lies at the foundation of all our institutions. By this I do not mean every accidental flash and flourish of the public mind, but I mean its deliberate judgment and opinion, brought to bear on the conduct and opinions of the public servants; and I beg the senate to give their attention to this state of the case; and I ask every fair and candid man, have not the people signified that the law and constitution of the country are invaded? The subject of this measure has long engaged the public discussion, feeling, and judgment, and has long excluded from the public contemplation almost every thing else, as unworthy of their regard. What has been the result of this inquiry, and what the verdict of this great nation on this great question? Was there ever a decision more decided on any question in the history of this government? And in this estimate I do not take into the account the expressed opinions of private assemblies, the private remonstrances against this measure presented to this body, not even the voluminous protest against it from nearly 9,000 legal voters of New York city; but I speak of the solemn acts of the legislative assemblies of whole states; and I ask those who profess a deference for the public will, how they can neglect this loud, solemn, and imperative voice of remonstrance? lic meetings, but from legislative bodies, speaking| Mr. Webster resumed the floor and addressed the in deliberate and solemn council. And yet you senate about two hours and a half, in continuation Do you indulge the idle hope that the people will acquiesce in this measure matured and carried into eflect, to which in its incipiency they manifest so great aversion? No, sir, no, sir. If the hills and valleys of the country are already reverberating with the voice of remonstrance and opposition, pass this bill, and it is no longer a question of relief and expediency, but a question of liberty. This measure will be regarded as an insult added to the ruin of their business, the derangement of the currency, and the infliction of great and gen. eral distress; and, under such an insult, they will never be silent. Sir, you already know my judgment and opinion of this measure as injurious and dangerous to the public prosperity and the public liberty. But, as passed also in opposition to the public will, it rises far higher in its malign aspect, and involves a prin Mr. Robbins having indicated his desire to speak on the subject, The senate adjourned, after an executive session. March 14. A number of petitions were presented, after which Mr. Norvell offered a resolution, which lies over one day, declaring it as the sense of the senate that no one concerned in a duel ought afterwards to be appointed to any public office under the United States. The following bills were read a third time and passed: To repeal certain provisions of the tariff act of 1832; to authorise Charles Day, and James R. Butts to import, duty free, materials for two iron steamboats; for the relief of the sureties of James Manning. The vote ordering to a third reading the bill mak ciple deep and momentous, on which the governing appropriations for the construction of certain ment itself is founded. You are disregarding thus tain but the voice of one state in its favor, while The resolutions were read, laid on the table, and roads in Wisconsin was reconsidered; the bill was discussed by Messrs. Lyon, King, Linn, Davis, Tipton, Hubbard, Walker, and Sevier, chiefly on the ground that some of the routes had not been duly examined; amended, verbally, and informally passed over at the request of Mr. Buchanan. Mr. Morris, on leave introduced a bill to divide the territory of Wisconsin, and to establish the territory of Ioway. Read twice and referred. Several bills from the house were read twice and On motion of Mr. Lyon, a call was made on the A number of bills were reported, and ordered to Mr. King reported from committee, without amendment, the bill authorzing tonnage duty on vessels entering Baltimore harbor through the ice; which was considered, and ordered to be engrossed for a third reading. What are the states that have felt it their duty, by the emergency of this great question, to pro- the public voice, strong and decided, though the nounce the decision of their respective people influence and patronage of the government are against this measure? Here, first in wealth, re-operating every where against it, being able to obsources, and population, comes the great state of New York; she is against it. Pennsylvania, slow, majestic, and considerate, in announcing her opinions, is also advancing to the rescue or the country from this measure. And here is little Rhode Island, with all her business, talents, and sagacity. New Jersey, Ohio, and Tennessee, have also come forward; and now I see in this bright array the state of Kentucky. Are all these to be neglected? Are they entitled to no deference in this strong expres sion of their opinions, even when they speak in the national councils? How stands the case in the other house? There 121 representatives have been instructed by their respective legislatures to vote against this measure, composing nearly one-half of the whole house. And let me call your attention to those states that have not sent such instructions, but which, from their known sentiments, undoubtedly concur in those instructions. Here is Maryland, in our immediate neighborhood; and what are her sentiments? They are against the measure, and every one knows it; and if they have not been expressed, it is simply because she supposes that all the world knows them already. She is on the side of the protestants. And Indiana, let her two senators speak for her; one of whom is a friend of the administration and is yet against this measure. She, too, is among the protestants. Old Massachusetts, she also is here, and speaks in a voice that needs no aid of mine. Vermont is in the same ranks, and little Delaware, not least in talent and intelligence. Add these to the states that have actually protested against this measure, and it makes 154 representatives in the other house, being a majority of 66 in the whole. Here, sir, is no argument. These are facts worth a thousand arguments. And supposing this measure were intrinsically ever so wise, can it be right to force it on an unwilling people? Are we to do the people good against their will? It is the tyrant's example. All usurpations of power have ever been made and exercised under the pretence of doing good against the common will and the common judgment. But it is a sentiment utterly abhorrent to the genius of this government. And, now, what have you to oppose to this mass of evidence, that this measure is contrary to the will and judgment of the people? Where are the states that are in favor of it? On that side is a powerful administration, with a long career of power before it; and this administration is staked on this measure as the very point on which its existence is turned. To be or not to be, is the question which it has involved in the success or failure of this measure. It has exerted its power and influence to bring over the country; and after all what states are in favor of it? It has been said that kings seldom woo in vain, and this may be said of our presidents. This occasion called forth the exercise of courting and wooing, and yet what has been the result? South Carolina is the only state that has come forward to express her opinion in favor of the measure. Attempts have been made in other states, but nowhere else have resolutions of approbation been carried. Here and there an officeholder takes his cap in his hand and huzzas for the sub-treasury; but is this any evidence of the public will and judg. ment in its favor? The following bills were read a third time, and passed: For the relief of B. H. Maher, of Jas. Baker, of R. Peebles and J. Graham, of Isaace Bronson, of the heirs of Wm. Jones, of the heirs of T. Carter, of I. Shubrick, for establishing an additional land district in Alabama, for the relief of the securities of Archibald Sneed, for the relief of the legal representatives of John Brooks, for the relief of Walter Loomis and Abel Gale. Sub-Treasury Scheme. The senate resumed the consideration of the subtreasury bill. Mr. Webster spoke at large in opposition to this measure, as a novelty in legislation and in practice; in vindication of the credit system, as the great source of equal and individual wealth and general prosperity; on the advantage and necessity of a sound currency; and the constitutional duty of The senate proceeded to the farther consideration of the sub-treasury bill. Mr. Robbins spoke about an hour and a half in opposition to the bill. Mr. Benton followed in favor of the bill, in opposition to all banks and banking, and in vindication of the present prosperous condition of the country. Before he had concluded, he gave way to a motion to adjourn, and The senate adjourned. March 15. The Vice President presented a communication from the secretary of the treasury, in pursuance of a senate resolution of the 9th inst. with copies of the correspondence, &c. relating to the Metropolis bank of this city as a fiscal agent of the government. Laid on the table. The following petitions, &c. were presented: By Mr. Buchanan: the proceedings of a meeting in Philadelphia, in favor of the sub-treasury bill. Read, laid on the table, and ordered to be printed. [Mr. Buchanan, in presenting these proceedings, said he had but a single remark to make, and that was, that from all the accounts which he had received this had been an immense meeting; and, although a small, but highly respectable, minority of the democratic party of the city and county of Philadelphia were opposed to the independent treasury bill, yet he felt no hesitation in saying that a very large majority of that party were decidedly friendly to the measure.] the government to furnish and regulate such a By Mr. Tipton: from a number of citizens of their power over commerce and the intercourse be- A message was received from the house of re- March 13. After a number of petitions had been presented and referred, and several biils had been ordered to a second reading, the following, among other bills, was introduced on leave. By Mr. Trotter: Supplementary to the various acts relating to the appointment of commissioners for the adjustment of claims under the treaty of 1830 with the Choctaw Indians. [Explained by Messrs. Trotter, Linn, and Grundy.] The bilis for the relief of the legal representa tives of Daniel Duvall, authorizing tonnage duty on vessels entering the port of Baltimore through the ice, were severally read a third time, and passed. A number of bills, which will be noticed on their final passage, were ordered to be engrossed for a third reading. On motion of Mr. Clay, of Alabama, a call was presentatives, through Mr. Franklin, their clerk, announcing the death of the honorable Timothy Jarvis Carter, a member of that body, and informing the senate that the house would attend his funeral in the representatives' hall, at 12 o'clock on Saturday next. Whereupon Mr. Ruggles rose, and addressed the senate as follows: Mr. President: The message from the house of representatives just read, communicating the melancholy intelligence of the death of the hon. Timothy J. Carter, a representative from the state of Maine, imposes on me the duty-which I cannot perform without the deepest emotion-of moving the customary resolutions of respect for the memory of the deceased. He died last evening, at the hour of ten, at his lodgings in this city, after much severe, but patient suffering, at peace with all, at variance with none. I know that occasions of this kind have usually been improved to pronounce eulogies on the character of deceased members; but the painful emo made on the secretary of state for information relations which have been awakened by the last sad The senate then again proceeded to the consider We have all this evidence, not from excited pub-ation of the sub-treasury bill. adieu of an esteemed friend and colleague, but poorly qualify me to speak at this time, and in this place, of his manly virtues, his purity of heart, the engaging mildness of his disposition, the unusual excellence of the character he maintained in all his NILES' NATIONAL REGISTER--MARCH 17, 1838–CONGRESS. domestic and social relations. It is but to say, suggested that if the object was to put off this sub-the chair,) and took up the bill of the house "to what all who knew him, as I have known him, would say, that his whole life afforded constant exemplification of the strictest moral rectitude, in the upright, faithful, conscientious performance of every duty connected with his station in society. Though yet scarcely past the morning of life, he had received many gratifying proofs of the esti mation in which his talents and probity were held by the people and the councils of his state. As a representative, he has been devotedly faithful to his trust, and fully justified the confidence reposed in his virtue and patriotism. He sought not high political distinction. He was unambitious of renown; but guided his footsteps by that calm and steady light which shines all along the pathway of duty and usefulness. He inherited his virtues from a highly respectable parentage, and bas left a wide circle of attach ed relatives and friends to mourn his exit; three of whom, under the ready impulses of fraternal affection, obeyed the earliest summons to his sick bed. Alas! it was but to witness, with poignant grief, the closing scene in the brief drama of human exis tence. He was a husband and a father. But how can I presume here to speak of the agonized feelings of her, who, while she caught his latest sigh, felt that, as in life, so almost also in death, his destinies were her own! With the deceased life's fleeting shadow has pass ed by, and eternity has opened its broad portals. Nothing now remains but the tears of relatives, the regrets and sympathies of friends, and the moral influence of his example for all. The senate, on motion of Mr. Ruggles, resolved unanimously to wear crape thirty days in testimony of their respect for the deceased, and to attend his funeral at the time and place appointed. On motion of Mr. Hubbard, it was resolved that, when the senate adjourn, they adjourn to meet on Saturday next. The senate then adjourned. HOUSE OF REPRESENTATIVES. Thursday, March 8. Mr. Briggs moved to suspend the rules for the purpose of enabling him to offer an amendment to rule 63, which provides that "no appropriation shall be reported in the general appropriation bills, or be in order as an amendment thereto for any expenditure not previously authorized by law;" which said amendment is as follows: "unless in continuation of appropriations for such public works and objects as are already in progress, and for the usual contingencies for carrying on the several departaments of the government." niment." The motion to suspend was lost. A number of reports were made, after which, on motion of Mr. Mercer, it was Resolved, That the committee on the public buildings be instructed to ascertain the practicability and cost of providing within the capitol a suitable hall for the accomodation of the house of representatives; and if such a hall cannot be obtained, to suggest such alterations of the present hall as they may deem expedient for the transaction of the public business. The Speaker laid before the house a letter from the secretary of the treasury, transmitting a report in obedience to a resolution of the House of the 5th instant, calling for information relative to the agents appointed for the payment of pensions. The hour being announced for taking up the orders of the day Mr. Fairfield, of Maine, rose, and asked if the executive message with regard to the northeastern boundary were not first in order? ject for the session, without any definite action up-, restore circuit jurisdiction to the district courts of Mr. Beirne moved to strike out the first section titled "an act to amend the judicial system of the United States," and that the people of that section of the state of Virginia had not desired such a repeal. range his plans, as not to pernit the people of of the bill, on the ground that this was a proposition The Chair said, that if, by general consent, the bill should be referred to the committee on foreign affairs, the main question would then be upon the commitment of the president's imessage on the subject under discussion. There being no objection to the reference of the bill, it was so referred. Mr. Cambreleng then demanded the previous The vote on receiving the previous question Mr. Briggs asked leave to move that the house Mr. Chambers, of Kentucky, once more asked Mr. Howard moved that the house now proceed Mr. H. then stated and explained the compromise which had taken place in the committee of conference, and the result to which they had arrived. A debate then arose, in which Messrs. Howard, Fillmore, Cushing, Haynes, Tillinghast, Adams, Holsey, and Corwin participated, when Mr. McKim moved the previous question. The motion was seconded by the house: ayes 78, noes 44. The previous question was then put, and carried; and the main question, viz. on agreeing to the report of the committee of conference, was decided in the affirínative by yeas and nays, as follows: yeas 105, nays 51. So the house concurred with the committee in their report. The Chair thereupon announced that, the house having received official intimation that the senate had previously concurred in the same report, the bill was passed. The house then passed to the order of the day, which was the consideration of private bills; and the question being on a motion of Mr. W. Thomp. son to reconsider the vote in favor of the bill for the relief of the heirs of the late Robert Fulton. Mr. Thompson stated at large the reasons of his motion, and the former debate on the Fulton bill was renewed with equal earnestness as when that bill was before the house previously to its passage. The motion for reconsideration was strenuously re sisted, and the merits of Fulton pressed and eulogized by Messrs. McClelland, Whittlesey, of Conn. and Chambers. The reconsideration of the bill was advocated with equal spirit by Messrs. Randolph and Craig. Mr. Duncan, having obtained the floor, signified his desire to address the house, but wish ing another occasion to be afforded him for that purpose, moved an adjournment. This inotion prevailed: ayes 79, noes 64. So the house adjourned, without taking the ques tion. Saturday, March 10. Among the reports made this morning was one by Mr. Thomas from the committee on the judiciary, the bill from the senate to change the times of holding the circuit courts of the United States in the ninth circuit, with an amendment thereto. Mr. Cambreleng rose at nearly the same moment, and was about to move the postponement of this subject, when Mr. Fairfield claimed the floor; which being awarded him by the chair, he proceeded to reply to so much of the argument of Mr. Evans as animadverted upon the conduct of the late and present administrations with regard to the northeastern boundary, but still sustaining the main ground of Mr. E's argument as to the interests of Maine in the matter. [Both these speeches will, in due time, be laid before our readers.] He was in favor of the bill proposed by Mr. Evans, and hoped the committee on foreign affairs would be instructed to report it. Mr. Cimbreleng demanded the previous question. The Chair decided that the main question would be on the engrossment and third reading of the bill itself. Mr. Cambreleng then modified his motion, and moved to postpone the whole subject till the 8th day of April. Mr. Evans and Mr. Lincoln rose simultaneously, and requested Mr. Cambreleng to withdraw this proposition, in order to enable them to make some obser- dis. vations upon the pending proposition. Mr. Cambreleng could not consent to do so. The said amendment was concurred in, and the bill read a third time, and passed. The modified resolution of Mr. Johnson, from Maryland, which was the unfinished business of the morning hour, being in order, and Mr. Johnson being absent, Mr. Whittlesey, of Ohio, moved that it be post- On motion of Mr. Garland, of Virginia, the house Mr. Garland supported the bill upon precisely the opposite ground, and appealed to the delegation from western Virginia to sustain him in the position he assumed. Mr. Johnson, of Virginia, sustained the bill, and Mr. Craig, and Mr. Hopkins, and Mr. Morgan, and argued the necessity of the proposed change, as did Mr. Stuart, of the same state. Mr. Beirne reiterated the opinion that the people of Virginia were not in favor of this bill, and, in gress upon the subject. He said it was a moveproof of this, that they had not memorialized conment of a portion of the bar of western Virginia. section of the bill. He insisted upon his motion to strike out the first Mr. Craig said he had presented memorials upon this subject, and showed that the immediate constituents of the gentleman last up were interested to keep the courts as they were, while in this particular they formed an exception to the rest of western Virginia. Mr. Garland said that he had also presented some memorials upon that subject; and he and others of his colleagues demonstrated the errors into which Mr. Beirne had fallen in relation to the matter. Mr. Hopkins said he had also presented memorithe necessity for the proposed change. There had als from his constituents for the adoption of this neasure, and dwelt with some particularity upon been various petitions of the kind, and many private letters, urging the passage of the bill. The question being propounded, on the motion of Mr. Beirne, to strike out the first section of the bill. the vote stood-yeas 11, nays 50. Mr. Garland, of Virginia, moved that the committee rise and report that there was no quorum; which motion prevailed. Mr. Cushman moved a call of the house; which was found that 123 answered to their names. was ordered, and the clerk proceeded to call the roll. And after the absentees had been called, it motion, the house then adjourned at half-past one o'clock. On Monday, March 12. Petitions, &c. upon various subjects were presented by Messrs. Mercer, Hopkins, and Morgan, of Virginia; McKim, Thomas, Worthington, and Jenifer, of Maryland; Milligan, McKennan, Paynter, Plumer, Potter, Beatty, of Delaware; M. Morris, Potts, Davies, Henry, Wagener, Sergeant, Ogle, Toland, Klingensmith, Bronson, Peck, Clark, Birdsall, DeGraff, Gallup, Sheifer, and Biddle, of Pennsylvania; Halsted, Randolph, Ayerigg, and Yorke, of New Jersey; Russell, Grant, Sibley, Hoffman, Curtis, Marvin, Fillmore, Mitchell, McClellan, Parker, Moore, Vanderveer, Kemble, Andrews, Jones, Pratt, Titus, Loomis, Brodhead, Edwards, Noble, Palmer, Spencer, Cambreleng, and Patterson, of New York; Bond, of Ohio; S. W. Morris, of Pennsylvania; Fletcher and Allen, of Vermont; Haley, Whittlesey, and Ingham, of Connecticut; Cranston and Tillinghast, of Rhode Island; Phillips, Cushing, Briggs, Reed, Lincoln, Calhoun, Borden, and Adams, of Massachusetts; Cushman and Williams, of New Hampshire; Fairfield, Noyes, Anderson, Evans, and Davee, of Maine. At this point, Mr. Whittlesey moved a call of the House, (it having been ascertained that no quorum was in attendance.) The motion prevailed. The clerk proceeded to call the house; and had motion, the call was suspended, and petitions were proceeded but a short way upon the roll, when, on then presented by Messrs. Mason, Johnson, and Taliaferro, of Virginia; Montgomery, of North Carolina; Griffin and Clowney, of South Carolina; Southgate, of Ketucky; Stone, Turney, Polk, Maury, Shields, and C. H. Williams, of Tennessee; Casey, of Illinois; Lewis, Lyon, and Chapman, of Whittlesey, Allen, Goode, Sheplor, and Webster, of Ohio; Herod, Graham, and Dunn, of Indiana; Alabama; Miller and Harrison, of Missouri; Yell, of Arkansas; Crary, of Michigan; and Downing, of Florida. Petitions, &c. upon slavery, Texas, &c. A number of memorials of this class were presented by Messrs. M. Morris, Potts, McKennan, Potter, Beatty, Wagener, Sergeant, Ogle, Halstead, ell, Vanderveer, Kemble, and Patterson, of New Peck, Clark, Russell, Grant, Sibley, Marvin, MitchYork; Allen, of Vermont; Tillinghast, of Rhode Island; Phillips, Cushing, Briggs, Lincoln, CalSeveral gentlemen presented nemorials upon this subject; which were referred to the select committee now in session. houn, Borden, and Adams, of Massachusetts; An-fat first, that it was the unauthorized act of indivi- "Resolved, that the president be requested, if not derson, Evans, and Davee, of Maine; and Whittlesey, of Ohio; which were disposed of in the usual mode, by laying them on the table, some under the rule, others on motion. Petitions against duelling, &c. A number of memorials in favor of the passage of the bill making compensation for losses prior to 1800 by French spoliations were presented, and referred to the committee to whom that bill has been referred. Mr. Henry, of Pennsylvania, presented a joint resolution of the legislature of Pennsylvania, instructing their senators and requesting their representatives in congress to vote and use their influence for the postponement of the sub-treasury bill, or any other acts of a similar character; and also resolutions accompanying the same from the senate of Pennsylvania, on the same subject. On motion, referred to the committee of the whole on the state of the union, to which the same subject is referred, and that they be printed. Mr. Pratt, of New York, presented the resolutions of the assembly of the state of New York, requesting their senators and representatives in congress to oppose the passage of the bill now be fore congress to impose additional duties, &c. called the sub-treasury bill. Several memorials, very numerously signed, remonstrating against the passage of the sub-treasury bill, and others in favor of establishing a national bank, were presented by several gentlemen; which were severally referred to a committee of the whole, to which had been committed the sub-treasury bill, reported by the committee of ways and means. Mr. Fillmore presented a memorial, adopted by a county meeting held at Buffalo, on the 12th of February last, in relation to the burning of the Caroline, and the murder of our citizens on board. On presenting it, he remarked that the memorial gives a full history of that unexampled outrage upon the lives and property of our citizens. It has the sanction of a very large and respectable meeting, and I doubt not that it is substantially correct. From this, it appears that this ill-fated boat belong ed to a citizen of Buffalo; that, on the 29th of December last, she was cleared at the custom-house in Batfalo, with a view of running her as a ferry boat between Black Rock and Schlosser, and between Schlosser and Navy Island, then occupied by the Canadian rebels or patriots. She sailed under the American flag, and no other. She arrived at Schlosser that day, and made two trips from thence to Navy Island, carrying at one time provisions, and at another a six-pound cannon, for those on the island; but she was neither owned nor controlled by any one on the island. About five o'clock that evening she was moored at the wharf at Schlosser, on the American shore, within sight of Chippewa, on the Canadian side. Several persons not being able to obtain lodgings at the small tavern at that place, applied for, and obtained permission to lodge on the boat. From the best information, the whole number on the boat was 33, all unarmed, except one pocket pistol, which was unloaded, and without ammunnition to load it. According to custom, a watch was piaced on deck about 8 o'clock, and these American citizens retired to rest, under the protection of the flag of our country, little suspecting that that flag would afford no shield to Canadian aggression, and no protection to midnight murder and assassination. duals, which would be instantly disavowed by the incompatible with the public interest, to communi- What the British government will say to this, remains yet to be heard. Charity and the friendly relations existing between this government and that, induced me to hope that this act will be disavowed by that government, and that satisfaction, so far as it can be made, will be immediately proffered. It is proper that I should state that the deep and universal feeling of indignation which this outrage has called forth in that community is entirely distinct from, and independent of, that excitement which has been so universally condemned, as an improper interference in the Canadian rebellion. That our citizens should have felt a deep sympathy in what they considered the struggles of the oppressed against the tyrrany of their oppressors, cannot be matter of surprise to the descendants of the whigs of '76. It was natural-it was inevitable; and the only thing which the true patriot has to regret is, that this feeling, springing from the most noble and generous emotions of the human breast, should ever for a moment have gained such an ascendency over the nind of any true American, as to induce him to violate the sacred laws of neutrality, by which he endangers the peace and prosperity of many millions of human beings, and, possibly, the great cause of freedom itself. It is doubly painful to see that this noble and generous spirit of chivalry has degenerated apparently into a base and lawless spirit of plunder and robbery, which is spending its fury in private depredations and public robberies of our arsenals and magazines, disgraceful to our country, and highly criminal in those concerned. I desire for myself, and for those whose memorial I present, to disclaim all countenance of these acts. The memorialists pray that our navy and army may be placed on a proper footing, and that our fortifications may be placed in a proper state of defence, and particularly, that the city, of Buffalo and the Niagara frontier, now in a perfectly defenceless state, may be immediately fortified, and that the government demand and obtain redress for this outrage. I move that so much of the memorial as relates to the defence of the country be referred to the committee on military affairs; and so much as relates to the violation of our national honor, and redress therefor, to the committee on foreign affairs; and that the same be printed. Mr. Adams hoped that the gentleman would move the reference of the memorial to a select committee, it being on a most important subject. He was proceeding to give some reasons for this suggestion, when The Speaker arrested the debate, and said, that if the memorial should give rise to discussion, it must lie over. Mr. Fillmore then modified his motion, and proposed to refer the memorial to a select commit Between 12 and 1 o'clock at night, while our peaceful and unarmed citizens on board this boat tee. were sleeping with unsuspecting security, within Mr. Howard moved its reference to the commitour own waters, five Canadian boats, filled with tee on foreign affairs, which motion, having precearmed men, stole upon their slumbers like midnight dence, was first put, and the vote stood ayes 61, assassins, and commenced an indiscriminate slaugh ter of unarined and unoffending citizens, with the savage and demoniac cry of "give no quarter." Without weapons for defence, or time for flight, several were killed; the exact number perhaps can never be ascertained. The Canadian report says six, and ours nine; and this vessel, with the dead on board, except one, who fell upon the dock, was then towed into the current above the falls, set on fire, and abandoned to its fate. It shed, for a few moinents, its lurid glare upon our shores, and lighted the way of these assassins back to their own homes, aud then plunged into that unfathomable abyss, from which nothing but the fragments of its wreck have ever emerged. I am unwilling to say or do any thing which may tend to embarrass the diplomatic negotiations that I trust have already been instituted by this governiment, peaceably to obtain satisfaction for this outrage. Common charity induced us all to believe, noes 37. No quorum. The Chair requested members to vote on one or the other side. Another count resulted as follows: ayes 63: noes 41. No quorum. Mr. Petrikin moved a call of the house and demanded the yeas and nays on this motion. Mr. McKennan hoped that his colleague would withdraw the call for the yeas and nays. Mr. Petrikin said he could not. He wished to see where the 10 o'clock men were. The yeas and nays were ordered, and a cail of the house was ordered. Yeas 102, nays 46. One name having been called. Mr. Petrikin moved that the further progress of the call be suspended, which motion prevailed. The motion of Mr. Howard then passed without a division. Mr. Fillmore then moved the house to take up and consider the following resolution offered by him on a foriner day. rage; and to communicate to the house all correspondence or communication relative thereto, which have passed between the governinent of the United States, or any of the public authorities of either." Objection being made, Mr. Fillmore moved the suspension of the rule. Lost; two-thirds, not voting for the motion. Other memorials upon this subject were offered by several members, and were all similarly dispos ed of. Mr. Adams presented a memorial praying congress to rescind the resolution of December 1, 1837, and accompanying it, a memorial praying congress to cause the declaration of independence to be expunged from the journal of the old congress; which he moved to refer together to a select committee. Mr. Campbell, of S. C. rose and said, that he represented upon that floor a constituency which The Speaker told him that no petition was debateable on the day it was offered. Mr. Cushman moved to lay it on the table; which motion prevailed. Several resolutions of minor importance were offered and appropriately referred. The Speaker laid before the house a letter from the secretary of the navy, inclosing a statement in compliance with a resolution of the house of the 26th ult. showing the names of all officers and noncommissioned officers, in the naval service and marine corps, disabled while in the line of their duty. Also, a letter from the navy department, transmitting the report of commodore Stewart and Dallas, and captain Bolton, relative to proposed improvements of the navy yard at Pensacola. Also, in reply to a resolution of the 7th instant, a report in relation to the compensation of revenue officers in the year 1837. Also, a message from the president of the United States, transmitting a report of the secretary of state, relative to an n application made by the minister of France, in behalf of captain Beziers, for remuneration for services in saving the captain and crew of an American vessel wrecked in the bay of Cadiz, in the year 1835. To which the president adds: "I am happy to evince my high sense of the humane and intrepid conduct of captain Beziers, by presenting his case to congress, to whom it belongs to determine upon the expediency of granting his request." Also, a message from the president of the United States, transmitting a report from the secretary of state in reply to a resolution of the 5th instant, respecting the present state of the campaign in Florida, and disposition of the Indians to treat for peace. On motion the house, at 4 o'clock, adjourned. Tuesday, March 13. The following were among the reports made from committees this day: By Mr. Jenifer, from the committee for the District of Columbia, a bill for the suppression of gaining in the District of Columbia. By Mr. Petrikin, from the same committee, a bill to incorporate certain banks in the District of Columbia. By Mr. Ingham, from the committee on naval affairs, a bill for the augmentation of the United States marine corps. On motion of Mr. Cambreleng, the house took up and adopted the following amendment to the 63d rule of the house, as offered and modified by Mr. Briggs: Add to the 63d rule, "Unless in continuation of appropriations for such public works and objects as are already in progress, and for the contingencies for carrying on the several departments, of the government." Mr. Garland, of Virginia, moved for leave to introduce a motion to discharge the committee of the whole from the further consideration of the bill (under consideration on Saturday last) in relation to the jurisdiction of the district courts of western Virginia. Mr. Everett, desirous to reach the resolution next in order on the speaker's table, objected. Mr. Garland moved a suspension of the rule, which motion prevailed, and the bill was taken up and ordered to be engrossed and read a third time this day. Mr. Johnson, of Maryland, rose, and proceeded with his remarks in support of his resolution, partially discussed upon former days, and made some further progress. [This debate will be given hereafter, when completed.] tained; inasmuch as no part of the contingent fund, while judge McKinley would be relieved from a Mr. Rariden would so far further amend the bill as to make such an application of a portion of the contingent fund as he had proposed. In the mean time, he was desirous to have the sense of the house upon his appeal. The pending motion being the previous question on the motion of Mr. Howard, on the motion to refer the message of the president of the United States and accompanying documents upon the sub ject of the northeastern boundary and the imprison-ed hereafter, when there was a fuller attendance. ment of Mr. Greely, of Maine, to the committee on foreign affairs; that notion was put and prevailed, and the proposed reference was ordered. Mr. Bell suggested that the appeal be withdrawn with the amendment for the present, and introduc Several bills from the senate received their first and second readings, and were severally commit ted. Mr. Rariden acceded to this suggestion. Mr. Bell objected to this amendment, on the The Speaker laid before the house a communication from the secretary of war, transmitting a report of the chief engineer in reply to the resolution of the house of representatives of the 5th instant, requiring information as to the amount of money ex- be becoming a common one. pended for the improvement of the Missouri river. Also, a communication from the war department. enclosing a copy of the report of the survey recently made of the harbor of Linn, Massachusetts, in obedience to the resolution of the house of representatives of the 9th instant. On motion of Mr. Cambreleng, the house resolved itself into committee of the whole on the state of the union, (Mr. Casey in the chair,) and again took up the civil and diplomatic appropriation bill, and the amendinents offered thereto by Messrs. Cambreleng and Bell. An amendment offered by Mr. Cambreleng, providing for the appropriation of the proceeds of oid furniture at the president's house to the purchase of new, was agreed to. Mr. M. Morris, of Pennsylvania, moved to strike out from line 423 of the bill the word "thirty," and to insert, in lieu thereof, the word "twenty." As a member of the committee upon expenditures in the department of state, Mr. M. had had occasion to look into these matters, and had ascertained that the payments, under this head, had, from 1829 to 1837, inclusive, been five hundred dollars, annually, less than the sums appropriated; and that that aggregate balance was yet in the hands of the department, applicable to that object. He could see no reason, therefore, why this reduction should not be made. Mr. Cumbreleng made some explanations and the amendment was rejected. Mr. Reed proposed to amend the bill by adding $52,040 for the erection, rebuilding, and completion of light-houses in New Hampshire, Massachusetts, Connecticut, New York. Mr. Dawson thought that this proposition did not come under the title of the bill under consideration. There was as much need for such appropriations on the southern as on the northern Atlantic coast, which, in the proper time, he should move for. Mr. Reed explained, showing that the amendment he proposed, was intended to carry out more perfectly one of the provisions actually contained in the bill under consideration. The amendment was rejected by the committee. Mr. Howard moved to amend the bill by adding $4,000 for the outfit of a new charge d'affaires to Peru; the present charge being about to return home. Mr. Petrikin opposed, and Mr. McKim supported this proposition; the latter upon the ground of its mercantile necessity. He was in favor even of having a minister there of the highest grade. After some brief remarks, in opposition to the amendment, from Mr. Bell, and some explanations on the part of Messrs. McKim, Petrikin, and How ard, the amendinent was adopted. Mr. Rariden moved to amend by striking out the words "twenty-five thousand," and inserting the words " - thousand;" for the purpose of so far increasing the contingent fund of the house as to cover the expenses of supplying members of congress with certain documents, &c, ordered at the present session to be furnished them. Mr. Cumbreleng was of opinion that this amendment was not in order, under the rules of the house; there was a bill before the house, already, providing for the same object as that intended to be reached by the proposed amendment. The Chair decided the amendment to be out of order under the 43d rule of the house. Mr. Rariden took an appeal from this decision: and the question was, "Shall it stand as the opinion of the house?" Mr. McKay made some remarks, by way of showing that, if the proposed amendment should be adopted, the object of the mover could not be at Mr. Cambreleng showed the necessity of making the appropriation now asked for, by way of completing what had been begun, and carried on to some extent. Mr. Snyder, of Illinois, suggested that in case of the occurrence of the contemplated division of the territory into East and West Wisconsin, the present buildings would be so located as to render them inutile. Mr. Bronson maintained that their location was such as to obviate this objection; being the centre of what, under the contemplated division, would be Wisconsin proper. Mr. Bell insisted upon his former objection, urg- The amendment was rejected. Mr. Bell moved to strike out the section of the Before completing all he had to say on this subject, he moved that the committeerise; which motion prevailing, and the speaker having resumed the chair, The bill, passed to be engrossed this morning, in relation to the jurisdiction of the United States courts in western Virginia, was taken up and passed, and then, On motion, the house (at 4 o'clock) adjourned. Wednesday, March 14. Mr. Paynter, on leave, presented a memorial on the subject of duelling, which was referred to the select committee. Messrs. Fairfield and M. Morris gave notice of their wish to offer similar memorials; but the house, after two counts, refused by yeas and nays to suspend the rule, to allow of their presentation out of the regular order of business: Yeas 92, nays 54, not two-thirds. On motion of Mr. Holsey, of Georgia, his colleague, Mr. Jackson, was excused froin serving on the select committee on the reduction of pensions, that gentleman being a member already of two committees. The motion prevailed. nization of the whole of the districts, since the Mr. Haynes farther urged his inquiries in behalf The question being put, the amendment was agreed to; the bill ordered to its third reading, read a third time, and passed. A message was received from the president of the United States, enclosing a communication from the secretary of state on the subject of a car.al across the isthmus of Darien. Several bills of minor importance were offered; after which reports of committees were received. A bill from the senate to allow two citizens of Georgia to import iron steamboats suitable to the navigation of rivers, having been twice read, It was, on motion of Mr. Adams, sent to the committee on manufactures. The house then went into committee of the whole on the state of the union, (Mr. Casey in the chair,) plomatic appropriation bill. and resumed the consideration of the civil and di The house having resumed, in committee of the whole, the annual general appropriation bill, Mr. Bell's amendment proposing to strike out the clause providing for the deposite bank clerks in the department of the treasury was opposed by Mr. Cumbreleng and McKay, on the ground that the duties of these clerks were just as onerous, and even more so, than before the banks had stopped payment, and a letter was read from the secretary, stating that the department could not get on without their services. Mr. McKay stated that, as these clerks were regularly appointed by law, and the secretary had power to pay them out of the contingent fund of the department, they would still be employed, though the appropriation should be striken out. Mr. Bell thereupon withdrew his amendment, but referred with censure to a practice very prevathe present administration, of retaining clerks were very inconsiderable, lent in the departments, as well under former as whose official duties their chief occupation being to write in defence of the measures of government. On notion of Mr. Cambreleng, the appropriation for the United States district courts was auginented from $330,000 to $350,000, in anticipation of late law to preserve neutrality. the increase of business on the frontier under the An item of $2,000 was inserted to repair the roof of the mint at Charlotte, South Carolina. The residue of the sitting was occupied in the discussion of a motion of Mr. McKay, of North Carolina, to strike out the item of $4,000 for the salaries of our consuls at Paris and London. In this debate, Messrs. McKay, Cambreleng, Haynes, Bronson, Mercer, Howard, Shepperd, of North Carolina, and Adams, took part. The ground of the objection was that no salaries were appropriated by law to any consuls but those of the Barbary states; and a rule of the house forbade the introduction of any item into an approvious law, save for public works begun, and in priation bill for expenditures not warranted by preMr. Johnson, of Maryland, proceeded with his a course of completion, and for the contingent exargument in support of his resolution in relation to penses of the different departments of the governan appropriation of the public lands for public ment. schools until the expiration of the hour appropriated to morning business. Mr. Martin, of Alabama, from the committee on [It annexes Alabama to the sixth circuit.] Mr. Thomas, in reply, went into a full explanation The appropriation was defended on the ground that the officers now called "consuls" at London and Paris used formerly to be known by the title of there, they had by degrees grown, in fact, into con"agents of claims" at those capitals; but as we had suls, performing all the duties of the consulate; no longer any claims which needed their presence and in their last appropriation bill their designation had been altered to that of consuls, which they really were; that the salary was fully earned, and of consul existing under the law of nations, and not indispensable to their remaining at their posts; that their case did not come within the rule, the office by municipal law; and their salary having, in fact, been provided for in the law of last session. That that its result would be to obviate the complaints the president had the power of appointing informal which had long been made respecting the neglect agents, and assigning to them their allowance, as of the eastern judicial district of Louisiana. He had been done by president Washington, and Mr. stated very minutely the amount of court duty per- Adams, in particular, insisted that the constituformed by each of the judges, and showed that even tional power to the president to appoint foreign minwith the increased duty occasioned by the amend-isters and consuls involved in it, as an incidental ment, judge Wayne would still have less to do than power, the right to fix the power they should reany of his brethren, judge Barbour only excepted; [ceive; although congress, and particularly the house of representatives, had a check upon the exercise of that power, by its salary of assenting to or refusing to pay the salary; and he said that this principle was recognized in the language of the act of 1810, which provided that the president should not pay to the diplomatic agents, there enumerated, compensations exceeding the sums specified in the act; implying that he might, as a part of the power belonging to his office, both appoint (with the assent of the senate) and fix the allowance of those officers; but that the house would not agree to pay over the specific sum by them specified. Mr. McKay protested against this as a monstrous proposition; and Mr. Mercer declined, also, to yield it his assent. Before any decision was had, the committee rose, and the house adjourned. Thursday, March 15. As soon as the house was organized this morning, Mr. Evans, of Maine, addressed the the chair in the following words: Mr. Speaker, these badges of mourning which we still wear denote that death has lately been in the midst of us. Again his arrow has flown; and again has the fatal shalt been sent, with unerring aim, into a sinall, and already broken, rank. It is my melancholy office to announce that, since the last adjournment of the house of representatives, Timothy Jarvis Carter, then one of its members, from the state of Maine, has surrendered up to the Being who gave it a life upon which many anxious hopes depended, and for whose preservation many an ardent prayer had gone up to the Father of all spirits. He died last evening, at 10 o'clock, at his lodgings which is not made with hands, eternal in the heavens." As a token of our regard for his many virtues, and of our respect for his memory, I move the adoption of the resolutions which I now submit. Mr. Evans then offered the following resolutions: Resolved, That the members and officers of this house will attend the funeral of Timothy J. Carter, deceased, late a member of this house, from the state of Maine, at 12 o'clock, on Saturday, the 17th inst. Resolved, That a committee be appointed to take order for superintending the funeral of Timothy J. Carter, deceased. Resolved, That the inembers and officers of this house will testify their respect for the memory of Timothy J. Carter by wearing crape on the left ar.n for thirty days. Resolved, That when this house adjourn to day, it will adjourn to meet on Saturday, the 17th inst. These resolutions were unanimously agreed to. The following members were appointed to compose the committee of arrangements, viz. Messrs. Evans, of Maine, McKennan, of Pennsylvania, Whittlesey, of Connecticut, Pickens, of South Carolina, Pope, of Kentucky, Hamer, of Ohio, Gray, of New York. And then the house adjourned to Saturday. CHRONICLE. when he graduated was the youngest of his class. He has been for several years (since the death of Dr. Holyoke) the eldest graduate of that institution. He was appointed judge of the supreme court in New Hampshire in 1798, and held the office till 1309, being then 70 years of age. Mr. Wingate was originally a congregational clergyman, having preached for some time for the north church in Portsmouth, and was, we learn, settled at North Hampton. He was a highly esteemed man by his own generation, and has been venerated by the new race which has grown up around him. His wife, a sister of honorable Timothy Pickering, survives him at the advanced age of 90. Louisiana. The governor has returned the bank bill to the senate with his objections. A strange scene occurred immediately afterwards. After the veto had been read, the governor dis. covered that he had made some error in his message, and despatched a letter to the senate, requesting its correction. After a warm debate the senate declined. Two days after, (viz: on the 5th inst.,) the vetoed bill passed the senate by a constitu. tional majority--the vote being 13 to 3. Boston Banks. - The twenty-five associated banks have reduced their loans within the last two months, $2,327,540-circulation reduced, $639,217-specie on hand, $1,153,100. Increase the last month $13,763. Massachusetts Banks. The obvious proposition that a refusal of specie payments forfeits the char A Patriot and a soldier dead. - We learn from in this city, after a sickness of not very protracted He was born in Haverhill, Mass. in 1758, entered 61. The Boston Sentinel remarks, "whether this Our deceased friend and colleague was a native of the state and the district which, so lately, he represented in this branch of congress; and he, therefore, brought with him the confidence, largely be stowed, of those who had known him fron his earliest years. Well did he deserve it. His character for probity, integrity, uprightness, morality, was free from spot or blemish. His principles were well founded. Loving the country of his birth, and its institutions, with all his heart, he pursued with fidelity such measures as his judgment deemed best calculated to promote the welfare of the one and the durability of the other. He was a lawyer by profession, faithful, just, discriminating, attentive, humane, in its practice. Of manners, mild, courteous, affable; and a temper kind, conciliating, patient, he won respect and attachment, even from those who differed with him in matters of opinion; and probably there lives not a human being who has a single resentment, or one unkind recollection, to bury in his grave. He has gone, in the strength of his manhood, and the inaturity of his intellect, the road that all must once pass. "-calcanda, semel, via Lethi." The ties that bound him to life are severed for ever, as all human ties must be severed. "Linquenda tellus, et domus, et amans Ulla, brevem dominum sequetur." Although, when his eyes opened for the last time upon the earth and the sky, they fell not upon his own native hills; though the sod which shall cover him will not freshen in the same influences which clothe them in verdure and beauty; though he died far from his home, the companions and the brothers of his childhood were with him-the sharer of his joys, the solace of his griefs, stood by him; and the hand which could best do it assuaged the bitter pains of parting life. The last earthly sounds which fell upon his ear were tones of sympathy, and kindness, and affection, and support-tones which ceased not, even when they vainly strove to pierce the cold and leaden ear of death. Tears shall flow copiously, and deep sighs be heaved over his lifeless form; tears not more scalding, sighs not deeper drawn, because mingled with any bitter recollections-any unavailing regrets. If human means could have availed-if devoted fraternal syinpathy and care-if constant, abiding, self-sacrificing affection, triumphing over exhausted nature and bearing up a feeble frame, unconscious of weariness, through long and painful vigils, could have saved his life, he would long have been spared to the friends who now deplore his death, and to the state and to the country which he served. was called, made up mostly of Canadian refugees, and commanded by col. Moses Hazen. Mooers soon became lieutenant and adjutant. He Ensign was at the surrender of Burgoyne, the siege of Yorktown, and the surrender of Cornwallis. In 1783 he and eight of his comrades of the same re giment, left the head quarters at Newburg, proceeded to lake Champlain, then a wilderness, and settled on the Point aux Roches, eight miles from the present site of Plattsburg, and he has resided in that county ever since, being 55 years. He has held various high trusts, was a major gen. of militia, and commanded at the seige of Plattsburg. had suffered amputation some years since from a fungus tumor on the arm, but the disease re-appeared. He was a man of elevated principles, a devoted patriot, a sincere believer in religion, a practical farmer, and a beloved citizen in every relation of life. He was at one time a candidate for lient. governor of the state. black-or white, white? The Ohio river is now open-it broke up on Saturday night about nine o'clock. On Sunday evening, several boats, with full freights and passengers, arrived from Pittsburgh. Yesterday our presented a scene of bustle and animation that would cheer the most desponding in these times of pecuniary embarrassment. For buoyancy of spirit and enterprise, under all circumstances, He Hops. The inspector general of hops in the state of Massachusetts, reports the inspection the past year, of 3364 bags of hops of all sorts, weighing 623,648 lbs and valued at $33,418 88. Since the year 1806, the inspection has been 76,860 bags of all sorts, weighing 16,467,182 lbs. Valued at (13 1-5 cts. per ib.) $2,169,429 83. The inspector adds that hops of Massachusetts inspection, generally brings, in the market, from one to two cents per pound more than those of the inspection of any other state. Most, if not all, orders coming from Europe, or elsewhere, expressly require hops of Massachusetts inspection. Brazil. Rio Janeiro papers to the 17th of January, have been received at New York. All was quiet at the capital, and the restoration of tranquil lity in Bahia and Rio Grande, were anticipated with confidence. The French prince de Joinville had gone on a visit to the mines-the French ships of war await ing his return. From Brazil the prince would come to the United States Liabilities of those who take newspapers. The laws declare that any person to whom a periodical is sent is responsible for payment if he receives the paper or makes use of it, if he has never subscribed for it or has ordered it to be stopped. His duty in such a case is not to take the paper from the office or person with whom the paper is left, or to notify the publisher that he does not wish Phenix Bank. An investigation of the charges against this institution, made at the instance of the board of trade of New York, was commenced in that city on Tuesday the 13th inst. A portion of it. the testimony has been published, but we deem it prudent not to notice it until the commissioners make their report. last, the whigs of New York nominated Aaron Mayoralty of New York. On Monday evening Clark as a candidate for re-election to the mayoralty. The "conservatives" have nominated Richard Riker for the same office. The friends of the national ad ninistration have not yet fixed upon a candidate. From Mexico. The schr. Levin Jones, arrived at this port, sailed from Vera Cruz on the 20th ult. Two French brigs of war had arrived, and the remainder of a squadron, fourteen in all, were expected, to enforce the French claims, a part of which had been adinitted. Fortifications had been commenced to protect the town in case of bombardinent, which was expected. No American vessels were in port; the United States sloop of war Vandalia was spoken on the 20th ultimo, bound in. V. O. Bulletin. Death of Judge Wingate We learn from the Portsmouth Journal, that Paine Wingate died at To that stricken bosom we proffer-alas! how little Stratham, N. H. on Wednesday last, aged 99. The will it avail!-our sincere sympathy and condo- Journal says: "He was a senator in the first conlence. He has gone from this place of earthly hon-gress, and was probably the last survivor of that ors and human distinction, to a seat in that "house body. He was a graduate of Harvard College, and If papers are sent to a postoffice, store, or tavern, or other place of deposite, and are not taken by the person to whom they are sent, the postmaster, store, or tavern keeper, &c., is responsible until he returns the paper or gives notice to the publisher that they are lying dead in the office. Insurrection at Trinidad. Extract of a letter dated Trinidad de Cuba, January 17, received by Messrs. Topliff, of the Boston Exchange reading room, per brig Adelaide, at that port: "It is some days since we were in great consternation by the revolting of some negroes, who set fire to two plantations-one, Mr. J. W. Baker's-and killed several men. They set fire to all his houses, which, being fire proof, were but slightly injured; destroyed his steam mill, carts, and all the utensils. They are now concealed in the high mountains, about 100 in number; but are closely pursued by our troops. Mr. Baker had a horse shot from under him, but he succeeded in arresting several of the rebels. The destruction is now over, and not likely to occur again." Captain MeLoon states that when he left, all the American merchants in the place were putting their property on board the shipping. It was reported that Mr. Baker had lost 2,000 hogsheads molasses, and had all his standing cane destroyed, and that the negroes were beaded by a white Spaniard. |