and delicately did, through another person, suggest to me that it ought to be done; and now, as is my duty, I must tell my colleague, and this House, and my constituents, the reason why Mr. Randolph's death was not here announced. But I cannot tell the reason why his death was not announced, without telling what I told a friend that I should say, in case I did [Here Mr. BoULDIN Swooned, fell, and in a few minutes after expired.] And the House immediately adjourned. WEDNESDAY, FEBRUARY 12. DEATH OF MR. BOULDIN. As soon as the journal was read [H. OF R. that his funeral will take place to-morrow, at eleven o'clock, THURSDAY, FEBRUARY 13. No business was transacted in the House of Representa tives to-day, the House being engaged in attending the funeral obsequies of the late THOMAS T. BOULDIN, one of its members. FRIDAY, FEBRUARY 14. The journal having been read Mr. WISE, of Virginia, rose and addressed the House as follows: Mr. ARCHER rose and said: I rise, Mr. Speaker, not to announce to the House-that were superfluous-but to Mr. Speaker, I ask the indulgence of this House, at submit the resolutions rendered proper by the dreadful its first meeting since the melancholy occasion of the fucatastrophe of which we were all appalled, and, I am sure Ineral of my lamented colleague, [Judge BOULDIN,] whilst may add, afflicted, spectators yesterday; by which I have I discharge a delicate and solemn duty to his memory been deprived of an esteemed friend, and the State to and to myself. His death, so sudden, and so shocking to which we both belonged, at a moment of the extremest all, was peculiarly distressing to me. It happened at a public excitement, of one of the most valued and valuable moment when he was about to reply to what he termed of her representatives on this floor. my “rebuke” to him. I hope it is not improper for me I know, sir, that I should outrage the feelings of the now to state to members, his family and friends, and my House, as I should violate my own, were I to avail myself own, that there was not the slightest emotion of unkind of this occasion to pay at large the tribute of esteem to feeling between us at the time he expired. Sir, when I my departed colleague and friend, which would, under had the honor of addressing this House but the other day, other circumstances, be due to the annunciation of his on the momentous question which so excited his ardent loss. He was of a character which might well be fruit- mind, and which still agitates this nation, as a father to a ful of panegyric, if it were now allowed me to dwell upon young colleague he sat by my side, and gave me the it. It was his fortune to have raised himself, from the cheering encouragement of his countenance and his smile. humblest condition of life, to rank in his profession; to a When I alluded to the fact that the death of his illustrious high judicial station at home; and to a seat, and that no predecessor had not been announced to this House, I bowundistinguished one, on this floor, by the aid of merit alone.ed to his venerable person, and disavowed the intention to At an age approaching to majority, he was following the "rebuke" him who filled the seat of Mr. Randolph with plough; and, so far from regarding this circumstance with honor to himself, and usefulness to the country. But the shame, or desiring to conceal it, he had the superior mind day before he was cut down in the midst of his usefulness, to regard and to speak of it with exultation-as, what it we met in this Hall, and had a free and friendly conversatruly was, an honor. Without fortune or influential friends, tion, which left nothing, on either side, unexplained. And or the aid even of education, he had lifted himself to gene-I am confident that, if he had been spared but a few words ral esteem, to independence, and to a place which he more, he would have left no room for misunderstanding regarded, as I do, inferior to none in point of honor-a the relations in which we stood to each other. My object seat in this House. in making the allusion which I did to the death of Mr. Sir, if I felt at liberty to pursue the theme, no man Randolph was solely what I professed at the time, sincerewould be better authorized, from knowledge, to bear the ly disclaiming any personal reflection upon my colleague, high testimony which it merited to his character, as a who, I never doubted, had good and sufficient reasons for private and a public man; nor, let me add, would there be failing to perform what seemed to be his appropriate duty. any one who would be more glad and proud to render These reasons have since been made public. He said he this just tribute to his memory and virtues. But I dare would announce them fully when he came to speak on the not pursue the theme, just and grateful as it would be. deposite question. Alas! little did he anticipate that death The awful catastrophe we have been called to witness and would seal his lips, and bury him too in silence, before he deplore speaks to our hearts, and, let me add, to our hor- should finish what he meant to have said on the death of ror, in a language which forbids it. I feel that I ought not his predecessor! I have the consolation to know that he may I say that I cannot-add more; and I content myself, died with a full knowledge that I intended no wound to therefore, after this brief and impartial notice, with send-his feelings, and no reproach to his conduct. And it being to the Chair the resolutions I hold in my hand, such as are ordinarily adopted on occasions of this description. Mr. A. then moved the following resolutions: Resolved, That the members of this House will attend the funeral of the late THOMAS TYLER BOULDIN at eleven o'clock to-morrow. comes me to pay my humble tribute to his memory, when dead, as I paid him the homage of my respect, and confidence, and admiration, when living. I became acquainted with him late in the session; and, from that time until the moment he expired in the public service on this floor-a glorious death it was!-I have the proud satisfaction of believing that I daily increased in his good will, whilst I know he grew in my affections and in my estimation, as a noble, generous, and warm-hearted friend, an able and honest and useful man, a bold and true patriot, who "had done the Resolved, That the members of this House will testify State some service." He is gone!-lamented by none their respect to the memory of 1HOMAS T. BOULDIN, by here more than by one who is comparatively a stranwearing crape on the left arm for thirty days. ger to all his merits, his high worth, and exalted virOrdered, That a message be sent to the Senate to no-tues; and whose fervent prayer to Heaven now is, that his tify that body of the death of THOMAS T. BOULIIN, late departed spirit is reposing in peace in the bosom of his one of the representatives from the State of Virginia; and God! Resolved, That a committee be appointed to take order for superintending the funeral of THOMAS T. BOULDIN, deceased, late a member of this House from the State of Virginia. VOL. X.-170 H. OF R.] viz: CREEK INDIANS IN ALABAMA. The following resolution, offered some time since by Mr. Lewis, of Alabama, coming up for consideration, Resolved, That the Committee on Indian Affairs be instructed to inquire whether the provisions of the treaty YEAS.-Messrs. John Adams, J. J. Allen, William Alof March, 1832, with the Creek tribe of Indians in the len, Baylies, Bean, Beardsley, John Bell, James Blair, State of Alabama, be inconsistent with the sovereign right John Blair, Bockee, Boon, Brown, Burns, Bynum, Camof jurisdiction of said State within its limits; and whether breleng, Carr, Casey, Chaney, Clay, Connor, Cramer, the execution of said treaty has so far conflicted, or is Amos Davis, Day, Dickerson, Dickinson, Dunlap, Forlikely to conflict, with the operation of the laws of the said ester, Fowler, W. K. Fuller, Galbraith, Gillet, Graham, State over the country ceded by such treaty; and, if so, to Joseph Hall, T. H. Hall, Halsey, Hamer, Hannegan, inquire whether some act of legislation, consistent with the Joseph M. Harper, Harrison, Hathaway, Hawkins, Howell, rights of said Indians, may not be necessary to prevent Hubbard, Abel Huntington, Inge, Jarvis, Richard M. such conflict. Johnson, Noadiah Johnson, Benjamin Jones, Kavanagh, Mr. McKINLEY, of Alabama, observed that he under- Kinnard, Lane, Lansing, Laporte, Lawrence, Luke Lea, stood the whole controversy to which the resolution had Leavitt, Lyon, Lytle, Abijah Mann, J. K. Mann, Moses reference had been settled; and, not seeing any useful Mason, McComas, McIntyre, McKay, McKim, McKinpurpose that could be answered by its adoption, he moved ley, McLene, McVean, Miller, Henry Mitchell, Robert to lay it on the table. Mitchell, Muhlenberg, Osgood, Page, Parks, Parker, Patterson, D. J. Pearce, Franklin Pierce, Pierson, Plummer, Mr. McKINLEY renewed his motion to lay the resolution on the table. motion. They were ordered by the House, and, being Mr. LEWIS then demanded the yeas and nays on this taken, stood as follows: He withdrew the motion, however, at the request of Mr. LEWIS, who said that he felt it his duty to state to the House, that, on yesterday, he had been favored with the perusal of a letter to the Secretary of War from the marshal of South Alabama, giving the information that the order for the removal of the settlers, on the 15th of January, had been suspended until some time in March, (perhaps the 16th,) and by that time it was hoped that the lands would be so far disposed of as to render a removal by military force unnecessary. While he (Mr. I..) sincerely hoped that such might be the case, and perhaps had no reason to doubt that such would be the fortunate result of this matter, yet, as his resolution was merely one of inquiry, directed to the sound discretion of the Committee on Indian Affairs, he trusted that it would not be laid upon the table, but that it would be referred to that committee. He could view the removal of the settlers by military force as no less than a question of peace or war, and he was not disposed to trust to the discretion or moderation of the President or any of his subordinate officers. He wished it not to rest on contingencies; and, as he believed that the act of 1807 was unconstitutional, he thought that its provisions ought now to be examined by the Committee on Indian Affairs. Polk, Pope, Ramsay, Schenck, Schley, Shinn, Charles NAYS.-Messrs. John Q. Adams, C. Allan, Archer, So the resolution was ordered to lie upon the table. diction over the improvement of harbors as well as rivers; Mr. McKINLEY said that he could not believe the in- The House proceeded to the consideration of the proquiry to be a matter of the slightest importance to the position reported by Mr. MERCER, from the Committee on State of Alabama. Although he did not altogether agree Roads and Canals, to amend the seventy-third standing with some of the opinions of the President in reference to rule, as follows: by inserting after the word "rivers,” the this subject, and though, in some respects, he might agree words "and harbors," so as to give that committee juristo a certain extent with the views of his colleague, yet he could not but consider it as highly indiscreet to go into such an inquiry at this moment. While the State had been annoyed by the Indians, and while there was reason to apprehend that the rights of the State were in danger of being invaded, there might have been some just cause Among which, was one to remit the duties on the capitals of complaint; but now, when every effort had been made of columns imported from Italy, for the use of the Philato remove the Indians, and when there was every prospect delphia Exchange. that the plan would speedily be consummated, of what use Mr. CAMBRELENG doubted the propriety of extendcould it be to pass a resolution of this description-espe- ing the practice on subjects of this kind. The Exchange, cially when, from the temper manifested by his colleague, he believed, was erected by private individuals, and was in the remarks with which he had accompanied the reso- individual property. lution at its presentation, there was reason to apprehend that it would lead only to an angry dispute? What had the House to do with the act of 1807? Nothing. Mr. EVERETT, (in the absence of Mr. BINNEY, who had reported the bill,) explained and advocated the object of the bill. He adverted to the precedent of remitMr. LEWIS, in reply to the remark of Mr. McKINLEY, ting duties on statues imported into New York, for the as to the efforts made by the Government to adjust this use, as he believed, of the New York Exchange. These question by the removal of the Indians, said, that from the capitals were of public value, as models to our own artists: letter he had referred to, it appeared that the question their beauty was so great, that, before they had been sufwas to be settled, not by the removal of the Indians, but fered to leave Italy, plaster casts had been taken from by the sale of the land; and his colleague had misunder-them, both at Florence and Naples. The discussion ended stood him, if he had supposed him to say that it was by in asking leave for the committee to sit again upon this the removal of the Indians. bill. Numerous private bills were then passed through mittee of the Whole, and ordered to a third reading. After which, the House adjourned. SATURDAY, FEBRUARY 15. CASE OF HARDEMAN OWENS. The following resolution, offered on the 14th of January last by Mr. GILMER, of Georgia, coming up for consideration, viz: [H. of R. Com-rangement, which made it necessary that she should be often under the care of others. It was, indeed, difficult to imagine a case better calculated to excite the sympathy of others than that of Mrs. Owens. Her husband killed; a family of small children dependant upon her for sup port; subject, herself, to a most afflicting dispensation of Providence; in a wilderness country, surrounded by sav. ages; without friends; deprived of her property; and driven from her home by an armed soldiery, and turned out upon the world to be sustained by charity! Mr. G. said he "Resolved, That the Secretary of War be directed to owed it to the widow, her children, and their relatives, communicate to this House all correspondence which he (he was, perhaps, under a still higher obligation to the may have had, or other information in his possession, country,) to institute, if possible, through this House, in relation to the death of Hardeman Owens, a citizen of some inquiry into the conduct of those by whom Owens Alabama, who was lately put to death by a party of regu- was put to death. The account which he had scen publar soldiers; whether said Owens was put to death in pur-lished was, that the life of Colonel Owens had been taken suance of orders from the War Department, or any officer by a party of regular soldiers, acting under the immediate of the United States; and that he also communicate to orders of the deputy marshal of the southern district of this House any correspondence which he may have had, Alabama, who, it was alleged, acted under instructions or other information in his possession, in relation to any from the President of the United States. It is scarcely obstructions thrown in the way of the execution of the consistent with the character of our free institutions that process of the courts of Alabama, issued for the purpose the regular army should be employed to enforce the comof bringing to trial those by whom said Owens was killed; mands of the Executive Department, in time of peace, and any correspondence in relation to the removal of said against the life of a citizen. When it is so employed, both prosecutions to the district court of the United States." the law and urgent necessity must unite to justify the act. Mr. GILMER said that he desired to state why he felt Is it not the duty of the House of Representatives, as the it his particular duty to bring before the House, for its grand inquest of the nation, as the guardian of the rights consideration, the subject of the resolution which he had of each of its citizens, to inquire whether the death of Coloffered for its adoption. The friends and relations of Colo-onel Owens can be thus justified; and, if it cannot, that nel Owens were his neighbors and immediate constituents. it take care that the violated laws of the country be amply Colonel Owens was himself a native of the county of Ogle- vindicated? Mr. G. said that he desired to know wheththorpe, in Georgia, the place of Mr. G.'s nativity and er the deputy marshal of Alabama had had any warrant for residence. His grandfather and grandmother were yet the arrest of Colonel Owens; and, if he had, by whom it living in that county, and were most respectable and ex- was given? What was the crime with which Owens was cellent people. Two of the members of the Legislature charged, and the evidence upon which the charge was from the county of Oglethorpe, and the acting sheriff of founded? By the fourth, fifth, and sixth articles of the that county, are his near relations. His father was an of- amendment of the constitution, it is provided that the right ficer during the last war, commanded a company from the of the people to be secure in their persons, houses, pacounty of Oglethorpe, died in the public service in the pers, and effects, against unreasonable searches and seizexpedition against the Creek Indians in 1812, and lies ure, shall not be violated; and no warrant shall issue, but buried in the Creek territory, not very distant from the upon probable cause, supported by oath or affirmation; place of his son's death. Colonel Owens was, in 1830, and particularly describing the place to be searched, and elected by the Legislature of Georgia to survey a part of the persons or things to be seized. No person shall be its public lands, and Mr. G. said he knew that the service held to answer for a capital or otherwise infamous crime, had been well performed. Mr. G. stated that an attempt unless on a presentment or indictment by a grand jury, had been made to remove public odium from those by (except in cases arising in the land or naval forces, or in the whom Colonel Owens was killed, by aspersing his charac- militia, when in actual service, in time of war or public ter. He had been much surprised at the statements he danger;) nor shall any person be subject, for the same ofhad seen upon that subject. Mr. G. said that, during the fence, to be twice put in jeopardy of life or limb; nor shall last summer, he had stopped at the house of Colonel be compelled, in any criminal case, to be a witness against Owens, on his way to Alabama, and also on his return. himself; nor be deprived of life, liberty, or property, withHe had then understood from Colonel Owens that he had out due process of law; nor shall private property be tathe prospect of an exceedingly productive crop; that it ken for public use, without just compensation. In all crimihad been cultivated principally by his Indian neighbors, nal prosecutions the accused shall enjoy the right to a whom he hired for that purpose; and that he had contract- speedy and public trial, by an impartial jury of the State ed for Indian reserves, sufficient to secure for himself a or district wherein the crime shall have been committed, very valuable tract of land. Mr. G. stated that he had which district shall have been previously ascertained by made constant inquiries as to the situation of the Indians, law; and to be informed of the nature and cause of the acand their treatment by the whites; that he had seen Owens cusation; to be confronted with the witnesses against him; in the company of a large number of Indians not very dis- to have compulsory process for obtaining witnesses in his tant from Owens's residence, and that he conversed freely favor, and to have the assistance of counsel for his dewith them, and that he had heard no complaint against fence. Mr. G. said that the constitution would not have him as an intruder. This was a few weeks before he was been adopted, as originally proposed to the States, but for put to death, and near twelve months from his first remo- the strongest assurances upon the part of its friends that val into the Creek territory. Mr. G. stated that, after the these articles, or others of a similar character, would be death of Colonel Owens, he had received a letter from his adopted as amendments to it for the security of the personHe said that it was not his purwidow, requesting him to apply, as her friend, to the Pres-al rights of individuals. ident, for redress for the injury she had sustained; that he pose, at present, to pronounce, upon the death of Colonel had applied to the President, through the Secretary of Owens, whether he was murdered or not; or to assert that War; and that he had received an answer that precluded those by whom he was put to death were guilty of any of even the hope that her complaints would be attended to. fence. The object of the inquiry was to ascertain the Mr. G. stated that Mrs. Owens had a family of children, facts, so that the House might form a correct judgment and was unfortunately subject to occasional mental de-Jupon that subject, and be enabled to determine whether [FEB. 15, 1834. any, and what, further proceedings ought to be had in re- This was, indeed, the first attempt which had been made lation to it. Mr. G. said that the second part of the reso- to enforce the law passed at the last session of Congress, lution called for any information in the possession of the commonly called "the force bill." Mr. G. said that he Secretary of War upon the subject of the obstruction of hoped that the time had arrived when the members of the process of the courts of Alabama, (issued for the pur- this House, and the people of every part of our country, pose of trying those by whom Colonel Owens was killed,) were ready to unite with him in the fervent wish that by the officers of the United States, was immediately con- this may be the last attempt to enforce that act; and nected with the first, and was equally necessary for pre- that this excrescence upon the body politic, which had serving the authority of the laws, if the facts, as they had been thrown out from the exuberant feelings excited by been understood, should prove to be true. The facts the late collision between the General and State Governwere understood to be these: that, upon application being ments, would soon be cut off. It is a most striking fact, made to the commanding officer of Fort Mitchell, (where that, in this effort of the Executive Department to avail the soldiers were stationed who were charged with the itself of the powers conferred upon it by the law alluded murder of Colonel Owens,) for the means of serving writs to, (extraordinary as those powers were,) its authority of subpoena upon the soldiers who were supposed to be had been greatly exceeded, and, indeed, entirely misuncognizant of the circumstances attendant upon Owens's derstood. The Secretary of War, in his letter to Major death, the aid asked for was not given; and that, after a McIntosh, says: "I enclose a copy of the seventh section true bill for murder had been returned by a grand jury of the act of Congress, passed 2d March, 1833, entitled against one of the soldiers, he was suffered to leave the An act further to provide for the collection of duties on garrison and that part of the country, so as to avoid a trial. imports,' which makes ample provision for taking from Mr. G. said that he could not vouch for the correctness of the State tribunals, and carrying before those of the this statement of facts, nor was it necessary, as he had no United States, all persons prosecuted for these proceeddoubt but that the Secretary of War had it in his power ings." Upon examination, the House would find that to answer this point of the inquiry fully. the seventh section of the law referred to, instead of givIf the officers of the regular army stationed at Fort ing the power claimed under it by the Secretary of War, Mitchell had refused to aid, or even neglected to aid, the only authorizes the courts of the United States to disofficers of justice in arresting a soldier under their com- charge by writs of habeas corpus those who might be illemand, charged with the crime of murder, they had them-gally imprisoned for acts done in pursuance of the laws of selves committed a gross violation of the rules and articles the United States. The Executive Department had no of war, as established by law. By the 33d article it is pro-legal power whatever, not even by the force bill, to revided that, when any commissioned officer or soldier shall move prosecutions for crimes pending in the courts of be accused of a capital crime, or of having used violence, the States to the courts of the United States. He would or committed any offence against the person or property not now attempt to show that no department of this Govof any citizen of any of the United States, such as is pun. ernment-not even the Government itself—had any such ishable by the known laws of the land, the commanding power; because it would be foreign to his present purpose. officer or officers of every regiment of troops or company He said that, without going into any discussion whatever to which the person or persons so accused shall belong, of the principles connected with this part of the resoluare hereby required, upon application duly made by, or in tion, he would refer the House to a decision of the subehalf of, the party or parties injured, to use their utmost preme court of New York, which determines the extent endeavors to deliver over such accused person or persons to of the jurisdiction of the State courts over crimes comthe civil magistrates; and likewise to be aiding and assist-mitted within the limits of a State, and not within any ing to the officers of justice in apprehending and securing place ceded by the State to the United States. The title the person or persons so accused, in order to bring him or of the case is the People vs. Godfrey. The principle them to trial. If any commanding officer or officers shall decided in that case is this: "The right of exclusive legiswilfully neglect, or shall refuse, upon the application lation or jurisdiction within the limits of any of the States aforesaid, to deliver over such accused person or persons can be acquired by the United States only by purchase of to the civil magistrate, or to be aiding and assisting to the territory from the States, for the purposes and in the officers of justice in apprehending such person or persons, mode prescribed by the constitution of the United the officer or officers so offending shall be cashiered. States.” Mr. G. said that he felt himself obliged to say The House would at once perceive the importance of the this much in explanation of the resolution which he had information asked for by this part of the resolution. offered. He believed it was only necessary to call the The third clause of the resolution asked of the Secretary attention of the House to the subject embraced within it, of War for the correspondence and the orders which had to satisfy every member of the necessity of some investigabeen given for the removal of the prosecution against tion in relation to it. For the Secretary of War, Mr. G. those by whom Colonel Owens was killed, from the courts expressed great respect. He said that he thought the of Alabama to the district courts of the United States. Mr. Government owed it to itself, as well as to the country, to G. said he held in his hand what purported to be copies make this inquiry. He hoped, whatever may have been of communications from the Secretary of War to the Gover-the conduct of its subordinate officers, that those high in nor of Alabama, to Francis S. Key, Esq.,to Major McIntosh, authority would be found not to have wilfully participated commander at Fort Mitchell, and to Jeremiah Austie, de- in the violation of the rights of the people. Mr. G. said, puty marshal of the United States district court in Alabama. in conclusion, that he considered the subject of great imThese communications show that the Executive De-portance, on account of the principles involved in it; but partment of this Government had appointed a special that he did not feel himself at liberty to discuss those prinagent, with directions to interfere so far with the execu- ciples in the present stage of the investigation. tion of the laws of Alabama, and the appropriate duties of Mr. CLAY, of Alabama, rose to reply; but, before he the Judiciary Department of this Government, as to en- proceeded, called for the reading of an extract from the deavor to remove the prosecution of those charged with message of Governor Gayle to the Legislature of Alaba the murder of Owens from the courts of Alabama, where ma, with a view to show how this entire subject was the prosecution was then pending, to the courts of the viewed at this time by the Government of that State. United States. To control the jurisdiction of a State over The extract having been readpersons charged with the commission of crimes within its limits, was an assumption of a higher power than had yet been exercised by this Government over the States. Mr. S. JONES requested the reading of the correspondence between the Governor and the Secretary of War, and of the letters to the commandant of Fort Mitchell, &c. FEB. 17, 1834.] Warehousing System. [H. OF R It These papers having been read at the Clerk's table- tion of custom-house fees; yet, the gentleman from MasMr. CLAY resumed, and said, that he had had these doc-sachusetts would have the House believe that such a meuments read, in order that the House might judge of the morial pertained to the Committee on Manufactures. necessity or propriety of such a call as was contained in was but a few years since the subject of the tariff itself the resolution. The authorities of the State of Alabama had gone to the jurisdiction of that committee; yet, even manifestly considered the whole matter as settled; and in that case, the committee held but a divided empire, and he could not perceive any practical object to be obtained had the charge of only so much of the tariff subject as imby adopting the resolution. The documents which had mediately related to manufactures. By the act of 1832, been read, had most of them gone the rounds of the all wool and woollens, and all goods of which wool was a newspapers, and the subject was pretty generally under- component part, if the duties on them were not paid withstood. Governor Gayle appeared to be satisfied; and in three months after their arrival, must be sold at auction, the Legislature of Alabama had since passed a law regu- at whatever sacrifice. On the first day of this month there lating this whole matter of intrusion on Indian lands, with had been six hundred and thirty packages of goods in this which the Executive of the United States was satisfied. situation, which must be sacrificed, because the importing The fact had been well known, for months past, that merchants had not the means to pay the duty. prosecutions had been instituted against the deputy marshal, and all others who had been concerned in the death of Owens. Mr. C. said that he had voted for the act of 1832, not because he approved of the law, but with a view to prevent the shedding of blood. According to its provisions, in the It was true that Major McIntosh, the commandant of midst of this time of pressure and distress, (which, thank Fort Mitchell, had at first refused to admit the serving of God! the Government had not created,) the property of the writs; but, on the receipt of instructions from the War merchants must be sacrificed in this manner. Yet, when Department, he had not only permitted the process to be means of relief were proposed, those who had demanded served, but had given every facility to that object. The relief in an imperious tone were the first to turn about case had assumed a character wholly judicial, and this and oppose it. But, could not gentlemen see that, in hall was not the place to investigate matters of a judicial opposing a measure of this kind, they were eventually dokind; nor was it a very high compliment to the courts of ing injury to every manufacturer in the United States; Alabama to suppose that they would surrender the jurisdic- because sales thus forced, however small their amount, tion to any other tribunal. Besides, the resolution was went sensibly to affect the market price. The merchants objectionable in its phraseology: it called on the Secre- of New York did not ask for such a bill as was pending in tary to say whether Owens had been killed by his another House. If it were offered to them, nine out of order." This was not decorous. Seeing no good end ten would reject it. What they asked was, for leave to put to be answered by the inquiry, and as the mover pro- their goods into warehouses; and, when they took them posed, as he understood, no proceedings against the Sec-out, to pay duties, by bonds, at three and six months. He retary of War, he moved to lay the resolution on the table; but withdrew his motion at the request of Mr. LEWIS, who made some observations, strongly protesting against what he conceived to be an attempt to stifle a very proper inquiry. Mr. BEARDSLEY obtained the floor, but yielded it to Mr. GILMER, to allow him to modify the phraseology of the resolution; which having been done, the Chair pronounced Mr. BEARDSLEY entitled to the floor: but the hour having expired, the subject lay over. Mr. S. JONES moved to suspend the rules, to allow the discussion to proceed; but the House refused. Several bills were then read a third time and passed, and the House adjourned. hoped the motion for reconsideration would not prevail. Mr. HUNTINGTON, of Connecticut, observed, that the opposition to this motion came with but an ill grace from the member from New York. Mr. H. had voted against both the bill of 1832 and that of 1833; but that gentleman had voted for both. Mr. H. had not heard the gentleman at that time say that the effect of that bill would be to withdraw from the carrying trade an amount of twenty-nine millions of dollars; or that, within one year, the merchants would be obliged to ask relief in the payment of duties. The gentleman had held no such language at that time. But now he comes to the House with a memorial asking relief. And what was the relief asked? It was, that the whole tariff question might be opened anew, after it had been settled by the act of 1832, and finally arranged by the compromise of 1833. Did the gentleman suppose that those acts could ever have passed the House, if they had contained no provision for the The motion of Mr. ADAMS, of Massachusetts, to recon-payment of cash duties on woollens? But now he asked sider the vote by which a memorial from certain mer- for a warehousing system, under which the duties might chants of New York, praying for the establishment of a remain unpaid for three years. The question was, whewarehousing system, was referred to the Committee of ther this memorial should go to the Committee of Ways Ways and Means, coming up as the question lying over-and Means, or to the Committee on Manufactures. Its Mr. ADAMS briefly stated the reasons which had in-object being to modify an act which had been reported duced him to move for the reconsideration; but, owing from the Committee on Manufactures, and so to modify it to a cold, his voice was so feeble that his remarks were as to take away a great part of the protection at present not audible at the reporters' table. MONDAY, FEBRUARY 17. WAREHOUSING SYSTEM. granted to manufacturers, it seemed plain that it ought to Mr. CAMBRELENG expressed his regret that the first go to the Committee on Manufactures. If the House wished measure which proposed any thing like relief to the mer- to have the whole tariff question opened again, they would cantile interest of the country should be resisted by a vote against the reconsideration; but if they wished this gentleman who usually acted with that part of the House subject to remain undisturbed, then they would reconwhich dwelt upon the necessity of relief to that interest.sider. The gentleman had proposed to take this subject from Mr. CAMBRELENG disclaimed any wish to have the the Committee of Ways and Means, and send it to that tariff discussed, Nor should he press the reference for on Manufactures, with the manifest purpose of destroy- which he had moved, were not the case so urgent as to ing it. The petitioners prayed for no new principle, call for prompt and immediate action. As to the bills but only that an arrangement, which had long existed of 1832 and 1833, to which the gentleman had alluded, he in relation to spirits, should be extended, so as to embrace certainly did not wish to impeach the patriotism of the other species of goods. The memorialists asked for a re- gentleman from Connecticut, nor should he for a moment moval of the restriction on debentures, and for the aboli-think of putting his own importance into the balance with |