University of South Carolina Libraries
e.lscellaneous. REPORT -f the Conamitte8 :on:~4&keal -Rdations op S( -muc& of the Gorne's Message, and the ac C-mopanyinf D:scuinestu, as rel'tes to the con sroversybotzioen Georgia and Maine. - 0 aomittee on 'Federal Relations, tc Whom was referred st) much of the Governor' Message, as relates to the controversy between tie 1ates otGeorgia and V ane, with the ac, companyin& Documents have had the saein under consideration, and beg leave to submi1 the following Report: . In May, 1137. a slave, named Atticns, the property of James Sazurs and Henry Saurs, cstizens of the city of Savannah. in Clntintin county, in -the State of Georgia, was conveyed from ihat State to the State if Maine, by Dan. iel Philb'rook and Edward Kileran, citizew ol the latter State: the former of whom was the Master. and the latter the mate of the schoener Boston, which had recently entered the port of Savannah. On the 16th of Juie, or the same year, information on oath was made before a Magistrate of Chatham county. by James Sa gurs, one of the owners of the slave, that Dan el Philbrook and Edward Killeran "did, on or about .the fourth day of May last, feloniomsly inveigle, steal, take and carry away without the limits of the State of Georgia," the slave Atticus; "that. the said Daniel Philbrook and Edward Killeran have been guilty as the depo neat is informed and believes. of a felony un der the laws of this State," and 'that since the commission of said felony, the satidPhilbrook and Killeran have Bed fromn this State, and are, as he believes, at this time. within the limits of the State of Maine, in the United State.'." A warrant fir the arrost of Philbrook and Kil .eran, was issued by the Magistrate before whoim the miformatioa was inade, on the sa:ime thay, to which, the officer charged with its execution, returned that they were not to be found in the founty of Chatham. On the 21st of the same month, Iis Excellen cy, William Schley, Governor of the State of Georgia, made a demand upon His Excellency, Robert P. Dunlap. Governor of the State of Maine. of Philbrook and Killeran, as fimi'ives from the justice of Georgia. charged of feloni ously inveigling, stealing. taking and carrying away, a slave, and transmitted with his d--ma:id. a copy of the affidavit and warrant, and the re turn, duly authenticated. On the 16th of An - gust, of the saine year. Governor Dutlap ad tressed to Governor Schley, a communmcation, in which he declined to cause the arrest of Phil. brook and Killeran. . In December, 1837, the Legislature of Geor gin, adopted resolutions. declaring the refusal of the Executive of Maine to surrender Philbrook end Killeran, dangerous to the righis of the people of Georgia, and directly aud clearly in violation of the plain letter of the Constitution of the United States: that the State of Georgia became a party to the Federai Constitution no less for the better protection of her own, than the common rights and inter-sts of all, and that when these end. are defeated, she is released! from the obligations of that compact. and it has bec tie ier :411 and her ditty. to provide pro tection for her people in her own wayt that when an indictment should be found against Philbrook and Killeran, the Executive be re quested to renaw the demand for their arrest, and ifthe demand be arain refused by the Exe Putive of Maine. that icony of its risolution be transmitted to the Executive of each State in the Union.to be laid before their resper tive Le gislatures; tha a copy be transumitted to the Pre. gident of the United States. and to tie Senitors and Representatives of Georgia, in Comgtess. to be submitted to that body; and if the Legis lature of Maine. at its next Session, aller thos resolutions should have been forwarded bj the Executive of that State, neglect to redreas the grievance complained of, then. that the Exec-t tive of Georgia announee the ?ane by procla tra'ion, and call a Coivention of 'hr Peo.le. to take into cotsideration t,.e state of the -om monwealth of Georgia, and to devise tie coirie ofi her future policy , and to provide all necessa ry iafeguards for the protection of the rights of her people. O tie 7th of February, 183i, an indictment. char:ging Phi!brook and Kilieran with lt ceiy. in feloniously inveigling, stealing, taking aid carrying away th:- %lave Atticus, was found by the Gran-1 Jury of CLatham county, and on the 27thof April. His Ex -ellency. Giernor Giier. Ine successor of Goveror Scihley, m-,de upon01 Goveirnor Kent, the snace!ss'or of Governor Datn lamp the demnant1 regntestet t v -he Legeslautur! of ticorgia, anmd ic -o-npanied that demand with the copy of thme indictmenlt h'otd .ini the nuo eet-.!ings on which it was founmded, duly ainthen tit-d. On the 25th of Jtmn'. Governor Kent declined to order thme arrest aind surrender reqiuired by the authorities of Geomrgia. Oni 'n 'hkh of Augurst. 1539. Governor Gil mi:r addr--ssed t cmnunicattom:0: ';nvernor Fairfieid. t-: mu.eessor of' Governor Ki.t. de siring to he informned of time action of the Legi. hatuire of Meaine on the subinet of the u esolat~ins of ch-- Legislature ot' Georgia. and received for n-:swer, the procetedinga of thie Leraimeatuire of Ma une. declaring it inexpedienit to legislate on the Entbjr-at, as it is exclusively within time pro vinae of the Executive Department. The second clauwe of time s,'co-iid section of the fonrth article of time Gonattittion of thme U. States provideos "t'sat a person charged in any State wmt.m treason, fciony or other criane who chall flee freom jiustice, and hie foutnd mi anoither State. shall, on demand of the Exe~cttive atn rhoritv of thme State tfrom which -he fled, be do lieedup to be removed ..o the State havinig juri'tdictioni of the critme." . Tae act of C'ongress of 179:3, declares, "that whenever the Executive athority of any State in the- Union or of either of the Territories North-west or' South of the ?iver Ohmi", shall demand atmy person mea fugitive from justice, of the Execuie authority of any such State or Territory to which Reich person shall have fled, .and shall moreover prodnce the copy of an im dictment found, om an affidavit made before a Magistrate of any State or Territory as afore samd.vcharging the person so demanded with 'having committed treason, felony, or other en rime, certified as authentic by the Governor or Chief Magistrate of thme State or.Territory, from which the person so chared -fled, it shallbe the dutof theExecmt.ve authri;y of thme State or Tenitory to wvhich such, person shall have fled. to cause him or her to be arrested and surrenm dered,anmd notice of the arrest to be given to the Executive authority mnakine such demand, or .to the agent of suchl antli'ority appointed to receive the fugitive, and to cause the fugitive to be delivered- to such agent when he a.all .thle code of Georgia, "simple larceny Is tefulonioas taking and carrying away the personal goods of another," and the same - oe provides, tat'-anmy person or persons who shall feloniously take and carry away a slave. shall be punished by imprisonment at hard la bor in thme Penitetntiary, for any time not lesc than three years and- not longer than sever years." In reply to the demand of Governor Schmlej Nis Excellency,Governmor Dunlap, suggests thal Philbmook and Killern visited the city of Sa vannah, sn thme comure of thmeir business as Ma, riers, and returned to their domicil in- Maiii by the custoipary route, and in thme usual time thast they abided at their residence withiiun concealment, and demeaned thmeimelves as tnm suspecting and innocent cituzens., and inuisu that it may well be called ia question wvhethiei snob a co'mrse of tonduettt eatn be regarded ai *fleeing from jUstice, and they as "faigitives,' within thme meaninig of thme Constitution. JA Ma)itis-trather surgeuIed thtan made your zaenige wiU procee t* a hrps exam intion of the-graunds on which the refsal to mntrender the fugitfes, is supposed to be jus tified. The first _1aindtakiihy Governor DiNliap, pssutnes; that the -afidavit submitted to him, does not specify the fact of which the imputed felony is prediea:ed. but merely suggests the coisnmion of a felony, without enabling His Excellency to determine, whether it aimed at the suliversion or the Government, or affected the lire liberty or property of iidividual citi zens, and that there is no specification of dine, place or the manner of its commision. The second ground iN. dat the commission of the larceny, is not positively charged, but that the larceny, is believed by the deponent to have been comnitted; and maintains that such as affidavit would not authorize a Magistrate to issue his warrant of arrest, or justify the de ten tion of an individual for trial. Yourcoammittee cannot well conceive that an allidavit so clear in its specification of the par ticular offence-even with the minuteness with which the statute of .Georgia defines it,-and so direct and positive in charging the alleged fugitiv-s with its perpetration, could have been the subject of mistake or misconception. Its lnguage is positive and explicit, that they "did feloninunily inveigle, steal, take and carry away"thw slave and not that the deponent had been informed, br believed they had done so. The legal propositions insisted on by His Ex cellency. the Governor, in the grounds oi which his refusal is put. appear to your committee to be as untenable,ns the assuneption offact in both, is gratuitous and palpable. All who have the slightest knowledge of Criminal Law, cannot but be aware, that pre cisiona of statement. and piatficularity of aver ment.do not constitute requi.ites of any process or proceeding, that seeks nierely the arrest, or detention of one suspected of crime, but that infonnationon oath that a crime has been actual ly committed, andi that there is cause and proba bilitv of suspectint the party against whom the warrant is prayed is all that is usually, or can be legally, required. Whatever opinion may be entertained of the sufficiency of the affidavit, or of the nature of the objections raised by Governor Dunlap, his successor Gov, Kent, admits, that the grounds of nis predecessor's refusal are removed by the indictment ounutd, a copy of which accompanied the second demand which was made by Gov ernor Gilmer. le admits that the copy of the indictment found, 'for stealing a man alleged to be a slave." as he is pleased to designate the charge. is sutlicient evidence that the alleged fugitives from the justice of Georgia are charged with a crime. but sees no evidence that they are figs tives from justice; and when their arrest is de ded as a right, claim: , 'rthe Executive of Maine, the right to be satistied of the existence of this fact, as (e -if the conditions of the demand. He suggests-a doubt, whether an accusation or charge must not have been made before the flight, to authorize the demand, and fels bit ilttle doubt, that such was the chief intention of those who framed our Eoderal Cuuotitution. Is tae demaad a right? The right of a For. eign State or Kingdom, independent of treaty stipulations to require the surrender, on de mnand, or those who have committed crinmes in another Country. is a proposition, of which iany distinguished writers on public law, nanitain the adirmative. and some with equaI ciaims to consideration,the negative. But what ever may be the right amongst Foreign Nations. all concur that the impolicy of afrording an asylum, and a refuge to fugitives from justice of othor States, is undeniable. It is believed tha: most, if not all Pereign States. that have established commercial relations wids others, have thought tit to provido for their security in this regard. When it shall be remenbered. that our Feder i Government, in its treaty with Great Oritains in 1794. stipulated expresly for this right; that he Constitition or the U,,*J9. -- tended -to form a more perfect Union. establish justice, anl ensure domestic tranquility" be tween cointicuous States; and that-that iastrn ment imperatively declares the fugitive "shall. on demand, be delivernd,''your Committee can not perceive, the propriety. with which the right can be questioned. That the suggestion, whether an accusation or charge should not h'ave been mnadt,baefore the flight of the offender, to authorize the demand. and require tiae surrender, is detitnte of all claim to even plausibility, your Committee will not pmnase to demonstrate. Can. th!ean, the r,-fusal to cause thae arrest and surrender of Philbrook and Kilteran, tinid .;us mitiation in the iauficiency of the testimony. to establish the fact that they had fled from the instice o.f Georgia ? 'Your Commmiee arc of opinion that some evidence- of Is flight shaould accomanty the de mand oif a fugitive froan justie, so that it may 'aper, !hat thu party demnanded, has departed withotut ha~vitng responded to the impuited crime, or endured its punishment an the Btate. w-hoae laws are alleged to have beetn violated, but thaey cannot entertain a doubht, that anerely prima facie evidensce uf the fact. is all that irr any case casn be rqaired, or in most cases could be pro daued. ' nat the flight was with the motive or purpose to evade punishameu or. to eliadu, justice, is a rait thant as suasceptiile of.only pre satanltive proof, anad rarely could be otherwisse, est lishd. than by proof, thnt a crime had been com'titted, and thtat its perpetrator land gone without the limits of the State, having jursdic tion of the office. Baut the affidavit charges thae light ofthaese indaviduals, dirtecly and positive ly, a d receives comnfrmation' from thereturn of the officer. charged with the executtion of thec war'rat.t in the county of Chatam. The Contitttion, and the Act of Congress. in pro viding for the arrest atnd removal of fuagimaves from'jnmstice, intends summnary and ministerial procedings, and does niot contemnplate judicial investigationa for neucertaimment of the lugitives' gailt. The evidlence wvhich shall accoma paty the demand.is prescribed by ahe Supreme Lw. It is ititeuded to show prima facie, that the party is guiltv, thsat there is probable cause to be ieve hiin guilty, auc'h as would upon a warrant jstify his commitment for trial. If thia ho the paurport and effect of the evi dece, ini the form prescribed, it appears to youmr Committee that the righst to dematnd the re moval of a fugitive, is undheaisble..and the duty to cause the arrest and surrender, imperative. Your Commnittee will not hitre. refrain fromt allnsion to a fact which may afford sonme illus tratioan of the course which the Executive anad Legislte Depaartmetst of Maine, huave rien it to puarsue. in respect to the demands which have beena ntade, of the surrender of thme alleged fuitives fromr the justice of Georgia. A fter the r-usal of Governor Dunlap and after the' net ion of the Leszislasture of Georgiaoan the subject, the Legislature of Maine enacted a Law, that when the surrender of a fugitive rrom iustice shall be deantded of the Executive of that State, "and the Govertior shall he satisfied, on investigation of the grounds of such demamnd, and that the samo is madle conformably to law. and ought to be complied with, he shall issue his warrant namler the seal of the State atuthorizing the a gent who shoald snake such demand, either forthwith or at such time a.- shall he deusignasted inthas warratit, to take and transport such offena der to thes line of this Stnte." . That this statute intends by the Executive Departmei.t of Maine, inquiry into thme guilt of the fugitive, and a deteranination of the ex pediency of ordering his surrender whether he e innocent or gutilty, although denanded coni formably to law, its termt, as welhl as its history, may well render probtable. 'Ifthis 'he .its just nterpretation, well inay'-the Governeta of Maine, call thme rightuo demand a fumgitive4'rom jattice, a question.: right omke the demand tnipaired by the statute, it will be perceived, that the warrant ot arrest must be executed by the ageut ofthe State .whose:Chisf quagist -'ies the demand, ani that the Governor ofdaine, may authorize the arresiteither forthwith, or at sucli times, as may be designated in the warrant. The difli :ulties which such agent-would at any time experience, inmnking an arrest, in a -Foreign Jurisdiction, especially with a warrant designa tiug a remote day for is execution. added to the chances of escape which ;t holds out, would, in most cases, make it utterly impracticable However incompatible with the Supreme Law, your Committee may deem this Statute ut Maine, illustrated as it is by the conduct of her Executive Department, they are constrained to regard it, as indicating the settled determina tion of that State, that no citizen of tiers, shall ever answer in a Sonthern tribunal, for an offence againat the right to certain property. to which'her FOLICY aa exp., are most cordi ally hostile. The facilities which tho Federal Constitution affords to citizens of the United States. who are inimical to slavery, of abducting and inveig lingalaves from their ownera. and the temptation to embrace those facilities, which is suggested by such impunity, as the authorities of Maine have provided for her citizens. presents a con juncturg; which the least timid, and the most prudent amongst us, may well deem full of peril to the rights of the Sounth. When the salb guards ofthe Federil Conttitution shall be come ineffectual and illusory, then indeed. the period has arrived, when the States of the South must take care that their citizens sustain no detriment. Let us tell our brethren of the North mildly. but resolutely,- that if they did introduce slavesamongst us against our remon strance, they shal not remove them against our consent, and that whilst we tolerate no im pairment ofour title to our .property, in the IalIs of the FederalLegislature, we will, also. pemit rao State to convert itself into a city of refuge for those who invade it as .felons. Yottr Committee recommend the adoption of the following Resolutions: Reslred, That it in the duty. an well as the right, of any Stae. to insist on the faithful ob servance or the Federal Constitution, by each State in the Union. Resolved, That to defire crimes and felonies within its; jurisdiction, is an incident to the sove reignty ofeach State, and that no other State can question the exercise of that right. Resolred, That to demand the surrender and removalpf fugitives from justice. is,by the Con. stitution, a right;and the arrest and surrender a dutv: that the denial or impairnient of this right, is i'nconsistent with the constitutional obliga tions of a State, and subversive of the peace and good government ofthe other States. Resolved, That the right has. been impaired, if not denied. by the authorities of Maine, and that this State w ill neverconsent, that Iny State shall become an asylum for those who are fugi tives from the justice of other States. Resoleed. That this State will make common canse with any State of this Coufederary, in mintaining its justzights, under the guaranty ti the Coi:stitution'*of the United States; aind hould the obligations of this instrument be dis regarded by those whose duty.it may be, to en force them. it m ill take counsel of its co-States fthis Confederacy, having similar intererts to protect and similar injuries. to redress, in devi sing and adoptinpuch measures, as will main tin, at any hazard, these rights. and that pro perty, which the obligations of the compact of Uinioni-cancelled as they then will be,a&to us have failed to enforce. Resolved. That the Executive of. this State. be requested to transmit to tht Executive of the several States, to be laid before their respretivi. Legislatures, to the President of the Unsite4 Staies, and to ourSenators and Representatives in Congress a copy of die above ~Report, atid f these Resolutions Resolved, That the House do.agree to the (Fenert. Ordered, that it he gept to the Senate or chneiurrence. - orrier T. W. GLOVER Clerk ifeasre ijejresentree. It S.rATa. December 20. 15 . Resolved. That Senate dd conctA. Ordered, it be returned to the House of Representatives. By - er, WILLIAM E. MARTIN Clerk &nate. UNITED STATES SENATE. Jainuu'ry 6, 1840. Mr. Clay, of-Kentuicky,. esented the i memorial -of a comnmittee of tie Ank-rican I Silk Society, prayinit the aid and natron age of' the Gov'ertnineft -tn. printtig and I distributing the journal ifaid soci'ty. In presentiing this memofial M1. Cla yi saidi. whiile I am~ up. I-will.remnark hat, in my opinion,, there is hardly _a prd'uction . in which this country is engaged whichr s more important to he dtly atten'ed to, t this dime than that of silk.. Asten amg rieniural product it is appropriate to all parts of the cotintry. And amnog the r causes which have occasioned theuniex ap1led state of distress from wich no e ptrtiont 'if this wide~ country is (emipi, which has increased, is increasing andI I wishto God I tould see any hop, of its end--at least among the foreigieauses ti of thi,. remanikable state of distres is un- ii questionably thnt of purchiasing a much t< abroadt. Sir we must make moe at o home and bring less from abrosi if we ti would remove the causes of ilisits: and ti this remark is appllicable to our en pro- p dictionis in every form, of A~ricture as n well of fabricationi. And in regar. tn silk tin itself look at the facts. For seve I years fc past the annual amount ol' it brothu into p this couintry has been 812,500.ID, and o one year it rose to $20,000.000; ad this Ii 12,500,000 is for an article whic if any p thing is for tho adornment and aury of a maim, silk is that article. -S Sir, no counitry can long stand. I wvhich 04 the antual itmports exceed the'xports e: some 40 or 50 millions of dollars. And if w I was not ahsotntely piowerlest if mny to friends and myself had any pow in thme pi direction tfahis Government, I mId to- fr morrow impose a duty eqtualtot m axi- w mumtt which the compromise a admtits a that is, '20 per cent. on this imponf$12,- ti 500.000 in silk. I wvould' lay thduiy otn gi silk, and with a view, in psrt, tprevent it a dangerosts excess of revenue, woumld ih distrilute the anual proceeds cue sales til of thie public lands to theStates aseir ownt property, to which they are airly enmi- at tIed; an'd let this fund assist thero liqu'- am date their debts, and to foster tee great se interests which are justly dearn them, og so far as there is now fireedom n tdebt. Si I would imipose this duty on uianmd on m other luxuries, and if the lameare not 'he necessary to the support of thiiovern- fr, ment, I'would distribute the peods of us the lands among the States ulsre en- th iled to them. But we, or at- k I am re not in the condlitioni todo what lye stng- to eted. anid therefore I cannot 'dberwise [, than in ask that this memorialhferred ar to the Cotmmiittee on Manufuewr and t, printed,. . . - - wyl Mr. Calhiotin said: I rise. to-manio inp- It positionl to the motion, but to wia few thi remarks'connected .ith those tdiwhiehn fr are now of chief importance, si hops, ,a no' much more -of this sen Will , pas, before we 'shall go deeply into that aubject. The country is now.at.a point- at ,lieb'it -has-become of-far more iIierest than ever. I bir, I differ in toto from the Senator from Kentucky a% to the causes of distress; and, if I am not mistaken, they are the very opposite ofr what have been suggest ed. To revive the old, the tried .nd con demned American system. wold be ruin ous in every bratich of industry, utnd espe cially the mani-faciuring, agricultural, and cemniercial interests. The distress which he ascribes to the importation of silk, comes from other causet. He looked up. on any measure that wtald, at this tinc, increase the credit of the States so as to enable them to sell more bonds in foreign markets, as positively injurious. We .hip our credit, and bring in goods. I hold the very reverse of what the Senator has indicated as true policf, and I hope for an early opportunity of pointing out that poli cy, and that at an early day we shall look deep into the subject. Mr. Clay. This is a little unusual, to engage inl a discussion on this subject thus before the time. Sir. have I proposed ot suggested -a revival of the tariff further ,than the compromise allows? Not in the slightest degree. I merely proposed a duty on silk,as an article of luxury, en tirely consistent with the compromise. Sir, what was it that I proposed ? It was simply that the maximum duty of the compromise-that is, twenty per cent. -should be imposed on silk, which is in '00 way, incompatible with the com promise. And how can this injure the manufac tures of cotton, ship-building, or any thing else, which are now nearly prostrawed? 'he woollen tnanufaeturer at the North is almost entirely stopped, and that of irot itself is aitong the most languishing. How ran theduty on this'luxury affect either the manufacturers or agriculture of the country? It will benefit them; for it will directly aid the manufacture of silk, and, if raw silk is produced with su-ccss, it be comes a fit object for importation. and it may aid greatly in removing the ruinous excess in the balance of trade, which will eruh us all, umiless the people-cnn rime to teir own relief. And the State debts? Sir, T shol like to know by what right the subject of State debts is so frequently dragged into thi's Senate, and the States are here chided and censured as if under our suipervision. who gives un jurisdiction over them? By what authority haw we the right to say to Pennsylvania, or illinois, or any other State, you are extravagant; you have got into debt; and we will leave you to get ut as you can. Whence is this riahi! Who made it the ihity ofthe Federal Gov P-rtnent to eive lectures to the States on geiting .into this dobt? But those debts have been contracted, and, as the Seoator rron South Carolina says, one eftert of it has been to ,nlarge nur imports, because the means arisine from ih- State hords has been thrown into tle chauttel of com rettrce. Bnt it will be no longer so, for that very means will now become an ob itruction to commerce. But those debts exist, and as ien of honor ntd honesty, hose who ove thtem, mut pay them; and I trust no tntin here % ill be :-o destituie o hotor nod - pirbil. nis to say they.oaght iot to be paid. Tht:v have been con racted, and our .States have received the senefit, and .1 trust atid believe tha -inta Srairn. ,tsl Uuthn "it ne so tost to honfior &nl good faith as not to pay such deit. the debts exist, and in the worst forms. icrause the foreigner is agninst tis, not -s i t whole, but divided into parts, as separate i netnbers of tle Confedoratcy, on whom here is foreign debt; and consequemtly I hreign infinecte. - And what is to he done? The States ' itave here proposed ttothing in eit her beranch' if Congress. Bitt we know stt the ex stence of these debts. antd the distress I ich prevails in these different comunit- I ies; and we know that .taxatioln w-ill be recessary. Sotme of thte Stnteq, right or C frong, ttaveconttra'ted debts to at extent Ahich the pecople emmtnet hear, and if we re not destitnte of all those feelings whichi I tight to belonig to a patrent Governmenr.t, ud whtich, as such, we shouldl cherish, us.e I niaht deepily to sympathize with all these ti iflerings. r Well, and what suggestion did I make ? C Vas it to assumse tese -debts? No, sir, o, sir- Bunt we are in possession of an "~ nplortant fundt, which, of riaht, belongs r i the States. The. States have no power a f imposing duties on imports to relieve ti temselves. Andi what unas my sugges- ti ont? Theo dets rxist, andt must lhe paid, Pt rincipal atd itnterest; anid my suagge-stion PI 'as,s that we should give up what belongs 0 the States, or, at least, do whtat we catn a ir them, bty imnpositng dnties on articles Jt iurely of-luxury, atid give the Slates their P an property, the proceeds of thte pubhlic a nds, which wotild of itself he stfic-ient ro 01 y the interest on atdebit oif $00000,000 h d I believe the whole amount of the is tnte debits is not mtucht nsore thtan $100,. It )0,000. Butt I have beetn drawrn imto an tI chibition of these views on ati occasion~ " hich I hnd no: itttended it. I merely meant make some suggestions appropinte on. .a! eseutinge a metmorial.,..,Thte Settator ol am S'-uth C'arolina thought fit to express., M hat is not at all extrarinitary itat there isi total difference of opinion between us on g' is stubject. Btut he misstated me itn re- al ird to the tariff, and I therefore thotughtt et my tlnty to say- what I have done tin a at point; nndl I trust thtis will serve with (V e Senate as my apolocy. Mr. Calhoun:. I will tnt enter into the ** gument, bitt merely say, by way of comn ent on the Setnator's remtarks, that his heme tn regard to the pttblic lands, is 5e of the modifications for asoutting the ate debts: and, in my opinion, it is thte N~ nst nnicontstitutional atnd ruinons that can se imaginted. .But I trust the Setiator w m Tennessee [Mr. Grittdy,] will give at an opportunity son to enter fully into loi at sublject-(alindling to the expected is port on Mr. hienton's resoluitions adverse wv the asmumption of debtshy the Rta:es.) en is timne to act, and. in tny opition, wve pr e at the point wshere the Atmerican Sys- wv n was atdoptd-the revival- if uih~ch gr mId be followed tv -incAlculable injutry. gr im ready to meet that point, and to show m al the whole system is the reverie ofour tib ee poliev. Mr. Clay. The. gnteniman onnes to i ai assumptian of the gtare debts. .Why. sir,..the proposition warmade long before any state was in debt, or, if any, only for a trifling sum; and the gentleman says this ik an assumption of the State debts! But how? Uin %'hat grounds did I make my proposition? We are in possession of a funid belonging to the States, held it trust soleley for their benefit; and I said we *.uglt ow to distribute its proceeds among :he States. And the gentleman says.this is at assumption of the State debts! Sir how is it so? And whose is this property? It will go to the States that owe no debt; and if those States receive it,they get bely what they are etlitled to. In respect to the American System. I stam ready to engage in the discussion on that subject; but when I do so, I hope the honorable Senator from South Carolina will remember the part he took in 1816, as the originator of that system; and that I was then his humble follower on that Subject, and for years after% ards; and I believe the country is now fifty years a. head of what it would have been but thr that system; and iWit hnd not been for that system, we should be now in the state we were before the Revolution, when there was no paper nor uore currency, except as tobacco and other -articles of trade were used us a medium. I shall then be ready to show that do mestic causes produced the greater portion of the dstress in which the country. is in volved; but of foreigu causes; the main one has been that we produce too little at home, ani send for too much abroad: and I believe the imports are enlarged not merely by the want of duty on luxuries, but the liet of free articles is inore than a a ttoiety of the whole imports of the country. Mr. Grundy said, without intending to declare any opinion on the merits of the debate in which the gentleman who pre ceeded hint had engaged, be expressed the hope that the subject of the assumption of State debts by the General Government would not be worn out before it came properly before the Senate. The Select Comnmittec to which that matter had been referred, would, in a few days make a re port, in which all the questions connected t ith the subject would fie presented, fully and fairly, for the action of the Senate, und every Senator would have art oppor tunity of presenting his sentiments on them. The memorial was then referred to the Committee on AsManufacttres. Correspondence of 11e (harlestox Courter. WAsINoTo, Jan. 24, The passage of the Sub-Treasury bill in the Senate, is the subject on much con gratulatiou aottng the- iriends of the ad ntinistration here.- The effict of the tait sure on tle currency is probably exaggers Led bolth by its friends.nnt its toes; but it %%ill certainly tend to restrain the issues of the local-banks,'as they will be frequently called on for specie by those who hate payments to make to the governnent. It is very certain that it will pass the House. It has never been doubted by aty one till withi a clay or two; but now it appears that the Whigs will not allow it to go by default, and that they itill take the chan res of some dissenttion among its friends ii regard io its details, to defeat it. But op tosition to it from the Whigs may only erve te unrit is frands. . Mir. But hanon presented a memorial ront P.-unsylvania to-day, prayintg Col Ere.s tip impose a duty on foreign silk. ; r. 11. made some more remarks in sup. tort of the objects of the metmorial-the nrotectiosn ofi the domestic fhriet the dis ouragerl ent of thte enormotus foreign iml tortations; and the incroase of the reven -*. Silk i, now free of duty, and ie it ists that it will tnor viotlato the crompro eise act te) raise the duty to twenty per ent. ad vlorcm. The amount whtich we anvereatnually paid for silks for four years n.t. is from ten to troenty fotr- millions a ear-a great deal exceeeding the export f flour withi, that perned. Mr. B. statedi s Gctt Thompbon did in thte Hotuse. thte ther day, tat there would be a deficiency a the reventte for the present year: and ist, befo're thte endi of t his secssion, ('on. ress would hsavo to proide more meansI Smeet that deficit. The memeorial was eferredl. The Senate spcent sotme time in secutive business. Itn he House. M r. Petrikett, of Pa., gave ttice. of his intetntion to introducee a bill toa 'peal the act allowing irotn purchased for ud actualiy laid otn rail rotads, to be impor -d duty free. This may lte looked upon as h te comemencement or thte renewed tariff' alic~y. The cry will sooit be for protectiont, rotectiotn: ane!,next. for~ the asstpton , rthesrate debts. Mr. Bynum restumed tel cenctudedl hit, lotng speech on the sub. a et of ahitlition, and he endeavored to tI move the idetity of thte Whigs with the ti iolitionists. In dintg this, hte tripped a tee; fintding hik own ..ame recorded as r tvina: voted itt 1836. with the abolition-r ts. But he decided, amidst an uproar ofa tghter,ont all sides of the H-ouse, that it ere.mtust he some mistake abtout it as Itet oatd never have voted in that way. . Mr. B. in the. course of his remarks, ludedl to Mr. Peck, of N. Y., as an abo itionist. Mr. Peek. replied that lie had id what was nttt true. Mr. Hvnncm saidl; "you :are a black card an'd a scountdret; a negro and an onlietonist." After some time spent in sdeavoring, without success, teo procure retraction of- the' language from both Pmhers, the Hottse acljeurned. Mur. Bvnum, however, made an aprotgy far as the Houtse wvas concerned. Correpondenrce of the Chearleston Courier. Ak - WasNnGToN, JIan 27. of In thte Senate to-d1ay, Mr. Webster a ,d bi r. Taeltnadge appteared and took their ti ras-heoth of tkrem looking retmarkably th :.ll. TIhe subject of the establishtment of m Bloure of Claims wa taken utp. anid a he 'g dehate took place ott it4 Mr. Calhoun to sn ardent opponet of this inensure. It di ts brought forward some years ago, in nsequence of the great acecumulation of ivate claims upon the governmnent,which pr 're brought before Congress It is a- b sed thtatjustice mtust be denied to the of 'at body of claitnants,- or their. elaims se ust be referred to another tributnatlbrde. tht 'ton. . CI Mr. Wright. from the Commntttee Ott. Bi naces, reported a bill to allow the Ves- H' of E Sthillin's Church., in Charleunan. ba SOth Carolina, te impetan'Orgs, -re ofduty.. In the House, some house were spent in the consideration, of a resolution, pro viding for the execution of the priating of the louse. There i6no printer at present, Ihe House not having yet gone into the election. Finally, an order was passed that, until the House otherwise ordered, the printing should be given out by the Clerk to those persons who would exe. cute it at the least-expense io the United States. This resoltion will secure the. printing tothe Globe, as they can do it cheaper than any other establishment.. Is lact, there are bet two establishments that can execute-it in proper tirie-the Globe's nd the idelligetcer's. and the former having the.Senate printing and being in full operation, can do it-" at the least ex. pense to the United States." So much for the cud uf this printingqestion, which has created so much eciement here. Air. Jones reported the general appre. priation bill to-day, The special order was taken up, vila the bdoption of the rules aud.orders as a nsended-the question sitill on General Thomson's anendmeut, for'the exclusion. of abolition petitions. Mr. Win. Cost Johnson resumed his very excellent speech on the subject, clearly showing that, mnder the Constitution, these petitions cold not be received; and that the House, by agha. ling. the subject of abolition, -hade itself a party to the treason of the abolitionists' Harrisburg is now the scene of very in. liortant movements. Great interests ia felt in the course whicli the Legislatureor 'ennsylvania may take in relation to the. lank of the United States, and her other Banks. Should they he required to re. sune specie payments, very soon some of them must go to the wall. Correspondence of the Southe Patriot, HOUSE OF :REPRESENTATIVES. TUEsDAY, Jan.21, 1840. As soon as ihe journal had been read, Mr. Proffit asked the indulgence of the House to submit a resolution calling upow the Secretary of War, for information a* to whether Bull Dogs and Blood Hounds had been ordered for the.Florida Cam paign. What object Mr. P. could have in sub mitting this resolution, I cannot conceive. He and his party are continually raving at the alleged impotency of the Secretary; and yet they are ever on the watch to pounce upon him on the least apparent deviation froni the usual mode of warfare. They say, that he alone is responsible for the failure, and yet they are constantly in termeddling t'ith his plans. The first business in order,.was the res. olution of Mr. Thotiip-.on. denying the ricghtof the reception of Abolition papers. Mr. Garland, of Va., being entitled to tbe floor. replied at some length to the re narks of Mr. Slade. Mr. Butler, of S. C., followed, and is some very pointed remarks, pinced Mr. Slade and his associates, in -their true po. lition. He said that gentlemen were mis n;'ken-in supposiag the issue was on the right of petition, the true issue is either tinion or dis-union and the moment that (ongress should legislate on Slavery, hat nomtent the Union would be practic illy dissolved. Mr B. contended that the teople of the North were ignorant of the rue nature of afiturs in the Sutth. He issured them that ifrthe Southirn Institu. ions were not-suffered to exist as ihey are, lie life of every white man and wonaa ould be endangered. Mr. II, nid.e some remarks, shewing %by lie and his party of the South, sup. red the Admini-itration. They (lid so ecause the lresideut was now an advocqte 1the mteantres for whlich~lhey co:Ytended. Ir. lE. .alluded to the dluioeus -policy of eneral Harrison, and proved that in 633. that individual declared tlbal -he was rilling that the whole surplus revenue hould lie applied to tuniversal emncnipa in. Also, that 1836 Gen. Harrison re used to say whether he was an abolition. t or not. He adduced many other proofs fthe Aholition pirincipi.es or Harrison, bieb could tnot lbe denied, and asserted, ~at sincc the Harrisbutrg nomination, a ner had been written, asking him to de te his.'poisition nu that subject, lbnt the eneral refused to answer. - Yes," said Ir. 1l.." lie know~s bietter than to atnswer." iconclusion, M r. B. said, it had been iserted that liriso.. was now an actual ember of atn Abolition Society. After te e~rpose I wonder if the Whigs will stilt ave the as,.uran~ce to denty that Harrisom an Aholitioniust. Mr. Drmjrioole ohjected to the Resoln. nnof M r. Thomp'son, and on'red a sub. itute thierefuor, the object of n' hieh was to oid the direct questioti of reception, and ar all Ahiohition papers should be laid on ie table withotit any qtiestion beintg raied, ad that -thev be laid on the table without adinig or h'eitng printed. Mr. Thompson obseried that a few days ~o, on this motion, a Resolutiotn of a sim. ir import had beenlaihdon thetable, he icrefore cotntended that it was not in or ~r to renew that Resolution in another rm. A long debate then arose on 'the point order, after whuech. the Resolution of r. Dromigoole was decided out of order a vote of 99 to 98. Mr. Adams then submitted an ameud. Vi to the Resoltition of Mr. Thompson. ividintg that no petition should be reject. without a majority of votes; and that special reasons for its rejectioni, should entered on thte j-uirnal. The Hotuse thetn immediately adjourned. ortality of Mobil.-The whole 'mber intermuents in the city crave yard in Mo [e for the past year is 998. Thte larges't nhler of dtenths occurred in Septe~mber; smallest in March. During the threa nths of September, October and Novemi ralone, more thbain two-thirds of the death ik place-resulting from the fatal epi, talc of last season. The-Knoxville Regstersays the thei r n sented in the Legislature of' Teenessee Gen. .Jacobs, to provide8 ft ant unio9 the L. C. & Charlotoe aned ltwas'-. hitail Road Companies, and tot amestd Charters of said Onmpaninesl 'he arter of IbA Soauth Weuiern. Rail Road iuk, was indet~nltely postponded is she' uns. ofRepresentineson the 13th sia, a vote of to 34.