Sir, this has become a very important subject, and should be so considered. The question, "Who is responsible for the failure of the fortification bill of the last session?" is now made to supersede almost every other question, no matter how deeply, pressingly, and immediately, it may involve the most important public interests for the future. I readily confess that we should be providing for the future, rather than be squabbling about the past. But so it is, "the party" has seen fit to make this a test question of political merit; it has been discussed in all the public prints, particularly in that which is the organ of the adminis-priated, out of any money in the Treasury not otherwise tration; is made the most prominent subject of discus. sion in Congress; the most woful misrepresentations concerning it have obtained currency and credence; the innocent are made to bear the sins of the guilty; truth and justice both have been violated; a presidential canvass is made, in part, to depend upon this question; the public mind is anxiously inquiring about it, and I am determined that the whole truth shall be told, and that all the light which I can shed upon it shall be given to the world. The discussion thus far has been perfectly

H. OF R.]

Fortification Bill of Last Session.

jections to it, and declined several votes afterwards, until my colleague [Mr. MERCER] and others convinced me there was no foundation for the objection to voting after 12 o'clock. On the question, "Shall the bill pass?" the vote stood: Yeas 94, nays 80. Number of votes 174. This, sir--this was the last bonafide vote of the last House of Representatives. Here it died, strangled by fraud and foul play!

I beg of the House to stop here a moment with me, whilst I collect together and group the facts which I wish borne along in our remembrance, when approaching other facts which follow.

The House will please to remember that the committee of conference was appointed long before the vote on the Cumberland road bill, and time enough for them to have reported before the hour expired.

Remember that the committee of conference returned just before or at the time of the vote on the Cumberland road bill, or just before or at the time of the vote on the Moore and Letcher resolutions. I care not which. That, from the offering of the three millions amendment until the Cumberland road bill, inclusive, the yeas and nays were called five times, showing, at the different times, 186, 175, 197, 195, and, immediately preceding the Moore and Letcher resolutions, 174 members present and voting.

Mark, now, the names of those who voted on the Cumberland road bill knowingly and wittingly, with proc. lamation of notice, after twelve o-clock at night. Among the yeas in favor of that bill we find the name of Samuel Beardsley, a gentleman who, in a breath af terwards, excused himself from voting, for the reason "that the term for which the members of the twenty-third Congress had been elected had expired." Such is the vote, and such the reason for not voting, as the journal shows beyond dispute.

[Here Mr. BEARDSLEY said that, by his watch, it was not so late as twelve o'clock when the vote on the Cumberland road bill was taken. He recollected that there was a diversity of opinion about the hour.]

Well, sir, the gentleman has served in more than one Congress: did he ever know any diversity of opinion, any question about the hour, before the last night of the last session?

[Mr. BEARDSLEY said he could not submit thus to be catechised.]

[JAN. 22, 1836.

[The SPEAKER said the gentleman has the right to read from the journal. I thought he was naming gen tlemen in this House.]

Mr. WISE replied, I have told you, Mr. Speaker, repeatedly, that I was reading from the journal, and I claim the right to read plainly out the name of-Church ill C. Cam-brel-eng.

[Cries of "go on! go on!"]

As soon as Churchill C. Cambreleng gave this vote, and all the votes were told, after twelve o'clock at night, Churchill C. Cambreleng, the chairman of the committee of conference, might as well have done his duty and made his report to the House. But this is not Two enrolled bills were next reported, one of which the Speaker signed after twelve o'clock at night, confessedly.

all.

Mr. Jarvis, of Maine, then moved the following resolution:

"Resolved, That, the hour having arrived when the term for which this House was elected has expired, we do now adjourn."

Sir, note that here is a resolution offered to the House, giving additional notice to that of Mr. Gilmer, that the hour had come. Note by whom this resolution was offered: by a gentleman who afterwards voted. [The CHAIR again interposed for calling proper names.]

Mr. WISE. I read from the journal. I call the attention of the House to the fact that here is a resolution to adjourn, for the reason of the time of night--that the hour had come-that we were dead. Mr. Jones, of Georgia, also, immediately moved to adjourn, for the purpose of trying whether the House thought it could sit after twelve o'clock. Here is double notice to all who had conscientious scruples. It was negatived. When was the want of a quorum to do this?

A motion was then made to suspend the rules to take up the Moore and Letcher resolutions. It passed in the affirmative. Where was the want of a quorum to prevent doing this? After debate, the previous question was moved and demanded. On the question, "Will the House agree to the resolution as herein recited?" the vote stood: Yeas 111, nays 2. Number of votes, 113.

No quorum! but among the yeas I find the names of John Quincy Adams and Churchill C. Cambreleng! Yes, sir, both voting long after all had been thrice notified that the hour had come! Where were their consciences?

[The CHAIR here said it was not in order to indulge in personalities, or to refer to motives.]

I know, sir, from childhood up, that catechisms are unpleasant; but when truth is suffering violence we must all submit patiently to be questioned, and the nation must know all the facts, and the whole intent in this case. But perhaps by that gentleman's watch it was not then twelve o'clock, though it was soon after- Mr. WISE. Why, sir, the gentleman before me (Mr. wards. I know it was twelve o'clock and past, for IC.) is continually assuring me that he does not object to remember well the fact that Mr. Gilmer, whose conscience did keep a strict watch over his timepiece, announced it to the House and departed from his post, which he never did unless compelled by sickness or a sense of duty; and I know that I was held in my seat by the strong arm of a strong friend of the Cumberland road bill. The name of that gentleman is not the only name which I wish the House to remember among the votes on this bill after twelve o'clock at night. Among the nays, sir, we find the name of Churchill C. Cambreleng.

[Here the SPEAKER again interrupted Mr. WISE for calling members by name.]

Mr. WISE again said, I claim the right to read the journal of the last session of Congress. Names, dates, persons, facts, are what are wanted. I cannot get along unless I am permitted to call things by their right names. It is impossible for me to get along with any thing like a connected relation of facts, if I am thus to be interrupted.

be named, and why should the Speaker? No member calls to order, and I hope I shall be permitted to proceed. The gentleman from Massachusetts has said that gentlemen refused to vote after twelve o'clock, for reason of "conscientious scruples." I put the question, then, in more charitable phrase: where were their "scruples?" Not only had Mr. Gilmer retired, announcing beforehand his reason, but two resolutions had been expressly offered to adjourn, assigning the reason that the hour had expired--notice given verbally and in writing before this vote was taken. Where were the scruples of the gentleman then, who after this gave as one reason for not reporting from the committee of conference, that the hour had come?

But, sir, the most important fact at this point of time to be noted is, that at one moment you see one hundred and ninety-seven, at another one hundred and ninetyfive; immediately preceding this moment one hundred and seventy-four members present and voting; and of a sudden, in the twinkling of an eye, as if by magic word,

there is no quorum! Sir, at the sound of the whistle, the Roderick Dhu-men disappeared! Where did they go--why--for what?

Two enrolled bills were next reported as having been presented to the President for his signature; and a message was next received from the President, notifying the House--the House, of course, then in being, after, long after, 12 o'clock--that he had approved and signed more than seventy enrolled bills. The President, this proves, was in the Speaker's room after 12 o'clock at night, signing bills. It is notorious he was in that room signing bills, after that time of night, after Mr. Gilmer retired, and after the resolution of Mr. Jarvis to adjourn. [The CHAIR again interrupted Mr. WISE for mentioning names.]

Mr. WISE asked, what names?

The CHAIR. The name of Mr. Jarvis.

Mr. WISE. I am reading from the journal. The CHAIR. I did not so understand the gentleman. Mr. WISE. Why, sir, those names which I am reading from the journal died, according to conscience, on the 3d of March last!

Mr. MERCER said his colleague [Mr. WISE] must of necessity refer to the names of members of the last Congress.

Mr. WISE. I claim the right to do so, and protest against this interruption of the Speaker!

The CHAIR disclaimed any intention to interrupt the the gentleman from Virginia.

[H. OF R'

sit? If the House no longer existed in law, and possessed no legislative funcions or power, after the hour of twelve, what object was there in voting to continue its session? Will the gentleman from New York [Mr. CAMBRELENG] say that he changed his opinion; that his "scruples" were begotten between this point of time and the moment he refused to report the proceedings of the committee, for the reason that the hour of twelve o'clock had expired?

But, sir, I must proceed; I am determined to travel over the whole journal, and point out every fact, even to the crossing of the 's and the dotting of the i's. After Mr. Jarvis's last resolution failed, for want of a quorum, Mr. William Cost Johnson, of Maryland, from the select committee on establishing a national foundry, made a report, which was read, and the resolution therein recommended was agreed to by the House! How could this report be made, and this resolution be agreed to by the House, if there was no quorum and no House? If a quorum and if a House to receive and agree to a report and resolution of a select committee, why was there not a quorum and a House to receive and agree to the report of the committee of conference? Why did its chairman, Churchill C. Cambreleng, not then make its report? He was voting against adjournment, though he knew, all knew, the hour had come; and, so far from being a dead body, the House was a living, legislating, acting, moving body!

The Speaker then laid before the House no less than nine communications from the executive Departments, among which was the letter of the Postmaster General, which was read; and Mr. White, of Florida, laid upon the table an act of the Legislature of that Territory. In a word, sir, every species of legislative action was performed. We were invested with all the functions, attributes, powers, and paraphernalia of a House of Representatives. We were not dead, but living legislators, with the substance as well as the semblance of an organ

Mr. WISE. I hope I may proceed, then, without interruption. A motion was received from the Senate as to enrolled bills, signed by the President. How could we receive this messsge if we were dead? A motion was again made by Mr. Jarvis to adjourn. Here it was that Samuel Beardsley, of New York, being called, declined to answer, on the ground that the session had expired! He was called and came not, at this time, because the hour had come! Had not the hour come on the Cumberland road bill? Was not notice given to all by Mr. Gilmerized body--the Speaker sitting in that chair, the mem that the hour had then come? Mr. Beardsley's name was passed over, and he did not answer again that night. There were many others who did not come again that night, who were here, but had a call from behind the curtain--who shrunk from their posts, and skulked behind that chair, behind those pillars, appeared and disappeared at the sound of the whistle, and who should have shrunk into nonentity!

The

The question was taken on adjournment moved, then, notoriously after twelve o'clock, by Mr. Jarvis, who had already said, by his resolution, we were dead. vote stood: Yeas 15, nays 103. Number of votes, 118. Here, sir, only three members were wanting to make a quorum; and I know, I will make oath to the fact, that there were more than three members in the House who did not vote. Mr. Beardsley was present, Mr. Mann, of New York, was present, and I was present myself, and neither of us voted. I will account, sir, for not voting myself. I wish every gentleman would do so, and had done as I did afterwards--answered when called. But who did vote? Mr. Jarvis voted in the affirmative, and Churchill C. Cambreleng voted in the negative, voted against adjournment, after he knew the hour had come! After every kind of notice which he could have had of the expiration of the hour, he voted against adjournment; virtually declaring, necessarily voting that the House might sit, was competent to legislate, and ought to continue in session. Now, sir, gentleman may excuse themselves, those who pretend to have had "conscientious scruples," for voting in the affirmative, for that may have expressed their scruples about continuing to sit; but I am utterly at a loss to see what can justify those who had “conscientious scruples" in voting against adjournment. Why vote to sit if they could not

bers here in their seats, long after it was notorious that the hour of twelve o'clock was past and gone forever. Thus formed, thus acting, living, moving, and having our being, we received a message from the Senate to notify the House that the Senate was waiting for us to act upon the fortification bill:

"A message from the Senate, by Mr. Lowrie, their Secretary:

"Mr. Speaker, I am directed to bring to this House a resolution passed by the Senate, and which is as follows:

"Resolved, That a message be sent to the honorable the House of Representatives, respectfully to remind the House of the report of the committee of conference appointed on the disagreeing votes of the two Houses on the amendment of the House to the amendment of the Senate to the bill respecting the fortifications of the United States."

Sir, what did this message mean or say, which could have been offensive? It is expressly respectful in its language and in its object. The Senate was waiting for the action of the House on this bill, which alone delayed the termination of the session, and which remained unacted upon by the House, whilst it was acting upon a great variety of other business of much less importance. To my mind, the Senate, by this message, so much abused in the interpretation of it, said to the House, “respectfully," "we do not wish this bill to fail, and we respectfully ask that you will act upon it, and save the interests of the country involved in its passage." This message was received; it was not sent back with an insult to the Senate, as the gentleman from Massachusetts [Mr. ADAMS] would have dashed it on their floor; and what then transpired? The journal states:

"Mr. Cambreleng, the chairman of the conferees on the part of the House, then rose and stated that he declined to make report of the proceedings of the committee of conference aforesaid;" and, sir, mark the reasons, and compare them with the facts already detailed: "On the ground that, from the vote on the resolution granting compensation to Robert P. Letcher, which vote was decided at the time the committee returned into the House from the conference, it was ascertained that a quorum was not present; and, further, that he declined to make the said report, on the ground that the constitutional term for which the House had been chosen had expired." Up to this moment the House had been hourly waiting for the report of the committee of conference, and not until this moment had the least intimation been given that the chairman of the committee would decline to make the report! He gave two reasons: First, "it was ascertained no quorum was present." How was this ascertained? Why was not a quorum present? That is what I wish the gentleman to answer me! Up to a given point of time-up to the vote on the Moore and Letcher resolutions; and, if that was the time when the committee of conference returned, up to the very moment when that committee did return, there were one hundred and seventy-four members present and voting-fifty-three more than a quorum. What became of this number of votes? Why, sir, at the sound of the whistle, at the wink of the leaders, the "faithful vanished! the "trained bands" were "down! down!" in ambuscade, at the stamp of the foot! It was not because they were not here, but because, being here, they would not vote-were ordered not to vote, that there was no quorum. I put it to the gentleman if he did not know, and does not know now, that there was more than a quorum present? How many were present refusing to vote, when but three were wanting to be added to the vote of one hundred and eighteen? Were there not more than twenty present who voted, or refused to vote, as circumstances directed them, or as the leaders pleased? Who were they who would not vote? Read the journal for yourself-he who runs may read. Look at the names of "the party!" It was not the House, or a majority, which was to blame. A majority of the House was ready, and willing, and anxious, to pass the bill; but a very small minority could reduce us below the number of a quorum. A majority of the House maintained their posts and did their duty that night. Some, it is true, left from anxiety to get home, some were sleepy, some were I beg pardon, I was about to say some were drunk; but, drunk or sober, they were ready to vote and pass the bill; but the chairman of the committee of conference [Mr. CAMBRELENG] would not make his report, because there was no quorum! Now, how did he know there was no quorum without a call of the House?

[Mr. CAMBRELENG. I knew it.]

Mr. WISE. Yes! I know you knew there would be no quorum without a call; no man knew it so well as you did! But how did you know it? Did you not know where those were who were ordered to be "deficit" on the occasion of a call? So much for the want of a quorum!

The second reason of the gentleman was, "that the constitutional term for which the House had been chosen had expired!" Now sir, please compare this reason with the gentleman's own votes. Thrice, previous to his excuse, the gentleman himself had voted on a call of the yeas and nays--he voted on every call-from the Cumberland road bill up to this paltry excuse, repeatedly after twelve o'clock at night! He voted against the Cumberland road bill, then in favor of a resolution to pay money out of the House fund to Robert P. Letcher, and actually against an adjournment, after the hour of twelve o'clock, before he gave in this excuse for not reporting from the committee of conference; and, sir, will

[JAN. 22, 1836.

it be believed that the gentleman did actually vote upon a call of the yeas and nays even after he gave this reason, that the term of the House had expired! Sir, I can. not understand the consistency of this conduct with these excuses for failing to do an act of duty. Can the gentleman explain this?

[Mr. CAMBRELENG. Yes, I will.]

Mr. WISE. You will attempt it, but you cannot explain it. Yes, sir, after this excuse was offered, a motion was made to adjourn, and on the call of yeas and nays Mr. Cambreleng was found still voting. And, sir, among the list of nays on this last vote, at the fag end of the night's labors, is found the name of John Quincy Adams. [Mr. ADAMS here explained.]

Mr. WISE was proceeding to reply; when [Mr. MERCER said his colleague had totally misapprehended the gentleman from Massachusetts, and repeated in substance Mr. ADAMS's explanation.]

Mr. WISE. Then I have misunderstood the gentle. man. I thought he had been arguing all the time that the House was a dead Hector at twelve o'clock that night. The distance of the gentleman's seat prevents my hearing him distinctly. I am happy to be corrected, for the gentleman's opinion is one I regard highly on such questions.

But, sir, there is that other name, which must not be forgotten, by the side of the towering name of the gen tleman from Massachusetts; that name reads, Churchill C. Cambreleng, who continued to vote after he excused himself from reporting, because in his conscience he was dead!

To go back a little. Mr. Cambreleng, with such excuses, and such of his own conduct to rebut them, declined to make the report of the conferees, and Mr. Lewis had to make the report, long, long after the conferees had returned to the House.

[Here Mr. CAMBRELENG said the report was not made by Mr. Lewis.]

Mr. WISE. He did make it! Here it is upon the record, (holding up the journal:) this journal says so. "Mr. Lewis, from the conferees, then made a report, as follows:

"That the conferees had agreed to recommend to the respective Houses, that the House of Representatives recede from its amendment, containing an appro priation of three millions of dollars, to be expended, in whole or in part, under the direction of the President, for the military and naval service, including fortifications and ordnance, and increase of the navy; and that, in lieu thereof, the bill be amended by inserting therein the following, viz:

"As an additional appropriation, the sum of $300,000 shall be appropriated for arming the fortifications of the United States, over and above the sums provided in this act; and that the sum of $500,000 shall be, and hereby is, appropriated for the repairs and equipment of the vessels of war of the United States, in addition to previous appropriations; the said sums to be paid out of any money in the Treasury not otherwise appropri ated."

On the question to adopt this report, it was objected there was no quorum; and tellers having been named, they reported that no quorum was present.

Mr. Lewis did make the report, whether it was received on not, and it was entered on the journals. I was sitting by him when he made the report. He took it from Mr. Cambreleng, who was called on to make it, and handed it to the messenger of the Clerk, who has put it upon record. He made the report, though the hour had come! And, sir, I could not but observe his astonishment when Mr. Cambreleng refused to make the report. No quorum! Do we ever count the House when we receive the report of a committee?