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1ST SESS.]

Deuth of Senator Fairfield.

[DECEMBER, 1847.

Mr. Speaker, I am sure no one is disposed to regret the little time I have occupied in endeavoring to give a short and imperfect sketch of the life and character of this justly distinguished man. In a few days more, sir, judging from the signs of the times, this House will be torn by every passion that can conspire to destroy the wisdom of its deliberations and contribute to a country's ruin.

gance. I have sometimes been opposed in these | friends withheld their votes with the kind contests to this extraordinary man. These intention of merely trying the chastening effect occasions never failed to give rise to reflections of a small vote and seeming indifference. But on the wonderful influence by which, apparently few ever doubted that he was the decided without much effort on his part, he controlled favorite of his district; and had every political the action of others. Circumstances conspired, friend of his been impressed with the belief in the commencement of his public life, to give that his vote was necessary, I hazard nothing the subject of my remarks a favorable position in saying he would have been returned by a among his fellow-men. His father, a native of majority of eight hundred votes. Ireland, was one of the earliest settlers in this district. His was the voluntary duty to publish from his pulpit to his various congregations the Declaration of American Independence. As a minister of the Gospel, he had few equals in the powers of a strong native intellect, but few ever enjoyed to the same extent the love and affection of his people, who placed in him that implicit confidence which nothing but an irreproachable life can inspire. For more than fifty years he labored to raise his fellow-men to the same elevated platform on which he stood himself. He lived to an advanced age, exhibiting to the close of his life the rare instance of one who united in himself every human excellence. A few years only have elapsed since he left us. The sun of his evening life long lingered on the horizon, and often would the traveller turn an anxious look to the west, to see how much longer would the mellow rays of that unspotted light fall upon his path. And since it has gone down, a twilight rests over the district, by which we may trace on the tablet of every heart the character of EDWARD DROMGOOLE. The virtues of the father stood as a guarantee for the promises of the son, until his own great abilities changed doubt into assurance, and finally obtained from his country judgment for the attributes of a pure patriot and an able statesman.

I have alluded to the great weight of his opinions with his constituents. The present political position of the country had filled their minds, as it has the minds of all, with the most fearful apprehensions about the future fate of this great Confederacy. From him they expected to learn what might be the probable result of that extraordinary issue between the North and the South, about to be tried at the bar of this House. I have heard his reply to questions that would be asked him about this controversy a reply that should sink deep in the hearts of politicians. It was, that he never doubted there still remained sense and virtue enough in the body of the people to adhere to the compact of their fathers and preserve this Union. The love of this Union was a passion with this distinguished man, and his faith in the continuance and prosperity of this Confederacy was such as no danger or crisis could shake.

The diminished majority by which he was elected to the present Congress would seem, to those at a distance, to indicate that he had lost ground with his party. No fears were ever entertained of his election, and it was well understood in his district, that numbers of his

It may have a salutary effect, and mitigate in some measure the ferocity of the war, to pause awhile, and bend for a short space over the grave of one who, a few months ago, was himself actively engaged in the political conflicts which even then threatened the peace of the country. That voice which was then so often heard above the storm, and never unheeded, is now hushed in death. So must the passions which now disturb the bosoms of his survivors fret their brief hour, and finally subside in the silence of the grave.

What I have said, Mr. Speaker, about this gifted man, was no less due to his own high character and extraordinary qualities, in this House, of which he was so long a distinguished member, than to the deep affection and abiding confidence of his constituents, who believe that his country, like themselves, with a single tear will wash away the remembrance of his faults, while with proud and lofty emotions she may contemplate in his character that "noblest work of God, an honest man."

Mr. M. concluded by moving the following resolutions :

Resolved, That this House deeply regrets the death of the Hon. GEORGE C. DROMGOOLE, a late member of the House from the State of Virginia.

Resolved, That the members and officers of this House will testify their respect for the memory of the deceased by wearing the usual badge of mourning for thirty days.

Resolved, That these resolutions be communicated to the nearest relatives of the deceased.

Resolved, That, as a further mark of respect, this House do now adjourn.

The resolutions were unanimously adopted, and the House adjourned.

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DECEMBER, 1847.]

Thanks to General Scott and the Army.

Mr. HAMMONS rose and said: Mr. Speaker: In raising my voice for the first time in this Hall, it devolves upon me to perform the most painful and melancholy duty of my life.

The Hon. JOHN FAIRFIELD, Senator from Maine, on Friday last, at twelve, meridian, was in the enjoyment of good health, with an unusual flow of spirits, surrounded with honors, and possessed of all the enjoyments that earth can afford; at a quarter before eight of the evening of the same day, he had bid adieu to time, and his pure and manly spirit had returned to Him who gave it.

Most of the morning of that day I spent with him in friendly and social converse; of the evening, in witnessing his poignant sufferings, his struggle with the King of Terrors, and in watching over his lifeless remains.

How sad, how sudden, how_awful the change -a change which even now I can hardly realize!

In the meridian of his life, in the midst of his career of usefulness, and while in the full vigor of his intellect, he has fallen.

[30TH CONG. one of its best and brightest ornaments; and the Senate of the United States of one of its ablest, most upright, and most useful members.

Of the loss to the partner of his bosom, and to the numerous pledges of their affection, it is vain to speak. The blow has fallen upon them with a crushing weight, which no language can portray, and which none but those who have been called to drink of the same bitter cup can conceive. May He "who tempers the wind to the shorn lamb" give them that support and consolation which no earthly power can bestow!

I will close this hasty and very imperfect sketch of my late friend's life and character by moving the adoption of the customary resolutions:

Resolved, That this House has heard with deep sensibility the announcement of the death of the Hon. JOHN FAIRFIELD, a Senator from the State of

Maine.

Resolved, That, as a testimony of respect for the memory of the deceased, the members and officers of this House will wear the usual badge of mourn

Resolved, That the proceedings of this House in relation to the death of the Hon. JOHN Fairfield be communicated to the family of the deceased by

the Clerk.

Governor FAIRFIELD was emphatically a self-ing for thirty days. made man. By his own industry and exertions he acquired an education, studied law, and at an early day took rank among the first of his profession. His fine talents and affable deportment soon arrested public attention; and he was called at an early age, from the enjoyments of private life and domestic happiness, to the performance of arduous and responsible public duties.

His public career, though not long, was brilliant. The office of Reporter of the decisions of the Supreme Court of Maine, two elections as a member of this House, four elections as the chief Executive of his native State, and two elections to the Senate of the United States -all in the brief period of about twelve years -were the rewards of his worthy and generous aspirations.

The complicated and arduous duties of all these high and honorable stations he discharged with faithfulness and distinguished ability, and to the entire satisfaction of those who had elevated him to power.

He possessed in an eminent degree all the elements of popularity, and had doubtless a stronger hold upon the affections of the people of Maine than any other man living. His popularity kept pace with his advancement, and, at the moment of his decease, I have not a doubt he possessed more numerous and devoted friends than at any former period of his life. Unshaken firmness, indomitable perseverance, and a sincerity that knew no guile, were the distinguishing traits of his character. His whole life evinced an unwavering devotion to justice and to the great principles of popular rights.

In his death Maine has lost one of her worthiest and noblest sons-a man whom she delighted to honor; society has been bereft of

of the deceased in a body; and as a further mark Resolved, That this House will attend the funeral of respect for his memory, that it do now adjourn. The House then adjourned.

TUESDAY, December 28.

Thanks to General Scott and Army.

Mr. HUNT, by general consent, gave notice that to-morrow, or on some subsequent day, he would ask leave to introduce the following joint resolutions:

JOINT RESOLUTIONS expressive of the thanks of Congress to Major-General Winfield Scott, and the troops under his command, for their distinguished gallantry and good conduct in the campaign of 1847.

Resolved unanimously, by the Senate and House of Representatives of the United States of America in Congress assembled, That the thanks of Congress be, and they are hereby, presented to Winfield Scott, Major-General commanding in chief the army in Mexico, and through him to the officers and men of the regular and volunteer corp under him, for their uniform gallantry and good conduct, conspicuously displayed at the siege and capture of the city of Vera Cruz and castle of San Juan de Ulua, Cerro Gordo, April 18th; Contreras, San Antonio, March 29, 1847; and in the successive battles of and Churubusco, August 19th and 20th; and for the victories achieved in front of the city of Mexico, September 8th, 11th, 12th, and 13th; and the capture of the metropolis, September 14th, 1847; in which the Mexican troops, greatly superior in numbers, and with every advantage of position, were in every conflict signally defeated by the American arms.

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2. Resolved, That the President of the United States be, and he is hereby, requested to cause to be struck a gold medal, with devices emblematical of the series of brilliant victories achieved by the army, and presented to Major-General Winfield Scott, as a testimony of the high sense entertained by Congress of his valor, skill, and judicious conduct in the memorable campaign of 1847.

3. Resolved, That the President of the United States be requested to cause the foregoing resolutions to be communicated to Major-General Scott in such terms as he may deem best calculated to give effect to the objects thereof.

The notice was entered on the Journal.

MONDAY, January 3, 1848.

Thanks to General Taylor-The War.

Mr. HOUSTON, of Delaware,-previous notice having been given-introduced the following joint resolution of thanks to Major-General Taylor;

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[JANUARY, 1848,

committee; but a member reporting the measure under consideration from a committee, may open and close the debate, provided that where debate is closed by order of the House, any member shall be allowed, in committee, five minutes to explain any amendment he may offer." That was the one-hour rule, as adopted at the present session. The 36th rule of the last Congress, which had also been adopted, provided that "no member shall speak more than once to the same question without leave of the House, unless he be the mover, proposer, or introducer of any matter pending; in which case he shall be permitted to speak in reply, but not until every member choosing to speak shall have spoken." The 133d rule provided for the suspension of the rules and orders for the purpose of going into committee and for discharging a committee from a bill. In addition to this, it was the rule as well as the practice, that debate might be closed by the preto the interpretation which should be given to vious question; and the question now was as

these rules, taken in connection and in harResolved by the Senate and House of Representa- mony with each other. Under the old 36th tives of the United States of America in Congress as- rule, the mover was entitled to speak two sembled, That the thanks of Congress are due, and hours, but he was not to speak for a second they are hereby tendered, to Major-General Zachary hour, until every body desiring to do so had Taylor, and through him to the officers and soldiers spoken once; but what was the proviso to the of the regular army and of the volunteers under his new rule? It was the exclusion of a conclucommand, for their indomitable valor, skill, and good sion. It was intended to apply to debate closed conduct, conspicuously displayed on the 22d and 23d days of February last, in the battle of Buena in Committee of the Whole by order of the House, and excluded the conclusion that the Vista, in defeating a numerous Mexican army, consisting of four times their number, and composed preceding rule had any application to such subof chosen troops, under their favorite commander, ject. It was designed to show that the precedGeneral Santa Anna, and thereby obtaining a vic-ing rule was not to be interpreted as giving to tory over the enemy, which, for its signal and brilliant character, is unsurpassed in the military annals of the world.

Resolved, That the President of the United States be requested to cause to be struck a gold medal, with devices emblematical of this splendid achievement, and presented to Major-General Taylor, as a testimony of the high sense entertained by Congress of his judicious and distinguished conduct on that memorable occasion.

Resolved, That the President of the United States be requested to cause the foregoing resolutions to be communicated to Major-General Taylor in such manner as he may deem best calculated to effect the objects thereof.

FRIDAY, January 7.

The New Rule relating to Debate.
The House resolved itself into Committee
of the Whole on the state of the Union, (Mr.
SMITH, of Indiana, in the chair.)

The CHAIRMAN stated the pending question to be on the appeal.

Mr. SIMS, before voting on the appeal, desired to say a few words. He had found among the catalogue of rules one which provided that "no member shall occupy more than one hour in debate on any question in the House or in

the mover one hour to speak in addition to his opening hour, when debate was closed by order of the House. A member reporting the measure under consideration, may open and close the debate; but his right was to be operated upon by this proviso, otherwise every member who may not have spoken would also have the right to speak one hour. And if the interpretation contended for in committee were sustained, it would also prolong debate for one hour after the previous question had been ordered. After sustaining this position by argument and illustration, he concluded with the expression of a hope that the decision of the chairman would be reversed.

Mr. GREEN, Mr. STUART, of Michigan, Mr. C. J. INGERSOLL, Mr. GENTRY, Mr. RHETT, and Mr. STANTON, also participated in the discussion of the merits of the question involved in the appeal; on which the vote was taken by tellers, and sustained the decision of the Chair by 101

to 73.

So the committee decided that a mover is entitled to speak one hour, or the residue of an hour partly occupied, after the time fixed by an order of the House to terminate debate.

JANUARY, 1848.]

Return of Santa Anna to Mexico.

THURSDAY, January 13.
Return of Santa Anna to Mexico.
The SPEAKER laid before the House the fol-
lowing Message from the President of the
United States:

WASHINGTON, January 12, 1848.
To the House of Representatives

of the United States: I have carefully considered the resolution of the House of Representatives of the 4th instant, requesting the President to communicate to that House any instructions which may have been given to any of the officers of the army or navy of the United States, or other persons, in regard to the return of President General Lopez de Santa Anna, or any other Mexican, to the Republic of Mexico prior or subsequent to the order of the President or Secretary of War, issued in January, 1846, for the march of the army from the Nueces River, across the stupendous deserts' which intervene, to the Rio Grande; that the date of all such instructions, orders, and correspondence be set forth, together with the instructions and orders issued to Mr. Slidell at any time prior or subsequent to his departure for Mexico as Minister Plenipotentiary of the United States to that Republic," requesting the President also to "communicate all the orders and correspondence of the Government in relation to the return of General Paredes."

I transmit herewith reports from the Secretary of State, the Secretary of War, and the Secretary of the Navy, with the documents accompanying the same, which contain all the information in the possession of the Executive which it is deemed compatible with the public interests to communi

cate.

For further information relating to the return of Santa Anna to Mexico, I refer you to my annual message of December 8, 1846. The facts and considerations stated in that message induced the order of the Secretary of the Navy to the commander of our squadron in the Gulf of Mexico, a copy of which is herewith communicated. This order was issued simultaneously with the order to blockade the coasts of Mexico, both bearing date the 13th of May, 1846, the day on which the existence of the war with Mexico was recognized by Congress. It was issued solely upon the views of policy presented in that message, and without any understanding on the subject, direct or indirect, with Santa Anna or any other person.

General Paredes evaded the vigilance of our combined forces by land and sea, and made his way back to Mexico from the exile into which he had been driven, landing at Vera Cruz after that city and the castle of San Juan de Ulua were in our military occupation, as will appear from the accompanying reports and documents.

[30TH CONG. whether, in the opinion of the Executive, who is charged by the constitution with the duty of conducting negotiations with foreign powers, such information, when disclosed, would be prejudicial to It has been a subject the public interest or not. of serious deliberation with me, whether I could, consistently with my constitutional duty, and my sense of the public interests involved and to be affected by it, violate an important principle, always heretofore held sacred by my predecessors, as I should do by a compliance with the request of the House. President Washington, in a message to the House of Representatives of the 30th of March, 1796, declined to comply with a request contained in a resolution of that body, to lay before them a "copy of the instructions to the Minister of the United States who negotiated the treaty with the King of Great Britain," "together with the correspondence and other documents relative to the said treaty, excepting such of the said papers as any existing negotiations may render improper to be disclosed." In assigning his reasons for declining to comply with the call, he declared that "the nature of foreign negotiations requires caution, and their success must often depend on secrecy; and, even when brought to a conclusion, a full disclosure of all the measures, demands, and eventual concessions which may have been proposed or contemplated, would be extremely impolitic; for this might have a pernicious influence in future negotiations, or produce immediate inconveniences, perhaps danger and mischief, in relation to other powers. The necessity of such caution and secrecy was one cogent reason for vesting the power of making treaties in the President, with the advice and consent of the Senate-the principle on which that body was formed confining it to a small number of members. To admit, then, a right in the House of Representatives to demand, and to have, as a matter of course, all the papers respecting a negotiation with a foreign power, would be to establish a dangerous precedent." In that case, the instructions and documents called for, related to a treaty which had been concluded and ratified by the President and the Senate, and the negotiations in relation to it had been terminated. There was an express reservation, too, "excepting" from the call all such papers as related to "any existing negotiations" which it might be improper to disclose. In that case, President Washington deemed it to be a violation of an important principle, the establishment of a "dangerous precedent," and prejudicial to the public interests, to comply with the call of the House. Without, deeming it to be necessary on the present occasion to examine or decide upon the other reasons assigned by him for his refusal to communicate the information requested by the House, the one which is herein recited is in my judgment conclusive in the case under consideration.

The resolution calls for the "instructions and Indeed, the objections to complying with the reorders issued by Mr. Slidell, at any time prior or quest of the House contained in the resolution subsequent to his departure for Mexico, as Minister before me, are much stronger than those which exPlenipotentiary of the United States to that Repub-isted in the case of the resolution in 1796. This lic." The customary and usual reservation contained in calls of either House of Congress upon the Executive for information relating to our intercourse with foreign nations, has been omitted in the resolution before me. The call of the house is unconditional. It is, that the information requested be communicated, and thereby be made public, |

resolution calls for the "instructions and orders to the Minister of the United States to Mexico, which relate to negotiations which have not been terminated, and which may be resumed. The information called for, respects negotiations which the United States offered to open with Mexico immediately preceding the commencement of the ex

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1ST SESS.]

Return of Santa Anna to Mexico.

[JANUARY, 1848.

isting war. The instructions given to the Minister | which I do not profess to belong, [a laugh,]

of the United States relate to the differences between the two countries out of which the war grew, and the terms of adjustment which we were prepared to offer to Mexico in our anxiety to prevent the war. These differences still remain un

settled, and to comply with the call of the House

would be to make public, through that channel, and to communicate to Mexico, now a public enemy engaged in war, information which could not fail to produce serious embarrassment in any future negotiation between the two countries. I have heretofore communicated to Congress all the correspondence of the Minister of the United States to Mexico, which, in the existing state of our relations with that Republic, can, in my judgment, be at this time communicated without serious injury to the public interest.

Entertaining this conviction, and with a sincere desire to furnish any information which may be in possession of the Executive Department, and which either House of Congress may at any time request, I regard it to be my constitutional right and my solemn duty, under the circumstances of this to decline a compliance with the request of the

House contained in their resolution.

case,

JAMES K. POLK.

Mr. ADAMS rose, and spoke briefly as follows:

Mr. Speaker: The state of my voice is such that it is not in my power to make to this House the observations which I should otherwise have felt it my duty to make upon this case. I will state, sir, that the reason why I felt it my duty to take this course is, that I consider it a novel thing, and a thing affecting the rights of this House, and of the constituency of this House-the people of the United States. It denies, sir, as I understand it, the power, the constitutional power of this House to call for that information. I believe it is the first time in the history of this Union that it has been denied. In the case to which the President refers, when a call was made upon President Washington, there was (as the Message now states) an exception for cases which he might think not proper to be inquired into at the time.

Now, sir, the President has not added what was the action of the House upon that; and the action of the House was in direct opposition to the resistance of President Washington to their call. The House formally declared and I wish the Journal might be looked to to see -the House formally declared, against President Washington, their right to call for such information. That was their action; and, as far as I know-although the very memory of Washington, by everybody in this country, at this time, (and by none more than myself,) is reverenced next to worship-the President was wrong in that particular instance, and went too far to deny the power of the House; and as to his reasons, I never thought they were sufficient in that case. And I have always been of the opinion, and most assuredly that has been the opinion of the Democratic party, to

they have unanimously disapproved of that act of President Washington, as interfering with the rights of this House, and of their constituents, the people of the United States.

I say I cannot enter into an argument upon this subject, but I consider it of such importance, that I am certainly indisposed to lay this Message upon the table. I desire it may be printed; that it may go to the whole country; that it may be decided upon by the people as well as by this House. I think this House ought to sustain, in the strongest manner, their right to call for information upon questions in which war and peace are concerned. They ought to maintain their right, and maintain it in a very distinct manner, against this assertion on the part of the President of the United States. Now, I should be perfectly satisfied to refer the Message to the Committee on Foreign Affairs, whatever my feelings may be in respect to their firmness in resisting this claim set up on the part of the President of the United States. If the Committee on Foreign Affairs will take it, and will examine the Constitution of the United States, its principles, the history of the administration of the Government from that time to the present, and will make a report upon it, I shall be satisfied. As to a Select Committee, I shall be perfectly satisfied that a Select Committee should be appointed by the Speaker, instead of referring it to the Committee on Foreign Affairs. And, as a mark of respect to the President of the United States, I should go for a Select Committee, provided that I am not to be a member of it myself.

I therefore myself, in the first place, hope that a Select Committee, of which I shall not be a member, will be appointed; and if that is not in conforinity with the opinion of a majority of this House, that it shall be referred to the Committee on Foreign Affairs. All the Messages of the President are usually referred. I should say much more, sir, if I had the power.

Mr. KING, of Georgia, said he did not propose to discuss this question, or to say five words upon it at this time. He hoped the suggestion of the venerable gentleman from Massachusetts (Mr. ADAMS) would prevail, and that a Select Committee would be appointed, and the honorable gentleman be made the chairman thereof.

Mr. K. rose to make the motion to refer the Message to a Select Committee, if it had not been already made by the gentleman from Massachusetts.

IN SENATE.

FRIDAY, January 21.

The Journal having been read

Ordered, That when the Senate adjourns, it adjourn to meet on Monday.

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