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JM % C O N Cl E O M C 1 1 T E E E C-JR A P II
Legislature mid the Pre»idnt. 3'te epprop*' iatioj? ol
mite millions ol dollais for the defence oi ilie country
was inserted in the general lortilicutieh bill, bj nnicne.-
inent, proposed by the gentleman from New \ ork,
(Mr. Ciiinbreleng.) ill consequence of a resolution
which had passed, unanimously in ihe House, «ud by
OA? .Hit. JJDAiUKt OF MASS.
thuisi isolation for the appoint.next of a select Comma
fee, to iny.i.rt into the camocs cj the failure of the iW-
JiJ. caium bill, at tl* last session of Vongrtss^ ddiccrui
v •Jan, 4 J2 9 l&G. -
Jtlr. LunBura rose and laid, Mr. Speaker, I which unanimous vqtc the House declared that the ex-
m'l'lask the iinl.iigenceoi'tlieHoasoforoiie moment, ; edition of the trralv of the -4th ol July, 1831, with
■fo notice an attack made on uia m otic of tin: tuornihg France, should be insisted on. It was well known to
.pip.’isiil tins city, to-day. every member ol the House, and Jil believed to every
i. i Iw Ctram said it couid only he done by the unun- j person out of the Home, that the appropriation of
.imutu consent oi Uie House.. j three millions was introduced in consequence ol that
.No ubjecu >iv*va» niaue; and i vote on that resolution the night before. It was well
Mr. ( .tiiSit£t.i:.NO proceeded: Mr. Speaker, the at- ! known that tho resolution which finally paesed by the
Jich i would UiM notice, weic it not, sir, Unit it is uu I vote, had been contested by a debate of several days
attacK also iiptui this House, and invoices tho q:tea-J immediately before its passage,upon grounds that such
Aton now before llie Senate ol ill United Slates.— [a resolution would occasion war. If you look, said lie,
i'h it attack is. timt Ute rmnarha 1 uiudu upon toe tlireo j to the journals of the House lor the resolution which
tuiiiioti appropriation bUL at tiia lust session, were not I passed, nnd to the several resolutions proposed as suh-
puUlislieit, until alter tec adjournment of Congress, j stitntes for it. you will see that it was admitted with
tulloiving it Op vvjdi tue ui-m t iuou mat those remarks j extreme reluctance by mum members ol the House,
never were made, it is not my purpose, sir, on a J that it was
question like this, when i nave so much higher game, 1 upon ground
ticuatc for Itis judges, a majority of whom were
surely uot of liis friends; uot oue dollar of it
could he have expeuded without giving a public
account of it to tho Representatives of the peo
ple anil the natiou. Nor w as this nil. Thuscou-
lined to specific objects, it was to be expended,
not unconditionally, but only in the event that
it should be reudered uecessary for the defence of
the country, prior to the theu next session oi Con
gress, an mterval of nine mouths, daring which
no oilier provision could have been made to do-
fend your soil from a sudden invasion, or to pro
tect your commerce Uoatiug upon every sea,
from a sweep of a possible royal ordiauce of
France.
Ami this is uic appiopriation following close
upon that unanimous vote of two hundred ud
seventeen members of the House, that the execu
tion of the treaty of 1831, should bo maintained
aMeniiy and' pwevcriii-ly contested, and and iusisted on- This is the appropriation so
,„| s ii would occasion,n war. Under tainted with man-worship, so corrupt, so Uiicou-
these circumstances, although the House were not of
opinion that it would give just cause for war,still, how
was it possible for u statesman, looking to the interests
of onr common country, not to sec that these reasons
so pressed upuntlie consideration of the House, and,
looking to the action of another Government, might
have that tendency. The conduct of a foreign Gov
ernment, to be predicated upon this act <*t onr own,
was matter of furcsijlit and conjecture, 'liter© was
i misunderstanding and irritation between oui Govetn-
j uieiiUunl doit of France. The no others of the House
w ho resisted the passage of the resolution lutelligeiit
lo run a tilt with tho editor .of the United Tel
egraph; 1 merely notice it to pronounce the statement
nnd insinuation until I'.tDti, ami io slate, timt when the
opportunity does arrive to discuss ttiis question, there
would not only bo loti ml one, but uioro tluiu one mom-
bar of tins House, who wilt vindicate tin.* proceedings
uf this House i:i relation to that bill, lrom die attacks
of the oilier body.
The 8rE.tKkK said it was uot in order to allude to
tho other body.
Mr. Adams asked the consent of tho House to sub-
mh a resolution ju connection widi the subject. - ~ , — . . - ,
The resolution was road fortl'.o iiilbniiuUOIl of die ' and patiiotie men, had urged the House against if, nun
House, as foiiotvs; j all the tender sympathies of our nature and all the sen-
itesuteed, That so much of the message of the I‘ie-1 limenLs of humanity in our boronis, had been aopeal-
s'.deni of the 1 1 mted States to Congress, at the com- j ed to, as warnings against that resolution. ‘I -i image
uiuacgmcui oi' tho ine&eiit *e»:uoii, n* luJates to the ! of tr/ir, in nil its tfirors, am! with ul! calamities,
failure, at die hist session of Congress, of tho bill coil- ! had been held lip to deter tlic House 'rout dm asser-
taining *bo ordinary appropriation lor fortifications, be ! tioti of the nation’s rights, and ol the nation s honor,
referred to a seloot coin mince, wilt) iu-tructious to in-j contained m that resolution. < onscious that the re
quire into, and rojmrt to the House, the causes and cir-1 solution could not give any just cause of o. ence, the
lumstanccs of the litiittre of that bill. j House did net believe that it would ofienc. or endanger
objection being made, Mr. iMn t.nR moved to sus- j the peace of die country; yet. in deferenc.,to the fears
pond the rulu < f Hie House to enable die gentieman ' of the minority, and as an earnest of their sincerity in
from Massachusetts to odor hi* resolution ’, which-mo- the determination to resist upon die execution of the
tioif prevailed—yeas I'dll, nays GO. treaty, it was deemed tinting that the Government
•Mr. Adams theu siiiuuitlcd the foregoing resolution, j should put itself in nil attitude of defence to meet the
Mr. Wii.i.ixms, of .North Carolina, moved to aineud worst possible contingency, anil to sustain that resoIn
die resolution, by giving the select committee power to j don which they unanimously passed. These v ere the
send for persons and papers. I grounds upon which that item was introduced on the
Mr. J. If. Adams said, dial die portion of die Pro-J last day of die session. And why on the last day/
sideut’s message wliich referred to this subject v> as in j IJecause it was ouly on die night before that the iinun-
these words : ~ ' imons vote had passed.
“Muck loss and inconvenience have, been ex peri - j In all the debate it - I
encod in consequence of the failure of the biU contain-1 which he had referred. tlienB w-as “*°^ e *? r ace of such L t b e r esoluUon of the House had beeu pass-
I SESST ed hut the day before 1 That resolution wL it
last session, but was lost in the odier. J Ins failure the journal ol the Senate of what they w ould t!o/or the
was die mow regretted, not ouiv because it necessarily defence of the country, or to insist upon tbe execution of
interrupted and delayed the progress of a system ot ; tbe treaty ol July. Lilt in diat debate in the National
national defence, projected immediately after die las.: lutelligencer, lie found a prodigious display of elo-
war, and since steadily jiitrsticd, but also because it J queneeagainst the constitutionality ol this section ap-
conta ned a coutiiigeitt iipitropriatieu inserted in ac- , jiropriating three millions ol dolhns for the defence ol
coriiauce with dm views of tho Fxecutivo. m aid of j the country, because it had not beck recommended by
this important object, aqdethpr branches of die nation- the Executive.
nl defence, some portions of which might have been Mr. Mxrcer again rose to order. He charged Unit
most usefully applied during the .past season. I in- the gentleman was aiiudiug to a debate ju the Senate.
stitutional* that tho indignant and patriotic elo-
queuro ot the National Intelligencer, would soon
er see the enemy haltering down tho walls of the
Capitol than agree to it. Sir, lor a inan utter
ing such sentiments, there would lie hut one step
more, a natural and easy one to take, anti that
would be, with tho enemy at the walls of the
Capitol, to join hitn in battering tlieip down.
ere Air. A. was interrupted by a spontane
ous burst of feeling aud applause from members
on the floor. The Speaker immediately called
to order. The iutliscretion was momentary, and
ihe most respectful silepec followed.]
Air. A. resumed, lie hoped he |iad shown
that the section mnkiug the appropriation of
three millions, was introduced from absolute ne
cessity on ihe last day of the last session, because
it was iu consequoiico of the unanimous vote of
the day preceding. Was he now to bo told that
this «ttd the other House must uot appropriate
money uulp«s by* recommendation from the hixe-
cutive ? Why, sir, the Executive has told us
now, that that appropriation was perfectly in ac
cordance with bis wishes. Yet here the charge
is inverted, and unconstitutional conspiracy, aud
man worship are imputed to this liou?e on ac
count of ti nt appropriation, because it Was ap
proved aud desired by the* Executive., Where
was the possibility of a recommendation from the
Executive; of statements from the Departments;
In all tbe debate in the National Intelligencer to | 0 f m essa^es between this aud the other House,
vito your attention to that part of the report of the
Secretary of War which rotates to this subject, and
recommend an appropriation sufFcicnt.y liberal 'o ac
celerate the armament of the fortifications, agreeably
to the proposition submitted by hitn, and to place our
whole Atlantic seaboard tn u complete state of de
fence. A just regard to the perntainent interests of die
cou.nry evidently roqnires this measure hut there are
also other reasons which at the present juncture, give
it peculiar forco, a id make it my duly to call to tin
subject yottr speci if consideration.”
He thought that was nil that related to the subject,
and he olfered the resolution for the appointment of n
committee with instructions to inquire and report as
to the facts relating to the loss of the three million ap
propriation hill, principally in consequence of what
bad lak«*n place in another quarter upon this snbject.
The Chair reminded the geiitlrnian from Mnssa-
Tho SekARBR said that the gentleman must reduce
the exceptionable words to writing.
Mr. Merckr reduced t * writing and proceeded to
read the words which lie alledgcd -were used by the
gentleman from Massachusetts. He did this, he re
marked with reluctance ; luit it was for the purpose of
preserving that comity and harmony between *£:«• two
bodies, that the gentleman bad referred to, and which
lie no doubt desired to maintain, that he had felt called
upon by a sense of duty to raise the question of order.
The words taken down by Mr Mercer were read at
the Clerks table, and rite Speaker inquired of tbe gen
tleman trout Afossat husette. whether he admitted their
correctness !
Mr Ankvs. Tbe gentleman front Virginia, (Mr
Mercer) bad express, d great aversion to quibbling.
Mr Parker here rose and urged that order should
be'maintained as it w as impossible to understand what
chnsctts, that it was not in order to allude to the .**eu-i was going on while the members were standing or
Mr. A. said be was perfectly well disposed to ob
serve tbe rules established, and would gone further in
reference to what had taken placo in the Senate, than
the rules would atitiiori.se. ill* said that lie had offer
ed tm, re iolntiou in consequence of whut had occurred
in nnotlter place. Hu bud not soidiimt that place w as
tlio Seintuof the United States. That was a matter
w’hich any gentleman was competent to determine for
himself where_ the place was. He said this because,
although perfectly aware, that in point of form there
was a rnio, never observed, that no allusion shall be
made in either House, to what is pnssiug in the other;
vet, unloss allusion to what was going forward in the
other in aitclt of tiic Legislature shon).1 be permitted,
it would take from him the possibility of stating the
real grounds on which he asked a committee of the
House. He did not refer nominally to any thing
which had taken place in the Senate, but he did refer
to what had taken place elsewhere, and ho should pro
ceed and have reference to what bad occurred in ano
ther place, so long us it should be the pleasure of the
Speaker or tlto Houso to permit him.
The Speaker here read the rule which applied tn
tliu case, anti Mr. Aoams was about proceeding, when
Mr. Mercer called hint to order. The gentleman
from Massachusetts had not nominally alluded to the
8mate, hut he had intentionally, aud was therefore put
of order
The SrEAttr.R said, that, according to parliamenta
ry usage, the objectionable words must lie reduced to
writing.
Air. Mercer declined reducing the words to wri
ting, uud withdrew the call to order.
Air. Adams resumed. He would endeavor, ns far
M was in his ability, toatoid any collision, not only
with the letter, but tvi’.h the spirit of the rules, to which
moving about.
Iilr AIercer Raid the gentleman from Massachu
setts might modify the language which he had reduced
•o writing.
AJr Adams proceeded to state wherein the gentle
man from Virginialuid not roirectiy stated the woids
which he huo used.
Mr .Mercer raid the evident uuaitiug of the gentle
man, in his opinion authorised the terms which he had
employed in reference to the exception he bad taken.
.Mr Adams said, us he understood the rule, exception
must be taken to luc iron/., of a member, not to any
aicantiig wiiicti any gentleman might think proper to
attach to his words. He entered into u limber expla
nation!,! the terms which he hud employed.
Air AIercer expressed his dissatisfaction with the
explanation, unci lie felt bound to persevere iu the mo-
noli winch he bad made.
Air. \\ ise hoped the gentleman from Massachusetts
would he permitted to proceed, whether in order or out
of order. If ever there was a case where members
should be permitted tospeuk frank yon both sides, in
order that tin* truth and die whole truth might he e-
ncitcd, this was one.
After some conversation between the Speaker nnd
Messrs. Hardin, Me,cer and Adunis, the <|uestiou was
pit., and the House decided by a large majority, Uiat
the word*token down by Air. Mercer were not used
by Mr. Adams.
Air. Whitti.kskv called for the orders of die day.
The Chair decided tho motion out oi order, die
House having suspended all its rules to enable die
••eiitlemau from .Massachusetts to submit his resolu
tion. n , ....
.Mr Adams continued. He said Iris object in offer
ing the resolution was precisely the same, with that
which had induced his honorable friend from Virginia
or not, 1 do not recollect. He had only spoken
iu the House before as contemplating a large’
sum.: considering the contingent and possible
danger against w hich it was to provide, 1 thought
the sum cartaiuly uot too large. .
And,now, sir, where is all.this scaffolding ol
indignation and horror of an appropriation lor
specific purposes, for the defeuco ol the country,
because, forsooth, it hud-uot been recommended
by special message from the Executive? Gone,
sir! Goue! You shall look font and you shall
uot fiud it. You shall find no more trace of it,
than in the tales of the National lutelligencer
you shall find of that vote, of 317 ayes, which was
the real voucher for the purity ami genuine pat
riotism of (tint appropriation of three millions,
tleuouuccd to the world by the eloquent orators
of tho Senatorial press, as so profligate and cor
rupt, tun tan enemy at the gates of this Capito!
could uot nave justified a|vote in its favor to ur-
rest l.is arm, aud stay his hand in the act of
battering down these walls. You shall find uo
more trace of it, than upon the Journals ot the
bciiataof the last session of Congress, you shall
find of sensibility to the wrougs which our coun-
Alr A. said lie doubted whether in the whole
intercourse between the two Houses of Congres-
an adherence was ever before resorted to at so
early astago of a difference between them. He
was sure there never had been such an instance
unless at a time ot bad temper between the Hou
ses. ft was a special disposition to cast odium
upon the House, a special bravado, that induced
the Senate thus to draw tbe sword & throw away
the scabbard, and they adhered. Notwithstand
ing the uatural feeling was, when the bill came
to tho House, to adhere on their part, and that
motion was actually made, yet so anxious w as
tho House t« save tho bill, that they did not ad
here ueithcr did they recede; they iusisted again,
aud asked of tho Senate a conference, to which
the Senate agreed, although at that time the hour
was 13, in real time. That clock, (poiuting to
the (lock in the Uall.) to he sure, so far as a
clock could show, said it was not 13, but it was
not possessed of the power of Joshua of old,
who commanded the suu aud moon to standstill;
old time submitted to uo such power, hut moved
aioug regardless of w hat w as doing hero. The
committee of conference of the House went out.
try was enduring from Frauce, aud ii upou those j and that committee felt themselves constrained
Journals, such a truce can fie found, it must be to i to consent n.i a reduction of the 3,030.000 dotvu to
cleurer and more searching eyes than mine. \ 800000 dollars. Thus, sir, this horrible conspir-
Theu why are we told that nobody knew any I acy against th- constitution, melted down to a
thing Of (lie reasons of the House tor adopting i mere question of dollars aud ccnti—whether the
that amendment to tho fortification bill ? Noth- j appropriation should be 3,000,000 or 800.000
ing passed in the House but what was kuown in dollars. The appropriation was made positive,
the other portion of tile Capitol. Nothing was . instead of being contingent upon a necessity uot
found on the Journals of the other body, that Certain to come, and it was confined to twoob-
would go to sustain the Executive aud the ebun-j jecls of permanent ordinary nppropiiatiou, still
try. Iu another body resolutions were passed, j leaving the possible contingent danger uuprovi-
very explicitly declaring that tliey would not do ded for. He had said aud believed, that the
what the Executive recommended outuo resolu- 1 conferees ou the pnrtof the House had beeu edi
tions were passed, sayiug what they would do. i strained to accept this compromise for the pur-
A different course of pc li«*y was pursued by the j pose of saving the bill; but it was loo late—
House. It adopted uuanimous resolutions aud ! when the conferees on the part of tbe i loti e re
showed that, although the measures recoin- | Utrued, that House was no more—it was a life-
mended by the President, did uot^ entirely less corpse. A friend and colleague of his, now
meet their approbation, yet that the lights of the : iu his eye, had indeed said it was the noisiest dead
country, aud the execution of the treaty w re to j body that h** had e’ er seen or heard of. That
bo insisted ou. In another brauch of the Capi- ; w as true, yet it was uevertheless true, the House
tol, at tho same time, it w as uot known what the | was de facto dead. The journal shows that
House were doing; yet 317 names answering from that time it was impossible to make a quo-
“\ea,” stood recorded on the Journals of the! ruin. It was a few minutes bclo-e that, a large
Sfous’e. These were the lacls, and an impartial : quorum was found. He said this, because, in
senate to the bill respecting the
tut* Cnited States.” rl ‘ficauo: j c f
Mr. A. appealed to the speaker
oldest members ot the House, and in i n ® ol *U
capacity, as the guardian and vindi "‘, S °®^1
honor of the House, wilether, !u hise* r of «he
the legislation of this country , ho had a *' er,e *fe i,
lion of such a message having pas'-
the House of Representatives and s? bciWl Ri
message reminding the i louse of tfceir’’* 0 * 101 A
minding the House of what they had \S' '•*
minding the House of the particular b Us ;“ d ° : r «*
it was their duty :o take upaad act
asken the oldest nieinberiu the lion.* 1 / 1111 ' '' e
he hid any recollectiouofaiiysuchiuf 1 -’ WlieU,er
ing passed between the House ol lt,■ 1)1 '•
and the Seuate, he asked the vouJ..? eUl4tl,c '
and paused for a reply, lie heard none
tiei tbess circumstances he took nn oa [ :ital1 #t| -
say, that uo such message was to be f aB T*®
journals of Congtess since the fomtdaui <m ^
Government. Hero was one braueuoj [ * tos
isiature turning the task master of >ii e “IJfS-
We read to koiy writ of a judge of J Sf ‘7~’
undertook to teach the meu of ti ucitl!) ,Ta >
was ny scourging jheui with the bn«r.’ V* 1 '
Since the days of Abi» # |" eth °^J
the gentleman from Virginia (Air Mercer) had appeal- I to interpose this objection ot mere formality again, t it;
ed, auil would therefore transfer, die location ot the
place where these things had happened., from the Se
nate uf the United States t» the office of the National
lutelligencer, and would ask the gentleman if he had
any objection to diut !
Air Mercer said lie objected to a quibble, with a
vioivof ro.icliing another braftch of Congress, contra
ry to the rules of order
Mr. Ada Mi. In the National Intelligencer, the offi
cial printer t» tlto Seu.iio of tho United States, there
was published a report of proceedings which had ta
namely, to restore huruiouy between alt U.e Depart'
menu of the Government, not only between the House
and the senate, bulalsu between both iloose.- ol Con
gress and the Lxeealtve Departments ol the uovem-
tueiit, for if Uierecver was u time when harmony, per
fect and complete, between the different Departments
of the Government was necessary, now was the tune.
The people of the country culled lor it—die interest of
die nation demanded it. Air A. said these were |ns
motives for offering die resolution, and he trusted that
if tbe House would indulge him m die appointment of
the committee he demanded, timt dmt coiniiitttec would
ken place in a certain l*ody ; and in that newspaper he j jbecoiii .
found it charged, not ottlv that dw statement in the have 11 "l their power to repot til.at all the charges
message of the President' of rim United States „ as j made agamttheltot.se were utterly ground ess and
not trac. Inti that dw fi.il.tre of the bill was not caused j union,.ded, tmd bel.evmg dial hat would be the result
|,y the 8ouatc of tho L t.ited States; that it did not fail ' »< »he investigation, he hoped that it w ould contribute
there, but dtat it failed iu another House. Where was | to restore the harmony w hich no longer exists between
’ - • - the two branches ol me Legislature ol die country —
The restoration of harmony depended upon the vin
dication of tin; honor of die House of Uepresemativcs
that! Was it this House! No, sir; that House exists
no longer. Dut it was in tins ball; and the House
which is now here consists, ii a great nn asure, of the
tdeutical individuals who composed that Ilotiso. One
hundred aud forty members of that House are also
members of this House. And iu that -nine National
Intelligencer hu found the charge, not only that die fail
ure of that hill was owing to the fuult ol that House,
but that it died there, and then: its bones are to he
sought: Ho foaud it ai-o charged, that in die progress
outrages
du* United
of the passage uf this bill, the most violent
were committed ou the Constitution oi di
Slates, by the President and by tho House, in conspi
racy together. It was admitted on all sides dint die
hi I was occasioned by the Introduction of a section
into it, appropriating three millions of dollars for tho
defeuce oi* tho coitntr> ; and the President now tells
at tbe lost session of Congress; for if th«t vindica
tion could not hu made complete, there was no pros
pect of uuy harmony at the present session of Con
gress; and'especially upon diat most important sub
ject, our foreign rchuiuiis—die question of peace or
war. The foundation of die resolution offered was,
oil his part entirely defensive; its object waste vindi
cate the House of lien resents lives from reflections
wliich were eutirely undeserved.
Air A. said it was difficult for him to reconnect to
gether die train of thought after so much interruption,
which he iuid wished to present to die House. He
would, however revert to onq or two points which re
quired notice. It was aguiust the introduction of the
us dmt the fuilpro of dmt appropriation was a snbtect action appropriating diree millions for die defence of
self passed iu cousequcuco of a communication
from the Executive, aud iu furtherance of the
views of that ollicer. Then why was the charge
of mau worship made ? lie would appeal to the
House to sHy, whether he was a worshipper of the
present Executive ? He had voted for that at*-
prepriatiou. and he gloried in the vote. VA as he
chargeable with man worship iu voting for that
appropriation ? He had not approved the special
measures w liich had been recommended by the
Executive at the commencement of that session
of Congress. Neither the measure of issuing
letters of piarque and reprises, nor the measure
of commercial interdict or restriction ; neither
had that House of Kcpresft utativr« approved
them; hulthc House, aud lhauk God! the peo
ple ol tho country, iiad done homage to the spirit
which had urg< d to the recnmmcudaiiou, «veu of
those measures which they did not approve. He
agaiu repeated, why was it that the House must
be charged with niau-worslup and unconstitution
al conspiracy, because they passed an appropri
ation of three luillious for the defence of the coun
try, at a time wneti iiiniieneiit danger of war was
urged, as resulting from that very resolution,
w liich, but the night before passed by an unan
imous vote? Hccause, forsooth, that appropri
ation had not been called for hy the Executive;
and yet, because turns approved hy the Execu-
ivc.
Sir, there were at the last session of Congress,
three systems of policy to be pursued w ith regaifd
to our then controversy with Frauce, which had
marked the proceedings of the three branches of
our Government charged with the duties aud the
responsibilities of legislation. The system
of. tho President was contained in the re
commendation of his annual tnesstig-e. ’1 lie sys
tem of the ijennio is disclosed by their resolution
unanimously adopted on the I4th of Janu-ry,
1835, ill these words, as appears upon their jour
ttals:
*•Resolttd, That it is inexpedient at present, to
adopt any legislative measure in regard to the
state of affairs between ihe United riltitcs and
France.
A resolution not ouly declining to do that which
the President hud recommended, to vindicate the
rights aud honor of the nation, hut positively de
termining to do nothing—not eveu to express a
sense of the wrongs which the country was endu
ring from France.”
8uch was the system of the Semite. That of
the House was neither exactly that which had
been recommenced by the President, nor yet that
of the Senate. It was a subject of long, of aux-
ious, aud of ardent deliberation and debate du
ring the last week of the last session.
The chairman of the Committee on Foreign
Relations had reported three resolutions ; us sub
stitutes for which, 1 had the honor of submitting
to the consideration of tho House three others.—
Tbe minority of the Committee ou Foreign Re
lations had preseutefl a report, coucludiug with a
sentem e, which, at tho suggestion of the chair
man of the Committee, I adopted as a modifica
tion of my first resolution, aud which the chair
man of the Committee consented to lake ns a
substitute for the first reported by him. 'Phis
sentence, from w hich, with the general assent of
the House, tbe words ** at all hazards” hatl been
withdrawn, was finally moved hy nte, anil every
member present, two hundred aud seventeen iu
number, ausw red, at the call of his name, “ay.”
Tin: resolution was in these words;
»• Htsolred, That iu the opinion of this House,
the treaty with France of iho 4th of July, 1831,
slum ti be uiaiutaiued, and its execution insisted
ou “
history of that bill would show, that there was
suflicieut and ample cause for the appropriation
ol three millions. Hut the throe million appro
priation was received by the Senate iu a most
unfortunate temper, and as proof of this, it be
came absolutely necessary for him to refer to their
proceedings. In jfce first place, the motion for
the three million section was submitted in the
House, aud little objection was inai.e to it. It
was perfectly understood by gentlemen ou both
sides of the House, that it was fouuded ou the
vote of the night proceeding, and uo one, so far
as lie recollecte ., objected to it, because there
was no recommendation from the Executive.--
The vote wq^takeu ou it by yeas and u.tys, and
it was adopted. Oue hundred and ttiue names
^said Alt Adams.) the first of which, iu alphabet
ical order, was uty owu, were recorded upon the
Journals in favor ol the aineudineut, aud of those
names, seventy two belong to ' members of this
House; 77 names appear ou the Journal record
ed agaiusl the amendmeut. forty five of which
are of members of this House. The proportion
of re-elected members is rather larger ol the
names iu the affirmative, than of those iu the ne
gative. Hut. 1 have said tho amendment was
received iu the Senate io a b ul temper—aud now
•he National Intelligencer, the exemplary assid
uity of the members of tho Senate, in tho dis
charge of their duties, was invidiously contrasted
with the insinuated neglect of tho members of
tho House, where it was insinuated that business
could uot be done for want of a quorum. But
why was the House found without a quorum ?
Because sixty or seveuty members, cunscieu-
tiously believing that they were no longer tho Re
presentatives of the people, refused or forbore to
answer to theiruames. YoUr journals will show
that motion after motion was made to that effect.
Mauy members declined answering on these
grotmds. aud no motion was made to compel
them to vote, as by the rules of the House, had
it still existed, there would have beeu. He was
not one of those who believed that the session
ended at midnight. In his opinion the two years
duration of Congress was from tbe time of day
at which the ll»u te commenced its session, say
the hour of noon on the 4th of March. He belie
ved that to be the true construction of the cousti
tutiouai term of two years; but it was ac uistitu
ticnial questiou, aitd ii was uot for him to judge
of the motive ofmeu who conscientiously be
lieved tha the period ol their political existence
had expired, W hen the Cumherlaini roatl bill
for the proof. The resolution, as recorded on ! passed, the question was taken by yeas and uays,
the Journals of the House, was as follows : j and the vote *vas 94 to 80, making' 174 votes.—
“And be it, fyc. That the sum of three millions j Here was n quorum voting, which showed that
of dollars be, auci the same is hereby appropri
ated oulofany tnouey in the treasury uot other
wise appropriated, to be expended, in whole or
in part, uuder tho direction of the President of
the United States, for the military and naval
service, including fortifica ious and ordnance and
increase of the navy; provided, such expendi
ture t»e rendered necessary, for the defence of
the couutry, prior to the next meeting of Con
gress.”
Obsetve what were the purposes of the ap-
propriirtioa. Was tho House wasting aud sqtiun
ilcriug the public money when it made die ap
propriation ? No, sir. .Shall it be said that the
appropriation, if uiude, must have beeu wasted ?
wbeu an enemy is at the wailsoi the Capitol, it
will be but a sorry objection to make that you
have no confidence iu the man at the head of the
Government. He hoped that the matter might
be fully exposed; and whatever might be his re
lations with the head of the Government, he did
uot think that the vote w ould lie charged tom tu-
worsliip Upou that resolution, 100 names were
recorded in the affirmative, and were these 100
members to be charged with being man worship
pers and conspirators against the constitution of
their country ? Among these names were sever
al, if they were capable of anything like mau-,
worship, which lie did not believe, the object ol
whose worship would be some othe'r mau than
the present teuant of tho »Into house; even the
very meu who uow made these charges against
them. He said that the section was received in
bad temper by die senate, they immediately dis
agreed to the ameuUiueut, it was said, with
hu* little debate, aud sent their disagreement
down to the House. He recollected that the
present Speaker who was then Chairman of the
Committee of Ways and Aleaus, did him the Itou-
or to ask hitn what we should do, and he, (Mr
A.) said lie should vote to recede from the ap
propriation, because from the temper of the
Senate, it was evident, if that course was not
pursued,the whole bill would be lost. Mr. A.
said be did accordingly vote to recede, hut it
was not to recall tbe vote he bad before given ;
it was solely because bo believed'(hat if the
House did not recede, the whole bill would be
lost. As the object of the kill w as for the ordi
nary appropriations for tonifications, he was un
willing lo lose it, anti therefore gave up the three
million appropriation to save the remainder of the
bill. But it was not the sense of the House to
I then withdrew the second aud third of tho t recede, and tile vote ol the House stood 87 to
of great inconvenience to tbe pooplo of tlto country
Ou this subject an issue litis been taken in the National
lutelligencer; aud that issue involved not merely the
{'resident of tlto Uuited Sta'cs, but iuvolved the
House of Representatives. Timt was nil additional i
reason why ho wished for a committee to inquire into
the matter. Timt reason, he hoped, would bn suffi
cient for every lumn'tor Who felt hi a honor implicated,
to c.tU for investigation, and have the subject exomiii-
iinxl to sli-iiv where the failure of that bill was to be'
charged, llo had. he repeated, said, that he consider
ed it rite first dmy of every branch of the Government
to harmonize with the other brunches of the Govern
ment in doiug the btisitiess of the People. It was the
duty of tiic members of the House of Representatives
to support the President of the United States, and the
Kxecuffvu Government of_tho country, in every mca-
gg; and in
the mlt-
t duty was
obligatory uud reciprocal upon the Senate and the
President. This be hnd always considered ns the first
duly of every person concerned in ndutinisteriug die
Goveriini :nt, whether of the executive or .legislative
deportments. It was a subsequent duty, that cm It of
these powers was to be a watchman ard sentinel over
tho proceedings of the other. This, between the brnn-
ctafoflho Legislature was a matter of extreme iiu-
portauca, aitd waj scarcely less important, in the re-
«lions between both and each of ths brauffies uf the
ppropni _
the country, that tbe cry uf iniconstitntionality against
both tiie Lxcctitiveand'ilouso of Representatives hud
been raised. One of the great charges was, that the
Houso of Keprexcuta'itcs had inserted that section
without recommendation from Utu President. That
was the great offence en which was fimi t cd the hur-ts
of indignant eloquence, which would rather see the
enemy battering down the walls of the < npitol, than
agree to such an appropriation for the defence of the
country.
Observe, sir, once more.the terms, tbe objects, and
the condition of that appropriation. It was tn be ex
pended, in wliole or in part, under the direction of the
President of the United (Suites; life i.xecutivc head of
the nation, sworn to the faithful execution of ihe laws:
sworn especially and entrusted w ith the superinten
dence of all the defences of the country against the ra
vages of a foreign invader—it was to he expended for
the •*military and viral service, including fortifications'
and ordnance, and increase oj the vary." These, sir,
•he natural nnd appropriate instruments of national
defence against a foreign foe, were the sole and exclu
sive objects of this appropriation—not one dollar of it
conld have been applied to any other purpose by tb
President without a violation of his official oath^ and
of liis official trust—not one dollar could be applied by
hint to any other purposes without making himself lia
ble to impeachment; not by tha House of Represen
tatives, bill by us, their successors, fresh from the con
stituent body, the pocple, yet before that same
resolutions which I had proposed.
The secoucl of the resolutions reported hy tbe
chairman of the Committee on Foreign Rela
tions was, that the Committee should he discharg
ed ftont the further cousideratiou of so much of
the President's message as related to commercial
restrictions, or to reprisals outlie commerce uf
France. It was unanimously adopted hy the
House.
'Pile third resolution reported hy the chairman
of the Committee, whs:
“ Kesolvtd. That loiitiugent preparation ought
to he made to meet any emergency growiug out
of our relations with France.”
This was the resolution iutended to sustain at
once, the spirit of the President’s recommenda
tions, nnd thc'siucerity of the resolution just n-
dopted hy the House.
But there was only a day left of existence to
the House; and therefore uo possibility of wait
ing tor a message from the President, for esti
mates from Iho War aud Navy Departments, or
lor the slow progress of n bill through all its usti-
aUtages in both Houses of Congress. Such pro
ceedings, highly proper for the usual aud ordina
ry expenditures of the year, were not ouly uu-
tiVeessaty, but wpultl have been, to sny the least,
useless for an appropriation contingent upou e-
veutstben uncertain, and tho amount uecessary
for which could not, with any approximation to
precision,-he estimated or forcsecu.
The resolution was laid uu the table at the mo*
tinu of the chairman of the Committee, who had
reported it, and who then, iu my hearing, and iu
the hearing of all those tv ho chose to hear hint,
gave uoticc that ho should, in its stead, move an
additional appropriation to the fortification hill'
then before the House. Whether he named tho
sum of three millions as that ho should propose.
110; the senso of the House was strong, it tvas
earnest, but it was respectful. How was it w ith
the Senate ? The next communication which
iho House received from it was, that the Senate
had adhered lo their disagreement. Iu the inter
course between the two Ileuses every persou
knew that adhering was Ihe very last resort—
that it scarcely ever was recurred to, except a* a
challenge of defunct to the other House. What
are its consequences ? They are always to haz
ard the loss of the whole bill; if the other House
adhere, the bill is lost. Tito Senate said, take
baek your appropriation or lose your bill; and
that at the earliest stage at which they could pass
such a vote. It was well kuotvu to every mau
that the vote lo uilhere, never passes between
the two Houses in good temper. It was always
considered as a challenge : “lose your hill, or a-
greo to what wo think is right." Mr A. here
rpa l the following extract from Jefferson’s Matt
el, in support ol his views :
“When either House seuds a hill to the other,
the other may pass it with aineudineut. The re
gular progression in this case i«. the Commons
disagree to the amendmeut; the Lords insist upon
it; the Commons insist on v their disagreement;
the Lords adhere to their amendment; the Com
mons adhere to their disagreement. The term
of insisting may he repeated as often as they
chooso to keep the question open: but the first
adherence by cither, renders it necessary for the
other side to recede or adhere also, when the
matter is usually suffered to fall. The term of
insisting tvas certainly in 1G9I), n happy inno
vation, as it multiplies the opportunities of try
ing modifications which may briug tho Houses
to a concurrence. Either House is free hotve v - J
tliHouse at 13 o’uclock, tvas doing husiues;
but in ten minutes afterth.it, no quorum couid lie
found; not iu consequence of there not being
members present, but iu coqscqueuce of their
conscientious scruples. • lie recollected the in
stance of a gentleman from Georgia, (Mr Gil-
iuo.%) a man as conscientious and as intelligent
! as any memtier of tbnt or the presem House, who,
upou being called, refused to answ er, and gave
as his reason, that he was no longer tho repre
sentative of the people, aud immediately after
the vote was taken, went out of the House at
that door ami uevet* returned. It ivis u >t titer -
lore 'lie want of a sufficient outrider of members
present, but from tbe conscientious conviction
of so large a number unite members, as reduced
the remainder to less titan a quorum, •that thw
bad uo right to voto on anything in the House.
After that took place, the committee of confer
ence returned to the House, but no report was
made, and tvh.it tvas the reason ? Because there
tvas uo House. The roll tvas called aud uo quo-
i utn was to he fouud.
He said that lie did uot consider the con-tini
tional term of two years, assigned to the House of
Representatives, an t the term or four ye irs, du
ring which the President of-the Uni ed States
holds liis office, commences or expires at mid-
uight. The services of ttvo aud of four years,
commenced running from the time, when the
members of the first Congress assembled, to
coinin' nee the operations of this Government,
uuder the constitution of the Uuited States, w hi< h
tvas on the 4th of .March, 1789, at noon. Tne
ttvo years front that time expired not on the 3d
of Marco, 1701, at midnight, but on the 4th ot
March, at uoon. The cxpiraliou of a year is
not front noon to midttight, but from uoon to
uoon. it is so, astronomically, by tbe latv of
uature. The time ul which a day shall -coin
meiiee aud terminate, is a matter altogether ar
bitrary and conventional. Some nations have
iu tit- ir civil compui lion, commenced the day
at sunrise, nnd some at sunset, some at thiduigiu
and route at noon. Astronomers and navigators
always reckon the day from noon to uoon.- and
why should uot the constitutional comj utaiiou
of time follow tiic same law which is the law of
uature ? The principle, once estaulished, could
be attended with uosortof inconvenience, where
as, the computation from unott to midnight,
must be subjee once every two years to a solu-
tiou of continuity for twelve hours by the non-ex
istence of a Houseof Representatives, 'and once
in every four years, t:> an interregnum or vacan
cy ia the office of i'rosidpnt of the Uuited Slides;
emergencies might easily he foreseen, perhaps
oven precoutrived, iu w hich either ol those events
would be atteuded with very great public incon
venience. Mouarcbtul governments are always
guarded with the utmost possible care against
every solution of co.diuuity. Tlndr Kitt->s never
die. It would be a radical defect in every rep
ublican government, not tube invested with tile-
same official immortality, 'he office always filled,
however frequently the individual incumbent
may be changed. It was therefore my opinion
that the House might have sat, transacting busi
ness till uoon of tlto fourth of Alarch, and, accor
dingly my tiaine will be found and recorded on
every taking of the yeas and nays, until the ad
journment, after it was auuounced that the Sen
ate had adjourned.
Mr. A. said that it was his opiniou then, aud
ho had theu expressed it to the House, hut it was
uot the opinion of a large uiituber of members of
tho Houso. The members were in the House
ready to vote, but in their opiuion the time had
passed. Now, whatever was doing tit that
time in tho House might have been known to
every member of tjic senate, if they had seen fit to
make the inquiry. It was perfectly known that
after that time no quorum of tho House could be
found.. No vote was taken. Tho House tvas de
fuclo dead. But iu that state of things, after
the House was a lifeless corpse, the folio wing mes
sage was sent from the Senate, which Mr. A
requested the clerk to road.
"Resolved That a message he sent to the hon
orable the (louse of Represntatives, respectfully
to remind lire House of tho report of tho Commit-
er, to pass over tho term of insisting, aud to ad-1 tee of Conference appointed on the disagreeing
here in tbofitstinsla'ncc, but it is not respectfulvotes of tho tvro Houses, on the amendment of the
wilderness
has been uo such teaching as ibis In' t^s ^
to tbe House of Representatives ot'the (
He dwelt on tbis -ubj-ct because it lt|: ^ l " tei *
to be any such thing as huruiouy b^H ^ " i “
two houses, iu discharge uf thrir duty | () t ' ta lte
pic of the country, he hoped that Tit, u ny i ' C °’
would stand as a solitary ntouuuieuiatul tv S *^®
never to be repeated, tie hoped tfiai SUcil dru “£
sago would never go front the House to [U s'*’
ate. He hoped that the House would am
courteous enough to suppose that tli e tst^’ ,
the Uuited Stales knew what was tlieiidm ^^
would discharge it accordingly. J* a “ a
Mr. A. said that no such example existed
the joruals of the House of Representative,
he was aware that there bad been iu-Uures of £’
kiud iu the parliament of Great iitituni; uubtf *
were re er ed to ia Mr Jefferson's Manual t).
“When a bill i« seut by oue House to the ut '”''
aud is neglected, they may semi a messa e?’
remind them of it. But if it be mere iaatteuri °
it is better to have it dome informally, b T f, 90
munications between the speakers ur tueiubtr, 111 '
the two Houses.”
From this it would be seen, that the oulvt?.,
given in the Mauttal, were wnere the
had neglected to aet on a bill; he had consulted
all the cases in liaise!! and Gray, auilo’Jita
refer.ed to by Mr. Jeffersou iu the Alauual; M ,j
he found that the last instance adduced of its,
kiud, eveu in the British parliament, nasiil^)
one huudred and fitleeu years ago, aud iu all Ub’
cases severally relerred to, such messages ntvet
were sent : unless there was a violent niisuuder-
standiug between the two Houses, and when the
neglect of tbe bill was extremely injurious. Such
was the uaiute ol tue message, wliich he Loped
never would be repeated iu the iutercourse bet-
ween the two Houses of Congress, liut, to com
plete the true character of that message, be iuast
i.quire at what time it was seut? it was seat
at two o’clock in the moruieg, it was scut at a
time when it was known, bo b in tiio House
ami the Senate, that no quorum was to be fouml.
When that message was delivered, ha must con
fess, if ever a feeling of shaiue aud of iudigoa-
tiott had filled his bosom, it was at that tuoturat.
He felt it as an insult lo the immediate Repre
sentatives of ho people; aud had it been seat
at a moment when the House yet existed, with
the power lo resent unprovoked iusult, lit verify
believed, that, imitating the example of ow
Congress in a somewhat similar case, during
the revolutionary war. he should have moved lilt
a message be sent hy two members of the House,
to east the Senate message on their floor. ?.ml
tell them that it was uot the r-ustotu of tlielliut*
to receive insolent message,. It was, perttapj
well that he had no opportunity to give vent to tiut
feelings. What were the feelings of the other
rii n *ers, it was not for him to say; and
h« did uot know that he had ever co;emuuicated
h.’S own to any members of the HoOsc; furls
saw that the iusult was committed ou adead body
—another Achilles, dragging around the wailsoi
Troy liis prostrate and lifeless foe.
It was said, sir, that there had been thrilling
aud unexampled eloquence ot iadigaatioa r.ttbs
conspiracy of ni.ui w orship, servility, s„< [ cor
ruption, displayed by the House ol Keprt'.snu-
tives, in that appropriation ot three mtllioJsfor
tile contingent necessary defence of the coantrj
front foreign aggression ; but I trust that 1 lad
already shown, to the satisfaction of this Hum.
that a.I that eloquence was gratuitous, ati<iw
that indignation waslefuily squander'd a« s J'
some small portion of winch might have beta
pr fitably expended upou the foreign treaty It**'
ker-, under whose injustice our own country »•*
smarting- This indignation, and the teoiptr
with which it was mauil'isled, hy these repeats
iusuits to the House, ili-.t strike me as so ftU**'
diuary, and I unis’ add, that it was impu
te avoid the inquiry, wnere the real sting of im>
three million appropriation did lay, and wha' l!
was that had excited this tempest of p.issio» »'
gairst it. Aud 1 thought the line motive »«•
di-wernahle in that unanimous vote of twe** 1 ’
tired aud seventeen ayes iu the House, lirtsa -
dntg that the execctmou of the treaty sto'iik!*
iusisted on. That vote, however, onrloey
then, or now, had beeu neither uttsceu nor mat'
ll w .s uot ouly a departure from the do ntthirf
policy of the Senate, but might be felt to couut' J
a pungent though tacit rebuke upou that P ari, - !
tic p.»;iey. The three inilliou appropriation **
the complement aud efficient energy of the °*
ittous vote of the preceding day. i lud V ‘ , ' L
exclusively tho act of the House. . In« *PI^
priatioti required the concurring vote o, the
ate, anil that vole would have made the *
tho unwilling accessory to implied censure
its own quietism uuder foreign wrong* g,
of the House could uot he nullified. h“* ‘ ’ j
c.ent opera ion might be unnerved by th® s
of tha appropriation ; aud so the bloodies E ^
of Executive dictation, and map
servility, were conjured up; and 110 °^.. l0 re
arrogance of votes to adhere. <& ^ 1Ifr
mind, were substituted tor the defirt e,,r ) 0
reasons for refusing tho appropriation.
Great horror was manifested at th® *i
ami mau worship of appropriating ^
millions, and that was the source 0 . n|Cl jj
li'iant message to remind. ITrhsp*. r j a u*«
speaking, the bill containing thatapP ' ^ j;
diil fail iu tho House : Intt if it da *•
failed before the appointment ot 11,8 j^tta-
of conference, its death blow »v® s j, ,ld
rial vote to adhere. It tailed. • 1CI ‘ j a ^’
p'ease'the Senate, iu their wisdom t8CJ ^
ism. to strike out that appropriation.^ ^
away the whole fortification bill to nrt jctt!*
single item. Between that day loCC 4i!
wo have all hatl time to suffer owft* 1 ;, he *4
down. lie had submitted iu 5l 'r!i, g eU >tt.“
temper manifested ou the part ol * ( (|U | V tt
Tli it bail temper tvas manifestc, „ „ se i;ti'
the President, but to the llous3 0 . with **’
lives. I fit had not been now ren ' ,, ell t ah*W
doubled vigor, ami by the Ira,,s , r t u. gena* 8, *
which belonged to those tvho lea 0 f ptad
would have remained silent for * . ‘ j, ar ges. c “’
and harmony; but now, under sU , • ■, „in« #f
forced with all the arguments mW ’ illJs cft
months of mediation could bring . forth _
highest order—when such c bti'cj elir esiita ,,T ;
the nation, accusing the House • ^ ff&
- „,.„nniracV W ,u * ... jjlefll
of an unconstitutional c<>us P ,r . aC ' rre ipaii' s
dent on that hill, he could no ' (,1 V s0 that!,
He therefore moved the reso (( |te n **L
house might not trust entirely * . ^ bu* L
facts which he had sulmutte * , report 10 .,
the committee might inquire * (circlin' 5
House what were the true carnes ^,,
cos which produced ti'° iat* ,,rP