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II. OF R.]

Case of Marigny D'Auterive.

[JAN. 7, 1828.

On

Mr. STORRS, of New York, said, he was sorry the quence of so adopting it, to indemnify the loser. honorable gentleman from Louisiana had introduced a what principle, sir, can we possibly be held bound to question which was so extremely liable to be misun- indemnify, when the officer clearly transcended his duty? derstood. I cannot, said Mr. S., agree with that gentle- I disagree with my colleague, as to the power of imman that, on the mere question of the adoption of this pressment in cases of danger. An officer shall never amendment, we are compelled to determine what is the touch my person and property, whenever he chuses to precise nature of that property which a master has in determine that State necessity warrants him to do so. his slave. But as the question on the amendment is a No, sir; whenever he does this, he is a trespasser. And question of compensation, we must vote on it. Though if the State does not give me a remedy against him, representing a State which does not, at this time, con- there is no longer such a thing as freedom in my countain any slave population, it is not my fault that this try. Liberty is gone-it exists no longer. We have, question has been presented. It has been brought in, indeed, indemnified the loser in some few cases, where as I think, unadvisedly: I could have wished the honora- the public necessity was so great, so high, so undeniable gentleman had forborne to press it, lest some miscon- ble as to overstep all obligations of lower duty. But, struction might lead to a doubt of our maintaining that re- then, we have indemnified for the act of our officers, in lation which the laws of some of the States have recogniz- the character of trespassers-and we took into our own ed, and which they sustain between a slave and his master. hands, to inquire whether any such necessity existed. I agree with the gentleman from Virginia, (Mr. RAN. But, once admit the right of a mere military officer, DOLPH) that the Constitution has nothing to do with this whose sole power is the parchment in his pocket, and matter. That instrument never fixed the nature of the the epaulette upon his shoulder, to seize and impress, relation of master and slave, nor of any other of our do- whenever he may think proper, and you give to this mestic relations, nor of the persons of the different States creature of yours, authority over every slave holder in the to each other. When, therefore, gentlemen criticise on Southern States-he may set them all at defiance-and the terms " person-population-persons held to ser- I am asked to say, I will assume his acts. Sir, I am not vice," &c. used in that instrument, they are, in my judg-prepared to do it. Yet I must do it if this amendment ment, somewhat hypercritical. Those words were used, passes; for the principle, and the only principle on not for the purpose of definition, but out of delicacy, and which we can grant compensation in this case, is, that we as laying down a rule to be observed in taking the cen- adopt the lawless act of impressment as the act of this sus of the United States. What is this relation of the Government, and pay for this slave under the pretence slave to his master? And what are the qualities of of state necessity; and what the officer is pleased to call the that relation? I hold, sir, that the right of the salvation of the country. Sir, I cannot even attempt to master in his slave is a right to his service under all cir- run out the consequences of establishing such a moncumstances whatsoever, and also to the absolute unquali- strous principle, and so vitally fatal to a large portion of fied control and custody of his person, so that it cannot the Union. If a General may do this, a Colonel may do be taken from him for purposes of service, nor his ac- it; if a Colonel, then a Captain; and if a Captain may, a tions regulated by any power but his own, save only Sergeant, and so may every subaltern, down to the lowwhen the State lays its hand on him for the punishment est cotton tassel in the camp. And if an officer from the of crime, and the preservation of the public peace. You Southern States may do it, so may an officer from the may debate the abstract question as long as you will, and Northern States. Sir, if these doctrines are sanctioned, may discuss metaphysically what is the exact nature of it shall be done without my consent. It is a dangerous the right; but, after all, the question is, what do the laws doctrine. Admit it for a moment, and you strike a blow of the State declare in which the master and the slave at the security of the whole slave population of the reside? I have bestowed some little reflection upon the Southern States. It is the same case in principle as to subject, and the only conclusion to which I can bring my allow the impressment of an infant, apprentice, or ser mind, is that I have stated. On maintaining this control vant, in the Northern States. If there is any reason in of the master, rests the security of a very large and im-it, then every officer of the United States may, at plea portant portion of this Union, and whoever interferes with the exercise of it, is guilty of a violation of the rights of all those who inhabit the States where this species of property is held. This Government cannot do this. It is a question not to be debated. No man, I mean no man of any sense and reflection, ever thought of maintaining, that I know of, that it was competent to the General Government to touch the question of right in the slightest degree.

sure, (or in circumstances of which he is to be the sole judge) sever the bond which unites master and servant, which binds together parent and child. He may enter our dwelling, drag our children from the fireside, and, regardless of his father's will, or his mother's cries and tears, force him to the camp-and, when there, put him under martial law. He may do this-and when he has done it, we, forsooth, are to volunteer him an indemnity, to step in his place, and assume these deeds as acts of What, then, is the case before us? An officer of the the Government. Sir, you never provided for such a United States, in the use of what he was pleased to con- case-yet you authorized our apprentices to be enlisted, sider as his discretion, seized and impressed into the mil- without the consent of their masters, and our children, itary service of the United States, a slave, belonging to a without the consent of their parents. You allowed this gentleman of Louisiana. That is, a mere military officer tie to be severed-(though the right of a father over the undertook to do what all branches of this Government person of his child is as perfect as that of any master united, are not able to do. Yet, we have been told by over his servant, and far more tender, though I grant some gentlemen, that he had a right to make this im- that the ties of master and slave may sometimes be of a pressment. What, sir-an officer, a mere creature of tender kind)-but you never thought of granting them this Government, whose official existence can be swept compensation. You are asked to make it in a case by no away in a moment, has a right to do what this Govern- means so strong. You are asked to do that for one secment, with all its powers, may not so much as attempt?tion of the Union, which you never thought of doing for And now, he having done this-having assumed what he called his right to sever the bond between master and slave, and having made himself the judge how far he might carry this right of impressing whom he pleased, what are we asked to do? To adopt his act as our own -to make it an act of this Government, and, in conse

the other. Adopt this principle of impressment, and you sanction what may, at some future day, lead to con sequences, in one part of this Union, I will not speak of, nay, which I will not permit myself even to think upon. The report of the Committee of Claims avoided meddling with this question.

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The honorable gentleman from Louisiana was, in my opinion, rather hypercritical in his examination and construction of that report-all that the committee said, was, that slaves were never considered as that species of property, which was to be paid for by the existing laws of the Government. This was a mere statement of the fact-it touched not the abstract question at all; and, as to the warmth of discussion, which has been drawn out by the gentleman from Louisiana, I must be permitted to say, that, in my judgment, the play is not worth the candle. I think it would be far more advisable to reject a claim which is extremely doubtful in its character, to say the least of it and let the question rest till you are compelled to meet it in some other form, and under some more imperious necessity.

Mr. DRAYTON, of South Carolina, here commenced a Speech on the subject, which he concluded on the 10th, in which date his remarks will be found.

On motion of Mr. DORSEY, of Md. the hour being late, Mr. D. gave way for a motion for the Committee to

rise.

TUESDAY, JANUARY 8, 1828.
INDIAN GOVERNMENTS.

On motion of Mr. FORT, of Georgia,
The House proceeded to the consideration of the fol
lowing resolution, introduced by him on the 4th instant,
and, from the consideration of which, the Committee on
the Judiciary was discharged yesterday:

"Resolved, That the Committee on the Judiciary be instructed to enquire if any of the Indian tribes within the territorial jurisdiction of any of the States, have organized an Independent Government, with a view to a permanent location in said States; and, if they find that any attempt of the kind has been made, to enquire into the expediency of reporting to this House such measures as they may deem necessary to arrest such permanent location."

Mr. FORT said a few words in support of the resolution, and stated that this reference of the subject had been advised by the Committee on the Judiciary.

{H. OF R.

Mr. McLEAN (Chairman of the Committee on Indian Affairs) stated, that that committee was greatly burdened with business already referred to it, and would be unable to bestow on this subject that degree of time and attention which its importance well deserved. hoped, therefore, that it might be assigned to a select committee.

He

Mr. LUMPKIN expressed his hope that the course recommended by the Committee on the Judiciary would prevail, and that the resolution would go to a select committee. He had no doubt, that, if the House were once fully in possession of the case which had given rise to the resolution, not a gentleman on the floor would deny that it was a case which called for their most serious deliberation. It was known to many who heard him, that the Cherokee tribe of Indians, whose residence extended into several States of this Union, have recently formed for themselves a written Constitution of Government, under which, should it be carried into operation, there was the strongest probability that collisions would speedily arise with the several State Governments within whose limits that tribe is at present located. And it was his conviction, that, before any of these evil results had time to take place, the General Government ought to interfere promptly and efficiently to prevent them.

The question on the amendment for striking out “a select committee," and inserting "the Committee on Indian Affairs," being put, it was carried in the affirmative-ayes 79, noes 60: and the question recurring on the resolution as amended

Mr. BARTLETT proposed farther to amend the resolution by striking out the words "to arrest such permanent location."

Mr. HAYNES said, that he thought that the member from New Hampshire had misapprehended the import of the clause which he desired to erase. The resolution did not, in any manner, conclude the House as expressing any opinion, that the permanent location of the Cherokees ought to be arrested. The clause, like every other part of the resolution, was submitted to the committee, as a matter of enquiry merely, and he hoped that, on this ground, it would be permitted to stand.

Mr. CONDICT said he had no other objection to the resolution's taking the course proposed, than this: that Mr. LUMPKIN agreed with his colleague in the view it would be taking from one of the standing committees he had just expressed. The House, at an early day, of the House business which appropriately belonged to had been in possession of an indirect expression of the that committee. If the Committee on Indian Affairs opinion of the General Government on this subject. It was indeed so much burdened with business as not to would be found in the report of Mr. McKenney, the Inbe able to attend to the present resolution, then he dian Agent, which accompanied a message of the Preshould have no objection to its going to a select commit-sident of the United States to this House. It was the tee; but, as he did not know this to be the case, he decided opinion of that officer, that the farther prowould move to amend the resolution, by striking out the gress of the Cherokees towards a permanent location words "a select committee," and inserting" the Com- within the States, should be promptly put a stop to. mittee on Indian Affairs." And was the House now going to forbid even an enquiry in relation to a matter so important? He trusted not. He trusted the resolution would be permitted to stand in its present form.

Mr. WILLIAMS said, he should like to hear what the exact nature of the government was, which these Indians were desirous of establishing. When they were governed as formerly, by Chiefs and Kings, nothing was said about this Government's interfering with thembut as soon as they seem about to set up for themselves a Republican form of Government, we are asked to interfere with promptitude and effect. What right had the General Government to interfere with the arrangements of these Indians now, any more than when they were under their old form of government?

Mr. FORT was opposed to this amendment, on the ground that the Committee on Indian Affairs had already reported on a subject closely analogous to that contained in this resolution; and to require them to report on this resolution, also, would only be asking them to go over ground which they had already trodden. He was unable to say on what ground it was that the Committee on the Judiciary had advised the reference of the subject to a select committee; but, for himself, he conceived that the subject of the resolution being one of great import, and, as he conceived, entirely novel in its character, he thought that a new committee might, with propriety, be raised upon it. He felt not the slightest doubt of the ability or the good disposition of the Committee on Indian Affairs and Mr. FORT spoke in reply, and said, if he had rightly should the House order the resolution to take that heard what fell from the gentleman from North Caroli course, he was prepared, with cheerfulness, to acqui- na, he had enquired whether this Government had esce; but he would prefer its going to a select commit-ever stated to these Indians that it had a right to interfere with and control them. The Government certain

tee.

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ly have made this statement. The very first principle inculcated by us upon the Indian tribes within our limits, had been, that they were tributary and dependent, and under the defence and patronage of the Government of the United States. The question how far this Government has a right to interfere with these People, was, he thought, a very plain one.

Mr. F. was about to proceed, when the SPEAKER interfered, by stating, that it was not in order, on a question of amendment, to discuss the general merits of a resolution.

[JAN. 8, 1828.

of Georgia. He hoped this House would never set one of its committees to enquire whether the General Government has any control over the soil of one of the original States of the Union. The right of the State of Georgia, over her own soil, was not like that possessed by one of the new States. If any jurisdiction whatever belonged to an original State, it was jurisdiction over her own soil. Georgia has the full right of legislation on this subject. All that the General Government can do, in preference to the State Legislature, is, that possessing by the Constitution the right of making treaties, (and our agreements with the Indian tribes being construed to be treaties within the meaning of that instrument,) it pros sesses more power to remove the difficulties and obsta cles to the extinguishment of the Indian title, than the State of Georgia herself has. He could not, however, admit for a moment, that she could yield in the smallest Mr. THOMPSON, of Georgia, rose to order, and sug-degree her right over the soil. So soon as she does gested, that the resolution having been referred to the this, she ceases to be a sovereign and independent Committee on Indian Affairs, was ipso fuclo in the cus- State. tody of that committee.

Mr. BARTLETT said, that the reason he had desired to have the clause stricken out, was not that he wished either to affirm or deny the right of the Govern ment to arrest the location of these Indians, but that this House might not be understood as at present expressing any opinion on the subject.

The SPEAKER decided to the contrary. The question had been taken only on an amendment, and that amendment having been adopted, another was now proposed.

Mr. HOFFMAN, of New York, hoped that the amend ment of Mr. BARTLETT Wonld not prevail; not that he had any difficulty as to the propriety of arresting the permanent settlement of these tribes, but because he wished that the committee should be authorized to enquire, and report on that subject-especially when it was considered that a part of these Indians resided within the limits of the State of Georgia; a State to whom we are bound, by compact, that we will extinguish, as soon as practicable, all Indian titles within her limits. He hoped the resolution would go, in its present form, to the committee; that a full enquiry might be had, and a report made, both on the propriety of arresting their permanent location, and also on the best means of ef fecting that measure.

[The SPEAKER here interfered, and said that the observations of the gentleman from Georgia had taken too wide a scope for the question actually before the House.]

Mr. GILMER said, that his remarks had only been made in reply to those which fell from the gentleman from Ohio. For himself, he did not know that there was any great importance in retaining the clause which was now sought to be stricken out. He understood it to be the avowed object of the Committee on Indian Atfairs to carry into effect a plan for the removal of all the Indians remaining within the limits of any of the States. If that were so, this clause must be unimportant. But if, on the contrary, the United States are about to adopt the policy of aiding the Indians, in making for themselves a Government, that it may the more attach them to the soil, then it was certainly important to enquire, whether the permanent location of those, at least, within the limits of Georgia, ought not to be speedily arrested.

interfere? It might be said, in answer, that this Government claims, and has always claimed, a right to con trol them. If, however, the formation of a constitution is at all necessary to the happiness of the Indians, he would not arrest their proceeding. Let them, in that respect, pursue whatever course they may judge most for their good. The Government has never interfered in their manner of ruling themselves. But if it shall appear that the forming of a constitution was necessarily connected with the result of fixing them to the soil, then doubtless the enquiry in the resolution was highly expe dient. In his judgment, Mr. G. said, that no such result necessarily followed. He did not believe the Indians would be any more attached to the soil after they had gotten a constitution, than they were before, and he therefore felt very indifferent whether the amendment was adopted or rejected.

Mr. WOODS, of Ohio, hoped the amendment would A gentleman from North Carolina [Mr. WILLIAMS] prevail. He should not, however, have felt so much so- has asked why Congress should arrest them in making licitude on the subject, but for the course of the re-a constitution for themselves, and what right we have to marks which had just been made by the gentleman from New York. He was apprehensive, should the last clause of the resolution not be stricken out, that, taking its language in connexion with the observations which had been made upon it, the Committee on Indian Affairs might be led to understand it as the sense of this House, that their business is merely to report a plan for the removal of these Indians, or at least for arresting their permanent location among us. Now it was well known that there exists a difference of opinion in this House, in relation to the policy to be pursued towards these People; and there were some who had the opinion that this Government, instead of arresting, was bound rather to encourage their location, and even to give them a permanent right to the soil. He wished, therefore, to have this point left open, that the committee might not be directed to one side of the question only, but might feel themselves required to examine Mr. LUMPKIN said, that, from what had just fallen equally the propriety or impropriety of such a measure. from his colleague, he perceived that that gentleman Mr. GILMER said, that he should have made no re- did not attach the same importance to this subject which mark upon the amendment, but for the language em- he did. His own chief inducement for supporting the ployed by the gentleman from Ohio, who had just taken resolution, had been, that he might, if possible, be sparhis seat. He had supposed, that the object of the reso-ed the painful spectacle of seeing the State authorities lution had reference to the Cherokees alone; but he take this matter into their own hands. He sought to prehad seen, from the remarks of that gentleman, that it vent the occurrence of any thing like collision between was held by some a matter of importance that the Go- the States and the General Government. He trusted, vernment should take means to vest in the Indian tribes therefore, that the resolution would go to the committee a permanent right in the soil. as it now stood.

Mr. G. said he could not permit an opinion like this to pass without remark, in as far as it referred to the State

The question was then taken on Mr. BARTLETT'S amendment, viz: to strike out the words "to arrest such

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permanent location," and decided in the negative, ayes 60, noes 76.

The resolution was then adopted.

BATTLE OF NEW ORLEANS.

Mr. HAMILTON moved the following resolution : Resolved, That the Committee on the Library be instructed to inquire into the expediency of having an his torical picture of the Battle of New Orleans painted, and placed in one of the pannels of the Rotundo. And that they further inquire into the expediency of engaging Washington Allston to design and finish the work, and, if expedient in both contingencies, to ascertain whether, and on what terms, he can be so engaged.

[H. OF R.

The defence of New Orleans forms a beautiful chef d'œuvre in the science of war. It was characterized by circumstances which would enable the painter to place in high relief the heroic steadiness and gallant devotion of our warriors, and to exhibit, in gorgeous array, the embattled hosts of our enemy, who rushed on like a torrent, in daring and dauntless valor, regardless of their fate. Nor would the chivalry of our country be content in assigning an obscure or a disparaging spot in such a picture, to the pathetic fate of the British Commander, who poured out the willing streams of his life blood in obedience to the mandate of his Country. No; "our countrymen war not with the dead." The ashes of a man who thus falls are thrice consecrated by the blessMr. HAMILTON said, that, in the resolution which ings of the generous, the feeling, and the brave. he had just submitted, he felt himself sustained by the Let me add, that the scenery of this picture will be authority of a very judicious report of the Committee of associated with some of our most interesting recollec the Library, which was made during the last session. tions. It will be placed on that Delta of Egyptian fertiHe would take the liberty of reading an extract from lity and tropical magnificence, through which the Mighty the report to which he referred, an application of which Father of our Western waters is pouring the tribute of he would endeavor to make to the subject comprehend-his thousand streams, in his almost finished journey to ed in the resolution. This committee very justly rethe ocean. On that Delta, which belongs to that glorimark, "that it is desirable that the pannels of the Ro- ous realm, the first possession of which we owe to him, "tundo shall be filled with the productions not merely who now sleeps in peace, "by all his country's wishes "of respectable artists, but of the very best the country blest," and the last, to him "who has filled the measure has produced," and further, that, whenever, "in the of her glory." "opinion of Congress, the time shall have arrived to complete the decorations of the great Hall of the Capitol, the committee are of opinion, that a highly proper course would be to engage such artist or artists as Congress should deem competent to the work, to exe"cute it for an honorable compensation, under proper "directions as to the choice of subjects."

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To the good sense and good taste of these reflections, Mr. H. said, he could add nothing. All that he would ask of the House, on this occasion, was, to permit those whose opinions were so just and discriminating on this topic, to inquire, whether he had suggested a proper subject," and "not merely a respectable artist, for its "execution, but the very best the country has produc

"ed."

It was not necessary, nor could it be expected at this time, that he should vindicate the policy which had dictated an embellishment of this National building with a representation of some of the most cherished events which adorn our history. The policy itself springs from a sentiment which may well be called instinctive in the human breast. Its elements are to be found even in the impulse which leads the savage to construct those rude memorials by which he attempts to tell of an age and warriers that have been. But the sentiment becomes irresistibly powerful, and of great moral efficacy, when it summons to its aid the delightful art of painting, which is the result of the highest condition of civilization, and whose lessons are inculcated by a universal language, and is understood by all the children of men, however divided by divers and conflicting tongues.

Whether the victory of the 8th of January was an event which, delineated by the hand of genius, might be applicable to some one of the purposes to which the great moral of this art is subservient, was precisely the question which he wished the intelligent committee to whom the inquiry would be referred, to decide. He trusted he might be permitted to say, that, as we had a representation of the surrender at York Town, by which our first war was closed, there would be a peculiar fit. ness in placing by its side a delineation of that achievement which so brilliantly closed our second contest.

Without professing to be a connoisseur in the art, would those who were, pardon him for saying, that he could scarcely conceive a finer subject for the canvass, than the objects which would animate, and the scenery which would adorn this picture?

VOL. IV.-59

Mr. H. said, he should have felt great delicacy in designating Mr. Allston, if, by universal consent, he was not considered one of the first, if not the very first "living artist our country has produced," by which an important requirement of the committee would be at once fulfilled. Indeed, the profound genius, and unrivalled execution of this gentleman was so well admitted, that he had heard, on the best authority, that one of the most enlightened and discriminating critics of Europe had declared, "that, if there was a man living who was capable of lighting up anew the glories of the Augustan age of painting, that man was Washington Allston." It may not be known to all who heard him, that this gentleman, after passing fifteen years of his life abroad, in studying the remains. of ancient, and the acquisitions of modern art, is now engaged, under the patronage of a city (Boston) no less distinguished for its refinement and taste, than by its literature and science, in giving the last touches to an historical picture, (the labor of ten years) which is probably destined to form a new era in the arts, and to confer a renown on that country which has neglected to cultivate them.

If you want this man, you must seek him. To the pride of genius, he adds a thriftless disregard of money: for he knows, as it has been beautifully said on another subject and occasion, that the real price of the productions of his pencil, is immortality, and that posterity will pay it."

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I hope, sir, I shall be pardoned for a suggestion, somewhat selfish in its origin, but surely not deserving of a severe reprobation. Gen. Jackson and Mr. Allston are both natives of the State of South Carolina, and there would be a happy congruity in the fact, that the conduct and valor of the one should be illustrated by the genius and taste of the other.

Mr. H. said, in conclusion, that he felt entire gratification in confiding his resolution to the judgment and patriotism of his honorable friend from Massachusetts, (Mr. EVERETT) who was well acquainted with the merits of the great artist to whom he had referred, and that of the gentlemen associated with him on the committee, and he would barely repeat that he was content that they should determine, as preliminary to the decision of the House, "whether the period had arrived for completing the de"corations of the great Hall of the Capitol," and whe ther he had designated "a judicious choice of a subject, and a competent artist."

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Mr. INGERSOLL said, that he should not have risen, had not the resolution, moved by the honorable gentleman from South Carolina, designated the name of the artist to be employed. When it was recollected that Mr. Trumbull, the gentleman who had executed the paintings, now in the Rotundo, was a native of the State which he represented on that floor, he trusted his honore ble friend would excuse him if he ventured to suggest, that no course ought to be pursued, in this stage of the business, which went to exclude the employment of that venerable and patriotic individual in executing any paintings which might be ordered. If the artist, to which the gentleman had alluded, was a native of the same State with the hero of our second war, the artist he himself had named, had been an actor in his own person in the war of the Revolution. He had been a prisoner, and had suffered severely in that contest; and he must be permitted to say that great injustice had been done him, from the manner in which his paintings had at first been displayed. They were placed in a small and obscure room, beneath our feet, and the artist had had the mortification to know that the most unkind and unfeeling strictures had there been passed upon them, in consequence of this, their disadvantageous location. His fame had suffered; his feelings had suffered; and all his friends who knew the circumstances, had suffered with him. It was with pride and pleasure, Mr. I. said, that he had witnessed their removal to a situation more worthy of their excellence, and he (Mr. I.) had witnessed the tears of joy glistening in his venerable eyes, under the consciousness, that, at last, justice had been done him. Mr. I. said, that he admitted, very willingly, the high merit of Mr. Allston, but, if Congress should conclude, in this matter, to depart from the class of our Revolutionary worthies, there were other native artists, besides Mr. Allston, who would desire not to be precluded from a chance of employment. He therefore moved the following amendment: to strike out the name of "Washington Allston," and to insert the words "some suitable artist."

Mr. HAMILTON said, that he had risen principally to indicate his acquiescence in the amendment proposed by the honorable gentleman from Connecticut. He desired, also, to exempt himself from all idea of the slightest disrespect towards the venerable gentleman so feelingly referred to in the remarks just submitted; and certainly, if the resolution he had had the honor to move, proposed the commemoration of any of the events of our Revolutionary war, that gentleman, both from his services and from his opportunities of observation, would have a special claim to be preferred. But the subject proposed by the resolution was, in a great measure, out of his sphere. The execution of it would require a comparatively youthful artist. As it would be necessary that the spot should be visited where that ever-inemorable engagement took place, he would have to endure much personal inconvenience and fatigue. It would not, he was sure, be pretended by the honorable gentleman from Connecticut, that his friend had not participated pretty largely in the patronage of the Government, so far as the subject of our national paintings was concerned. He willingly adopted, however, the amendment which had been proposed, and he did so the more willingly, because he felt satisfied that, the more the sphere of competition was enlarged, the more beneficial it would prove to the reputation of Mr. Allston.

Mr. DWIGHT said, that, while he did not refuse to do homage to the great and acknowledged merit of Mr. Allston, he wished to suggest a further amendment of the resolution, which was, that it might be made to embrace the battles of Bunker Hill, Monmouth, Princeton, and the attack on Quebec.

Mr. KREMER said, that he entirely agreed that it was

[JAN. 8, 1828.

proper such a painting should be executed, and that the illustrious glory which had been achieved in the most brilliant victory of modern times, ought to be handed down to posterity. Such deeds ought to be kept fresh in the recollection of all generations, and he thought that it could not be put in a better place than in the Rotundo of this building. But, in order that this painting may be justly judged of, (since all our judgments were founded on comparison, and what could we judge of but what we know? and how could we judge of what was unknown but from what was known?) he would move a small amendment. When this victory was achieved, which rendered our country so glorious in the eyes of all nations, it excited both pride and wonder; and he wished he could stop there. But he must say it created envy too. Now, in order that posterity might have a fair opportunity of judging of that transaction, he would suggest that another painting be placed along side of the victory of New Orleans, representing the meeting of the Hartford Convention, which was in full session at the same time. He therefore moved to amend the amend. ment, by adding, "and also the meeting of the Hartford Convention."

Mr. EVERETT, Chairman of the Library Committee, said that he should not have risen to speak on the resolu tion or amendment, had not the gentleman from South Carolina done him the honor to refer to the report which he had submitted to the House from the Library Com mittee, during the last session, and which recommended a course to be pursued on this subject. In every thing of commendation which that gentleman had advanced in relation to the artist proposed by him to be employed, Mr. E. said that he heartily concurred; and he had been prepared to pass the resolution, which in itself was the most distinguished compliment that could have been paid to that eminent artist and excellent man. He con. curred, too, in all the commendations which had been bestowed upon the great event which was intended to form the subject of the painting; nor was the present the first time that he had attempted on this floor to add his tribute to that which had been so liberally paid by this whole people to the great man who had achieved that victory. But he thought it would be convenient if the terms of the resolution were enlarged, and this idea had in part been suggested by the remarks of the gentleman himself, who had said, that, as the victory of Yorktown, which closed the war of independence, had been made the subject of one of our National paintings, there was a peculiar fitness that the victory of New Or leans, which gave lustre to the close of our second war, should be made the subject of another. This went to show the expediency of enlarging the terms of the resolution, and he should be glad if the honorable mover would make it general, extending its provisions to filling the empty pannels of the Rotundo with appropriate paintings. The remarks of Mr. EVERETT were imper. fectly heard by the reporter, who apprehends that they have been as imperfectly reported.]

Mr. STORRS said, that he had often thought that our Naval victories were entitled to some notice, as well as the military exploits of the Army, and that Congress could not better occupy some of the vacant pannels in the Rotundo, than by filling them with commemorations of some of those chivalrous triumphs of the Navy that had conferred so much honor and glory on the country. He hoped that the Navy would not be altogether forgot. ten, and that the House would agree to adopt an amendment that he should offer to the proposition of his friend from Massachusetts. Mr. S. then moved to add the fol lowing words, viz: "or such of the victories achieved "by the Navy of the United States, as in their opinion "should be selected for such national commemoration." [Here the debate closed for this day.]

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