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JUNE 10, 1834.]
Adjournment--Roman Catholic Church, St. Louis.
(H. OF R.
were commensurate with my zeal, I would raise my voice The question was now put on the motion of Mr. Milto such a pitch of remonstrance" against this cruel in Lor, to lay the memorial, resolutions, and amendment, on justice to a generous people, this mischievous policy of the table. those in whom that people have confided, this flagrant The resolutions and amendment were then read at the outrage upon the laws and constitution, that it should Clerk's table. reach every log house beyond the mountains.” I would Mr. FILLMORE inquired whether the question was say to the inhabitants of this land, to its utmost borders, divisible? rise in your majesty and sovereignty, and hurl from his The CHAIR decided that it was not. place of power every public man within the reach of a The yeas and nays were then called, and stood as fol. ballot box, who has sought to perpetrate these atrocious lows: evils upon the body politic, or who has been supine and YEAS---Messrs. John Adams, William Allen, Anthony, inactive whilst others have been guilty of their perpe- Beale, Bean, Beardsley, Beaumont, Blair, Buckee, tration! But, sir, as I cannot be heeded by the nation Bodle, Bouldin, Brown, Bunchi, Burns, Bynum, Cam. beyond the district of my own constituents, I would speak breleng, Carr, Casey, Chaney, Chinn, Samuel Clark, with a "still small voice" to those who are near me. In Clay, Coffee, Cramer, Day, Dickerson, Dickinson, Dunmy present relation to the President, I cannot conde- lap, Forester, William K. Fuller, Fulton Galbraith, scend, as an independent representative of a people yet Gillet, Joseph Hall, Halsey, Hamer, Hannegan, Joseph free, to offer an apology for the course I have been driven M. Harper, Harrison, Hathaway, Hawkins, Henderto pursue by the late measures of the Executive. I claim son, Howell, Hubbard, Abel Huntington, Inge, Jare rather an atonement from the man whom I supported for vis, Cave Johnson, Benjamin Jones, Kavanagh, Kinnard, the presidency for such acts of misrule. But if I were Lane, Lansing, Laporte, Luke Lea, Thomas Lee, Leapermitted to expostulate with him, as still a sincere per- vitt, Loyall, Lyon, Lytle, Abijah Mann, Joel K. Mann, sonal friend, I would warn him to “shake off the serpent Mardis, John Y. Mason, Moses Mason, McIntire, McKay, from his hand, ere poison and death ensue from the bite McKim, McKinley, McLene, McVean, Miller, Henry of the reptile!”
, Robert Mitchell, Muhlenberg, Murphy, Osgood, I will say to my personal friends in the administration Page, Parks, Parker, Patterson, D. J. Pearce, Franklin ranks: “I am no deserter, and have a right to speak to a Pierce, Pierson, l'olk, Pope, Schenck, Schley, Smith, brother soldier. It is true I have left your camp, not be. Speight, Standefer, Stoddert, Sutherland, William Taylor, cause I disliked the corps to which I belonged, but be. Francis Thomas, Thomson, Turrill, Vanderpoel, Van cause there were vermin there; and I enlisted under the Houten, Wagener, Ward, Wardwell, Webster, Whallon, banners of the Old Chief' to fight for my country, and C. P. White-105. not against her most sacred institutions and dearest rights. NAYS-Messrs. Jolin Q. Adams, Heman Allen, John I call upon you who are faithful to him to save the time. J. Allen, Archer, Ashley, Banks, Barber, Barnitz, Bar. honored warrior from the deep damnation of the bitter ringer, Baylies, Beaty, James M. Cell, Binney, Briggs, curses of an injured and insulted people, groaning under Bull, Burges, Cage, Chambers, Chilton, Choate, William the pillaging policy of orderly sergeants,' reckless alike Clark, Clayton, Clowney, Corwin, Coulter, Darlington, of the country's welfare and of the President's popularity, Warren R. Davis, Davenport, Deberry, Deming, Denny, enriched with the spoils of victory,' and Aushed to mad- Dickson, Duncan, Evans, E. Everett, H. Everett, Ewing, ness with the intoxication of repeated triumpbs!" Felder, Fillmore, Foster, Philo C. Fuller, Gamble, Gar
Sir, I will say to members, of whatever party, land, Gholson, Gilmer, Grayson, Grennell, Griffin, Hiland “ Show to the world that if there are too many who love Hall, Hard, Hardin, James Harper, Hazeltine, Iliester, to be tempted to forget their trusts, by a well-managed Jabez W. Huntington, Jackson, William Cost Johnson, venality, there are a few who find a greater satisfaction in King, Lav, Lewis, Lincoln, Martindale, Marshall, Mc being thought beyond its influence."
Carty, McComas, McKennan, Mercer, Milligan, Moore, I will say to the people: “Ho! every patriot to the Peyton, Pinckney, Potts, Ramsay, Reed, Rencher, Selden, rescue!" And, "if the st comes to ihe worst," 1 Aug tine H. Shepperd, William Slade, Sloane, Spangler, would put up to the God of nations the prayer of War. Steele, William P. Taylor, Philemon Thomas, Tompkins, ar's last champion
Turner, Tweedy, Vance, Vinton, Watmough, E. D. "O. Heaven! my bleeding country sare!"
White, F. Whittlesey, Elisha Whittlesey, Wilde, Williams,
Wilson, Wise, Young--97. Wlien Mr. Wise had concluded,
On motion of Mr. C. P. WIUTE, Mr. PEYTON replied, and closed by calling for the The House then adjourned. reading of the amendment he had proposed to the resolu. tions at the time they were offered. Mr. MILLER moved that the memorial, resolutions,
TUESDAY, Juxe 10. and amendment be laid upon the table.
ADJOURNMENT. Mr. WILDE moved a call of the House; which being The rule being suspended for the purpose, the House agreed to,
proceeded to the consideration of the amendment of the The House was called, and one hundred and eighty-five Senate to the resolution fixing a day for the adjournment members answered to their names.
of Congress, making said resolution read, « close the Mr. WHITTLESEY then moved that further proceed- present session of Congress, by an adjournment of their ings in the call be suspended,
respective Houses, on Monday, the 30th June, instant, On this motion Mr. MANN, of New York, demanded instead of “ June next,” as in the form in which the re the yeas and nays; which being ordered, Mr. WHITTLE solve went from this House. SET withdrew his motion,
The said amendment was agreed to. The doors were then closed, the names of absentees called over, and excuses received in their behalf.
ROMAN CATHOLIC CHURCH, ST. LOUIS. Repeated attempts were made by Mr. Wilde and Mr. Mr. POLK, from the Committee of Ways and Means, J. K. Marn to bave the call suspended, which at length to which was referred the bill passed by the Senate, for succeeded: Yays 117; nays 63.
the relief of this church, at St. Louis, Missouri, said he Mr. BEARDSLEY moved to adjourn. The eas and was instructed by them to report that the bill be rejectnays being demanded, and taken, resulted as follows: ed; and he moved that the bill and report shoulä be Yeas 79, nays 115.
H. OF R.]
(JUXE 10, 1834.
Mr. ASHLEY desired some information as to the mo Resolved, that the vote of Rowland Shields ought to tive of the committee in recommending the rejection of be counted for Mr. Moore on the Lincoln poll-book, it the bill.
having been wrongfully stricken off by the judges of the Mr. POLK repeated that the committee had reported election. that the bill should be rejected, and said that, as it would Resolved, that the vote of John Brady be taken from be printed, the honorable member might hereafter satisfy Mr. Letcher's poll, and counted on that of Mr. Moore, the House, if he could, as to the propriety of granting the on the ground that he had in the first instance, bona fide, relief sought for.
and without mistake, voted for Mr. Moore. The bill was then ordered to be printed, and commit. Mr. POPE proposed to modify his amendment by addted to a committee of the whole House.
ing several names to those whom he proposed, by the Mr. MERCER obtained leave to submit the following amendment, to strike from the poll of Mr. Letcher. resolution, which he proposed as an amendment to the Mr. BANKS, who was entitled to the floor when this standing rules of the House, and which lies on the table subject was last under consideration, replied, in detail, to one day (by rule) for consideration :
the argument heretofore made by Mr. Pope in support of Resolved, that the following rule be added to the his amend nent. standing rules of this House: When any motion is de. Mr. P. DICKERSON said: Mr. Speaker, I must ask pending before the House, whether of the nature of an the indulgence of the House for but a few minutes, whilst original resolution or bill, or be an amendment thereof, I express my views of the subject now under discussion. it shall be in order for any member, entitled to the floor, It is now proposed further to amend the original resoluto move “ that the debate on such motion shall cease;" tion, by striking out of the list of voters the names of and, if this motion be seconded by a majority of the some persons who are alleged to have been minors at the House, it shall be put without furiher debate; and, if time of the election. I shall vote against this amendment adopted by the House, the motion depending shall be for the same reasons that I have heretofore voted against put without further delay; provided, that a call of the all the amendments which have been proposed. House may be received prior to the final vote thereon. The object of the present inquiry and discussion is to
On motion of Mr. R. M. JOHNSON, the bill further to ascertain the person entitled to represent the fifth conextend the time for the purpose of enabling revolutionary gressional district of Kentucky upon this fioor. The resoldiers to locate military land warrants, was taken up: sult of that inquiry should be a resolution declaring the
Mr. VINTON remarked that, as it was on his motion person entitled to the seat. The committee bave reported the bill had been laid on the table, he desired to explain, such resolution, declaring that Thomas P. Moore is entithat he had made that motion for the purpose of moving tled to the seat. And I contend that, according to the an amendment, giving to the persons entitled, the same correct course of proceeding, and to all precedents, no privilege (taking out scrip) that had been extended to proper amendment can be proposed to that resolution, other revolutionary soldiers; but, as the honorable mem- except to strike out the name of Mr. Moore, and insert ber from Kentucky thought, if he now proposed his that of Mr. Letcher. I therefore have voted against all amendment, the passage of the bill might be embarrass- the amendments which have hitherto been proposed, and ed, he would abstain from offering it.
shall continue to vote against all of a similar character The bill was then, on the suggestion of Mr. WHIT. that may be hereafter proposed. TLESEY, verbally amended, and ordered to be engross Before I can vote for an amendment to any resolution, ed, for a third reading to-morrow.
I must be first satisfied, not only that the principle conMr. VINTON obtained leave to offer an amendment, tained in the proposed amendment is correct, but that it to be printed; intimating that it was his intention to pro- is proper to add it, by way of amendment, to the original pose to add it to the bill prohibiting the issue of notes resolution. The term amendment implies that the propounder $10, by the corporations of Washington, George. sition proposed to be amended is imperfect, either in town, and Alexandria, when that bill should be taken up form or substance. It cannot be pretended that the pres. for consideration,
ent resolution is defective in form; and if it be wrong in The proposed amendment was ordered to be printed. substance, it is in respect to the person named therein,
Mr. WILSON asked the consent of the House to sus. and not otherwise. I therefore insist that no-sufficient pend the rules, for the purpose of presenting, without reason can be shown why the several amendments which debate, memorials and petitions, which lay over. have already been adopted, or that which is now pro
The House refused to suspend the rules, and pro- posed, should be attached to the original resolution ceeded to the special order of the day, being the con- reported by the committee in this case. sideration of
Permit me to call the attention of the House to the
form which their resolution, with the amendments, will THE KENTUCKY CONTESTED ELECTION.
present, when completed according to the present plan. The question was upon the amendment moved by Mr. The original resolution declares that one of the candiBanks, to the resolution reported by the Committee of dates is entitled to his seat. This settles the question Elections, as proposed to be amended by Mr. Pope, as fully and definitively, and concludes the whole subject. follows:
We shall then have, by way of amendment, a number of Resolved, that the votes of A. Kavanagh, George propositions containing the very matter which should be Elliot, jr., Moses Bryant, Jolin Shipman, Shelton Harris, the basis of the arguments in support of the original resoJohn Floyd, Jeremiah Anderson, Garrit Norris, John D. lutions, but which, to my view, appear entirely misplaced Stone, M. B. Morely, William Woolsey, Cornelius Nee-when used as amendments to that resolution. vis, James Moorman, Robert Figg, John Cornett, and As to precedent, I have examined the journals of the George Callett, be stricken from Mr. Letcher's poll, it proceedings of this House, from the formation of our having been proved that they were minors at the time of Government to this time; and I believe that no precedent the election.
can be found to justify the present course of proceedingResolved, that the votes of William Gwinn, John Mc- In similar cases, the resolutions are almost all reported, Coy, and William Wright, who voted in Garrard and and adopted in the simplest form, declaring who is entiLincoln counties; and of Greenbury Peyton, and William tled to the seat. Welsh, who voted in Jessamine county, be stricken from I find, however, two cases in which efforts were made Mr. Letcher's poll, it having been proved that they were to attach to the resolution some qualification of a similar not citizens of Kentucky at the time of the election, character to those now proposed. In the case of the con
JUNE 10, 1834.)
(H. OF R.. tested election in 1807, between William McCreery and Mr. MOORE mentioned certain votes upon which he Joshua Barney, of Maryland, the Committee of Elections wished the question to be taken separately. inade a report in these words:
Mr. SUTHERLAND, after adverting to the late period “ Resolved, That William McCreery, baving the great of the session, the press of important business, and the est number of votes, and being duly qualified, agreeably impossibility of arriving at any result this session, if we . to the constitution of the United States, is entitled to his went on in this way, strongly urged the House to meet the seat in this llouse."
question at once, and decide, from the facts before them, The Committee of the Whole House, after argument, which of the claimants is entitled to the seat. struck out the words “having the greatest number of Mr. BURGES suggested that, if the previous question votes, and being duly qualified, agreeably to the constitu- was resorted to, we should have to decide, without furtion of the United States, by a vote of 70 to 37. A mo- ther investigation, whether Mr. Letcher was elected by tion was then made to insert the words, “by having the a majority of twelve votes or not. The gentleman from qualifications prescribed by the laws of Maryland,” after Pennsylvania did not probably intend to invite the House the words William McCreery, but it was negatived by a to vote Mr. Letcher in, and it would be still more extravote of 92 to 8; and the resolution, in its simple form, ordinary if he wished them to vote for Mr. Moore. was adopted by a vote of 89 to 18. In this case, the Mr. FOSTER wished, he said, to decide the question matter which was proposed by way of amendment must to-day, and he would sit here with a majority of the have been true, and yet the House decided, and I think House till midnight for that purpose. Let us, said he, correctly, that it should not form a part of the resolution, appoint two tellers, and take the question on each innor be inserted by way of amendment to the same. dividual vote. In this way we could ascertain who was
A similar course was pursued in the case of Philip B. elected. We could not vote upon all the names in mass. Key, of Maryland, whose election was contested by some That would be to guess at a result. of his electors, in 1808. In that case the resolution Mr. SUTHERLAND made a few remarks in support reported was, “ That Philip B. Key, having the great. of his previous suggestions. est number of votes, and being qualified agreeably to Mr. MARSHALL submitted a substitute for the propthe constitution of the United States, is entitled to his osition of Mr. Pope, including in the substitute the seat in this house.” The House struck out the words several names proposed to be excepted by himself and by " having the greatest number of votes," &c. by a vote of bis colleague, (Mr. Pope.] 79 to 28, leaving the resolution in its most simple form, Mr. FILLMORE suggested that the readiest mode of which was adopted by a vote of only 57 to 52. These arriving at a correct result, would be to take the question two cases show the practice in this House, and, I think, upon each name separately. establish the true rule: that the resolution in such cases Mr. LANE said it was perfectly apparent that we should express only the result of the investigation, and might go on till the end of the session with this discusnot the grounds or arguments which have led to that result. sion, without obtaining & decision of the question. As These are iny views upon the subject, and such as have few gentlemen appeared now to be prepared to act on governed my votes upon this occasion. But as it appears this subject, he moved the postponement of its further that a majority of the House are disposed to adopt a dif- consideration till to-morrow week. ferent course, and in fact to argue this question by taking Mr. LYTLE said the discussion had gone to an extent the ayes and noes, ! certainly do not feel disposed to which must satisfy any one that the House, having left interfere with their views. But I would respectfully sub- the principles of the committee, will take at least three mit that a due respect to former precedents, and to the months before they arrive at a conclusion. Believing forit of your resolution, would require that, after the that the House was as well prepared now as it would House shall have finished the discussion by taking the ever be to decide the question, he called for the previo ayes and noes upon the several proposed amendments, ous question. they will restore the resolution reported by the committee Mr. WILDE asked what would be the effect of the to its original simplicity of form, either by the operation previous question? of the previous question, or by such other course as may The CHAIR stated that the effect would be to obtain beller suit the feelings of the House.
the question on the original resolution reported from the Mr. HARDIN opposed the amendment by a few re- committee, as amended by the House. marks.
Mr. HUBBARD made some remarks on the point of Mr. POPE made a further explanation of his views in order. offering the amendment. The House having, by its for Mr. MANN, of New York, asked whether the Chair mer votes, gone behind the doings of the committee in bad decided that the previous question would not cut off favor of one party, should give similar benefit to the other. the amendments which had been adopted? Por himself, he was originally opposed to the course. The CIAIR bad so decided. But it having been adopted, the principle ought to be Mr. MANN hoped, then, that the motion for the preimpartially applied. Mr. P. went into an explanation rel- vious question would be withdrawn. ative to the names contained in his proposition, by refer Mr. LYTLE said he would withdraw it for the present. ring, in detail, to the printed testiinony. Mr. P. conclu Mr. LANE withdrew the motion to postpone. ded by modifying his amendment, by striking off three The question then being on the substitute offered by names contained in his amendment as originally offered. Mr. MARSHALL
Mr. MARSHALL, after some remarks, moved to amend Mr. MARSHALL said he would withdraw it, and of the amendment by striking off certain names from the fer it in paragraphs, as amendments to the proposition of poll of Mr. Moore.
his colleague, (Mr. Pore.] Mr. MOORE, of Virginia, suggested that the question The question being then on Mr. Pore's amendment, had better be taken first on the proposition of the gentle- it was taken separately on each name. Iban from Kentucky, (Mr. Pope.)
The question of striking off the name of A. Kavanagh After some conversation between Messrs. Handix, from the poll of Mi. Letcher was taken by yeas and Pops, MARSHALL, and C. Allar, as to the mode of pro- nays, and determined in the affirmative: Yeas 151, nays ceeding,
50. Mr. MARSHALL withdrew lis amendment.
The names of George Elliott, Jun., Moses' Bryant, Mr. JONES, of Georgia, made some statements and John Shipman, and L. Harris, were also severally stricken Esplanations relative to the names of voters in the amend- off. mcnt. Vol. X.--278
H. OP R.]
[JUNE 11, 1894.
The question being taken by yeas and nays, on strik Mr. CLAY supported the decision of the Chair, and ing off the name of John Floyd, it was determined in the called for the reading of the thirty-fifth rule of the House; negative: Yeas 48, nays 143.
which was read. The question was then taken upon striking off the Mr. LYTLE made some remarks, which were replied name of Jeremiah Anderson.
to by Mr. MERCER. After some observations by Messrs. HARDIN, FILL The question was further debated by Messrs. Wilde, MORE, LANE, S. Joxes, MERCER, J. Iarrer, Vinron, Thomas, Vixton, SPEIGHT, Foster, LYTLE, McKersan; McKINLEY, and GILMER,
when Mr. LYTLE moved the previous question.
Mr. MERCER withdrew the motion to reconsider, and Mr. HUBBARD inquired what was the main question, his appeal. and whether it was divisible?
Mr. McKENNAN asked if it was in order to call the The CHAIR stated the main question to be upon the attention of the House to the fact that, according to the adoption of the resolution reported by the Committee of amendments adopled by the House, Robert P. Letcher Elections, as amended by the House, and explained how bad a majority of the votes, and was therefore elected. far it was divisible.
The CHAIR pronounced that it was not in order. The previous question was noi seconded: Ayes 100, The reading of the resolutions, as amended, was called noes 102.
for; and they were read. Mr. BURGES moved the House adjourn; but, on the Mr. MARSHALL asked that the statements of the ayes and noes being ordered, he withdrew the motion. deductions from votes, &c., should be read from the re.
Mr. ANTHONY renewed the motion to adjourn; upon port of the Committee of Elections. (Loud cries of which the ayes and noes were ordered.
order.] The motion was lost: Ayes 66, noes 145.
The CHAIR decided that it was not in order, as it was Mr. S. JONES demanded the yeas and nays on striking in the nature of argument. out the name of Anderson; which were ordered.
Mr. MARSHALL appealed from the decision of the The motion to strike out was negatived: Ayes 92, noes Chair. 103.
The question being taken on the appeal, the decision The previous question was again demanded by Mr. of the Chair was sustained. LYTLE.
The question then being, “Shall the main question be Mr. MCKENNAN inquired whether, if the previous now pui?" it was taken by yeas and nays, and determined question was sustained, it would be in order to substitute in the negative: Ayes 108, pays 112. the name of R. P. Letcher for that of T. P. Moore in Mr. HARDIN moved the House alljourn; which was the resolution,
carried. The CHAIR explained, that, if the House negatived The House then adjourned. the resolution declaring Mr. Moore entitled to the seat, it would be competent to offer another, declaring Mr. Letcher entitled to it.
WEDNESDAY, JUNE 11. The call for the previous question wag sustained: Ayes Mr. WATMOUGH, from the sclect committee on the 105, noes 96.
subject, reported a resolution that Friday and Saturday Mr. MARSHALL moved a call of the House. Mr. HARDIN demanded the ayes and noes on that for equalizing the pay of the navy, &c. The adoption of
week should be set apart for the consideration of the bill question.
the resolve was opposed by Mr. VANCE, Mr. GILLET, The call was ordered: Ayes 119, noes 85.
and Mr. MARDIS, who objecied to giving precedence to 216 members answered to their names.
this business; and, notwithstanding the zealous endeavor Mr. WARD then moved the suspension of the call. Mr. HARDIN demanded the yeas and nays.
of Mr. WATMOUGH to prevent it, the resolution was order
ed to lie on the table. Mr. WARD then withdrew bis motion. The call then proceeded.
OHIO BOUNDARY. After various members had been excused
The bill from the Senate, to settle the northern bour. Mr. MANN moved the call be suspended; on which, dary line of Ohio, coming up for a third reading,
Mr. HARDIN called for the yeas and nays; which Mr. ALLEN, of Ohio, moved that its consideration were ordered.
should be postponed until Thursday week, and for which The suspension of the call was carried: Ayes 129, it should be made the special order. noes 85.
Mr. LYON moved to refer it to the Committee on the The question, “Shall the main question be now put?" Judiciary: was propounded.
Mr. ALLEN, then rose, and, in support of his own Mr. HARDIN moved the House adjourn, and de. motion, in opposition to the motion, and in answer to the manded the yeas and nays; which were ordered. remarks of Mr. Lyon, said:
The motion to adjourn was negatived: Ayes 59, noes 152. Mr. Speaker: I shall oppose the reference of this biJI
Mr. MERCER inoved to reconsider the vote he had to the Judiciary, or any other committee; not that I angiven to strike out sundry votes from the poll of Mr. ticipate a report unfavorable to the bill, but because such Letcher.
a reference, in whatever report it may finally result, The CHAIR decided the motion was not in order, the whether in favor of or against the bill, must, in either House having sustained the previous question), wbich was event, prove equivalent to its absolute rejection. of a higher order of privileged questions.
The period for the adjournment is already fixed, and Mr. MERCER appealed from the decision of the Chair, near at band. An iminense mass of business, which has and supported his appeal at length.
been accumulating for six months past, is yet unfinished, Mr, W. R. DAVIS inquired whether the vote, the re- and must necessarily be crowded into the iwenty remainconsideration of which was moved, bad been given before ing days of the session. or after the previous question was moved.
It is evident, therefore, that the bill, should it be reThe CHAIR said the vote was given before the pre- ferred, cannot return in time to receive the action of vious question was moved.
this body. Of this the honorable gentleman from Michi. Mr. E. EVERETT asked for the reading of the forty- gan must be aware, and if so, it will be difficult for him to first rule; which was done accordingly.
assign any other motive for this motion, than a desire to
JONE 11, 1834.)
[H. Or R.
achieve the defeat of the bill-not, indeed, by invoking the leave the subject only where the committee found it, attention of the House to the facts upon which the bill then, sir, such a reference must be not only unnecessary, is predicated, or its judgment upon the question arising but necessarily absurd. from those facts, but by anticipating both, and giving to That such, and such alone, would be the result of a ref. the bill a direction so circuitous and dilatory as to render erence of a bill to a committee, and such their report, it impossible for the House to regain its possession, much upon it, I shall now proceed to show, by pursuing, briefly, less to discuss its merits, during the present session. the process through which this subject has passed from
Sir, I regret that, whilst the question now before the its first inception in this House to its maturity in the form llonse thus evidently involves the fate of the bill, as of the present bill. much so as if it were the question upon its final passage The application of the Territory of Michigan for ador rejection, yet that I am precluded, by the mere form inission as a State into the Union, was, at the commenceof the question, from entering upon the discussion of its ment of the present session, referred, in the distributive merits,
order of business, to the Committee on Territories of this I regret, too, that the House, should the gentleman's flouse. As it was evident that a bill providing for the motion prevail, will have inflicted upon Ohio the deepest aclmission, must necessarily define the boundaries of the injustice, without having had the opportunity of know. contemplated State, and consequently present to this ing the extent of the injury, or having first allowed the House the very question which it is the purpose of the State even the common privilege of discussion.
present bill to settle, the delegation from Ohio requested The gentleman from Michigan bas based his chief ar- my honorable friend and colleague [Mr. Vixton) and gument, for the reference of the bill to the Judiciary myself to appear before the committee to submit the views Committee, upon the assumption that such a reference and guarı ile interests of our State; and, in so doing, to is the regular, and only regular, parliamentary course. prevail, if possible, with the committee to prescribe the The assumption is untrue, and the argument dependent southern boundary of the intended State, in accordance upon it, therefore, necessarily unsound.
with the rights of Ohio. When a bill, originating in the Senate, passes that In obedience to this request, my colleagle and myself boly and comes to this, the only arbitrary rule for its dis- didappear; but not alone; the gentleman from Michigan also position is, that it shall receive the action of this House, appeared. And there, sir, with the indulgent permission of not in any one particular, but in some one of many forms. the committee, the question of boundary was fully and amIt may be retained in the House, and there disposed of, ply discussed. Every public act and official document, in any one of several modes; or it may be referred or either directly or indirectly affecting the question, from committed; and if so, to the Committee of the whole the original acts of cession by Virginia, and the ordinance House, to the appropriate standing committee, or to a of Congress of 1787, down to the memorials of the Legis. select committee, raised for the especial purpose. Jature of Ohio and the Legislative Council of Michigan of
Whether a b:ll shall be thus retained in and abide the the present year to Congress, were exhibited to the com. pleasure of the House, or committed to the one or the mittec, illustrated by, and imbodied in, the arguments of other of these three several classes of committees, must either party. The various maps of the country, necessary depend upon the peculiar circumstances attending each to an understanding of the real question in controversy, particular bill. It must depend upon the nature of the were also produced, and explained in the discussion. The subject which the bill embraces; the character and im- arguments on both sides were, in their full extent, ultiportance of the questions and principles it presents; the mately reduced to writing; and they, together with all the magnitude of the interests involved in its fate; and, in material public and official acts and documents to which some degree, upon the period of the session at which the they referred, were subsequently printed and imbodied bill comes to the House. And this is equally true of every in a volume of a hundred pages, submitted to this House class of bills, except such as impose a tax or charge in the report of the Territorial Committee, and laid upon upon the people, or provide for the appropriation of the desk of each member. money, and wbich are required by the rules to be de.
The bill reported by the committee, providing not for bated first in the Committee of the Whole House. the admission of the Territory into the Union, but for ta
In the discussion of the gentleman's motion to commit king the census, as preparatory to such admission, did this bill to the Judiciary Committee, the first question is: not present the question of boundary between the State Do there exist any facts or circumstances, connected with and ihe Territory. the subject matter of the bill, or will there arise in the In the meantime, however, the bill which is the subdiscussion, any question involving principles which ren-ject of the present motion originated in the Senate, and der it necessary, before such discussion, to commit the was there referred to the Judiciary Committee of that bill to any committee at all; and, if so, to the Judiciary body. And now, sir, I ask the attention of the House to Committee in particular?
the part which the honorable gentleman from Michigan The only remaining question is: Will the louse, sup- acted upon that occasion, He did not then offer any obposing no such necessity to exist, nevertheless refer the struction to the progress of the bill; nor did he then dis. bill, when such reference must result in its rejection, and pute the power of Congress over the subject; declare the such rejection in doing injustice to a sovereign State? question exclusively judicial, and that it therefore fell
In examining the first of these questions, I shall lay it within the orbit of the federal judiciary. No, sir; but, in down as a general proposition, that if the question of the rapturous anticipation of a result favorable to the preboundary which this bill involves is already presented to tensions of his Territory, he addressed a letter to the the House, as fully, as fairly, and as little obscured oen- chairman of the Senatorial committee, congratulating him. cumbered by extrinsic circumstances or immaterial facts self upon the course the bill had taken, and upon the disas it can ever be presented by a committee were the bill interested justice of the committee who had it in charge. referred; if the House is now in possession of every thing In the concluding paragraph of that letter the gentlenecessary to fix its attention upon the only question, man says: “ The settling of the construction which Conwhich the bill submits, and to aid its judgment in the gress inay now give to that part of the fifth article of the solution of that question; if the committee could do ordinance, which relates to the formation of one or two nothing more than to report for or against the bill, with states in that part of the Northwestern Territory lying out finding an additional fact or argument for the one or north of an east and west line drawn through the southern the other, of which the House is not already in the pos extreme of Lake Michigan, is a subject of such vast and session; if, in a word, the report of a committee could vital importance to the prosperity and interests of both