Newspaper Page Text
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Th«lSlr. ll.')l, llie odlMlW.W <••
1,1 L Treason UrrAftm^al and |>t« cirilsc-
rtlLMlw from "10 rr«».ury
iV« M..1Jcll'cl-r. .iw*U» fir« d««f J-mi-
n II)'. up to till |wi*"«t ilo) t ood tin oniwora
3'_id colteour. if »iy. “ •> 1,1 u " lcr ‘ inotltie-
Son., not tlroody fu.ni.lu-J to I lilt ommlim. 1
ThU resolution afforded atmlhor instancn of lbs
coo*truetlon given by the majority of the commit-
(«o to th# authority contained in the resolution uf
Um House, and opened a wide field of Inquiry, ns*
w anticipated hy Um Houre or ilia country. One
of the und- rsljnod, therefore, moved the following
amendment:
" Provided, that eatd letter*, order*, and Initruc-
tioo* have reference to th« hue defalcation* am-
braced in the Inquiry of rids committee."
The amendment was rejected, and the leiolution
adopted. Satisfied it never wa* the intention of
the House, by it* re*olution. to autbori** the com
mittee to *o Into the investisatiniiof llte actings
Md doing, of ell and every collector and di*bur*er
of the public money, charged or not charged with
defalcation*: and believing that, il *uch we* the
iotenUouof the llou«e, it bail no constitutional
P jwor to invest the committee with such authority.
orUtough the liotue, in the exercise of it* high
parliamentary power, hud frequently talwd'com
mittees to examine into elludged fraud*, it ha«
never undertaken, by ita sole authority, to appoint
a committee, as a fubltif committee to travel thro'
the country and collect material* for the accusation
of the officer* of the Government, So far from
report whether Mr. Heyt fieri* oetaew ■ def* al
ter, until, hy anamination of the ponses m Jaspers/
for which it ha* tent and will tend, it ekall discover
1 who are the dvfauker*, the amount of defalcations,
the length of time they baft existed, and the caw-
e* widen led to them.'—And when the eomariliee
•hall have found the facu embraced hr these In*
quirk*, or closed It* Isvwstiflstlwft, It will make to*
pott thereof to the House «* Representatives."
By this resolution, the Home will perceive the
opinion entertained bv the majority of iha commit*
tee. oa totha extent of their power, and the mode
and manner of carrying it Into eaacotlon.
The doctrine here avowed I*, that an officer of
flovornment, stolon whom no charge I* made of
defalcation, ana no suspicion expressed, is ealled
upon to exhibit Um papors of bia office: not in com*
pliance with tbo rrquisitiona of oaUting laws, but
iha ip«o dixit of a committee: probating to act un
der ilia order of the House of Representatives
alone, end who say to him " they cannot tay whetfo
•r he i* or U not now a defaulter, until, liy examin
ation of the ‘persons and papers,' fur which it has
•am and will tead, it shall discover who are Um de
faulters."
If the political doctrine centaincd in tha resolu
tion is the doctrine of the House of Represantali vat,
it is important it should be known to the people. If
it be wrong, they will put their merk oPdiseppro-
beUnnonit. If it is right, they will give it the
sanction of their opinion. Duiontii they do give
their sanction, the undersigned will contider the
doctrine at variance with eveiy principle of liberty
and Individual right
Mr. Hoyt complied with tha resolution, and fur-
nishad tha papers; but demeuded of the commit
tee, as an of justice and matter of right, that they
would go into a thorough investigation of bis official
this, the undtitigned have always believed, in tbie. ' p ^jj t « (|,|* reasonable request.
e —— i-.-.i ■*— •«»** , **»* nf v D ur i n j ||,« invesiication a practice we* pursued
free country, regulated by law, the acceptance o
an office, by an individual, doe* nut deprive him ul
lire rights of a chiton; and before he can bs called
upon by the uotion ol the lloura of Represente-
lives efone W defend himself, he must be charged
with some offence. That howsvor espedieut and
proper it maybe to supervise iha conduct of pub
lic officer* charged or not charged with official mis
conduct, »o fare* the latter nr* concerned it esnnot
bednuu by tbo legislative act putted in the forms
provided by the constitution.
Freedom comitts in being governed by known
laws, and not by the discretion or caprice of either
branch of Congress. The officer ufiho Government
against whom no charge is mode, however innocent,
roust bo blind, indeed, if he doe* not *oe—Iri* sensi
bility must bo blunted, if lie does not feel—that the
Iqjury alone casts a shudu of suspicion on his char
acter! that, in public opinion, he it more than half
eondemnedby the uct of tbo House. Such proceed
ings, if tolerated, are calculated to degrade the offi
cer in bit own esteem, and in that nf the public,
and tba inevitable consequence is to drive from the
service of tbo State every honorable man.
To allow eilhur llousu of Congress, by its setioo
alone, to direct its scrutiny into the conduct of this
or that particular officer without charge, allegation,
or suggestion of misconduct, would bo to usurp an
authority not recognised by tbo constitution, und
liable, in high party times, to grout abusu. It would
be an arbitrary exerciso of power of no ordinary
character. Similar to the tie trio of tho Human
lady, it would be tho concentrated essence of despo
tism. For the purpose of lasting this greut princi
ple, and ascertaining tho sense of the committee
on it, uno of tho undersigned submitted the follow
ing resolution t
" Whereas, doubts appear to exist as to the pow
er uonfoirod uii tho commitleo by the resolution uf
tho House of Uoprosemnlivcs; und, as it is impor
tant that a strict expression of opinion should be
given on tho subjoct, for the information of the
House, under whoso authority wa act, end tha poo-
pie of the United States:
" Uo il resolvod, That il is the deliberate opinion
of this committee that tho authority conferred on
them, by tint resolution aforesaid, is limilud In Us
oharacter; iliut it is confined to the investigation of
tha late defalcations, and to tho actings and doings
of the officers of the Government Uiereln contained,
against whom any charge is made, or suspicion of
Misconduct rest*: bat that they are nut authorised,
by virtue uf the said resolution, to call upon all or
aay of the' officors ufutosuid, to exhibit their books,
e re, accounts, and correspondence, unless some
lation is laid for the inquiry, by a distinct
. charge. general rumor, or tbo suggestion ofsotire-
roambtr of the committee, upon his responsibility/
that there U cause to bellftve tin-re is misconduct in
tho rtanagettient of the office; that an/ other prac
tice would bo dangerous to the rights - f individuals,
arbitrary in Us churacter, and in direct conflict will!
the geniut and principles of our Republican Go-
vammeat. Tho committee, so far finm considering
luch a power was uvur tntanded tu bo conferred on
them, are uf opinion that tho exercise of such an
unlimited authority, by tint House of Representa
tives alone, would be a violation oltlie constitution,
and tha common principles of justice."
Which was rejected.
At a subsequent meeting of tlm committee, when
tho reading of tln-journal was in progress, tho mover
of the resolution proposed to amend it, liy striking
out tho lost son tenet-, und substituting tho follow
ing:
** The committee, so far from considering any nth-
or power wus intended to ho conferred, are of opin
ion, the delegation, by the llousu of Representa
tives, ulone, of an unlimited authority, to cull on all
officors without restriction, would he u violation of
ihu constitution, and lire principles of common
justice."
It is evident the object of tha mover was not to
change Uienatureuf the proposition, but to express,
in more distinct language, the idea Intended to be
convoyed. This reasonable request wet inexorably
refuted, and tho preposition itself not allowed tuba
inset ted on tho journal.
It itsubmltlud, without further commentary, to
(he calm judgim-niuf tho llouts, and theintulllgence
.i.-........i_ ti._ in......-ii. ° .
I
sometimes a greater
number of witnesses at on* and the same time,em
barrassing to the committee, and calculated to pro
duce great confusion. Also • practice of allowing
interrogatories to ha given to witness#*, with tho
privilege ol enswrring litem at their leisure, ami
out of the committee room. Tha injurious effect of
lit* latter practice was strongly exemplified by per
mission given, under resolution, t« David S. Lyon,
who « as afterwards proved to be a dismissed officer
of tha Custom*, end stood in the relation of a pub
lic prosecutor of Jess# Hoyt, tha collector, to lake
the question or questions home with him, to be an
swered next morning.
Tha resolution is in these words:
"Moved, That David S. Lyon, a witness, duly
•worn,and now in attendance, and who states that
he is In lit health, and unable longer to attend the
committee this evening, b* permitted to tako away
with him the first interrogatory propounded by Mr.
Wise, and that ha be slowed to draw up hi* an
swer thereto in writing, and bring tha same to thn
committee fur (hair consideration at tha mealing to
morrow morning."
These practices, so novel and unprecedented, in
the opinion of the undersigned, mid so likely in-
, uriously to effuct the rights of parsons implleated
n thn investigation, It was deemed necessary to
check, if possible, by a direct vote ef the committee.
One af tho undersigned moved tba following resolu
tion.
"Whereas, The practice adopted by tha commit
tee of examining two witnesses at the same time, is
calculated to defeat the object of this investigation,
and the just expectations of the country, as well as
to prodace great embarrassment and inconvenience
tn the members, and particularly,- when tinder the
rule of examination, one member is compelled tu ex
amine two witnesses at the same time, and where-
oa the injurious effect of this practice i« strongly ex
emplified hy the examination at tha same time and
in tho presence uf tech other, of two witnesses, to
wilt Henry Ogden and Joshua Phillips, cashier,
and assistant cashier, attached to the custom-house,
and c “U«‘l u l ,on lo ttxrifr to the actings and doings
ol the cashier department I be it therefore,
A Resolved, That hereafter, one witness alone
•jjkll be admitted Into the committee room, whose
examination shall ha complete and ended before the
intrixliirtion of another."
td the question fully, not having Mated thn amount
of Swart wool's indebted nets. Whvrettjma, the
witness replied •• that b# would net wish la state
that, as Iw Infd not his tuuMil bare and the amount
wm yet to W settled bstwses him and Mr. Swart*
sut."
Mr. Wist then obserted, In tha bearing of the
witness, tint, os a Judge In ibis case, he felt It to be
Ms duty to say to tha witness that Iw had a rirht
to dew Ilea answering a question relating to his
private affair*. The witness after some conversa
tion between Mr. Owens, Mr. Foster,and Mr. Wise,
took back bis answer, and added the following
wolds t
" As to the amount, I do not think it noeeisary to
SUieit, as Ilian matter of eccount between Mr
Swartwout and ourselves, and haa to be adjusted
when we comelo a settlement with him."
The subject is calculated tn attract the public eyr
•ltd produce reflection. It nffords a rtimoikahle in
stance of the course pursued by the majority of the
committee: the respect observed in the rights and
privilege* of w(Inessas under examination before a
committee regulated by no known laws, hut govern-
ed hy tho dictates of an arbitrary discretion.
In the opinion of the undersigned, the question
propounded to thn witness hud relation tohisprivale
affairs. The witness Vanderpuol answered it in
part; but as soon ai ho was informed of his right and
obligations as a witness, he refused to complete it,
end said it was nut his answer, and wished to de
stroy it. It was aeveriess retained, as appears by
the statement above referred to. The whole pro*
canding carries along with It its own commentary;
and without further observation, it is submitted to
the House and the country.
Whether a committee of this House, appolnlrd
under its extraordinary anddiscreiloneiy parlianien-
efts Srorxisn.
j*
conduct prior to lhair departure from New York. ,tary power, undefinable, is authorixed logo into the
Tha House will sea hereafter what allamion investigation nflh# private affairs of officers of thn
... .. a General Government in relation to tht-ireciings and
of tho people. The "latter being seldom wrong in
their •pillion*, in their sentiments, never."
By tho rejection of that resolution,and the course
pursued hy tho mujoritvof tho committee, it was
manifest to a common observer, the chic of Swan-
wuut and Price whs to be, partially at toast, aban
doned, and a nnw field of ducovory opened and an
gered upon.
Tho undersigned, fully Impressed with this idea,
dectnod it a duty they owed tu the House and the
country, to huvo a distinct expression uf opinion by
the committee, on the subject of the defalcations of
Swartwout and Price,constituting,as the undersign
ed supposed, tho principal object of tbo House in
« raising the committee.
For this purposo, one of the undersigned submit
ted tke.foUowing resolution:
"Whereas, under tho resolution of the House of
Raprescntativus, one of tho greut objects was the
investigation into the causes uf the defalcation of
Swartwoutand Price; and as the visit of ihscmnaiit*
to* to New York was to attain that object, thn per.
aens and paper* being there, to enable them to make
the necessary examination into tho said causes; and
gs the public mind has been greatly excited on thn
subject, and look* to this committee for a thorough
investigation into tins actings aud doings of tha per*
boos boovo mentioned..-
"Be it resulvad, That this committee will pruceod
with all possible despatch to invo*li|al« thn ease nf
Swartwout, in which they have made considerable
progress, and when that is complote and ended, they
will tfkt up the case of Price, and give that a
thorough investigation."
Which resolution wa* laid on the table.
Tha call under the resolution before alluded to,
wee made on Mr. Hoyt, the present collector, for
papers and documents in relation to his official con*
doct Ha responded in a written communication,
and among other matters, asked if the committaa
considered him as a defaulter, and embraced in tb*
resolution of the Hou»a of Ri-pra,antativf». Th*
replication eras by a resolution in tba following
words:
" Retoltei, That In the response to the letter of
Mr. Hovt of the 28lb Inst, tha chairman be instruct-
ad to call upaa him again, to furnish this committaa
wiUr'Oil Utters heretofore furnished, from tha w
•ernl afficers of the. Treasury Department
1**° * n, 1 prvaent collector at New York,
■Mi .font aaiib collectors to said officers of
the Treasury Department, since the 1st day
•C January, 1837, up to tha 17lh day of
«uary, 1839/,. oosi also-with all orders and in-
. atructioMfrom aaldiofficers to said collectors, end
. tho answer*of said collectors thereto, If any, aot
heretofore furnished,.since tho Ut day of January;
UJfj «P the 17th dnyof January, 183li.*
"A%ibt li/urtktr rttoiotd, That ihi-commit.
toe pan put recognise any unthurity or right what
• ,V k« tn y °o'lecUir, receiver ur disburscr of tho
paWto Money, to call upon * the committee,' or ’any
uf “t®* n “* lt ‘- i . u, T'r*fe» ur to disavow* charge of
his beiuga dvfaultor.' before such offiour sends
‘•» # of ■ uu offioo,' «brn required
under d# authority of. U,o l|oure or Representa
tives, * to sand for p -reon* and p»|Mr*,' -to enable
Hs oommhtoo to inquire into and make report of any
uefaksliu-is among collact-irs, receivers, and dis
honors of the public money, which may now exist.
Nor can this committee, ut * any of it* mvmbars,'
' ‘ V
Introduction of another. 1
* The other rev-dution was in tlie words followingi
"Whereas, Thapi«tRc*or permitting witness
es to prepare their answers Ip interrogatories out
of tha committee room, and not in tha presence of
th* cemmltie*, upon their suggestion of ill health,
real sir affected, is dangerous In Its character and
Injurious to tha rights of those implicated, as th*
conduct and manner of witneases in giving their
teatimony are almost aa important as the mutter;
and as tha intention of the House of Representat
ives, from whom w« derive aur power, was, tu
hare a fair, honest, end impartial investigation:
" Be It reealvvdv That all and wary witness in
tho eourse of this investigation, shall be sworn anil
examined in tha committaa room, and In th*pres
ence of the commiuov."
The first was rejected, a substitute b*lng off.-red
nnd adopted, as will be seen hy reference to the
journal; the letter laid on the table. These ecu
need no further observation; wa give th# text, th*
commentary rsn he applied by uthars. While on
tkia branch of the subject there was another prac
tice adopted bv the committee, which, in the opi
nion nf rite nmlrrsigned, affected the private rights
of individuals J inquiries, not es defalcations, but
the disposition by officers uf the Government ef
their nwn money for party or political purpusrs,
as will be seen by a question in, and answer of,
—— Depeyiter, also* dismissed officer of the
customs.
"Question 3. While you were connected with
the custom house, do you know whether or not the
officer* of the custom* were celled upon tn pay any
pert of their salaries, or any assessment or tax
tltareon for party or any political purpose T If yea,
state whether you have ever, and when you havn
made any such payment; aud state tb* motive up
on which luch paymsnts were made.
" Answer. Tha weighers were eelled on to pey
fifteen dollars eorh for the support of the elections,
and when I declined, Mr. Vnuderponl, the deputy
surveyor, observed that I ought to consider whether
my $1,300 per annum wns nut worth paying filloen
dollars fur. Undur the impression that it was the
price for my situation, I paid it. The above occur
red during the last spring election for charier offi
cers. During my holding office, for about five
years. I was occasionally called on, but alwsys
declined until within the last two years."
In tbo pursuit of this object, an occurence took
placo in ihe committee-room, which was deemed of
sufficient importance to be spread upeo the journal.
Th* statement Is in these words;
" Resolved, That the following facts b* entered
on the journal t
" Mr. Wis* propounded to th* witness, Abraham
B. Vanderpoo), the following question lo wit t
" Question 3. Do you know whether th* officers of
the custom-house hare aver bean called on to contri
bute sums of money to party and political objects?
What officers have been so called upon; by whom;
for what amount; when did they contribute; i'
they refused, was any intimation given that thieii
refusal might occasion thair removal; what amount
bn bran so contributed or collected; and fiu- tha
•upport of what party at any one election T
" The witness took the interrogatory without
objection to propounding tba same and proceeded
to writo hi* answer thereto on tke ptper attached
to^th* question, and had written too following to
" I hare known officers attached to tbo eustom-
house to hare been called on for"—when Mr.
Owens, ravmber of the committee, interposed and
informed tho witness that he was not bound to an*
awer aay interrogatory relating to hi* private af-
felrat and thereupon Mr. FosUr, another member
of iha eornmittce, objected to propounding th* in
terrogatory. The witnsss her* commenced to
fear off what he bad written before objection was
read# to tb# interrogatory. Mr. WLw provonted
him from doing •# by forbidding th* aet. Mr.
Foster insisted that tho witness had iha right t»
tear off what ha had written, and that it wa* not
his answer until it was complete and handed in,
and he asked-the witness whether it was his an*
•war, and he replied, *it wa# not.' And tb* com.
mitttr* having decided that th* interrogatory
•horrid U propounded, tha said question by Mr.
Wu* was .again handed la tb* witness, and h*
returned the folio wine t • l decline to answer the
ud*ufrerirv!" 0 **' TU WM lfcw '
#223 £» U f c * tion nr l*««*dent, It
*" *• following statement of facts
which have previously occurred in tho committee
quettior?.**** P*°poundhd‘'to MV. Joreph tb* fifth
vmSr, »3u- WW * W# *" #WW U ^ ro,kmU> (
M Ho owed tun very large sum of money on aa.
count of the*# stock operetUs, as the revulsion of
1837 bod occasioned a very great loss on th* stocks
wa bad, and which wot* sold after oar failure by
eswssssissfss
doing* as citirensof the State, in which they re.ide
etui Ireviitg reference to their domestic Flection*,
(the question is generally, end D-p*y*ier refers to
the charter elections,) is a subjr-ct of grave con-
•ideratiuns. ir assumes an altitude that places it
beyond the reach of mere party movements. It
•trikes at cardinal principles dear tn the American
people. It is the assumption of a power not warran-
led by tire limited constitution under which the
General Government lives, breathes, nnd has Us be
ing. The doctrine of thn Statu Rights is a mere
mockery tu the understanding if this principle is
warranted and acted upon. Admit it, and tire ac>
ceptance of office under the General Government
ipso facto denstionulite the individual as a chirm uf
New York. The riglit of inquiry involves the right
to pass laws. IfCongress cun say that the officer
•hall nut have the right to use his money for nno
purpose, they may say ha shall not use it for ano
ther; they may say he shell nut attend the polls;
and, putting lira capstone to this political pillar,
they may say ha shell not vote at ar.y election. Sane-
tion this principle nnd you have consolidated go
vernment in all its forms.
This doutriue, like others akin toil, maybe main
tained by specious argument and ingenuity. But
tha people of this country, as thny have heretnluro
done, in all proceedings offset ing ther lives, tlrcir
property, or political rights will not be guided by
the refinement* uf learning but consult their under
standing, and bo governed by the plain dictates uf
commun sense. The evidence on the subject of
money spent for party purposes has reference to the
time of Swartwnut as collector. The General con
clusion derived, from it is, thnt the practice is not
confim dtoune party, but pervades all parties in
New York. Tirul il is general ifriut universal prac
tice, tho best evidence is afforded hy the witness,
David 9. Lyon, who according to his own admission
belonged lobutli parties, und is wellquuliliedto tes
tify lo tlie fact
Trim tho payment was not compulsory hut volun
tary, is r-vidsnt front me answer of Dcp-ysler, who
says, for throe yeur* out of five, ho contributed noth
ing, and there is no evidence ho was prescribed by
Swartwout.
With a view of putting n stop to such inquiries,
and to enable witnesses, particularly ignor-nt mun,
to know (heir rights and obligation, one of the un
dersigned uffert-d the following resolutiont
" Resolved, That every witnuss, upon being called
to testily, shall be infoimtfd by thuohnirman that hn
is not obliged to answer any question upon his pri
vate affairs, or the privatu affair* of btiier# "
Which was rejected.
The examination of the witness, Daved S Lyon,
an officer who had been discharged by Mr. Hnyi
from tho custom-house, had not progressed far be
fore it was evident his attention was to criminate the
collector. Th* undersigned,cunsidering tho plain
est principle* uf iu»tlco were viululed by allowing
the character and reputation of an important officer
ufiho Government to benttueked, ns it were in ihu
-Utk, without Ins knowledge and without the means
of ascertaining thn charges made against him, uau of
them moved rln* follow lug resolution:
" Resolved, That Mr. Hnjt,oollector, bo furnish
ed, by the daik, with copies of ell tho interrogato
ries and answers uf David S. Lynn, a witness exam
ined in this investigation a* lur us ho lias made an
swers to them, and having relation to tha conduct of
•aid Jesse Hoyt." Which wnjadopted.
But this being considered loo grout ttn indulgence,
a reconsideration was moved, and carried, and
amendment offered us follows:
"Resolved, ThalJrsto Hoyt, tha collector uf
New York, b« forthwith summoned us a witness,ami
that before he be examined tho interrogatories soli
mittedlo DavidS. L\on, a witness examined this
morning, and hi* answers thereto, he n-ml to him if
desired, or lie be allowed lo lend them, nnd that lm
have liberty to attend tho committee during tho ex
amination of any witness who inny hecnllrd u|>un to
testify concerning his official conduct."
The amendment wus adopted, and the rcsulutiun
as amended, was voted for hy tho undersigned a»t\
dernier retort, or the sumo would have been Imsi.
They beg leave-to cull the attention of the House
and the country to this amendment—tu thii boon,
given to Mr. Iiuyt, in hi* position of collector, sur.
rounded as lie wns bv open end secret enemies, in
the shape of officer* discharged by him uinli-r nn im
perious sense uf duty to tho public nnd himself,
Irom their places in the custom house, end foreign
importing mcichents, who fancied tfiey hud been in
jured hy him in the dischntge of bis duty as collec
tor. They beg the House and tho cnuulrv la look
•t it in its two-fold asnent us a submenu and as nn in
dulgence given to an American citixan, who hud his
reputation, dearer to an bunot able man than life it
self, at stake; and say " if these things can puss ut
like summer clouds, and not attract our special
wonder."
Mf. Hoyt was summoned toappear forthwith, no*
as on ordinary witness, but in the double character
of a witness and a party accused. For rapidity of
movaments and quickness of execution, it was more
like a warrant than a suhpeena. It ast no sooner
served than Mr. Hoyt was in the committer-room.
Lyon's testimony far at it hud gone, was read to
iTim.and he was instantly placed in the crucible of
one of the members of the committee, who examin
er ®dhi™ f° r many consecutive hout t. v
I /»Ve knew not how uthers foil at the seeno passings
■'around them; but for ourselves, it was a subjoct of ^
deep bumilitaiion, and has left an impression not ea-
•ily erased. In the progress of the investigation in-
to the official conduct of Mr. Hoyt, intimations were
thrown out occasionally in tba commitue room that
the lima had nearly arrived for the departure of the
committee from New York. These intimations
were warnings not to be neglected. The evidence
against Mr. Hoyt was in mantscripi, though not
printed; it would, as a muttet of course, appear nn
the journal. All that ho had to oppose to it was his
own testimony, and that of one or two other wit-
neeses. Justice demanded that he should have a
full and fair opportunity to introduce rebutting i-v-
idaneo. Propriety and ih* peculiarity of bia position
required this opportunity should bo afforded him in
th* city of New York. One of the undersigned there
fore moved the following resolution:
" By reference to the testimony of David S. Lynn,
a witness examined in the course of this investiga
tion, it appears charges of a serious character ure
brought against the present collector of New York,
Ji-aso Hoyt, end intending to implicate Benjamin F.
Butler, the di-trict attorney ef New York; and as
justice requires the said Jesse Hoyt and Benjamin
F. Butler should b* beard fully in relation to the
•aid charges, to enable them to spread upon the
journal of this oummiltre lira evidence upon which
their defenot may be founded, so that as the .journal
contains th* poison, th* antidote (if the testimony
furnishes it) also should appear, for the instruction
oftbe House and tba information of the people of
America-—
" Be it resolved, That tbe committee will not ad
journ Its sitting in tho city of Now York, where the
parties reside,and the evidence most likely to be
found, until the said Jesse Hoyt and'Benjamin F.
Butler have full end ample time to prepare ihrir da-
fence (if any they haveplo the charges against them
as officer* of tho Government of the United Suites."
It was moved to lay the resolution cit tho table
uetll the oxen (nation of witnesses was completed,
ond wo# oo Ui«| on tbo table.
f* r - Hq)t i him*.If, under circumstances more
“n the journal, sent a written
_ tbe same demand. U was
nor received. Tb*ground upon which
the rejection uf il.it applirsrioM aal based, was
the rvfo.al of Mr. H»yi lo ics|**i«l bi a eevslkm
propont-dvd to bon ui til hi* cowntaMrtitiun was
acted nn.—4?n too tame d*)i at bell past four
o'clock, I', M. llte lwlio«in| resolution was pro
posed t
•• llnrltej, That this committee Uving oreem-
plithed its prim ip.,I object, to in-ueci tlw bonks
end papers in llm Cu«t--rn House, incoming tn the
Citvul New York, and desiring »olli*|iwl lire bunks
und papeit in ihu j'lee-mj l)r|NirtiiM-nl, ni W-vcity
of Rasbingten,daring ibe aboil period iff tin* now
b-ft tu ll.elbr Ik-i , ro.e« uiion nl its inquiries, *-ill
adjourn tbit day at ten o'- b-ck. 1'. M. to meet at
tweltu M. on Tueniay tbe ISih in-t. ol tlt-r nmm -f
the Committee uri Conim-n.**, in tbe Capitol, and
that (It* witnets hencefoith bo tummutivd to ap
pear at that pbire till lunb- r ordered."
It was muvud by one of lire undeitignrd In
inrr.ii tba resolution a* followst
•• Whereas mi tire course ot th* Investigations uf
ibis committee, witno-s,** iuvo been iuln-sinrrd
Mini sworn, whose testimony Inis trndi-d in clturgo
lire preMtiilcnllectoruf tbo pnrtuf New Ynrk with
nfficiul iiiiscniidort; ami Wiioran* llm suid culiectur
lias app.trd to lidscoinniiileu fur |n-rntissi'-lt tn b-t
in-aril in.roiation ilren-ln, ar il to goinio lull invi-sfi-
lion thereof, by wunessestu In-prinlwed by Idrn;
nnd requesting iliat such invatiigulmn may be Ired
here,(in tit* oily of New York,) wbeie lie hll«-g*-s
timt lire w.ines-es wbnm ho wi.la-s to intrmluce
residu; ami wlrerees it isrlun to lire fair und full
ndniinisiraiinn uf justice, that the said collector
should have u lit!! opportunity to rebut lire charges
thus rnuduuguinti bun; nnd »Imrans several wit
nesses are now under nsHininaiion befpre tin* eorn-
miller, llm li-stiinuny of whom is nut yet clost*d;
und wbereus from lire fact that sevoral wiim-sses
buvo 1 men umlor uxiiniiiiuiion nt llie sumo lime, the
testimony »-f svvarul uf wtmtn Is not nnw before
ibo committee, either in manuscript or in print, (n
pur lion of • bo manuscript being in the liuml- ol thn
primer,) the cornniitl,-,- Imve n<>l ut this time the
tneuh* uf ascertaining tho died to be given to tlmt
testimun), or th-r nuiuiu ilieroof, and individual
inombur* of the committee uroconsi-quemly unulde
(until abetier oppuriuniiy sliuuldbe utiurdnl in ox-
amino raid testimony) to detriinine how much fur
ther the examination of tho witnt-si** should pro
ceed, or what other witness,-* ought to bo examined
in thec.use, in order to a full understanding there
of; und whoieus wo aro sutisfu-d tliut a full investi
gation of the fuels connected with the defalcations
charged can be butter examined into here than else
where: therefore,
"Resolved, That this committee will not fix up
on a time fur closing the testimony in New York
until the testimony is at un end; and that the fixing
the limo for adjourning tn Washington, hy a reso
lution passed buforo the testimony is ended, will bo
calculated to deprive tbu subl collector uf tho right
(which every mail has* when charged) uf showing
that thnso cliargi-s aro unfoundod, and of protecting
his character from aspcisiun: will prevent the in
dividuals of tho committee from examining nnd
cross-examining such witnesses Uslhry nmy hidicve
ought to bo examined ; will »ei u precedent entirely
new and urhritury in the ndmiiiintrution of justice,
dangerous to the rights and privileges of persons
who inny be chmged with misconducts will bo de
ciding a question, tbo propriety of which tho com
mittee cunnut possibly know, Bud will bo well cal-
rulnted lo destroy in the public, mind nil confidence
in the results to which this CMnmitleo may urrivc.
"Resolved, Tliut heruidlt-r, the lime wliicli the
umutnitu-o will be in session, slmll be from ten o’
clock, A. M. till bull past lour o'clock, I'. M., and
from seven o'clock, 1*. AI. till half past ten, 1*. M."
The amendment wus rejected, und the resolution
adopted.
The tletci initiation tlim-in expressed wns carried
into effect, und the committee was adjourned at 10
o'clock at night, while one id tin- uu-lersigr:d was
in the act i.' «-x;imining tin- witness, David S. Lyon,
and another in the act of siihiuitiing a proposition
fur sulipcnnus lui Air. Hoyt's witnesses.
In c.iiscqueticu of these proceedings against Mi
Hoyt, the coll,-clnr, but a very limited exnm-iiiiiinu
was mmlu into the dHu.cutinns of 1'rice,tin-district
Hllurney. Few »- itneisct were examined, nnd few
fuels ol liny i.npnrtiincu were elicited not nlrccdy
known ‘i'ln- nnilersigiicil, however, r* grei a more
thorough invesiigutioii wus nut nunle. They urn
under tho conviction, from tin- gi-m-rui complexion
of tho testimony during the vtnde invusi'igaiion,
tliut I*iico acted a very impoilunt purl in these
frauds und peculations.
On the return of tin- committee to Washinct'm,
lln-y resinned their arduous duties. .Many w lines,
ses were examined und document* referred to, ullof
w hich lire incorporate-,1 in the journal, uud part
ilium udvenud tu in ihi* icjiort.
*1 hi- subjects „l*cnqoiiy wo..- similar to those ill
New-Yoik.lmilins IkiIio rxlent und muses of iht-
dcfulculioos; mil nl»o the coil-os why the same
wi re not known ninn earlier ilnu-lo tlmuccoonting
nlfici rs ut Wti.liiiigtoii. In pursuing iho Inner in
quiry it was n,-c, »*iiry lo go into uu imo-iigution
uf the peculi-ir dn.it-s requited to ho perlorim*«l un-
den-xi-tiiig luws. practice, or iisagi*, by tint Scent-
lory of tho Tn usury, tho First A minor, und ihu
Comptroller. Tire iindcriigiied vvi.l not incrense
lln- vuluiue of Him i-puri, by iiirlutling in it uii tire
•'viilt-nco on ibis *iihjcc. in detail, but beg leave to
refer to tin- jouiiiul. They deem it proper, howe
ver, lor ii foil iiiidurstiindiog of the duties In-jongi j
exclu.i* fly to thesu ditVcri-ni utlici rs of tho Govern
ment, in reinlion to the auditing and settling of iic-
counts, inure pmticuluriy ih*».o iippcrtniluiig tnihe
cu-toms, to cull the utiention of tho house uud the
country to tho following dncomi-ut-. nnd the quo-
lions uud nnswi-rs nf witnosso* exumined upon tho
occasion, und in ii-fercuco to this subject.
The evidence of Mr. Young, chief clerk in thn
Treasury Di-pni-tnu-m:
"Question 3. Will yon stnlo how the Deportment
of tho Secretary nf iheTmnsury is urgan.xed, b-gnl-
ly ni.il practically, in respect resettling the accounts
of collectors und receivers?
“Answer. Tin- power of adjusting andscttling the
ucciuiiis of culli-uiors und luciMVcrs in inspect to ihu
revciiuo from duties iiu-l iund-, is hy law vested in
the uccuiiuiing officer* „l tin- Trensuiy. Colb-ctors’
account* me u-ljustcd by ihu Fust Auditor, subject
totliurovisi.m of the First Comptroller; accounts of
rcceiveis, i,y tin. Commissioner of iliaGuiieral Laud
Office, nlsusill-jt-ci re be revised by the First Comp-
tn tiler. Tbe Secretory of tin- Trcn-ury Inis no pow
cr us lothesutilemeut nml adjustments of these nc
counts, tun her limn to make allowances for expen
ses of cnllcclion, in case* where there is noexni
titlin' iilliiw-nncA for inch uxnensus."
legislation fixing ullmvnnce for such expenses.'
That of Mr. Woodbury, Secretary of the
'IrenMtry to the following:
"Question 11. Am I to understand that
jou have never comtideml il to he your duty,
and that y,>u have never discharged the doty,
of superintending the reports ol the fiisl Au
ditor and the Comptroller, uud that you did
unt know, ami hud no means of knowing
whether their report# were correct, or
whether they had f.ihhliilly done their duty
in adjusting uud retthng a- counts f
" Answer in these wotds. The reports of
the Fust Auditor, on accounts settled, ate, by
law and usage made to the First Comptn Her,
and not to the Secretary of the Treasury i
and the rrpor-t of the First Comptroller, on
accounts settled, when Ihe balances are con
sidcrcd snap ciuus, or proper for suit, ore
made directly to the Solicitor of the Treasury,
and formerly to the law agent. Neither in
those settlements; nor In those reports, docs
the Secretary of the Treasury interfere i and
it has often been decided by the Attornry
General, that no oflicer of the Government
h*s a right to control or reverse the decisions
of the accounting officers in making those
settlement* und icpnrw."
Extract of a le-tt r, dated office of the At-
tout-y General of the United Stites, October
20'l», 1823, signed WillMin Wiri :
»• |ii the original organization of the Trea
sury Departti-ei.l, (vol. 2, Laws U. S , p. 48 )
the duties o) the officers -re design:,ted ape-
cifi-ally. There wus one Aiiditor«aud one
C"tnp<roller. The duty of the Auditor is
declared to be lotcceive all public accounts:
end, after examination, to certify the balance
and transmit the accounts, with the vouchers
and cerftfirates, to the Comptroller, for ins
dccis on thereon ; wnh this proviso, that if
any person be dissatisfied therewith, he may,
within six months, appeal to the Comptroller
against such settlement. Here the right of
appeal stops t there is no p ov'ko for an ap
peal to the President. With regard to the
Compttoilei, it d recta that it shall be his duty
to superintend the adjustment and preserva
tion of all public accounts, to examine all
accounts settled by the Auditor, and certify
the balances arising thereon to the Registers:
no right of appeal, ftom Ills decision to the
President." »
Extract of a letter, da'cd Attorney Gene-
raP* Office, April 5th, 1832, signed It. U.
Taney.
'* None or the acts of Congress, prescribing
the inode of settling account*, and ascertain
ing balances look to a rctliivn yfih« account*
by the President i except ptrttaps, some la«a
paieed or the relit f uf psrUCnl-r Itreriidus's.
in wit.ch the pawi-r ia eapiCNly given, ’llte
grinal laws up.-ii that subject seem to
legetd the det.smu of the Lumptruller as
filial, and iiqttirc the Executive hratoli of the
Government to Mt upon it accordingly."
’lirereason* why the defalcation* were not
sootier detected by the Piilt Vttdiior and tire
Con ptiollcr, to wimin the duty „f atoMiia
and •rilling the kicotinta extlueivt ly In loogTH
ml, ate given in lite r evidence, end the
grtieial c-iiclu I ui derived from it is that it
mi roe from the fraudulent mam-tr in which
Swatiweld tendered his sccoun'a, as fully
state il and explained by the evidence both hi
New York and Washington, as uintsined in
• lie journal, and to wlncli we beg leave more
perticnleily to refer.
Hot little ippoitunity was afforded logo
in-u the con* d,-ration • f the Conduct of fond
rcceiveis aid other officers included io the
icinlntroiis nf the House. Ihe only evidence
on tins subject was the communi- aihm of the
Secretary of the l iessory, alrea-ly pubhkhed,
ami some additional letters irom said officer*
addt eased to (lie depurlincnt, no part ol
w-ldcii liave been placed on the journal as
evidence in the usual form, the tilidciegitcd
ure unable to cniiu* lo any definite concliifintt
upon tlua portion of the subject of investigu-
lion
During the whole invexitgation, and alter
a careful examination of the evidence since
its termination, (lie undersigned can see no
just cause to Coat ct-nsure upon the head of
the Tiejiury Depat-lmenl lor any want of
diligence or attention in the performance of
the duties ai'lm high and responsible station.
Ibis untoward and unfortunate affair, by
which the count-y lias auuwined to much loss,
could not have been prevented or controlled
by any efforts of his. The evidence is strong
and convincing, tliut the auditing and settling
thtse accoun's, uud detecting defalcations, do
nut appertain to his department or constitute
any of the duties itnpoud on him. Tltrjt
belong to separate and distinct bureaus, over
which he bus no control, and so determined
by the legal udvisers ol the Government.
When the defalcations were made known,
there ia hb-jitdant tea imony furnished by the
documents that lie mude every effurt, and
used every instrument that tha power of the
department over which lie presides enabled
him to use for the recovery of the money ;
and tliut, since the occurrence, he bus adopt-
ed and enforced such regulations lor the sale
keeping of the public money as ins limited
power and (lie waul of Iqjblative action has
eiu-bled him to exeicise. The duties of his
utat.on are not only various but laborious.
They require talent, patience, and industry;
tlieae he lms devoted to the public service in
tile administration of (he high functions de
volved upon him as the Secretary of die
Treasury. It may be said with confidence
and iruth, his fidelity to Ilia trust is unques
tioned and unquestionable i hia purity known
and acknowled r ed. As a public mun, expe
rience must have taught him, in high and
violent p.,rty times, if he Wt-re as pure us ice,
us chaste as strew, he would not eocupp ca
lumny.
That the countiy lies sustained great
pecuniary loss uo muii cun doubt; that the
national character hus Buffered det p Immilia
lion and disgrace, uo mail tail lu-si aie to ad
mit. Hut losses like these are incident to all
governments v tra one ia free from them ; the
annuls of our own afford numerous instances
of peculations committed at every period nf
ns short existence, under all and every mint-
niatration, and uii and every fiscal system,
vvli.ch has been adopted ami Carried into prac
tice i no mutter who liuts ueeu the fiscal ug it,
he Government has sustained loss. It miixt
be au until malt becomes honest* Rut Irom
our very iionIi r-unes we may derive benefits:
these incidents like srenna puiify the stagnant
iitmospheie \ tiny muy check lor a moment,
Imt cunnut stop llte onward march of the
State to her It git destinies. . The lessons of
expedience will not be fmgotten, and rente-
dica must and w id de applied to guard and
proud the public purse.
'These remedies are, in the opinion of the
undersigned—
1. Teisuus to be appointed under an act of
Congress, whose duty it shall be, periodically,
or ut any time, under the direction of the
Treasury Department to persimaily inspect -
the bonk* «ml papers of all officers intrusted
wdh i he public oo in y.
2. 'To huvu ..Il officer.* of the customs, who
in tlte remotest degree may lie connected with
the fiscal concerns, or inliU-ted with rile nub-
lie motuy, derive llieiruppoimment, not hum
the collector, but from me nomination ol the
i'lisidcoi and confirmation by the Senate, or
directly lioni Hie head of the Treasury De.
pariiiieui,
3. Tliut all collectors, receiver*, and dis-
but sera ol' the public money be required to
make their reuuna to the Treasury Depart
ment under oath.
4 Making the embezzlement, by an officer,
of tile public money : a high penal offence.
6. Making it a pt-nal otfonce in any officer
conniving at, knowing, or being privy to any
embezzlement ol the public money, and nut
givmg immcUiU'c notice tu the Treasury De
part ment
No calm and dispassionate man can read the
evidence taken by tnc cumtinliee, in the pro
gress of this iuvtBuga*ion, but will come to the
conclusion that ihe cualiiei* and assistant cash
ier, and the deputies ol the custom house, in
debted to Swartwout for their offices, and
subject to bo removed by him, was One of the
great causes of the peculation and ol its
concealment.
That the labor of the commi'tee in (his in-
vesiigutiuu wdi produce some good is proba
ble < tliut it would have produced greater, uud
Kiveit more satisfaction to tile public mind,
had it been conducted on more eulsigtd prin
ciples, we have no doubt. Ue that as it may,
we have emleuvuied to discharge our duty io
the House uud to the country.
There is one occurence, however, that
took plate in the investigation a: Washington,
ui a remarkable character, and deserves notice.
Mr. Woodbury, the Secretary of the'Treasury,
was Cal,ed and sworn us a witness. The first
question propounded to hint Was in these
words.
" Question 1. Have you seen, or heard read
or described, or been informed of, any portion
of the evidence taken before this committee i
" Answer- I have not aeen, read, nr heard
read, any of it, nor has it been described to
me. nor have 1 been informed in respect to it,
except what gentlemen in conversation may
have suggested was propably the character ol
some of the evidence; but whether correctly
or not I have no means of judging."
If it be right that a man on his trial should
be informed of the charges made against him,
why ask the question? We know not what
was the object in propounding it. Every man
will draw his own conclusions.
We deemed it at the time a most extraor
dinary question to be submitted to Mr. Wood-
bury in Ida then peculiar positiun. We be
lieve it unprecedented in the annals of criinin-
al jurisprudence.
Wc take this opportunity frankly to. avow
to the House and the people, had there been
any evidence taken in New York tending to
implicate the honor and reputnt.oii of Mr.
Woodbury, or any other American citizen, and
it had not been made known to him by the
committee, we should under the most solemn
conviction of duty—of what is due to private
honor and public virtue, and that fence of jus.
lice, to violate which would be to betray the
best interest* of the people—have commit,
ideated the fact. Un human power could
have induced us to remain silent.
There ia a zeal in politics, as strong, though
not so holy as in religion, that excites the
passions and leads us into error. It reverses
the precept, and m ikes ut do unto others what
it wiM not permit them to do unto us. Fair
and honorable conflict of parties invigorate*
ihe body politic and benefi ■ the State, hut
when party spirit assumes the character of
pcrsL-cuiioti, it is a demon that perverts the
understanding and corrupts the heart.
The rrspect ue have for the House, and
our devotion lo the people and the principlei
of liberty, have imposed on us the duty of giv
ing this simple narrative, no* only of Mir ana,
but the maitnrr eflil ft rm In which tlit-y have
been cxerutrd. In politics, it l»*a been said,
names mean things It may be said w ith equal
ihrli, in all political mnvc'iitms, forms means
substance. I he people have s right to know
not only what is done, but how it is done.—
The gieaieit guarantee of freedom is publicity.
All which is rcaprntlufty suhmiitid.
GKO W. OWKNB
HF.NllY A. FOSTER-
DAVID D- WAGKNEII./
[ FZrnlfTdKbTTtnnit. ]
THE M'KAKhllS ADDRESS.
We give, lo-dsv, the uddress of Mr. Speak
er folk, to the House of Represent dives, at
the close of the scsrinti. Its dignified tone,
and manner, we It-nm, commanded the rea
ped and sd-nirat-oii of,veil ha piJitic.,1 op
puneiul. A lur lie dcsccndeil Irom the chair,
the nnmbeis. without diviitciion of p-rty,
took leave of him, and nra many ol iIiobc
who, yielding to the force of party discipline,
hud voted against the resolution of the House,
gave hint • rordiul shake of (he Imml, and
many nf them treely admrted, in ronveraa.
tlon, that nn man timid have performed the
duties »f (he chair mote ulily, ur in ii h s* ex
ceptionable manner. How lli.it portion of
the Opposition who, in the recklessness of
party spirit, and for the accompli-hmrnt of it
politicatl object, must stand rebuked by the
muffiy, temperate, and dgmfivd tone of ti e
Speaker's address ; hreaUiio];, as it docs, a
consciousness nl having dutch.,igt-d his doty
fiiithlully, and tliut Ids well earned reputation
could not be affected by (he unjust and un
precedented violence of a frw reckless politi-
cul opponents tmvaids him. 'The single
object ol Mr. Ilell (for Wise und Frtntiss but
dtu the work for him which his own sense of
shame, and the fear of exposure before llte
public, prtvt-nted him from doing himself)
wus to affect the elections in Tt-nires ee. 'The
Speaker is the Democratic candid nc for Go
vernor of that patriotic State, with fair pros
pects of vuccevs, and it wus openly avowed
by Prentiss that the object was to affect his
election. The pHr'y rally whs sounded, and
the Opposition were invoked to vote against
the resolution, upon the ground that, if it pas
sed, il would lurnish political capital to the
Speaker to be used m his election. It wus u
regularly concerted movement, we believe, of
Messrs. Bell, Graves, Curtis, Wise, Premiss,
and a few others as reckless as they, to affect
a political object in Tennessee, by a party
vote. Uut, in spile of the party drill, so great
was the nuinge of such an attempt upon all
the courtesies of life, and so Unjust to the
Speaker, that they could not, under the se
verest and most inexorable purty drill, rally
but 57, out of a House of 242, to vote against
the rtsoluiion- Whilst Messrs. Briggs, Daw
son. Putnam, and others of the Opposition
broke through the party trammels, and voted
lor the resolution of thanks to the Speaker,
such men as Governor Lincoln, and many
others of the Opposition, positively refused to
vote against the resolution ; but they Were,
under the pressure of party cwnsidt rations,
induced to retire irom the hail, and not to
vo'e at all. They weie appealed to hy the
more reckless of the party not to vole for
ihe resolution, if they umld tret vote ag.iins*
it. The vole wus taken after 12 o'do-.k at
night; the Opposition malingers, Messrs. Bell,
Graves, Wise, Prentiss, anu Co. hud a regu
lar ral'-y, whilst many of the friends of the
Speaker hud retired, not anticipating that it
was possible i-uch un outr- ge upon ull deicti-
• y and courtesy could po a bly bejtu-.empied.
The vote uttilej' the nic.im-tunre* is a signal
triumph to the Speaker, *1 he leum-ssec
U logs, we Irani, were extctd.ngly active ill
going through the House, and urging rii-ir
M htg friends to vote again l the lesolii' on |
ai d wlteie they con d i.oi prevail upon lieni
tod • »o, uiged them to ret tie ftom the hull
and not to vote fur it. There object wu.
plain enotigh. 1< was none other than to af
fect the speaker's election in Tenmsw-e.
Had they been half us active to have the Ten
■lessee land bill for Hie bent lit of (lie occu-
pant settlers passed, as they were to defeat
the resolution ol thunks to the bpeukcr, ihey
might probably have succeeded in pu si-.g ii.
The wnule movement was prompted by the
jealousy of Mr- Hell, and Carried out l»y Ids
Wltig colleagues limn 'Tennessee, nml h\
Mcs.t'H. S< S. Prentiss, Wise, ami Co. and
cannot foil lo be under.stood. We wo| give
further par i,trims heiCafter in letireuceio
ilns transaction.
'The Speaker rove and addressed the Uo.is^
as followsi
Gentlemen of the Home of Reprctenlativce:
lo Ukuig leave ufilita body, in .il.lprubahiiih
lor ever, emotions are excited Winch no I mgu-
i-ge can adequately convey. When 1 look b.u k
to the permit when 1 li st took my seat in thin
House, and then look around me lor those
who weie ut that time my a»soc u e. her
find but few, v« rj f.-w, reitiatmng. Hut five
members wlm were heic with me Court'
year* ago, continue to be inemhcra ol this
Hotly. My service here has been const mil end
laborious. I cuii, perhaps, say wind but low
others, if an), can—iba< I have not laded tout
tend (he daily sittings uf this Hi,use a single
day smee 1 ln,ve beet, a int-nriur of it, Save on
a single occasion, when oicvemeo lor u short
lime by iiulis,.omiioii. In my intercourse with
the ineinbeis of this b.nly, when I occupied a
place upon Hie flmi-, though ureas omnly ei
gaged in deba.es upon interesting public qm-
lions and of un exritmg character, it is a
source of umiiiiiglcd gratification to itm to re
cur to the tact, tliut on uo occasion was theie
the slightest personal or unpleasant.collision
uilli uoy of us on tubers. Maintaining, mi-) at
all times expressing, my own opinions firmly,
tile same right was In Ily C receded tooltura.
Our discussions were ut that tune conducted
wi It that courtesy und decorum, and respect
lor 'lie opinion ui oritera, winch ought ever to
prevail io a deliberative asst mb y. 1-Yp lour
years past the station I have occupied, and a
sense of propriety, n» the divided ami unusually
exened state ot public opinion and feeling,
winch lias existed both in this House n-d ii
the country, have precluded me from partici
pating in your debules, Ollier duties were
assigned me.
The high office of Speaker, tu which it has
been twice the pleasure ot this House to elc-
va-e me, Iras been ut all limes one of labor and
high responsibility. Its difficult, and often
dilicate, duties have been fully appreciated
and freely expressed by all my predec- ssors.
They have all borne te*iimuiiy lo the difficulty,
nay* impostibduy, of discharging its duties
with entire sarihtaciiontoull, especially in sea
sons ol high political or party excitement.—
Whilst Urey have borne this lest mony, 1 think
I may truly affirm that none ol them have had
s severer ordeal to puss than has fallen to my
lot. Frequent have been the occasions w hen,
but for ihe indulgent'and liberal support at all
times given to me by this House, t should have
been utterly unable to preserve that order and
decorum winch should ever attend the del b
erations of the representatives of (tie people.
It has been mode my duty to decide more ques
lions ol parliamentary law and of urJer, many
of them of a complex and difficult character,
arising often in tire midst of high excitement
in Ihe course ol our prooceiln g-q then had
been decided, it is belreved, by all my prede
cessors, from the foundation of this Got era-
ment.' This House hus uniformly sustained
me, without distinction of the political parties
of which it has been composed. Our records
will show, that upon the numerous appeals
which have been taken lo the House, I have
been sustained by both political parties, and
often by decided and forge majorities.—
Though doubtless 1 may often have fallen into
error in promptly deciding novel questions,
suddenly raised. I trust it was not on points
materiul, and I know it was never intended.—
I return to this House my thinks for their con
stant support in llte discharge ot* the ardnou
and difficult duties 1 have had lo perforin.
llm, gentlemen, my acknowledgements are
especially doe to the majority of this House
fur the high and tfoitci log evidence they h .ve
given me of their approbation of my conduct
at th* prislling officer of the House, by the
resolution yon have been pleased in ps«4. I
regard litis as ihu highest urel most valued tes
timonisl I have ever received from (his House,
because I know (bat tbe circumstances under
wi-ieh It lies passed htamsde it fustier of
•I nre, snd not of mete form I regard ii aa
ol itifin tely more value than if it had been the
( ominuo matter ol course soil customary resn*
'Uii* it, which in the courtesy usually prevail*
ing between the presiding officer aud the
members of any deliberative assembly, |§ §fo
w,ys passed at the close oft heir deliberation*.
1 hat is linin' suing—>s indiscriminate*), confer*
red—is m mere act rf courtesy, and possesses,
mnt| aritivrh, Imt little value. | return to
tire majority of this ll'-ttse, what | sforetcly
IVe|, try grate fill thanks fire till* high evident*
nf'lreir approbation Slid regard, given, salt
has hern, at a time nf high party excitement,
which, in tlie nccnmi'lishmmt of party and
political objecte, but ton often riLregirds sU
other considerations I shall hear il in grate*
fill remember -nee to rite latest hour of my life,
I trust ill's h-gli office ihhv in future times
he filled, a* doubt It m i' will he, by abler men.
It entnot. I ktow, hr filled by nny one who
will drvo'e himself with more zeal and ttntir*
lug Industry to do Ida whole duty t an I have
done.
We rre now about to separate, many of us
never again to meet. 1 wish yml, gentlemen,
n sitfe return to ymtr fum'lirsnnd friends j and
wha’ever our respective future destin'cs may
hr, mv prayer to a henefirient and overruling
pi-ov.drnee is, that our future lives may be use
ful and happy.
MAINE.
Tire following resolutions wrre offered in
the Senate of Ma-sachoseits, onJJ'upsday, but
tire Srnfttr refused lo receive tupm,.
Rno’ved, That we have learned with stir*
p ise nnd regie! that the Executive of the U.
Sta-rs have entered into an arrangement with
tire British Mims er, wli ch provides, for the
withdraw nl of the forces of Maine from tho
disputed territory, without n reciprocal pro-
vision for the exclusion of Britisli military
force.
i?Mo'rerf, That we will co-operate with the
state of Maine in earnest application to the
ttaiionil Executive, tn put an end to tliut ar*
ranirement as soon as possible, consistent with
public faith, and use all proper means by
negocintion or otherwise, immediately to set
tle the boundary on the basis of the treaty of
17H3, or the provisional jurisdiction on the
basis of reciprocity.
Mr. Q-t n-.v objected to granting Irsve,
because he thought the trans.icti, n might be
misrepresented, and that the report would go
abroad, in all the papers, dial the Legislature
might have committed themselves in favor of
the resolves, when, in fact, they might have
foul no such disposition. T> c resolves weie
nf greaj importance, and he did not wish to
have nny busty action on the subjert.
Mr. Kinnicutt was opposed lo any action,
lie thought Massachusetts had already done
ull tliut was ireccssuty, and hi language that
wus sutihficiory and could not be ms'akent
and that it would he proper for this State to
wait for any farther action of the General Go
vernment. He Impe l the gentleman from
Essex, (Mr. Spofford) would withdraw his
resolutions without any vote of the Senate.
Mr. Spoliat'd ext ress-d his willingness to
alter or modify the resolutions, so as to cor
respond with the views of Senators, hut lie
was e .tircly pfepurrd to ofle-r them, lie was
going on to justify his cuurs< a in asking leave
to introduce them, when he was r«*led to
order 'The only subject before the Senate
w.,s 'he qireation of reception. .
'I It it (pres inn be-ng lak n was decided in
lire ncg. tiro —So the Scua e refused to re-
c»* v.- tin re oh.turns. **
Tiro- n I s ami otdt-rs of tlie Senate pres,
critic, llitu n i bill or ic’Ofotion slmll be intro
duced , a cep! by the report of a c mm tire i
n I f w. » mostly us a n ut er of form, in ohe-
die lice to tbe ml -, thai this course was taken
bv the Seiaic in rcliising to entertain the re-
hohtnuiH, When t-Ueivtl by an individual Sc-
nsiire.
Fioni Ihe Piiitlaiid AdvertUcr of Mo-idnv.
Much 2-i, 1839.
Out- perpV here hate t-.c n excited today,
wnh lire expe«tali,m ol w.r. '1 lie.news I'pim
die front cr lusi even ng, Hud tl.e irewa Irom
Waaliti'glou this morning, h -ve made the least
m-dul, us Hinting ns begin to feel tl.at 'here
is someiiiii gsei ion-, in (be aspect of our affairs.
Iii .uhiiiioii to the intelligence sent jou Is't
lveiling, it appeuih 'ilre Uritisli have sent up
6 pie, es nl nidnui ce limn Kiednctou toward
the I obiipie. The indicutiiiiis are that Sir
•to n is preparing for a vigorous conus'. I
ittvcjnM seen along le ter Ir the camp,
u Irion cumc ut hiM (.veiling by express. Col.
.1 if vis i-» ft rld'y.ng girmigly. Tlie exact place
I do n.-t ceiiainly kn .w, though within ten
•••His nf the line, lie is excecdingl) popu
lar wit Ii Ins men. ||-b force amounts lo 800
strong. Major PtutuU has command nl' the
ui-'i.lerj, ml is will Ii ted Ii r the service,
havn g received u military edit eat ion. The
Ki imi bic troops cmnp to-inghl ut Hampden,
und oili arrive in lire morning.
S r Jnt.n Harvey is contiiuully sending his
expres es by tire Ki-ntrobec road to Quebec.
'Tire ord r lor Gen. Ilodsdon to march by
way ol llonitoii was for two reasons, one to
dri-v i ft’tlie uticirtioii fiom Col. Jarvis's move
ments on tlie Aroobtoi k, by cri uiiug the im-
piessiuu that \t (mils'i ck was the object ol at-
'ack. The lliit.sh force is concentrating at
Woudiii.clc i.s head qu li ters.
From the I»o tlatul Argus.
Us gnr. March 2, 1839.
I have only lime tu s»y that Mr. Englibh is
here ho it Kre Iri: ton, N. II. Wt'll a com I'Uni-
cution I'nmi Sit* Ji hn ilurvey lo Gov. Fairfield',
and it ia reported that a proposition will be
tiiudc to rite Governor for running a convert-
-im al ime between Maine and New .Bruns
wick.
Officr or tub Bixnnn Wnio.
Sunday March 3, 11 o’clock, A. M,
Our Coy again lo-tfoy wests a warlike as
pect. All is hustle and confusion. Expresses
arriving und thpir.iig, and baggage wagons
and soldi rs coming and going.
Gen. It.,divider has arrived here from the
Kennebec, ft< d n large portion of his troops
also readied here ubnut 12 o’clock to day.
The) arcLi fine looking body of men, and are
in the beH spirits. They quarter hereto
nigh', and'.will take up the line of march Ii*
nnrer mv morning lor Houhon.
We understand the steamer Bangor has
been chartered, and is to proceed forthwith
to Portland, to convey the troops of that divi
sion to this city without delay.
From Houlton.
By the Express which arrived last n’ghtat
II o’clock, we have accounts from Houlton to
March 2d, Capt. McLaughlin was then having
an interview with Gen. Hndcdmi, but of what
character is not known. We believe the ex~-
press brought despatches from Gen. H. to
Gov. Fairfield. 'Three companies of our-
troops had gone to the mouth of the Arnos-
took, the lemainder were st lloolton. The
British fince which was at the Tobique settle
ment, hud left fur the Gran 1 Falls. All was
apparently quiet in tlie Province except tome
military training.
We hope inn* Provincial neighbours are by
this time autihfied that they are in wrong, and
that we nre not to be frightened out of oue
possession.
From the Boiton Daily Ado. of Wednetday.
The whole aspect of tilings seems to be
growing more and mire serious, and affairs to
be fast approximating to ihu point from whiefo
there appear, to remain to neither party atv
honorable retreat. The m rclring from both*
sides.) o the probable scut of War, of large mili
tary forces, ell equally flushed witli nations}'
pride, us well as the high tone manifested bjr
both parties of litigants, ill seem to be fast
natr-iwing Ou»v,i the grounds and prospects of
an amicable adjust ment. ,
From the Boston Pott.
Nutivithst,tiding the horrid state of tb*
roads, the distance between Moulton and Ban--
g«r, 115 milts was performed, on the 1st inst*
in 10 hours ond a half; by tlie videltes. The-
riflemen were engaged in practising st Moul
ton.
Correspondence nf the Boston Atlas.
Stats lloosz, Acooxta,
Monday, March 4, 1839.
The meraage of (lie President on ihe sub
ject of our border difficulties, and the recoin-
mendstory agreement of Mr. Forsyth, Secrc-