National intelligencer

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Title:
National intelligencer
Uniform Title:
National intelligencer (Washington, D.C. 1810)
Physical Description:
v. : ; 49-62 cm.
Language:
English
Publisher:
Joseph Gales
Place of Publication:
Washington City D.C
Creation Date:
November 9, 1839
Publication Date:
Frequency:
triweekly[jan. 2, 1840-]
triweekly[ former 1810-may 8, 1819]
triweekly (semiweekly during recess of congress)[ former may 12, 1819-oct. 26, 1824]
triweekly[ former oct. 28, 1824-july 31, 1827]
triweekly (semiweekly during recess of congress)[ former aug. 1, 1827-dec. 31, 1839]
three times a week
regular

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Subjects / Keywords:
Newspapers -- Washington (D.C.)   ( lcsh )
Genre:
newspaper   ( marcgt )
newspaper   ( sobekcm )
Spatial Coverage:
United States -- District of Columbia -- Washington
Coordinates:
38.895111 x -77.036667 ( Place of Publication )

Notes

Citation/Reference:
Brigham, C.S. Amer. newspapers
Additional Physical Form:
Also available on microfilm from the Library of Congress, Photoduplication Service.
Dates or Sequential Designation:
Vol. 11, no. 1580 (Nov. 27, 1810)-
Dates or Sequential Designation:
Ceased in June 1869.
General Note:
Issued daily: <Vol. 38, no. 5420, (Mar. 1, 1837)>-v. 38, no. 5423 (Mar. 4, 1837).
General Note:
Publishers: Gales and Seaton, <1814-1860>
Funding:
Funded in part by the University of Florida, the Library Services and Technology Assistance granting program of Florida, the State Library and Archives of Florida, and other institutions and individuals.

Record Information

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University of Florida
Holding Location:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 10202373
lccn - sn 83026171
System ID:
UF00073213:00066

Related Items

Related Items:
Daily national intelligencer
Related Items:
Weekly national intelligencer (Washington, D.C.)
Related Items:
Universal gazette (Philadelphia, Pa. : Nov. 1797)
Preceded by:
National intelligencer and Washington advertiser

Full Text















VOL. XLII.


WASHINGTON: TUESDAY, JUNE 15, 1841.


No. 603'.


PUiRLLISHED YVC GALES S8EATON,
IHREK TIrMiCS A WEE K.
Paiea--For a ear, sl x d,-s rs- Fr six in.nibs, lour dollars
PATABLS iN AVaCNGE.

MONDAY, JUNE 11, 1841.

THE TREASURY PROJECT OF A BANK.

In the following colunins our readers willfind
one of the most importat papers that we have
had an opportunity of laying before them for many
a day, being the plan of a Bank furnished by the
Secrelarv of the Treasury in answer to a call from
the Se'nate of the United Siates. ,
We call this "the Treasury project," because
it emanates front that Department, and because
we do not feel authorized to call itaCabtie t mea-
sure, though we have no doubt of its having the
approbation tf a majority of the heads of Depart-
ments. Be that as it may, however, it is obvious-
ly a well-considtereed project, which, if cast into
the fornim of law in the precise shape into which
it has been moulded by the Secretary of the Trea-
sury, could not fail, in our opiior,, toa be frtuitful
of benefits to the country and facilities to the
Government.
We do not doubt but that to the mind of almost
every man who has thought at all upon the sub.
ject, this Bank project would be more acceptable
if some one or more features of it were different
from what they are. But to any plan that could
possibly be proposed, objections of detail wold
arise in different minds according to their particu-
lar views. We do not say that the Treasury plan
is perfect, or even the best that could have been
devised. We would ourselves willingly see one
or two of its features changed. But the change
of those features would perhaps repel two friends
to the measure for one that it would attract; and,
for the mere gratification of a personal wish, we
should never dream of hazarding the success of a
Great measure.
We trust that those who believe a measure of
this character to be imperiously demanded by the
great interests and existing, circumstances of the
country will come to the consideration of this
plan with minds open to conviction, and act upon
is in that spirit of compromise without which great
or valuable public purposes are rarely accomplish-
ed in a free and popular Government.

Concerning the early history of the National
Bank question in this Government, we have an
anecdote, from undoubted authority, which appears
to us of too much interest to be withheld from
our readers. We do not know that a more fit
occasion will occur for offering it, as follows:
After the bill for the establishment of the old
Bank of the United States had passed both Houses
of Congress, in 1791, and had been laid before
President WASHINGTON, for his signature, it be-
came a matter of astonishment to the Secretary of
the Treasury, (Gen. HAMILTON,) that the Presi-
dent should have held the bill in suspense until
the ten days limited by the Constitution had almost
expired. Calling upon the President in the ordi-
S nary course of his official duty, the latter put into
the hands of Gen. HAMILTON the Opinions of Mr.
JEFFERSON and Mr. RANDOLPH on the subject of
the bank bill, and requested him to examine and
answer them. Gen. HAMILTON took the papers,
read them, reflected upon the subject, went to see
Mr. LEWIS, the "great black-letter lawyer" of Phil-
adelphia at that day. They walked together in
Mr. Lewis's garden, HAMILTON explaining his
views as to the law of incorporation, which LEwis
confirmed. Gen. HAMILTON returned home in
the evening, and retired to bed, giving directions
to be called at 12 o'clock at night, and that strong
coffee should then be ready for him. This was
done. He went to work and finished the Opinion
at one sitting, and, when it was copied, took it to
the PRESIDENT. The next day WASHINGTON,
when he saw Gen. HAMILTON, taking his hand in
both of his, said: I thank you, my dear sir, for
your Opinion ; it is conclusive, and has relieved
"me from much embarrassment. I have signed
the bill."
DIT"ORS' CORIESPODElNCB.

NEW YORK, JUNE-12.
The news brought by the Great Western has
had no effect on our markets, though the gloomy
accounts from the manufacturing districts are cal-
culated to prevent, at least, any speedy improve-
ment in the prices of cotton. The high state of
political excitement into which Great Britain has
been thrown by the proposed alteration of the
corn laws and other measures of the Ministry, is
exceedingly unfavorable to all commercial busi-
ness; and the utter defeat of the Ministry on the

sugar duties' question making a dissolution of
Parliament probable, a better state of things can-
not be expected till the excitement of a general
election has passed away. It was considered al-
most certain that Sir ROBERT PEEL'S motion, de-
claring that the country had no longer confidence
in the Ministry, wottld pass. It was to come up
on the 27th ult.
I trust that the Intelligencer will keep up its
daily sketches or reports of debates, which, thus
fresh and quickly reported, are of the greatest in-
terest just now, looked for by every body, and
read by every body. Members of Congress much
mistake in supposing that speeches turned into
musty essays, printed days and days after a sub-
ject has ceased to interest the public mind, when,
too, people are occupied with some other excit-
ing affair, are read, or form opinion. The crea-
tors and directors, if not dictators of opinion, are
those who speak forthwith, and cut land, that is,


strike while the iron is hot, when opinion is mal-
leable, and before the press forms it, which is
talking to every body every day.
Money continues plentiful, so much so that the
banks are investing largely in Treasury notes,
rather than let their funds lie idle.
It is said that the British Government is about
contracting for an additional line of steamers to
the North American Colonies, to run to St. John's.
If the line is established, we shall have news from
'JEngland every week by way of Boston,


VERY LATE FROM EUROPE.

BY THE GREAT WESTERN.

On Thursday evening, the steamer Great West..
ern arrived at New York, bringing London and
Liverpool dates to the 26th ult. eight da)s later
than thoce la:t received.
GREAT BRITAIN.
The protracted debate in the House of Cornm-
mons on reducing the differential duties on su-.
gar (saysthe Courier & En(]utr-r) wa- brought tu a
clo'.e on the lIh ultimo, and on taking the ques-
tion, Ministers were left in a minority of I36. This
result has been foreseen with much confidence
in consequence of the abolitionit-i and the Weat
India interest having united with the Opposition
against the Cabinet, the former on the ground
that the contemplated modification would increase
the demand for slave labor, and the latter on the
,round that without the full measure of protuleclir-n
now affljrdd them, the West India planters could
not compete with those of Havana and Brazil.
Lord JOHN RUSSELL, when the division was an-
nounced, immediately gave notice that he would
afford the House another opportunity of express-
ing its opinion on the corn laws, and that, ifl the
House did not respond to what he deemed the in-
terests of the country, he should think himself jus,'
tified in appealing to the people. This debate on
the corn laws was afterwards fixed for the 4th of
this month. In the mean time Sir ROBERT PEEL,
as leader of the Opposition, unexpectedly gave
notice on the 24th that on the 27th he would
take the question as to whether Ministers do or
do not possess the confidence of the House of
Commons. Should he succeed in this motion, it
will no doubt be immediately followed up by an
address to the QUEEN calling on her to change her
advisers. At any rate, a dissolution of Parliament will pro-
bably take place, and the country is already thrown into a
state of excitement highly unfavorable to all commercial busi-
ness. The accounts from the manufacturing districts are
gloomy in the extreme. The Liverpool cotton market bears
no sign of improvement, and every thing indicates that there
exists a crisis in the political bifairs of the country which ab-
sorbs all other considerations.
It would appear that the interference of the British Gov-
ernment had been solicited by that of Montevideo to bring
about a termination of the difficulties of that Republic with
Buenos Ayres, and also that the French Government had
despatched an officer of rank with a naval force to the rivet
Platte for the same purpose.
The captain of a Portuguese vessel having reported that
he had 'seen a steamer onti the 23d April near the Western
Islands, his description of which answered in some respects
to that of the President, some hopes were entertained that the
latter vessel was still safe. We have, however, accounts from
Fayal to the 13th May, which unfortunately negative the sup-
position.
The London Times says that all the great Powers had
signed the treaty in relation to the settlement of affairs in the
East, France among the number, and that in consequence all
difficulties between that country and England may be consid
ered to have ceased.
A desolating war is wael on the Island of Candia by thi
officers and forces of Ih.. u.lIiii.' Porte against the Christian
inhabitants, who had revolted, and the ports of the island had
been officially declared in a state of blockade.
Espartero had taken the oaths as so!e Regent of Spain,but
had hitherto succeeded in only forming a provisional admin-
istration.
HOUSE OF COMMONS, MAY 24.
The House met at five o'clock, when almost every member
now in London was present, in the expectation of some
questions to, or declarations by, the Chancellor of the Exche
quer on his motion in the Committee of Ways and Means
fbr the continuance of the sugar duties. But before the or-
der of the day for that committee was read, a step was taken
by Sir Robert Peel which at once anticipated and exploded
the whole strategy of the Government. At a few minutes
after five he rose and gate notice that on Thursday next he
would move as follows:
That her Majesty's Ministers do not sufficiently possess
'the confidence of the House of Commons to enable them to
'carry through the House measures which they deem ofes-
sential importance to the public welfare, and that their con-
itinuance in office under such circumstances is at variance
'with the spirit of the constitution."
The effect of this announcement was astounding. Cheer
after cheer burst forth, one above another, from the thronged
seats of the Conservatives, while the Ministers and their
friends, struck down as by a thunderbolt, received the de-
fiance in silent dismay. The blow was followed up by Capt.
Pohill and Mr. Walter, who inquired what course they in-
tended to pursue upon the poor law'I To which Lord John
Russell made answer that it was not theirintentien to proceed
with it in the present session.
Sir Robert Peel, quoting the resolution against foieign su-
gar which was carried by the late important division, observ-
ed that, after concurring in that resolution, he could have no
intention to refuse the duties on the free.labor sugar of our
own colonies, and should therefore oppose no resistance to
the present proposal. He did not desire to stop the supplies,
being of opinion that the question at issue between the Min-
isters and the Opposition might be more conveniently tried
upon a motion ot want of confidence.
The order of the day for the House to go into Committee
of Ways-and Means being read, the Chancellor of the Ex-
chequer simply moved the renewal of the sugar duties, which
was agreed to.
LoNDON, MAY 25.-We are informed upon what we con-
sider to be the best authority, that the London conference
has proceeded to the formal signature of the protocols respect-
ing the East, which had received only the initials of the five
Plenipotentiaries. Thus is consummated in an official form
the return of France into the European Alliance, and the
end of the embarrassment which the treaty of the 15th of
July had created. Although long foreseen, this step has not
been considered without importance in the political circles.
[Government evening Print.
LONDON, MAY 25.-An utter stagnation is now rapidly
creeping over every branch of industry, whether manufactu-
ring or commercial, and whether in town or country. All
kinds of testimony agree that in this, ordinarily the liveliest
period of the year, there never was experienced in the
memory of man so general and complete a paralyzation of
trade.

DEBATE IN THE SENATE.

THE CASE OF McLEOD.

THURSDAY, JUNE 10, 1841.
Mr. RIVES once more renewed his motion that so much
of the President's message as relates to our foreign affairs be
referred to the Committee on Foreign Affairs.
Mr. BUCHANAN thereupon rose and addressed the Se-
nate, observing that when he had first read the correspond-
ence between the British Minister, Mr. Fox, and the
American Secretary of State, he had at once determined to
make, upon the first fit opportunity, some observations upon
that correspondence in the face of the Senate and of the
country. He regretted that, in finding a fit opportunity,
there had, contrary to his own inclinations, been so much
delay ; but having at length found it, he would accomplish
his original purpose, and would do it with as much brevity
as possible; premising, however, that be should not have
thought ot such a proceeding upon this mere motion of ref-
erence, had not the example been set and precedent estab-
lished at the last session of Congress by the present Secre-
tary of State.
He must be permitted to make one remark by way of pre-
face : and that was, that if he knew himself, he was not ac-
tuated, in this matter, by any thing like party political feel-
ing. He trusted his construction of some portions of the
correspondence in question might prove incorrect; for though
he acknowledged himself to be a party man and strongly in-
fluenced by party feeling, it had been his endeavor never
to carry that feeling with him into the Committee on Foreign
Relations, (of which he had for many years been a member,)
and he trusted that he had given sufficient evidence of this


by his course in that committee. Yet, as he was firmly con-
vinced that a proper regard for the American character, both
at home and abroad, required that some commentary should
be made on these papers, he had, upon reading them, deter-
mined, at once, that that commentary should be made
by him without fear, but with a respectful regard to the feel-
ings of all parties.
He had been asked, what objection could be made to the
letter of the 24th of April last, lately published, from Mr.
Webster, our Secretary of State, to Mr. Fox 1 There was
little, indeed: much, very much, that it contained had his
cordial approbation i bit, ufortanately, that letter had little


or n-thine to d. with ih, it,sminoe of the matter. It 'did
not make its appearance until nearly ris wv.eks after the im-
puitalnt businsei between the two (.oernnients had be, n
transacie.l. If was ths letter of the Briirb Minrinster of the
12'h ..'f Mirch, and th, iLiitructnora of the Secretary of S.ite
to the: Ai..,rns General of the ITnitd States, of the. 1tIi of
the s.drne .juntili, Ahich coitautined the true merits of the eaw.e
It was that I tter of instructions, a copy of which had doilubt. I
less ecn c,.inmunicated to the British Minister, and had bieei
openlyy referred to ina the British Parliament; it si it-h.ise
inmiru.:ti.,n. specialll, hbik'i lay at the root of the iiestiun.
tin Iihte- itio paper, i ihe 12th and 15th Mlarch, public
opinion had been formed as well in England as here; and
what rame liiipiii, along, six weeks after, however just and
however eloquent it might be, could exert but little or no in-
tluen-e either in Europe or in this country.
To understand the merits of the case a brief recapitulation
offa-ts aivs ntci, ary. A rebellion, said Mr. B., or, if out
pIase, an aiL, mI.t at revolution, existed in Caniadas; during
the course of which, the irinsurg,:it. took p 'i.sesi.mn of Navy
island, in the Niagara rivrr. A Brnt.h militia lirce of two
thousand men was embodied at t'hipp.wa, on the Canada
side of the river. The American steamboat Caroline, afiLI
having carried provisions to the insurgents on Navy !land,
(forl believe thatwasthe fact,) together with pr,.bubly a 'ingle
cannon, lay at anchor, after her trip, fastened to the h.rt iiiat
Schlosser, a small village notoriously witl.i, the. jur.6dir-
tion of the United States, under the sacred tcri it .-.ur iru.
tection. And the country must be recreant i.. n,-elf and to
its citizens, which would not, until the very Inr, rjinmi li
and vindicate its own exclusive sovereignty uoer aL own .,d
j.,iii.t all foreign aggression.
Tr-re lay this vessel in .\nm, rk'.i isiaier-, under ihe guar.
dianship of our sovereign aind ..'f tli.e Ai,-iicn flag; bil
this afforded her no protection. What happened on the night
of the 29th of December, 18371 Colonel Allan MeNab, a
name famous in history, was in command of the body of mi-
litia at Chippewa, and a Captain Drew, of the British navy,
who I believe has since been pensioned for his gallant ex-
ploit, undertook to raise a body of volunteers, and, by way of
characterizing the nature of the service they were to perform,
declared that he wanted fifty or sixty desperate fellows who
would be ready to follow him to the devil. Under thecomn-
mand of this Colonel McNab, now Sir Allan McNab, (for I
understand he has since been knighted by Queen Victoria,)
this body of men passed down the Niagara river at the dead
hbrur of midnight, without previous notice, and while the
people on board of the Caroline lay reposing under the pro-
tection of American laws, and made an attack on unarmed men
who were private citizens, not connected in any way with the
resistance to British authority, and murdered at least one of
their number within the American territory. These barba-
rians, regardless of the lives of those who may have remained
on board, unmoored the boat, towed her out into the middle
of the river, where a swift and irresistible current soon
hurried her down the falls of Niagara, and to this hour it is
not known how many American citizens perished in that fa-
tal night. This is no fancy picture.
Now, as to the principle of the law of nations which applies
to such a case, that pure patriot and eminent jurist, John
Marshall, has expressed it with great force and clearness.
He says that
A' The jurisdiction of a nation, within its own territory, is exclu-
sive and absolute. It is susceptible of no limitation riot imposed
by itself. Any restrict: r . .r,.rI validity from an external
source, would imply a d-,,-.1',,. .i its sovereignty to the extent
ofthatrestriction, andan investment nit, ..rc'i,.t, i.. : i-.rr..
extent in that rower which could ,il-.. i-'i r ir'..',,."-
Crunch. 116.
And again : Every nation has exclusive jurisdiction ever the
waters adjacent to its shores, to the distance of a cannon shot, or
ma.ine league."-1 Gallis, C. C. R., 62.
According to the settled law of nations, if the Caroline had
been a vessel of war, on the high seas, belonging to the in-
surgents, and after an engagement with a British vessel had
been pursued within a marine league of the American shore,
our national rights, as a neutral Power, would immediately
have covered her, and a hostile gun could not have been fired
against her without affording us grounds for just complaint.
If, for example, the British and French nations had been at
open war, and a French vessel, in flying before British par-
suit, should have been driven within a marine league of the
American coast, all further acts of hostility towards her must in-
stantly cease, or the neutral Power would be wounded in the
most sensitive point, namely, that of its sovereignty.
I shall not here argue to prove that in this case there has
been a gross violation of our national sovereignty, because
on that point no ret ,lei, sit. I am sure, does or can entertain
a doubt. That being clear, the American Government at
once remonstrated in strong and forcible, and even eloquent
terms, through our minister abroad. The letter of Mr. Ste-
venson, on that occasion, does him great honor, indeed.
Repeated attempts were made to induce the British Govern-
ment to answer this remonstrance, but all in vain. It it. true
that it has been stated in the British House of Commons, by
one of the British ministers, that the American Government
had ;,ii. given up the question, and did not intend to in-
sist upon an answer. The pretence for making this state-
ment has most probably arisen from a custom too common
among us of publishing diplomatic correspondence, whilst
the negotiation to which it relates is still pending. Mr. Ste-
venson, in his letter to Mr. Forsyth of the 2d July, 1839,
employs this language:
"11 regret to say that no answer has yet been given to my note,
in the ease of the i Caroline.' I have not deemed it proper, under
the circumstances, to press the subject without further instruc-
tions from your Department. If it is the wish of the Govern-
ment that I should do so, I pray to be informed of it, and the de-
gree of urgency that I am to adopt."
To which Mr. Forsyth replies under date of September 11,
1839, as follows.
With reference to the closing paragraph of your communica-
tion to the Department dated 2d of July last, it is proper to inform
you that no instructions are at present required for sirain bringing
forward the question ofthc 'Caroline.' Ihavehadfrcquent cona
versations with Mr. Fox in regard to this subject, one of very
recent date ; and, from its tone, the President expects the Bri-
tish Govternment will answer your application in the case,
without much further delay."
The Senate will thus perceive that there is no foundation
in this correspondence for the pretext that the American
Government had abandoned the pursuit of this question, un-
less it may be by garbling the note of Mr. Forsyth and sup-
pressing the sentence which I have just read.
Whether the Administration of President Van Buren pur-
sued its remonstrance with sufficient energy is not for me to
say, although I believe they did, but that forms no part of
the question now before the Senate. It seems that, from the
conversation of Mr. Fox, Mr. Forsyth was induced to be-
lieve that a speedy answer would be given.
On the of November, 1840, this unfortunate man,
Alexander McLeod, came voluntarily within the jurisdiction
of the United States. I am induced to believe that the vain
boasting of this man, as to his presence and participation in
the attack on the Caroline, has occasioned all the difficulty
which now exists. I do not think he was present at the
capture of that vessel, and this fact, if it had lieen wisely
used, would have afforded the means of adjusting the diffi-
culty to the satisfaction of both parties. But he came upon
the American soil, and, in the company of American citizens,
openly boasted that he had belonged to Drew's capturing
squadron. In consequence of these assertions, he was ar-
rested by the locel authorities, and indicted for murder. This
state of things gave rise to a correspondence between Mr.
Fox and Mr. Forsyth, from which I intend to read a brief
extract. The correspondence resulted in this: that Mr. For-
syth expressed it as his opinion, and that of the President of
the United States, that under the law of nations the avowal
by the British Government of the capture of the Caroline,
should such an avowal be made, would not free McLeod
from prosecution in the criminal courts of the State of lNew
York. Its effect was merely cumulative. It did not take
away the offence of McLeod, but added thereto, aol made it
a national as well as an individual offence. The legal pros-
ecution of McLeod, and the application to the British Gov-
ernment for satisfaction, were independent of each other, and
might be separately and simultaneously pursued. But
whether this were the true principle of national law or not,
Mr. Forsyth very properly said that the question must be de-
cided by the judiciary of New York, and that, if the position
of Mr. Fox were well founded, McLeod would have the full
protection of that doctrine before the court. He could plead
that his act had been recognized by the British Government,
and if the plea were allowed, he would be set at liberty.
That was the position of the business at the clese of Mr.
Van Buren's administration; and a happier, safer, and


more secure position of the question for American rights and
even for the honor of England, also, could not have been de-
sired. When the trial came on, McLeod would have two
grounds of defence: first, that he had not been present at the
capture of the vessel, and, next, that this capture had been
recognized by the British Government as a public act, done
under its authority. If, in this state of things, there had
been a little prudent delay, the question would soon have
settled itself to the satisfaction of both parties. But inquiries
had been addressed, in Parliament, to the British ministers
on this subject, and a high excitement had been produced
throughout the British nation. This can always be done in
that country on every controversy with America, because our
side of the question never appears in their public journals.
I have been for years in the habit of reading some of the


English J..urnale, and, so far as I have observed, our side of
thle qu-ation, eecn in relation to the northeast boundary, had
never to this id, been presented to the British public.
No EnglishiTiari can obtain from any ,of these journals
which I have eeen, any distinct idea vlie..-er as to the
g.ou,,d in,-i..- up.m by us in that controversy. An excite-
.meni l.,d bucr, rai-:d on the MeLeod question, and loud de-
i liar,.e hb.l t-,en uttered on the floor of the House of Coim-
0rineis. l'htn-i. had been made, in case the Anmeri:.ian
I U-'.ernrolit -h.iuld dare to retain McLeod in uiA.I..l,. n
amir-inrpt had been made on both sides of the water, toproduce
the t'li. 'that war was impending; and so far with success,
that the American fleet in the Mediterranean, or at least a
portion of it, had actually returned home, while all our vessels
in 'hat 'e i had passed the straits and gone into the Atlantic.
'%rie pe.-iple here even, other than the ladies, became afraid
that the British fleets would be upon our coast and lay our
ctit. in ashes. A marvellous panic prevailed for a time
aming those who had weak nerves, and then, to crown all,
came the letter of Mr. Fox to Mr. Webster. The British
nation has, I freely admit, much to recommend it, but we all
know that their diplomatic policy, nrilike that of other Euro-
pet an riati.-,ns, has been of a character bold, arrogant, and
u., rii,'ar.- John Bull has ever preferred to accomplish
thrt by I jin f.,rre oli, .:lh, r nations would have attempted
,i Ilc ..3,,,, -',. I c...nm.- ii.),i to the letter of Mr. Fox, and
suhh 1 I,.i..'' IchT.- I,, ;ii the more imposing from the
fart liii i h i iix M'tr. I'..'.'sa own composition, but is an
1 i.fnI mlc-.:.-iiuni, .i-mi fr,.,,, ihr British Government. This fact
nppi, Ia ironi 1is tlitr-i nt,:nice, which is as follows :
1i7h. ure.. ra. 1,, 1 i,. r l-i jit mic Majesty's Envoy Extraordi-
r r ur n.. M.. u.r Pl.:n. .:..i.rv, is instructed by his Govern-
Zir 1 j ior .I w 'tie rtl-',.!- oK ."- ''. PW "romn aunicatio' i t ths GOV-
r-nmnea l../ C, ('. t de .e te.
It is then an official communication from the British Gov-
ernment themselves. It is not my desire on this occasion to
excite either here or elsewhere any feelings which should not
be excited. I merely state facts. To what is this letter an
answer! If to any thing, it is to the letter of Mr. Forsyth
addressed to Mr. Fox on the 26th December, 1840. I will
not trouble the Senate to read that paper, they may find it in
document 33, page 4. And what is the character of the let-
ter of Mr. Fox 1 It commences with a peremptory and con-
clusive settlement of the whole matter so far as the British
Government is concerned. It is not sufficient for that Gov-
ernment to say that they take the responsibility of the act of
McLeod upon themselves, but they even justify in the
strongest terms the capture of the Caroline itself. Yet here
is Mr. Webster on the 24th of April arguing a question
which the British ministry had settled six weeks before. They
do not say surrender McLeod and the question of the Caro-
line shall be left open. That would not be according to the
manner of John Bull when he puts himself fairly in motion.
HIe does not stop to argue, but at once cuts the knot without
the trouble of giving any reason. Mr. Stevenson had remon-
strated in the most urgent manner, and had submitted to the
British Government at London a mass of testimony, but no
notice whatever was taken of his communication, and no
reasons given for their determination. Mr. Fox, or rather
that Government, in half a sentence settles the question.
"The transaction in question, (says the letter,) may bave been,
as her Mojesty's Government are of opinion thatit was, a
j..'"'1" t ...: I,: .. 7. 'ff force for the purpose of defending the
H-i !,, *"....,^ ,(.:
Our remonstrance, when this was written, had been pend-
ing for three years. Mr. Foi. Mli, in his letter of 26th De-
terner, 1840, had argumentatively stated the whole case,
setting forth that the avowal of McLeod's act, should it be
assumed by the British Government, so far from doing away
with our ground of complaint, went only to increase it. It
was cumulative, not exculpatory. Whilst it would not re-
lieve McLeod from personal responsibility, it would seriously
implicate the British Government in his guilt. And how is
that argument answered? In this haughty imperious sen-
tence :
Her Majesty's Government cannot believe that the Gavern-
meat of the United States can really intend to set an example so
fraught with elil to the community of nations, and the direettend-
ency of which must be to bring back into the practice of modern
war atrocities which civilization and Christianity have long since
banished."
Here is no argument attempted, no authority cited, but a
simple declaration put forth in the strongest terms as to the
atrocity" of the principle for which the American Govern,
meant had been seriously contending. But the crowning
point of this insulting letter is yet to come: and I undertake
to say that it contains a direct threat from the British Gov-
ernment. I aa not extensively acquaintedi wit the languAage.
of diplomacy, but I certainly have not seen any thing- like
this threat in any official communication between civilized
nations for the last fifty years. hope I may be mistaken
in my view of the language, but here it is:
"But be that as it nmay, her Majesty's Government formally
demand, upon the grounds already stated, the immediate release
of Mr. MeLend; 'and her Majesty's Government entreat the
President of the United States to take into his most deliberate
consideration the serious nature of ths consequences which
must ensue from a rejection of this demand."
Wiat consequences? What consequences! After the
denunciations we have heard in the British Parliament, and
all that had occurred in the course of the previous corres-
pondence, can any thing have been intended but "the seri-
ous nature of the consequences which must ensue" from war
with EsoGLAD! And here let me put a case. I am so un-
fortunate as to have a difference with a friend of mine. I
will suppose it to be my friend from South Carolina, (Mr.
PnRSTON.) I know, if you please, even that I am in the
wrong. My friend comes to me and demands an explana.
tion, adding, at the same time, these words: If you do not
grant the reparationrldemanded, I entreat you to consider the
serious consequences which must ensue from your refusal.
Certain I am there is not a single member of this Senate, I
might say not an intelligent man in the civilized world, who
would not consider such language as a menace, which must
be withdrawn or explained before any reparation could be
made. It was the moment after I read this sentence that I
determined to bring the subject before the Senate. A thought
then struck me which perhaps I should do better now to re-
press; but it was this. I imagined I saw that man whom
Mr. Jefferson truly denominated the old Roman, sitting in
his apartment and reading this letter for the first time.
When he came to this sentence, what would be his feelings !
What indignant emotions would it arouse in his breast ?
Of him it may be justly said
"A kind, true heart; a spirit high,
That could not fenr, and would not bow,
Is written in his manly eye,
And on his manly brow."
Would he not have resolved never to make any explana-
tion under such a threat? Would he not have required it
to be withdrawn or explained before giving any answer what-
ever to Mr. Fox's demand In this possibly he might have
gone too far. Our Secretary, however, has passed over this
threat without adverting to it in any manner whatever.
And now we come to the case immediately before the Se-
nate. Although I think the Secretary of State decidedly
wrong in his view ef the law of nations, that to me is com-
paratively a very small matter. I have not, in this thing,
any personal or private feeling to gratify. Towards the Sec-
retary of State I cherish no unkindly feelings, and I sincece-
t hope that he may discharge thie duties of his high, respon-
sible station in such a manner as to redound more and more
to his own honor. What I complain of is this omission, and
an omission, I consider, of great consequence. Ho has not,
in his reply, noticed that threat at all, although it was con-
veyed in such terms as would havo entirely justified him in
saying "the American Government has no answer to give
until this language has been explained." He should at least
have said, "this is a menace, such as is not usual in the di-
plomatic correspondence between civilized and independent
nations, and I shall be glad if you will explain or reconsider
the language employed." For myself, said Mr. B., I have
no desire for war with England: so far am I from desiring
it, that I would consent to sacrifice all but our honor in order
to avoid it. But I think Mr. Webster to blame in not no-
ticing language which I consider as containing a very distinct
and intelligible threat. But let that pass.
I now inquire whether the Secretary is right in the view
he takes of the law of nations; and I have some remarks to
offer in reference to that question. Even if he were right,
still I think that common prudeesce would have dictated to
him not to express his opinion so strongly. It was then a
judicial question pending, and eventually to be decided by'
the highest court in the State of New York; a tribunal which,
on all hands, and by Mr. Webster himself, is admitted to be
eminently entitled to confidence. Suppose it should happen
(as it will happen, if my humble judgment of the law should
prove correct) that the Supreme Court of the State of New
York and the Secretary of State of the United States should


differ in opinion as to the legal question. Suppose an ap-
peal should then be taken (if such an appeal may be taken)
to the Supreme Court of the United States, and it should
there be decided, as I feel great confidence that it would be,
against the opinion of the Secretary of State, what would be
the condition of this Government !
The judicial authority[will be on one side of the question, and
the Executive Government on the other. Whilst the Judi-
ciary decide that McLeod is responsible in the criminal
courts of New York, the Secretary decides that he is not.
By prejudging this pending judicial question, the secretary ha.


placed himself in an awkward dilemma, should the Supreme
Court of New York determine that the recognition and jusli.
fiction by the British Governmentof the capture uf the (aro-
ine does not release McLeod from personal responsibility.
In common prudence, therefore, Mr. Webster, ought to have
expressed no decided opinion on this delicate question ; but
left it to the Judiciary as Mr. Van Buren's administration
had done.
But the Secretary of State thought otherwise. The im-
perious tone of Mr. Fox's letter does not seem to have pro-
duced any effect on his mind. Three short days after its
date, on the 15th March, 1841, he issues his instructions
to the Attorney General. These instructions are tke real
substantial answer to Mr. Fox's letter, and have proved en-
tirely satisfactory to the British Government, as they could not
have failed to do. The letter written by Mr. Webster on
the 24th of the succeeding April will never disturb that Gov-
ernment. Long before it was written the Secretary had
granted them every thing which they could have desired.
He at once, by these instructions, abandoned the position
so ably maintained by Mr. Van Buren's administration, that
McLeod would still bo responsible, individually, notwith-
standing the British Government might recognize the de-
struction of the Caroline. In condemning this position, he
uses terms almost as strong as Mr. Fox had done in de-
nouncing it. He says, that an individual forming part of
a public force and acting under the authority of his Govern-
ment is not to be held answerable as a private trespasser or
malefactor, is a principle of public law sanctioned by the
usages of all civilized nations, and which the Government of
the United States has no inclination to dispute."
As actions speak louder than words, what did Mr. Web-
ster do with this threatening letter staring him in the face?
With fiery e.p.dnioi, he has his Attorney General on the
way to Loekport; and I cannot but think, from my personal
knowledge of that officer, that the mission on which he was
employed could not have been very agreeable to him. He
informs the British Government at once, for we ought never
to forget that the letter to Mr. Crittenden is in substance
the Secretary's answer to Mr. Fox, that if it were in the
President's power to enter a nolle prosequi against McLeod, it
should be done without a moment's delay. "Ifthis indictment,"
says he, "were pending in one of the Courts of the United
States, I am directed to say that the President, upon the re-
ceipt of Mr. Fox's last communication, would have immedi-
ately directed a nolle prosequi to be entered." But as this was
not in Mr. Webster's power, the Governor ofN.York wasin
the next place to beassailed, in order to accomplish the same
purpose. Mr. Crittenden was informed that he would "be
furnished with a, copy of this instruction, for the use of the
Executive of New York and the Attorney General of that
State." Whether," says the Secretary, in this case, the
Governor of New York have that power, or, if he have,
whether he would feel it his duty to exercise it, are points
upon which we are not informed."
But the Governor of New York proved to be a very restive
subject. He felt no inclination whatever to enter a nolle
prosequi against M'Leod. I have seen, somewhere, a cor-
respondence between that officer and the President, but I can
not now find it. The tone of this correspondence on the part
of the Governor evinced a spirit of determined resistance to the
suggestion of the Secretary. The Governor complained thai
the District Attorney of the United States was acting as
the counsel of M'Leod. This, however, according to the ex-
planation of the President, happened by mere accident; the
attorney havingbeen retained as counsel sometime before his
appointment. The correspondence, at all events, is sufficient
to show that Governor Seward did not participate in the
views and feelings of the Secretary of State towards M'Leod
and we know that he did not approve of entering a nolle pros-
equl in his case.
But the Attorney General of the United States was armed
with instructions from the Secretary of State, to meet every
contingency. If M'Leod could not be discharged by a nolle
prosequi; if he must be tried, then Mr. Crittenden was t,
consult with M'Leod's counsel and furnish them the evidence
material to his defence, and he was even "to see that he havm
skilful and eminent counsel, if such be not already retained."
It is no wonder that it appeared very strange to Governor
Seward to find the authorities of the United States thus ac
lively and ardently engaged i; defending M'Leod, whilst the
authorities of New York were enlisted with equal vigor in hit
prosecution.
The defence of this man, who had no claim to peculiar fa
vor, except what arose from an earnest desire to please and
satisfy the British Government, became the object of the Se-
cretary's peculiar solicitude, and this, too, in the face of a
plain, palpable menace from that Government.
The next thing we might hear would be a bill of cost and
counsel fees against this Government for the defence of Me
"Leod ; it having beens t inpo i a. ft dotya on ewr Attorney
General to see that" he had skilful and eminent counsel."
Now, there are features in this transaction any thing but
creditable to our national character. I think that sufficient'
decision and firmness have not been displayed by the Ameri
can Secretary of State. It will ever prove a miserable policy
to attempt to conciliate the British Government by conces-
sion. It was the maxim of Gen. Jackson that in our foreign
relations we should ask only what was right, and submit t.
.,iihing that was wrong; and, in my judgment, the observ-
air.. .-, that maxim is the very best mode of preserving peace
When a nation submits to one aggression, another will soon
follow. It is with nations as it is with individuals. Manly
and prompt resistance will secure you from a repetition of in
suIt. Ifyou yield once, you will be expected to yield again,
and then again, till at length there is no end to submission.
I do not pretend that Mr. Webster has done wrong intention-
ally; all I mean to say is, that, in my judgment, he has not,
in this instance, displayed a proper and becoming American
spirit. If he had waited a little longer before he prepared his
instructions to the Attorney General; if he had taken time
for reflection before he despatched that officer crusading to
New York, his conduct would probably have been different
According to the practice of diplomacy, a copy of these in-
structions was doubtless at once sent to Mr. Fox. It is cer-
tain that they were known to the British Government before
the 6,h of May, because on that day they were referred to by
Lord John Russell on the floor of the House of Commons as
a document in possession of the British Cabinet.
I shall now offer a few remarks on the question of public
law involved in this case, and then close what I have to say.
I sincerely believe the Administration of Mr. Van Buren was
perfectly correct on this doctrine, as laid down by Mr. For-
syth. If I had found any authority to induce me to enter-
tain a doubt on that point, I would refer to it most freely. I
now undertake to say that the only circumstance which has
produced confusion and doubt in the minds of well-informed
men on this subject is, that they do not make the proper dis-
tinction between a state of national war and national peace.
If a nation be at war, the command of the sovereign power
to invade the territory of its enemy, and do battle there against
any hostile force, always justifies the troops thus engaged.
When any of the invaders are seized, they are considered
as prisoners of war, and as having done nothing but what the
laws of war justified them in doing. In such a case they
can never be held to answer, criminally, in the courts of the
invaded country. That is clear. The invasion of an ene-
my's territory is one of the rights of war, and, in all its neces-
sary consequences, is justified by the laws of war. But there
are offences, committed even in open war, which the express
command of the offender's sovereign will not shield from ex-
emplary punishment. I will give gentlemen an example. A
spy will ba hung, if caught, even though he acted under the
express command of his sovereign. We might cite the case
of the unfortunate major Andre. He was arrested on his
return from an interview with Arnold, and, his life being in
danger, the British commander (Sir Henry Clinton, I bdieve)
made an effort to save him, by taking upon himself the re-
sponsibility of his act. But although ihe had crossed our
lines, whilst the two nations were in a state of open and fla-
grant war, in obedience to instructions from his commander-
in-chief, yet Washington, notwithstanding, rightfully hung
him as a spy.
Now, let me tell whoever shall answer me, (if, indeed, any
gentleman will condescend to notice what I have said-for it
seems we on this side of the House are to do all thespeaking,
and they all the voting,) that all the authorities concur in
declaring thatlhe 1hw of nations protects individuals while
obeying the orders of their sovereign, during a state of open
and flagrant war, whether it has been solemnly declared or
not, and whether it be general or partial. These authorities
go no further. But, to decide correctly os the application of
this principle in the case before us, we must recollect that the
two belligerents here were England on the one hand and her
insurgent subjects on the other, and that the United States
were a neutral Power, in perfect peace with England. But
what is the rule in regard to nations at peace with each other?
This is the question. As between such nations, does the
command of an inferior officer of the one, to individuals, to
violate the sovereignty of the other, and commit murder and
arson, if afterwards recognized by the supreme authority, pre-
vent the nation whose laws have been outraged from punish-
ing the offenders't Under such circumstances, what is the
law of national The doctrine is laid down in Vattel, an au-


thor admitted to be of the highest authority on questions of
international lAw; and the very question, toteom vera bisa,
which arises in this case, is in his book stated and decided.
He admits that the lawful commends of a legitimate Govern-
men', whether to its troops or other citizens, protects them
from individual responsibility for hostile acts done in obedi-
ence to such commands, whilst in a state of open wsr. In
such a case, a prisoner of war is never to be subjected to the
criminal jurisdiction of the country within which he has been
arrested. But what is the law of nations in regard to crimi-
nal offenr-aes committed by the citizens or subjects of one
Power. iihin thesovereignty and jurisdiction of another,
they being at peace with each other, even if these criminal
acts should be recognized and justified by the offender's sove-
reign ThiW is the case of the capture And destruction o'


the Caroline. The subject is treated of by Vattel, under the
head "of the concern a nation may have in these actions of her
citizens," book ii, chap. 6, page 161. I shall read sections '3,
74, and 75:
SH Rwevel, as it is impossible,' says Ihe author, f[or the t-et
,-g1,alted i tN e, ,' fur Ihe 1 n,u1t itg nla and ar.-soluie S Verign iO
modelat bis pleasure all 'h. ,r.iions of his aut i-cls, ar.d i Lu c.ifiena
them on every ecceioan tI' tihe rF,ot e aci ouedilence, It wuulJ ie
unjust toimpute to the n.,,ion or i.h. Sovereign eer-y faultri c.m-
mitted by the citizens. WTe voi,4t n1t, ith.n, to s-a, in ge'rasl,
that we have received an injury from a nation because we have
received it from one of its members."
But if a nation or its chief approves and ratifies the act of the
individual, it then becomes a public I-...:-tFrn, ai I ihe jiinrrd .or .
ty is then to consider the nation as Lii- real ainhLtr .. the rihJ'ry,
of which the citizen was perhaps only ie init,.in r t "
If the offended State has in her power the individual who
has done theinjury, shemay, rtithciit ecraupt, brin him tojus-
lice and punish him. Itf he has escaped and returned to his
own country, she ought to apply to his Sovereign to have justice
done in the ease."
Can any thing in the world be clearer 1 The author puts
the case distinctly. The nation injured ought not to impute
to the Sovereign of a friendly nation the eacts ofits individual
citizens : but if such friendly Sovereign shall recognise the
acts as his own, it then becomes a national concern. But
does such a recognition wash away -he ruilt of theft iofender
and release him from -he Iunrt;hn.t nit due to his offence un-
der the jurisdiction ofthecountry whose laws he has violated
Let Vattel answer this question. He says: Ifthe offended
Stats has in her power the individual w ho has done the injury,
inay, iwtiout s-:ruple, bring hin justice and punish him."
There is the direct, plain, and palpable authority. And here
permit me to add, that I think I can prove that, atccurdin to
sound reason, the principle is c.rrcEtL; and that the quett'ion
would now be so decided by our courts, even if the law of
nations bad been silent on the subject. This not only is,
iut ig.it to ta.e, the principle ol'pubhe law.
Mr V-blctr, in hi letter to Mr. Fox 'f the "2ih .fArnl,
tells the Bitn.h Miulattsr that the tine of frontller shLt. -
parates the United States fro.mu -ir Britannic MNjl-iv'ts
North American Provinces "is long enough to divide the
whole of Europe into halves."
This is true enough. Now, by admitting the doctrine of
Vattel to be incorrect and unfounded, on whatconsequences
are we forced'? I beg Senators to consider this question.
The line which separates us from the British possessions is
a line long enough to divide Europe into halves. Heaven
knows I have no desire to seesa rebellion in Canada or the
Canadian provinces annexed to the United States; but no
event in futurity is more certain than that those provinces
are destined to be ultimately separated from the British em-
pire. Let a civil war come, and let every MeNab who shall
then have any command in the British possessions along this
long line be permitted to send a military expedition into the
territory of the United States whenever he shall believe or
pretend that it will aid in defending the royal authority against
those who are resisting it, and war between Great Britain and
the United States becomes inevitable. A British subject
marauding under the orders of his superior officer on this side
of the line is seized in the very act. Well, what is to be
done I I suppose we are to wait until we can ascertain whe-
ther his Government chooses to recognize his hostile or crimi-
ias act, before we can inflict upon him the punishment which
he deserves for violating our laws. If it does, the jail
door is immediately to be thrown open ; the offender, it may
be the murderer, takes his flight io Canada, and we must
settle the question with the British Government. Such is
the doctrine advanced by the British Government and our
own Secretary of State. This principle would, as I say, lead
us inevitably into war with that Power. What can be done
in a state of war? In that case, the laws of war provide
that persons invading our territory who are captured, shall be
considered and treated as prisoners of war. But while the
,wo countries continue at peace, a man taken in the flagrant
act of invasion and violence cannot be made a prisoner of
war. McLeod, however, is not to'be treated on this prin-
ciple, and punished under our laws if he he guilty, lest we
should offend the majesty of England. The laws of New
York are to be nullified, and the murderer is to run at large.
But if the principle laid down by Vattel be sound and true,
all difficulty at once vanishes. If such an offender be caught
in the perpetration of a criminal act, he is then punished for
his crime. Let him be tried for it at least, and then, if there
are any mitigating circumstances in his case, for the sake of
good neighborhood let him escape. There will then be no
anger of war from this cause. Let me suppose a case. Sup.
nose Colonel Allan McNab should take it into his head that
there exists in the United States a conspiracy against the
British Government, and should believe that he could unra-
vel the whole plot by seizing on the United States mail in its
passage from New York to Buffalo. He places himself at
the head of a party, comes over the line, and seizes and robs
the -nail, but in the act he isoverpowered and arrested, and
he i ir indicird before a crimiinat emasvef tbi Unite-f ates .
Will it be maintained that, if the British Government should
say, We recognize the act of McNab in robbing your mail as
we have already recognized that of his burning your steam-
'oat and killing your citizens, would- Mr. Webster be justi-
fied in directing a nolle prosequi to be entered in his tavor,
and thus suffer him to go free ?
I do riot say that the British Government would act in this
manner: but I put the case as a fair illustration of the argu-
ment. There was one case in which something very like
this might have happened, and it was even thought probable
that it would happen. It was reported that an expedition had
been planned to seize the person of McLeod, and to carry him
off to Canada; and I believe that a very distinguished and
gallant general in the United States service, (Gen. Scott)-
an officer for whom, in common with all his fellow-citizens,
I cherish the highest respect and regard--went, in company
with the Attorney General, to Lockport; and it was cerjec-
tured that he had received orders to hold McLeod and defend
the Lockport jail against any incursion of Sir Allan McNab
or any other person.
Suppose now that such an expedition had been set on fool;
that it had succeeded, and that McLeod had been seized and
carried eff in triumph, the two nations being still in profound
peace. The rescue of a prisoner is a high criminal offence.
What would have been done with McNab if he had velun-
tarily come within ourjurisdiction and been arrested4l If he
could be indicted and tried and punished before the British
Government should have time to recognize his act, very well.
But if not, then, at the moment of such recognition, he would
be no longer responsible and must forthwith be set free. The
principle of Vattel, rightly understood, absolutely secures the
territorial sovereignty of nations in time of peace by permit-
ting them to punish all invasions of it in their own criminal
courts, and his doctrine is eminently calculaleil to preserve
peace among all nations. War has its own laws, which are
never to be extended to the intercourse between nations at
peace.
The principle assumed in Mr. Fox's letter is well calculat-
ed for the benefit of powerful nations when contending against
their weaker neighbors. (But in saying this I do not mean
to admit that we are a weak nation in compaosson with Eng-
land. We do not, indeed, wish to go to war with her, yet I
am confident in the belief that whatever we might suffer dur-
ing the first period of such a contest would be amply compen-
sated by our success before we reached the end of it.) But
let me present an example.
Let us suppose that the empire of Russia has by her side a
coterminous nation, which is comparatively weak. A Rus-
sian Colonel, during a season of profound peace, passes over
the boundary, and commits some criminal act against the citi-
zens of the weaker nation. They succeed, however, in seiz-
ing his person, and are about to punish hima according to tho
provisions of their own laws. But immediately the Russian
double-headed black eagle makes its appearance; a Russian
officer says to the authorities of the weaker nation, Stop;
take off your hands; you shall not vindicate your laws and
sovereignty. We assume this man's crime as a national act.
What is the consequence ? The rule for which Britain con-
tends will in this case compel the injured nation, though the
weaker, to declare war in the first instance ariinst heir m ron-,r
neighbor. But she will not do it; she will nutt Ie um. tl's
actor, from the consciousness of her weakness and the instinct
of self-preservation. This principle, if established, will en-
able the strong to insult the weak with impunity. Bet take
the principle as laid down by Vattel. The weaker no'ion
defends the majesty of her own laws by punishing the Rus-
sian subject who had violated them ; and, if war is to ensue,
Russia must assume the responsibility of declaring it, in the
face of the world, and in an unjust cause, against the nation
whom she has injured. It is said that one great purpose of
the laws of nations ia to protect the weak airainst the strong,
and never was this tendency more happily illustrmidd than by
this very principle of Vattel for which I am contending.
I therefore believe that the Secretary of State was as far
wrong in his view of international law as in his haste to ap-
pesee the British Government, in the face of a direct threat,
by his instructians to Mr. Crittenden. The communication
of these instructions to that Government, we know, had the
desired e.ffect. They went out ,miupdiasi lv l.- Ei)gland; and
no sooner were they known on "hiar aid.' ml the winter, than in
a moment all was calm and t'rsnquil. Thestorm, portendingt
war, passed away, and tranquil peace once morn returned and
smiled over the scene. Sir, the British Governnent must
have been hard-hearted indeed, ifa perntsrl of those instruc-
tions did not soften them, and afford them the most amtlo


satisfaction. This amiable temper will never even be ruffled
in the ,l;ghtest degree by the perusal of Mr. Webster's letter
to Mr. Foa, written six weeks afterwards. The matter had
all been virtually ended before its date.
In the views I have now expressed I may be wrong; but,
as an American Senator, without any feeling on my part but
such as I think every American Senator ought to cherish, I
am constrained to say that I cannot approve of the course
pursued by the Secretary of State in this matter; while, at
the same time, I hope and trust that no other occasion may
arise, to demand from me a similar criticism on the official
conduct of that gentleman,


j -







N


-.- .-.


DEBATE IN THE SENATE.

THE CASE OF McLEOD.

THURSDAY, JUNE 10, 1841.
The question before the Senate being the motion of Mr.
Rtsxs to refer so much of the President's Message as relates
to our foreign affairs to the Committee on Foreign Affairs,
and Mr. BUCHANAN having concluded his remarks on the sub-
ject, as published in yesterday's paper-
Mr. RIVES rose in reply, and commenced by observing
that, as a member of the Committee on Foreign Relations, it
was fit and necessary that he should offer some remarks on
the subject which had thus been urged on the notice of the
Senate. Nothing could present a more striking example ol
the tendency of all subjects discussed in our public bodies to
assume a party character than the remarks of the honorable
Senator from Pennsylvania, (Mr. BUCHANAN,) which had
just been submitted to the Senate. The gentleman had com-
menced by a disclaimer-most honestly uttered, Mr. R. had
no doubt-ofthe influence of any thing like party feelings in
what he should say; and yet he had hardly entered upon the
threshold of his subject, when the habitual and unconscious
bias of a party man, as the Senator frankly avowed himself
to be, exhibited itself in a manner too unequivocal to be mis-
taken.
All who have had occasion to treat, in our legislativehalls,
questions such as that now presented to the notice of the Se-
nate, must have felt how difficult it often is to reconcile the
impulses of an American spirit with the measure and reserve
which might seem to be due to the natural susceptibilities of
foreign Powers. In the view taken by the'honorable gentle-
man of the aggravated character of the outrage perpetrated in
the destruction of the Caroline," Mr. R. said he heartily
concurred. The gentleman had not uttered a word in repro-
bation of that transaction to which his heart and his judg-
ment did not respond. But the very terms in which the Se-
nator denounced and characterized the aggression made it a
national wrong, to be redressed by national means, and not
to be avenged by visiting the responsibilities of this public
offence on the head of such an instrument as Alexander Mc-
Leod, if, indeed, he were at all an actor in the scene, as there
is every reason to believe he was not.
Mr. Rivza said he should endeavor, in the outset, to recall
the discussion to its true merits-to the question of interna-
tional law, which the Senator from Pennsylvania had advert-
ed to only in the close of his remarks. He should place it in
the foreground of the argument, because by it only can the
conduct of the Administration, in the particular in which it
is now impugned, be fairly tried and judged. He would not
go back to recapitulate the history of the controversy respect-
ing the destruction of the Caroline further than to show the
new position which the question assumed immediately upon
the accession of the present Administration to power.
This unwarrantable outrage, involving a violation of the
national sovereignty over our territory, as well as the destruc-
tion of the lives and property of American citizens, was com-
mitted in December, 1837, and aroused a general feeling of
indignation throughout the Union. Our minister at Lon-
don, under the instructions of the Government here, address-
ed, in May, 1838, a representation to the British Government
on the subject, to obtain a disaeowal and disapproval of the
act, and also such redress as the nature of the case required."
Notwithstanding the enormity of the outrage, as painted in
this very communication of our minister at London, drawn
up in conformity to instructions from Washington, the late
Administration, the Senator's political friends, in whom he
thinks there was no want of energy in prosecuting the de-
mand for redress, actually slept over this national injury from
May, 1838, to March, 1841, when they went out of power!
And so profound was their slumber that, in a late debate in
the House of Commons, the British Secretary of State for
Colonial Affairs (Lord John Russell) stated that the com-
plaint of the American Government was, for a long period,
considered as dropped. It is true that Mr. Stevenson, who
could not but feel the awkward contrast between the lofty
tone of his communication to Lord Palmerston, in May,
1838, and the patient acquiescence which followed in the
long continued silence of the British Government, did, in
July, 1839, write to Mr. Forsyth to know if he should renew
the subject with Lord Palmerston, and, if so, the degree or
urgency he should adopt. To which Mr. Forsyth replied
no; "the President expects, from the TONE of Mr. Fox's
CONVERSATION, that the British Government will answer your
application in the case, WITHOUT MUCH FURTHEa DELAY."
But, in point of fact, no answer was given by the British
Government down to the period of the late Administration's
exit from power.
All this while, then, the destruction of the Caroline"
stood unexplained and unavowed by the British Government,
and there was nothing of a conclusive nature to determine
whether it was to be viewed as an unauthorized act of indi-
viduals or as the public act of the British authorities. In
this state of things, McLeod, in November last, came into
the State of New York, and having, from his idle, and, as is
now universally believed, false boasts, incurred the suspicion
of having been a guilty and conspicuous actor in the destruc-
tion of the Caroline, he was arrested and indicted therefore
upon a charge of murder and arson. Mr. Fox, on the 13th
of December, demanded of the Government of the United
States the liberation of McLeod, on the ground "that the de-
stiuction of the steamboat Caroline is well knowfl to have
bean a pttblic actl of persons in Her Majesty's service, obeying
the order of their superior authorities." The demand was
refused, because the Government of the United States hadt no
right to interfere with the judicial tribunals of New York,
wtialcb tad taken cognizance of the case; and in regard to the
declaration of Mr. Fox, Mr. Forsyth stated that if thie de-
struction ofthe Caroline was a public act of persons in Her
Majesty's service, obeying the order of their superior authori-
ties, the fact has mot been before communicated to the Gov-
ernment of the United States by a person authorized to make
the admission; and it will be for the court which has taken
cognizance of the offence with which McLeod is charged to
decide upon its validity, when legally established before it."
Mr. Fox, recurring to the same subject, in his letter to Mr.
Forsyth of the 29th December, 1840, stated that "he was
not authorized to pronounce the decision of Her Majesty's
Government upon the remonstrance which had been addlress-
ed to it by the United States against the act in question."
Thus stood the question at the accession of the present
Administration. The destruction of the Caroline had Hot
as yet been avowed bythe British Government as a public and
authorized act. But on the 12th of March, eight days after
the inauguration of President Harrison, Mr. Fox addressed
a letter to Mr. Webster, Secretary of State, informing him
that he was then instructed by his Government to satte that
"the transaction," (the destruction of the Caroline within the
territorial limits of the United States,) "on account of which
McLeoJ was arrested, was a transaction of a public character,
planned and executed by persons duly empowered by Her
Majesty's colonial authorities to take any steps and to do any
acts which might be necessary for the defence of Her Majes-
ty's territories, and for the protection of Her Majesty's sub-
jects ; and, consequently, that those subjects of Her Majesty
who engaged in that transaction were performing an act of
public duty, for which they cannot be made personally and
individually answerable to the laws and tribunals of any for-
eign country." Upon these grounds, he was instructed to
demand again from the Government ofthe United States the
immediate release of Alexander McLeod.
This communication of the British minister gave a new
aspect to the subject, and presented for the consideration of
the American cabinet a grave question, of the first import-
ance in the intercourse and responsibilities of nations. The
destruction of the Caroline, for a supposed participation in
which McLeod had been arrested and indicted in the courts
of New Yo'i, was now avowed by the British Government
to have been an act of public military force, planned and ex-
ecuted by the competent public authorities, in alleged defence
ot Her Majesty's territories, and, as such, was justified by
Her Majesty's Government at home. However unwarrant-
able the act, from that moment it could be viewed only as a
national wrong, the full responsibility ef which was assumed
by the British Government, and in which the individuals
concerned were but irresponsible instruments, acting under
orders which they were implicitly bound to obey.
Under these circumstances, the present Administration was
called on, within the first week of its official existence, to de-
cide what course was due to the national honor in this new
attitude of things. They could not but admit that, by the
principles of public law, as recognized and sanctioned by the
usages of all civilized nations, persons engaged in military or
naval enterprises, under the orders of their lawful superiors,
could not be held individually responsible for what was done
in the execution of those enterprises. McLeod, however,
was in the hands of the judicial tribunals of the country, and
by regular judicial process only could he be discharged. The
Executive authority had no right to interpose its arm for his
release, What, then, was the answer of the Administration
to the communication of the British Government' It was
such as Mr. R. believed the Senate would feel to be in accord-
ance with the honest national pride of every American bo-
som. It was, in substance, this, for he had not the answer
of the Secretary of State then before him: You (the British
Government) now avow the destruction of the Caroline as a


public act of military and naval force, done under your au-
thority, Henceforward McLeod and others, who acted un-
der your orders, must stand excused in the eye of the law.
Let the courts, in the exercise of the jurisdiction which of
right belongs to them, allow his plea of immunity and dis-
charge; but we hold youe responsible in his place, through all
those modes of international redress which the code of na-
tions has provided for the prosecution or vindication ef na-
tional rights. "The American People," (and here, said Mr.
R. I use, in part, the very words of the answer returned by
the Secretary of State,) "not distrustful of their ability toi
redress public wrongs by public means," is incapable of the
poor revenge of pursuing an individual for a national offence,
in which he was but the instrument of his Government.
Mr. RIvEs appealed to the Senate-to the sentiment of
American pride-to that Roman spirit which, he believed,
yet survived in the bosoms of his countrymen, to say whether
such a reply was not worthy of the country and the Govern-
mentI "Parcere subjects et debellare superhbos" was the
dictate of a lofty and magnanimous spirit, whether in indi-
viduals or in States. Historians have recorded the conduct
of the Roman Senate on the occasion of their ambassador
being killed by the subjects of Demetrius, one of the most
powerful princes of antiquity. Demetrius delivered up the
perpetrators of the act to the Romans; but the Senate, sus-
pecting that he had connived at or encouraged the crime, im-
mediately sent back the'ind4ividual offenders, notifying De-


metrius that they would hold the sovereign, and not the sub-
ject, responsible. Is it in following the example of that preud
Republic that the honorable Senator from Pennsylvania finds
a ground for imputing to the Administration, in the case of
McLeod, a want of proper national tone and spirit ?
But the Senator tells us, also, that he dissents entirely
from the views of the Administration in regard to the prin-
ciple of international law involved in the correspondence be-
tween Mr. Fox and the Secretary of State. What is the
principle thus denied ? I cite it, as the honorable Senator
did, from the letter of instructions to the Attorney General.
It is there laid down in the following words:
"There as, therefore, now an authentic declaration that the at-
tack on the Caroline was an act of public force, done by military
men, under the orders of their superior officers, and is recognis-
ed as such by the Queen's Government." "That an individual
forming part of a public fsrce, and acting under the authority oj
his Government, ia not to be held answerable as a private tres-
passer or malefactor, is a principle of public law sanctioned by the
usages of all civilized nations, and which the Government of the
United States has no inclination to dispute."
The Senator from Pennsylvania contends that this doc-
trine is applicable only to a state of open, formal, and declared
war. In this I beg leave to differ from him. It is applicable
to every case of a military aggression committed by military
men, acting in obedience to their superior authorities, whe-
ther it be in a state of general and formal war or not. What
is the reason of the thing ? Let us not stick in the letter, but
look to the considerations on which the rule is founded. Why
are soldiers and military men not held individually responsible
for acts of violence and trespass committed, in military opera-
tions, on the persons and property of citizens of another na-
tion ? Because in these acts they are the mere instruments
of a higher Power, bound imperatively by their allegiance to
yield their services at the call of the constituted authorities of
their country, and to obey implicitly the orders of their com-
manding officers. It is not for the soldier or the volunteer
(for they both stand on the same ground) to inquire into tihe
justice or legality of the orders he receives. His duty is obe-
dience, while the responsibility fcr his orders is with his
sovereign, or his superior officers who issue them. And
here I beg leave to refer the honorable Senator to his favorite
authority, (Vattel,) from which he read an extract which I
shall presently show completely sustains, when properly un-
derstood, the position he used it to assail. The passage I am
about to read refers to the case of a wanton and unjust war,
of so flagrant a character as to expu.se the sovereign who
wages it to the unanimous reprobation of the whole family of
nations. The author there says:
"But, as to the reparation of any damage, are the military, the
general officers and soldiers, obliged in conscience to repair the
injuries which they have done, not of their own will, but as in-
struments in the hands of their sovereign ?" It is the duty of
subjects to suppose" the orders of the sovereign "just and wise,
&c. When, therefore, they have lent their assistance in a war"
which ia afterwards found to be unjust, the sovereign alone is
guilty. He alone is bound to repair the injuries. The subjects,
and in particular the military, are innocent; they have acted only
from a necessary obedience." "Government would be imprac-
ticable, if every one of its instruments were to weigh its com-
mands," &c.-Vattel, b. iii, c. 11, sec. 187.
In this passage both the rule and the reason of it, respect-
ing the immunity from individual responsibility of persons
employed in military operations, are laid down in the most
comprehensive terms. They are regarded as mere instru-
ments in the hands of the sovereign or superior authorities; as
much so, in effect, as the bayonets they ply or the cannon
they discharge. The rule, too, is expressed in terms so large
and comprehensive as to apply to every kind of war, in regard
to its character forjustice; and to every degree of war, in re-
spect to formality, duration, and extent. There are many
forms and varieties of the state of war. In general, a declara-
tion of war is required, to constitute a solemn or formal war.
But "defensive war requires no declaration, nor even, on
urgent occasions, an express order from the sovereign."-
[Vatlel, b. iii, c. 4, sec. 66.] So as to reprisals, and other
specific and partial acts of hostility. They are nol accompa-
nied with a declaration of war, and yet they are public wars,
though of the imperfect sort. Ritherforth, an able writer on
the law of nature and of nations, has well described these va-
rious degrees and denominations of war. He says:
If one nation seizes the goods of another nation by force, upon
account of some damage, &c. such contentions by force are re-
prisals. There may be likewise other acts of hostility between
two nations which do not properly come under the name of repri-
sals, such'as the besieging each other's towns, or the sinking of
each other's fleets, whilst the nations in other respects are at
peace with one another. These are public wars, because nations
are the contending parties. But aa they are confined to some par-
ticular objects, they are of the imperfect sort," &a.-B. ii, c. 9,
s. 10.
Of these informal and imperfect wars, neither accompanied
with a declaration of war, nor extending into general and
continued hostilities, the examples in modern times are very
numerous. Not to speak of the memorable attack on Copan-
hagen, we have had, in our own day, repeated instances of
these local, partial, and isolated hostilities, amounting, never-
theless, during their continuance, to a state of war, and carry-
ing with them all the legal consequences of that state. One
instance was too fresh in his recollection, Mr. R. said, having
occurred during the period of his residence in France, and
furnished too apt an illustration of the principles under dis-
cussion, not to justify a passing notice. While the tyrant
Don Miguel was on the throne of Portugal, he practised the
grossest atrocities, not only on his own subjects, but on for-
eigners resident in his kingdom. The subjects of France
came in for a large share of these injuries and ind;anities
Failing to obtain suitable reparation for them by ......t.ii.,
France resorted first to reprisals on the Portuguese flag; but
these, too, failing'of their desired effect, she despatched a
squadron under Admiral Ronssin, which forced the entrance,
of the Tagus, and, passing through the fire of the fortresses
which line its banks, anchored within gun-shot of the Royal
Palace. The required concessions were speedily yielded to
this vigorous display of force, and Admiral Roussin returned
in a few days to Brest, with the whole Portuguese fleet in his
train, as the trophy of his sudden and successful ceup-
de-main. Here was no formal or declared war. It was an
isolated act of force. And yet will any one contend that if
a sailor of Admiral Roussin had been afterwards found in
Portugal, he could have been made personally answerable for
the loss of life or destruction of property which may have at-
tended the operation in which he bore a part ?
But Mr. R. said he would hasten to present to the Senate
a most respectable authority on the laws of nations, which is
direct and explicit to the point in question. Before doing so,
he would merely premise that the legal effects attributed by
publicists to a state of war related, first, to the impunity of
individuals for any injury to person or property they might
commit in the execution of military operations, and, secondly,
to the right of property acquired in goods taken by one bel-
ligerent from another. The passages he was about to read
from Rutherforth would show that both of these consequen-
ces applied as well to imperfect and informal wars, to repri-
sals, and to isolated acts of hostility, as to wars of the more
formal and solemn kind. First, he says:
The external lawfulness of what is done in a war, in respect
of the members of a civil society, extends to public wars of the
imperfect sort, to acts of reprisals, or to other acts f hostility,"
&c.-RuRmherforth, b. ii, c.9, s.15.
And again he says:
"Neither the reason of the thing nor the common practice ofna-
tions will give them any other impunity, or allow them any
otherwise to obtain property in what is taken, where war has
been declared, than in the less solemn kinds of war, which are
made without previous declaration," &e. In the less solemn
kinds of tsar, what the members do, who act under the particu-
lar direction and authority of .heir nation, is by the law of nations
no personal crime in them ; they cannot, therefore, be punished
consistently with this law for any act in wbich it considers them
only as the instruments, and the nation as the agent."- Idem,
b. ii, c. 9, s. 18.
Mr. R. said he would put one more case, and only one
more, in order to bring more immediately home to the Senate
the principle we have been discussing. He referred to the
attack upon the frigate Chesapeake. It occurred in a time
of profound peace, on the bosom of one of our great estua-
ries, and within the jurisdiction of his own native Common-
wealth. Would gentlemen have held the sailors and ma-
rines of the Leopard personally amenable to our laws, and
avenged the national insult upon them ? I presume not.
[Mr. BENTON, speaking across: I would have hanged
every one of them.]
The Senator from Missouri, we all know, said Mr. R.,
loves a summary mode of proceeding; but would such an
act have been recognized by civilized nations, and approved
by the general sense of mankind ? For the sake of rescu-
ing the conflicts of war from the cruelties and bitterness of
personal revenge) the principle of individual immunity has
been established'by the code of nations; and I rather think
that the Senator himself, upon reflection, would have pursu-
ed a nobler course. He would have obeyed the suggestions
of a loftier chivalry, and directed his demands for redress to
the offending sovereign, and not have wreaked his vengeance
upon an involuntary instrument and an unresisting victim.
Mr. R. said he would now proceed to show that the pas-
sage read by the Senator from Pennsylvania from Vattel,
and on which he so confidently relied to assail and overthrow
the position assumed by the Administration in relation to the
principle of public law involved in the case of McLeod. was.


in truth, an authority directly and expressly sustainingthat
position. Let us again read the passage which the gentle-
man cited from that author, b. ii, c. 6, s. 74 and 75. It con-
sists of two sections. The first is in the following words:
But if a nation or its chief approves and ratifies the act of the
individual, it then becomes a public concern; and the injured
party is tae consider the nation as the real author of the injury, of
which the citizen was, perhaps, only the instrument."
Now, this describes identically the case of MeLeod, in re-
ference to the burning and destruction of the Caroline. That
act has been approved and ratified by the British Govern-
ment, and, consequently, in the words ofVattel, it then be-
comes a public question" between nation and nation, in which
the Government ofthe individual is the real and only respon-
sible party. But the honorable Senator passed lightly over
this section, and dwelt with particular emphasis on the 75th
section, which immediately follows, and is in these words:
"If the offended State hb'3 in her power the individual who has
done the injury, she may, without scruple, bring him to justice
and punish him. If he has escaped and returned to his own coun-
try, she ought to apply to his Sovereign to have justice done in
the case."
The Senator from Pennsylvania read this section as if it
applied to the same case supposed in the preceding section, to
wit, where the act has been approved and ratified by the So-
vereign. But it is perfectly evident from the fast sentence of
the section that it does not; for it would be idle and absurd
to apply to a Sovereign to have justice done upon his subject,


when he had already ratified and approved the act of that
subject. This section, therefore, must necessarily contem-d
plate the case where the act of a foreign subject has not been
approved and ratified by his Sovereign, and affirms the prin-
ciple that, in such case, the offended State maj, by virtue of
her jurisdiction over all persons within her territory, punish
the offending individual, though a foreigner, if she havehim
in her power. It does not contradict, in any degree, the
principle laid down in the preceding section, that, wherethe
act has been approved and ratified by the Sovereign, he is re-
sponsible for the injury, and the individual is to be regarded
only as the instrument. It is an universal rule of interpreta-
tion that, where there is an apparent conflict between parts
of the same authority or law, such a construction shall be
made, if possible, as will give effect to both. The obvious
explanation given above ofthese two sectionsof Vattel satis-
fies this rule, as well as the plain import of the text.
The Senator from Pennsylvania put a case which he
seemed to suppose would fairly test the principle of inter-
national law involved in this discussion. He asked if Col.
McNab should, under the orders of the Colonial authorities
of Canada, seize and rob the mail of the United States,
could he set up his orders as a bar to a prosecution for such
an offence in the American courts'? The case put has not
the remotest analogy to the case of McLeod. Such a pro-
ceeding would be a common felony, incapable of being shel-
tered under any plea of military obedience. The duty of a
military man can never lay him under the obligation of be-
coming a highway robber. The capture and destruction of
the Caroline, on the other hand, however unjustifiable upon
any sound application of the principles of international law,
is shown by all the correspondence and documents relating to
it to have been a military and naval operation, governed by
all the rules and discipline of military service and subordi-
nation.
1 come now (said Mr. R.) to notice some of those topics of
party crimination which the honorable Senator from Penn-
sylvania, notwithstanding his usual parliamentary courtesy,
scattered with no stinted hand in the progress of his observa-
tions. He told us of some mysterious panic which seemed to
have seized upon the minds of men in regard to our relations
with England, extending to Government and People. The
gentleman seemed to insinuate that it was under the influence
of this panic that the Atterney General was despatched with
fiery speed to Lockport, attended by a gallant and distinguish-
ed general officer of the Army, (Major General Scott,) to
shield McLeod from impending danger. In order to complete
this fancy picture, the honorable Senator, for the want of
other material, brought in the precipitate return of the Medi-
terranean squadron as the effect of this same panic at Wash-
ington If the public journals have not grossly falsified the
facts connected with this affair, the return of the Mediterra-
nean squadron was owing to communications addressed di-
rectly to its commander by the American Minister at Lon-
don; and if there was any panic in the case, the gentleman
must fix it elsewhere than at Washington. So far was the
Government from being privy to this movement, that the
Brandywine, the avant-courier of the returning squadron, had
no sooner dropped her anchor within our waters, than she
was sternly and promptly ordered back to her station.
Mr. R. said he did not exactly apprehend for what purpose
the Senator from Pennsylvania had alluded to the mission of
Major General Sc-ott to the frontier, in company with the At-
torney General; but there seemed to be an intimation that it
was to protect McLeod from the anticipated violence of popu-
lar excitement.
Mr. BUCHANAN promptly disclaimed any such allusion.]
r. RivEs. I am happy to find myself mistaken in what
I supposed to have been the meaning of the honorable Sena-
tor. It gives me pleasure to inform him, from a document
now before me, (a letter of Governor Seward to the Seoreta-
ry of War, dated 17th March last,) for what purpose this
gallant defender of his country in war and guardian of her
honor in peace was sent to the frontier. It was for an object
strictly in accordance with his own noble calling-to meet
the possible contingency of an invasion of a portion of our
territory from the adjoining province-a calling to which, I
must be permitted to say, that distinguished officer, already
covered with glory by his deeds in arms, has added a new il-
lustration by his assiduous and successful efforts to maintain
the tranquillity of our frontiers, and to preserve from inter-
ruption, as yet, the peace of two great and kindred nations.
I beg leave (said Mr. R.) to ask the Senator from Penn-
sylvania in what proceedings of the Government he finds the
evidence of an unbecoming spirit of concession to the demands
of the British Government 7 The British Minister, "in the
name of his Government, formally demanded the imnmediatc re-
lease of Alexander MeLeod." Was the demand granted I No,
sir; it was firmly refused, and that refusal victoriously placed
on grounds intimately connected with the sanctity of American
institutions. The British Minister informed the Secretary
of State that her Majesty's Government is of opinion that
the capture and destruction of the Caroline was a justifiable
employment of force for the purpose of defending the British
Territory from the unprovoked attack of a band of British re-
bels and American pirates, who, having been permitted to
arm and organize themselves within the territory of the Unit-
ed States, had actually invaded and occupied a portion of the
territory of her Majesty." How was this met'? By contro-
verting every point in the justification, interweaving, in the
course of the reply, a new, just, and powerful defence of the
high moral character of our legislation and policy on the sub-
ject of neutral obligations, and holding up the mirror" to
the British Government, reflecting the aggravations and enor-
mities of the destruction of the Caroline in a light and colors
so vivid as to lead, it is hoped, to a reconsideration of that act,
revoltinM alike to humanity and to our national sensibility
and honor.
The honorable Senator complimented our minister at Lon-
don for the able and eloquent manner in which he had-pre,
sented this subject to the British Government. Far be it
from me to abate a "jot or tittle" from the praises bestowed
by the Senator upon this distinguished citizen of my own
State; but, without disparagement to him surely, I may ask,
when before has so powerful and graphic a picture of that
outrage, speaking to the moral and almost to the bodily sense,
been exhibited as in the following extract of the reply of the
Secretary of State to Mr. Fox e
"It must be shown that admonition or remonstrance tuo the per-
sona on board the 'Caroline' was impracticable, or would have
been unavailing; it must be shown that day-light could not be
waited for ; that there could be no attempt at discrimination be-
tween the innocent and the guilty ; that it would not have been
enough to seize and detain the vessel; but that there was a ne-
cessity, present and inevitable, for attacking her in the darkness
ofthe night, while moored to the shore, and while unarmed men
were asleep on board, killing some in.- .... ,h.; ..ui.. r-. ind thvn
drawing her into the current, ahoy.: t.., ...-orc., .in,, her ot
fire, and, careltas to know whether there might not be in her the
innocent with the guilty, or the living with the dead, committing
her to a fate which fills the imagination with horror."
Was there any want of American spirit in all thisI No;
sir, no. The destruction of the Caroline being at length
avowed by the British Government as a public act, the Ad-
ministration could not but feel that it was unworthy of its
own character and of the character of the nation, to dignify
a miserable and subordinate instrument who may have been
employed in it, by making him the selected object of national
vengeance. It could not but feel also that the principle of pub-
lic law which exempts these subordinate instruments from in-
dividual responsibility for acts done in obedience to the com-
petent public authorities is a principle founded in reason and
humanity, and recognized by the universal practice of civilis-
ed nations. What, then, did it become a highminded and
honorable Government to do, under these circumstances'!
Frankly and unreservedly to admit the principle-to put itself
in the right-and to do whatever should devilve on it as a
moral and responsible Power, to fulfil and maintain the right.
[t had a higher game-a nobler mission-than to make war
upon McLeod.
It would not comply with the demand to release him, for
that was not of its province; but thinking that the courts, in
the exercise of their own proper jurisdiction, ought to release
him, and charged with the international relations of the coun-
try, it felt itself called on, without interfering with the func-
tions of an independent department of the Government, to
contribute its moral influence in support of a great principle
of international intercourse, on the due observance of which
the harmony of nations essentially depends. The Attorney
General of the United States was, therefore, furnished, from
the archives of the Government, with authentic evidence of
the avowal by the British Government of the destruction of
the Caroline as a public act done under its authority, and
was instructed to visit the scene of McLeod's trial with the
single view of placing that evidence at his disposal, and of
seeing that he had the full benefit of the constitutional pro-
vision which secures to the accused, in all criminal 1.Agse-
cutions, the right to a speedy and public trial by an it,,r|iua l
jury ; to be confronted with the witnesses against him ; to
have process for obtaining witnesses in his favor, and to have
the assistance of counsel for his defence." To have done
less, under the circumstances of the case, would have been
to betray a sacred duty which the Government owed to itself,
to the country, to the cause of humanity, and tothe peace and
harmony of nations.
But the Senator from Pennsylvania thinks that the Ad-
ministration should have been restrained from yielding to
these dictates of duty and humanity, by a sentiment of self-
respect, in consequence of what he denominates a menace con-


tainted in the communication ofMr. Fox. Inwhatdoesthegep-
tleman find this menace? In thesewords: Her Majesty's
' Government entreats the President of the United States to
'take into hismost deliberate consideration the serious nature
of the consequences which must ensue from a rejection of this
demand." Now, sir, however earnest this tenguage, I must
say I see more ofdeprecation than of menace in it. From what
school of diplomacy the honorable Senator has drawn the
sensitive and fastidious standard he applies to this communi-
cation, I know not. But I had thought that, in this practical
and utilitarian age, notions so jealous anti sublimated had
given place to directness and simplicity of speech, and that
an appeal to the candid reflection of a foreign Government
on the consequences which might ensue from the omission
or performance of certain acts, if made in a tone of courtesy
and friendly expostulation, was always held to be admissible,
and sometimes, indeed, proper.
It is a little remarkable that language almost identical with
this, in a letter of Mr. Fox to Mr. Forsyth, of 29th Decem-
ber last, should have passed without arousing, in the slight-
est degree, the jealous sensibilities of gentlemen. In that
letter, Mr. Fox says to Mr. Forsyth:
"I cannot but foresee the verygrave andserious consequences
that must ensue if, besides the injury already inflicted upon Mr.
MeLeod, of a vexatious and unjust imprisonment, any further
harm may be done him in the progress of this extraordinary pro-
ceeding."
But I must say, Mr. President, that punctilios like these
are not of substance sufficient, in my opinion, to occupy, in


this age of the world, the grave discussions of-a body like
the Senate of the United States. The calm dignity of con-
scious strength is not prone to be astute in imagining or sus-
pecting insult. It is ever self-poised and collecte-J, reposing
on the sense of its power, and the justice of its cause. Such,
I trust, will ever be the attitude and bearing of this gallant
Republic of ours. Least of all will it permit itself to be re-
strained from doing what is right by the most unworthy of
all fears-" the fear of being thought afraid."
The Senator from Pennsylvania seems to have forgotten
the illustrious and honored name which was at the head of
this Government when its course was taken in regard to the
affair of McLeod. He indulged himself in painting to the
Senate the haughty mien and indignant defiance with which
he supposes Andrew Jackson would have treated the demand
of the British Minister if he had still held the reins of power.
Though the hero of New Orleans was not then in the Chairof
State, one his compeer in boldness, in fearlessness, in dignity-
one who had been familiar with every form of danger in the
field, and was not to be daunted by the reflection of terrors,
real or imaginary, in the cabinet-- ,ne whom the People of
America had selected for ',;- m,lta,iy and civil services to fill
the seat which Washington had occupied-a veteran who
never shrank from a contest with British power, face to face,
was there. Does the gentleman suppose that he, too, was
panic-stricken ?
The Senator from Pennsylvania may dismiss his appre-
hensions that the honor of the country will be compromised
in the hands of those to whom the nation has entrusted its
keeping. The Chief Magistrate, who now so worthily fills
the place of the lamented Harrison, has given, in a life of
honorable and patriotic service, pledges on which the country
can repose. He has announced the maxims of his policy
towards foreign Powers in terms whieh cannot but command
the universal assent-to render justice to all, submitting to
injustice from none; and white sedulously cultivating the re-
lalions of peace and amity with the rest of the world, esteem-
ing it his moat imperative duty to see that the honor of
the country shall sustain no blemish." To these sentiments
of the President, we find a faithful echo in the language of
the Secretary of State in the close ot his letter to Mr. Fox.
" This Republic does not wish to disturb the tranquillity of
the world. Its object is peace, its policy peace. But still it
is jealous of its rights, and among others, and most especially
of the right of the absolute immunity of its territory from
aggression abroad: and these rights it is the duty and deter-
mination of this Governmen, fully, and at all times, to main-
tain, while it will at the same time as scrupulously refrain from
infringing on the right of others." In sentiments such as
these, we have an abundant guaranty that nothing will be
done or suffered by the present Administration which shall
strike us from the high rank among the nations .where the
virtuous struggles of our ancestors have placed us, and that
it will steadily pursue the noble and comprehensive rule of
action laid down by one of our early and most illustrious
Presidents, to merit the character of a just, and to maintain
that of an independent nation, preferring every consequence
to insult and habitual wrong.

R ED SULPHUR SPRINGS, Va.-The Hotel at this
celebrated Mineral Water is open for the accommodation
of visitors, with all the means necessary to conduct it in the best
styles Superior attendants, cooks, &c. are engaged, and all sup-
plies, foreign and domestic, amply provided.
After the numerous publications of distinguished physicians on
the virtues of this water, it would be supeifluousto add any thing
more than to assure the Public that every succeeding year's ex-
perience establishes its reputation on firmer ground. It has as
yet no rival in its peculiar and extraordinary power of reducing
the frequency of the pulse, in arresting tubercular consumuptian,
bronchitis, hypertrophy of the heart, the sequelhe of pleurisy and
pneumonia, irritations of the mucous membrane of the alimentary
canal, dyspepsia, diarrhli and their consequences, derangements
of the uterine functions, affections consequent upon the abuse of
mercurial remedies, and imparting to the constitution the elasticity
and energy of health. The delightful temperature of the water
(54 degrees) and the romantic character ofthe adjoining scenery,
added to neat and appropriate improvements, clean and comforra-
ble accommodations, with a table that cannot be surpassed in this
region, and the usual sources of amusement, are inducements
which should not be overlooked in selecting a summer retreat.
WM. BURKE,
june 15-law5w Proprietor.
F REDERICK WHITE SULPHUR SPRINGS.
The Proprietor of this pleasant and desirable situation in-
forms the Public that it is now open for the reception of company.
It is situated most conveniently-in facility of access from the
seaboard to mountain air is excelled by no watering place in the
Union, being but one mile distant from Stephenson's Depot, on
the Winchester and Baltimore Railroad, where a public convey-
ance will always meet the cars ascending an I- ..' -.-r- I ...
five miles from Winchester, visited by daily I.: .. -r, Ioi..t
the suarrpunding country. This watering place, long and favora-
bly known under the names of Duvall's and Williams's Sulphur
Spring, ihas been numerously resorted to by persons laboring un-
der liver affection, and other derangements of secretion, with the
happiest effect. The efficacy of the water, attested by numbers
from the Atlantic cities, from which it is peculiarly accessible, is
believed to be equal to any ,medicinal spring in Virginia.
During the past season additional improvements have been
erected to meet the increased demand of visiters-the principal
of which consists of a large three-story brick ..,i.i;.-, ....r. ',,
from forty to fifty rooms-offering, with forirn ,:.. -...... ..
ample comfort to the votary of health or pleasure. Every effort
has been made to place this delightful watering place upon a loot-
ing with the most fashionable places of the kind, and every ex-
ertion will be used to give satisfaction to all who may visit it.
The Proprietor takes pleasure in stating that by an understand-
ing with the owner of the line between Winchester and Wash-
it,gton, that stage running to and front these places will pass re-
gularly by the spring during the season.
g11 The establishment will be under the charge of GoAvitLLC
JORDAN.
june 15-1aw3w BRANCH JORDAN.
A GOOD OPPORTUNITY.- Having concluded to
leave the State of Alabama, I will sell my Cabinet Furni.
ture Establishment, situated on Main street, a few doors below
the State bank; and also my Horse Power Turning Shop, in thie.
city of Tuscaloosa. The lot is finely situated, in every respect,
for the business, and also as a residence.
In front, there are three fine warerooms adjoining, and extend-
ing back on the right wing is a suit of five rooms, used as a dwell-
ing, and on the lefi wing, extending back, is the workshop, ma-
hogany house, carriage house, turning shop, and shed.
My stock consists of a fine assortment ofuiahogany, hardware,
tools, and benches, lumber, furniture car, and a fine hearse, with
a horse that performs his work kindly wherever you put him.
I will sell all the above, i..:. ,.i. i, for six thousand dollars-one-
half cash, the remainder ,.lh, tiv- to be secured; a lien on the
lot would be preferred.
A more particular description of the premises I deem unnecesa-
sary, as the purchaser or his agent will examine them, and he
will soon perceive that such a sacrifice is not to be met with often.
The new and old, as well as my household furniture, I do not
include in the above, but will dispose of it separate.
1 will also sell a lot I use for a garden (which joins my cabinet
establishment) on cheap terms.
Application must be made before the 1st of Jainuary, 1842, for
after that time I will not sell. AUGUSTIN LYNCH.
WANTED. two first-rate Journeymen Cabinet Makers, of
sober habits, to whom constant work and good wages will be given.
Apply to
june 15-w6w AUGUSTIN LYNCH.
In Somerset County Court, May term, 18'1.
In the matter of the petition of Sarah A. J. Dashiell for the divi-
sion ofthe real estate of Benjamin Dashiell, deceased.
THE COMMISSIONERS heretofore appointed for the
purpose of making division of said estate having returned
theirjudgmcnt that the same is incapable of division into any
number of parts without loss to the parties interested, and tire
same having been confirmed by the Court-
IT IS THEREFORE ORDERED this 25ih day of May, in
the year eighteen hundred and forty-otie, that notice be given to
William C. V. Dashicll, one of the heirs and representatives ot
tire said Bentamin Dashiell, who is absent out of the Stale of Ma-
ryland, by causing a copy of this order to be published at least
four successive weeks before the second day of November term
next in some newspaper published in Washington, notifying the
absent representative to appear and make his election according
to the act of Assembly in such ease made and provided.
BRICE J. GOLDSBOROUGH.
True copy--Test: LEVINE HARDY, Clerk.
june 15-w4w
DRAWN NOS. OF THE
UNION LOTTERY,' No. 6,
Drawn June 12, 1841.
D. S. GREGORY & CO., Managers.
46 20 68 19 26 48 21 44 62 51 66 18
june 15-It
THIS DAY.
ALEXANDRIA LOTTERY, Draws.
$9,000--$2,000--$1,500-$ I ,-295--5 of $1,000,
&c. &c. &c.
14 Drawn Ballots out of 78.
Tickets $3--Halves $1 SO-Quarters 75 cents.

ON WEDNESDAY, 16TH JUNE,
CONSOLIDATED MARYLAND LOTTERY, No.'22,
Draws in Baltimore.
$10,000-$2,000--$1 200-$1,104-40 prizes
of $500, &c.
Tickets $3--Halves $1 50-Quarters 75.


ON THURSDAY, 17TH JUNE,
THE ALEXANDRIA LOTTERY, No. 26,
Will be Irawn.
2 Capitals of 10,000 dollars.
15 drawn ballots.
Tickets $5-Halves 82 50-Quarters $1 25.
For sate by D. S. GREGORY & CO., Managers,
Penn. avenue, next door east of Gadsby's, Washington.
ijane 15-3td
5O DOLLARS REWAR D.--Ran away from the sub-
5 scriber on Thursday, 27th May, my negro man TOM,
calling himself TOM TOYER, about twenty-one years of age,
between five and six feet high, rather of a dark copper color,
bumpy face, and has a grum appearance. I will give the above
reward, if taken out of Charles or St. Mary's county, to any one
who will secure him in jail or in any other way that I may get
him again, and $20 if taken in either of the above mentioned
counties and brought safe home to me.
WILSON COMPTON,
june 15-wtf Near Newport, Char'Ps county, Md.
DAVID STEEL ANDI) HENRY B. WARNER
have applied to the Honorable William Cranch, Chief
Judge of the Circuit Court of the D)istrict of Columbia, to be
discharged from imprisonment under the act for the relief of
insolvent debtors within the District of Columbia, on the first
Monday in July next, at 9 o'clock A. M. at the court room, when
and where their creditors are requested to attend.
june 15-3t WM. BRENT, Clerk.


TWENTY-SEVENTH CONGRESS.
FIRST SESSION.

MONDAY, JUNE 14, 1841.

IN SENATE.
The following memorials and petitions were presented and
a[.r..(pro [i Iv referred:
By M'r EVANS: Four memorials in favor of the enact-
ment of a general bankrupt law.
By Mr. WRIGHT: From citizens of New York, in favor
of a bankrupt law.
Also, a remonstrance from the Chamber of Commerce of
New York, against the passage of any bankrupt law.
By Mr. PORTER: From citizens of Michigan, in rela-
tion to a bankrupt law.
By Mr. KERR: From the tobacco planters of Prince
George's county, Maryland, in relation to the high duties
imposed on that staple.
Also, from L. D. Teackle, of Maryland, submitting a plan
of a National Bantik ; which Mr. K. moved to have printed.
Mr. CLAY objected to the printing, on the ground that it
was unnecessary and expensive, and to print all the plans
submitted would be setting a bad example.
Mr. KERR knew nothing of the plan; but thought the
memorial entitled to as much consideration as that of other
gentlemen who had submitted their views on Ihe question.
Mr. CLAY said that others had submitted their plans of
a bank, and the printing of them was refused. He had
several plans from the gentleman who offered this one, and
he thought it better not to print them.
The motion to print was withdrawn, and the memorial was
referred.
By Mr. HENDERSON: From citizens of Mississippi,
for the enactment of a general bankrupt law.
Mr. BERRIEN, from the Committee on the Judiciary, to
whom was referred the memorial in relation to the increase
of the salary of the district judge of Louisiana, asked to be
discharged from the consideration of the same, on the ground
that it was not contemplated to act on any business of a local
character at the present session; though signifying at the
same time that Ihe salary ought, in the opinion of the com-
mittee, to be increased.
Mr. DIXON moved to take up the resolution to proceed
to the election of a printer to the Senate.
Mr. CLAY, of Ala. said he would be gratified if the
Senator from Rhode Island would permit the matter to lie over
until to-morrow.
Mr. DIXON assented, on the ground that it should be
taken up early to-morrow.
The resolution submitted by Mr. BENTON some days since,
calling on the Treasury Department for a statement of the
payments made during the months of March, April, and May
of the present year, coming up for consideration-
Mr. CLAY thought that the information would be con-
tained in the communications from the Dapartment. No ob-
ject, he thought, could be obtained by it, and unless actin
was to result, he objected to embarrassing the Department
by unnecessary calls. Mr.C. moved to liy it on the table.
Mr. WOODBURY asked to have the motion withdrawn,
that he might offer an amendment, which Mr. CLAY hav-
ing assented to, the resolution as amended was laid on the
table, Mr. BENTON giving notice that he would call it up
to-morrow.
The resolution offered by Mr. WOODnBURY on a prior day,
asking information as to applications at the Public Depart-
ments by the holders of State stocks respecting the assump-
tion or payment of the same by the Government, was taken
up, and adopted.
On motion of Mr. WALKER,
Resolved, That the Committee on the Public Lands, to which
was referred a bill to distribute the proceeds of the public, lands,
be instructed to inquire into the expediency of reporting the fol-
lowing amendments :
tst. To adopt a permanent prospective pre-emption system.
2d. A redaction and graduation of the price of the public lands
in favor of actual settlers and cultivators.
3d. A provision granting to each of the new States a quantity of
the public lands within their limits, equal to that heretofore grant-
ed to the State of Ohio for the purpose ofinternal improvement.
4th. A grant of the public lands now remaining unsold in the
State of Ohio to said State, and a sitoiler grant to each of the new
States ofthe lands that may remain unsold within their limits,
when said States respectively shall have become States of the
Union for so long a period as the State of Ohio has been.
5th. That the 2 per cent. fund in such of the States where it is
unappropriated be placed at the disposal of said States respec-
tively.
6lh. That the distribution shall cease whenever the duties upon
any import shall be raised above 20 per cent. or the provisions of
the compromise act of 1833 shall be violated in any manner what-
ever.
Mr. SEVIER having offered the following resolution, it
came up again for consideration, viz.
Resolved, That the Secretary of War be directed to furnish
the Senate with the names of all the contractors in the South-
west who have received enormous profits under Indian annuities,
involving the disbursements of large sums of money for the'emi-
gration and sutibsistence of Indians, as referred to by him in his
communication to the President on the 31st May, 1841, and which
profits were effected by bribing some of the subordinate instru-
ments in the public employment, furnishing the names of those
instruments,or through the mismanagement of higher public agents,
giving thle names of those agents, who can only screen themselves
from suspicion of a connivance in the frauds by submitting to the
imputation of gross negligence or ignorance or incapacity in the
performance of their duty ; and that he furnish to the Senate the
names of all the parries referred to, whether agents of high or
subordinate grade, bribed instruments or contractors, and the
testimony upon which his communication is predicated.
He observed that the resolution was based on the report of
the Secretary of War, embracing the very terms employed in
that document. He offered it in good faith. If such bribery
and corruption as the Secretary alluded to did exist, he de-
sired it should be exposed, and was willing to aid in exposing
it; but he wanted to know where it was, and who were the
persons alluded to.
Mr. MOREHEAD had no doubt ofthe sincere intentions
of the Senator from Arkansas in offering the resolution, but
he would remind him that the investigation to which the re-
port alluded was as yet incomplete; inquiries had been insti-
tuted, but they had not been fully prosecuted. Would it not
be better to wait the result? If the Secretary should make
a report at this time, it must of necessity be but partial and
imperfect. He would suggest the propriety of giving the re-
solution such a shape as to require a full report at the regular
session of Congress. The inquiry, if insisted on at this time,
could only operate to embarrass the Secretary in prosecuting
the investigation commenced, and now in progress. This,
he was very sure, the honorable Senator could not desire;
and he would therefore move that the resolution be laid upon
the table.
He consented to withdraw the motion at the request of
Mr. SEVIER, who observed that the honorable Senator
from Kentucky had not been in his place when the resolution
was offered. It was founded, altogether, on the language
used by the Secretary in his report, (which Mr. S. quoted.)
He said he had received a letter from Captain Stephenson, an
officer of thie U. S. Army, who had been the agent who dis-
bursed all the money for the transportation of these Indians
from the very commencement of the system of emigration
until the present time. HTe was the son of a gentleman well
known to many members of the Senate, and who had form-
erly been a member of the other House frem the Harper's
Ferry District. The name and character of the son were
well known throughout the Southwest, and he claimed to
know whether or not he was the person alluded toby the
Secretary in the language he had employed in a document laid
before the whole world.
Mr. S. would appeal to the Senator's magnanimity, to his
sense of justice, to say whether a man's character was to be
implicated in the most serious charges, publicly made, and he
not allowed aa opportunity to defend himself) The imputa-
tion implied by this report upon his integrity would fix sus-
picion upon him, and when was it to be removed Captain
Stephenson had been succeeded in office by Captain William
Armstrong: these two gentlemen, and these alone, had been
concerned in the disbursements alluded to; and Captain
Armstrong had since been retained in office by this very Sec-
retary of War. That officer, then, must believe him to be
competent to the duty and worthy to be entrusted with its
performance: the imputation of corruption must, therefore,
attach itself to Stephenson, and to him alone. A man 2,000
miles off was to be held up to his brethren in arms as an offi-
cer who had been concerned in bribery or in conniving at it
on the past of others. If a man of honorable standing, and
a military man too, was to be obviously pointed at in a public
official document in the face of Congress and of the nation,
should he not be able to obtain an avowal that he might be
able to reply'l That individual had called upon Mr. S. to
take the necessary means to bring the truth to light. If any
bribery had taken place, it must have been on the part of
subordinate agents, and Mr. S. wanted to know who they
were. Messrs. Stephenson and Armstrong were both from
Missouri: if the citizens of Arkansas were implicated, Mr.
S. wanted to know it. He demanded, in his place, the testi-
mony on which the charge was made that the people of his


State had lent themsrlvea as instruments of bribery. If, as
the Senator from Kentucky said, the investigation was yet
incomplete and the evidence imperfect, then the Secretary
ought to have deferred this portion of his report. The Sec-
retary told Congress that one or two of the contractors had
made vast profits through the connivance either of Captain
Stephenson or Captain Armstrong. It seemed we were to
have a Star-chamber investigation: a man's good name was
to be destroyed forever, and he to have no opportunity to de-
fend himself. If a practice like this was to prevail, the life
of a public officer would soon be worth not a day's purchase.
A Mr. Glasgow and a Mr. Harrison were the contractors
who appeared to be pointed at; and Stephenson or Armstrong
the officers who had connived at their bribery. Now, every
body knew that Government contracts were matters of con-
test, for which different parties were in the habit of bidding,
as in the case of post office contracts; and it often happened
that those who failed to obtain the contract were very sore,
and, in consequence, misrepresented the conduct and charac-
ter of their successful rivals, made charges against them in
the dark, and wholly ex parts, to which the slandered indi-
vidual had no fair opportunity to reply. In this matter Mr.
S. sought the truth, and that alone; he pledged himself to
lend his aid in ferreting out corruption, if any existed, he did
not care where it might be found.
While up, he would refer to another matter. The remov-
ed Indians were, according to treaty, to be fed at the expense
of Government for twelve months after their arrival at their
new homes, this had usually beer done by contracts, public-


ly advertised to be bid for. Why had that course not beeli
pursued in relation to the Seminole Indians lately ta r,,iirtl.g?
He took it for granted they were fed ; but how it was done,
nobody knew. No contracts had been advertised, and what
course had been taken by the Secretary to avoid similar com-
plaints of corruption and connivance next year 1 The con-
tracts this season had been made privately, or not at all. Mr.
S. had heard some things about this matter which he would not
repeat here. He would be the very last man to do the Secretary
injustice, or to impede a fair investigation into public abuses.
The S-?.trstarm night send the Custom-house commission
from Nc Y, tk into the woods of Arkansas, if he liked, or
the commission about the public buildings here, if he prefsr-
red it, and give them as many dollars a day as he liked. Mr.
S. would throw no obstacle in the way. On the contrary,
he would stand by him and help on the search ; but surely
it was right to give a man fair play, and not kill him by in-
sinuations without coming out plainly and giving him a chance
to answer. He should have supposed the Senator from
Kentucky would have been the last to oppose a resolution
like this.
Mr. MOREHEAD said it would give him very great
pleasure to unite with the Senator at a proper time in mak-
ing the call proposed ; but he did not think the present called
session that proper time: and this consideration would of it-
self be a sufficient reason for rejecting the resolution at pre-
sent. The only effect of it would be to produce embarrass-
ment: the time must come when the whole matter would be
probed to the bottom. The statement of the Secretary in-
culpated no individual-it was of a character entirely general.
Mr. M. here quoted the report in confirmation of the
ground he had taken, that the investigation was only com-
menced: it was in progress: but at this lime it was impos-
sible for the Secretary to present any definite or conclusive
statement in reply to the call, if made. If the Senator still
persisted in urging the resolution, Mr. M. must repeat his
motion to lay it on the table.
Mr. SEVIER demanded they..- and nanes; which, being
taken, resulted as follows: Yeas "2-'I, iia "-'2.
So the resolution was laid on the table.
Mr. BENTON said he should move to take it up again
to-morrow.
CASE OF McLEOD.
The motion of Mr. RIvEs to refer so much of the Presi-
,dent's Message as refers to our foreign relations to the Com-
mittee on Foreign Relations, being taken up-
Mr. PRESTON, who had the floor from Friday last, pro-
ceeded to address i he Senate in reply to the remarks of Messrs,
BUCHANAN and CALHOUN.
Our limits enable us to present but a brief general outline
of the interesting speech delivered by Mr. PREsTsroN. He
commenced by promising to show how kiucerely he concur-
red in the determination which had been avowed on his side
of the Senate to save the public time by c.'-itre--iiv'g his re-
marks into as short a space as possible. Ho could not feel
excused in giving a silent vote, because the principles in-
volved were of the deepest importance as well as the widest
application, and their effect must operate through all time.
He was bound to enter his protest against views which wete
not only in contradiction to those lafd down by all the pub-
licists, but were in plain opposition to the dictates of morali-
ty and the high and pure spirit of the Christian religion.
He arranged the objections which had been made to the
course pursued by Mr. Webster under four heads. First,
that there was not a proper tone in the reply which he had
given to a demand from the British Minister, accompanied by
a palpable threat. Secondly, that he had been too hasty and
too frank in announcing his concurrence in the principles of
national law laid down by Mr. Fox. Thirdly, that he was
mistaken in his views of the law of nations. And, fourtlily,
that fie had committed an error in sending the Attorney Ge-
ineral into the State of New York.
And first, Mr. P. admitted that the demand of Mr. Fox
had been made in very peremptory terms, and that there was
a haughtiness about his reference to consequences which was
wont to characterize the diplomatic intercourse of Great Bri-
tain with other nations, and which they were not wont to
meet as they ought to do. He should not have been indis-
posed to infuse something more of abruptness and a corre-
sponding peremptory tone into our reply, for it was necessary
that all sovereigns, in treating with each other, should as-
sume the same high port and .nmpl,3y the same dignified lan-
guage. A haughty manner must be met with haughtiness, if
ever it is hoped to exact that homage which the proud never
pay but to the proud. Yet he thought Mi. Webster's tone
had enough of this to satisfy the requirements of a mo.lerate
though a firm and a spirited people. Mr. P. treated the at-
tack upon the correspondence as obviously a party movement,
directed against the Administration. He then adverted to the
general approbation with which Mr. Webster's last letter had
been received throughout the country, and pronounced an
eloquent eulogium on the paper as exhibiting a noble stream
of argument, clear, convincing, irresistible, and swelling at
times into a sublime eloquence, such as had not been exem-
plified in our previous diplomacy on this subject. As to the
alleged threat, there might be some question as to its terms
bearing that character, although Mr. P. frankly confessed
that in his ear it sounded very much like a menace. But
language of this sort was not unfrequent in diplomacy. Mr.
Rives had employed terms quite as strong in his late inter-
course with the Court of France, and Mr. Forsyth language
infinitely stronger in his correspondence with the Spanish
Minister, Don Onia. Yet the use of such language by pub-
lic ministers had not been considered as cause for war. True,
the threat, if it were one, derived more consequence from
having been made in the very words of Lord Palmerston.
But the demand of Great Britain had riot been acquiesced in,
and the invitation to look at consequences had been retorted
by our own Government in terms quite as intelligible and
decided as those employed by that of Great Britain. In sup-
port of this view, Mr. P. appealed to three several clauses in
different parts of Mr. Webster's communication, which he
quoted with much emphasis, as evincing any thing but a dis-
position to quail or to yield under threats of Great Britain.
As to the avowal of concurrence in the British views of
international law being made with too much promptitude and
frankness, he considered it as worthy of all praise. Diplo-
matists had been defined to be men hired to lie for their
country, but the correspondence of Mr. Webster went hon-
orably to show that, in our own case atleast, a diplomatist was
a man not unwilling and not afraid either to tell the truth or
to acknowledge the truth for his country. Instead of preva-
ricating and quibbling, he admitted at once what he believed
to be true; and if a position taken by the adverse party were
a true and sound position, the sooner we acknowledge it the
better. The straightforward course was not only that most
worthy of the morals of the country, but was on principles
of policy the very highest wisdom. Most of our difficulties
and dangers had come upon us for want of the adoption of
such a course in times past.
Mr. P. adverted with great severity to the contrast between
the perfect supineness with which the course of England had
been borne for more than three years, with the sudden fit of
indignation assumed by the late Administratien as soon as
they had become aware of the result of the election which
deprived them of power. The outrage in the case of the Car-
oline now thrilled every fibre of their souls. How much more
might it have been expected to affect them, when the blood of
our slaughtered fellow-citizens was yet smoking from the
ground, and blazing fragments of our vessel were not yet
quenched in the waters of that tremendous fall over which
she had been precipitated. The matter had now grown com-
paratively cold; and with what face could they now charge
their successors with being laggards in a matter over which
they themselves had slept profoundly for three years?1 If
they were in power, they would soon dispose of this case of
McLeod. Oh, yes. But this tumultoftheir blood had never
been roused till the issue of the election had become known.
When they were just going out of power, a report was made
in the other House, such as he should not stop to notice. It
seemed as if they were anxious to show that they had the
power to create a panic, when power to do any thing else in
the case had departed from their hands. They could sink
the price of stocks, tlhey could bring home our fleet, when it
was too late for them to take any measures to relieve the real
difficulties of the country.
Mr. P. vindicated, in/a manner equally decided, despatch-
ing Mr. Crittenden into the State of New York. If the point
of national law were as Mr. Fox contended, and as Mr.
Webster admitted it to be, then both justice and policy required
that every suitable measure should be taken, and taken
promptly, to prevent the shedding of innocent blood. Ougkt
the Secretary to have stood on nice points of etiquette, when
the trial of McLeod was just at hand, and there was danger
of a judicial murder ? As to the alleged sacrifice of dignity,
from th, im,dohl.-re rf too much haste in this movement, in a
case of huimsriy i,' haste could be too great. On such a
mission the most dignified individual might be sent, and, in-
stead of being degraded, would be honored by the mission.
Mr. P. here referred to the interruption of the laws which
had taken place once already, when McLeod was discharged
on bail, and insisted that this rendered it still more proper
that every suitable step should be taken to establish the su-
premacy of the law. These are broad, wise, true-hearted
principles of policy. The plea of MoLeod to the indictment
against him was the plea of the United States. The United
States were a party in the trial; its business was to guard


McLeod, and obtain possession of his body, that it might be
taken from the municipal and delivered up to the treaty-
making power. Various pleas might be entered : resort might
be had to habeas corpus, to a plea in bar, or to a plea to the
jurisdiction. A question of jurisdiction was a question for the
court; and the case of McLeod never could be a jury case,
but was a case for the judge. A demurrer always assumed
the facts, and superseded the resort to a jury.
Mr. P. in the next place proceeded to discuss the question
of national law. He quoted the position assumed by Mr.
Fox in his letter-a position which every dictate of his judg-
ment, as well as every emotion of his heart, went to confirm.
So obvious did he consider its rectitude, that if any nation
deviated from the principle, that nation, ipso facto, ceased to
be civilized. He was not aware that such a nation did exist;
but if it did, he stigmatized it as uncivilized. He noticed it
as a curious circumstance, that the language of Lord Pal-
merston was almost identical with that of Vattel, while the
acknowledgment on the part of Mr. Webster was in the very
words of Rutherforth. If they were both mistaken, they had
at least the comfort of erring in company with two -of the
most enlightened publicists which the world had seen. After
some general remarks upon national law as a science, and the
distinguishingcharacteristics ofthe chiefwriters upon it, parti-
cularly that of Grotius, Mr. P.came down to the casein hand,
and contended that the mistake of Mr. BOCHANAN and Mr.
CALHouN arose from not noticing the distinction which ought
to be made between acts ordered by a Government, and those
which a Government only permitted to be done; in o(her
words, between command and connivance.








In reply tethe position that, in a case of outiags like that
of the Caroline, our Government had accumulated remedy,
first against the prlpt.trsttrs, and then against their Go'vern-
meaunt, Mr. P. siid that ihiat might be true, if the object
wete mere 'ric ance aud retibati.,in; but vengeance was
not a p'1i-ciple r' c',gnmeJ Iy ris,,iaonl law or by the crimi-
nal law of particular nat-ins, Ifar less by the genius and spirit
of Chriiinni'y. Ni sauch ptincple had been recognized since
the dtys ofl Beccani. The true m ,live in all penal law was
the prevention of future crime, or the obtaining of redress for
that which was past. Now if the object were to prevent a
repetition of such acts as the invasion of our territory and the
burning of our vessels by order of a British colonial autho-
rity, our course was to proceed against Great Britain, and not
against a miseral la individual-to proceed against him would
neither prevent crime hereafter nor obtain redress for that
which had been committed. It would be equally cruel and
futile to place the people of Canada in such a position that
if they obeyed an order from their own Government they must
be hanged on our side of the line; and if they refused, must be
hanged on their side of it. Mr. P. had some reason to feel
on this subject, for he had once been in a position himself
which required him very seriously to lack into his liabilities.
He had been placed between the orders of his own State and
those of the General Government, and had matters come to
the arbitrament of force, take which course he would, he
might have been exposed to a felon's death. The Senator
from Pennsylvania admitted that, flagrant bell, the indivi-
duals committing violence by order of their superiors were
n t amenable to municipal authority. But then he had drawn
a distinction between such a case as the Caroline and open
war. In this the publicists were against him.
In support of this posi ion, Mr. P. quoted Grotius, and re-
ferred to Rutherforth. If the doctrine of the Senator were
true, then the Courts of Russia might have tried and hanged
the whole army of Bonaparte for a most wanton and unjusti-
fiable invasion of their territory. And so might the Sultan or
the Pacha of Egypt have disposed in like manner of the
French army in Egypt. The only question to be asked in
such a case was this: Does there exist a state of war IIf
there does, then the p-trties commi tiog violence, if taken,
were to be tried by the laws of war; they were subject to a
military, not a civil jurisdiction. The capture of the Caro-
line was an act of law, and so acknowledged by Great Bri-
tain. The war which then endured for a moment might be-
come a war of years. Mr. P. earnestly deprecated such a
result, but thought the two nations stood in a very awkward
position towards each other.
The doctrine he had assumed appliedonly to cases where
an actof violence was perpetrated by command of the Gov-
ernment; it had no application where the act was only per-
mitted orconnived at; in such a case the individuals must suf-
fer for their individual act; and then ihe would not deny that
the remedy might he cumulative. The Government in-
jured might first lay hold on the trespassers, and then, if their
act were afterward acknowledged, i' might look to their Gov
ernment too. In confirmation of this he quoted Grotius,492
He denied that this case coul I fairly be likened to that of
spies or emissaries-there was no common principle between
them. A spy was not acknowledged by the laws of war, or,
if recognized, it was provided that if captured the spy might
be shot-. But was he to be shot by sentence of a civil tribu-
nal I Was he brought up before a judge and jury No.
He was tried and sentenced by a drum-head court martial.
Nor was the case of an emissary any more in point. Who
ever heard of trying prisoners of war by a court and jury f
They might, indeed, among barbarous nations have been
considered as liable to death or slavery, but even this was
not according to civil, but to military law. The rules of na-
tional law in reference to a state of war were one thing;:
those relating to a state of peace, another. If an emissary
was sent from one nation into another in time of peace and
was detected and seized, he might be tried for treason in a
municipal court. But if in a state of war, the laws of war
applied to his case. An emissary acting without force,
which, according to Grotius, constitutes "the essence of
war," was amenable to the civil tribunals; but if he came
into the country and there acted in a forcible manner, he was
subject to the laws of war. Mr. P. alluded to the embar-
rassment of our position as having arisen in a great measure
from the long delay of the last Administration, from the in-
flammatory report, and from the assumption by them of false
grounds. New ground had now been taken. To this true
ground we must adhere, and, in so doing, must take whatev-
er God should send. He trusted we should get into no fur-
ther difficulty, but if we should, in consequence of pursuing
a course of open justice and rectitude, why then, in God's
name, let the difficulty come. With truth and justice on our
side, he trusted the Government would go straightforward,
leaving consequences with the Almighty. He was sorry
that Great Britain should ever have avowed such an outrage-
ous act as the capture and destruction of this vessel in Ame-
rican waters. Her avowal had taken the case out of the
municipal tribunals, and transferred the responsibility to the
Government, but he trusted she would yet reflect and recon-
sider her course, and take the ground that the perpetrators of
that outrage had exceeded their authority. This would be
a proceeding marked with that magnanimity which became
that great and powerful nation. But whatever she might
think it right to do on her part, we had done every thing
that could he requited on ours.
Mr. BENTON then went into a speech of great earnest-
ness and animation, in which he reprobated the course of the
Administration with much severity.
On motion of Mr. BUCHANAN, the Senate adjourned.

HOUSE OF REPRESENTATIVES.
The Journal of Saturday was read and-approved.
Mr. LEWIS WILLIAMS asked leave to offer a resolu-
tion which, he said, related to the hour of meeting.
Mr. WISE objected to any thiing which would interfere
with the regular business before the House.
Mr. FORNANCE rose, he said, to a privileged question.
He desired -to move to reconsider the vote on the motion to
reconsider the vote to adopt the rule reported, on Saturday
last, from the Select Committee on the Rules.
The SPEAKER said that such a motion was not in order.
Mr. FORNANCE said his object in making the motion
was that the rule might be more maturely considered, and
that the House might see the disadvantage under which it
would labor. He had, however, no desire to disturb its pro-
ceedangs.
Mr. WISE then said that, if the question on the resolution
of the gentleman from North Carolina (Mr. LEwis WItL-
LIAMS) could be taken without debate, he (Mr. W.) was will-
ing to yield the floor.
Mr. WILLIAMS said he would move the previous ques-
tion upon the resolution.
Mr. MALLORY. Lot us hear it read before you move
the previous question.
Mr. WILLIAMS. I move the previous question.
Mr. MALLORY. Then I object to the reception of the
resolution. We do not even know what it is.
Mr. BRIGGS hoped the resolution would be read for in-
formation.
Mr. WISE said he thought the House had better proceed
to the regular business before it. He thought that greater
despatch would he attained in that way.
RULES OF THE HOUSE-ABOLITION PETITIONS.
The House resumed the consideration of the motion here-
tofore submitted by Mr. FORNANCE, to reconsider the vote by
which the House had adopted the resolution appointing a
committee to report rules for the government of this House,
and adopting, until such report be made, the rules and orders
of the last House (except the 21st) for the government, tem-
porarily, of this House.
Mr. WISE (who was entitled to the floor) spoke at great
length in continuation of his remarks commenced on Friday
last. He entered into a minute history of abolition petitions
in this House, and of the action of the House, from time to
time, upon them; in which connexion he reviewed very fully
the course of Mr. ADAMS.
Mr. W. concluded at six o'clock.
A great struggle took place for the floor, not less than a
dozen members rising and addressing the SPEAKER.
The SPEAKER gave the floor to
Mr. BOTTS, who said that he could assure the House
that he had no idea of discussing this question. He had too
much regard for the duty wlsich he owed to his constituents
and to the country to enter into debate at this time; and as
the question had been discussed at full length, to say the least
of it, on the part of those who were opposed to him in rea-
tion to it, he thought he could not be thought hard of by any
of his friends if he moved the previous question.
And he moved the previous question accordingly.
Mr. RAYNER made a strong appeal to the courtesy of
Mr. BoTTS to withdraw the motion, to enable him (Mr. R.)
to make a very few remarks.
Mr. BOTTS. I am not insensible to what is due to the
courtesies, the civilities, and the friendships of life; nor am
I regardless of the duty I owe to my constituents and the coun-
try. I cannot oblige the gentleman from North Carolina
(Mr. RAYNER) by withdrawing the motion; and I cannot,
to oblige any member or members of this House, withdraw it.
And the question being on seconding the demand for the
previous question,
Mr. STANLY moved a call of the House.


Mr. LEWIS WILLIAMS asked the yeas and nays on
that motion; which were ordered, and being taken, were:
Yeas 101, nays 93.
So a call of the House was ordered.
And the roll having been called, 202 members answered
to their names.
And the names of the absentees having been called, 204
members appeared to be present.
When, on motion of Mr. STANLY, all farther proceed.
ings on the call were suspended.
And the question then recurring on the demand for the
previous question, it was decided in the affirmative, (by tellers,
essrs. RERNCHER and CAVE JOHNSON acting in thatcapacity,)
Ayes 100, noes 95.
So there was a second.
And the question being, "Shall the main question be now
ordered V'
Mr. WELLER demanded the yeas and nays, which were
ordered, and being taken, were: Yeas 114, nays 93.
So the main question was ordered to be now taken.
Mr. WELLER asked the yeas and nays on the main
question; which were ordered.
And the main question being, Shall the vote be recon-
sidered V was then taken, and decided in the affirmative,
as follows:
YEAS-Messrs. Alford, Arrington, Atherton, Banks, Barton,
Beeson, Bidlack, Bowne, Boyd, Brewster, Aaron V. Brown, Mil-
ton Brown, Charles Brown, Burke, Sampson H. Butler, Win.
Butler, Win, 0. Butler, Green W, Caldwell, Patrick C. Cald-


well, Phnpimane. ClInrd, Clinton, Coles, Daniel, R;chard D. Pa-L
vis, Win. _". I',s,. .n, John B. Dawson, Dean, tI,m.rk. i.'i,
E.asiitin. J C.E.iward Egicit,PFerris,J.G.Floyd. F..rnurnc-,Tho-
,' P I-'.-.i r. Gi.t,.:. ,.. rr,. Gilmer, Goggin,Wn. O. Goode,
G...rl..n. Jraln-m, u .;;iinp, H .rersham, Harris, John, Hastings,
Hays, Holmes, H4I.1Tir.,H u k, H.Al,,r], H,',.r,It..'.ll,Jack,
Win. Cost Johu-..., C.. J.it.r,sr., J. hn W'. J. re-, i.-aac D
Jones, Keim, Andrew Kepnedy, King, Littlefield,.Lowell, A.
McClellan, R. McClellan, McKay, McKeon, Mallory, Marchand,
A. Marshall, Mathews, Medill, Meriwether, Miller, Newhard,
Nisbet, Oliver, P.tridge, Payne, Pliuner, Pope, Rayner, Red-
ing, R..4'', tI .gers, Roosevelt, Sanford, Saunders, Shaw, Shep-
perd, '..>.l-r, Steenrod, Sumrter, Turney, Van Buren, Ward,
V,, ,,,W ,, Wa I;r,.,n.W-,',. rson, Weller, Westbrook, James W.
%% ,I 1 ,1, r.,4, 11\1 ,; %% ....I- tr.
NAYS-Messrs. Adams, Allen, L.W. Andrews, S. J. Andrews,
Arnold, Aycrigg, Babcock, Baker, Barnard, Birdseye, Blair,
Boardman, Borden, Botts, Briggs, Brockway, Bronson, J. Brown,
Burnell, Calhoun, Win. B. Campbell, T. J. Campbell, Caruthers,
Childs, Chittenden, J. C. Clark, S. N. Clarke, Cooper, Cowen,
Cranston, Cravens, ICushing, G. Davis, Deberry, John Edwards,
Everett, Fessenden, Fillmore, A. L. Foster, Gates, Gentry, Gid-
dings, P. G. Goode, Greig, Hall, Win. S. Hastings, Henry, Hew-
ard, Hudson, Hunt, J. Irvin, Wm. W. Irwin, Jamev, J. P. Ken-
nedy, Line, Lawrence,T.F.Marshall, S.Mason, MathiotMattoeks,
Maxwell, Maynard, Moore, Morgan, Morris, Morrow, Osborne,
Owsley, Parmnenter, Pendleton, Powell, Ramsey, B. Randall,
Randolph, Ridgway, Rodney, Russell, Saltonstall, Simonton,
Slade, Smith, Stanly, Stokeley, Stratton, Stuart, Summers, J. B.
Thompson, R. W. Thompson, Tillinghast, Toland, Tomlinson,
Triplctt, Trumbull, Underwood, Van Rensselaer, Wallace, E. D.
White, Thomas W. Williams, L. Williams, C. H. Williams,
Winthrop, Yorke, A. Young, J. Young-104.
So the vote was reconsidered.
And the question recurring on the adoption of the resolu-
tion, providing that the rules of the last House be adopted as
the rules of this House temporarily, and that a committee be
appointed thereon-
Mr. RAYNER offered the following as a substitute for
the said resolution:
Resolved, That the standing rules and orders of the last House
of Representatives be adopted as the rules and orders of this
House for the 27th Congress: Provided, That this House will
not consider any it i ',.- the present session exceptsuch as are
embraced in the Pr. ..1.:r.'- Message; and that all petitions and
memorials on all other subjects, receivable under the rules and
orders above mentioned, shall be laid on the table, without refer-
ence or consideration.
Mr. ADAMS submitted an inquiry to the SPEAtKER, the
purport of which the Reporter could not hear.
A motion was then made that the House do now adjourn.
Mr. RAYNER insisted that he was entitled to the floor;i
and, expressing his intention to address the House to-morrow
morning, moved that the House do now adjourn.
Mr. BRIGGS inquired of the Chair if there was now any
hour to which the House should adjourn.
The SPEAKER replied that there was not.
Mr. BOTTS rose for information. He had been sum-
moned to attend a meeting of the Committee of Ways and
Means to-morrow morning. He wished to inquire whether
(under the vole just taken) that committee was now in ex-
istence 7
Mr. WISE called Mr. BOTTS to order.
Mr. STANLY called Mr. WIsE to order.
The SPEAKER (now replying to Mr. BOTTS) said that
was not the question before the House. The question was
on adjourning.
Mr. RAYNER to the SPEAKER. Shall I be entitled to the
floor to-morrow 1
The SPEAKER. The gentleman will be entitled to the
floor whenever the proposition comes up.
Mr. UNDERWOOD proposed to amend the motion for
adjourning by adding thereto" until to-morrow at 12 o'clock."
The SPEAKER said that there had been a separate reso-
lution adopted by the House, distinct from the rules, fixing
12 o'clock as the daily hour of meeting until further order.
Mr. W. C. JOHNSON insisted on the question being
taken on the adjournment.
Messrs. WISE, J. C. CLARK, and MALLORY, seve-
rally rose to order.
The yeas and nays were asked on the motion to adjourn,
which were ordered, and, being taken, were yeas 176, nays 62
So the House, having undone all, or nearly all, that in the
last fifteen days it had accomplished towards organization, at
a late hour adjourned.

The following petitions, presented in the House of Repre-
sentatives on Saturday last, have been specially brought to
the notice of the Reporter, in addition to those published yes-
terday:
By Mr. MORGAN: The petition of two or three thou-
sand citizens of St. Louis, in favor of a general bankrupt law.
By Mr. SIMONTON: The petition of Jonah Oglesby,
a practical farmer of Dauphin county, Pennsylvania, alleg-
ing that he has discovered an effectual remedy against the
ravages of.tJ1 Hessian fly, and praying Congress to test the
efficacy of said remedy. Referred to the Committee on Agri-
culture.
VOTES IN THE HOUSE OP REPRESENTATIVES,
SATURDAY, JUNE 12, 1841.

On the motion of Mr. BRIG s to instruct the Com-
mittee on the judiciary to inquire into the expediency of
reporting a General Bankrupt Law at this session of
Congress.
YEAS-Messrs. Adams, Alien, Arnold, Aycrigg, Baker, Bar-
nard, Birdseye, Blair, Boardman, Borden, Briggs, Bronson, Jere-
miah Brown, Burnell, Childs, OhiLtenden, John C. Clark, Staley
N. Clarke, Clifford, Cowen, Cranston, Cushing, R. D. Davis, W.
C. Dawson, Dean, Dinock, Doig, J. Edwards, Egbert, Everett,
ett, FPerris,Fessendero, Fillmore, A. L.FPoster,Giddings,P.G.Goode,
lHaborsham, Hall, Halsted,W. S. Hastings, Henry, Hopkins, How-
ard, Hnt, J. Irvin, W. W. Irwin, James, Win. C. Johnson
Isaase D. Jones, J. P. Kennedy, Andrew Kennedy, King, Low-
ell, A. Marshall, San, son Mason, Mathiot, Maynard, Meriwether,
Moore, M %r,.r., M .r,. w, Osborne, Pearce, Pendleton, Benjamin
Rinl II.l- . i..t.t. Randolph, Ridgway, Rodney, Roosevelt.
Saltonstall, Sergeant, Simonton, Smith, Stanly, Stokeley, Sum-
mers, Sumter, John B. Thompson, I it,,,. h.:i, r land, Trum-
bull, Underwood, Van Buren, Warre,. u ...,..,.. ,, Edward D.
While, Thomas W. Williams, Win-1,..r, '..., Yorke, Au-
.. Young, John YV.'i,.-- -..
N \% --Messrs. Atherton, Banks, Barton, Beeson, Bidlack,
Botts, Bowne, Boyd, Brewster, Aaron Y. Brown, Milton Brown,
Charles Brown, Burke, S. B. Butler, W. Butler, W. 0. Butler, G.
W. Caldwell, P. C. Caldwell, J. Canpbell, W. B. Campbell, T.
J. Campbell, Caruthers, Cary, Clinton, Coles, Cravens, Daniel,
Garrelt Davis, Eastman, John G. Ployd, Charles A. Floyd, Fol-
nance, Gamble, Gentry, Gerry, Gilmer, Goggin, Gordon, Gra-
ham, Gustine, Hays, Holnes, Houck, Hubard, Hudson, Hun-
ter, Ingersoll, Jack, John W. Jones, Keim, Lane, Lawrence,
Littlefield, A. McClellan, Robert McClellan, McKay, Mallory,
Marchand, T. F. Marshall, Mathews, Mattocks, Newhard, Nisbet,
Owsley, Patridgo, Pickens, Plumer, Pope, Ramnsey, Reding,
Rencher, Rihett, Riggs, Rogers, Sanford, Shaw, Shepperd,
Snyder, Sprigg, Steenrod, Sweney, Triplett, Wallace, Watterson,
Weller, Westbrook, Lewis Williams, Christopher H. Williams,
Joseph L. Williams-90.

On the motion to lay on the table the question of the
reception of an abolition petition presented by Mr. MAT-
TOCKS, of Vermont.
YEAS.-Messrs. Allen, Arnold, Arrington, Atherton, Aycrigg,
Babcock, Baker, Banks, Barnard, Barton, Beeson, Bidlack, Birds-
eye, Blair, Boardman, Bowne, Bronson, A. V. Brown, M. Brown,
C. Brown, J. Brown, Burke, S H. Butler, W. Batter, W. 0. But-
ler, Green W. Caldwell, Patrick C. Caldwell, ',W. B Campbell,
T. J. Campbell, Caruthers, Cary, Chapman, Childs, Chittenden,
J. C. Clark, S. N. Clarke, Clifford, Clioton, Celes, Cowen, Cran-
ston, Daniel, Garrett Davis, Richard D Davis, Wm. C. Dawson,
Dean, Dimock, Eastman, J. Edwards, Egbert, Everett, Fillmore,
C. A. Floyd, .g. Lawrence Foster, T. F. Foster, Gentry, Goggin,
W. 0. Gooce, Gordeo, Graham, Gustine, Habersham, Hall, Hal-
sted, Harris, Hays, Houek, Hubard, Hunter, Hunt,oIngersoll,
James Irvin, Win. W. Irwin, Jack, W. C. Johnson, J. W. Jones,
I. D. Jones, J. P. Keonedy, A. Kennedy, King, Lane, A. McClel-
lan, R. McClellaa, McKay, McKeon, Mallory, A. Marshall, S.
Mason, Mathiot, Mathews, Maxwell, Meriwether, Miller, Moore,
Morrow, Newhard, Niebet, Ooborne, Par,,enter, Patridge. Payne,
Pearce, Pendleton, Pickens, Pope, Powell, B. Randall, A. Randall,
Randolph, Rayner, Rencher, Rhett, Ridgway, Riggs, Rodney,
Russell, Saunders, Sergeant, Shaw, Shepperd, Simonton, Slade,
Smith, Sprigg, Stanly, Steenrod, Stokeley, Stratton, Stuart, Sum-
mers, Sumter, J. B. Thompson, R. WV. Thompson, Tillinghast, To-
land, Tomtinson, Triplett, Trumnbull, Underwood, Van Buren, Wal-
lace, Ward, Warren, Washington, Weller, Westbrook, T. W.
Williams, J. WV. Willians, Lewis Williams, C. H. Williams,
Wise, Wooi, Yorke, Augustus Young, John Young-155.
NAYS.-Messrs. Adas,n Landaff W. Andrews, Botts, Brie;:.,
Brockway, Burnell, Calhoun, Cravens, Fessenden, J. G. Fi .l.
Gates, William S. H ', ,-. Hopkins, Howard, Hudson, James,
Lawrence, T. F. Marshall, Mattocks, Maynard, Owsley, Salton-
stall, Sanford, Van Rensselaer, J. L. White, Joseph L. Williams,
Winthrop-28.





TRAVEL TO THE VIRGINIA SPRINGS AND
TO THE SOUTH AND SOUTHWEST.
Travellers to the South and Southwest are respectfully inform-
ed that there is a continuous line of Railroad from the Northern


cities to Winchester, in the Valley of Virginia; and thence to
Parkershurg, on the Ohio river, over an excellent road, through
a romantic and picturesque country, stages proceed in forty-eight
hours-Parkersburg being one hundred miles below Wheeling,
on the Ohio, where boats can arrive frequently when they cannot
at Wheeling. Daily lines (Sundlays excepted) of stages also pro-
ceed from Winchester up the Valley, over a superior turnpike,
leaving Danner's Hotel (formerly Taylo's) at 5 o'clock A. M.
and reaching Harrisonburg the same evening. On the nextmorn-
ing leaves Harrisonburg and arrives at the Virginia Warm Springs.
On the third day it arrives at the White Sulphur Springs in time
to dine, going through from, Winchester to White SulphurSprings
in about two days and a half.
This line is alsocontinued from Harrisonburg to Staunton, where
it connects with other lines proceeding to Guvandotte, on the
Ohio, and to different sections of the Southern country.
Thie drivers employed on this route are sober, attentive, and
accommodating; the teams are all excellent, and in good condi-
tion ; the coaches first-rate, (of the Troy manufacture,) and the
accommodations not surpassed by any in the Union.
Extra coaches furnished at any time to the Springs.
J. G. HEIhT, Railroad Agent.
KUYKINDALL, REESIDE, & CO. Parkersb'g,
DANNER, & CO. & HARMAN, Vs. Springs,
june 15-oolmep Proprietors.
B FOS6ATE'S ANODYNE CORDIAL, long and
justly celebrated as a remedy for Summer Complaints,
such as Diarrhow, Chelera Morbus, flatulent and spasmodic Co-
lics, &c.; for sale, wholesale and retail, by
T. WATKINS, Agent,
June 14-d3twtf Corner of4j at. and Peen. av.


WASHINGTON.
"Liberty and Union, now and forever, one and
Inseparable." a

TUESDAY, JUNE 15, 1841.

REMARKS ON THE FISCAL BANK.

Before offering a few remarks more at large on
the plan of the Secretary of the Treasury, for a
Bank of the United States, it may be proper to i
recur to the general history of the country, for
some time past, in regard to the currency, and to
state its present condition.
In 1832, President JACKSON negatived the bill I
for continuing the charter of the Bank of the
United States; and in September, 1833, now
nearly nine years ago, President JACKSON, through
the instrumentality of the Secretary of the Trea-
sury, removed the public moneys from their then
existing lawful deposit. From that moment to
this, the currency of the country has been
thoroughly deranged. This none can deny. Even
if the cause may be disputed, the fact cannot.
Those who so please may ascribe the deplorable
state of things which has been brought upon us,
and which still continues, to the multiplication of
State banks between 1832 and 18.36, to a spirit of
speculation which seized upon the Public, to the
mal-administration of the late Bank of the United
States, after it had ceased to be a national institu-
tion, or to other causes ; thus opening the inqui-
ry, whether, supposing that these causes, or any of
them, ought now to be regarded as the immediate
productive agents of this mass of public evil, they
are not themselves derivative and secondary, all
owing their existence and their power of mischief
to the original acts of the Executive Government.
Without discussing any of these questions, it is
enough to say, that, since 1833, the currency, the
exchanges, and the general moneyed affairs of the
country have been such as greatly to impair the
public prosperity. This notorious and lamentable
truth is the first element to be regarded in the
consideration of the subject.
In the next place, it is true and notorious that
the successive plans for relief and remedy, which
the Government has prepared and adopted since
1833, have all signally failed, and have only led
great and important public interests, day by day,
from a bad condition to a worse condition ; till,
at this moment, the local banks over three-quar-
ters of the country are in a state of suspension,
all the circulating paper over the same space great-
ly depreciated, and much of it worth hardly more
than fifty cents in the dollar.
The next great and notorious fact is, that the
policy of the Government, in relation to the cur-
rency, has been the main topic of dispute between
political parties, and that, on this point, chiefly,
the contest of 1840 turned; and the result of that
contest has fully shown that a vast majority of the
People rejects and repudiates all the doctrines,
all the schemes, and all the experiments, of the
last two Administrations.
A new Administration has now come into pow-
er, and a new Congress is assembled, for the great
purpose of reforming this state of things, and en-
deavoring to restore the public prosperity by place.
ing the revenue, the currency, and the finances of
the country on a proper footing.
As might have been reasonably expected, those
who compose the Administration, and the majori-
ties of the two Houses, while all agreeing in the
necessity of adopting immediately some efficient
measures, are not, perhaps, entirely of the same
opinion as to any particular measure, or modifi-
cation of measure. On the subject of a Bank,
especially, it is well known there has existed much
difference of opinion among those who have act-
ed together most cordially in opposing and over-
throwing the policy of the preceding Administra-
tions. The sentiments of the PRESIDENT, for in-
stance, as they have been well known, and con-
stantly maintained, for the last fifteen years, are
not, in all respects, such as the Secretary of the
Treasury and other members of the Cabinet are
equally well known to have entertained and ex-
pressed. These differences chiefly respect the
extent of the constitutional authority of Congress
in the creation of a Bank, and clothing it with
powers.
What, then, is the line of duty naturally recom-
mending itself to those who, with these differences
of opinion, find themselves called on to discharge
high obligations to the country? Is it their duty
to beat the field of constitutional argument all
over again, in the vain hope of coming to a perfect
unity of opinion on all particulars in the end ? Is
it not rather to consider how far they differ, and
how far they agree, and to inquire, with candor
and honesty, whether that on which they do agree
may not be made efficient for relieving the country?
It is in the spirit of this last proposition that
the Administration appears to have acted. The
particular plan before Congress, on the call of the
Senate, and which is now submitted to the wisdom
of the two Houses, is the plan of the Secretary
of the Treasury; but it is reasonable to suppose
that it has been considered, and its general out-
line approved, by others.
It may be presumed, then, that it is the opinion
of those connected with the Executive Admin-
istration, that such a bank as is proposed will be
useful and efficient as a fiscal agent of Govern-
ment, and beneficial also to the exchange and
currency of the country. That it does not con-
tain all the provisions which some would have
wished, is very probable; but the objections to it,
whatever they may be, are of this negative kind.
It may be taken for granted that there is nothing


in it which those who have concurred in it re-
gard as positively hurtful. And while some
might be of opinion that, with other provisions,
it would be more efficient, yet the "question na-
turally presenting itself was, is it not best for the
country that we go on, in this measure, just so
far as we can go cordially together, and stop
there? Is it not best to have a measure before
us, which all, without the violation of any princi-
ple, or any consistency, may unite in supporting?
Shall we propose something in which friends can
agree, or shall we propose that which some of
these friends cannot support, and thus by division
throw ourselves at once into the power of the
common adversary ?
Poorly, poorly indeed would the party now in
Power fulfil the high expectations entertained by
the country, if they should not, with a seriousness
becoming the solemn crisis of the country, lay
aside the pride of private opinion, give up per-


sonal predilections, and with singleness of heart, E
and under a full sense of the responsibility which E
rests upon themselves, UNITE their counsels fairly F
and cordially, and make a vigorous elTurt to re- I
ieve the country.
That this has been the governing motive in
preparing the plan now laid before congress,
there is no doubt. That it will be the governing (
motive with the Whigs in both Houses, there is (
no doubt; because they must know that they act (
in the presence of disappointed and eager adver-
saries, whose eyes are keen to discern party ad-
vantages, and who will be ready, at the show of(
disorder or division in the ranks of the Whigs, to4
break in upon them, as squadrons of well-trained
cavalry break in upon and overthrow the column,
however great, which exhibits a broken line, oro
an opening for attack. The only security for the
Whigs is coolness in action, and the compactness
of the HOLLOW SQUARE.

The reader will perceive, by an article in to
day's paper, that the committee from Ohio to re-
ceive the remains of the late President HARRISON
are on the way to this city for the purpose. J. S.
HARRISON, son of the late President, and Dr. J.
THORNTON, also a relative, both residing at North
Bend, have already reached this city, as also have
some members of the committee.

Brig. Gen. ARMISTEAD, U. S. A., has arrived in
this city from service in Florida.
We regret tolearn from him that sickness pre-
vails to a great extent among the troops now in
Florida.
MARYLAND.
The Convention of the opponents of the pre-
sent Administration which assembled in Balti-
more on Thursday last to nominate a candidate
for Governor of the State on behalf of that party,
effected the object of their meeting by selecting
for that purpose FRANCIS THOMAS, lately a Re-
presentative in Congress from the Frederick Dis-
trict. No offence to Mr. THOMAS ; but we trust
and believe that WILLIAM COST JOHNSON, the
Whig candidate for the office, will beat him by
many thousand votes.

Ms. WEBSTiR'S LETTER TO MR. Fox.-The
reply of Mr.WEBSTER to Mr. Fox, the British Min-
ister, on presenting the demand of his Govern-
ment for the liberation of McLeod, merits and has
received the commendations of the journals gen-
erally. It is a model of diplomatic composition,
dignified and independent, yet calm and courteous,
felicitous in style, and satisfactory in its exposi-
tion of public law.-Southern Patriot.

MARYLAND IRON.-The authorities of Harris-
burg, Pennsylvania, in constructing the works
necessary for supplying that city with water, have
procured their pipes from the iron works of the
Messrs. ELLICOTT, of Baltimore. These pipes
are pronounced to be "the best manufactured in
this or any other country."
A New York paper, speaking of the extensive
water works going on near that city, alludes to
the excellence of the pipes manufactured by the
Messrs. ELLICOTT, and says :
The Common Council of this city have contracted with
these gentlemen for a large supply. We lately saw a cargo
oftheir pipes, of various sizes, landing on the wharf, and, being
somewhat of a judge of the article, do not hesitate to pro-
nounce them beautiful castings. The iron, made from the
Maryland ore, is celebrated for its strength, and acknowledg-
ed by mechanics to be as well, if not better, calculated for the
purpose than any other manufactured in the country."
FROM FLORIDA.

SAVANNAH,JUNE 8.
The United States steamer Newbern arrived from Pilatka
yesterday. By this arrival we are in possession of the fol-
lowing intelligence from the seat of war.
Wild Cat and IIospitaka were in at Fort Pierce waiting
for Sam Jones to come in. Orders have been issued by the
commanding General to have them seized and detained.
Haleck Tustenuggee says that a Creek chief, whose name
we have forgotten, is encamped near Fort King. He has
about sixty warriors with him, and says he will be governed
by Haleck, and go to Tampa if he does.
Col. WORTH has assumed the command, and appointed
Capt. WRIOHT, of the 8th infantry, Assistant Adjutant Gen-
eral. His headquarters are at Tampa Bay. Gen. ARMIS-
TEAD has left Florida for the North, by the way of Talla-
hassee.
There is more sickness among the troops in Florida this
season than there has been before for three years. The 1st
regiment of infantry which was stationed at Sarasota, not
being able to do duty, has been ordered to Cedar Keys. Fort
Pleasant, which has hitherto been a healthy post, is now quite
sickly. At Fort King, where are stationed four companies
of 2d infantry, there are over one hundred on the sick list.
At Micanopy, out of five companies, one hundred and six
are reported sick. Forts Macomb and Fanning are also re-
ported as being very sickly.-Repub.
TALLAHASSEE, JUNE 2.
PROSPECTS OF PEACE.-The last accounts from the seat of
war in the East, though not of the most flattering description,
contain no intelligence of hostilities sufftlicient to cause us to
alter our opinion heretofore expressed, viz. tkat a majority of
the Indians are in favor of peace and willing to emigrate.
The accounts of every transaction, however, are differently
related by the several papers and correspondents there, and,
aa it appears to be considered a question for political division,
it is hard to form a correct opinion of the real state of affairs.
One party affects to believe the war is at an end, while the
other asserts that the Indians are at their old trick to gain
time, and will not agree to emigrate. Whatever grounds
they may have for the latter opinion by the former acts of the
Indians, we certainly do not consider them warranted by the
state of affairs which, in our opinion, exists at this time. We
have heard as yet of no case among the Indians who have
come in, where they have acted different to their professions,
but, on the contrary, many have used their influence to bring
others to terms. In the present state of things, it requires
time to complete the arrangement of a peace, and although
much delay has taken place, we are still in hopes the war
will be brought to a close without the resort again to arms.-
S[Star.
About 12 o'clock on the night of the 3d instant, in the
county of Franklin, North Carolina, a fire broke out in Mr.
Archibald Turner's house, which destroyed every thing,
both furniture and clothing, except one bed ; and awful to
relate, his eldest son, a promising boy about 10 or 11 years
old, was consumed in the flames, and his mother, an old la-
dy, was so badly injured from fire that she expired the en-
suing day.


LIST OF LE rTERS.

List of Letterjremaining in the Post Office, Wash-
ington, June 15, 1841.
I'- Persons inquiring for Letters in the following List will
please say they are advertised.
A.
Allen, Beverly 3 Adams, Richard 4
Allen, Mrs. Penelope 2 Alexandria, Mrs. Jane
Anderson, Charles A. Ashton, L.
Ames, N. T. Ayrault, Alhn
Archer, Edward E. 2 Archer, Thomas B.
Avon, Miss Mary Jane 2 Alexander, Rev. J. A.
Anderson, J. R. 7 Austin, Arthur W.


Brook, E.
Brown, William
Browne, jr. Thomas
Beck, Miss Elizabeth
Barnes, Lester
Buck, Charles D.
Basg, Janey
Bache, Scipio
Brooks, Isaac
Beall, Mrs. Eliza
Beall, Miss Susan G.
Brooks, John 2
Brown, T. W.
Burr, J. J.
Brooke, Mrs. Ellen
Bell, William H.
Burk, Alfred
Boggs, J. Lawrence
Brown, Miss Jane
Burch, Mrs. Ellen S.
Blake, Joseph M,
Bates, B.


Bickam, Mrs.
Bannon, John 0.
Boudinot, T.
Bryan, J. L.
Barker, Lemuel
Bradley, Win. G. 2
Baylor, John
Berret, James
Butler, William
Bowling, Miss Mary
Brown, Charles B.
Bentlton, Miss Mary Ann
Braiden, Miss Elizabeth
Bullock, James M.
Baker, Captain Benj.
Badger, William
Burbank, Abner
Battell, Hon. Ch. J. 2
Bergner, George
Brannon, Joseph
lernhard, Mr.
Bothelo Pon Pedro L,


loyd, Thomas S. W.
laevans, Mrs. J.
lennett, William H.
Burrows, L. A. 2
Bradrfrd. C.
l,,tt(r, Dr. W illiam
B,,. 1d, Hon. Richdrd H.
Bjrdly, Mss Suei' H.
Baker, Miss Elizabeth
Bartley, Hon. Mordecai
3ole, A. H.
Clarke, William T.
Cash, Leonard
3ox, James
Clark, Thomas
Coe, Miss Frances A.
Combs, Miss Sarah A.
Scales, Seth L.
Clerk, Thomas W.
Cole, William B.
Chooteau, jr. Pierre 5
Colwell, Rev. D.
Cochran, James
Curtis, Mrs. Eliza
Colenheimer, Mrs. J. M.
Conduct, Hon. Lewis
Clements, Aloysius
Carter, Gen. William B. 2
Drew, Edward M. 24
Dean, jr. F. B.
Dunn, James R.
Dove, Mrs. Lucinda
Daley, S. W. T.
Davidson, Henry
Doty, James M.
Doty, Mary A.
Donaldson, Thomas
Dunacombe, D. E.
Elliot, Jonathan 4
Ewing, George W.
Eustace, Rev. Thomas
Edwards, Hon. Ogden

Fitz, Albert
Field, Major E. 2
Fitch, Timothy B.
French, Thomas
Fobes, Alpheus
Fillebrown, Thomas 2
Frazier, Major Donald
Forrest, Edward D.
Fellows, Hart
Finley, Mrs.
Gray, John
Graves, George E.
Grimes, Craven F.
Grant, Griffith
Green, Col. Charles P. 3
Groves, Mrs. Mary A.
Goins, Pa'rick
Garland, J.
Gassaway, Madison
Grimsley, Miss Ellen
Gallant, William
Garland, Hugh A.
Hines, Miss Sarah 2
Harvey, James E. 4
Harrison, Benjamin 2
Hastings, John 2
Harris, Benj. G. 2
Hallam, James R.
Hallam, Mrs. C. M.
Hooper, Samuel
Henry, Mrs. R. J.
Hennon, Duncan N.
Hamilton, Gen. James
Huntington, E. M.
Hanson, Miss Ann H.
Horner, Robert E.
Jackson, Miss Mary Ann
James, Win. T.
Jones, H. C.
Jamar, James H.
Johnson, Vance
Jewett, Otis P.
Johnson, Miss Mary
Kirk, Mahlon
Kent, Dewitt
Kuhn, Joseph
Ker, Dr. Robert E.
Kirby, John D.
Kohaus, Anthony
Kellog, Abner 0.
Kennedy, Andrew
Lane, John
Long, Edward
Latimer, Miss Ann E. 2
Lorentz, Charles 2
Lemon, Maj. H. E. 2
Luokett, F. W.
Latimer, Capt. W. R.
Longacre, J. B.
Lyon, Hon. Francis S. 2
Leech, Robert 3
Leavitt, Rev. Joshua 2
Loyd, William L.
Langley, Mrs. Elizabeth
Mann, Lieut. Samuel E.
Marx, Henry 0.
Marsh, Ephraim
Mills, T. Edward
Metre, Mr.
Moore, A. C.
Moore, Alexander
Miles, Andrew
Menzer, Moses B.
Molleson, George P.
Mullekin, Francis
Mason, S. J.
Myer, Mrs. F.
Murphy, Jessee
Matthews, James 2
Mitchell, 0. M.
McKelden, Mrs. Win. P.
McConnell, Rev. Win. P.
McAbee, John
Norris, Win. E.
Newton, John
Orme, Rezsin
Otis, James F.
O'Dannark, Florence
Orchard, John
Oliver, Win. M.
Perry, Thomas
Peircy, Mrs. Jane
Power, Isaac Newton
Payne, Dr. Thomas 2
Pitts, Hiram A.
Parker, Mr.


Ruhe, Augustus L.
Rose, jr. John N.
Roy, Mrs. Elizabeth
Rico, Mr.
Rupp, George W.
Reed, Davil
Rives, John
Roche, 3. D;
Reading, David
Rawling, Win. H.
Shaw, Caleb D.
Sims, Ju'ia A.
Sweet, Halstead 2
Smith, Win. P.
Smith, Wm.B.
Scott, Win. A.
Swan, Wm. D. 7
Smith, Mr. James
Stork, Winm. J.
Sprigg, James
Sprigg, M. C.
Sommers, Susannah
Smith, John
Smoot, Jas. H.
Stark, Wm. T.
Shields, Hon. B. G.
Schaub, Emmanuel
Seaton, Win. H.
Stegagnini, L.
Spurrier, Graton D.
Shupler, Martin
Shubort, John Y.
Tamenson, Jean Elizabeth
Thompson, Samuel T.
Thomas, George R.
Turley, Dr. Charles A.
Tripolelte, Thomas J.
Ten-Brook, Richard
Wood, Mrs. A. C.
Webb, Jno. W.
White, Thomas D.
Ward, Thonmaa


Barclay. Dr. JSames '.
Baily, Orrin 2
Barker, Cornelius
Breckenridge, James W.
Barret, Judge J. F.
Basat. Miss Virginia
Hires, Otho
Bestor, C, H.
Bryant, Mrs. Sophia T.

C.
Conway, William
Ceostman, Charles
Coffee, Gen. Thomas J.
Connell, John
Colbert, Miss Matilda
Cassell & Davis
Cohen, M. M.
Corbin, S. S.
Cromwell, Nimrod
Catron, James M.
Carrington, George
Churchill, Samuel
Culverwell, Richard
Chatman, Mrs.
Caruthers, General R. L.
Caress, Miss Mary
Chretien, Hypolite
D.
Drummond, Miss Tabitha J
Darling, Timothy
Dawson, Mrs. Margaret
Duvall, Gov. W. P.
Dorney, William W.
Dyer, Henry
4Donovan, James
Downing, Charles
Dawson, George 3

E.
Ellyson, jr. Onan
Edwards, W.
Emmons, Mrs. H.
F.
Flanagan, John
Flenner, William
Fryer, Mrs. Viletta
Formtner, Charles W.
Fortune, James
Fisher, Lewis E.
Forster, Joshua B.
Fessenden, Hon. Samuel 2
Forster, Lewis
Fairbairn, John H.
G.
Gillespy, J. F. 2
Gillis, Lt. 3. P.
Graham, David 2
Gable, Dr. J. Y.
Gates, Beman
Grimes, Sterling F.
Grinnell, Hoen. Moses S
Garner, G. A.
Greenard, Mr.
Goddard, Thomas
Goodhue, Robert C.

H.
Hutton, Mrs. Rebecca
Hamilton, Edward L.
Hardy, Mr.
Harrison, Henry
Hoffman, Hon. Ogden
Holley, Anderson
Holliday, D. L.
Hawkins, Mrs. Matilda
House, Charles J.
Hord, Robert
Hill, F. C.
Hart, Miss Mary Matilda
Holmes, William M.
Hall, Thomas D.
J.
Johnson, George
Johnston, Miss Susan
Johnson, Miss Catharine W.
Jeffers, Mathias
Joachimser, Henry
Jcavuna, J.
K.
Kelley, Miss Mary
Kedglie, Miss Ann
Keitzendine, H.
Kimber, Samuel 2
Kinne, Henry H.
Kennedy, Hon. E. P.
Kervey, John B.
Kitchen, William 5
L.
Lemon, Mrs. Charity
Lowering, Hen. Warren
Lyons, Henry A.
Lewis, Edward W.
Leland, David W.
Lauxman, A.
Lowry, Charles
Lieber, Dr.
Lathrop, Rev. John P.
Lowry, George
Langoif, Monsieur
Lockert, Lt. James M.
M.
Murphy, B. B.
Marsolletti, Joseph
Martin, Miss Marie
Morgan, Com. C. W.
Miller, Henry
Machenard, Francis
Macom, Samuel
Meatland, Miss Ann
Martin, Martin Luther 2
Monroe, Hon. James
Morsell, Benj. H.
Montgomery, Henry 4
Magruder, Mrs. Elizabeth B.
Marstiller, Dr. Richard H.
Mason, John T.
Minor, William W.
Me.
McPherson, Henry H. 2
McAllister, John
N.
Norris, Mrs. Ann Louisa
0.
O'Bryan, Michael
Otringer, Col. Joseph
Ogden, Maj. C. A. 2
Osgood, Maj. L. H.
Oxnard, Henry
P.
Parker, Miss Am anda 2
Plume, John V.
Porter, Hon. A.
Penny, James
Putnam, A. W.


Reding, Hon. John R.
Robertson, Ann Sophia
Ruggles, Win.
Randolph, Passed Mid. John
Rustin, Thomas
Riley, A. W. 2
Rinalte, Major
Ravul, Mrs. Frederick
Roberts, John 0. 2
Randolph, Mis. E. S.
S.
Saltmarsh D. A.
Spooner, Gee. Washington
Stockton, Capt. R. F. 2
Skinner, Rev. J. L.
Smallwood, Caroline
Sangster, Capt. Thomas F.
Stacey, Davis B.
Stevens, Isaac A.
Spellman, Benjamin
Sargent, Epes
Selden, James
Semple, Dr. John T.
Slaughter, Capt. Philip
Stambaugh, Col. Sam'l C.
Saunders, Beverly C.
Shockles, John
Schever, Philip
Sargent, John 0. 2
Staples, Win. J.
Staples, Joshua
Sweeny, Joel W.
T.
Turner, Jesse
Townsend, George
Truett, Miss Sarah A.
Thampson, James
Tillottson, R.
W.
Whitney, Daniel
Whitney, W.
Whitheny, William
Whittier. John G.


EDITORS' CORRESPONDENCE.

New YORK, J[U 13.
The Legislature of NEW HAMPSHIRE have adopt-
ed sweeping resolutions against a National Bank,
the revision of the tariff, funding the national
debt, and the distribution of the proceeds of the
public lands. Funding the liabilities of the Gov-
vernment is denounced as a fraud upon the People. Should a
National Bank be created, the resolutions declare that it will
be incumbent on New Hampshire to adopt such measures as
may be necessary to protect her citizens from the encroach-
ments of the Federal Government.
The Locofoco Stale Convention of NEW HAMPSHIRE have
nominated the Hon. HENRYV HUBBIRD, late Senator in Con-
gress, as their candidate for Governor al the nexil election,
which takes place tin March next.
There were rumors at Buffalo on Friday of popular vio-
lence and destruction of property at Detroit, growing out otf
certain transactions of the State Bank of Michigan. Our
report is, that the banking-house was torn down, the officers
beaten, &c. There are no papers from Detroit to day, so I
have no means of ascertaining how far the rumors may be
well-founded,
The custom-house commissioners, it is said, have finished
their examination of witnesses in relation to alleged frauds
and abuses, and are now engaged in examining the accounts
of the late collector. They will probably close the investi-
gation early next week.
The Weather has become suddenly cool, and since yester-
day a great deal of rain, that was much needed in the coun-
try, has fallen.

A HORRIBLE MYSTERY.

PRIVATE CORRESPONDENCE.

NEW ORLEANS, JUtNE 6, 1841.
A dreadful act of either mutiny or piracy has
been committed off the Balize, which ought to be
known forthwith to the Department, and I there-
fore hasten to address you the present, though I have but a,
few minutes for the mail.
The ship Charles cleared a few days since for Havre, and
on Friday, the 4th instant, was fallen in with by one of our
tow-boats, about forty miles from the Balize, without any
body on board, apd fresh traces of blood on her deck and
cabin. She had twenty-three cabin passengers, (some of them
ladies,) principally our French shopkeepers, going to make
their annual purchases in France, and all of them, as usual,
no doubt, with considerable sums of specie, and I presume
not less, together, than $100,000, probably much more. The
long-boat was missing, but the jolly-boat was alongside, with
a dcg in it, and a box of sardines. These circumstances, and
the fact that all the sailors' clothes were missing, lead some to
think it was mutiny and piracy by the crew.
There is, as you may suppose, great excitement in the city;
The ship has just come to the levee, and I have not time to
ascertain further particulars. She is not injured, and was
left even with her sails set. The revenue cutter at the Ba-
lize I presume has started in pursuit. And it is suggested
here to arm two or three steam-boats and obtain volunteers
to proceed out and sweep the Gulf round the neighborhood.
I write-in haste. Very truly,
WM. L. HODGE.

REMAINS OF PRESIDENT HARRISON.
CINCINNATI, JUNE 10.
The joint committee appointed by the people of this cily,
the City Council, and soldiers of the late war, to superin-
tend the removal of the remains of the late President to
North Bend, left here yesterday morning, by steamboat,
for Washington. It will probably be absent, in the per-
formance of its interesting but melancholy duty, about a
month. It is composed of the following gentlemen-most
of them old, intimate, and long cherished friends of the de-
ceased President:
By the citizens.-Jacob Burnet, John C. Wright, John
Reeves, Charles S. Clarkson, Lewis Whiteman, Andrew
M'Alpin, and John C. Vaughan.
By the soldiers.-T. D. Carneal and Ambrose Dudley.
By the City Council.-Rufus Hodges, Edward Woodruff,
and D. E. Powell.
On the arrival of the remains here, it is the intention of
our citizens to pay their last respects to their departed friend
previous to his interment, by a funeral procession and other
appropriate ceremonies. After these, the body will be con-
veyed to North Bend, where it is to be buried on a beautiful
elevation, which is distinguishable from the river for some dis-
tance above and below. And here beneath the sod that his
own hand had cultivated, and which will hereafter be wa-
tered by the tears of his pilgrim countrymen, will repose all
that is earthly of him who in war was the People's unshrink-
ing defender, and in peace their unfailing friend.-Gazette.

MARRIAGE.
On the 13th inst., at Summerfield, Prince William county,
Virginia, by the Rev. J. E. WEMS, Mr. FRANCIS C.
ARR1NGTON to Miss SOPHIA A. PETTET, of said
county.
DEATHS.
At Philadelphia, on the night of Saturday, the 12th inst.,
WILLIS GAYLORD CLARK, Esq., Editor of the Phil-
adelphia Gazette. His death is lamented, as a public loss, by
his editorial brethren. He fell a victim to pulmonary con-
sumption, at the early age of 32.
At his residence, in Georgetown, on Saturday evening,
the 5th instant, Mr. CHARLES BOTELER, Sr., in the
73d year of his age, after a severe illness of fifteen days.

f- Fair lor St. Matthew's Free School continues
open at the corner of Pennsylvania avenue and 4j street, from
10 A. M. to 10 P. M. The splendid Piano Cover, Ottomans,
Steels, Table Covers, &c. &c. ,ichly wrought in tapestry will be
disposed of by raffle this evening. A few chances remain un-
sold. Many useful and handsome articles yet remain upon the
tables, and Refreshments and Confectionary are constantly being
served up. The Public are respectfully invited to patronize this
charity, jane 15-3t
SULKY AT PRIVATE SALE.-We have Ieftf,r pri-
vate sale a handsome Philadelphia built Sulky. It can be
hada bargain, on application to DYER & WRIGHT,
june 15-3t Auetioneers.
FOR SALE--S500 Franklin Insurance stock
Wanted-8-6000 Corpora tion 6 per cent. stock
$5000 do C do do
Inquire of JOHN F. WEBB,
june 15-3t Broker.
B UNDLE HAY.-Twenty bundles timothy hay, for sale
atLenox's wharf, on board ofschr. Victory. Inquire of Capt.
CHARLES PENEELD. Ljune 1--3t
W ANTED IMMEDIATELY-A man of good ad-
dress, to dispose of a very popular work in this city. The
terms will be extremely liberal, and unquestionable recommen-
dations required.
Apply at the Periodical Agency on Pennsylvania avenue, near
the American Hotel, from 9 to It o'clock this day and to-mor-
row. June 15-2t .
IIVE T[1OUSAND POUNDS BACON HAMS AT
AUCTION.-On Tuesday morning, the lth inst. ut
half past t0 o'clock, we shall sell in front of the store 5,000 lbs.
bacon bans of this year's curing, in lots to suit purchasers.
Terms liberal, and at sale. DYER & WRIGHT,
june 13-2t Auctioneers.
^- The above sale is postponed till Wednesday
afternoon, at 4 o'clock. DYER & WRIGHT,
june 15 Auctioneers.
HISKEY AT AUCTION.-Will be added to the sale
of Groceries on Wednesday afternoon-
15 barrels Monongahela Whiskey.
DYER & WRIGHT,
june 15 Auctioneers.


A VALUABLE IMPROVEMENT.-Mr. Hemeon
Smith, of Delaware county, Ohio, has obtained a patent for
a Rotary Lever Engine, composed of six pieces only, that is said
not to cost one fourth part the money or to require one fourth part
of the steam of the common engine, to do the same business.
june 16-3t


Wade, Miss Olivia Wilcox, Major D. r~ ENTEEL FURNITURE AT AUCTION.-On
White, Samuel 2 Wigley, Mrs. A. W Friday next, the 18th instant, at 10 o'clock, we shall sell by
White, Mrs. Wilkerson, Mrs. Mary orderof the executors of S.J. Todd, at his late residence on Penn-
Wash, Robert 4 Wilkinson, Dr. William sylvania avenue, between 6th and 7th streets, the entire stock of
White, Mrs. Mary Williams, Jno. Hampden household and kitchen furniture, consisting of
Waker, Midshipman William' Williams, Mrs. Mary A. Mahogany dining, breakfast, and card tables
Waker, Miss Frances Caroline Williams, Francis 2 Cane-seat and common chairs,, hair sofa
Walker, Win. S. Williams, Col. C. F. Rush seat settees, a very splendid parlor organ
Wallace, Mrs. D. Willmore, William Astral, mantel, and hall lamps, ivory knives and forks
Wallace, Miss Frances Winder, Charles H. Dinner and tea seta, cut-glass tumblers, wines
Washington, Mrs. A. M. Wingfield, Fred. A. Decanters, celeries, pitchers, dishes, &e.
Waters, Miss Melvina A. Worrell, Richard A. Plated castors, britannia tea set, andirons and fire irons
Weaver, John Worsley, Miss Frances 2 Window curtains and ornaments, flowers and stands
Whelan, Patrick Worthington, R. Birds and cages, parlor, step, and chamber carpets
Whiteside, Gen. Jno. D. Williamson, Lewis P. Mahogany bureaus, washstands
Y. First quality feather beds and hair mattresses, bedsteads
Young, William W. Young, Jno. Bedding, looking glasses, toilet sets
Young, W. With a general assortment of kitchen furniture, coal and wood
stoves, an excellent milch cow.
rThe inland postage on all letters intended to goby A vary handsome new family Carriage for ens horse, with har.
ship must be paid, otherwise they remain in this office. ness complete.
June 15, 1841. J. S. GUNNELL, P. M. Terms : All sums of and under $20, cash; over $20, and not
-exceeding $50, a credit of sixty days; over $50, a credit of six
S1 EORGETOWN HEIGHTS.-Desirable property on months, for notes with approved endorsers, bearing interest.
S Georgetown Heights at private sale. Apply to Mrs. Johns, 1r The organ and carriage will be sold at 12 o'clock precisely.
Congress street, Georgetown, juna 15-0eo2w juane 1 DYER & WRIGHT, Auwts.










TWENTY-SEVENTH CONGRESS.
'FST SESSION.

SATURDAY, JULNL 12, 1641.
SIN SENATE.
The followingi'memorials and petitions were presented and
appropriately referred ;
By Mr. CLAY, of Kentucky. Two memorials from the
city 1f New York, numerously signed, praying the enactmelntl
ol' a urilorm bankrupt law.
Also, t'rom'ciLizens of Washington, in the District of Co-
lumbia, seating that the city I was wooded with small notes
from abroad, not worth what they bore on their face, and
asking that the banks of said District may be allowed to is-
sut, small noLtes payable in Specie.
By Mr. SMITH, of Indiana: A memorial, numerously
signed by the citizens of the Lown of Wayne, in that State,
preying Congre-ids to paids a general bauikiupt law.
By Mr. PRENTISS. Frim a number u'ritzensaof'Ver.
nioni, praying for the establilshment ot* a mail route' from
Derby, through the towns of Holland. Morgan, East Charles-
ion, Brunswick, a,,id Msi'lstone, to Guildhall, in said State.
By Mr. HENDERSON: Front citizen of Jefferson
county, I-iostretppi, lor the enactment of a bankrupt law.
By Mr. WRILIHT. Mimoriala from cttilina ol New
York, and from citizens of Clinton, in Clinton county, ir,
that State,for a bankrupt law.
Mr. MERRICK, from the Committee for the District of
Columbia, reported a bill to re-'.ive oand continue in, force, un-
til the 4thday of July, 1843, the rharters of the banks f the
District ofr Columbia.
The bill appropriating for a limited timethe proceeds ef the
public lands to the several States, and for granting l.nds to
certain States, was read a second time, and referred to the
Committee on the Public Lands.
The resolution subnmittel by Mr. SMITH, of Indiana, and
published ot a prior dly,ccalling on the Secretary of the Trea-
,iry I'r Irformation in relation to the public lands, was
adopted.
The resolutions submitted by Mr. BSNTON, and published
in this paper soine days since, calling on the President for
certain inrorninaion, were severally considered and adopted.
Mr. SEVIER, expressing the intention to move a resolu-
tion tirst called for the reading of a clause in the report of
the Secretary of War which alludes to certain frauds per-
petraiedi in the Southwest in the execution of Indian treea-
'ie,. The clause having been read, he then sent to the
Chair a letter from J. R. Stevenson, disbursing agent, inquir-
ing whether he was to consider himself as included in th"
clause referred to.
Mr. S. then offered the following resolution:
Resolved, That the Secretary of War be directed to furnish
the Senate with the names of all the contractors in the South-
west who have received enormous profits under Indian annuities,
involving the disbursements of large sums of money for the emi-
gration and subsiatencea of Indians, as referred to by him in his
c.:nmjrruii.:i,iorn to ihe President on the 31st May, 1841, and which
Cr..ias warn 'ic1 .L.l by bribing some of the subordinate instru-
mentsia the public 'employment, furnishing the names of those
i,-ir'rJnir,t.i,'-,r through the niaLaon' lJni,, ,t'jlihoji t r publ, ab eril.e .,
,.viD LI. : i 1Ani j li h ,.,'agernis I ci, n ,eln i -' 1,, il 1ciliel, r-
from suspicion of c..o ,,vrm.L ii the frauds by submitting to the
imputstion of gross negligence or ignorance or incapacity in the
performance of their duty ; and that he furnish to the Senate the
names of all the parties referred to, whether agents of high or
,tiVidJriaid grad.,. bribed instruments or contractors, and the
tlevinoor,' up.m wli.-i:, his communication is predicated.
After some conversation, the-resolution was laid on the ta-
ble, and ordered to be printed.
RETURN OF THE MEDITERRANEAN FLEET.
Mr. PRESTON'S resolution of inity corncertring the
return of a portion of our fleet in ihtie AMLdiierrunean having
been taken up-
Mr. PRESTON modified it so as to make it a call for the
correspondence of our Minister in England with the officers
of the Mediterranean squadron and the despatches addressed
by Captain Bolton to the Secretary of the Navy. Mr. P.
observed that it was not to be disguised that the return of
these vessels had produced a strong sensation throughout the
United States, and tnot by any means an agreeable one. The
first idea which presented itself on hearing of the return was,
that, if there was no foundation for the rumors which had
produced it, the truth of these rumors ought to have been
mote rigidly examined, but that, if they were just, the pro-
priety of leaving the Mediterranean was so obvious, that it
must have occurred at once to the most ordinary capa-
city. But when it was further known that a part of these
vessels had come with all celerity across the Atlantic until
they were within the guns of our own forts, then the ques-
tion aroed whether such a course was consistent with their
duty, or whether they should not have remained to main-
tain the honor of the country and protect the commerce
of its citizens by meeting danger where it presented it-
self. Mr. P. felt mortified at what had taken place. He
had supposed that a full exposition of the case would have
been submitted to a court of inquiry, but as this had not been
d.ine, he thought it due to the occasion, due to our gallant
Navy and to the People ofthe United States, that the Public
should be informed of all the circumstances. He had there-
fore called for the correspondence, with a desire that justice
should be done to all parties..
After some conversation between the mover and Mr. SF-
viRa as to the distinction between this call and that relating
to the transfer of Gen. Arbuckle, the resolution, having been
slightly modified, was agreed to.
Tne following resolution, moved some days ago by Mr.
CLAY,, of Kentucky, having been taken up for considera-
tion-
Resolved, That when the Senate adjourn during the present*
session leaving a subject under discussion and undecided, the con-
sideration of the subject shall be resumed at the next m.ieting of
the Senate, 'immediately after the journal is read, and petitions
and reports are received, without waitingfor the usual hour of one
o'clock.
On this resolution a iibaie arose, in which MNesear. CLAY
nr Kv.BENTON.YOUNG,BAYARD, BUC-HANAN.
KING, CALHOUN, and ALLEN participated, anIl %hch
resulted in a modificaliun ,.f the resoluLi,,, by Mr. CLaL to
read as follows, in which shape it was adopted, viz.
Rc.lihd. Tlist during ihe present session, at the expiration of
on, hour alier the trE, tnr, .:.t ithe Senate each day, the Senate
will proceed l.- the cnis.leratll..n of ih. sot.j'e.:I leflt unfinished the
pre.:-edng isa, unlit5 utterwise lr.j,.rd by ihes Senate.
Mr. WALKER moved.the fc-1ll.wving resanlutions:
Resolced. That tihe ',uoIrl Comimiie 1.3 wh'r.m wa_ referred
the question of reporting to the Senate on the subject of a fiscal
agent for the Government cf ih- Unit,.- t.toi, be directed to in-
quire inf') 'he expediency ct' vessirr ihe c..nir..l of said agency
in a board of .i direciTors, In.-a.I at tile ciy (-f Washington, to
be chosen by a joint vote of both Houses of Congress, two of said
directors to be elected at each successive vote, each member be-
ing permitted to vote only on tact, ..:.:aion fr i. n- director, so as
to prevent said beard being pltcd ,,,.i.r ti. ,.untrot of the Ex-
ecntive or of any party.
Resolved, That said committee he also instructed to inquire
Into the expedienvcy of tendering to the States branches of said
fiscal agency, en the condition precedent, that said States have
first entered into an agreement with each other for the gradual
and proaptetive limitation or abandonment of the banking power
of ihie States.
Rtaoh' d. That ie.i-l committee be also instructed to inquire
nto ihe eal.edmarii rf confining said agency to the use of eold
and silver, and of t.ilt. roceivabletof the Government of tIny L.,,.
,ad Smte? lt" lara denominations, excluding all the paper of the
ilaie basnk,, and :o as to retain an adequate supply and circulation
ef gold as well as silver at all times in the United States.
ReollT..d, That ,.sil committee be also instructed toinquire in-
to the eati,6.i.-nrs of aprlyingprospectively the bankrupt power
of rhis G,vernminsr,t to tie State banks.
The resofuuions were then laid upon the table apd ordered
to be printed.
FISCAL BANK OF THE UNITED STATES.
A report was received and read from the Secretary of the
Treasury, containing the heads of his proposed plan for a
FPrcal Bank of the United States, accompanied by a bill in
correspondence with it.
The bill and report were referred to the Select Committee
on the Currency, and 1,600 extra copies of b'oth wera order-
ed to be printed. [Tne plan of the Sneretary tdill be found
in another part of dhis paper ]
Thie Senate then went ml,) the sleciien of a Chaplain.
When the Rev. Mr. TusraN, hainrg received 29 votes, was
declared duly cIrcled
And the Senate adjourned.

HOUSE OF REPRESENTATIVES.
Mr. ChAPMAN, of Al.,bama, introduced Hon. WM.
W. PaVNE. Repreaeintatrve elect from the State of Alabama,
who was qualied aind lok his seat. i
Some explanations io.nk place betwicn Mr. McKEON and
the SPEAKER, in relaiu,,n to the LtCinsttiee on the Espen-
ditures nr'f he Treasury Daprliunrt.
Mr. GOGGIN moved that the further consideration of the


motion to reconsider the vote by which the House had adopted
the resuloLion appointiig a comineies to report rules for the
government ut thio lHouse, and adoptrgr., until such report
b,' made, the rules anril orders of the lia House (except the
21st) for the givernmert, tlemporarily, ofthis House, be post-
poned until Monday neat.
Mr. G assigned, as his reason for this motion, the contin-
ued indisposition of :tlMr. VIs, who, however, was rin hii
seat, and who wads willing to proceed now rather than nut
have an opportunity of cl.o-ing is remarks.
The mutIon for potporineaent was, wnhout a word, adopted.
[NOTE B TUrat RE'oaTE&.-In ithe report of Friday's proceed-
ings on this subject, the blank left 1v ihe Raporter for the iraser-
tion of the question was filled, ,n.drdvenrilyv, by the nin)oa .)f
Mr. C. J. lsuvasoL. (which had been rev.ujaly disfposed of)
" to reconsider the vote on the 21st rule, 'nasteaJ of the in. i-;.,in
of Mr. FomaANcx, as above stated, and which comprehends the
whole subject-matter of the rules. The mistake, of course, could
not mislead thoae members who were in their seate.]
In pursuance of notice heretofore given,
Mr. GRAHAM, of North Carolina, asked leave to intro.
duce a bill to repeal the act commonly called the sub-Trea-
sury hill.
Mr. A T H E R T 0 N objected.
Mr. PICKENS suggested to the gentleman from North
Carolina ( Mr. GRaHAM) that a bill had been sent from the
Senate ,I' p-eci-ely the same title, and directed precisely to
the same object; and he could see no neaessidy, therefore, in
bringing this motion forw ird at this time.
Mr. ARNOLD said lhat no good could result from the
motion, it could avail nothing on the face of the earth, and
he hoped it would qgt bW persisted in,


Mr. GRAHAM did persist, and asked Ibhe yeas aand nays on thIbe table, if it prevailed, would be to suspend the reception
on his noliurn to suspend the rules; which were ordered,and, ofthe peuiiun, and of course the petition, as well as theques-
l'iing taken,, were; 'eas 56, nays 132. lion of reception, would remain suspended until again called
So the rul-es were not suspended, up by the House.
Mr. SERGEANT rose and moved that the House now Mr. GILMER moved that the House do now adjourn.
proceed to the consideration of the following resolution pre- The yeas and nays were asked and ordered, and, being ta-
sented by himt yesterday ken, were: Yeas 94, nays 117.
Resired, rh'li. ii h., acit.m iof the eevral sitand,ng ....r, e. So the l House refused to adjourn.
of this H 'iae, es,-Lp th.- C..,nmeioies,'aol Eler',.mns, ot Mnlag,-, and And the question again recurring on the motion to lay the
Accounts, and of Wavs and Means, on all matters not embraced by question ef reception on the table-
i.e M.osage i ft.he Pr-.,dest .f iLe United Sates to the two Mr. ANDREWS, of Kentucky, inquired of the Chair
Hloust,, : .:.f Cgr.s, otr,. cornii.iron d or, the second dayofthe pre- whether it was now in order to call for the reading of the
i ,. sst..-bn., bte upended n.Il ihe .-ommencement of the annual petition '1
session in December next, except it be to consider the subject of The SPEAKER replied that it was not.
an uniform bankrupt law as far as may be thought fit; and thatlthe Mr. ANDREWS. Have I not a right to know upon what
consideration of all petitions relating to other matters than those I am voting 1
embraced in the Messnage, except as before excepted, be also post- Mr. COLES rose to a question of order. He contended
poned to the perioAd above specified. that there was no question of reception before the House.
Mr. FORN ANCE said that the reception of the resolu- According to the Manual, it was necessary that a motion
tion was objected ,oAcodngt the Manual, it was necessary that a motion
lionwa mIl) 'in ?1.should be made for receiving a petition, unless that motion
Mr. SERGEANT thereupon moved that the rules of the was dispensed with by the general cry that the petition is re-
House be suspended, and, on that motion, asked the yeas ceived, or by a general silence. Here there had been neither
r Uand bnas ; atlt were ordWrMd. i one nor the other. On the contrary, an objection had been
Mr. HUNT and Mr. WM. C. JO NSON said a few made to the reception of the petition. Now, before this pe-
words, of which nothing ,a audible to the Reporter. tuition could come into possession of the House, emotion must
The SPEA K.ER sad t.e question was not debatable, be made by the gentleman presenting it that it be received.
And the question on the motion to suspend the rules was The SPEAKER said that the question of reception was
h.-n taken at.] decided in the negative: Yeas 122, nays 89. embraced in the motion of the gentleman from Vermont, (Mr.
Soo(I uo-It irds not voting in the affilmative)the rules were MATTUCKs)-clearly so
not suspended. Mr. WINTHROP desired to know what the petition
Mr. CLIFFORD inquired of the Speaker if petitions was
were now in order. Mr. MATTOCKS said he would state its contents.
The*SPEAKER replied that they were. [A Voice. You have stated them once.]
And the SPEAKER coeoniMnced the call for petitions and Mr. BRIGGS submitted to the Chair that it was in order
memorials in the order oftle States and Territories, corn- for a member to call for the reading of a paper on which he
mencing with the State of Maine had to vote.
Mr. CLIFFORD, of .MIa.-m,5resrnie,l a petition from Mr HUNTER objected.
citizens of Maine, praying the passage of a general bank- Mr. BRIGGS said that if gentlemen would refer to the
rupt law ; and moved its reference to the Committee on the Parliamentary law, they would find that a member had a
Judiciary. right to have a paper read on which he was about to vote.
Mr. CALHOUN, of Massachusetts, moved that it be laid Mr. MATTOCKS demanded the reading of the paper as
on the table. a constitutional right. If it was not done, he said he would
Mr. L. WILLIAMS asked the yeas and nays on that himself read it over.
motion, and was understood to say that he did so because he The SPEAKER read the 55th rale which is as follows:
regarded this as testing the question whether a bankrupt law 'Petitions, memorials, another papers, addressedto the House,
should be acted on t the present sesision or not. "Petitions, memorials, aud other papers, addressed to the House,
should be acteed on at the present session or not. shall be presented by the Speaker, or by a member in his place ;
Mr. C A LH-IU N remarked that if this was to be consi- a brief statement of the contents thereof shall be made verbally
dered a te-r question, he would withdraw his motion. He by the introducer; they shall not be debated on the day of their
was himsell ,n ilaor of the passage of such a law. being presented, nor on any day assigned by the House for the
So the motion to lay on the table was withdrawn, receipt of petitions after the first thirty days of the session, unless
And the petition was then referred to the Committee on where the House shall direct otherwise, but shall lie on the table,
the Judiciary, to he taken tip in the order in which they were presented."
Petitions were further presented by Messrs. FESSEN- By this rule, the SPEAKER said it seemed very clear
DEN, LOWELL, and B. RANDALL, of Maine. that an individual presenting a petition could not himself read
By Messrs. BURKE and EASTMAN, of New Hamp- it; he could state its contents.
shire. In reference to the suggestion of the gentleman from Mas-
By Mr. BRIGGS, of Massachusetts. sachusetts, (Mr. BRtoGs,) the Speaker remarked that the
GENERAL BANKRUPT LAW. House was not now acting under the Parliamentary law.
Mr. BRIGGS presented a petition from citizens of Mas- There was a specific rule of this House (which had just been
sachusetts, praying for the passage of a general bankrupt read) as to the mode and manner of presenting petitions.
law,, the reference of which he moved to the Committee on Mr. BRIGGS suggested to the Speaker that there was a
the Judiciary, with instructions to inquire into the expedien- rule in that book (i. e. Book of Rules) which adopted the
cy of reporting a general bankrupt law at this session of Parliamentary law as the rule of this House.
Confesa. The SPEAKER. Yes, except when it conflicts with ex-
Mr. B. proceeded to say that, if in order, he would further isting rules.
move that the committee report on Monday next the resolu- And the question, Shall the question of the reception of
tion offered by the gentleman from Pennsylvania, which re- the petition be laid on the table|1' was decided in the affirm-
lated to other petitions, &c. ative as follows: Yeas 155, nays 28. [The list will be pub-
After a moment's reflection, Mr. B, said he would waive wished to-morrow.]
this latter portion of the instructions, as he understood that So the question of reception was laid on the table.
the Committee on Rules were prepared to report on the sub- [Petitions of a similar character were presented in the
ject. course of the day, and met with a similar disposition.]
Mr. BARNARD hoped the gentleman from Massachu- Petitions and memorials were further presented by Messrs.
setts (Mr. Batios) would consent to leave out the instruc- BARNARD FILLMORE, FOSTER, MORGAN,
lions. CHILDS, FLOYD, ROOSEVELT, WOOD, McKEON,
The SPEAKER said the question was not debatable. GATES, CHITTENDEN, and MAYNARD, of New
Mr. BOTTS called for the reading of the instructions; York.
which having been read- By Messrs. INGERSOLL, HENRY, SERGEANT,
Mr. ANDREWS, of Ky., moved to lay the petition and W. W. IRWIN. BIDLACK, FORNANCE, BROWN,
instructions on the table; and asked the yeas and nays. TOLAND, and SIMONTON, of Pennsylvania.
But Mr. S. subsequently withdrew both motions. Mr. SERGEANT presented certain joint resolutions of
The motion to lay the petition and instructions on the table the Legislature of Pennsylvania, instructing their Senators
was renewed. And the question being taken, the motion was and requesting their Representatives lCongress to vote for
rejected. a repeal of the sub-Treasury law. Laid on the table and
So the petition and instructions were net laid on the table, ordered to be printed.
And the question recurring on the reference with instruc- Mr. FORNANCE presented a petition from citizens of
tions- Pennsylvania on the subject of the tariff, setting forth a
Mr. ATHERTON called for a division of the question, complaint of the inequality of its operations, &c.
first on the reference, and then on the instructions; which Mr. F. moved the reference of the petition to the Corn-
was ordered, mitten on Manufactures, with instructions to report a bill in-
And the question being taken on the first branch, to wit, creasing the duties on imports.
on the reference of the petition, it was agreed to. Mr. HOLMES moved its reference to the Committee on
And the question recurring on the instructions- Commerce.
Mr. WOOD asked the yeas and nays; which were order- Mr. MORGAN moved to lay the whole subject on the
ed, and, being taken, were: Yeas 93, nays 89. [The list will table.
be published to-morrow.] Mr. FORNANCE asked the 3was and nays; which were
So the petition and instructions were referred to the Corn- ordered.
mittee on the Judiciary. Mr. MORGAN rather, he said, than consume the time
ABOLITION OF SLAVERY. of the House, would withdraw his motion to lay on the
Mr. MATTOCKS, of Vermont, presented the petition of talls.
Jonathan P. Miller and 168 others, citizens and freemen of So the motion was withdrawn.
the 5th Congressional district in Vermont, praying for the And the question recurring on the reference with instroc-
ab lition of slavery and the slave trade in the District of Co- tions-
lumbia and in the Territory of Florida. Mr. WISE asked a division of the question, first on the
Mr. M. said he was not about to present the petition for reference, then on the instructions.
the idle purpose of voting himself against it, but he should Mr. HOLMES signified his desire tomake some remarks,
present it because he believed in his soul that the prayer there- but afterwards said he would forego that desire.
of ought to be granted, so as to relieve this land of liberty Mr. ANDREWS, of Kentucky, said he wished to debate
from the national and damning sin of slavery in this our own the petition.
bailiwick, the Diatt,ct of Columbia. He presented the Mr. CLIFFORD asked the yeas and nays on the instruc-
petition, and moved that it be referred to a select committee, tions.
consisting oh one member from each State in the Union; and Mr. LEWIS WILLIAMS moved to amend the instrtn.
on the question of reference, he demanded the yeas and nays. tions by directing the committee to inquire into the expedt-
Mr. UNDERWOOD rose, and objected to the reception ency" of reporting such a bill.
of the petition. Mr. BRIGGS submitted to the Chair that, under therule,
Mr. EVERETT moved to lay the question of reception this petition, giving rise to debate, must lie over.
on the table. The SPEAKER. No gentleman wishes to debate it. The
Mr. MALLORY called for the reading of the petition, gentleman from South Carolina (Mr. HOLMES) has with-
SObjections made in various quarters, drawn his motion to that effect.
Mr. BOTTS asked leave to introduce a resolution, which Mr. BRIGGS. Yes, sir; but the gentleman from Ken-
he desired might be read for information, tucky (Mr. ANDREWS) immediately rose and signified his de-
The SPEAKER said it could only be done by unanimous sire to debate the question.
consent. Mr. WELLER moved that the House do now adjourn.
Objections were made. The yeas and nays were asked and ordered, and being
Mr. HABERSHAM inquired of the SPEAKER if it would taken, were: Yeas 85, nays 104.
be in order to make a remark on the motion of the gentleman So the House refused to adjourn.
from Vermont, (Mr. MaTTOCKS.) And the question recurring on the reference and instruc-
The SPEAKER said: By unanimous consent only. tions-
Some conversation followed as to the effect of the motion Mr. ATHERTON moved the reference tothe Committee
to lay the question of reception on the table, if it should of Ways and Means; and submitted that the petition, giving
prevail rise to debate, must lie over.
Mr. GILMER inquired of the Speaker if it would be in Mr. McKEON said that he, as one of the Representatives
order to move the indefinite postponement of the petition, of a commercial city, could not consent that the subject should
The SPEAKER said the House had not yet received the go over without some debate.
petition. So the petition, giving rise to debate, was ordered to lie
Mr. GILMER inquired whether the petition would go to over.
the table with the question of reception. Petitions were presented from Maryland by Messrs. W. C.
The SPEAKER replied in the affirmative. JOHNSON, KENNEDY, &c.
Mr. GILMER. Then the petition is in the possession of Mr. KENNEDY presented a memorial from citizens of
the House. Baltimore, praying for a reduction of duties on foreign tobac-
The SPEAKER. Not until the House has so decided, co, and for an increase of duty on Spanish sears.
Mr. EVERETT addressed an inquiry to the Chair, of Mr. K. moved its reference to the Committee on Manufac-
which the Reporter could not catch the purport. tures.
Mr. MALLORY called Mr. E. to order. Mr. ATHERTON moved its reference to the Committee
Mr. S. MASON, of Ohio, called for the yeas and nays on of Ways and Means.
the motion to lay the question of reception on the table; Mr. ADAMS asked the yeas and nays, which were or-
which were ordered. dered.
Mr. EVERETT rose to make an inquiry of the Chair. Mr. MALLORY moved that the House do now adjourn.
Mr. ANDREWS, of Ky. desired to know from the Speak- The yeas antI nays were asked and ordered ; and, being
er what was the question before the House. taken, were-Yeas 81, nays 89.
The SPEAKER replied that it was the motion of the gen- So the House refused to adjourn.
tleman from Vermont, (Mr. EVERETT,n to lay the question of And the question recurring on the reference of the peti.
the reception of the petition on the table, lion-.
Mr. ANDREWS. Is that debatable 1 Mr. ATHERTON asked the reading of the petition;
The SPEAKER. It is not. which having been read--
Mr. ANI.'RlWS. Ihen I call the gentleman from Ver. Mr. WISE proceeded to suggest that this memorial asked
M.ont Mr.t Ev 'rT) t odernl for double protection.
[Lonut cries ofE Orderr order," from avery part of the When Mr. BRIGGS submitted to the Chair that nodebate
House,] could now te entertained.
Mr. OAMPBELL, of S. C. moved that the House do now Mr. WISE said he was not going to debate.
adjourn. Mr. MeKEON sent to the Chair an amendment to the
The SPEAKER said the motion was not in order whilst motion of reference, in the form of instructions; which, how-
the gnitl-man irom Vermont (Mr. EVERETT) was ou the floor, ever, was not read.
Mr. EVERETT inquired of the Speaker whether, if he And the question, giving rise to debate, was ordered to lie
(Mr. E.) withdrew the motion to lay on the table, with the over.
intention of renewing it after he had submitted what he had Petitions from the State of Virginia were peseted Tby
to say,he would have an opportunity of addressing the Chair. Messrs. BANKS, STUART, HARRIS. MALLORY,
The SPEAKER said the petition was not debatable. WISE, GOGGIN, POWELL, STEENROD, and SUM-
Mr. EVERETT. Then I adhere to my motion to lay MERS.
the question ,,f reception on the table. Mr, GOGGIN gave notice of ar, olisia for leave to intro-
Mr.CAMPBELL,ofS.C.movedthattheHousedonow duce a bill to extend the time of issuing military land war-
adjourn, rants to officers and soldiers of the Rcvolutionarv army.
The yeas and nays were ordered, and being taken, were: Petitions were presented from Georgia by Mr. DAW.
Yeas 84, nays 108. SON.
So the Honse refused to adjourn. From Kentucky by Messrs. UNDERWOOD and TRIP-
And the question recurring on the motion to lay the ques- LETT.
tion of reception on the table- From Ohio by Messrs. PENDLE1 N and GOODE.
Mr. BOTTS said he did not know from what quarter the From Louisiana by Mr. MOORE.
objection to his resolution came, but he asked that, wherever From Indiana by Mr. KENNEDY.
it came from, it might be withdrawn, at least for the purpose From Alabama by Mr. CHAPMAN. ...... .


of having the resolution read for the information of the Mr. C. presented certain proceedings ot the Legislature of
House. Alabama on the subject of thecontroversy between the States
Mr. W. C. JDHNSON objected; but,.in the same instant of Georgia and Maine; which, after some conversation, were
withdrew the objection to having the resolution read. laid on the table and ordered to be printed.
Mr. BOTTS then presented the following resolution, On motion of Mr. HOLMES,
which was read for information : Resolved, That it be referred to the Committee on Naval Af-
e oin b te fairs to inquire into the expediency of substituting steam vessels
R-.olrd, That a selectcommittee be appointed by the Speak- for the revenue cutters now in service, and to place the same un-
er ,-f it,.@ I t,-,, lo .,r..l ..f an.: member from each of the non- der the command of officers of the Navy.
la.ehiidiui Si, i itie inm .tn, a,1 which shall be referred all
,eo, n rials an,] pietnors .ra, ,tg 1,r ithe abolition of slavery in the The call for petitions having been gone through with, and
Distr,ct uft-...lumit.,a d for the suppression of the slave trade be- there being a loud-cry for adjournment-
'wean ihee eeralsiatesa,.J rTerritories, withinstructionstoreport Mr. FILLMORE hoped, he said, that the committees
thereuion t ithe n-.ot eshaon of Congress. would be called for reports, as some of them, he understood,
Mr.W. C. JOHNSON objected to the introduction of the were ready to report.
resolution..W.C. JOH SON Accordingly the SPEAKER called the standing eommit-
Mr RAYNER rose for information. He was understood tees in their order, but no reports were made.
toiure R h the mor tion to ly Select committees being then called-
tio inquire whether the motion to lay on the table was the mn- Mr. CALHOUN, of Mass. from the Select Commiltee-
on to reeSe rt to rAce to receive. s appointed on the Rules and Orders of the House, made the
The SPEAKER. 4 motion to receive.
Mr. HOPKINS. If the motion to lay the question of re- following report:
eepiion on the table th.buld be reject-d, will not the question The Committee on the Rules, in part discharge of the duty as
1then be, Shall ha petiin be received I signed them, report the following amendments to the rules ofth
The beP, KE it w last House of Representatives, which have been adopted tempo-
oe fStErKc nERsaidn fll w eud. rarily for the government of this House, which amendments are
Some foriher conterianvin followed as to the state of the to be in force for the present session.
question and the effect of the motion to lay on the table, in By order of the committee :
which Messrs. TRUMAN SMITH, W.' C.JOHNSON, W. B. CALHOUN, Chairman.
BRIGGS, and UNDERWOOD participated; when Upon the presentation of petitions and other papers on subjects
The PEAKER aid that tIke effect of the motion to lay not peoially referred to the coepideratioa of the Hvliu Ia i


TON and TAPPAN ; on the part of the House, Messrs. TILLING-
HAST, AYCRIGG, and SUMMER.
A. J. DURBORAW,
ATTORNEYS-AT-LAW. PITTSBURG. P.NN.
JUSEPH S. WILLIAMS,
ATTORNEY AND COUNSELLOR AT LAW,
And General Collecting Agent,
LINDEN, MARENGO COUNTY, SOUTH ALABAMA.
dec 19--6mcp
JAMES DUNLOP,
Late ef Chanbersburg, Pennsylvania,
AND
A. J. DURBORAW,
ATTORNEYS AT LAW, PITTSBURG, PENN.
sept 12-eply
R OBINSON'S FORMS, Vol. 1.-PForms adaptedto
the practice in Virginia, by Conway Robinson, volume
1, containing formis in the courts of law in ci il cases-tIn
this work forms are published for parties, counsel, justices, clerks,
sheriffs, and other officers ofcourts. They are published gene-
rally in the order ofRobiuson's Practice. After the caption to
each form, a reference is given to the page is the Practice at
which there fs mentioned any statute, decision, or other matter
connected with the form, and occasionally particular statutes
and decisions are referred to.
The volume about to be published contains such forms as are
called for by the first volume of the Practice. The printing is
complete, and copies will soon be ready for delivery. Including
the table of contents and table of cases cited, it contains 705 pages,
and wilt be sold at $7 by SMITH & PALMER,
june 8-cp3w Richmond, Virginia.
L AND AND MINERAL IFOR SALE.-I will sell at
private sale a farm containing 103f acres of land, binding
on the Potomac river, three miles above the Great Falls of the
Potomac, in the county of Fairfax, State of Virginia; the improve-
ments are a kitchen, smoke-house, and stable, and a tolerable
good orchard; there are 25 or 30 acres in wood, on the river shore,
which can be conveyed to Georgetown by water. This land is
very susceptible ofimprovement; there issome very rich chrome
on the surface, also iron ore, and a great quantity of soapstone.
This farm will be sold on accommodating terms if early applica-
tion be made. Apply to WM. SWINK, Jr.
The subscriber is commissioned to sell two other farms in the
same neigliboihood, one containing 200 acres, with a good log
dwelling house and out-houses ; the greater part of this land is of
a good quality and lies well, with a plenty of wood thereon. The
other farm contains about 250 acres, with a log dwelling thereon,
and l.is a quantity of wood on the river shore, which can be con-
.eyed to Georgetown by water; there is a good portion of good
meadow land and rich river bottom, which produces remarkably
well. It is deemed unnecessary to give a minute description of
the abovementioned lands, as doubtless those wishing to purchase
will view for themselves. The farms will be shown at any time
by the subscriber, or TENLEY S. SWINK.
For terms apply to WM. SWINK, Jr.
may 22-w4w Prospect Hill, Fairfax county, Va.
GREAT AMERICAN LIFLE BOATS.-The pro-
prietors of Francis's Patent having opened a large estab-
lishment in the city of New York, are able to supply any demand
at short notice. The boat will be forwarded to any part of the
Union on a written order to that effect through the post office,
tat ;ng the length of boat required, directed to
war 8-c--pwiy JOSEPH FRANCIS & CO., New YorX,


That it shall contract no debt for a longer time than one
year.
That it shall issue no note of a less denomination than ten
dollars.
That the officers of the-institution sh MIt h-e permitted
to borrow money from, or coniraet arv deM tIherrin, in any
manner whatever; a note .r bill of which such officer is
maker, drawer, endorser, or acceptor, is forbidden to be dis-
counted. The directors of the branches not to be considered
officers within the meaning of this provision.
To prevent or expose any fraud or indirection in the man-
agement of the institution, to prevent, also, large and im-
proper loans to individuals, to the injury of the stockholders
and the Public, and to prevent, likewise, false imputations
when such irregularities do not exist, it is proposed that the
books of the institution, including the accounts of all indi-
viduals therein, be at all times open to the inspection of the
Secretary of the Treasury of the United States, to a com-
mittee of either House of Congress, to each of the directors
of the Bantik, and to a committee of the stockholders, with
power to make public whatsoever they think fit.
It is proposed to provide that the branches shall not issue
notes or bills adapted to and intended for circulation, but may
sell drafts not less in amount than fifty dollars, for the pur-
pose of transmission and exchange.
That the Bank shall not suspend specie payment; that it
shall not pay out any thing but cin or bullion, or its own
notes. That its existence as a corporation continue for twen-
ty years, but that it be allowed to use its corporate name for
two years longer in settling up its affairs.
That no other bank be established by Congress during the
existence of the charter.
And providing that it shall not be deemed an infringement
of the privileges granted by the charter, if Congress shall or-
der the said Corporation to place offices of discount and de-
posite wherever the same may be necessary for the collection,
safe-keeping, and disbursement of the public revenue.
All which is respectfully submitted.
T. EWING,
Secretary of the Treasury.

JTHOMAS T. BOULDIN & WILLIAM T. YANCEY,
Attorneys at Law,
LYNCHBURG, VIRGINIA,
Regularly attend all the Courts in the counties of Anmherst, Bed-
ford, Campbell, Charlotte, and Halifax, and the town of Lynch-
buig. June 8-w6m
LAW NOTICE.-The undersigned have connected them-
selves as partners in the practice of the law. They will
attend all the Courts held in Hamilton county, Ohio, and the Cir-
cuit and District Courts of the United States at Columbus.
B STORE,
WM. KEY BOND.
CINCINNATI (Ohio,) Sept, 1. 1840, sept li-cply


TN OTICE.-The undersigned having seen the advertisement "
1 of David Young offering for sale the farm which hte pur-
chased of me, called Aquasco Mills, situated on the Patuxent
river, in Prince George's county, about five miles below Magru-
der's ferry, I hereby give notice ihat I hold the vendor's lien on
the said tract of land for the original purchase money, but, being
desirous, as far as possible, to facilitate the sale advertised by said
Young, I further give notice that, upon the payment of the pur-
chase money ard interest due to me, 1 will unite in executing a
deed to the purchaser, conveying to him a clear title in fee
simple.
may 7-cptjulyl WASHINGTON BERRY.
TWO HUNDRED DOLLARS REWARD.-Ran
away from tho subscriber, living near Colesville, in Mont-
gomery county, Md. on or about the 19th of April last, negro
WILLIAM OWENS, 19 or 201 years old, about 5 feet 8 or 10
inches higlt; bright copper color, short hair, high cheek bones,
straight and well formed. When spoken to, has a down look.
Had on when he went away dark kersey pantaloons and rounda-
bout, a tolerably good black Russia fur hat, and a bundle of other
clothing. I will give the above reward for the apprehension of
the above boy if he shall be taken up north or east of the State
of Maryland, and delivered to me at my residence, or secured in
jail in the city of Baltimore so that I get him again ; or $100 for
his apprehension any where else, and delivered to me or secured
as above. In the event of the necessity of proving property, I
will take that expense and trouble on myself.
may 27-eo2w REZIN SHAW.
S UNAWAY.-Was committed to the joil of Kent county
LL on the 20th inst. as a runaway, by Henry-Hurtt, Esq. a jus-
tice of the peace, a negro woman, who calls herself SUSAN
GREEN. Said negro says htier mother's nne -aE Sairdh Gr.:n,
and formerly belonged to James Ninde, GC,' irt. L.t B0t1t re,
and was by him set free, and that she was born after the freedom
of her mother. Said negro woman is about 26 years of age, of'
dark complexion, is about 4 feet 8 inches high, has a scar (appa-
rently from a burn) on the back of her neck, on the right side.
Had on when committed a painted muslin, a split-straw bonnet,
and coarse lace boots.
The owner of said negro woman-is hereby warned to come for-
ward and prove property, or else lshe will be discharged accord-
ing to law. JOHN USILTON,
Chester Town, May 22, 1841. Sheriff of Kent county.
may 25-Baw4w
XINIFTY DOLLARS REWARD.-Ran away from my
1' plantation on the 7th May my negro man GEORGE
BROWN, supposed to he about 25 or 26 years old, 6 feet 2 or 3
inches high, dark complexion, vo r tieh forehead, and when spo-
ken to hasa quick speech and a anr il. ,ii his countenance; has a
scar on the right knee, occasioned by a cut from-a scythe. He
was seen on the 7th instant, the same day be absconded, pa -6ng
along the stage road leading from Upper Marlboro' to Wriiihag-
ton. His clothing when seen was a pair 'If sl'i,e ,l.mti.: psnia-
loons and drab colored roundabout, andI t1.1. fur l, ai, ith vtmry
narrow brim. Itisp,ssi.le lihe nay t,d'. c!t.angrl I[, clolthing, as
it is well known he wass plesrifilly supplied.
SI will give the above reward to any person for br',ngng him
home, or securing him injail so I get htm ae;.n, no matter where
taken. 'WMh. (G. JENKINS,
Manager for Robert D. Sewall.
Poplar Hill, near Upper Marlboro',
may 12-w~w Prince George's county, Md.
JOSIAH J. CROSBY & J. S. JONES,
ATTORNEYS AND COUNSEl OlRS AT LAW,
aug 18-wlycp A.ontgomery coUnty, 7 ezia,


message of the President at the opening of the present extra ses- PLAN OF A BANK AND FISCAL AGENT. I ELTSVILLE AT PUBLIC SALE.-By virtue of
sion, objection to the reception shall be considered as made, and -- U a deed of it iuit fre.m Judson W. McKnew and wife to me, i.
the question of reception shall be laid upon the table. This rule Letter from the Secretary of the Treasury, transmit- will expose to public sale on the 9th day of July next, on the pra-
to be considered only in force during the present session. Peti- i nses, at 12 o'clock M. that extensive and valuable Tavern, Store-
tionsandother papers foror against bankrupt law to be excepted ting to the Senate, in COmpliance with a resolu- house, &c. known as Beltville.
from the operation of this rule. timo of that body, a plan of a Bank and Fiscal This property is situate on the Baltimore and Washington Rail-
The action of all committees on all subjects not specially re- Agent road, immediately at the crossing of the railroad and Baltimore
ferred to the consideration of the House in the message of the nd Washington turnpike, 12 miles from W hir.i r,.l and :2 milta
President shall be suspended during the present session : this TREaSURY DEPARTMENT, JUNE 12,1841. Ifron Baltimore. The property consists of a large 'avern in good
suspension not to apply to business before the Committee of Elec- To the President of the Senate of the United States: repair, a large store-house adjoining the tavern, commodious sta-
tions, of Ways and Means, on Accounts, and on Mileage, nor, if SIR : In obedience to the directions of the Senate, contain- bles, and ,ll..'l.cr n.,'.-.-.r .-rI,,....
the House shall so determine, to the subject of a general bank- TTheBali.-mor,. Oi.. Ri,. R ruptlaw. ed in their resolution of the 7th instant, the Secretary of the this point a permanent watering station anda stopping place for tho
Y moved theTreasury has prepared, and herewith submits, a plan of a cats, &c.which rendersthisonenofthenmostvaliabletavern stands
Mr. STANLY moved the previous question on the ado Bank and Fiscal Agent. in the State, and would, in connexion with the mercantile business
tion of the report. Bn n iclAet
Mr. ATHERTON said he objected to the report, because In the general plan and frame of said institution, he has en- which could be extensively prrTsecued at this plae, enuthree andrafo-r
pid fortune to the purchaser. There aer betweema three and four
the committee had transcended their powers in undertaking deavored to free it from the constitutional objections which acres of land attached to this property. All persons desirous of
to prescribe upon what subjects the House of Representatives have been urged against those heretofore created by Con- making an investment in such property are expected to examine'
should act during the present session. He was at a loss to the prorfor themselves. THOMAS G. PRATT,
know by what authority they had undertaken to make a re- gress, and, as far as practicable, without impairing its useful- the property for themselves. THUMAS G. PRATT,rlboroug.
port on a matter not left for their consideration, ness, to guard it in its details against the abuses to which such junNTI 12-taN-D. PHILIPS & A. JACK.
potonamttro et o T EWVINVEiNTIONr-D.PiPS&AJAK
Mr. LEWIS WILLIAMS desired to know whether the institutions are liable. And he now respectfully submits it L SON'S PATENT GARLICK AND SMUT MACHINE
gentleman was in order, to the Senate, with the hope that, in the process of consider- for separating Garlick, Smut, and Cheatfro m Wheat, 4-c.-
Mr. ATHERT ON remarked that the committee hao un- ation ad enactment, it may become, what he did not pro- The advantages of this improvement consist in the t1 1.,vwithk
dertaken to prescribe on what subjects the House should act, which it'can separate garlic, smut, cheat, or other impurities
which he thought was wrong. Now, if a committee had sume to promise, but which he earnestly desires to see in the from wheat or other grain, and in the simplicity, cheapness, and
been raised on this subject, then he supposed it would not possession of the nation, a Bank and Fiscal Agent, free from durability ot the apparatus. Any carpenter, having seen one of
have been considered as coming in conflict with a general constitutional objections, and adapted to the wants of the these machines, can very readily make them.
revisal of the rules; therefore, he contended that the report country and convenience of the Government The whmeat is effectually separated from the extraneous matter
of the committee was not in order, because it did not come cntry e o the ernment. by means of a strong current of air, produced by the rapid mo-
within the scope of the authority confided to the committee. t is proposed to incorporate a Bank in the District of Co- tion ofa common mill fan, and conducted through a trunk or flue
Mr. WISE moved that the House do now adjourn, lumbia by the name of the Fiscal Bank of the United States, made of plank, air-tight. This trunk should be the full width of
the fan, sboutsa foot deep, where it leaves the fan, and-contracted
The yeas and nays were asked and ordered, and being having a capital of thirty millionsofdollars,with powertoesta- thefaabouts a dsthe re it wres t hwhf, a tpasse
to about six inches at the month or point where thte wheat passes
taken, were: Yeas 54, nays 87. blish branches or offices of discount and deposit in the seve- through. The wheat falls' from a revolving screen upon an in-
So the House refused to "adjourn. cleiiueaerr otecretr i;a ona tetr h
Mr. WISE roused to a point of order; and he desired theral States, with the assent of the States; that the Govern- clinked plane, at the lower end of which it passes through a per-
Mr. WISE rose to a point of order; and he desired the ,,;pniurapruetthcretcfiljssonaitneste
Speaker to decide whether the committee had performed its mentsubscribeone-fifthpartofthecapital; andon thesupposi- pear aperture to the current f g mass diverges fromon a perpitentediculars t
current of air, the Adling mass diverges from a perpendicular
duty in reporting what subjects should be acted upon at the tion that it is the purpose of Congress hereafter to direct that line, at a greater or less angle, according ta its specific gravity-
present session, and whether there would be any rules for the the fourth instalment, appropriated by thedepositeactofJune pure wheat diverging at an angle of about thirty, and garlic and
government of this House except those reported in the resoa- 3, 1836, shall be paid into the treasuries of the several States, allt, m,. r '.. t.,',, l.-' l.out sixty degrees. The sepiura-
lution of the committee 7 as p o tion, lii-ong 1It..: t... rim {.-i,l effected by the action of lie cur-
The SPEAKER said that he had no doubt about the it is also proposed that a subscription to that amount be made rent of air upon the surface of the particles of matter fslling
point of order. The rules stood in full force while a motion in the name of the United States, for the use of the States through i ,, r... rv. ll. %..... ,us of regulators, or slides, so ad-
for reconsideration was undisposed of. respectively; the stock to 'be assigned to, and become the pro- justed as-..k.. fri w t,. ". i..... the impure matter. Garlick can
be separated from wheat o,,ly in this way, and smut can be blown
Mr. ATHERTON appealed from the decision of the perty of, such States as shall accept the same, in the manner out whole, which must be decidedly preferable to any mode of
Speaker. and in the proportions, and subject to all the conditions, pro- rubbing, by which it is pulverized, as a portion of the dust must
And the question being on the appea- vided and imposed b that act adhere to the grain, and thus pass into the flour.
Mr. WISE said he wished to make this point of order: a imposed by that act. The utility of this improvement has been fully tested by expe-
The resolution of the House was, that a committee of nine And for the amount of the six millions to be subscribed by riments made with garlic in everystage-from that of green and
members be appointed to draught rules for the House ; and the United States on their own account, and also for the sappy to light and dry-and the result, in every instance, has
until such committee made a report, and the same be finally amount to be subscribed for the use of the several States, it J...n F .ti r, i. .' r
acted upon, the rules of the last House of Representatives i .,:-'-"-- iw,-. I ti.:asure in offering this improvement to Mil-
should be considered the rules of this House. Now, if this proposed that a stock be created, bearing an interest of five lers. and the Public g, nerally.
were adopted as the report of the committee, and if the House per cent. per annum, redeemable at the pleasure of the Gov- Letters frontm any part of the United States, addressed to the
finally acted on it, he asked if there would be any but these eminent at any time after fifteen years, patentees, at Leesburg, Loudoun county,Virginia, will be prompt-
ly attended to. DAVID PHILIPS,
rules I' In case Congress should not see fit to make such a provi- ASA JACKSON.
The SPEAKER replied that he was very clear in his sion as is proposed for paying to the States the fourth instal- P. S. Mr. DAVID PHILIPS, one of the patentees of the above
views on this subject. The Chair considered this as a report,
in part, of the committee; and did not consider it was his mont under the deposit act, it may be well worth while to improvement, has disposed of his interest in the same to Mr. MO-
SES B. HERRING for a valuable consideration, reserving only
province to say whether the committee had transcended its consider whether the States might not be permitted to take the State of Pennsylvania.
powers or not. This was a question for the House to decide, the stock of the Bank according to their respective amount of may 4-eo3mep ASA JACKSON.
Mr. ATHERTON here withdrew his appeal. population, to the extent of ten millions in all, issuing there- UtALUABLE FAR M IN CLARKE COUNTY
And the question recurring on the demand for the previous for stock of their own, bearing such interest, and reimbursa- V FOR SALE.-I offer for sale the farm opon which 1 re-
question-se
Mr. WELLER moved that the report of the committee be blei at such periods, as might be prescribed; the dividends on side, in Clarke county, about ne ntPle frot tinta Shenandoat river,
atd 33 miles above Harperts Ferry'. It contains upwards of 1,100
laid on the table, and that it be printed, with a view, he said, the shares thus held by the States, respectively, to be applied, acres of limestone land, of which about 300 are heavily timbered.
to give the members time to examine into the subject, in the first place, to the payment of the interest on their There are two never-failing streams of water flowing through it,
Mr. STEENROD asked for the reading of the report; stocks; with a further provision, if thought necessary, that, upon one of which there are 2 mnechant, I grist, and I saw mill,
which having been again read- ani all of them within one mile of the farm.
Mr. CHAPMAN moved that the House do now adjourn, in case the proceeds of the public lands should be assigned 10to The improvements consist of a largo and well-finished brick
Mr. KEIM asked for the yeas and nays thereon, which the States, those proceeds should be applied to the reimburse- house, now nearly as good as new, containing eight rooms. The
were ordered ; and, being taken, were: Yeas 62, nays 94. ment of the principal of their debts, or stocks, created or issued roof is covered with slate, and the cellar paved with brick. The
So the House refused to adjourn, fo r the purposes aforesaid. i,,, are also of brick, and correspond with the dwelling
,.for the pur.,. rhfsaid. ,-, are tenements, also, at a convenient distance foray
And the question then recurring on the motion that the In the opinion of the Secretary, it is desirable that the blacksmith and wagon-maker, with good shops for both.
report of the committee be laid on the table and printed-
The yeas and nays were asked and ordered; arid, being States should be permitted to take an interest in one of the The farm has been under an improriog system for many years,
t ee yeas and nays were asked and ordered and, being o ode, rmt inte n e and lies in a healthy and excellent neighborhood ; and 1 will with
taken, were: Yeas 53, tnays 79. foregoing modes, or some other mode, in the new institutions; pleasure show it to any one wishing to pumeThase, and will then
So the House refused to lay the report on the table, but if Congress should think otherwise, then it is recom- make known the terms of sale, which may be ascertained, also,
And the question then recurred, and was taken on the de- mended that the Government of the United States sub- on application, by letter.
mand for the previous question. Wishing to effect a sale before the 1st of August, when I shall
And there was a second, scribe for ten millions of stock, leaving twenty to be subscribed leave hoie for a few weeks, I request those who may be dispos-
And the main question was ordered to be now taken, by individuals.. ed to see or correspond with me on the subject, to do so without
And the main question, which was on the adoption of the It is proposed that the affairs of the Bank be managed by delay. JAMES M. HITE,
report, was then taken by yeas and nays, and was decided in seven directors, two of them to be appointed by the Presi- june 3-eptf Near White Post, Clarke county, Vs.
"APPAHANNOCK FOR SALE--By virtue ofa
the affirmative: Yeas 106, nays 60. dent, by and with the advice and consent of the Senate, and R lAPPse contained in the will of the late William A. Sparks,
So the report of the committee was adopted. clause conied in the will of th late William A. Sparks,
Mr. MORGAN moved a reconsideration of the vote just five to be elected by the stockholders, at their annual meet- I offer for sale the tract of land known by the name of the Btiotol
taken. He observed that he had frequently noticed that ing. A president to be chosen by the directors, out of their Mines, lying in the county of Westioreland, about four miles be-
low Pert Royal, and immediately upon the banks of the Rappa-
some gentlemen who had voted in the majority on questions own body. lohaw Pock, contain n imm ediately upon the banklso, by virtue of appa-
had done so for the purpose of moving a reconsideration. That the branches be managed by not more than seven power given in the wil of the late Richard T. Brown, we offer for
Now,, he n,, move a reonidrto n* f .tho vote, althoughcceo naae o o hremnsve owrgve n h il fmelteRcar .Brw, eofe o
Now, he moved ah reconsideration Of the vote, although he nor less than five directors; two.of them to be appointed by sale a body of land a 1 .i;.ii .le above mentioned tract, contain.
had voted in the majority, and would vote against it. And the States in which the tanches may be situated, if such ing, likewise, about :,, .:r- The above tracts of land, which
he moved the previousquestion. th S e in wi t b m s, if s we are desirous to sell in a body, are well adapted to the growing
Mr. STANLY observed that the gentleman from New State be a stockholder, and the rest to bd appointed by the of wheat and corn, and are susceptible of high improvement.
York (Mr. MORGAN) could not make two motions at the same directors of the Bank. There is aslage body of meadow land, squal if not superior to any
time, and he (Mr. S.) would therefore move the previous It is proposed that the Bank be the fiscal agent of the Gov. in this section of country, and marl in sufficient quantities, it is
question. thought, for agricultural purposes, Nearly the whole body is
Pending which, a motion was made that the House do now ernment; that the public moneys be deposited in it; and, heavily timbered, a vast quantity of which is of superior spruce
adjourn; which motion was rejected, when there, that they be deemed and taken to be in the pine, within two miles of the river. There are several landings.
A call of the House was moved, but was refused. Treasury of the United States; and that the deposits hbe on the river, and among them a wharf at which vessels of any bur-
den may lie. Persons wishing to engage in the lumber orwood'
The question then recurred and was taken on the demand not removed except by law; and that the notes of the said business would do well to call and t exam ine, the luwe are confident
for the previous question.rmvdecp ylw n a entsO eBl business would do well to call and examinen, as we are contidont
forAnd theprevious question. Bank be receivable in the payment of public dues, and that no situation in this country is so well adapted to that business or
And there was a second.
And the main question was ordered to be now taken payments made by the Treasurer of the United States may offers equal facilities. There is on the plantation a large a,,.I ron-
Mr. cE demanded theyeasanetd nay on the main b b c k o si B an. veniently constructed bern, the water good, and location -,L ,1i.,.
Mr. McKEON demanded the yeas and nays on the main be by checks on said Bank. Letters addressed to Thomas Brown or R. L. T. Bealin, West-
question, which were ordered. That the said Bank receive the fundsof the United States; moreland Court-house, Va., will meet with attention; either will,
Mr. DAWSON asked the gentleman from New York that it transmit them from one part of the Union to another, at all times, show the premises to any wishing to buy.
(Mr. MCKEON) to withdraw his call for the yeas and nays, t A THOMAS BROWN,
but he declined to acquiesce in his request.. and distribute them for the payment of public creditors, and Administrator, &c. of William A. Sparks, and co-executor with
And the main question (being on the reconsideration) was perform the duty of pension agent, free of charge. R. L. T. Balen, ofR. T. Brown, deceased, june 10-w6w
then taken and decided in the negative: Yeas 28, nays 108. The ordinary powers and privileges of banking institutions 1[3RIVATE EDUCATION.-My Seminary for youths
So the vote was not reconsidered, being conferred upon it, and the ordinary liabilitie and duties will open in Alexandria, D. C. on the slet of May, in a re-
AndhthenthHosadore.I
And then the House adjourned, imposed in order to prevent over-banking, excessive issues, tired and commodious building, formerly the abode of the late
-- Judge Mason, at the northern extremity of the town. There are
Of the petitions presented during this day, the following fluctuations in the price of stock, and consequent specu- vacancies which I desire to fill. of the to Te
have been brought to the special notice of the Reporter: lations therein, and to secure the bill-holders and other cred- Great attention will be paid to the morals, manners, and habits
By Mr. EASTMAN: The petition of JolmV. Barron, for re- itors of the Bank from danger of loss, it is proposed- of my pupils, who all reside in my family, and form a part of it
muneration for loss of property during the last war. To limit the dividends to six per cent. per annum; but it The discipline is strict and parental.
Of Joseph H. Kelley, for loss sustained in consequence of false No pupil not heretofore a member of my family will be admit-
arrOest on United States process. they fall short in any year, the deficiency, with interest tLedover fourteen years of age, and the number will be limited to
Of Susan Hillyard, for pension money due her late husband thereon, to be afterwards made good ; and when a surplus sixteen.
Jonathan Hillyard. accumulates exceeding two millions, the excess to be passed The course of instruction is liberal, suited to an entrance into
Of Betsey Connor, for services rendered the United States as tcrdto tec tre aue of, the U e es o. schools of higher grade, into college, and mercantile life.
hospital nurse, to the credit of the Treasurer of the United States. Terms : For tuition, board, fire, candles, washing, i,...:nd;r.g
By Mr. BURKE: The petition of Benaiah Cooke and others, That the amount of debts whi th it may at any time owe mattress and bedding, the charge for the scholastic year iul lU
praying fora mail route, all not exceed t tn lin over and above its deposits. months is $190, payabIe half yearly in advance.
Also, the petition of Return B. Brown, praying compensation shall not exceed twet mlln over and above i Vacation from Ist August to the last of September.
for losses sustained by him while in service of his country during That the debts at any time due to the Bank shall not exceed WM. BRENT, Jr.
the late war with England. the amount of its capital and seventy.five per cent. thereon; Alexandria, D. C. April 27,1841. may 4-eso3w&law2w
By Mr. MALLORY : The petition of Jno. Harper, of Norfolk and that, when the amount of its bills in circulation shall EFEENeEseS.
county. Virginia, asking the establishment of a national bank, and The Rev. Dr. Keith,
proposing a plan therefore. Referred to the Select Committee on exceed three times the amount of specie in its vaults, no new The Rev. E. R. Lippett, Theological Seminary, Va.
the Currency. loan shall be made. The Rev. Joseph Packard,
By Mr. HENRt : The petition of John Janins, of Beaver con- That it shall not deal in any thing except coin, bullion, The Rev. Win. Hawley,
ty, Pennsylvania, praying for a pension on account of disability .Col. Wn. Brent, -a go.I
^^ ^ t'K~ri~ ? r~n^ ^ ^ ^ promssoy no)tes, and inland bills of exchange. YI^M l^ashington.1
from exposure in the service of the country in the last war. Re- po dfc.Walrerne,
ferred to the Committee on Invalid Pensions. That it shall take no more than six per cent. upon loans. Col. Archibald Henderson, J
Mr. RANDALL remarked that, in the present condition of That it shall discount no promisory note, and purchase nu Dr. B. S. Bohrer and Georgetown, D. C.
business, at this extra session, he did not consider it expedient to bill of exchange which has more than one hundred and sigh- Jere. W t. Bronaugh, Esq.
offer petitions on ordinary business. He however asked leave to Dr s G eo. Wason,
present the resolutions of the State of Maine on the subject of the ty days to run, or make any loan for a longer time. Those. Ritchie, Esq. Richmond' Va.
Northeastern boundary, French spoliations, and in favor of an That no debt shall be renewed. Hon. Judge P.V. Daniel,
amendment of the Constitution in relation to the election of Pre- hat it shall, not at any time loan the United States Hon. Bnj. Watkins Leigh,
sident; which were referred to the appropriate committees and Geen. John H. Cocks, (FJuvanma county, Va
ordered to be printed, more than three millions of dollars, nor any State more than Rev. Richard H. Wilhner, uy, v
-- $100,000, nor either for a longer time than one hundred and The ev. T. Brown, Madison C. H. Va.
The following is the Joint Committee appointed on the Library eght da unless authorized by law The Key. C. B. Dana, Alexandria, D. C.
of Coneress On the hart of the Senate. Messrs. CLAYTON. PaEs- eigty days, ls y Gen. S. C. Leakin, Baltimore, Nd.