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FEB. 5, 1836.]

presented it to the House.

Jesse Smith.

He was now beyond the reach of censure or of praise; but as he had stood accused before the country, it was due to his memory, and to his family and friends, to let his defence go forth to the country.

Mr. MASON, of Ohio, called for the reading of the letter; which was objected to.

Before the Chair had decided whether the gentleman from Ohio had a right to call for the reading,

Mr. HAMER moved that the further consideration of the resolution be postponed till Friday next. Rejected. Mr. MASON, of Ohio, renewed his demand that the letter be read.

The CHAIR decided that the gentleman from Ohio had a right to demand the reading of the letter; and the Clerk proceeded to read it accordingly.

The hour assigned for the consideration of resolutions having expired, the reading was suspended, and the House proceeded to the orders of the day; which were private bills.

JESSE SMITH.

The House then resumed the consideration of the bill for the relief of Jesse Smith and others.

The question being on the passage of the bill, it was opposed by Mr. MANN, of New York, and advocated by Mr. WARDWELL; when

Mr. GILLET, in order to give further time for examination, moved to postpone the further consideration of the bill until Friday next.

The motion to postpone was advocated by Messrs. GILLET, WILLIAMS of North Carolina, and PARKER, and opposed by Messrs. CHAMBERS of Kentucky, and WHITTLESEY; when it was lost.

The bill was further opposed by Mr. PARKER. Mr. HUNT advocated the bill in the following remarks:

Mr. Speaker, I am aware of the difficulty, at this late hour of the day, and upon a private claim, of giving to the subject under consideration an interest commensurate with its importance. Sir, perceiving upon my files a bill concerning the citizens of my own State, I have possibly been induced to give the matter an examination which, in another case (reposing, as does this House most justly, an entire confidence in the ability and vigilance of the gentleman at the head of the Committee of Claims) I might not have done. And the result of that examination has been a perfect conviction of the justice of the claim now presented. Nay, further, a simple statement of the case will show that, could the claim be presented as between man and man, no judicial tribunal in our country could or would refuse to sanction it. As regards the characters of the claimants, perhaps sufficient has already been said by my colleague, and I will only add that, if any reliance can be placed upon human testimony, we have ample evidence furnished by those who have long filled the the high places of life, in that portion of the State of New York where the claimants reside, of their standing and integrity.

We have, also, ample evidence (not attempted to be contradicted) that whenever the drafts and due bills in question have been transferred from the original holders, they have been so at par, and in the ordinary course of business. The holders of this paper, unlike the speculators in your continental currency, have taken it bonafide at par value.

It may not be amiss, sir, to look for a moment to the history of the times which gave rise to the issue of the paper in question.

There was no quartermaster general's department established at Washington until the year 1818; previous to that time, the country was divided into military dis

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tricts--Colonel Elisha Jenkins being quartermaster general of the military district embracing the northern frontiers, and having his headquarters at Albany, and Samuel Brown being deputy quartermaster general from 1813 to 1816, and stationed at Sackett's Harbor. Previous to and during the period of which I speak, the Government labored under great pecuniary embarrassments. The disbursing officers were left unsupplied with funds; and yet your armies were to be fed and supported. Work must be done. Provisions and stores were daily required. How were they to be obtained? Colonel Jenkins tells you.

In an official letter to deputy quartermaster Brown, under date of 10th December, 1814, he says, "I obtain every thing I can upon credit; I receive vouchers, take receipts, and give certificates of sums due, promising to pay out of any public funds, when the certificates are presented. This expedient must be resorted to until we have better times."

This expedient, thus sanctioned by the commanding officer, was resorted to, and enabled the Government to carry on its operations.

The practice was well understood by the Government, and these due bills, or certificates, signed in an official capacity by the disbursing officers, passed current from hand to hand, and constituted in many places almost the entire circulating medium of your country.

In May, 1816, Major General Brown gave orders for the building of the Madison Barracks, at Sackett's Harbor-the erection was deemed necessary for the troops the ensuing winter. These barracks were built under the general superintendence of Thomas Tupper, who, in November, 1816, was appointed assistant deputy quartermaster at Sackett's Harbor, taking the post formerly occupied by Samuel Brown, and well understanding, from long experience, the practice of the department.

Thomas Tupper issued, for the building of these barracks, in his official capacity, certificates and due bills to the amount of some $17,000; which due bills have never been paid, and now form the subject of the claim presented to us.

Now, sir, in reference to the well-known practice of the disbursing officers, sanctioned by the Government for a series of years—in view of the fact that, apart from some particular agreement with the individuals, the officer was from the beginning, and so remained, the agent of the Government, I hesitate not to say, as a professional man, that the Government is responsible for the acts of its agents; and if in this case the agent, Tupper, has received funds from the Government, and not paid them out to the Government creditors, we are bound to see to the payment of these creditors.

There is, sir, another feature in this case: Tupper gave no bonds, though required by law so to do. I do not mention this with a view of casting censure upon any officer or department of the Government; but it shows that, had the Government done its duty, no loss would have fallen either upon the claimants or itself, but must have been bound by Tupper's bail.

But again, sir: whatever may be thought of the legal position assumed by me above, I now present another feature of this case, which seems to me to relieve it from all embarrassment and doubt.

In November, 1817, we find Tupper at Washington, presenting the receipts taken from the claimants, amongst his other vouchers, to the proper department for settlement; and he then apprized Mr. Hagner that these due bills (now presented) were outstanding and unpaid. Nay, further, he desired to adjust the residue of his account, leaving the Government to pay these due bills when they should be presented. In answer to this request, Mr. Hagner, the Auditor, under date of 5th June, 1818, writes to Tupper: "You must take up your

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own due bills, and I advise that no more be issued in future on any occasion." The vouchers for these due bills were not passed to Tupper's credit until April, 1818, five months after actual notice that these due bills were unpaid.

The brief history I have attempted of this transaction is sustained by the entire body of evidence upon your table.

In view of such facts, can we say to the claimants, True, we have had the benefit of your labor, but you must look for your pay to Captain Tupper. Can gentlemen for a moment contend that the workmen who erected Madison Barracks looked at all to the personal responsibility of Tupper. Sir, he had no personal nor pecuniary responsibility. He contracted as the agent of the Government-he signed the due bills in his official capacity, and I trust, sir, we shall in our collective legislative character do, what every gentleman in private life would feel constrained to do, an act of at least very tardy justice to the claimants, and pass the bill upon your

table.

Mr. PARKS now moved an adjournment; lost. Mr. WILLIAMS, of North Carolina, moved to postpone the further consideration of the bill until to-morrow; not carried.

The bill was further opposed by Messrs. GILLET and PARKS, and advocated by Mr. STORER.

Mr. PARKS moved a suspension of the rules, in order to submit a motion that when the House adjourns to-day it adjourn to meet on Monday. Agreed to: Ayes 112, noes 44.

Mr. PARKS then submitted to above motion; which was agreed to; and, on Mr. P's motion,

The House then adjourned.

MONDAY, FEBRUARY 8.

[FEB. 8, 1836.

preserve the just rights of the slaveholding States and of the people of this District, and to re-establish harmony and tranquillity amongst the various sections of the

Union.

Mr. PINCKNEY said he would not detain the House long. He had offered the resolution before the House upon the most deliberate reflection, and after consultation with several highly respected and judicious friends, and because he honestly believed it to be the very best course that could be adopted in relation to the dangerous and exciting subject to which it refers. Mr. P. said he was aware of the responsibility he assumed, but knowing that he was acting for the highest good of the whole country, he was perfectly ready and willing to encounter it. He was acting for the true interests of his constituents, for the true welfare of his native State and of all the South, and, he was neither afraid nor ashamed to add, with a view to the peace and preservation of the Union. But, because he had dared to adopt this course, he had been bitterly assailed by a certain print, [the Telegraph, Jand that, too, before he had even had an opportunity to assign his reasons. Sir, said Mr. P., let me say once for all that I am not to be driven by newspaper assaults, or calumnious imputations upon my motives, from my settled convictions of public duty, nor from my determined purpose to take high and patriotic ground upon this subject, and to prevent it, as far as I am able to do so, from being made a perpetual source of agita tion, to the ruin of the South, and the destruction of the Union. I have no fear that the assaults to which I have alluded will injure me in the estimation of the citizens of Charleston. My constituents have known me long, and they know me well. They know that I am utterly incapable of being tempted to desert my duty to them, in any matter in which their rights or interests are invol ved; and they will spurn the base imputation upon me, as an insult to themselves. But I do plead guilty to the heinous accusation of desiring harmony--of desiring to produce a safe, and advantageous, and honorable adjustment of this question. But how, Mr. Speaker! By evading the resolutions offered by the honorable members from Maine and Virginia, as I am charged with do ing? No sir: all who know me, either here or in South Carolina, know that I never have evaded or avoided any vote or any question, upon which it has ever been my duty to act as a public representative. It is not my nature: it is not my character. I would disdain to shrink from an open avowal of my sentiments, or record of my vote, upon any question which any gentleman could make before this House. How then, sir? By retracing ground already gained, and yielding an advantage obtained from the enemy? No sir: for I know of no ground gained--no advantage obtained--but I am decidedly of opinion, on the contrary, that we have lost ground daily Resolved, That all the memorials which have been by the course that has been pursued, and that we shall offered, or may hereafter be presented, to this House, lose more and more, the longer it is persisted in. This praying for the abolition of slavery in the District of accusation, then, is absurd. I have evaded nothing: I Columbia, and also the resolutions offered by an honor- have yielded nothing. I deny the imputation and every able member from Maine, [Mr. JARVIS,] with the amend- vile insinuation connected with it. But, sir, I do desire ment thereto proposed by an honorable member from harmony--by producing harmonious, united, and efficient Virginia, [Mr. WISE,] and every other paper or propo-action--by taking higher ground than has yet been ta sition that may be submitted in relation to that subject, be referred to a select committee, with instructions to report that Congress possesses no constitutional authority to interfere in any way with the institution of slavery in any of the States of this confederacy; and that, in the opinion of this House, Congress ought not to interfere in any way with slavery in the District of Columbia, because it would be a violation of the public faith, unwise, impolitic, and dangerous to the Union; assigning such reasons for these conclusions as, in the judgment of the committee, may be best calculated to enlighten the public mind, to repress agitation, to allay excitement, to sustain and

SLAVERY IN THE DISTRICT OF COLUMBIA. Mr. PINCKNEY asked the consent of the House to offer the resolution heretofore indicated by him on the subject of the abolition of slavery.

Objections being made,

Mr. PINCKNEY moved the suspension of the rules in order to enable him to offer the resolution.

Mr. PARKER asked if it was the object of the mover to bring the subject before the House for consideration this day.

Mr. PINCKNEY replied that it was. Mr. BROWN asked for the yeas and nays on the motion, and they were ordered.

The question being taken, it was decided in the affirmative: Yeas 138, nays 65.

Mr. PINCKNEY then submitted the following reso

lution:

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ken--by covering the whole field--by bringing up the main question and acting upon that; and by doing what no one else has yet attempted to do--by procuring a direct vote, and a practical result, upon the whole subject of the abolition of slavery! This is my object, sir. And am 1 to be denounced for this? Are my constituents to be incited to suspect me, because I am honestly endeavoring to bring this distracting controversy to the very best issue of which it is susceptible? Is it treason to the South, sir, that this House should declare, by a solemn and deliberate vote, that Congress possesses no constitutional authority to interfere with slavery in any of the

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I am

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Congress in the memorable resolution of 1790-a course that was sustained (I believe proposed) by the venerable Madison, and that received the unanimous sanction of the whole southern delegation of that day. I can see no reason why the same course should not receive the unanimous sanction of the whole southern delegation now. In my humble judgment, it is the only course by which we can bring this matter to an advantageous issue. Hitherto we have been fighting about mere abstractions. Hitherto we have been contending about the right of petition, and other minor and unimportant points. We have been wasting our energies, and losing never can arrive at a practical result--an issue upon which the whole North is united, and the South divided, and the very debate upon which, so far from doing the least good, only increases the spirit of abolition at the North, inflames excitement at the South, and is daily widening the breach between the different members of the Union. Now, sir, I am for overstepping these minor abstract points, and taking higher ground. I am for taking the question upon the whole subject. I would let the right of petition alone, as no way material to the true issue. I would have a broad and compre

States? Is it treason to the South, that this House should declare, by a solemn and deliberate vote, that Congress ought not, and will not, interfere in any way with slavery in the District of Columbia, because it would be a violation of the public faith, and dangerous to the Union? Has such a point as this ever been gained before? Has ever such a vote been taken, or such a declaration made, as this? Is it treason to the South to wish to allay excitement, and to repress agitation? Is it treason to the South, that a committee should be ordered to draught a report, as ably as they can, to secure and maintain the just rights of the slaveholding States and of the people of this District, on the one side, and at the same time to re-ground upon a false issue-an issue upon which we store concord and tranquillity amongst the various sections of this confederacy, on the other? If this be treason to the South, sir, let my constituents judge me. responsible to them--but to no individual, be he who he may. If this be treason to the Union, let the people of America decide: for I cheerfully acknowledge that, as a citizen of the Union, I am also responsible to them. But, at all events, however I may be denounced for my audacity in having acted thus, I have the consolation to know that the propositions I have offered meet the cordial approbation of many members from the South, than whom there are no purer patriots, or more devoted south-sive declaration that Congress possesses no authorerners, upon this floor. Several of them have said that they would have rejoiced if this very course had been adopted at the beginning of the session; and I have every reason to believe that it will now be sustained by the almost undivided vote of the whole southern delegation. What, then, Mr. Speaker! am I and all the southern delegates who act with me, are all of us, traitors; and is the individual who has assailed me the only man who understands the interests, or cares for the rights and honor, of the South? But, sir, I feel that I ought to ask pardon of the House for speaking in this manner. It is exceedingly painful to me to speak of myself, at any time, or in any place, but especially before so respectable and enlightened an assembly as this; but, in justice to myself, I could not have avoided it upon the present occasion. Sir, I will only trouble the House with one or two observations more. I wish my constituents to understand my motives. It is my duty, as the representative of the people of Charleston, to render an account to them of every thing that I may say or do in my public capacity, and I wish them to understand me distinctly, that they may judge me correctly, and especially before any false impressions may have been created in their minds. I say, then, Mr. Speaker, that I have three great objects in offering this resolution. The first is, as far as possible, to arrest the discussion of the subject of slavery within these walls, which I believe to be useless--worse than useless-pernicious to the South, and dangerous to the whole country. The second is, to bring the whole subject of the abolition of slavery to a practical result, in a manner safe and advantageous to the South, satisfactory to the North, and calculated also to tranquillize the country and to confirm the Union. My last object is-and this, indeed, substantially inIcludes the whole--my last object is to put down the spirit of fanaticism, to repress the spirit of incendiary agitation, by disseminating throughout the country a calm and temperate report, emanating from this body, having the high sanction of the national Legislature, and calculated, both by its own arguments and the high source from which it issues, to produce that sound and rational state of public opinion, in the non-slaveholding States, which is equally due to the South and to the preservation of the Union. And, for this great purpose, sir, I would cover the whole ground. I would embrace the States, as well as the District of Columbia. I know no reasonable objection to doing so, and it is justified by precedent. It is the very course that was adopted by

ity over slavery, here or elsewhere, and will not interfere with it in any way whatever. Is not this the true position for the South, sir? I think it is, and my constituents, too, all of whom own slaves, will think upon it, too. Sir, the abolitionists aim at general emancipation. No candid man can doubt it, or deny it. All their writings and publications prove it. You cannot read the proceedings of a single antislavery society, or a single production of the incendiary press, without being thoroughly convinced that they contemplate abolition in the States as their grand ultimate object, and that they never will be satisfied with any thing short of it, as long as they have the slightest shadow of a hope. Now, sir, I would meet them, and defeat them, at once and forever, upon that. I consider that we do but little, if we do not crush their hopes in relation to the States. There can be no doubt that all their attempts to procure abolition in the District, are, that it may constitute a foundation for their general scheme. They regard it as an entering wedge by which they may carry on their operations afterwards to an indefinite extent. Give them this District as a lever, and they will never cease until they bring this Government to act upon the States. I would therefore cut off all their hopes at once, as regards the States, by saying to them, plainly and distinctly, that this Government possesses no power whatever by which they could be aided in their views. Satisfy them that they have no hope in relation to the States, and they will soon cease to trouble us in relation to the District. But, "to make assurance doubly sure," I would also extinguish their hopes as regards this District. I would meet them at every point, and put them down on all. I would say to them, that, so far from ever obtaining the aid of this Government in their designs upon the States, they shall never be permitted even to obtain a foothold here. They shall never be permitted to use this District for the purpose of convulsion and disunion. And surely, Mr. Speaker, if any thing on earth can repress the spirit of incendiary agitation, such proceedings on the part of this House must produce that effect. And not only that, sir; it will not only tend, as I firmly believe, to check aud repress the fanatics, but, what is still more important, it will tend, powerfully and irresistibly, to produce a high-toned, generons patriotism, an enlarged, magnanimous, American spirit, in the great body of the non-slaveholding States, eminently favorable to the cause of peace and to the constitutional rights and in

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terests of the southern States. Only let this House adopt the course indicated in the resolutions I have of. fered, and my life upon it they will be sustained by every honest heart, by every true American patriot, in every non-slaveholding State in this great republic. Now, sir, this is the very result I desire to produce. The battle of abolition is to be fought, not at the South, but in the non-slaveholding States. The people of the nonslaveholding States are divided into two classes--the incendiary fanatics, who are plotting our destruction and the destruction of this Union; andthe great body of the people, who respect the rights and feelings of their southern brethren, and are doing all that they can to put the fanatics down. What, then, is our policy? To make a new issue upon abstract points; to change the whole aspect of the question, by contending against the right of petition, and thus increase abolition, and drive our supporters from the field. No, sir. I would strengthen our friends, not weaken them. I would let them fight the abolitionists in their own way, and not hamper or trammel them, by making new contests, or creating new difficulties of any kind whatever. I do firmly and conscientiously believe that, if this course is adopted, they will succeed in putting the fanatics down, and putting an end to this most unnatural war. These, then, are my motives. These are my objects. I go for the suppression of abolition. I go to maintain the just rights of the South without invading the rights of others. I go to obtain a direct vote upon the whole subject of the abolition of slavery, with out being involved in constitutioual contests upon any other points. In one word, I go for a decisive settlement of this question in the manner that I honestly think will best maintain the rights of the South and the peace and perpetuity of this Union. And as I do sincerely believe that the adoption of my resolutions, accompanied by a firm but temperate report, will produce these blessed results, so I shall esteem myself truly happy if I shall be the humble instrument of giving effectual and permanent repose to the South, (to which I am attached by every tie that can bind the heart of man to his natal soil,) and also accomplish the great object of placing this Union once more upon a firm, and solid, and immoveable foundation.

Mr. HAMMOND said it was unpleasant to differ with any gentleman from the South on a question of such im. portance as this, and peculiarly so to differ from a colleague on a question involving the interests of our constituents so deeply. [Mr. PINCKNEY said his colleague had mistaken him; they did not differ on principle.] Mr. H. said: sir, we do differ, differ vitally, on principle. I consider the gentleman's proposition as abandoning the high, true, and only safe ground of our rights, to throw ourselves upon the expediency of this House. With regard to the motives of my colleague, upon which he has so largely descanted, whatever may be my opinion of them, I will not express it here. It would not become the dignity of this House, nor my own. This much I will say, that every member of this House knows that these propositions of the gentleman are such as would have been cordially hailed by every friend of the abolitionists at any period of this session. We might at any time have had peace on these terms, if we had condescended to accept it. As to the newspaper article of which he speaks, I knew nothing of it until I saw it in the paper; but, so far as my recollection of it serves me, it contains nothing calumnious or unjust.

I was not prepared for a renewal of these resolutions to-day. I thought that the exhibition of southern feeling on them the other day, and the entreaties of his colleagues, had induced the gentleman to abandon them; I regret to find myself mistaken. What does he propose? That this House shall say they have no power over the subject of slavery in the States. He promises himself

[FEB. 8, 1836.

great advantages to result from this. Is he so ignorant as not to know that no man, woman, or child, in these United States, entertains a doubt upon this subject? Not one of the abolitionists themselves, in any portion of the country, has ever attempted to raise the question. On the contrary, they have every where given it up in terms; and are we of the South, of South Carolina, to make this new point, and invite them to attack it? The gentleman promises peace and harmony from such a course. Sir, his constituents, as devoted as they are to peace and harmony, will not sustain him in bringing it to them, at the expense of the sacrifice of their most valuable rights. When this question is made, it can be decided only by arms, and the people of the South will laugh to scorn any decision of this House upon it. I entertain no higher respect for it, and for the gentleman's proposition, myself.

The resolution referring all the matters on this subject heretofore before the House to a select committee is giving up the ground on which we have been contending this whole session. We deny the power of this House to act upon the subject at all, and desire to exclude it entirely and forever from these walls. My colleague calls upon you to legislate upon it, and thereby yields you the power to act upon it. Sir, in the name of those with whom I act, I protest against it. He alluded to what was done in 1790. Circumstances have greatly changed since then; there were not then 100,000 disciplined troops embarked in this incendiary project; there were no societies formed for the express purpose of pressing it to an issue; with large sums and steampresses at their command. It was then a mere speculative question; it is now a practical one, of fearful import. We must adopt a stronger and more decided remedy. What good, sir, did the reports of 1790 do? Let the present situation of our affairs answer. The report now sought for will be about as effectual. The gentleman, no doubt, has in his possession the materials of a splendid Sunday mail report; for that is the thing which seems to haunt the imaginations of some members of this House.

[Mr. PINCKNEY explained, and said that he had no such purpose; and he intended, if the resolution passed, to ask to be excused from serving on the committee, and turn it over to other hands ]

Mr. HAMMOND said he wished his colleague had manifested the same delicacy with regard to the resolutions themselves, and permitted any other person to have brought them in. But, as he had proposed this measure, it would be great injustice to himself and to the country to permit him to refuse to perfect it. I hope he will not repudiate his own offspring. Sir, what magic does the gentleman suppose a report like this is to possess? Does he think that he can paste it on his shield, and that, like the Gorgon's head, it will turn all to stone who look upon it? I can assure him it will be powerless with Tappan, Garrison, and the rest of the gang. They will not regard it in the least. They have tasted blood, and are too keen upon the scent to be deterred by any thing that can be put on paper, no matter what rhetorical excellences it may possess.

The gentleman says he wishes by this means to preserve the Union. I should like to know how long it is since that gentleman learned to preach homilies on the Union. [Mr. PINCKNEY. All my life.] Yes, sir, we are all for the Union; but if it can only be maintained at the sacrifice of our rights, that gentleman is very much mistaken if he thinks his constituents will aid him in that sacrifice. Sir, those are not the best friends of the Union who are always preaching it up to us; and when I hear, a person here or elsewhere, put the " Union” in the foreground of his argument, I always suspect he means to give it some secret stab. And, sir, I believe

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the adoption of the gentleman's plan of settling this controversy will give it one of the most fatal blows it has ever yet received. For I can assure this House that a Union based upon the principles of that resolution cannot stand. We cannot give up rights, and consent to hold our property at your will. We cannot give up the constitution, and consent to repose our all upon the tender mercies of this House, to be withdrawn whenever they may deem expedient.

The gentleman says he wishes to avoid discussion. It is very clear that his resolutions will produce a contrary effect. They throw the door wide open for discussion. They do more. By thus entertaining respectfully these incendiary petitions, and acting upon them, we shall encourage the abolitionists to persevere in their efforts. They are not men to be deterred by a defeat of this sort. They will consider it a great point gained, if they can get Congress to take up their petitions, and institute a grave legislative action on them. The fanatics will rejoice, heartily rejoice, to see these resolutions.

I

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to know if the resolution instructed the committee to re-
port whether Congress had the power to legislate on the
subject of slavery in the District of Columbia. If it did
not, he was opposed to it, toto cœlo, and if it did, he was
opposed to it on other grounds. The Chair had decided
that he had no right to put the question, and from this
decision he had appealed. He submitted whether he
had not a right to inquire what was the true meaning of
the resolution. True, it had been read; but every reso-
lution was not to be understood by hearing it read.
might contain more than it was understood to mean.
Give us light and understanding, he said, before we are
dragged up here to vote like mules.

The CHAIR said he would state the point of order.
Mr. WISE withdrew his appeal.

It

The question being taken on the previous question, it was decided in the affirmative: Yeas 118, nays 47. So the main question was ordered to be put.

Mr. VINTON called for the division of the resolution into three several parts; so that the question should be taken on the following clauses separately:

Mr. Speaker, I do not desire to impugn the motives of gentlemen from the South, who have voted to intro- 1. Resolved, That all the memorials which have been duce these resolutions. I hope they are good. I hope offered, or may hereafter be presented, to this House, we all desire to effect the same object. But, sir, in the praying for the abolition of slavery in the District of Coname of those I represent, and with those whom I have lumbia, and also the resolutions offered by an honorable the honor to act, I solemnly protest against them. member from Maine, [Mr. JARVIS,] with the amendment protest against them as conceding to this House a pow- thereto proposed by an honorable member from Virer to legislate upon this subject, which deny. I pro-ginia, [Mr. WISE,] and every other paper or proposition est against them as weakening our position, by making a new question before the country, which is now consid. ered as settled in our favor. I protest against them as opening a wider range for the discussion of this subject. I protest against them as encouraging abolition; and, finally, I protest against them as abandoning the high and true grounds upon which only it becomes the South to place herself in this great and vital contro

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that may be submitted in relation to that subject, be referred to a select committee."

2. With instructions to report that Congress possesses no constitutional authority to interfere in any way with the institution of slavery in any of the States of this confederacy."

3. "And that, in the opinion of this House, Congress ought not to interfere in any way with slavery in the District of Columbia, because it would be a violation of the public faith, unwise, impolitic, and dangerous to the

Mr. HUNT appealed to him to withdraw the motion, Union." to allow him to offer an amendment.

Mr. WISE joined in the appeal.

Mr. BOYD was compelled, he said, to persist in the motion, as he thought it better that this discussion should stop.

Mr. MANN moved a call of the House; which was negatived by a vote of 75 to 91.

The motion for the previous question was seconded by a vote of 102 to 86.

Mr. GRANGER asked the yeas and nays on the question, "Shall the main question be now put?"

Mr. PATTON moved a call of the House; which was negatived.

Mr. WISE rose to inquire of the Chair what was the meaning and object of the resolution. He had heard it read, but did not yet understand it.

The CHAIR said the gentleman was out of order.
Mr. WISE said he would address his inquiry to the

House.

The CHAIR said the gentleman must take his seat. Mr. WISE appealed from the decision of the Chair to the House, and would state his reasons.

The CHAIR said the gentleman had a right to do that. Mr. WISE contended that, as gentlemen were compelled to vote upon the resolution, they had a right to know what was its character and purport. If he was called upon to vote for a resolution before he knew what it was, then "order!" "order!" was paramount to reason and law.

Mr. BYNUM would like, he said, to know what was the question before the House.

The CHAIR said he would state it when the gentleman from Virginia had concluded.

Mr. WISE said his point of order was this: he wished
VOL. XII.-157

The CHAIR stated the division indicated was in order. Mr. HIESTER called for the yeas and nays on the several questions, and they were ordered.

Mr. HOLSEY called for a further division of the reso lution, so as to take the question separately on the reference of Mr. JARVIS's resolution, and on the reference of Mr. WISE's resolution.

The CHAIR decided that this was not in order.

Mr. HOLSEY appealed from the decision of the Chair. The question on the appeal was discussed by Messrs. HOLSEY, Briggs, PATTON, WISE, Everett, and BELL.

The decision of the Chair was affirmed by the House. The question being taken on the first member of the proposition, as above divided, it was determined in the affirmative, as follows:

YEAS--Messrs. Adams, Heman Allen, Anthony, Ash, Ashley, Bailey, Banks, Barton, Beale, Bean, Beaumont, Bockee, Bond, Boon, Borden, Bovee, Boyd, Briggs, Brown, William B. Calhoun, Cambreleng, Carr, Casey, George Chambers, Chaney, Chapin, Childs, John F. H. Claiborne, Clark, Cleveland, Coffee, Coles, Connor, Corwin, Craig, Cramer, Crane, Cushing, Cushman, Darlington, Davis, Deberry, Denny, Dickerson, Doubleday, Dunlap, Efner, Evans, Everett, Fairfield, Farlin, Fowler, Fry, Philo C. Fuller, William K. Fuller, Galbraith, Gillet, Granger, Grantland, Graves, Haley, Joseph Hall, Hamer, Hannegan, Hard, Hardin, Samuel S. Harrison, Albert G. Harrison, Hawes, Hawkins, Haynes, Hazeltine, Henderson, Hiester, Hoar, Hopkins, Howard, Howell, Hubley, Huntington, Huntsman, Ingersoll, Ingham, William Jackson, Jabez Jackson, Janes, Jarvis, Jenifer, Joseph Johnson, Richard M. Johnson, Cave Johnson, Benjamin Jones, Judson, Kennon, Kilgore, Kinnard,

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