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2D SESS.]

Explanatory-General Jackson and Colonel Benton.

[MARCH, 1847.

Niles, Rusk, Sevier, Soulé, Sturgeon, Turney, West- | him, by letting him suppose that it was necescott, and Yulee-29.

NAYS.-Messrs. Archer, Badger, Berrien, Cameron, Cilley, John M. Clayton, Corwin, Crittenden, Davis, Dayton, Evans, Greene, Huntington, Jarnagin, Johnson of Maryland, Mangum, Miller, Morehead, Pearce, Phelps, Simmons, Upham, Webster, and Woodbridge-24.

The bill was then read a third time and passed.

The Senate adjourned at twenty minutes past one o'clock, A. M

TUESDAY, March 2.

Personal and Explanatory-General Jackson and Senator Benton.

sary for him to disavow the infamous use that
had been made of his name-infamous, when
those who had endeavored to destroy him, had
the audacity to quote him-and to quote him
falsely-against his faithful defender against
their attacks. It was at the close of his life
that his friend, Major William B. Lewis, carried
him an affectionate message, to which he re-
sponded, on a dying bed, with the deep feeling
and cordial justice which belonged to his ex-
alted character. The words which he then
spoke, faithfully preserved and transcribed, by
the hand of an amanuensis, have been trans-
ferred to the heart of his old friend, where they
will live while that heart beats, and which
should find a place on the stone which should
cover it when cold. "Tell the Colonel I thank
him for his kind recollection of me in my old
age and sore afflictions. He is not only a
statesmen, but a patriot, and has done his
country service. He gave my Administration
efficient support, for which I am grateful.-
Thank him in my name for his kind and affec-
* "1 Such were the words of
tionate message.*
Jackson! worthy of his great soul! worthy of

[After his opposition to the ratification of the
Texas annexation treaty, 1844, the party chagrined
by that rejection, threw all the blame of it upon
Senator Benton, using General Jackson's name to call
him a traitor, who had deserted to the Whigs; and
accounting for it by attributing it to the loss of his
senses in being blown up in the explosion of the great❘
gun on board the steam frigate Princeton, February,
1844. Having produced one of these publications,
Senator Benton read it, for the purpose of doing given, and is here inserted entire:
justice to General Jackson, and showing what was
attributed to him was a heartless calumny upon
him.]

The whole letter from Major Lewis deserves to be

"FAIRFIELD, March 4, 1846. "MY DEAR COLONEL: I will thank you to hand or send the enclosed to our friend John C. Rives.

"When I last saw you in Washington, it was the day before you proposed leaving for St. Louis, and, as I was inaking arrangements also to return to my residence in the

Mr. BENTON said a strange scene was then pre- vicinity of Nashville, you desired me, should General Jacksented. General Jackson was quoted against him affectionate regards, and to say to him, that nothing would son be living, to present to him your kindest and most in every form and shape directed in the letter. give you so much pleasure as to be able to shake him once more by the hand. On my arrival I found him still living, Traitor-Whig-Clay man--Mexican--British-thanks to a kind Providence, and he continued to live for deserter-enemy to the country-lost his senses a week after. I got to Nashville on Sunday, the first day since he was blown up in the explosion of the of June last, and on Monday morning, after an early breakfast, I mounted my horse, and rode up to the Hermitage. steam-frigate Princeton: such were the strings I found the good old general sitting up in a large arm-chair, upon which they harped, and all in the service and Mr. Healy engaged in painting his likeness for Louis of two men, (Messrs. Tyler and Calhoun,) who Philippe. Though feeble and much emaciated, yet his voice was clear and firm, and his mind as bright and vigorous as were pursuing General Jackson to an infamous it ever was at any period of his life. I remained at the condemnation, when he, (Mr. B.,) almost Hermitage the greater part of two days, and had much conversation with him in relation to matters appertaining to "solitary and alone," was defending him against both the past and present time, and was astonished to find the combined attacks of the whole Whig phal- how perfectly he recollected every thing, particularly such as related to his Administration, from the most important, anx and their allies from the Democracy. He down to the smallest and most trivial matters. He inquired had answered nothing to these hirelings. He after many old friends, and among them yourself, desiring to know when I had seen you last, and how you were. looked forward to the day when he was to turn told him that I had seen you but a few days before I left upon their masters, and that day has now come. Washington, and that you were well, and, at the same time, He had not even made known to General Jack-delivered to him your message. He was evidently much son the infamous use to which they had prosti-affected when I repeated what you had desired me to say to tuted his name. If he had, he well knew the generous soul of Jackson would have revolted at their conduct. But he said nothing. Proud, erect, silent, scornful, he let the dogs bark on! trusting to the people of Missouri to bear him harmless through the attack, and to a just Providence to bring a day of retribution upon the true assailants. He had not been deceived in either dependence. The people of Missouri saved him in 1844: Providence had given a day of retaliation now in 1847. It was not until it was all over that he had said any thing to General Jackson, and then not to humiliate

him. After a short pause, he said: I thank the colonel for his kind recollection of me in my old age and sore afflic tions; it would give me great pleasure to see him once more, but that, I fear, is impossible, as my life is rapidly drawing to a close. Here he again paused, and then added:

The colonel is not only an able and distinguished statesman, but a warm and sincere patriot, and his country is under great obligations to him. I feel grateful for the able and efficient support he gave to me during the whole of my remember me to him, and thank him, in my name, for his Administration, and I beg you, when next you see him, to kind and affectionate message. These, I believe, my dear sir, are his precise words; for, as they were spoken with much

feeling and in a deep and solemn tone of voice, they made an impression on my mind that can never be effaced: and, as life is uncertain, it may never be in my power to repeat

to you, in person, the remarks of the general when I delivered to him your message, or to comply with his injunction at their close, I cannot, therefore, permit this opportunity to

MARCH, 1847.]

Expulsion of Mr. Ritchie from the Floor of the Senate.

[29TH CONG,

his great heart! worthy of his whole life! Yet | friend and associate of Madison and Jefferson, it was into HIS mouth that hirelings were in- | ignominiously from this chamber. But it was structed to put the words traitor-deserter- not alone against that man, who for forty years and every opprobrious epithet, even to an impious taunt upon a providential calamity-and apply them to Benton! But God is just, and truth is powerful, and will prevail; and Jackson and Benton stand unhurt in the face of the world, while the assailants, and their employers, hide their heads.

Expulsion of Mr. Ritchie from the Floor of the Senate.

Mr. BENTON had listened with some surprise to the lecture which the Senator from Virginia had read to him. Lately, on a recent occasion, he had been absent on account of sickness, but he found that for three days consecutively the business of the Senate had been obstructed by the discussion of a resolution against Messrs. Ritchie & Heiss, or against Mr. Ritchie alone. During the whole of that time, the business of the session was thrown aside, and from the lecture which the Senator from Virginia had read to him, he should be led to suppose that that Senator was not here, or that he fought against it manfully. The Senator says nothing.

Mr. ARCHER said that he took no part in the discussion referred to until just before the decision, and then he did not occupy more than ten minutes.

Mr. BENTON Continued. The Senator from Alabama (Mr. BAGBY) was here three days, ready to proceed with his remarks on an important question then pending before the Senate; but it was thrown aside by the discussion on the resolution to expel the editor of the Union. Now, how did the Senator from Virginia vote on that matter? How did he vote on the motions to stave off the business, and to pursue old Father Ritchie? That is the rub. If he voted to put aside the important business of the session for such a purpose, he had no right to read such a lecture as they had just heard from him. The Senator from Virginia would have to purge himself of that before he could come here as a lecturer against a waste of time. The proceedings of the three days to which he had referred, were the worst three days' work that had ever been done here. This, he supposed, would come in for the worst one day's work. The Senator from Virginia, and his friends, had spent three days to oppress a gentleman who was of the race of men such as Madison and Jefferson, and their compeers, with whom Mr. Ritchie was a contemporary and friend.

Having been reproached for consuming the time of the Senate in resisting such a motion as this, he took the opportunity to call the attention of the American people to the combination for the expulsion of Mr. Ritchie, the

pass without doing so. I consider it due not only to you,

but to the memory of the illustrious dead.

"With my best wishes, I beg you to believe me, my dear sir, very truly yours.

W. B. LEWIS. "To Col. THOMAS H. BENTON, Washington."

|

had been the champion of Democracy and of the Republican party. The war went beyond him, though he might experience the fate of Mr. Van Buren, after his rejection on this floor. He hoped the Republican party would notice the alarm given, and be true to the cause against outrage and oppression. The expulsion of Mr. Ritchie went beyond the man: it reached the cause the sacred cause of Democracy, attacked in his person; and he saw "the sign of an omen," as a good friend of his was accustomed to say of bad signs, in this covert design to get $18,000 of public money to start a new press, the week after the editor of the Daily Union was expelled the chamber, and, as far as such a vote went, discredited and stigmatized. The two events came together-the expulsion of one, and a grab at public money for the other in marvellous close conjunction. The two should be contemplated as a unit!

Mr. B. intimated his intention to call for the reading of the reports which had heretofore been made on the subject of employing reporters for this body.

Mr. ARCHER received in the best part the courtesies of the Senator from Missouri; but in regard to the agency he had in the resolu tion to which the Senator had referred, as causing a protracted debate, he begged to remark that it originated on the other side of the chamber. Mr. A. said he sat in quietude during that discussion for reasons personal to himself-not that he was not moved, but he did not wish to express any harsh opinions, if it could be avoided, on the resolution to exclude a man from the Senate chamber who had shown himself unworthy of their courtesies. He was desirous not to let his tongue utter what his heart dictated. He had no agency in bringing the resolution before the Senate, nor would he have counselled it, for he believed the article and the author were beneath the notice of the Senate. But when the question was addressed to them whether they would maintain their dignity, who could say that the expulsion which had been resolved on was not merited? The Senator from Missouri had spoken of the editor of the Union as the champion of the Republican party. Now he¡(Mr. A.) was as much a Republican as any man, but he was no Democrat. It was Republican party " in Virginia, but it was "Democratic party" in Missouri; and the very last thing he wished to be called was a Democrat. The Senator from Missouri said they were waging war against Democracy. Yes, he hoped he should ever wage war against Democracy-unappeasable war-for he looked upon Democracy as the worst enemy to our Republican institutions-worse even than monarchy. He abhorred Democracy as the worst form of tyranny. If the Senator from Missouri wished to do him honor-and he knew the Senator

66

2D SESS.]

Expulsion of Mr. Ritchie from the Floor of the Senate.

from Missouri had no unkind feelings towards him-he would say, there goes a fast undeviating enemy of Democracy.

[MARCH, 1847.

Mr. ARCHER. And I avowed myself of the same opinion.

Mr. BUTLER Continued. He had applied to the friends of Mr. Ritchie, all round, and they repudiated the idea of such a committee. They

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Mr. BENTON replied most amicably to the courteous part of the Senator's (Mr. ARCHER'S) remarks. He felicitated himself on five-treated it with more than indifference. They and-twenty years of most agreeable personal and parliamentary intercourse with that Senator, and wished him all honor and felicity, and especially the felicity of being yet surrounded with a charming posterity, even to the third generation. He looked upon him (Mr. ARCHER) | as the beau ideal of an old Virginia gentleman, and who would lack nothing to the felicitous termination of an honorable and courteous life but that charming family group, to enliven and adorn his hospitable parlor, and to sweeten and embellish the evening of his days, and of all which there was yet no room to despair. But that was not the point nor the rub in this case. The point was as to the loss of three days' precious time, in pursuing old Father Ritchie, to the neglect of the public business! The Senator says he did not speak ten minutes. But did he not vote ten minutes to stave off the business? That is the rub. For one thing he must return sincere thanks to the gentleman -was in harmony with his courteous character: he says he will wage peaceable war on the Democracy

Mr. ARCHER. Unappeasable, not peaceable. Mr. BENTON, [laughingly.] Ah, then they were to have an "unappeasable" war against Democracy, and a "peaceable war against Mexico.

absolutely proscribed, denounced, and refused it. He really would have been satisfied if Mr. Ritchie would have done any thing that would have enabled him to escape. But if Mr. Ritchie would not do that, he would say with Juvenal, nulla vestigia retrorsum. Mr. Ritchie assumed to be another Cromwell, who came down to the Long Parliament, and to one said, "Sir, you are a hypocrite; " to another, "You are a traitor; " and to another, "You are a liar; and to another, "You are not a gentleman." Mr. Ritchie, though he did not claim the right to enter the Long Parliament and say it, claimed the right to do it through his paper; and though he was admitted to this floor by courtesy, he asserted that the Senate had no jurisdiction over him. He went so far as to deny the right of this body to raise a committee to hear him, and now he was seeking refuge under the liberty of the press, and the Senator from Missouri identified him with Jefferson and Madison to give him impunity for his course. Mr. B. had no enmity against the old gentleman; but when he heard this liberty of the press spoken of in such a connection, he had felt it to be his duty to define what he meant. When this matter was first spoken of, he heard nothing of these political schemes that were now so current, nor of any invasion of the freedom of the press; and he thought the whole thing would be soon understood.

The

Mr. BUTLER rose to take no part in the colloquy between the Senators from Missouri and Virginia, but he intended to set the matter Mr. NILES said here was a struggle between right respecting the editor of the Union, for he two divisions of the Senate-a large majority found that he was attempted to be shielded on the one side and a determined minority on under the liberty of the press. Mr. B. then the other-on a matter which, on the face of narrated the circumstances attending the ex- it, was of very little importance to the republic, pulsion of Mr. Ritchie, to whom, he said, he whether looking to the domestic policy or the had been sincerely disposed to offer a safety-relations which were disturbed by war. valve. He was anxious that the whole matter should be referred to a committee, before whom he might appear and make some explanation, or apology, or any thing that would be satisfactory to the Senate. Mr. B. had no personal feelings in the case, for they would be the last feelings he would indulge. He would, under any such circumstances, rather play the part of the sacrifice than the butcher. But it would be recollected that he was rebuked by the Senator from Virginia for desiring to take the course which he suggested. For thirty years he had pursued the course of condemning no man unheard, and if he had been placed on the committee which he proposed, as chairman, and, perhaps, according to parliamentary usage he should have been, if Mr. Ritchie had appeared before him, and shown that the article was published without his knowledge and approbation, Mr. B. would have permitted him to escape.

Senator from Virginia, (Mr. ARCHER,) who was about to leave the Senate, appeared to consider that he had had the revision of the courtesies of the Senate. How, then, they should get along without him he was at a loss to conjecture. There was, however, some courtesy due to his brother Senators-to those who, for acting with the Senator from Missouri, he had called recreants, and charged on them the obstruction of the public business. Mr. N. had concurred with the Senator from Missouri by calling for the yeas and nays, and voting on the amendments, because he thought they were very proper. He had acted in some measure with a view to defeat this measure. And if the Senator from Missouri, and those who had acted with him in sustaining his amendments, had acted with singular pertinacity, those on the other side had been equally pertinacious in obstructing the business of the session. And was there nothing due to the strong convictions

MARCH, 1847.]

Expulsion of Mr. Ritchie from the Floor of the Senate.

[29TH CONG.

If there were any appropriation bills that it was now desired to pass, he would give way. If not, he should go on, and he should sustain the Senator from Missouri as long as his inventive genius would enable him to prepare

[Mr. WEBSTER, and others: Very well, go on.] He would go on, and like a great man now no more, he would "take the responsibility."

He contended that the last few days of a session were not the proper time to bring for ward such a proposition, even if it was free from suspicion. He recapitulated his objections to it, and then made some remarks in reply to the Senator from Virginia, (Mr. ARCHER,) who seemed to think that there was no republican principle in our Government.

Mr. CALHOUN rose to say that he had no agency in getting up this matter, further than his favorable opinion of it. But still, if he thought any press had any connection with it, he would be the last man to give it his vote.

of a minority-of those who believe this meas- | they all were, and we should then find out in ure to be wrong-who believe it to be some- whose interest this paper was. thing more than it is on its face? Were they to be told that this subject must take precedence, although it had undergone no examination, and thereby hazard all the business before them? There were important principles involved in this proposition. If there was noth-amendments. ing more than appeared on the face of it, it was a new and important principle to introduce into this body. What was it? Was it not the creation of new officers to this body? Was it not to take into their own hands the jurisdiction over and the direction and control of, the publication of the proceedings of this body? And has this ever been done? Had it ever been considered part of the duty of the Senate of the United States? Was it not taking away a common right of the people to write and publish what they please? If they sent out reports to the people, would those reports go out as the only true account of their proceedings? To carry out that view, they should restrain even other reporters and letter-writers, and not let their proceedings be seen until they were sent in that shape in which they intended Mr. R. JOHNSON gave notice of an amendment them to be seen. And was not this a great to prevent the publication of any political matprinciple? He thought this looked like inter-ter with these reports. fering with the liberty of speech and of the press. And further: they were creating a new branch of expenditure for the two Houses of Congress. He did not say that this objection ought to be fatal; but the subject was one of such great importance as to require more consideration than could be given to it in these hasty proceedings. But this was not all. There was more than a suspicion that there is something behind this proposition; that it was a scheme connected with political objects; that the contingent fund of the Senate was, under cover of this proposition, to be used to establish a press to support he knew not what interest. He was satisfied there was something here more deeply interesting to those who sustain it, than merely the changing of the mode of reporting their proceedings. This looked like the first step in the drama of the opening campaign, and he denounced it as such, whoever was concerned in it. He was not willing to lend the contingent fund of the Senate for such a purpose. He had heard of some such design to build up a press before.

Mr. R. JOHNSON inquired if the Senator from Connecticut meant to say that he designed to establish a political press under cover of this resolution?

Mr. NILES. Not at all. He did not suppose the Senator from Maryland knew any thing

about it. But he nevertheless believed the thing was well understood by others. We are but two years from a presidential election, and there were several candidates understood to be in the field.

Mr. BUTLER. Will you name them?

Mr. NILES did not profess to know them. We should find out when the time came who |

Mr. BENTON said that was good as far as it went; but they all knew how easily frauds might be committed and a political press established.

Mr. HANNEGAN suggested an amendment to prohibit all connection with the party press. The question was then taken on the pending amendment, and it was negatived-yeas 17, nays 27.

Mr. BENTON moved to amend the amendment, by adding, "Nor shall any part of the money hereby voted be employed in the purchase, establishment, or support of any political newspaper, or magazine, or political periodical of any kind: and if any part of said money is so applied, it shall be deemed a fraud upon this resolution, and shall vacate the contract;" and demanded the yeas and nays thereon.

The amendment to the amendment was disagreed to, as follows:

YEAS.-Messrs. Ashley, Bagby, Benton, Bright, Cameron, Dickinson, Dix, Fairfield, Houston, Mason, Niles, Sevier, Sturgeon, Turney, and West

cott-15.

NAYS.-Messrs. Archer, Badger, Berrien, Butler, Calhoun, Chalmers, Cilley, John M. Clayton, Corwin, Crittenden, Davis, Evans, Greene, Hannegan, Huntington, Jarnagin, Johnson of Maryland, Johnson of Louisiana, Mangum, Miller, Morehead, Pearce, Simmons, Upham, Webster, Woodbridge, and Yulee -27.

The amendment as submitted by Mr. JOHNSON, of Maryland, was then agreed to.

Mr. BENTON moved to amend, by adding the following:

Provided, That the resolution expelling Thomas Ritchie from the floor of the Senate be, and the same is hereby, rescinded, and that the Daily Union,

2D SESS.]

Three Million Loan Bill-The Wilmot Proviso.

and the editors thereof, be held and deemed to be on an equal footing, and have equal privileges with other editors and papers for printing the debates of the Senate, any thing in said rescinded resolution to the contrary notwithstanding."

Mr. BENTON said he offered this to produce harmony.

Mr. R. JOHNSON asked if the amendment was in order.

The VICE PRESIDENT decided that it was. Mr. BENTON had no doubt that it was in order. The resolution giving to this Dr. Houston-why called Doctor he knew not-still less why he was borne upon our Journal with a title, when no other person ever was-not even General Jackson, whom our Journal always calls Mr.-why this Dr. Houston was thus entitled and thus recorded he knew not; but supposed the aforesaid Doctor did, as it was believed he wrote the resolution himself which the Senator from Indiana offered; but if he was correctly informed, to be critically accurate, the said title of Doctor should have a prefix to it: this said resolution directed this Doctor to furnish copies of his reports to the principal newspapers in the United States; and unless the resolution expelling Mr. Ritchie was rescinded, he might, in the opinion of this Doctor, not be a fit person to receive that distinction at his hands.

Mr. BUTLER inquired of the Senator from Missouri, as the representative of the editor of the Union, if he was to come to this floor, and repeat his slander just as he thought proper? If Mr. Ritchie would not retract his insulting remarks against Senators-nulla vestigia retrorsum; and thereupon, Mr. BUTLER facing round to Mr. BENTON, repeated his questions to him.

Mr. BENTON said the editor of the Union had answered for himself in his daily paper; and as for himself, (Mr. B.,) he only answered interrogatories in writing, before commissioners in chancery, or under a dedimus potestatem, to take depositions. But if the Senator would write down his questions, he would write down his answers; and they would make up a case for the consideration and judgment of the Senate and the people.

Mr. BUTLER. I can soon do it. Mr. BENTON remarked that this was not a court of chancery.

Mr. BUTLER. No; it is a court of honor. Mr. BENTON. Oh, no; we have nothing to do with honor here. It is justice only that we want-the justice of putting the organ of the Democratic party on the same footing as the other presses here. This would be done by the adoption of his amendment.

Mr. CASS said he had taken no part in this discussion. When the subject was first introduced he was in favor of it. He thought it might be a plan that might be acceptable. It was a subject in which the country had a deep interest; but suggestions had been made which induced him to doubt its propriety. He would

[MARCH, 1847.

not vote for any proposition which was subject to the objections which had been enumerated. Mr. BENTON said this amendment was a peace offering. It was submitted to produce harmony. It was the right hand of fellowship at the winding up of an ugly debate.

Mr. WESTCOTT called for a division of the amendment. The latter part he thought perfectly unnecessary, for Mr. Ritchie had now the same privileges as were enjoyed by the press generally.

Mr. HUNTINGTON contended that it was indivisible.

After debate the amendment was disagreed to-yeas 18, nays 26.

Mr. BENTON said they were voting away this money when there was not a shilling in the contingent fund.

Mr. WEBSTER called for the third reading now.

Mr. BENTON objected.

So the third reading was postponed until to-morrow, under the parliamentary law.

HOUSE OF REPRESENTATIVES.

WEDNESDAY, March 3.

Three Million Loan Bill-The Wilmot
Proviso.

The House resolved itself into Committee of

the Whole on the state of the Union, (Mr. COBB in the chair,) and took up the three million bill as it passed the Senate.

clause generally known as the Wilmot proviso,

Mr. WILMOT moved to add to the bill the

in the following words:

"Provided, That there shall be neither slavery nor involuntary servitude in any territory on the continent of America, which shall hereafter be acquired by or annexed to the United States by virwhatever, except for crimes, whereof the party tue of this appropriation, or in any other manner shall have been duly convicted: Provided always, That every person escaping into such territory from whom labor or service is lawfully claimed in any one of the United States, such fugitive may be lawfully claimed and conveyed out of said territory to the power claiming his or her labor or ser

vice."

Mr. GRAHAM moved to amend Mr. WILMOT'S proviso by striking out all after "provided," and inserting

"If any territory be acquired by the United States from Mexico, the Missouri compromise line of 36° 30' shall be extended direct to the Pacific Ocean; that is, slavery shall be prohibited north of that line and allowed south of it.”

Disagreed to-ayes 64, noes 96.

The question recurred on the proviso moved by Mr. WILMOT, and it was agreed to-ayes 90, noes 80.

The committee then rose and reported the

bill.

Mr. RATHBUN moved the previous question, which was seconded; and the main question

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