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H. OF R.)
Case of R. M. Whitrey.
(FEB. 13, 1837.
amined as to the truth of the excuse; if a good one, there Mr. GHOLSON would answer the gentleman by is an end of the whole proceeding, and the accused is in- telling him what bis object was in offering his resolution. stantly discharged.
He had understood this whole proceeding against Mr. There can be no necessity for a committee to report Whitney to have grown out of his refusal to appear be. rules of proceeding. Let us come at it, at once, by fore the committee; for which refusal he (the witness) permitting the defendant to call witnesses to the bar of had assigned certain reasons, then before the House. the House, to prove the truth of his excuse.
Now, Mr. G's object was to have witnesses examined to Sir, (said Mr. L.,) if one half the desendant has inquire, on the part of the House, into the truth of the stated be true, in relation to what took place before the facis or statemenis set forth by Whitney to the House, committee, to his mind, the said R. M. Whitney, the de and given by bim as his reasons for refusing to obey the fendant, would not only stand blameless before this summons of the committee. If the House should think House and the nation, but in all things justified. Tbat the reasons good, why, discharge him. If the House he held obedience and protection go together; the one should be of opinion, however, that the reasons were inwithheld, and the other ceases. That he beld no one sufficient, why, they would not discharge him. This was ought to be called upon to appear before a hostile and the quickest, readiest, and most simple way of reaching armed tribunal.
the point. Moreover, Mr. G. was as willing that the con. Mr. CALHOON, of Kentucky, said he had but a duct of a member of that House should be inquired into word or two to offer. It seemed to him that when as that of any other American citizen. the two propositions were gravely considered, there Mr. CALHOON should not be disposed to go into an could be no difficulty in the minds of gentlemen inquiry as to the truth or falsehood of any statement as to which ought to be adopted. What were the which this witness bad made. He considered that it le facts? Mr. Whitney had been brought to that House was not a proper course to go into an investigation of upon a resolution charging bim, or rather which requir. the conduct of members of ibe select committee. The u ed him to answer in regard to an alleged contempt committed by him against that House: in the first place, in mittee, whose duty it should be to report a mode of !
proper course, he thought, would be to appoint a com. failing to appear before one of its committees, when proceeding before the House. But if gentlemen saw summoned for that purpose; and, in the second place, in proper to inquire into the conduct of members of that regard to a letter written by him to the committee, which House-into their object in certain transactions, and into is supposed to contain an insult.
the object of the Speaker in appointing members of the Well, he had been brought to the bar of the House; that House on committees, who were not proper persons and what was then further proposed to be done? It was for witnesses to appear before-he had no objection to it. proposed by the gentleman from Massachusetts (Mr. Mr. HARDIN would vote for the original resolution Lincoln) that a committee should be appointed to in and against the amendment. He had been trying to quire into the mode proper for the House to pursue in bring himself to support the amendment, but could not regard to the investigation of these facts. The other
On last Friday, after a lengthy debate, they had proposition of the genileman from Mississippi [Mr. directed the Speaker to issue his warrant to take that Gholson) proposed that they should proceed at once individual into custody, and bring him before the bar of to the eximination of witnesses. Now, upon what the House; and Mr. H. thought that was the identical subject did the gentleman propose to hear witnesses place to hear him. This witness now proposed giving Mr. Whitney bad sent to the House a letter, which Mr.
his reasons why he had not appeared before the com. C. had not heard read, but which he understood to con. mittee; and why not hear him.Gentlemen had urged tain charges against members of another committee, and upon the House the necessity of sending this subject that he was unwilling to go before the committee which back to a committee. Well, suppose it was sent 10 a bad summoned him unless the House would pass an order committee, the witness would have to appear before that the members of that committee should not be armed. that committee; and how could he appear before a comHe states that he is unwilling to go before that committee mittee when he was in the custody of the Sergeant-alunless the House pass such an order, but that he was wil. arms! ling to go before a magistrate, and there swear his answers Mr. LINCOLN explained that he had merely brought to such interrogatories as the committee may file. Now, this subject to the consideration of the House, and that suppose the last gentleman's (Mr. Gholson's) proposition he had no personal feelings on the matter. should be adopted, where would the inquiries extend? Mr. MANN, of New York, did not mean to insinuale Would they not extend direcily to the fact as to whether that the gentleman from Massachusetts had been operathis committee should be armed or not? And as to ted upon by any sinister motives. whether this committee was a safe tribunal for a witness Mr. BELL presumed it was the intention of every to appear before!
Mr. C. would ask whether such an gentleman to have this question put in such a situation offer was not, of itself, an insult to the American Con.
as to despatch it as speedily as it could possibly be dune, gress? What! was it a proper subject of inquiry, with justice to the individual who had been brought to whether the Speaker of thal House bad constituted a the bar of the House, and to the House itself. The committee that met armed to the teeth? Surely the gentleman from Mississippi [Mr. Gholson) proposed gentlemen did not mean to institute such an inquiry as immediately to proceed to the examination of witnesses; that!
but that gentleman must see that the proposition of the Again: should the proposition of the gentleman be gentleman from Massachusetts (Mr. Lincoln) would not adopted, might it not happen that, instead of inquiring interfere with his proposition. Mr. B. wished to im; into the alleged contempt committed by Mr. Whitney, press upon the House the importance, in an economical they would be drawn off into an investigation of the point of view, of adopting the proposition of the gentle; scene that took place before another committee? And man from Massachusetts, as the House could proceed Tha', in fact, instead of going on with the inquiry against with infinitely greater despatch in this way than any Mr. Whitney, it would result in an inquiry into the conduct other. As he understood the proposition of that gen. of members of that House, not in the committee before tlemar, the committee proposed to be raised could at which he was summoned to appear, but before another once determine on the mode of proceeding without a committee! For these and other reasons, Mr. C. was delay of len minutes, and then the House would be pre. in favor of the amendment of the gentleman from Massa pared to proceed regularly with the examination of wit. chuselis.
Fes. 13, 1837.)
Case of R. M. Whitney.
(11. of R.
It would be observed, by the statement of the wit- sacrifice of all the business of the country, any further. ness himself, ihat the whole difficulty had grown out of the prisoner at the bar had told them that he wished to the fears he entertained of violence being committed be heard by counsel, and it was understood out of doors upon him by the chairman of the committee. As soon that he had selected two of the most distinguished gen. 89 a committee should be instituted, and the mode of tlemen in the country as his counsel; and if they were proceeding determined on, Mr. B. would propose to to be heard at length, as they assuredly will if the House take a step to terminate all this difficulty, which would entered upon the subject, then this question would not be to examine Mr. Whitney at the bar of the House; be settled in six solemn days; for the counsel would and, if he would state that he was really in fear of vio. occupy at least two, and each of the committee to be aplence from the chairman of this select committee, then pointed will probably speak, and then the balance, or a Mr. B. would move that the Speaker direct the Ser- certain proportion of the two hundred and forty Repregeant-at-arms to attend him, and protect him from vio- sentatives, would take that opportunity, also, to maintain Jence. Mr. B. understood this to have been the reason their rights there. The truth was, he feared that the of the witness, that he would have attended before the residue of the session would be consumed by it. Alter committee but for fear of violence; and, in that case, he some further remarks, Mr. B. concluded by moving the thought it was the duty of the House to protect a wit- substitute above. ness; and if he would state on oath that this was the Mr. ANTHONY said he had voted against the resolu. reason he had failed to appear before the committee, tion of the gentleman from Massachusetts, to bring Reu. Mr. B. would consider it the duty of the House to pro- ben M. Whitney before the House, for an alleged conlect him. He hoped the resolution of the gentleman tempt in refusing to appear before the committee of from Massachusetts would be adopted.
which an honorable member from Virginia is the chairMr. MANN, of New York, then moved to amend Mr. man; and he had done so because he did not wish, at this Gholson's resolution, by adding to the end thereof the late stage of the session, when so much important busifollowing:
ness remained to be acted on, to go into an examination "And that a committee of five be appointed by the of the embarrassing and difficult question of an alleged Speaker, to examine such witnesses on the part of the contempt of the House, by refusing to appear before House."
one of its committees; but, as a majority of the House had Mr. GHOLSON accepted the modification.
determined to bring the accused before them, he cheerMr. Liscour's amendment was then disagreed to. fully submitted to their decision.
The question then recurring on the original resolu- Whether the accused had acted contemptuously, and tion,
how far his conduct was reprehensible, if at all, dependMr. BOON reminded the House that, when this sub. ed upon the facts which would be elicited from the ex. ject was under consideration on Friday lasi, he had pre- amination of witnesses, and he was therefore opposed, dicted the difficulties that would arise. He was now at present, to the amendment of the gentleman from Inhappy to find that some gentlemen at least had changed diana, which directed the accused to be discharged from their opinion since the vote they gave that Reuben M. the custody of the Sergeant-at-arms, and would go for Whitney should be brought there. Now, would this the resolution of the member from Mississippi, and asresult, as some gentlemen had intimated and designed, certain satisfactorily such facts as would enable the House in that individual's being reprimanded by the Speaker to judge correctly of the conduct of the accused, and to At least it had not yet become matter of record; no, nor determine whether he is excusable or not in bis refusal even reduced to a certainty that it ever would be. If a to appear before the select committee. law were in existence, or should be passed, defining the Mr. A. said they could not shut their eyes to what nature of contempts, he (Mr. B.) would go to arrest any had transpired in another committee; and that the presindividual guilty of them, be he whom he might. Till ent chairman of the select committee, before which the such a law should be passed, he, however, would never accused refuses to appear, was one of the members of give his vote to bring any man before that House for the former committee, in which a difficulty arose becontempt.
tween a friend of the present chairman (Mr. WISE) and The CHAIR reminded the gentleman from Indiana the accusede and on that occasion the honorable memthat the proposition then pending did not open the whole ber from Virginia stated to this House that "the witmerits of the question.
ness had his right hand in his pantaloons pocket; that he Mr. BOON said he would submit one that should open expected him to draw a deadly weapon on his friend; the whole merits; and he sent it to the Clerk's table to that he watched the motion of that right arm, the elbow be read, as follows:
of which could be seen by him, and, bad it moved one Strike out all after the word “Resolved," and insert, inch, he (Whitney! had died upon the spot; that was " That Reuben M. Whitney, now at the bar of this his determination." House, be forthwith discharged from the custody of the He would like to know, from the witnesses who might Sergeant-at-arms."
be examined, all the facts in relation to this matter, so Mr. B. hoped, he said, when the proper time arrived, that the House might determine whether Mr. Whitney the yeas and nays would be taken on this proposition. had any apprehension of being assaulted, or bad any fear Notwithstanding the remark of the distinguished gentle: operating on his mind, sufficient to excuse him from ap. man from New York, (Mr. Mann,] that he considered pearing before the committee; he would also be able io the pitiful appropriation bills for the support of the Gov. judge, from the testimony, whether there was any good ernment as no:bing compared with the settlement of and sufficient ground for apprehension of danger on the this question, Mr. B. must be allowed to say that, when part of the witness. If he placed himself in such a situthe subject before the House was compared with the ation as to be exposed “to die on the spot," if he firmly great general interests of the country, the case of Reu- believed his life was in danger, or if he really supposed ben M. Whitney and the select committee in the room that he subjected himself to personal injury, Mr. A. said below sunk into utter insignificance. Why, there was he would never vote to bring him before that committee; one single question, in which the Western country was but if, on the contrary, it was a mere idle, vague, and uninterested, (the land bill,) that was paramount to a hun- authorized fear, and ihere was no just ground of appredred Reuben Whitney cases of this kind; nay, more, he hension, in such case the witness should be compelled to would say a thousand.
appear io give evidence. Our law's have respect to the »r. B. saw no necessity for detaining the House, at the lintention of those who violate them, and they never pun.
H. of R.)
Case of R. M. Whitney.
(FEB. 13, 1837.
ish for crime or contempt, unless there is an intentional “That the questions put shall be reduced to writing violation. By our Post Office laws, robbery of the mail, before proposed to the witness, and that the answers be where the life of the carrier is put in jeopardy, is pun. also reduced to writing. Every question put by any ishable with death; but if the carrier's life is not put in other member of the commiitee shall be reduced to wrijeopardı, the punishment is only fine and imprisonment. ring by such member, and be propounded to the witness in ihe case before us, after oblaining the evidence, we by the Speaker, if not objected to; but if any question shall be able to determine whether thie life of Mr. Whit. shall be objected to, or any testimony offered shall be ney was in jeopardy; or, if not, whether he solemnly be objected to, by any member, the member so objecting, lieves, hy going before the committee, he subjects bim. and the accused or his counsel, shall be withdrawn; aster selfio personal injury.
which, the question shall be decided without further de. When gentlemen valk of the indignity offered to the bate. If parole evidence is offered, the witnesses shall House, by the resusal of a witness to appear before one be sworn by the Speaker, and be examined at the bar, of jis committees, and exclaim that there would be an unless they are members of the House, in which case end of all investigation if such conduct is tolerated, they they may be examined in their places." only look at one side of this disagreeable question. Mr. (HAPIN said his object in offering the amend. While he admitted that all judicial and legislative tribu- ment proposed was to save time, and prevent the connals are bound, in honor, to assert and maintain their fusion which must necessarily result from proceeding rights and privileges, and to enforce obedience to all their with the trial of the accused without establishing some Jawful mandates, yet they are equally bound, by every rules to govern the action of the House. This proposiprinciple of justice and equity, to protect and shield tion accomplishes directly what the honorable gentleman every witness that comes before them from the least per- from Massachusetts (Mr. Lincoln] designed to do by sonal danger, from the slightest apprehension for his raising a committee to report foribwith a mode of prosalely and perfect security.
ceeding. We are admonished by the chairman of the Can it be imagined for a moment that a witness would Committee of Ways and Means ( Mr. CAMBRELENG) that tell the truth, the whole truih, and nothing but the truth, the important appropriation bills are in danger of being when his mind is agitated by fear, and when he is under lost by the waste of time in adhering to established compulsion and restraint? What reliance could be placed forms, and that no obstacles should be thrown in the on testimony obtained from one who considers himself in way of a prompt decision of the case before the House. danger from those before whom he is giving evidence? This amendment imbodies, substantially, the mode of It would be much better to let bim go before a magis- proceeding recommended by the committee of priviirate, and answer such interrogatories as might be pro. leges, in the celebrated case of Houston, pending before pounded to him; and the testimony thus taken would this House, in 1832. It was important to determine, have much more effect in producing conviction. Every preliminarily, by whom the prosecution should be conindividual has the natural right to protect himself from ducted; in what manner the questions should be put, insuli and injury. His life, his body, health and reputa- and the answers given; whether orally or in writing; and tion, are peculiarly within his own protection; and no by whom objections to the testimony should be arguedtribunal should have the power to violate these natural in- or the whole proceeding would lead to confusion and defeisible rights; and no man should be compelled to ap- an interminable debate. pear before any tribunal when he was placed in jeopar. Mr. C. voted against the resolution requiring Mr. dy of life or limb. If, on investigation, it should be Whitney to be brought to the bar of this House. He found that Mr. Whitney had no reasonable ground to did so, because the only evidence of the refusal of the apprebend injury, then the House could adopt such witness to obey the summons of the committee, of which course as would vindicale ils privileges and assert its the honorable gentleman from Virginia (Mr. W 188) was rights; but if it should turn out that he had good cause chairman, set forth at lengih the grounds of such refusal, to witbliold obedience to the summons of the committee, and to his mind they were perfectly satisfactory. But then he would vote to discharge him from custody. he would, for the present, waive the discussion on that
In the answer of the accused to the summons of the point; as it involved the merits of the controversy, it committee, he expresses himself as perfectly willing to would not be in order to discuss it in this stage of the answer interrogatories before a magistrate, or to appear proceeding. and answer before the committee, if they prevent the car. Mr. C. said he would conclude by asking the honorarying of dangerous weapons in the committee room. ble gentleman from Mississippi to accept the amendment This Mr. A. considered a reasonable request, from what he had offered, as a modification of the original resolubad transpired, as the witness could as fully answer in tion. this mode as if he were in the presence of the committee, Mr. PARKS said that be, as well as the gentleman because he believed the practice of similar committees from Indiana, was opposed to bringing this individual was to put all questions in writing, and receive answers before the House; but, as he was brought there, they in the same manner. But if the House should decline owed it to the gentleman himself, and to the House, to adopt this proposition, they could protect the witness, that he have a hearing. The motion pending was, that as their duty required them to do, by preventing dan. a committee of five be appointed to examine witnesses gerous weapons from entering the committee room. on the part of the House; and for ibe purpose of settling
In conclusion, Mr. A. observed that the House having the question, and of ascertaining whether they would resolved on prosecuting this subject of contempl, he was lay it aside, or go on with it, he moved the previous willing to hear all the facts and circumstances connected question. with it, and ascertain whether the accused considered Mr. GHOLSON appealed to Mr. Panks to withdraw himself in a state of duresse, and entitled to the prolec. the motion for a moment; which he did; when Mr. G. tion of the House, or wbether it was a mere pretext on accepted of the amendment of Mr. CHAPIN; and his part to avoid giving testimony before the committee. Mr. PARKS then renewed the motion for the previ. When the “truth and whole truth" should come to ous question; which was seconded by the House: Yeas light, we could act as become the dignity and honor of 97, nays 33; and the main question, having been ordered, the representatives of a free and enlightened people. was put, and carried, without a division.
Mr. CHAPIN moved to amend the modified resolu- So the resolution, as modified, was agreed to by the tion of Mr. Gholson, by adding to the end thereof the House. following:
The SPEAKER then announced the committee; and
Mr. Whitney was again brought in, the order read to committee of the House, complaining of certain proceedhim, and he put in a list of witnesses he requested to be ings, and asking the House to grant him redress. summoned.
TEXAS. Mr. UNDERWOOD rose to protest against the whole
Mr. THOMPSON, of South Carolina, presented the proceedings, from the beginning to the end. This was The first time he had ever seen an individual who was
petition of cit zens of the District of Columbia, praying put upon his trial for an alleged contempt, in which he he moved to refer to the Committee of the Whole on
for the recognition of the independence of Texas; which was about to be authorized to summon witnesses to tes
the state of the Union, and make it the order of the day tify in regard to another matter, before he has been called upon to purge himself of the contempi alleged. His
for next Tuesday week.
Mr. HOWARD moved to refer it to the Committee on idea was, that as Mr. Whitney had refused to attend be. fore a committee of the House and testify, he should be Foreign Affairs. called upon to testify, upon oath, why he did not altend
This petition, giving rise to debate, was laid over. before that committee; and, after that, if the House
Mr. LEWIS then inquired of the chairman of the should decide that his reasons were sufficient, they of
Committee on Foreign Affairs at what time they might course would excuse him, and direct him to be discharg: the recognition of the independence of Texas.
expect a report from that committee on the subject of ed; but if he did not answer, or if his reasons for not going before the committee were insufficient, they
Mr. ROBERTSON inquired if a question of this kind
was in order. would keep him in custody until he did answer. [Mr. TURRILL submitted to the Chair whether the
The CHAIR replied thal, by the courtesy of the House, w bole merits of this question were open for discuss inquiries of this kind were permitted.
Mr. HOWARD then reminded the gentleman from sion The Csare informed the gentleman from Kentucky mittee on Foreign Affairs had directed him to introduce
Alabama (Mr. Lewis] that about a month ago the Comthat the merits of the question were not now open for discussion.)
a resolution calling on the President of the United Mr. U. continued. This witness had stated his wil
States for information in regard to our intercourse with
Mexico, as they considered it to have a direct bearing lingness to testify, provided he could do so consistent with his personal safety. As soon as he testified upon considered the information they were to obtain by that
upon the subject of our affairs with Texas; and they oath as to his reasons for not appearing before the com
resolution as most material in making up an opinion in mittee, and it was ascertained that these reasons were
relation to the recognition of the independence of Texas. good reasons, he purged bimself of the contempt; but if lie would not take an oath that his life was in danger, House, it would be recollected that he (Mr. fl.) had
But when the document called for came before the the House would be under the necessity of keeping him
moved to commit it to the Committee on Foreign Af. in custody until he would testify.
fairs; when a motion was made to accompany that refBut, said Mr. U., suppose you bring this individual before the House, allow him counsel, and have a com
erence with instructions; anıl, in consequence of this, the mittee to put interrogatories to him, where was this
Committee on Foreign Affairs had never, up to this mothing to terminate! He considered that all this difficulty contained in the document, it being still tied up in the
ment, had it in their power to get at the information could be avoided by requiring Mr. Whitney to state why House. The gentleman from Alabama must therefore and wherefore he did not appear before the select committee of the House to give evidence; and if bis evidence perceive that, as the committee had not yet had access was gufficient, they were bound to discharge him. In
to these papers, it could do nothing until this question
of reference was settled. his view of the case, all the House wanted was to know what Mr. Whitney's feelings were in regard to his re.
JOHN PAUL JONES. fusing to appear before the committee; and that they Mr. PINCKNEY said he had been requested, by a could not obtain by an examination of witnesses.
number of individuals interested in certain prizes made Mr. HARRISON, of Missouri, moved a reconsidera- | by the late celebrated John Paul Jones, to endeavor to tion of the vote by which the resolution in relation to obtain for them the compensation to which they were Mr. Whitney was adopted; but the motion was nega- respectively entitled for their services. In relation to tived: Yeas 92, nays 95.
this matter, he had applied for information to the Treas. The respondent was then removed from the bar, and ury Department, and had obtained therefrom a state. the llouse proceeded to the consideration of other busi- ment respecting the prizes sent into France, which on
his motion had been ordered to be printed for the use of Several petitions and memorials were now presented, the House. It appeared from that statement that the in the reversed order of Stales and Territories; among sum of twenty thousand dollars had been received on ac. which,
count of the capture of the Serapis, the Countess of The SPEAKER presented the petition of Jacob Grear, Scarborough, and Bonhomme Richard, of which by far stating that he had in his possession a fifty dollar note, the greater portion had been paid a way, leaving only a money of the Continental Congress, which he prayed small balance of three or four thousand dollars to be diCongress might be paid in gold and silver.
vided amongst such of the captors of those vessels as Mr. PATTON moved that the petition be laid on the may still survive. But there was another class of captable; which motion was rejected.
tures: he alluded to those that were sent into Bergen, Mr. McKEON moved to refer the petition to the in Norway, and wbich were there delivered up to the Committee of Ways and Means.
English by the Crown of Denmark. It appeared to A motion was made to commit to the Committee on him that if ever a reclamation was to be made on Den. Revolutionary Claims.
mark for the value of those prizes, it was high time Mr. LAY moved the Committee on Roads and Canals. that a negotiation should be opened. He therefore ask.
And the question being taken, the petition was refer- ed leave to offer a joint resolution on the subject. red to the Committee on Revolutionary Claims.
Leave being granted, Mr. P. then sent to the Chair The SPEAKER presented the petition of Reuben M. the following resolution: Whitney, (accompanied by a letter requesting the Speak. A joint resolution requesting the President of the ep, as the presiding officer of the House, to present the United States to assert and prosecute with effect the mame,) stating that he had been summoned before a claim of the United States against Denmark for the value
H. or R. )
Colonization Society-Contempts, &c.
(Feb. 14, 1837.
of the three prizes made by John Paul Jones, in 1779,
APPROPRIATION BILLS. and which were sent by him into Bergen, in Norway, and there delivered up to the English by the Crown of solved itself into a Committee of the whole on the state
On motion of Mr. CAMBRELENG, ihe House re. Denmark.
of the Union, (Mr. Patton in the chair,) for the pur. Mr. HOWARD moved that it be referred to the Com. mittee on Foreign Affairs. He was under the impress appropriation bills--that for the naval service being
pose of proceeding to the consideration of the annual sion that it was embraced under the last treaty between the United States and Denmark.
ARMY BILL. Mr. PINCKNEY had no objection to the reference, but was perfectly satisfied that those prizes had never Mr. CAMBRELENG hoped the committee would, been made the subject of any treaty stipulation with before proceeding to the navy bill, take up the bill ma. Denmark. The resolution submitted the propriety of king appropriations for the support of the army, and action to the judgment of the President, and he hoped concur in the amendments of the Senate to that bill
, the the committee would soon report it.
principal amendment being for the pay of the TennesThe resolution was then referred to the Committee see volunteers. He moved that this bill be taken up; on Foreign Affairs.
which was accordingly done. COLONIZATION SOCIETY.
remarks by Messrs. CARTER and
WHITTLESEY, Mr. INGERSOLL presented a petition praying aid to the Colonization Society, which he moved be referred propriating $75,000 for the payment of the expenses of
Mr. GRAves moved an amendment to the bill, ap. to the Committee on Foreign Affairs. Mr. ADAMS objected, and contended that the memo.
the Kentucky volunteers, who were called out under rial should be laid on the table, under the order of the
the orders of General Gaines, and received into the 18th of January.
service of the United States, but were immediately dis
charged The SPEAKER said the memorial would not come under the resolution. Similar memorials had been pre pointed out the obvious injustice there would be in draw,
Mr. G. advocated his amendment at some length, and sented, which, in some instances, had been referred, and in others had been laid on the table. In the latter ing any line of distinction between men having equal instance, the disposition was the effect of a motion made
claims upon the gratitude or consideration of the coun. for such purpose.
try; and pointed out the identity between the TennesMr. ADAMS called for the reading of the memorial.
see and Kentucky volunteers. And the memorial, giving rise to debate, was then
Mr. JOHNSON, of Tennessee, said he regretted that ordered to lie over.
the gentleman from Kentucky had thought it necessary.
to throw any impediment in the way of the passage of CONTEMPTS.
this bill. The volunteers provided for in this bill had Mr. BEAUMONT, by consent, offered the following been mustered by an officer of the United States, and resolution:
received into the public service, and the muster rolls re. Resolved, that the Committee on the Judiciary be in. turned to the War Department, and, as such, were entistructed to inquire into the expediency of bringing in a tled to their pay as much as the regular soldiers in the bill defining the offence of a contempt of this House, army of the United States. He was not averse to the and to provide for the punishment thereof.
payment of the volunteers from Kentucky-very far from After some remarks from Messrs. BEAUMONT and it; they should be paid, and will be paid; but he appre. ADAMS,
hended that the distinction taken by the chairman of the Mr. CAMBRELENG moved the previous question, Committee of Claims between the class of cases provided and the House seconded the call.
for in this bill, and the class proposed to be provided And the main question was ordered to be now taken. for in the amendment of the gentleman from Kentucky,
And the main question, being on the adoption of the merited the attention of the committee. The latter class resolution, was taken, and decided in the negative. had not been received and mustered into the service of So the resolution was rejected.
the United States by an officer of the United States, nor After the presentation and disposition of several other had a muster roll been returned. If provision for their petitions and resolutions,
payment is now to be made, it must be a gross sum, The House adjourned.
leaving it to the judgment of the paying officers to de
cide who were entitled, and who were not entitled. In TUESDAY, FEBRUARY 14.
the former case, the troops were mustered and organ
ized under the laws of the United States, and would be PRINTING OF MAPS.
paid as such. In the latter case, they were organized, Mr. JOHNSON, of Tennessee, asked leave of the he presumed, under the laws of Kentucky, which might House to introduce a resolution regulating the duties of be altogether different from that required by the laws the Clerk of the House. He said that it was usual for of the United States. Before any appropriation could the Clerk, under general orders of the House for print. be, therefore, properly made, he apprehended the rolls ing documents or other papers, to cause to be printed of the several companies should be examined at the plats and maps, which cost annually some ten or fifteen War Department, and estimates furnished by that De. thousand dollars, and which were of no use to the House partment. These volunteers ought, as he had before or public, and often printed without the wish of even said, to be paid, and no doubt would be. But can we the member presenting such papers to the House. To do it now safely? The Kentucky volunteers are left correct this evil, he asked leave to offer the following upon the same footing with the Tennessee volunteers, resolution:
similarly situated, to be provided for hereafter, when Resolved, that the Clerk of the House be, and he is proper information should be received at the Depart. hereby, directed to have printed no map or plat, under ment; and he understood there was perhaps as large any general order of the House for printing documents number not received into the service of the United or papers, and not without a special order of the House States as those who had been actually received into the for that purpose.
service. Mr. J. expressed a bope that the present bill The House refused to receive ibe resolution at that might be permitted to pass. None doubted the cortime,
reciness of paying those provided for in this bill; and be