H. OF R.]

Another Breach of Privilege.

[MAY 14, 1832.

Mr. P.

pared with witnesses, and in half an hour could have culty to produce an excitement in that House. them before the House. If the gentleman from Tennes- had been for two years nearly connected with that gentlesee did not like these interruptions to business, let him man, and had no wish to engage in any angry contest with go to the palace, and there exert his influence, if he had him. They were both responsible to their constituents any, in preventing the occasion for them. Mr. S. made the for what they did on that floor, and they would be the assertion again, and said he had witnesses ready to introduce best judges to determine who was in the right. before the House at any hour that should be agreed on. Mr. POLK. Witnesses of what?

Mr. STANBERRY. Witnesses that the President of the United States has, by his language, encouraged such attacks on members of this House for words spoken in de

bate.

Mr. STANBERRY said he should forbear any further remark, but would content himself with offering the following amendment to the resolution now under consideration: And that said committee be instructed to inquire whether any officer of this Government has been, in any manner, concerned in advising or instigating any attack Mr. POLK said that it was very unpleasant to him to upon the persons of the members of this House, for words be obliged to refer to the gentleman from Ohio. On the spoken by those members in debate on the floor of the occasion to which that member alluded, Mr. P. had said House; and that they inquire whether the President of that his language was unfounded when the gentleman had the United States has, in reference to a recent case of atsaid that the President had encouraged attacks upon mem-tack upon a member of this House, used language tending bers of the House. to encourage violence upon members for words spoken in debate."

Mr. STANBERRY. I never said so. What I said was, that the President had used language calculated to encourage such attacks.

Mr. POLK. The gentleman has narrowed the ground he formerly took. It cannot, however, be denied that there has been a labored effort, throughout the whole course of the proceeding which has just closed, to make the impression abroad that there is assembled in this city a band of assassins employed to attack members for the remarks they may utter in debate.

Mr. BURGES. I ask on what evidence the gentleman from Tennessee makes that assertion.

The CHAIR pronounced it to be out of order to rupt the member, unless on a question of order.

Mr. BURGES said he extremely regretted, when there had been such a studied effort on the part of gentlemen on both sides to keep out of the question any out-of-door rumor as to the conduct of the Executive in relation to the trial of Houston, that the gentleman from Tennessee should, on all occasions, bring up this attack in the papers, and impute it to a majority in that House. Such conduct was undignified and uncandid. It cast a deep and disgraceful imputation upon the House. It was possible that there might be men hanging about the lobbies of that House (for who was not permitted to come there?) who had given inter-false statements to the public, and had even falsified the records of the House--men who richly merited the pillory. But who would, for that reason, be so hardy as to charge this misrepresentation upon the House? Towards himself, Mr. B. thought that at least more verbal respect was dne. However adverse he had ever been to the election of General Jackson, he had ever treated him in a respectful manner, and had applied to him no words of obloquy. He should have hoped that the gentleman from Tennessee would not provoke attacks of that kind, especially as the gentleman well knew that some things might be adduced which would not tell well, nor look well. Cries of "Tell them,' "Tell them," were uttered in different parts of the Hall.

Mr. POLK resumed. This was the second time, he said, that the gentleman from Rhode Island had improperly interrupted him when engaged in the midst of debate. He repeated the assertion that strenuous efforts had been made to produce an impression that the President had encouraged these attacks, and it had even been reported, in one of the papers, that General Houston had gone to the President's house immediately after the rencontre, and shown him the pistol which had been used in it.

Mr. P. had declared at the time that General Houston had not seen the President, nor had any communication with him, since that affair. The affront and the offence committed by the President was an expression of his opi- The SPEAKER called the House to order. nion that the House had no power to punish the act of Ge- Mr. BURGES paused, and then inquired what these neral Houston as a breach of privilege. That opinion cries meant, Who called upon him to tell? and what the President had a right to hold and to express. But would they have him tell? idle rumors? He kept no that he had ever attempted to threaten or to intimidate note book, no record of the feelings of those who were members in the discharge of their duty, Mr. P. utterly either with him or against him in mere party contests, undenied, and challenged gentlemen to the proof. Mr. P. less it were something that went to touch the honor of his said he perfectly understood the whole proceeding: he country. And he now again warned gentlemen not to was too old in politics not to be able to understand it per-provoke disclosures. The gentleman from Tennessee had fectly. The gentleman from Ohio had brought this ac- a few days before made some observations in defence of cusation on the presumption that as Mr. Houston had the administration, which were wholly gratuitous, and it formerly been a friend of the President, and as the Presi- had appeared to him, at the time, very singular and redent was a military man, that he should be able to play markable that the gentleman should have considered it it off upon the people, and make them believe that the necessary to make such a long speech by way of gratuitous President had a band of bullies prepared to assault the vindication of the President. Whenever any thing was members of the House. But gentlemen were mistaken said in reference to the honor of the House, the gentleif such was their calculation. What did the gentleman man from Tennessee seized with avidity upon the opporfrom Ohio mean by advising him to go to the palace? tunity to declare that he felt no sense of elevation from the In the first place he did not call it a palace; he was not fact that he was a member of this body. The gentleman so regal as that, as to call the people's house, which was perfectly welcome to his feelings on that subject. they had provided for the residence of their Chief Magis-There were some gentlemen who could not be exalted by trate, a palace. Mr. P. had expressed a wish to save the gods or men.

time of the House, and had moved to postpone this mat- But Mr. B. freely confessed that he was humble enough ter, that they might go into the consideration of the ap- to feel honored by such a mark of the confidence of his portionment bill, and now the gentleman cried, "Go to country. When acting in private life, he desired to culthe palace!" What connexion was there between this and Mr. P.'s previous course? He regretted that he had been drawn into this debate, but it really seemed as if the gentleman from Ohio was possessed of some peculiar fa

tivate the feelings of humility; but when he appeared in that House, he stood upon the shoulders of his constituents; and if the gentleman from Tennessee felt no sense of such elevation, either he must be incapable of elevation,

or his constituents must be such that their choice could not elevate him.

[H. of R.

But in

The gentleman from Rhode Island had complained of him as not having a proper sense of the dignity of his station, With regard to the individual who had written the let- and as not feeling himself elevated by his place on this floor. But Mr. P. might be permitted to suppose a case where ter to the gentleman from Ohio, the gentleman had been treated, when a witness before this House, with great a man never would or could be elevated, unless he were, courtesy. He had, however, since told the gentleman from by some political accident, thrown into that Hall. Ohio that one of his interrogatories was impertinent, and regard to this general charge, on the subject of the great that he demanded an explanation. Now it had been rumor- dignity which pertained to members of Congress, he did ed, with what truth Mr. B. could not pretend to say, that not like to take lessons on that subject from any one who this Dr. Davis, before he sent that letter, had taken had been educated in that school from which the gentleman care to ascertain that it would not be responded to; and from Rhode Island came. Mr. P. had remarked, on a forhe had even heard it said that if a hen would but put for-mer occasion, that in the remarks of some of the gentlemen ward her feathers at him, he would run. On another oc- who had advocated the power to punish, the doctrines of casion, a man of large dimensions had been sent, and one '98 had been revived. He did not remember that the genwho was reputed to possess much physical courage. Both tleman from Rhode Island had said any thing about the forms of proceeding seemed to be parts of a deliberate sys- alien and sedition laws, but he challenged the gentletem of intimidation. With regard to the South Carolina man to show that he had not been in '98 a supporter of gentleman, it was well known that he had come here those laws, and that he was not a supporter of them at this seeking an office, and that he had been disappointed. time. From a gentleman holding such sentiments, Mr. P. Perhaps this circumstance had rendered him a little fret-would take no lessons. He dissented from them toto cœlo. ful. If so, he felt some pity for him. As to the gentle-He had not been educated in that school of politics. Mr. man from Tennessee, he had, according to his own account, P. said that in any remarks which he had made, or might been long acquainted with all the movements of party, hereafter make, he begged to be understood as imputing and was now endeavoring to get up a business party. He no improper motives to those who differed from him in wished the gentleman could succeed, and he should have sentiment. Among them were some of his most intimate some encouragement in expecting it if he saw more action friends, for whom he cherished all respect and affection. and fewer words. It was to repel charges which had nothing to do with the Mr. DODDRIDGE said he understood the member from present case-accusations which, if true, were wholly exWhat had the Rhode Island to have alluded to him as having brought the traneous to the case before the House. subject of the newspaper reports before the House. Such case to do with the existence or non-existence of a band of was not the fact. The member from Tennessee [Mr. hired assassins in this city? What had been relied upon by POLK] had alluded to those reports; and what he [Mr. D.] the highly respectable gentleman from Virginia? [Mr. had said, was in answer to that allusion. He had under- DODDRIDGE]--a gentleman who had made the ablest arstood that gentleman to allude to those reports for the gument that had been adduced on this occasion in favor of purpose of denying them on that floor. My reply, said the doctrine of the latitudinarians, and to whom they seemMr. D., was, that if he or any other honorable gentleman ed to look as their leader and principal reliance. The on the floor would deny from his own knowledge that the gentleman had avowed that he differed from the judgment assertions were unfounded, I would believe him. But of his countrymen in relation to the sedition law. It might, that gentleman had demanded too much; the matters were however, be said that the gentleman from Virginia had such as did not necessarily come within his own knowledge; only supposed a case. and his answer implied that he must have resorted to the testimony of other parties on the subject. Mr. D. concluded by repeating his denial that he had been the means of introducing the subject of the newspaper reports before the House.

House.

Island.

Here the CHAIR called the gentleman from Tennessee to order, inasmuch as he was wandering into a subject not at this time before the House.

Mr. POLK resumed. He had not intended to depart from the strict line of order, but hypothetical cases had Mr. POLK spoke in reply. The gentleman from Rhode been put, in which the President might, by means of his Island [Mr. BURGES] had been pleased to infer, from the bullies, control the decisions of that House. It was true it remarks he had presented on a former occasion, that all was but an inference that it was intended to imply that he had said with regard to creating a false impression, the Chief Magistrate was doing so now; but it was the imthrough the public prints, of the state of things here, was pression which such a statement was likely to make, intended to be applied to the whole of one side of the through the channels of the newspapers, to which he obMr. P. had made no such application; on the con- jected. His object in rising, in the first instance, was to trary, he had taken care to say at the time that there were bring the House to the business of the nation; and he had honorable exceptions to the general charge; and if the only been drawn into debate by the unexpected attack gentleman from Rhode Island wished to be included in made on him by the member from Ohio, and the member those exceptions, he was at liberty to take advantage of from Rhode Island, who was always ready to throw his them. But Mr. P. understood the gentleman from Rhode lance; and of whom he must say that, as to loss of time in That gentleman's mode of affirming was to debate, he was the very last calculated to give the House a With regard to the punishment inflicted on Mr. suppose; but when Mr. P. saw the public papers of a par-lesson. ticular cast making a charge against the administration Houston, he would say with the member from Georgia, which was utterly without foundation, and when he saw [Mr. THOMPSON,] on a former day, why not play out the that gentleman and others repeating the charge upon this game? The reasons were obvious. If they had deprived floor, he should take the liberty of challenging gentlemen a citizen of his liberty, it would at once have brought to the proof. The charge, he repeated, could not be sus- their powers to the proof; and therefore they had wisely tained. The President had never threatened or sought preferred to play the schoolmaster, and reprimand the to intimidate a member of either House, nor was in any accused like a naughty boy; telling him, in effect, that if Mr. P. he did so again, and beat another member, he should be sense privy to the attack which had been made. But reprimanded again; and if he beat a third, he should again be utterly denied it, and put gentlemen to the proof. how could any man shut his eyes to the fact that a general reprimanded. Mr. P., after some further remarks, coneffort was making to produce an impression that the city cluded by saying that he, as well as others, was responsiand the avenues to the Hall were lined with ruffians and ble to the community; and that the people of America Where were they? Let gentlemen point them would have an opportunity of deciding upon their conHe pronounced the charge to be without foundation. duct then, in that and other cases, at the ballot boxes.

assassins?

out.

H. OF R.]

Bank of the United States.

[MAY 15, 1832.

The motion for the previous question was then put, and sustained-yeas 96, nays not counted.

Mr. BLAIR, of South Carolina, said, as some allusion unchanged, and perhaps ever will; and therefore I would had been made to Dr. Davis, not much to his credit, he esteem him who should attempt to re-enact all or any of thought it due to that person to say a few words in his be- its provisions, or any thing like them, as guilty of somehalf. Mr. Davis was not his constituent, and the most he thing worse than folly. knew of him he had learned during the past winter. He Mr. THOMPSON said, from the important business did expect something would have been said on the sub- waiting the deliberation and decision of the House, and ject by those who were better acquainted with him. Mr. the lateness of the session, he felt it his duty to move the B. said he had always regarded him, since his acquaint- previous question. ance with him, as an honorable and honest man; the best testimony to his respectability was, that he had been a member of the Legislature of South Carolina. He men- The main question being then upon agreeing to the motioned this, because it had been insinuated that his call was dified resolution of Mr. CRANE, in the following words: not entitled to the notice of a gentleman of honor. It was Resolved, That the communication of the honorable E. his [Mr. B.'s] opinion that his call would be responded to, CooKE, a member from Ohio, be referred to a select comin the place where he was best known, by all those who mittee, consisting of seven members, to report the facts, and did not think that their moral duty, or some other princi- their opinion whether the same establish a contempt ple, which he would leave it with the House to define, for- and a breach of the privileges of this House or not; and bade them to respond to any one in the way alluded to. that said committee have power to send for persons and With regard to his being a disappointed office-hunter, he papers: believed Mr. Davis did come on here to obtain an office, It was decided by yeas and nays as follows: which, however, it was not in the power of the Government YEAS.-Messrs. Adams, C. Allan, Allison, Appleton, to give, in consequence of a nomination recently confirmed Armstrong, Babcock, Banks, J. S. Barbour, Barstow, I. by the Senate. Whether Mr. Davis was seeking for, or C. Bates, Branch, Briggs, Bullard, Burd, Burges, Caexpected, any other office, he could not say. As to his hoon, Choate, Collier, Lewis Condict, Silas Condit, Bates courage, he would advise gentlemen to suspend their Cooke, Cooper, Corwin, Coulter, Crane, Crawford, judgments on this subject till it had been tried. Creighton, John Davis, Dearborn, Denny, Dewart, Dick

Mr. CRAIG, after a few remarks, asked for the yeas son, Doddridge, Drayton, Ellsworth, George Evans, and nays on the question of indefinite postponement; Joshua Evans, Edward Everett, Horace Everett, Grenwhich were ordered. nell, Heister, Hodges, Hoffman, Hughes, Huntington,

Mr. STANBERRY then submitted his amendment, fur-Ihrie, Ingersoll, Kendall, Kennon, Letcher, Marshall, ther modified, proposing, as part of the matter of investi- Maxwell, McDuffie, McKennan, Mercer, Milligan, Muhgation, an inquiry whether the President had not used lan-lenberg, Newton, Pendleton, Pitcher, Potts, Randolph, guage calculated to encourage attacks on members of John Reed, Russel, A. H. Shepperd, Slade, Smith, Souththat House for words spoken in debate. ard, Stanberry, Stewart, Storrs, Sutherland, Taylor, Mr. DODDRIDGE said he rose to notice the remarks Tompkins, Tracy, Vance, Vinton, Wardwell, Washingof the gentleman from Tennessee, so far as they related ton, Watmough, Elisha Whittlesey, Frederick Whittleto himself. With the compliments bestowed by that gen- sey, E. D. White, Williams, Young.-85. tleman on myself for understanding and integrity, I can- NAYS.-Messrs. Adair, Alexander, Robert Allen, Annot feel otherwise than flattered. These kind expressions, derson, Angel, Archer, Arnold, Barringer, James Bates, however, do not compensate for those misrepresentations Beardsley, Bell, Bergen, Bethune, James Blair, John of my language and opinions expressed the other day, Blair, Boon, Bouck, Bouldin, John Brodhead, John C. which, I am sure, have been made with no unkind inten- Brodhead, Bucher, Carr, Chandler, Claiborne, Clay, tion towards myself. I am somewhat surprised that what Clayton, Conner, Craig, Davenport, Dayan, Doubleday, I said within the last week, on a subject of such import- Duncan, Felder, Findlay, Fitzgerald, Foster, Gaither, ance, although it was deemed worthy to attract the atten- Gilmore, Gordon, Griffin, T. H. Hall, W. Hall, Hammons, tion of gentlemen, should so soon be forgotten, more Harper, Hawes, Hawkins, Horn, Hubbard, Jarvis, Jewett, especially as the gentleman from Tennessee must have R. M. Johnson, Cave Johnson, Kavanagh, Adam King, heard me the other day correct one of my honorable col-John King, Lamar, Lansing, Leavitt, Lecompte, Lent, leagues [Mr. ARCHER] for the same thing. That gentle- Lyon, Mann, Mardis, Mason, McCarty, W. McCoy, McInman fell into the same error while he paid me the same tire, McKay, Newnan, Nuckolls, Pierson, Plummer, Polk, flattering compliment. E. C. Reed, Rencher, Roane, Soule, Standifer, F. Thomas, P. Thomas, W. Thompson, J. Thomson, Verplanck, Wayne, Weeks, Wheeler, C. P. White, Wickliffe.-87. So the resolution was rejected.

My colleague spoke of me as reviving the recollections of party, with the doctrines of 1799, and of approving the alien and sedition laws. Now, I said nothing in approbation of the alien law, nor did I pronounce its condemnation-I spoke of the alien bill, so called.

BANK OF THE UNITED STATES.

The gentleman from Tennessee speaks of the reign of terror, and other things so commonly used in the newspaper slang of the day, and in certain speeches, that I believe they are frequently uttered without any definite meaning. I do not object to them, but the gentleman says I approved the construction of the sedition bill.ject were ordered to be printed. What construction? That is not explained, and the expression is too equivocal to pass unnoticed.

Mr. ADAMS, as a member of the Committee of Invesof the United States, accompanied by sundry documents, tigation, made a separate report on the affairs of the Bank which were ordered to be printed.

What I said of that law was, that I doubted not the constitutional power of Congress to pass the sedition bill, but I condemned the policy of that bill, for these reasons: laws in this and all other Governments ought to conform to public opinion--ought to spring up out of its opinion. That the sedition bill was enacted against public opinion, at the time when enacted, and was, in fact, repealed by it before it expired by its own limitation. I further said, and now say, that public opinion has ever since remained

to

On motion, 10,000 copies of all the reports on this sub

the apportionment bill; and, after Mr. E. EVERETT

The House then took up the amendments of the Senate

had obtained the floor,
The House adjourned.

TUESDAY, MAY 15.

Soon after the journal of yesterday was read,
Mr. EVERETT, of Vermont, rose, and addressed the
House as follows:

Mr. Speaker: It has become my painful duty, on behalf of my colleagues, to announce to this House the death of

one of their number, the honorable JONATHAN HUNT. On this occasion, I may be permitted to say that he has long been a member of this House, and that the talents and assiduity with which he executed his duties in this place were alike honorable to himself, to this House, and to his constituents. I have known him long, I have known him well; and a purer spirit never inhabited mortality. His place in this House may, indeed, be filled, but the Lavoid in the affections of his family, and of his friends, can never be filled.

Mr. E. then submitted the following resolution: Resolved, That the members of this House will testify their respect for the memory of JONATHAN HUNT, deceased, late a member of this House from the State of Vermont, by wearing crape on the left arm for the remainder of the present session of Congress.

The resolution was unanimously agreed to.

(MAY 17, 1832.

language has been used by him tending to rebuke or censure it for its investigation of the circumstances of any assault made on any of its members.

Resolved, That said committee be instructed further to inquire and report whether, from the origin and extent of this conspiracy, and from the characters who may appear to have engaged in it, either as principals or accessories, a determination be not manifested, not only to overawe and intimidate the representatives of the people, but also to impede the progress of public measures, and to prevent the efficient legislation of Congress upon great and important subjects yet undecided.

Resolved, That, for the purpose of executing the duties assigned said committee, power is hereby given them to send for persons and papers.

The question on suspending the rule in order to allow these resolutions to be moved, was then taken, and decid

Mr. EVERETT then said, that in deference to the ex-ed as follows: pressed will of the deceased, and the wishes of his family

YEAS.-Messrs. Adams, C. Allan, Allison, Appleton, and friends, that the funeral of the deceased should be Armstrong, Arnold, Banks, Barnwell, Barstow, Isaac C. private, he should forbear to offer any further resolution. Bates, Branch, Briggs, Bullard, Burges, Cahoon, Choate, Mr. E. EVERETT rose, and said, as it was the usual Coke, Collier, Lewis Condict, Silas Condit, E. Cooke, practice for the House, upon every occasion of this melan- Bates Cooke, Cooper, Corwin, Coulter, Crane, W. choly nature, to testify their regret by some mark of respect, Creighton, jr., John Davis, Dearborn, Denny, Dewart, he would therefore move that the House do now adjourn. Dickson, Doddridge, Ellsworth, George Evans, Joshua On this motion, several gentlemen addressed the House; and after considerable discussion as to the most appropriate mode of paying respect to the deceased, it ended in the following committee, viz. Mr. H. EVERETT, Mr. CAHOON, Mr. SLADE, Mr. E. EVERETT, Mr. TAYLOR, Mr. CHOATE, and Mr. L. CONDICт, being appointed to superintend the ceremonies to be used at the funeral, which the House resolved should be attended by the Speaker, officers, and members, as was usual in similar cases.

A motion of adjournment till Thursday then prevailed, with an understanding that the members would meet in the Hall this day at three o'clock, to form in processsion to attend the funeral.

The House then adjourned to Thursday.

THURSDAY, MAY 17.

Evans, Edward Everett, Horace Everett, Grennell, Heister, Hughes, Huntington, Ingersoll, Kendall, Adam King, Letcher, Lyon, Marshall, Maxwell, McDuffic, McKennan, Mercer, Newton, Pendleton, Pitcher, Potts, Randolph, J. Reed, Root, Russel, Semmes, W. B. Shepard, Slade, Southard, Stanberry, Storrs, Sutherland, Taylor, Tompkins, Tracy, Vance, Vinton, Washington, Watmough, Wilkin, E. Whittlesey, F. Whittlesey, E. D. White, Williams, Young.--81.

NAYS. Messrs. Alexander, R. Allen, Anderson, Angel, Ashley, James Bates, Beardsley, Bell, Bergen, Bethune, John Blair, Boon, Bouck, Bouldin, J. Brodhead, J. C. Brodhead, Bucher, Burd, Cambreleng, Carr, Carson, Chandler, Claiborne, C. C. Clay, Clayton, Conner, Craig, Crawford, Daniel, Davenport, Warren R. Davis, Dayan, Doubleday, Drayton, Felder, Findlay, Fitzgerald, Gaither, Gilmore, Gordon, Griffin, T. H. Hall, W. Hall, PERSONAL PROTECTION OF MEMBERS. Hammons, Hawes, Hawkins, Hogan, Holland, Horn, HubMr. L. CONDICT, of New Jersey, asked the consent bard, Ihrie, Irvin, Jarvis, Jewett, R. M. Johnson, Cave of the House to move resolutions for inquiry by a commit-Johnson, Kavanagh, Kennon, Lamar, Lansing, Leavitt, tee of the House. The motion being objected to, (and Lecompte, Lewis, Mann, Mardis, McCoy, McIntire, requiring unanimous consent,) he moved to suspend the McKay, G. E. Mitchell, Muhlenberg, Newnan, Nuckolls, rule of the House, to allow him to make the motion, de- Patton, Smith, Soule, Speight, Standifer, Stephens, F. manding on that question the yeas and nays. Upon this Thomas, P. Thomas, W. Thompson, J. Thomson, Verthe reading of the resolutions which he proposed to offer planck, Wardwell, Wayne, Weeks, Wheeler, Campbell was demanded; and they were read as follows: P. White, Wickliffe, Worthington.--95.

Resolved, as the sense of this House, That the lives and persons of the representatives of the people in this House are now no longer safe, but are daily in jeopardy by assaults and outrages committed on them out of doors, on account of the manner in which they discharge their representative duties.

Resolved, That a select committee be appointed, with instructions to inquire and report what measures are necessary to protect the lives and persons of the representatives of the people in this House, and to secure to them their constitutional privileges of freedom of speech and deliberation.

Before the decision was announced from the Chair, Mr. BARRINGER, of North Carolina, rose, and observed that he was in his place when the yeas and nays were taken, and distinctly heard his name called, but had refrained from voting. He begged the indulgence of the House now to explain the reason why he had not voted. It was a fact not to be concealed, for it was already a fact well known, if not by newspaper report, at least to those from whom newspaper information might be derived, that he [Mr. B.] had been referred to as to a conversation stated to have been held with the President on the subject of the Houston affair. He was apprised of the design Resolved, That said committee be further instructed to to call upon him, in the event of the investigation, which inquire into the origin and extent of the conspiracy manifest- was the object of the resolution taking place; and whated by recent menaces and murders attempted against mem-ever might be his position in relation to the present adbers of this House. ministration, he felt it to be his duty to avoid even the Resolved, That said committee be instructed to inquire appearance of screening the President as a friend, or of into the truth or falsity of the rumor which charges the persecuting him as an enemy. He could not, therefore, President of the United States with countenancing, di- according to his ideas of propriety, give a vote upon the rectly or indirectly, by any approbation, opinion, or ex-question, and he therefore asked the indulgence of the pression of his, any act of outrage and violence perpetrat- House to be excused from doing so.

ed against members of the House; and whether any The request of Mr. B. was complied with by the House.

H. OF R.]

Apportionment Bill.

{MAY 17, 1832.

The case of the Wiscasset collector next coming up, I wish, Mr. Speaker, before I proceed to the details of Mr. SLADE rose, and continued his remarks on the subject (as heretofore given) until the expiration of the hour;

when

Mr. CONDICT moved that the House resolve itself into a Committee of the Whole on the state of the Union, for the purpose of submitting there the resolutions which he had this morning attempted to introduce by a suspension of the rule, and he demanded the yeas and nays on his motion; but the CHAIR decided that the motion was not now in order.

APPORTIONMENT BILL.

this subject, to remove an erroneous impression which, I fear, prevails extensively. I am apprehensive that it is believed that, in urging these amendments, we are only prolonging the struggle in which the friends of different ratios were, a month or two ago, so long engaged, in this House, in order to procure, each for his own State, the smallest unrepresented fraction; and that, as the evil of a large fraction, at one apportionment, falls on one State, at another on another, it is an evil which, in the long run, rectifies itself; and that there is nothing else complained of in the bill. This view of the question is altogether erroneous. The bill has a radical and essential defect; a deThe House then took up the apportionment bill. fect which, instead of being remedied, is aggravated at Mr. EVERETT, of Massachusetts, rose, and said, each successive apportionment; the defect of giving to when this subject was last before the House, he had the the large States, as such, more, and to the small States, honor, on behalf of the minority of the select committee as such, less, than their equitable part of representation. to whom it had been referred, to submit an amendment to This defect can be mathematically demonstrated. The the Senate's amendment. I beg leave now, said he, as bill gives one member to every forty-seven thousand seven briefly as the nature of the question admits, to call the at- hundred; that is, one member in a House in which every tention of the House to the principle of these amend- forty-seven thousand seven hundred, in the Union, has ments, changing, as they do, the entire character of the also a member. It is, of course, one for every forty-seven apportionment bill. I say the principle of these amend thousand seven hundred, not in a House of any and every ments, because in principle they are identical. They dif-conceivable size, but in a House where every other fortyfer only in the number of which the House is to consist, seven thousand seven hundred of the people is equally and in the corresponding addition to the delegation of five represented. If you then take away from the size of the of the States. I earnestly invite the most serious atten-House, those States which retain the same number in the tion of the House to this question, because I am thoroughly smaller House that they were entitled to in the larger, have persuaded that upon its just settlement the right consti- received an undue increase of power. One member for tution of this House depends. forty-seven thousand seven hundred, is two hundred and I beg the House also to bear in mind that, in settling fifty for the Union; and no State is entitled to more than this question, they do not merely decide the single ques- one for every forty-seven thousand seven hundred in a tion at issue. As the bill or the amendments shall prevail, House of two hundred and fifty. But the bill constitutes, a distribution of power in this branch of the Government on this ratio, a House of two hundred and forty; ten will be made, which will affect the decision of every ques- States are, therefore, deprived of a member, and the tion that, for ten years to come, will be discussed in Con- other States receive an increase of power to which they gress. It is not the apportionment bill then, but every are not entitled. What is plainer than that, if you take bill on every subject, that may come up to be passed, in away ten members from a House of two hundred and the five succeeding Congresses, which we are now, by fifty, you reduce, by one twenty-fifth part, the size of the House; and that the strength of those States which retain I will venture to make another preliminary observation, the same members in the reduced House that they had in addressed to the liberality of one portion of the House. the House of two hundred and fifty, is in reality increased In the natural order of things, which we, who suffer by one twenty-fifth part? Suppose forty-seven thousand it, have as little the right or the ability, as we have the in-seven hundred were the most perfect ratio imaginaclination to check, political power is rapidly and steadily ble, such a ratio as in fact never did or will exist, and that passing from one portion of the country to the other. In it divided the population of each State, without the rethe House of Representatives, apportioned according to mainder of a single unit, the House would then consist of the first census, New England had twenty-nine votes out two hundred and fifty. If, in this case, you were to go of one hundred and five. Were she represented in the over the list of the States, and arbitrarily blot out a memsame proportion in a House of two hundred and forty ber belonging to ten of them, you would do a manifest members, she would be entitled to sixty-six members, in- and gross injustice, not merely as depriving four hundred stead of thirty-eight, which the bill proposes to give her. and seventy thousand of the people of the United States So rapidly is the preponderance passing from the Northeast of their representation, but as giving to the residue an exto the Southwest! As far as this is the fair effect of the cess beyond their proportion. This injustice, in substance, increase of the population of other States, produced, as it is done by the bill, both in granting to some States an unhas been in part, by a steady drain upon us, it would be due share of representation, and leaving a large amount idle to complain. But we may safely, I should hope, ap-of the people unrepresented.

one vote, to settle.

peal to the liberality of gentlemen representing those And this brings me to mention specifically the faults of parts of the country rapidly on the increase, not unduly to the bill. Its first fault is, that it leaves a large number of accelerate the comparative decline of the other States. the people of the United States without representation. The jealousy with which they vindicate, to their States re- The constitution ordains that "the House of Representaspectively, all the power to which they are entitled, is not tives shall consist of members chosen by the people of relaxed by the circumstance, that, by each successive the several States;" "that the representatives shall be apenumeration, that power is increasing. They will, there- portioned among the several States according to their fore, deem it natural in us to struggle earnestly for the respective numbers, which shall be determined by adding preservation of all that the constitution, justly interpreted, to the whole number of free persons," &c. It is the evigives us. In 1790, Massachusetts and Virginia were the dent intent of the constitution, that the whole people great States. By the apportionment now proposed, Mas- should be represented. The bill adopts a ratio of fortysachusetts stands eighth in her number upon this floor; seven thousand seven hundred, or (what is precisely the and of the seven States that take precedence of her, three same thing in the result) forty-seven thousand. Suppose were not, in 1790, in existence. One of them, (Ohio,) to which nineteen members are assigned by the bill, had but a single member in the apportionment of 1830.

an inquisitive foreigner to be in possession of this fact, and of the further fact, furnished by the bill, that there are to be two hundred and forty members in the House,