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NILES' NATIONAL REGISTER.

FIFTH SERIES. No. 4.-VOL. IV.]

WASHINGTON CITY, MARCH 24, 1838.

THE PAST-THE PRESENT FOR THE FUTURE.

[VOL. LIV.-WHOLE No. 1,382.

PRINTED AND PUBLISHED, EVERY SATURDAY, BY WILLIAM OGDEN NILES, EDITOR AND PROPRIETOR, AT $5 PER ANNUM, PAYABLE IN ADVANCE.

The hon. George M. Keim, elected a member is to co-operate in this movement, which will give [Globe. colonel Bankhead a moving force of nearly six hundred men.

of congress from Pennsylvania, to supply the vacancy occasioned by the resignation of Mr. Muhlenberg, appeared, was qualified and took his seat on Saturday last.

Letters had been received at Charleston, S. C. which state that Capt. Higgins and Willian Red

The remains of the hon. Timothy J. Carter ding, of the steamboat Alabama, while on a gunning were interred on Saturday last, after the usual ceremonies in the hall of the house of representatives. twenty-five miles north of Key Biscayne, were The president and vice president of the United States, the heads of departments, the members of both houses of congress, and a large body of citizens and strangers attended the funeral.

excursion on the 5th inst. on New river, about

OVERTON CARR, esq., doorkeeper of the house of representatives, died on the 19th inst. On Thursday last the house adjourned at 4 o'clock for the purpose of attending his funeral. Mr. Carr was an old and faithful servant, and was warmly esteemed by a numerous body of friends.

DR. NATHANIEL BOWDITCH, the most learned and astute mathematician in this country, died in Boston on the 16th inst., in the 65th year of his age. His translation of the Mecanique Celeste, with annotations, is left unfinished.

killed by a party of Indians. Col. Pierce made an
attempt to discover the Indians, but failed to do so.
Extract of a letter received in Savannah from an
officer of the army, dated

"FORT MELLON, (E. F.) Feb. 10, 1838.
Report says that Cooacoochhe (Wild Cat) is
now on an island in the most extensive lake yet dis-
covered in Florida. (Cheechoobee.) It is so distant
collected his women and children. Two hundred
from the shore as not to be visible. Here he has
head of cattle were taken on the 28th of January by
the army. The Indians appear determined to fight
to the last: so the war is no nearer its terinination,
to all appearances, than when it first begun."

Georgian.

NEW HAMPSHIRE. Mr. Hill has been re-elected governor of this state by a majority of two or three thousand votes. The following are the returns

For Isaac Hill,
Jas. Wilson, jr.,

from 185 towns:

24396
23287

THE HON. JOHN M. PATTON, of the house of representatives, has been elected a member of the executive council of Virginia, in the place of Mr. McFarland. We do not know whether Mr. Patton has decided to accept this distinguished mark of the respect and confidence of his native state; but we express the common sentiment when we say, that there is not in the house of representalives a more able and efficient member, or one whose absence will be more deeply felt or sincerely by a majority of two or three, and that the lower

deplored.

MISSISSIPPI. The Vicksburg Sentinel of the 1st inst. states that the governor has ordered a new election for two members of congress, to serve du

ing the remainder of the 25th congress.

1109

The result in the legislature is doubtful-but,
it is said that the senate will be administration,

house will be comprised of a majority of whigs.
We will give the particulars in our next.

GEN. SCOTT, who was confined at Albany for
several days, by indisposition, produced by fatigue
The and exposure, arrived at New York on Wednesday

election to be held on the 23d and 24th of April. last on his way to Washington. The whole frontier The Gallatin Star nominates general A. G. Brown was quiet and no danger was apprehended of a reof Copia, and Roger Barton of Marshall, and from

this it is inferred by the Sentinel that Messrs. Claiborne and Gholson, are withdrawn from the course. Messrs. Prentiss and Word are up for re-election.

THE PHENIX BANK investigation closed on Saturday last, and the committee have returned to Albany. The facts disclosed have elicited much coininent, and forin a curious chapter in the history of modern banking. We will publish the report of the connittee, and such portions of the testimony as will enable our readers to understand the whole

matter.

FROM THE ARMY-OFFICIAL. Information has been received at the war department from Fort Jupiter, Florida, as late as the 7th March, which states that, up to that time, more than three hundred Indians and one hundred and fifty Seminole negroes had cone in. Fron information derived

newal of hostilities by the patriots.

The following resolution, introduced by the hon.
J. McDonell, has passed the senate of Michigan.
It is a just and well deserved compliment.

Resolved, by the senate of Michigan, that the vi-
gilant and energetic conduct of major general Scott,
of the United States army, in sustaining the neu-
trality of the United States, and preserving the
peace of the northern and northwestern frontier is
deserving of the highest approbation; and that how
ever the people of Michigan may sympathise with
those struggling for the advancement of human li-
berty, yet the supremacy of the laws of the union,
and the preservation of the faith of treaties is by
them esteemed a paramount duty.

FOREIGN NEWS.

LATE FROM ENGLAND. The packet ship Ros-
coe, captain Delano, has arrived from Liverpool
bringing London papers to the 23d and Liverpool
The abandonment of Navy Island has led the
British public to suppose the Canada war at an
of the O-kee-cho-bee, and Co-a-co-o-chee, with
his band in the swamps of the St. Lucie. It was
also reported there, that many of the Mickasukies end, and the newspapers are discussing other
were making their way in sinall parties of two, topics.
three, and four, back to the Wahoo and Withla-
coochee. It is evident that they will not fight again
if they can avoid it; their sole object being to get
out of the way of the whites, and procure the
means of subsistence. It is believed that nearly all

froin them, it was believed that Sam Jones and his
party were lying concealed on the islands of the
Everglades. Alligator and his party on the west papers to the 24th of February.

tween Mr. Hume, Mr. Roebuck, and any other
In the house of commons on February the 20th,
members of parliament with M. Papineau, Mr.
Mr. Hume moved for "copies of all the letters be-
Mackenzie, Dr. Duncombe, and any other indivi-
duals who have held public situations in the provin-
the possession of government.
ces of Upper and Lower Canada, which have been
seized in those provinces or otherwise come into

Sir G. Grey said that no such papers were in the
hands of the government, and no return could be
inade. Mr. Hume replied that journals supposed
to be in the confidence of the governinent had spo-
ken of such papers, that these statements had led
to erroneous impressions, that he felt it due to him.
self to make such a motion, and that if any corres-
pondence was intercepted with his name to it he
was anxious that it should be produced. Sir G.
Mr. Hume pressed the notion and it was agreed to.
In the house of lords on the 22d of February,
Gray again said that the return must be nil, but
to present, signed by between 5,000 and 6,000 (and
lord Brougham said he held in his hand a petition,
might have been signed by 50,000 or 60,000 if time
which gave him very great pleasure and some pride
had been given,) chiefly of the principal merchants
of the town and port of Liverpool against negro
town appeared as petitioners at their lordship's bar
slavery, or in other words the apprentice system.
against regulating the space between decks of the
When he recollected that the inerchants of that
slave trader, on the ground that such regulation
would ruin thein, and afterwards heard at the bar
against abolishing the trade of negro slavery, on
the ground that such abolition would ruin them, it
was most delightful to find that their views had so
with one voice, without a dissentient voice, pray-
altered, and their minds become now so enlighten
ed as to cause then to approach their lordships
ing the house to put an entire end to slavery.-
(hear.) - The noble and learned lord then gave no-
tice that he should move for a copy of any des-
patch which had been sent out to the governor of
cil issued by her majesty on the 5th of July; and
Guiena touching an act which goes to revive the
named Friday week for his taking the sense of the
slave trade on a large scale, and the order in coun-
house on the issue and expediency of recalling that
order.

Rochdale flannel market. Monday. We have to report the same monotonous state of this market as we have had occasion to do for the last few weeks, viz: not much doing, with prices stationary, and no immediate prospect of amendinent. In the wool trade little passing different from last week, except the turn perhaps in favor of the purchaser.

FRANCE. London, Feb. 23. The Paris papers of Wednesday have reached us by our usual express. Their principal contents relate to the financial and agitation (if not in contemplation) before the French chambers, namely, the augmentation of commercial changes which are at this moment in the duties on heimpen and flaxen yarn.

The French commercial men now seek to ruin our distilleries, by offering to make it a condition present duties on brandy. that the duties on linen yarn shall not be increased provided our government will consent to reduce the

The responsible editor of La Mode, a Carlist journal, was sentenced on Tuesday to pay a fine of for having personally attacked the king in that 4,000 francs, and to be imprisoned for six months, print.

SPAIN. Cadiz papers of the 9th of February, patch from the captain general of Andaluzia, constate that the captain general had received a des.

The common council of London have passed
resolutions conferring the freedom of the city of
Mr. Grote's motion for the ballot in the house of
London on the American minister, Mr. Stevenson.
commons, received 200 votes against 317. Of the firming the complete route of the faction between

their cattle have been destroyed, and most of their two hundred votes for the ballot, only one was Beaza and Ubeda,and requesting the cominandant of horses captured. Abrahan says that there are not given by a tory, sir George Sinclair; the rest were Cadiz to forward a duplicate of the despatches to more than fifteen or twenty negroes left in the na- of the party who support the present government. the governor of Gibraltar. The despatch states

Among the 317 votes against the ballot, there were that more than 3,000 prisoners were taken, besides

The intelligence from Madrid comes down to the In order to search the Everglades, and if possible not more than 63 whigs, of whom 18 were mem- a great quantity of arms, ammunition and other ef12th of February. The Carlist chief Jaba, who to find and dislodge the Indians from the islands, bers of the government, and of the remainder half fects. six companies of artillery under colonel Bankhead a dozen nave been by no means uniform supporters Thus it appears that the British ministry are arrived in the district of Pena Aguilera, near Tolehave been sent from Indian river to Key Biscayne, of the administration. where they are to take boats and proceed by New river into the Everglades. Major Lauderdale, with backed in their resistance to the ballot by only do, in the middle of January, with thirteen men, a company of the about 45 or 39 of their own party, and lord John found himself in three weeks at the head of one two hundred Tennesseeans, and bands of Barilla, Tallada and Patillos, with success. 3d artillery, under lieutenant Anderson, are already Russell is voting and speaking against four-filths of thousand. A despatch froin general Sanz states on New river, having marched from Fort Jupiter his own supporters. The party in favor of the that on the 5th of February he attacked the united on the 2d instant. Lieutenant Powell, of the navy, ballot in England is an increasing one.

tion.

VOL. LIV.-SIG 4

KENTUCKY RESOLUTIONS.

Joint resolutions in relation to the currency, and the the administration of the general government. 1. Resolved, That the general assembly of the commonwealth of Kentucky have seen with deep regret the derangement in the currency and domestic exchanges, the general prostration of the commercial and manufacturing business, the reduction in the price of agricultural products of the people of this state, in common with the people of the United States, which occurred on the suspension of the banks to pay specie during the last spring, and which still continues, to the great distress of the country.

2. Resolved, That this deplorable state of things has been, in the opinion of this general assembly, mainly produced by improvident, rash, and arbitrary acts and proceedings of the executive branch of the federal government, commencing with the veto of the bill to recharter the late bank of the United States, followed by the removal of the deposites of the public money, contrary to law, from its assigned custody, and terminating in the treasury order, exacting specie in all payments for the public lands, which was issued not only without constitutional or legal authority, but in disregard of the known opinion of the legislative branch of the general government.

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3. Resolved, That the general assembly have seen with surprise and regret that the present cutive of the United States, instead of manifesting becoming sympathy with suffering people, people, and recommending measures to relieve them, and restore that prosperity of which they have been wantonly deprived by the administration of his predecessor and himself, has exhibited, in his late messages to congress, a cold indifference to the lamentable condition of the country, and a solicitude only to supply the wants of the treasury, and to protect the interests of the official corps.

4. Resolved, 'That the system of sub-treasuries, proposed by the president of the United States, is a dangerous innovation, tending to augment the executive power to an alarming extent, to the engrossment by the executive of the United States, of all the paper emissions; to place in its possession, or under its control, a great portion of the specie of the country; to abuse, waste, and corruption; and, finally, to the consummation of that perilous union of the purse and sword in the hands and under the power of one man, at the imminent hazard of the purity and the very existence of our free institutions.

5. Resolved, That the people and their government are one and indivisible, and that any attempt to separate them, in interests, in currency, or in fortune, can only proceed from insensibility or infidelity to the duties of the relation in which they stand to each other.

|tion of the late president of the United States, in the universal proscription of all who do not conform to the creed of the dominent party; in a new and fearful version of the power of dismission from office; in the illegal and arbitrary removal of the public deposites; in the suppression of bills which had passed both houses of congress, thereby pre

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Be it enacted by the senate and house of representatives of the United States of America in congress assembled, That the several collectors, naval offi

venting the exercise of the constitutional check cers, surveyors, inspectors of customs, the marshals, upon the veto power; in the promulgation of an and deputy marshals of the United States, and every edict, by which an unconstitutional discrimination other officer who may be specially empowered for was made between payments by a commen people the purpose by the president of the United States, into the public treasury, and finally in procuring, shall be, and they are hereby respectively authorizthrough its influence and partisans, the violation of ed and required to seize and detain any vessel or a public record, the common property of the pre- any arms or munitions of war which may be prosent generation and of posterity, the faithful pre- vided or prepared for any military expedition or servation of which was solemnly enjoined by the enterprise against the territory or dominions of any constitution of the United States. foreign prince or state, or of any colony, district

12. Resolved, That the executive department of or people conterminous with the United States, and the general government ought to be subjected to with whom they are at peace, contrary to the sixth just restraints, and brought back to its constitution- section of the act passed on the twentieth of April, al limist; that economy, retrenchment, and reduc- eighteen hundred and eighteen, entitled "An act tion in the expenditure of the public treasure should in addition to the act for the punishment of certain be enforced, and that every consideration of safety, crimes against the United States, and to repeal the of interest, and pride of national character, demands a thorough reform in the administration of the general government.

13. Resolved, That the governor of this commonwealth be requested to transmit a copy of the preceding resolutions to each of the governors of the several states of the union, with a request to lay them before the legislatures of their respective state; and also a copy to each of the senators and representatives of the state of Kentucky in the congress of the United States, to be laid before the respective houses.

ROBERT P. LETCHER, Speaker of the house of representatives. CHARLES A. WICKLIFFE, Speaker of the senate.

Approved, January 27, 1838.

By the governor:

JAMES CLARK.

JAMET M. BULLOCK, Secretary of state.

Resolutions concerning the iron and coal trade. 1. Resolved by the general assembly of the commonwealth of Kentucky, That the town of Greenupsburg, in Greenup county, Kentucky, is a suitable and proper position for a national foundry; and that there are many advantages united at that point, peculiar to the place and its localities, as a site for national purposes, not to be found in connexion with any position elsewhere in the western states.

2. Resolved, That many of the locks and dams now being erected on the Kentucky, Licking, and Green rivers, as parts and portions of the system of internal improvements adopted by the state, would, in the opinion of the general assembly, be suitable and convenient positions for a national foundry.

6. Resolved, That the general assembly have seen, with great satisfaction, that a measure fraught with such fatal danger as the experiment of subtreasuries, was defeated at the late session of congress by the vote of the immediate representatives of the people; and protesting, as the general assem- to be examined by competent agents and engineers bly now do, solemnly against it if it shall again be proposed, they request their senators and representatives of the state of Kentucky, in congress, to continue to oppose its adoption with the utmost of their zeal and ability.

7. Resolved, That the general assembly have seen with painful regret that the executive of the

acts therein mentioned," and retain possession of the same until the decision of the president be had thereon, or until the same shall be released as hereinafter directed.

SEC. 2. And be it further enacted, That the several officers mentioned in the foregoing section shall be, and they are hereby respectively authorized and required to seize any vessel or vehicle, and all arms or munitions of war, about to pass the frontier of the United States for any place within any foreign state or colony, conterminous with the United States, where the character of the vessel or vehicle, and the quantity of arms and munitions, or other circumstances shall furnish probable cause to believe that the said vessel or vehicle, arms, or munitions of war are intended to be employed by the owner or owners thereof, or any other person or persons, with his or their privity, in carrying on any military expedition or operations within the territory or dominions of any foreign prince or state, or any colony, district, or people conterminous with the United States, and with whom the United States are at peace, and detain the same until the decision of the president be had for the restoration of the same, or until such property shall be discharged by the judgment of a court of competent jurisdiction; Provided, that nothing in this act contained be so construed as to extend to, or interfere with any trade in arms or munitions of war, conducted in vessels by sea with any port or place whatsoever, or with any other trade which might have been lawfully carried on before the passage of this act, under the law of nations and the provisions of the act hereby amended.

SEC. 3. And be it further enacted, That it shall be the duty of the officer making any seizure under this act, to make application, with due diligence, to the district judge of the district court of the United States within which such seizure may be made, for a warrant to justify the detention of the property so seized; which warrant shall be granted on oath or affirmation, showing that there is probable cause to believe that the property so seized

3. Resolved, as the opinion of the general assembly, That the general government ought to cause the positions referred to in the foregoing resolutions before any position is selected by congress as the site of a national foundry on the western waters. is intended to be used in a manner contrary to the 4. Resolved, That the senators and representa- provisions of this act; and if said judge shall refuse tives in congress from the state of Kentucky be re- to issue such warrant, or application therefor shall quested to lay copies of the foregoing report and not be made by the officer making such seizure resolutions before the houses of which they are within a reasonable time, not exceeding ten days members respectively, and before the president of

United States, profiting neither by his own expe- the United States and heads of departments, and to rience nor that of his predecessors, appears resolv- use their influence at such time, and in such maned to persevere in a series of experiments and un-ner, as they may deem most proper to carry the tried expedients, fatal to the prosperity and dangerous to the liberties of the people.

same into full effect.

5. Resolved, That the governor be requested to 8. Resolved, That it is the duty of the general forward copies of the foregoing resolutions to each government to secure a general medium of circula- of the senators and members of congress from this tion, of uniform value, throughout the United state. States; and that the state of Kentucky has a deep interest in the faithful performance of that duty.

9. Resolved, That all experience has attested that the agency of a well-regulated bank of the United States, administered by a corporation blending public and private interests, and under public and private control, is best adapted to furnish and maintain a sound currency, to facilitate and render uniform domestic exchanges, and to inspire general confidence.

10. Resolved, That the administration of the general government, of late years, has been characterized by wasteful extravagance, insomuch that the expenditures of the government have risen in the short space of eight years, from about thirteen millions to the enormous sum of thirty-two millions of

dollars.

11. Resolved, That the general assembly have beheld with surprise and just alarm the abuse, encroachments, and usurpations of the executive department of the general government, since the elec

ROBERT P. LETCHER, Speaker of the house of representatives. CHARLES A. WICKLIFFE,

Speaker of the senate. Approved, Feb. 16, 1838. JAMES CLARK. By the governor:

JAMES M. BULLOCK, Secretary of state.

THE NEUTRALITY BILL.

The following is the "neutrality bill" as it was passed on the 10th inst. The Globe says it was approved by the president on the same day, and instructions immediately forwarded from the departments to the civil and military officers on the Canada frontier, to enforce the execution of it by all the means in their power. It is expected that our fellow citizens in that part of the country will, at once, submit to the law, and return peaceably to their homes.

thereafter, the said property shall forthwith be restored to the owner. But if the said judge shall be satisfied that the seizure was justified under the provisions of this act, and issue his warrant accordingly, then the same shall be detained by the officer so seizing said property, until the president shall order it to be restored to the owner or claimant, or until it shall be discharged in due course of law, on the petition of the claimant, as hereinafter pro

vided.

SEC. 4. And be it further enacted, That the owner or claimant of any property seized under this act, may file his petition in the circuit or district court of the United States in the district where such seizure was made, setting forth the facts in the case, and thereupon such court shall proceed, with all convenient despatch, after causing due notice to be given to the district attorney and officer making such seizure, to decide upon the said case, and order restoration of the property, unless it shall appear that the seizure was authorized by this act: and the circuit and district courts shall have jurisdiction, and are hereby vested with full power and authority, to try and determine all cases which may arise under this act, and all issues in fact arising under it, shall be decided by a jury in the manner now provided by law.

SEC. 5. And be it further enacted, That whenever the officer making any seizure under this act

An act supplementary to an act entitled "An act in addition to the act for the punishment of cer-shall have applied for and obtained a warrant for

51

the detention of the property, or the claimant shall ducements to, or the reward of, influence employed | which I had entered into with the chiefs Tuskeehave filed a petition for its restoration, and failed to obtain it, and the property so seized shall have such a practice in the administration of the patron- they are to come in with their families and people, or to be employed in said election; and whereas been in the custody of the officer for the term of age of the government will speedily destroy the pugee and Hallek Hago. The arrangement is, that three calendar months from the date of such rity and freedom of the elective franchise, and un seizure, it shall and may be lawful for the claimant dermine the free system of government now hapor owner to file with the officer a bond to the pily established in these United States: therefore, amount of double the value of the property so seiz- to prevent the recurrence of any practices which ed and detained, with at least two sureties, to be may give rise to similar complaints in future, approved by the judge of the circuit or district

Be il enacted, &c. That, from and after the first

and are to await the decision of the president I promised to recommend that they be permitted to remain, and that a portion of this territory be aswhether they shall remain in the country or not. signed to them as their residence.

redeeming my pledge to the Indians, it may be proBefore presenting my views on that subject, and

court, with a condition that the property when re- day of July next, no officer, agent, or contractor, or per for me to state my own position in regard to stored, shall not be used or employed by the owner other person holding any office or employment of the question of emigration, so that in what I shall or owners thereof, or by any other person or per- trust or profit under the constitution and laws of say in relation to the Seminoles, my views in resons with his or their privity, in carrying on any the United States, shall, by the contribution of mo

gard to the general principle may not be mistaken. military expedition or operations within the terri-ney or other valuable thing, tory or dominions of any foreign prince or state, franking privilege, or the abuse of any other official or any colony, district, or people, conterminous privilege or function, or by threats and menaces, or or by the use of the Believing, as I do, that the Indians cannot, under with the United States, with whom the United in any other manner, intermeddle with the election the consent of the state, I believe that it is due to our constitution, have a separate political existence States are at peace; and thereupon the said officer of any member or members of either house of conwithin an independent state of this union, without shall restore such property to the owner or claimant gress, or of the president or vice president of the bodies, to remove them whenever they are pressed thus giving bond: Provided, That such restoration upon by the white population, and their lands bethe states in which they are congregated in large shall not prevent seizure from being again made, in case there may exist fresh cause to apprehend a new violation of any of the provisions of this

act.

United States, or of the governor or other officer of any state, or of any member or members of the le- come necessary to the agricultural wants of the gislature of any state; and every such officer or community. And I hold that congress, and not the other person offending therein shall be held to be Indians, are to determine the proper time for their SEC. 6. And be it further enacted, That every tion in any court of the United States having juris. dians protection; guilty of a high misdemeanor; and, upon convic-removal. We, in our federal capacity, owe the Inperson apprehended and committed for trial, for diction thereof, shall pay a fine not exceeding one own citizens by the equal operation of our laws, for any offence against the act hereby amended, shall, thousand dollars; and any officer other than the that, in their condition, would be merely nominal not that protection secured to our when admitted to bail for his appearance, give president, vice president, and judges of the courts protection; but we owe them, in their individual such additional security as the judge admitting him of the United States, so convicted, shall be there- and collective capacity, that protection which the to bail may require, not to violate, nor to aid in upon removed from office, and shall be ever after parent owes to the child, or the guardian to the violating, any of the provisions of the act hereby incapable of holding any office or place of trust un- ward; and to secure them that protection, we must SEC. 7. And be it further enacted, That whenever that nothing herein contained shall be so construed With the fullest conviction, therefore, not only of der the authority of the United States: provided, place them beyond the operation of state laws. the president of the United States shall have reason as to interfere with the right of suffrage, as secured the policy, but of the justice and humanity of the to believe that the provisions of this act have been, by the constitution: and provided, further, that no- measure, I am in favor of their entire emigration; or are likely to be violated, that offences have been, thing herein contained shall so operate as to preor are likely to be, committed against the provisions vent the president, or the head of any department sive administrations. But I believe we should not of the act hereby amended, within any judicial dis- who is vested by law with the power of appointing apply the principle until the white population are and I have supported that policy under four succestrict, it shall be lawful for him, in his discretion, to inferior officers, from removing from office, at any direct the judge, marshal, and district attorney, of time, any incumbent who the president or the head such district, to attend at such place within the dis- of a department, as the case may be, shall be satistrict, and for such a time, as he may designate, for fied has intermeddled in any election, state or fedthe purpose of the more speedy and convenient ar-eral.

amended.

rest and examination of persons charged with the violation of the act hereby amended; and it shall be the duty of every such judge, or other officer, when any such requisition shall be received by him, to attend at the place and for the time therein desig

nated.

or

SEC. 8. And be it further enacted. That it shall be lawful for the president of the United States, such person as he may empower for that purpose, to employ such part of the land or naval forces the United States, or of the militia, as shall be ne. cessary to prevent the violation, and to enforce the due execution, of this act, and the act hereby

amended.

of

SEC. 9. And be it further enacted, That this act, shall continue in force for the period of two years, and no longer.

JAMES K. POLK,
Speaker of the house of representatives.
RH. M. JOHNSON,

Vice president of the United States, and
President of the senate.

APPROVED, March 10th, 1838.

M. VAN BUREN.

THE FREEDOM OF ELECTIONS.

The following is a copy of the bill introduced in the house of representatives, on the 5th of this month, by Mr. Bell, of Tennessee, and now depending in that body:

state of things at which I consider their removal imperative, actually existed when the tribes inhabin contact with, or intermingled among them. The iting Ohio, Indiana, Illinois, Missouri, Mississippi, rokees in Tennessee, North Alabama, and Georgia; state of things actually exists in relation to the Cheand South Alabama, were sent to the west: that and, regardless of the opposition made to the measure, they should be at once removed.

In regard to the Seminoles, we have committed

after the first day of July next, no officer who, by
Sec. 2. And be it further enacted, That, from and
the constitution and laws of the United States, is
authorized to appoint, or nominate and appoint, any
officer or agent of the government, shall, by him-
half, give or procure to be given, or promise to give lands were not required for agricultural purposes;
self, or by any other person or persons in his be- the error of attempting to remove them when their
or procure to be given, any office, place, or employ- when they were not in the way of the white inhab-
ment to any person or persons whatsoever, with in- itants; and when the greater portion of their coun-
tent to corrupt or bribe him or them, or upon agree- try was an unexplored wilderness, of the interior of
whose use, or on whose behalf such gift or pro-
ment that such person or persons to whom, or for which
mise shall be made, shall exert his or their influ- first instance, perhaps, since the commencement of
we were as ignorant as of the interior of
China. We exhibit, in our present contest, the
or by any other person or persons, at his or their so explore a country, (for we can do little more than
ence in any election, or by himself or themselves, authentic history, of a nation employing an army to
licitation, endeavor to secure the election of any explore it,) or attempting to remove a band of sav-
person or persons to represent any state, or any dis- ages from one unexplored wilderness to another.
trict in any state, in congress, or of any person to
be president or vice president of the United States, comment upon the policy of the government, but to
As a soldier, it is my duty, I am aware, not to
or of any person to be governor or other officer of any carry it out in accordance with my instructions. I
state, or of any person or persons to be a member or
members of the legislature of any state; and every pect of terminating the war in any reasonable time
have endeavored faithfully to do so; but the pros-
such officer offending therein shall be held guilty of a is any thing but flattering. My decided opinion is,
high misdemeanor, and, upon conviction in any
that unless immediate emigration be abandoned, the

court of the United States having jurisdiction there- war will continue for years to come, and at con-
lars; and any officer, other than the president or worthy the serious consideration of an enlightened
of, shall pay a fine not exceeding five thousand dol- stantly accumulating expense. Is it not then well
the judges of the courts of the United Strtes, so government, whether, even if the wilderness we are
convicted, shall be thereupon removed from office, traversing could be inhabited by the white man,
and shall be incapable ever after of holding any of- (which is not the fact,) the object we are contend-
ted States; and every person who shall receive or
fice or place of trust under the authority of the Uni- ing for would be worth the cost? I certainly do
accept, by himself, or by any other person or per- country south of Chickasa Hatchee worth the med
not think it would; indeed, I do not consider the
icines we shall expend in driving the Indians from
If I were permitted, and it is with great diffidence

A bill to secure the freedom of elections. Whereas complaints are made that officers of the United States, or persons holding offices or employments under the authority of the same, other than sons, in trust, for or in behalf of such person, any the heads of the chief executive departments, or office, place, or employment, with the intent afore- it. such officers as stand in the relation of constitution- said, shall be held to be guilty of a misdemeanor, al advisers of the president, have been removed and, upon conviction in any court of the United I venture to make the suggestion, I would allow from office, or dismissed from their employment, States having jurisdiction thereof, shall pay a fine them to remain, and would assign them the counupon political grounds, or for opinion's sake; and not exceeding one thousand dollars, be removed or try west of the Kissimmee, Okee Chobee, and Pa whereas such a practice is manifestly a violation of dismissed from such office, place, or employment, nai Okee, and east of Pease creek, south, to the exthe freedom of elections, an attack upon the public and shall be incapable ever after of holding any of treme of Florida. That would satisfy them; and liberty, and a high misdemeanor: and

fice or place of trust under the authority of the they might hold it on the express condition that

Sec. 3. And be it further enacted, That the seve

Whereas complaints are also made that officers of United States.
the United States, or persons holding offices or em-
ployments under the authority of the same, are in ral fines imposed by this act shall, when collected,
the habit of intermeddling in elections, both state be paid into the treasury, as other moneys belong-
and federal, otherwise than by giving their votes: ing to the United States.

and whereas such a practice is a violation of the

freedom of elections, and a gross abuse, which ought to be discountenanced by the appointing power, and prohibited by law: and

Whereas complaints are also made that, pending the late election of president and vice president of the United States, offices and employments were distributed and conferred, in many instances, under

FLORIDA WAR.

The following, among other, papers relating to
of representatives on Monday the 12th inst.
the war in Florida, were transmitted to the house
Head Quarters, Army of the South,
Fort Jupiter, Feb. 11, 1838.

Sir: I reported to the adjutant general on the 9th

circumstances affording a strong presumption of inst. the operations of this division of the army corruption, or that they were conferred as the in-south of this post to that date, and the arrangement

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By placing an agency and authorizing trading-
concentrated; and stationing a competent military
houses on Charlottee's harbor, they could be soon
force there and at Tampa Bay, they might be rea-
dily controlled, and, if necessary, removed from the
country, should they become troublesome, or fail to
president, as
the measure to your consideration and that of the
fulfil their engagements. I respectfully recommend
diately, a most disastrous war, and leaving the
the only means of terminating, imme-

1

a

a de

troops disposable for other service. I desire cision as soon as your convenience will permit, as, by the middle of April, at farthest, the troops must be withdrawn from all the posts in the interior, to preserve their lives.

deep interest, and I have given to it the most dili-
gent and respectful consideration.

In the present stage of our relations with the Indians residing within the states and territories east of the Mississippi, including the Seminoles, it is Should it be determined to remove the Indians by useless to recur to the principles and motives which force, and to continue the war until they submit un-induced the government to determine their removal conditionally, I desire that the communication be to the west. The acts of the executive and the confidential, and that the matter be considered confi. laws of congress evince a determination to carry dential at Washington, in order that I may have infor- out the measure, and it is to be regarded as the set

mation of it before it can be communicated by letterwriters to others; for there can be but little doubt of their flying to the swamps again and renewing the war, should the decision be to remove them.

If it be determined that the Indians now in Florida remain, it would be better that those who are at New Orleans and Charleston, with the exception of one or two of the chiefs, be sent to the west; their force would thus be divided and weakened, and many of the relations of those sent west might soon be induced to follow.

This communication will be delivered to you by my aid-de-camp, lieutenant Linnard, a highly valuable officer, whom I earnestly recommend to your favorable consideration and attention.

I have the honor to be, most respectfully, your obedient servant,

TH. S. JESUP,

Whether

by pursuing and destroying the vessel of their pi-
ratical enemy, wheresoever they might find her.
I avail myself of this occasion, &c. &c.
H. S. FOX.

The Hon. JOHN FORSYTH.

Department of State, Washington, Feb. 13, 1838.

Sir: I have the honor to acknowledge the receipt of your note of the 6th instant, communicating a copy of a letter from Sir Francis Head, lieutenant governor of the provice of Upper Canada, respecting the capture and destruction of the steamboat "Caroline" by a Canadian force on the American side of the Niagara river within the jurisdiction of the state of New York, together with the reports and depositions thereto annexed.

tled policy of the country. In pursuance of this
policy, the treaty of Paynes' Landing was made
with the Seminoles, and the character of the officer
employed on the part of the government is a guar-
anty of the perfectly fair manner in which that ne-
gotiation was conducted and concluded.
the government ought not to have waited until the
Seminoles were pressed upon by the white popula-
tion, and their lands become necessary to the agri-
cultural wants of the community, is not a question
for the executive now to consider. The treaty has
been ratified, and is the law of the land, and the
constitutional duty of the president requires that he
should cause it to be executed. I cannot, there-
fore, authorize any arrangement with the Semi-
noles by which they will be permitted to remain, a formal complaint to the British government for
or assign them any portion

of the territory of Flori

The statement of the facts which these papers present is at variance with the information communicated to this government respecting that transaction: but it is not intended to enter at present upon an examination of the details of the case, as steps have been taken to obtain the fullest evidence that can be had of the particulars of the outrage; upon the receipt of which it will be made the subject of redress. Even admitting that the documents transmitted with your note contain a correct statement The department indulged the hope that, with the of the occurrence, they furnish no justification of extensive means placed at your disposal, the war, the aggression committed upon the territory of the by a vigorous effort, might be brought to a close United States an aggression which was the more this campaign. If, however, you are of opinion unexpected, as Sir Francis Head, in his speech at that, from the nature of the country, and the cha- the opening of the parliament of Upper Canada, had racter of the enemy, such a result is impracticable, expressed his confidence in the disposition of this and that it is advisable to make a temporary arrange- government to restrain its citizens from taking part ment with the Seminoles, by which the safety of in the conflict which was raging in that province; the settlements and the posts will be secured and added, that having communicated with the government of the state of New York, and with your

da as their future residence. Major General commanding. The Hon. J. R. POINSETT, Secretary of War, Washington city.

Wascissa, Feb. 12, 1838.

Dear Sir: The enclosed was sealed yesterday for the mail; last night, however, we had a repetition of the scenes previously detailed to you; confidence had begun to be restored, and but a few days

since we had induced our frontier settlers to return

to their habitations. They have been, however, again alarmed from them, and, as the assailed point is but a mile or a mile and a half from my house, it was again all night a garrison for the refugees. In deed, sir, you cannot estimate correctly all my feel. ings on such occasions. Almost alone, with a few scattered hamlets around, (col. Murat and myself,) we witness ourselves insulted; our neighbors driven from their settlements; their homes in some in

stances burnt and families murdered; with no other ability, as private citizens, than to stand to our arins and houses, and protect those who seek our protection. We can do no more; we do our duty in performing so much; in maintaining our positions, which, in the present state of the contest, But we are mortified have become military ones.

that we can do no more, or that such has been and continues to be the disposition for the defence of this frontier, that we can only stand by our arms, and say our house and scalps are once more safe; but without the power to pursue the enemy, or to search for him. Without this can be done by the presence of a regularly organized force, and for the war, I apprehend, seriously apprehend, Jefferson county will present the scenes which have been played with so much suffering in Alachua. It was as much as we could do, at the late attack, to induce the people of this immediate vicinity to remain at their homes. What will be the result of this I cannot say; I fear, however, they will quit and leave the plantations to stand the brunt. tunately for us, some marines passed by here yesterday; we have despatched a courier to bring them back, and shall station them for a time at the house assailed last night. But, sir, we cannot close this war without more harmony and concert of action, and the presence, on the whole frontier assailed, of an organized force, mounted in part, and ready to act promptly. They must, in fact, be always in the stirrup, beating the bush, and searching for these vagabond Indians. The war has assumed a most serious character, but has been, and continues to

For

be, mistaken by all who have the management of
it. Another year's blundering, and uniddle Florida
becomes what eastern Florida is. We will stand
our ground; but this will not end the contest by
catching and making examples of the disturbers of
our peace.
Yours,

J. GADSDEN.

In the "Globe" of 12th the instant we find the following reply of the secretary of war to the above letter of general Jesup:

Copy of a letter from the secretary of war to major general Jessup, dated

Department of War, March 1, 1838.

throughout the summer, you are at liberty to do so

In that event, you will establish posts at Tampa, self, he was then waiting for replies. It is not neand on the eastern shore, and wherever else they cessary to remind you that his expectations have are, in your opinion, necessary to preserve the been met by the adoption of measures on the part peace of the country; and I would suggest the pro- of the United States, as prompt and virgorous as priety of leaving colonel Zadock Taylor, of the they have been successful in repressing every atfirst infantry, in command of them. In removing tempt of the inhabitants of the frontier states to innorth with your forces, you may make similar ar- terfere unlawfully in that contest. The most seri

rangements with the other bands. I deem it, how- ous obstacle thrown in the way of those measures ever, of great importance that every exertion should was the burning of the Caroline, which, while it be made to chastise the marauding Indians who was of no service to her Britannic majesty's cause have committed depredations upon the inhabitants in Canada, had the natural effect of increasing the of the people of middle Florida. I beg you will excitement on the border, which this government

address yourself to James Gadsden for information was endeavoring to allay.

on this subject, and you may, if you think proper,
yield to his suggestion of leaving a battalion for
the protection of the people of that neighborhood.
It is hoped, however, that you will be able to put
it out of the power of these Indians to do any fur-
ther mischief. They ought to be captured or de-
stroyed. As soon

as,

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in your opinion, it can be done with safety, you will reduce your force of mounted men from Georgia, Alabama, and Ten

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Washington, Feb. 16, 1838.

Sir: I have the honor to acknowledge the receipt of your letter of the 13th instant, relating to the question of the capture and destruction of the piratical steamboat Caroline.

Although I cannot acquiesce in the view which the United States government are disposed to take of the facts connected with that transaction, yet, as this legation is not the final authority competent to decide the question on the part of Great Britain, and as you inform me that a representation will, in due time, be addressed to her majesty's governinent in England, I consider it most consistent with my duty to avoid entering at present into any controsec-versy upon the subject. It will remain for her maat home, when the whole evi

Com'g army of the south, Fort Jupiter, Florida.

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the copy of a letter which I have received upon I was second to Mr. Graves, in his late duel with

that subject from Sir Francis Head, lieutenant go-
vernor of the province of Upper Canada, with di-
vers reports and depositions annexed.

The piratical character of the steamboat "Caro

Mr. Cilley. Its catastrophe has brought upon me
much odium and reproach. Your representative
is accountable to you for his personal as well as
his political conduct; for by it he is worthy of you,

line," and the necessity of self-defence and self- or you are dishonored. I owe you an explanation,
preservation under which her majesty's subjects then, and I make it most cheerfully, because I
acted in destroying that vessel, would seen to be
sufficiently established.

At the time when the event happened, the ordinary laws of the United States were not enforced within the frontier district of the state of New York. The authority of the law was overborne publicly by piratical violence; through such violence her majesty's subjects in Upper Canada had already severely suffered, and they were threatened with still farther injury and outrage. This extraordinary state of things appears, naturally and necessarily, to

SIR: I have the honor to acknowledge the recipt of your communication of the 11th of February, which was delievered to me by your aid-de-camp, lieutenant Linnard. The subject of it is one of have impelled them to consult their own security

know that you would gladly receive my vindication.

Judge me, then; you have the right. For what? Murder? No. All the false witnesses who pander for passion or prejudice could not convince you that I am a murderer. For dishonor? Worse than murder! The certificate of Mr. Cilley's second will assure you that he took not the least exception to my course. For participating in a duel, thenmy own or that of another at all? For that you should judge me. That is my offence. I admit it; and all I can dare ask is, that you will judge me consent to be involved in personal difficulties with When I went into the sitting room at Mr. Birth's conductors of public journals for what he had I met a gentleman whom I took to be Mr. Williams, thought proper to say in debate upon the floor; and the senator from Maine. We conversed a few minthat he did not decline upon any personal objections utes, and in a short time Mr. Pierce, the senator to col. Webb as a gentleman." Mr. Graves asked from New Hampshire, came in, followed by Mr. whether I thought that answer satisfactory? I re- Cilley. Directly after saluting these gentlemen, plied that it certainly was satisfactory; that the Mr. Williams first, and Mr. Pierce soon after him, reasons for declining to receive the note were very retired into an adjoining room, leaving Mr. Cilley proper; that no more could be asked; and that all and inyself alone. I intormed him that I bore him he had to do was, to return the note to col. Webb, a note from Mr. Graves. He said, "I will receive with this answer of Mr. Cilley. He said Mr Cilley's answer was verbal, merely; that to prevent any error in stating it to col. Webb, and to avoid all controversy with Mr. Cilley, in regard to its sub- parted. I went immediately to the house, and in stance or terms, he would get him to put it in wri

fairly, according to that public sentiment which prevails among yourselves.

Why act as second for another, where there was no obligation to act? There was an obligation. I never acted as second for a friend but with two motives: first, to be in a position to reconcile his difference, if 1 could; second, to guard his honor and his life, if I could not. I felt bound to do this for a friend in this instance. I especiaily have been so situated as to compel me to admit this obligation; for, as I have often told you, my protection, in the discharge of my duties to you here, has depended upon my own trusty weapon, and a trusty friend, upon whom I have been daily liable to call to discharge the same obligation to me. Mr. Graves is one upon whom I would have called; and I felt obliged to do for him, what I would have called on him to do for me.

But, though competent to guard his honor and his life, was I competent to reconcile his difference? It is said that I myself was hostile to his antagonist. If so, I may have been incompetent. But I solemnly deny that I was hostile to Mr. Cilley. God knows whether I did not feel far more sympathy for him than many who pretend to deplore his fate. There had been a slight misunderstanding between

it, sir." I handed him the challenge; he read it, and said, "Mr. Pierce, or some other friend, sir, will hand Mr. Graves my answer." I bowed and we

the evening, after its adjournment, Mr. Jones came

ting. And he left me, as I thought, for the purpose to my room, and handed Mr. Cilley's acceptance to of obtaining from Mr. Cilley a written answer. I returned to my seat, and neither saw nor heard any of the interviews between Mr. Cilley and Mr. Graves, nor do I know when or where they occurred, or what transpired at them, except what I have been since told by Mr. Graves.

On the morning of the 22d, Mr. Graves informed me that he had called on Mr. Cilley, and requested him to put his answer in writing; that Mr. Cilley had requested him first to address him, (Mr. Cilley)

us in debate, which passed off with the moment, a note, inquiring of him what he had said; that he

and left not the trace of animosity behind. True, there was never, before or after that occasion, any intimacy between us, because we were never acquainted; but I was purely and proudly conscious of no malice towards that inan, or I never could have consented to bear him a challenge. But, hostile to

had written to him a note, (the first in their corres pondence,) and handed it to him in person; and that for answer, he had received the first note of Mr. Cilley, which he then exhibited to me. Mr. Graves was highly incensed at the tenor of this note, and I confess that it greatly surprised me,

him or not, and though hostility might have prompt- after what Mr. Graves told me he had said verbally ed to incite another to seek his life-dark, and deep, in their interviews. Mr. Graves regarded the and deadly hate must that have been! yet, my con-note

duct proves that I did earnestly endeavor to prevent First, as denying what he had alleged to his the shedding of his blood, by reconciling his differ- friends Mr. Cilley had said to him in conversaence with my friend; and the history of the tragedy tion. proves, that not only I, but two other gentlemen, of

known character and standing, who were never accused of hostility to him, and who might have overruled me by their voices and influence, could not reconcile that difference, or prevent its result. That history I now submit to you as I shall detail it, under the solemn sanction of an oath, to a committeee of congress now investigating the causes which led to Mr. Cilley's death. The report of that committee I will send you as soon as it is made and printed. This statement supplies what the joint statement of Mr. Jones and myself omits, and that which it could not contain, because he could not vouch for what I alone, or others than himself, knew. And I send this in advance of the report of the committee, to arrest, in the midst of extraordi

Secondly, as contemptuous and insulting to col. Webb, whose note he had borne.

Thirdly, as placing Mr. Graves himself in the humiliating attitude of supplication to him, (Mr. Cilley) to relieve him, (Mr. Graves) from "an unpleasant situation."

Fourthly, as saying, in effect, "I do not recognise col. Webb to be a gentleman, sir, but I respect you as one;" thereby inviting Mr. Graves to substitute himself for colonel Webb.

Such was the construction which Mr. Graves put upon that letter, and I could not see, and can not now, what other construction he could have put upon it, taken in connection with the conversa tions which he averred had passed previously be tween them; it seemed wholly irreconcileable with,

nary excitement, that torrent of defamation which and contradictory to, what had passed between is now pouring from the vials of the wrath of those them verbally. But, upon due consideration, he who would delight to destroy my reputation and determined to offer Mr. Cilley again an opportuniusefulness as a public servant. I send it to suspènd ty to explain. He prepared his second letter, and your judgment until I can be fully heard; to prevent sent it to Mr. Cilley by the honorable Mr. Meneyou from blushing for me, until I am put to shame fee, as he has since informed me; I know nothing by the truth; and to stay your condemnation until I am fairly convicted by credible evidence.

HENRY A. WISE.

STATEMENT.

The hon. Jonathan Cilley, late a member of the house of representatives, fell in a duel with the hon. Wm. J. Graves, fairly fought between the hours of 3 p. m. and 4 p. m., Saturday, the 24th day of February, 1838, the challenge of which he freely accepted, and the terms of which, as to time, place, weapons, and distance, he himself, or his friends for him, prescribed.

As to the causes which led to this duel I am not the most competent witness. I presume that the hon. Wm. J. Graves himself can inform the committee better than any one else, from the nature of the case, of the facts and influences which operated on him to call Mr. Cilley to the field.

I was wholly ignorant of the fact that Mr. Graves bore, or was about to bear, a note from col. Webb to Mr. Cilley. I never saw that note until the 26th of February, two days after the duel. On the 21st of February, Mr. Graves informed me that he had

of what passed between Mr. Cilley and Mr. Me

nefee.

During the sitting of the house on the 22d, between the hours of 3 p. m. and 4 p. m., I think, Mr. Graves came to me with Mr. Cilley's reply, in which he denied the right of Mr. Graves to propound the question in his second note, and requested me to bear to Mr. Cilley a challenge which he had already written, and which he placed in my hands. I expressed my reluctance to be the bearer, told him I would confer with him again upon the subject, and returned to my seat to at tend to the discussion of the bill in relation to the disturbances on the Canadian frontier; I addressed the house that evening, soon after which the house adjourned.

Mr. Graves walked with me from the capitol to my boarding house. I then repeated my objections to be the bearer of his challenge, and insisted that I would not bear it that evening; that I wanted time for reflection; that I could not do that service, under any circumstances, except for an intimate friend, who would make a like sacrifice, and incur a like responsibility for me; that I regarded him as

borne a note to Mr. Cilley from col. Webb, calling such a friend, who had in fact shown every disposifor explanation. I rebuked him for having done tion to stand by me upon trying occasions; but I so, upon the ground that his own previous relations hoped that something might yet be done to avoid with col. Webb did not justify the latter in impos- the alternative he had chosen; and that I must be ing upon him such an office and its responsibilities. permitted to delay the delivery of it until the next He replied, that Mr. Cilley had taken time to give him an answer; and we separated after a very short interview.

Afterwards, Mr. Graves called me out from my seat in the house, and informed me that he had seen Mr. Cilley again, and then, for the first time, detailed to me what Mr. Cilley had said in sub

Mr. Graves, as described in our joint statement. Mr. Graves, expecting to have a fight with pistols, had come to my room to examine a pair I had, and see whether they would suit him. He had not been practised in the use of any weapon, he told me, and desired me to have my pistols put in order to go out with him the next morning, and instruct him how to use them.

Soon after, Mr. Jones furnished me with the terms of the meeting. I left my room with Mr. Menefee, who had come in just as Mr. Jones and I were parting, about 6 p. m. I think, to show the terms to soine of Mr. Graves's friends, and to submit to them whether they should be accepted. They were condemned as barbarous, and such as might properly be declined; but it was thought that they were intended to intimidate; that the distance was so great as, in some measure, to mitigate the severity of the weapon, and, therefore, I was advised that they should be accepted. Indeed, it was thought that the acceptance of such terms might avoid the duel altogether, inasmuch as the plain object of such propositions was either to make the duel fatal, or to deter Mr. Graves from accepting them; and if the latter was the object, the party proposing was most likely to fly from the terms himself.

In

I consented to accept the terms reluctantly, and before I did accept them, I endeavored to ascertain whether they could be complied with, by procuring a weapon within the appointed time. I rode to four different places to inquire whether a fit weapon could be got, and after a vain search for several hours, I went to Mr. Jones's room, and handed him my first note, about 9 o'clock, p. m. that note I was particular to name that there should be but one ball to lessen the chances of a fatal shot, by confining the parties to the "downward horizontal position," until the word "fire," thus shortening the time in which they could take aim; and not knowing where to get a rifle or whether one could be got, the main object of the note was to gain time. I wished to gain time, not only to procure a fit rifle, but to afford an opportunity, if possible, to prevent the meeting. Indeed, I remarked to Mr. Jones verbally, that I knew of no person to whom I could apply with certainty of getting a tried weapon in the city of Washington, and I expected to be obliged to send to Philadelphia for one. He seemed to intimate that the time could not be postponed for that purpose: said that there must be fit weapons here, and asked if I could not procure one from the arsenal? I replied, that I should not risk an untried rifle, and told him that I would be obliged if he could inform me where a fit rifle could be got. I fixed upon the hour of 11 a. m. the next day, as the latest period when I would inform Mr. Jones whether Mr. Graves could be ready. I informed Mr. Graves of what I had done, and retired to rest.

About 2 o'clock at night, Mr. Menefee came to my room, awoke me out of sleep, and informed me that Mr. Graves's friends had procured for him a rifle, but, he said, it was in exceedingly bad order. The owner of it has since told me that it had not been used for more than eighteen months, and it was very rusty. I directed Mr. Menesee to have it cleaned as early as possible, and that it must be tried in the morning before Mr. Graves' life was hazarded on it.

Early the next morning, I went to the room of the hon. Mr. Hawes, where, according to appointment with Mr. Menefee the night previous, I expected to meet Mr. Graves. Not finding Mr. Graves there, I returned to Miss Queen's, my own boarding house, to breakfast, and found on my table, about

day, if I delivered it at all. I prevailed on him to wait until the next morning, when he called upon me again; said that nothing had occurred to change 8 o'clock a. m. the note of Mr. Jones, informing his determination; took the challenge and changed its phraseology; (I have not a copy of the first he put into my hands, nor do I recollect its terms;) and insisted that I should deliver it before the house

stance, verbally, during their interviews: That, met, on the 22d of February. I was prevailed on "in declining to receive the note, he hoped it would to do so; and accordingly, a few minutes before 12 not be thought disrespectful to him, (Mr. Graves;) n. on Friday the 22d, I called at Mr. Cilley's boardthat he declined on the ground that he could not ling house, and handed him the paper.

me that he would be at Dr. Reilly's until 11 o'clock, a. m. on the 24th.

At ten o'clock, a. m. I went to Dr. Reilly's, and wrote Mr. Jones a note that Mr. Graves could not be ready by 12 m., and that I would inform him by 12 1-2 m. when he could be ready. I was still anxious to delay the meeting, and desirous to throw obstacles in the way of it for that day. At about

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