Hunt, William Jackson, Janes, Henry Johnson, John W. Jones, Lawler, Lawrence, Lay, Luke Lea, Lincoln, Love, Lyon, Maury, McCarty, McComas, McKennan, Milligan, Morris, Patton, Dutee J. Pearce, James A. Pearce, Pettigrew, Pickens, Potts, Reed, Robertson, Rogers, Russell, William B. Shepard, Slade, Sprague, Waddy Thompson, Towns, White, Whittlesey, Wise--67.'

So the petition and the motion to commit were order. ed to lie on the table.

The House then adjourned.

THURSDAY, DECEMBER 24.

CONSTITUTION OF MICHIGAN.

Mr. MASON, of Virginia, asked the unanimous consent of the House to take up and dispose of the message of the President of the United States, transmitting a copy of the constitution and other documents emanating from a convention in Michigan, in reference to the formation of a State Government of said Territory.

The unanimous consent of the House having been ob tained,

Mr. M. remarked, when the subject was last before the House, there were three different propositions presented to its consideration. He had moved that the message of the President of the United States, with the accompanying documents on this subject, be referred to a select committee; the gentleman from Ohio [Mr. HAMER] had moved its reference to the select committee already raised on the subject of the northern boundary of Ohio; and the gentleman from Maryland [Mr. HowARD] moved its reference to the Committee on the Territories.

For himself, Mr. M. said, he had no disposition on the subject. He believed, however, that it was very im

pleasure of the House, he should be perfectly willing to refer it to the Committee on the Territories, merely remarking that such had been the usage of the House in former instances.

It was true that, in every other case, there had been no conflicting claims; and that circumstance, perhaps, might make an exception to the general rule heretofore pursued with regard to this subject. He hoped the House, however, would promptly refer it either to the one committee or the other, in order that the sense of the House might be speedily ascertained, and the question settled in a way satisfactory to all parties.

Mr. HAMER then withdrew his motion to refer the subject to the same committee to which the message and documents on the northern boundary of Ohio had been referred.

Mr. II. remarked that, in withdrawing his motion, bis principal object was to present another question to the House. He desired that this whole subject should go to the Judiciary Committee, in order to arrive at a fair expression of the sense of the House. He therefore moved that this matter be referred to the Committee on the Judiciary.

Mr. STORER said if the gentleman from Virginia [Mr. MASON] would permit the pending question of reconsideration of the vote referring the President's message on the subject of the northern boundary of Ohio to be first disposed of, he would interpose no objection to the wishes of the gentleman in regard to the reference of the other document.

Mr. MASON said he would merely suggest to the House that the two subjects were distinct and independent questions.

The SPEAKER stated the motion first in order would be the reference to the Committee on the Territories.

Mr. VINTON said he hoped the motion of his colleague, to refer this subject to the Committee on the Judiciary, would prevail. He had no doubt but the gen. tleman from Virginia, who had moved its reference to a select committee, would bestow upon it an able and faithful examination. Nor did he know of any objection to the gentlemen who compose the Committee on the Territories. It, however, appeared to him that neither a select committee nor the Committee on the Territories was the appropriate committee to take charge of this subject. He believed it was true, as had been stated by the gentleman from Virginia, that on former occa. sions, when States had been admitted into the Union, the subject had been referred to a select committee; but as the case of Michigan was unlike those which had gone before it, they did not furnish a precedent for her's. In no instance, not even that of Tennessee, was there any dispute about boundaries. In every case the question of admission was one of expediency merely; there was nothing else to settle or decide. The subject of the expediency of admitting new States into the Union does not belong to the powers and appropriate duties of any one of the standing committees of the House; and for

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