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DEC. 28, 1835.]

Constitution of Michigan.

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given in every other case to this question has been uni-modating the gentleman from Ohio, would, for the preform-"the standing Committee on the Judiciary." sent, waive his motion to refer the matter to the ComGentlemen who look only to the isolated fact of admis-mittee on the Territories, pledging himself to renew it, sion into the Union will find that they can no more arrive should the House reject, as he hoped it would, the moat that point, without first meeting and deciding all the tion to refer the subject to the Committee on the Jugrave questions of law I have suggested, than they could diciary. transfer themselves from this hall to the northern lakes, without passing over the intermediate space.

Mr. REYNOLDS, of Illinois, asked for the yeas and nays; which were ordered.

Mr. WILLIAMS, of North Carolina, again advocated the question before the House, that the Committee on the Judiciary was the only proper tribunal to which this subject should be sent.

Mr. H. EVERETT hoped that both questions, that of the Ohio boundary line and the Michigan constitution, would be sent to the same committee; for the consideration of the one question necessarily embraced the other. If the question of boundary was the only one, he would have no objection to send it to the Comters purely of a legal character, and of itself would go to the Judiciary Committee. Being of opinion that both should go to the same committee, he should vote in favor of the motion then before the House, to send the whole subject to the Committee on the Judiciary.

I hope gentlemen will not deem it beneath the dignity of this House to consult in this matter a little the feelings and views of both parties to this question of boundary. With them it has always been viewed as mainly a question to be resolved by a right construction of the acts and laws of Congress. It has thus been contested on both sides. You are appealed to as a final arbiter. They will expect you to call to your aid that committee to whom the nation look for correct opinions when construction of law is the question. Who has ever heard, till now, of submitting a legal proposition to the Committee on the Territories; but the other involved matmittee on the Territories Sir, I disclaim all idea of drawing comparisons between the individuals composing either of these committees. I only insist that the laws of the House have assigned to each their appropriate function, and the Speaker is presumed to have arranged the talent of the House in reference to those laws. the people of my own State I only ask a fair trial, and in the usual way. Give them these, and those fearful excitements, of which the gentleman from Virginia has spoken, will be at once subdued into acquiescence in the decision, whether friendly or adverse to their claims. But should this House, to whom the appeal, in a generous confidence, has been made, blunder in the dark upon a wrong and unusual course, and ultimately decide against them, we may then look for agitations, accompanied with more frightful violence than the gentleman has imagined.

For

I fatter myself that it is apparent to all, that now is the most propitious time to settle this unhappy controversy. I imagine all will agree that it is competent for this House to settle it. I entreat gentlemen not to think of leaving the question open. I appeal to the gentle. man from Virginia, whether he could take pleasure in seeing three sovereign States prostrate before the judicial tribunals, asking of your courts to determine whether they were States! or, if States, whether they had any territory, and how much! Sir, unbounded as my confidence has been, and is, in the federal courts, for their sakes, as well as the country, I do not wish to see questions which agitate great political communities brought frequently before them for decision. To avoid this, and to put forever beyond the power of contest this cause of discord and disunion, I entreat the House to send this subject to the only committee competent to analyze and present in a connected view all the questions that cluster round it; and, with such a report, I do not permit myself to doubt but the House will come to a conclusion as satisfactory to, as it will be obligatory upon, all concerned.

Mr. HOWARD said, understanding it to be the wish of the gentlemen from Ohio to get a vote on their motion for a reference to the Committee on the Judiciary, he would not impede that wish, though he should himself vote against it. He hoped it would be sent to the Territorial Committee, believing, as he did, that to be the proper course. The delegation from Ohio were said to be unanimous on this question; and if the House should consent to the motion of the gentleman from that State, [Mr. HAMER,] it would perhaps create distrust in the minds of the people of Michigan. Besides, Mr. H. contended, this was not a judicial question. It was a question of expediency, entirely out of the consideration of the Judiciary Committee. There was no point of legality involved in it. He should vote against that reference; but, for the purpose of accom

The question was then taken on this motion, and decided as follows: Yeas 113, nays 77:

YEAS-Messrs. Chilton Allan, Heman Allen, Ashley, Bailey, Beardsley, Bell, Bond, Boon, Boyd, Briggs, Bunch, John Calhoon, W. B. Calhoun, Campbell, Carr, Carter, Casey, Chaney, Childs, Claiborne, Clark, Cleveland, Coles, Connor, Corwin, Craig, Crane, Darlington, Davis, Deberry, Denny, Evans, Everett, Farlin, Forester, French, Philo C. Fuller, Rice Garland, Graham, Granger, Graves, Grayson, Grennell, Griffin, Hiland Hall, Hamer, Hammond, Hannegan, Hard, Hardin, Harlan, Harper, Hazeltine, Hiester, Hoar, Howell, Hubley, Hunt, Huntsman, Janes, Jarvis, Cave Johnson, Henry Johnson, Benjamin Jones, Kennon, Kilgore, Kinnard, Klingensmith, Lane, Lansing, Lawrence, Lay, Luke Lea, Lincoln, Lucas, Samson Mason, Maury, May, McCarty, McKennan, McLene, Mercer, Milligan, Morris, Muhlenberg, Page, Parker, Patterson, Pettigrew, Phillips, Pinckney, Reed, Rencher, John Reynolds, Russell, Wm. B. Shepard, A. H. Shepperd, Shields, Slade, Sloane, Spangler, Stande fer, Storer, Taliaferro, John Thomson, W. Thompson, Underwood, Vinton, Webster, Whittlesey, L. Williams, S. Williams, Wise-113.

NAYS-Mossrs. Adams, Anthony, Barton, Beale, Bean, Beaumont, Bovee, Brown, Buchanan, Burns, Cambreleng, Chapman, Chapin, Coffee, Cramer, Cushman, Dickerson, Doubleday, Dromgoole, Efner, Fairfield, Fowler, William K. Fuller, Galbraith James Garland, Gillet, Glascock, Haley, Samuel S. Harrison, Albert G. Harrison, Haynes, Henderson, Holsey, Hopkins, Howard, Huntington, Ingham, Wm. Jackson, Jabez Jackson, Joseph Johnson, John W. Jones, Judson, Laporte, Lawler, J. Lee, Leonard Loyall, Lyon, Abijah Mann, Job Mann, Martin, John Y. Mason, Moses Mason, McKeon, McKim, Miller, Montgomery, Morgan, Owens, Parks, Franklin Pierce, D. J. Pearce, Phelps, Joseph Reynolds, Rogers, Schenck, Seymour, Smith, Sprague, Taylor, Toucey, Towns, Turrill, Vanderpoel, Wagener, Ward, Weeks--77.

So the message of the President of the United States, and the accompanying documents, were referred to the Committee on the Judiciary.

Mr. HOWARD expressed his hope that the House would then take up the motion to reconsider the reference of the papers on the northern boundary line of Ohio to a select committee, and he moved a suspension of the rules for that purpose. The rules were suspended: Ayes 124, noes not counted.

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Mr. J. Q. ADAMS inquired what would be the effect if the motion to reconsider prevailed?

The CHAIR said it would place the subject in possession of the House, precisely as if no reference had ever been made.

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of all the other gentlemen named on this committee. I am not sure that I have the honor of an acquaintance with any of them, but hope to have before our session closes. But, in pressing this motion, sir, it is due from me to say to them all, as I have already said to their chairman, and I do it with great pleasure, that it is far from my wish to offer the committee, collectively or individually, the slightest disrespect. An earnest desire, as you will recollect, Mr. Speaker, was felt and expressed by myself to you, in person, that this committee should not be named until this motion, which the gen. tleman from Maryland [Mr. HOWARD] had then given notice he would make, should be disposed of. In this request, the gentleman from Maryland, to whom I have alluded, was kind enough to unite. I regret, sir, that your imperative sense of duty prevented a compliance with our request. No doubt the Chair was right; but could I have been indulged, I should have been relieved from performing this day what cannot but be esteemed a delicate and unpleasant duty.

Mr. BOND, of Ohio, said that, in common with all his colleagues, he felt a peculiar desire that the motion now under consideration might prevail. I will not (said Mr. B.) attempt to disguise the fact that I cherish a deep and abiding interest in the result. The subject which gives rise to this motion, sir, is one of universal and intense interest in Ohio, and the remark made the other day by one of my colleagues, expressive of the unanimity of our entire delegation in Congress, is equally true as to the whole population of our State. No matter what is or may have been the difference of opinion among us, touching many of the great questions which occasionally excite and agitate this nation, I take leave to say, sir, that the people of Ohio, in relation to the subject-matter of the President's message now under consideration, believing it to affect their sovereignty, are one and undivided. It must therefore be manifest to the House, that a subject which so suddenly | unites both sections of two great parties, holding genious delicacy. erally adverse opinions, must possess more than ordinary influence,

But, Mr. Speaker, I ask the reconsideration of this motion on other grounds, which I esteem equally strong, and which happily involve no question of fastid

There are questions of high legal import involved in this dispute-matters for judicial inquiry. It is unnecessary now to press them. The construction, too, and legal interpretation of several acts of Congress, and of what, on a former occasion, was justly termed by the gentleman from Massachusetts the "matchless and irrepealable ordinance of 1787," all necessarily attend this investigation.

I appeal, then, to you, Mr. Speaker, and to the House, if, in disposing of this motion, great care should not be taken to impress all the parties in interest with a conviction that the utmost fairness and impartiality have marked our deliberations and proceedings in regard to it. If it should appear that the question has been prejudged, or committed to a tribunal any member If, indeed, as has been said by the gentleman from of which has already decided it, it is absolutely certain Vermont, [Mr. EVERETT,] there are mixed questions of that you will fail in reconciling the losing party to your law and fact, coupled also with those of expediency, still judgment, although its propriety and justice may be greater is the necessity for having a trained legal mind susceptible of easy demonstration. It is admitted to be to separate and decide them. By our rules we have a most desirable to convince all the parties in a contro-standing Committee on the Judiciary, composed, as it is versy, that they stand upon an equality before their presumed to be, of gentlemen eminent for their legal triers. If they believe in the impartiality of the tribu- acquirements, and who may be said to be the legal adnal, they are the more ready to abide the judgment, visers and counsellors of this House. It is to this comthough adverse to their wishes. But if a contrary im- mittee, sir, that we should look for the investigation and pression is created, you can never appease those against determination of such questions as I have stated to be whom you decide, and thus will defeat one of the great involved in this subject; and admitting that there are ends of government. gentlemen of eminent legal acquirements on the select committee, and I am far from disputing it, still it would be productive of great confusion and irregularity to vary from what is, or ought to be, the settled practice of the House.

I have been induced to make these suggestions, Mr. Speaker, because of the ascertained and deliberate judgment and decision of the distinguished chairman of the select committee to whom this subject has been referred. I beg the worthy gentleman to pardon me in making this allusion to him. I assure him it is not done in any spirit of unkindness, nor from the slightest motive of disrespect. I have been an observer of a part of the long and distinguished public career of that gentleman, and have seen in it much to approve, and nothing that would occasion me, knowingly, to wound his feelings. I do not complain, sir, because the gentleman has examined the subject, nor because he has made up and publicly expressed an opinion against us. All this he had an unquestionable right to do, and, indeed, I believe was probably constrained to examine the subject from his official station in this House at a former session. But a high and solemn sense of duty enjoins it on me to say that, having done these things, the worthy gentleman is not an impartial trier, and that it would be but mockery to send this subject to him, under the pretence of his now investigating it, and reporting the result to this House. Sir, we already know his opinions and his judgment upon this matter; and I assimilate the case to that of a juror who, having once sat in a cause, is disqualified from being placed on the venire in any subsequent trial of the same matter.

Mr. Speaker, I am an entire stranger to the opinions

It is wrong to commit legal or judicial inquiries to any other than our standing committee on such subjects. It would be an encroachment on the province of that committee, and ought not to be indulged in for slight

causes.

Before taking my seat, sir, I must be permitted to allude to a remark thrown out by the gentleman from Maryland, [Mr. HowARD,] at whose hands I have already received too much kindness, to suppose he would know. ingly press a fallacious argument against us.

In discussing a matter nearly connected with this now under consideration, my friend from Maryland thought that the House ought not to refer it to the Judiciary Committee, since it was known to be the unanimous wish of the delegation from Ohio that it should be so done, as it might therefore be charged that there was partiality, or an undue influence, by our undivided front. Now, so far from this being a just inference from such premises, I would ask if something is not fairly due to the joint request of any delegation, great or small, where it is respectfully made? But still greater is the propriety of complying with such request, where it is in itself reasonable; and, above all, where the committee to whom they ask a subject to be sent is impartial and un

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committed, and the matter fully within its appropriate sphere of inquiry.

We know, sir, that "in union there is strength;" and I should be very sorry that a virtue which is so essential to the duration of all our institutions should be urged against us as impairing our rights. But I most fondly cherish the hope, Mr. Speaker, that this motion to reconsider will receive the kind indulgence of the House.

Mr. ADAMS rose and said: I have very little to say against the reconsideration of this question; for, if it is the opinion of the House that it ought to reconsidered and referred to another committee, it will certainly relieve me and my colleagues from an exceedingly laborious and painful duty. But, sir, the objection which has been made by the member from Ohio, [Mr. BOND,] against the confidance of this duty into the hands of this committee, is one which seems to require of me some reply.

It is, indeed, very true that at the last session of Congress, entirely without any foreknowledge of mine, either of the proposition or of the merits of this question, a bill from the Senate, establishing the boundary line of the State of Ohio, and, I believe also, of the States of Indiana and Illinois, came to this House, and was referred to a seleet committee, of which it was the pleasure of the Speaker to appoint me chairman. It is also true that the committee consisted then of seven members; six of whom concurred that the State of Ohio had no right whatsoever to the boundaries contested for by her; that six out of the seven were of opinion that the Territory of Michigan was entitled, by every law, human and divine, to the boundary which she claimed. Six out of seven!

Sir, since that time, transactions of great moment to the peace and welfare of this Union have occurred. The State of Ohio, by her legislative and executive authorities, has gone on to settle this question by main force. Armies have been arrayed by the State of Ohio, to settle this question by force; and that those armies have not been met by the adverse and hostile armies of the other party, had been more owing, probably, to the discretion of the President of the United States, than to the discre. tion of either of the parties to this controversy. Under these circumstances, the peace having been preserved between the two parties, (if my friend from Ohio will permit me to consider the Territory of Michigan as a party to this matter, however the State of Ohio may deny that she is so,) peace, I say, having been preserved, at the commencement of this session the President of the United States transmitted to Congress two messages; the one containing the constitution of the State of Michigan, formed by the people of that State, as they conceived, conformably to the rights secured to them as citizens of the United States by the constitution of the United States; and upon that constitution, formed with a boundary line given to that Territory by an act of Congress of the year 1805, under the irrepealable ordinance of 1787, constituting the same identical boundaries, the President of the United States had sent a message. The Representative of that State had presented himself here, and, under the claim of rights secured to him by the constitution, as a citizen of the United States, he claimed a seat here. In the other branch of the Legislature, two Senators, elected upon the same principles, and under the same claim of right, have presented themselves for admission to that body. Sir, to my regret, (and I speak only of what occurred in this body,) the Representative of the State of Michigan has not yet been admitted upon your floor, not even as a common spectator.

Sir, it becomes my duty to be perfectly explicit upon this subject. I pretend to no such thing as impartiality between the two parties; and if the sentiment of parti

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ality, or the sentiment of justice, which I believe belongs to one of them, is to disqualify me as a member of this committee, ask the House how they will qualify the twenty-nine members of this House, several of whom have shown such deep feeling in this controversy? Theirs is not a question of partiality, but of the highest and deepest interest; a matter upon which, while on all other subjects they differ as widely as the poles, they have told you that they are all united as one man. Yes, sir, nineteen members from Ohio, seven from Indiana, and three from Illinois, are all united as one man. And why? Sir, I wish to say that I consider them all as men with a sense of justice at their hearts as full and entire as my own; but upon this question they are interested. This is not a question of partiality or impartiality with them; they cannot but have an opinion different from that which others entertain. With them, it is a question of interest, not of right, upon which they and their fellow-citizens held their arms in their hands to shed the blood of their fellow-citizens, and to sustain their rights, with the same unanimity with which they come here to speak, and sustain, and vote, for that interest. And, sir, because a member of the House, having no interest under heaven in this issue, not considering it as a measure of interest, but as a question of right and wrong, had heretofore, in the discharge of his duty to the House and the country, expressed an opinion that they have nothing but power, and no right on their sidewhen the subject comes here to go to a committee, not to decide, but merely to give counsel and advice-they get up and tell you that the member is disqualified. Sir, I cannot help admiring the sense of justice which enables these gentlemen to disqualify a member because he had an opinion not suited to their interests; and then to vote, twenty-nine of them, one after another, upon every question connected with this case.

Sir, I will say one word more. There are twentynine members on the one side, exercising the right to speak and to vote, and all of whom represent States which are directly interested in the question. On the other side, I look around, and I see only a single individual representing the Territory of Michigan. I have no doubt he is fully qualified to sustain the rights of his Territory upon this floor by all the power of speech which has been displayed by the adversaries of Michigan, but he has no vote; and I believe, in the general estimation of us all, a vote here is worth more than a speech, be the speech from whom it will.

Sir, one word more. I am afraid that, besides the twenty-nine votes depending here upon the issue of these questions, there are thirty-five votes of another description, which may unfortunately have more influence than they ought to have in the final decision of this subject in another place. But, sir, I have said it is my duty to be fair and explicit. I offered the resolution, referring these papers to a select committee, not on my own inclination, for no public duty that I ever discharged could come more ungraciously to me, but at the request of these gentlemen who are here knocking at your door, claiming to be Representatives like yourselves, and whom you have not yet admitted. I was well aware of the objection that could be taken to my having any concern with this matter, other than that of voting upon it when the yeas and nays were called upon any question in relation to it, on the ground that I had formed an opinion. But, really, when I considered the alternative part of the proposition, the number of votes upon the one side, with the solitary voice on the other, I thought I was not justified in refusing the request.

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For what was it? I have said the subject was not to be decided by, but merely referred to, a committee, the duty of whose chairman would be to present a report to this House for its consideration, which should present

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the whole merits of this question before the House; which has not yet been done.

The report of the committee of the Senate simply declares that the committee had no doubt of the right of Congress to settle the disputed boundary conformably to the claim of Ohio. That report I think I have seen qualified in one of the official documents from the State of Ohio, as a very able report--yes, sir, and this great ability consisted in a simple declaration that the committee had no doubt of the power of Congress, to settle the boundary; but not one iota of argument, nor one single allusion to any question of right between the par ties, did it contain. Upon that report the Senate did pass a bill, which, when it came to us, was referred to a select committee of this House, of which I was appointed chairman. After hearing the parties on both sides, day after day, for a week; after hearing an able argument from one of the most intelligent members of the Ohio delegation on the one side, and from the delegate of the Territory of Michigan on the other, the committee came to the conclusion, which it then stated to the House, that the bill ought not to pass. They made no report, because there was no time to draw it up. Upon that expression of opinion a discussion arose in the House, towards the close of the session, when I gave my views upon the question generally. Now, sir, when those gentlemen came to me, and asked me to move the reference of the two messages to a select committee, I told them that I would move the reference of one subject (that of the boundary) to a select committee, and said that, for the full establishment of justice between the parties, I thought it was proper that the two messages should be referred to two distinct committees. If they concurred, the decision would be more harmonious; and if they differed, every thing then would be said on both sides of the question. I therefore moved to refer the one to a select committee, leaving the other to take such direction as the House should think proper.

Sir, I have stated to the House the course of my proceedings, and the character of my motives. I have been explicit--there is no doubt upon my opinion. I have nothing more to say. The House will decide as they shall think fit and consistent with justice. I shall feel myself relieved from one of the most painful public duties I have ever performed, if they should transfer the duties to be performed by the chairman of the select committee to the chairman of some other committee of the House.

Mr. STORER, of Ohio, said: It is with great pain, Mr. Speaker, that I feel compelled to object to the reference of the question under debate to the select committee, and of which the honorable and venerable gentleman from Massachusetts is the chairman. If, sir, in the course of my remarks, he should regard any sentiment I might utter as severe, I beg him to impute the necessity under which I am placed as a sufficient apology. Between that gentleman and myself there ought to be but the kindest feelings. In days that have gone by I have sustained him, sir, when few cried "God bless him!" and since that period, in every vicissitude of his eventful life, I have marked with intense interest his career. It is not when I object to his supervision over the interest of Ohio that I would, in the most remote degree, question his high qualifications to discharge his duties, wherever and whenever he may be called on to exert his great mind; but, sir, I wish that the sun of his fame should set in splendor: that, in the decline of his memorable life, no clouds or darkness should rest upon it.

My colleague, to whom the gentleman from Massachusetts has just replied, very properly excepted to the propriety of the reference, as the chairman of the select committee had already expressed his opinions in strong

[DEC. 28, 1835.

and decided terms. The reasons he has urged I do not consider have been answered, and I regard them as unanswerable.

It is said, sir, that there is no delicacy on our part to act as triers of this question, though we object to the chairman of the special committee, as having already decided against us. Suppose for a moment that the analogy between the cases was perfect, what does it prove? Why, sir, that the gentleman from Massachusetts excuses one act of indelicacy by the exhibition of another. This, sir, is not a sound mode of reasoning, as it admits the weakness of the one position, while it would expose that of the other. But there is a most palpable distinction between the two cases. Although the delegation of Ohio will pass upon the question by their votes, they have not asked to prepare the case, to find the indictment upon which the whole matter must be tried. If any one of my colleagues should have sought the reference of the President's message to a committee of which he was, or would by courtesy be, the chairman, then the cases alluded to would have been apposite. As we now stand, sir, the parallel does not hold, and the attempted display of wit is gratuitous. We wish, sir, that the committee who are to act as the grand inquest in this whole matter, who are to prepare the issue we are to try, and in which such important interests are involved, should be without bias, uncommitted, impartial. Their report, for good or for ill, must have an influence upon the question. It will be published and read long before the ultimate principles it involves are decided, and long before its effects can be counteracted; for, sir, I assume it as true that ours is, in a most interesting sense, a Government of opinion; and, whatever may be our decisions here, they will be judged by the people upon their own view of the case. Now, the report of a committee furnishing all the facts upon which that opinion is to operate, it is the only criterion by which our acts are to be tested. How desira ble, then, is it, sir, that those who make the presentment should come to the subject untrammelled by prejudice and uncontrolled by feeling.

If such is the result in ordinary cases, how strongly does the argument now apply? The whole force of a powerful, clear, and cultivated mind, the whole force of great political and moral character, are to be concentrated upon a subject which it is admitted has been already prejudged. Sir, I protest against the occurrence of such a contingency. I know full well the ability with which the honorable gentleman will prepare his report, and I know, also, the avidity with which every thing that comes from his pen is perused. I cannot, therefore, consent that he shall write us down, in the threshold of the question, as he has generally done all his antagonists. We wish to be heard, before the blow that decides our fate is struck, and courteously, yet firmly, would insist that it is our right, as we know it is our duty, to challenge for favor, if necessary, any one of the panel who has prejudged the cause. I would appeal, then, to the honorable gentleman, and entreat him, when there is so much at stake, to decline his opposition to the reference, and reserve his strength for the final struggle.

The honorable gentleman has said that there are twenty-nine members on this floor, who moved in solid column, while the Government of Michigan has no advocate here. Sir, the gentleman does himself great injustice; for I am satisfied, without any disparagement to any representative that might be selected to protect the rights of Michigan, they could not be more ably, zealously, and untiringly sustained than they have been, and I have no doubt will be, by that honorable gentleman. There is no fear, then, that the Territory will not have the most paternal care exerted in her behalf, and the most commanding eloquence invoked in her defence.

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It was said by the gentleman from Massachusetts, that Ohio had resorted to force, and that even blood would have been shed had it not been for the mediation of the President of the United States. Sir, the picture is exaggerated: whatever of war, or rumors of war, may have been heard this side the mountains, our peaceful valley has not yet been disturbed by such fanciful conflicts. In all the marchings and countermarchings of an armed force, we hold that Michigan has had the honor of the melee to herself. The battle ground has been hers only; and if there has been a conflict, she has sought it. Sir, if the chronicles of the times have exhibited the same facts to the gentleman that they have to me, he will find that the acting Governor of Michigan has been on the disputed territory, in the presence of his troops; and I am authorized to assert, also, that, in March last, on his requisition, the officer commanding the arsenal at Detroit issued one thousand stand of muskets, with seventy-five thousand ball cartridges, to maintain, as was said, the "integrity and laws of Michigan." Yes, sir, the arms of the United States were placed in the hands of the Executive of Michigan, by a federal officer, to be used against the people of Ohio. Sir, when the President was advised of this startling fact, he instructed the Secretary of War to direct that the arms and ammunition should be returned immediately, and intimated, at the same time, that the requisition could not be approved.

It gives me pleasure, sir, to believe that the President has always discountenanced the conduct of the Execu tive of Michigan, and that he has exerted himself to quiet the difficulties on our border. He has appointed a commission of intelligent gentlemen, who repaired to the frontier, and, as they supposed, in good faith, had arranged, for a time at least, the cause of contention. He has expressed himself, in decided terms, that our boundary should be settled before the admission of Michigan into the Union, as I am assured by the letter of my honorable predecessor to the Governor of Ohio, heretofore communicated by him to the Legislature of that State. I agree with the gentleman, that the President has exerted himself to bring about an amicable settlement of the question; and, so far as Ohio is concerned, I feel constrained to say she has acted in strict accordance with every stipulation she has made.

Sir, it is unjust and ungenerous to assail Ohio in the manner and language we have witnessed upon this floor; and he is her recreant son who will not cast back the reproach, and stand forth as her champion.

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prove, still I trust that the honorable gentleman will listen to my appeal, and withdraw his opposition to the reference. He cannot forget his speech in February last, on this floor, when he covered the whole ground of the present controversy, and where he has unalterably committed himself against Ohio-a speech that has been this morning recognised as his proper offspring, and all its leading arguments again reiterated.

Sir, I thank the House for their indulgence, and close with a confident hope that the motion to reconsider will prevail.

Mr. LANE next addressed the House, in reply to the gentleman from Massachusetts, and in opposition to the reference to a select committee. He was in favor of sending the subject to the Committee on the Judiciary— a committee which would do entire justice to all parties concerned.

Mr. VINTON said it was not his intention to enter into the debate on this motion; but the remarks which had fallen from the gentleman from Massachusetts [Mr. ADAMS] impelled him, from a sense of duty, to throw himself upon the attention of the House. Deeply as he felt on this subject, he would endeavor to avoid the indulgence of feeling which the gentleman from Massachusetts, in the course of his remarks, had manifested. The open avowal of that gentleman, that he did not pretend to be impartial, and that he had consented, at the instance of the agents of the Territory of Michigan, to take this question of disputed boundary into his hands, not for the purpose of deciding upon it according to its merits, but with the view of opposing and defeating the claim of the State of Ohio, brought the House directly up to the decision of the question, whether it would tolerate and sustain the gentleman in that attempt. If it would, he, as one of the Representatives of the State of Ohio, desired to know it; and the sooner that information went to the people and Legislature of the State, now in session, the better, as they would then know what sort of justice to expect here. The people of the State of Ohio, of all classes, are as thoroughly satisfied of the justice of their claim as the gentleman from Massachusetts is of its injustice. And a majority of the people of that State were firmly persuaded they were called upon to sustain the dignity and honor of the State against the repeated and unprovoked aggressions of the authorities of the Territory of Michi gan, during the past season, upon the jurisdiction of the State, and to repel by force their lawless acts of mil

I had hoped, sir, that the remembrance of the blood-itary violence. less frays upon our frontier would have been known A portion of the community had used their endeavors only in the border tales of the West; that they would to persuade the people to stay their hand, and to wait not have received form and substance, too, from the the action of Congress on this subject; they were as plastic hand and poetic genius of the honorable gentle-sured they might rely on the justice and impartiality of man from Massachusetts. But, sir, I am mistaken. The events in the Northwest are now matter of history, and will descend to future time in the glowing diction of him who has chronicled them in this day's debate.

Sir, I make a final appeal to the gentleman from Massachusetts. The people of Ohio have, on more than one occasion, given him the strongest proofs of their regard, and they still cherish for the memory of his distinguished ancestor all the consideration that his eminent services in their behalf so justly have claimed. Sir, it cannot be unknown to this House, that, during the negotiation of the treaty of 1783, at Versailles, the British minister insisted that the river Ohio should be the boundary of the United States; and it was while thus narrowed down in her territory that her borders were not only extended, but finally carried to the lakes and the Mississippi, by the uncompromising firmness and unconquered vigilance of John Adams.

Congress. He was one of those who had taken that course; and he stood pledged that, whatever might be the decision here, reliance might be placed on the justice and impartiality of this body. If, when the inflammatory speech of the gentleman from Massachusetts, with his undisguised avowal of his intentions, shall go forth to the people of Ohio, already excited and smarting under a deep sense of outrage and injustice, the vote of this House, sustaining him in his attempt, shall accompany that avowal, there can be no mistaking its effect among them. They are not in a temper, sir, quietly to submit to a disregard here of even the appearance of justice and impartiality.

The gentleman, sir, discloses the fact that the agents of Michigan, now in this city, solicited him to take this subject into his charge, and that he promised to further their designs by moving a select committee, of which, by the courtesy of the House, he would be made the Sir, we cannot forget the past; and though we have chairman, and that, too, with a settled determination to witnessed to-day much to regret and much to disap-make up a report against the State of Ohio. I beg leave,

VOL. XII.-132

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