Constitutional Whig

Congress of the U. States.

Congress Proceedings of Saturday.

In The Senate:—Mr. Randolph's resolution proposing to amend the rules so as to restore to the Senate the power of electing its standing Committees, was agreed to.

The resolution having been agreed to—

The Vice President rose and said, he trusted that the Senate would indulge him in making a few observations before he resumed his seat, as the debate on the subject just decided had relation necessarily to the duties of the Chair.

No one more than myself, said the Vice President, can be more deeply impressed with the great truth, that the preservation of rights depends, mainly, on their exercise. That nation deserved to conquer the world, which called its army exercises: and so will the nation deserve that its liberty shall be immortal, which lays the foundation of its system of government on the great principles, that no power ought to be delegated which can be fairly exercised by the constituent body, and that none ought ever to be delegated but to responsible agents. These have been my maxims through the whole of my political life and I should be inconsistent with myself, if I did not give my entire assent to the principles on which the rules in question have been rescinded. I trust, said he, that it never will be the ambition of him whose lot it is now to occupy this Chair, to enlarge its powers. My ambition, I hope, pursues a different direction—not to enlarge powers, but to discharge with industry, fidelity, and firmness, the duties which may be imposed on me. Thus feeling, I shall witness with pleasure the resumption of all the powers which can be properly exercised by the Senate, as they will be then placed, where alone they can be with perfect safety.

From the direction which the debate, in some degree, took, as well as from what has been said without these walls, it becomes on this occasion, proper that I should state, for the information of this body, the construction that the Chair has put on the 6th and 7th rules of the Senate. They are in the following words:

"When a member shall be called to order, he shall sit down, until the President shall have determined whether he is in order or not; and every question of order shall be decided by the President, without debate: but if there be a doubt in his mind, he may call for the sense of the Senate."

"If the member be called to order, for words spoken, the exceptionable words shall immediately be taken down, in writing, that the President may be better enabled to judge of the matter."

The Chair, said the Vice President, has bestowed its most deliberate and anxious attention, by night and day, on the question of the extent of its powers, under a correct construction of these rules, and has settled in the conviction, that the right to call to order, on questions touching the latitude or freedom of debate, belongs exclusively to the members of this body, and to the Chair. The power of the presiding officer on these great points is an appellate power only; and, consequently the duties of the Chair commence when a Senator is called to order by a Senator. Whenever such a call shall be made, the Chair will not be found unprepared to discharge its only functions in such a case— that of deciding on the point of order submitted. What the opinion of the presiding officer is, in relation to the freedom of debate, in this body, it will be time to declare, when a question may be presented; but such as it is, it will be firmly, and I trust I may add, fearlessly maintained. But, I rejoice that the rule of the Senate, on a point so important, gave to the Chair no original power, and that it can exercise no control till called on by the Senate itself. It was right in itself, he said, in strict conformity to the principles which had guided the Senate in the vote just taken—that so high a power should be placed only in the custody of the body. The Vice President said he prided himself on his connection with the Senate; but it was impossible that he should forget, that that connection was created by the operation of the Constitution. In discharging his duty in this seat, it would be unpardonable in him not to recollect, that he was placed in the Chair, not by the voice of the Senate, but by that of the People; and that to them, and not this body, he was ultimately responsible. Standing in the relation he did to the Senate, he had laid it down as an invariable rule to assume no power in the least degree doubtful: and to confine himself to a just but firm exercise of the powers clearly delegated. In conclusion, he tendered to the Senate his sincere acknowledgements, that, in rescinding the rule, such delicate regard had been paid to his feelings in the debate. Ample justice had been done to the industry and fidelity with which he had honestly attempted to discharge his arduous duties.

Deeming himself called on by the debate that had taken place, to say thus much, in explanation, he begged the indulgence of the Senate for having done so; and resumed his seat.

The joint resolution as fixing the 2nd day of May the day of adjournment was read the third time and passed.

The Judiciary Bill from the House of Representatives, was also read a third time and passed.

In The House of Representatives—Mr. Newton, from the Committee on Commerce, reported, without amendment, a bill from the Senate "to equalise the Duties on vessels of the Republic of Colombia, and their cargoes;" which bill was read a third time and passed.

The joint resolution offered yesterday by Mr. Tucker, of South Carolina, proposing to close the present Session of Congress on the 15th of May next, was again taken into consideration, and, after much debate, was amended by striking out the "15th," and inserting the "2d" of May. Thus amended, the resolution was read a third time, passed, and sent to the Senate for concurrence. The resolution yesterday laid on the table by Mr. Cocke of Tennessee—calling on the Secretary of War for information touching the present location of the Florida Indians, with a description of the country in relation to soil and water—was called up for consideration and agreed to.

On motion of Mr. Cocke of Tenn. the time for the meeting of the House, during the remainder of the session was fixed at 10 o'clock, A. M.

A message was received from the President of the United States, transmitting information called for by the House on the 11th instant, the amount of which information was, that the Brazilian government had accepted the invitation to send ministers to the Congress of Panama; and that said ministers had been appointed.

The message was referred to a Committee of the Whole House on the state of the Union, and ordered to be printed.

Mr. Mercer's motion, (laid upon the table, on Thursday last,) for printing 3000 copies of the Map accompanying the report of the Board of Engineers relative to the National Road between Washington and New Orleans—was again taken into consideration, and, after some debate, was agreed to.

The orders of the day were then taken up, and the House resolved itself into a Committee of the Whole on the State of the Union, for the further consideration of the Panama question. Mr. Verplanck of New York, Mr. Carter of South Carolina, and Mr. Weems of Maryland, successively delivered speeches in favor of Mr. McLane's amendment to the resolution reported by the Committee of Foreign Affairs: and on motion of Mr. McLane of Delaware, the Committee rose with leave to sit again, and the House adjourned.

[Phenix Gazette.

We committed a capital error when we stated that the "Judiciary Bill" had passed the Senate without amendment.—Such was the information given us on Saturday; but we since learn that an amendment, sufficiently important in its character to jeopard the final passage of the bill was made by that body. The original Bill provided that the Seventh Judicial Circuit should consist of the Districts of Ohio, Indiana and Illinois—and the Eighth Circuit, of the Districts of Kentucky and Missouri. The amendment of the Senate changes this arrangement—throwing Ohio and Kentucky into the Seventh and Indiana, Illinois, and Missouri into the Eighth Circuit. It is said that the arrangement made by the Senate will render the bill, nearly, if not entirely, inoperative upon Ohio and Kentucky, there being more business in these States than any one Judge can possibly attend to, which circumstance constituted one of the principal grievances intended to be redressed.

—the House of Representatives Putting Off with Ill.
bring the business within the ability of the Judges of the respective Circuits; whereas in the proposed Circuit of Indiana, Illinois, and Missouri, there is not enough business to occupy half the time of a Judge, while in that of Ohio and Kentucky, there is more, as we observed before, than any one Judge can dispose of. The amendment of the Senate also provides that the Judge shall reside in his Circuit; and since it is expected that the President will be governed by the same principle in making the appointments, it may not be out of the way to infer that the votes of many in the Senate were influenced by the consideration that the amendment would exclude Ohio from a participation in the appointments. It will not escape the recollection of the reader, that Mr. McLean of Ohio, now Post Master General, has been long and confidently spoken of as one of the new Judges—But should the amendment of the Senate be adopted, the late appointment of Mr. Trimble of Kentucky, must necessarily defeat the pretensions of Mr. McLean. This we learn, is the wish of the Opposition, and the covert object of the amendment. Why it is so, involves an explanation, which at present, we have not time to make. It is confidently believed that the House will refuse to concur in the amendment, consequently the bill must fall through, unless those members of the Senate who voted for the change, without regard to its political operation, consent to recede—and such we trust, will be the case.

Congress Proceedings of Monday.

In the Senate—Mr. Randolph rose, and said, I rise to ask for an explanation. In my newspaper of this morning, in a report of the proceedings of Saturday last, I find this statement: "And, that the conduct of the Chair might not be impugned by the procedure, Mr. Holmes took occasion to express his satisfaction that the motion had proceeded from an intimate personal friend of the Vice-President, which itself would contradict the presumption, that any conduct of that officer had induced the proposition." Meaning, I presume, my motion to rescind the late rules, and to reinstate the former ones. I certainly, sir, offered the resolution in no such character: neither have I appeared in the character, at any time, of the personal friend or enemy of any gentleman on this floor, with one exception—as the personal friend of one gentleman. I do not think it necessary, sir, to say any thing more in reference to the matter, than that I have no doubt that the gentleman from Maine had grounds, that seemed very good to him, for the allegation that he has been pleased to make—grounds satisfactory to him. I could go on, and say very handsome things, but time as well as propriety requires me only to say that which is necessary—that the gentleman from Maine never had from me any authority to make any such declaration, in reference to myself, nor in reference to any other gentleman whatever. I go for the fact, sir—I am a matter-of-fact man—I said expressly, that as I cast no imputations, so would I make no disclaimers. I don't think it necessary at all to state my motives for action on this floor: and I shall not state them, now or at any time; and, not stating them myself, I cannot consent that they shall be stated for me by another, with whom, however much it may be desired, I am on no such footing of intimacy, or even of acquaintance, as to justify that other in stating my motives for me, or in describing the relations in which it is his pleasure that I shall stand towards any individual, however humble or exalted. Here state another fact: I wish my words to be taken, now and always, such as they are, and for no more; my motives will be judged by my acts. I think I know the use of my tools, and I will not consent that the scalpel shall go beyond the very mark that I have made. In nine cases out of ten, I judge not by what a man says, not by his mere words, but by the tone, the voice, the look, and other circumstances; the mere words are of subordinate consideration. I rise only to say, that I came forward under no such character as that which has been gratuitously imputed to me—and why? I reserve to myself the formation of my own friendships and my own enmities, and I trust that no gentleman will undertake to create for me either the one or the other. In saying this, I can say with the utmost truth, that I mean nothing personally offensive to the gentleman from Maine. I could say, if it were necessary—but why is it necessary?—have we got to this, that no man can act here—can submit a motion without prefacing it or larding it with periphrastical disclaimers of this bad motive, or that bad motive? Can we carry on the machine of Government by no other way than by this fulsome adulation? If I make a motion, let the motion speak for itself. If I utter an argument, let the argument speak. If I declare political hostility to any man on this floor, it may be said—not in the very words of Tacitus—as Latin seems to be the very stumbling block of all our editors, from Maine to Florida, I will therefore give it in English—"they who are false in their friendships, do not feign in their enmities." However much I might desire the friendship of the presiding officer of this House, that relation never has subsisted between that gentleman and myself, personally or politically. I say so to take away that which does not belong to him any more than to me. The presiding officer of the House might not choose to have this thing put on that footing. When I say this, do I declare any personal or political hostility to him? Not at all. We may at last become so extremely astute and diplomatic, as never to see the object before our noses; because we are looking under it, over it, or beyond it, to discover some ulterior or latent meaning. If I had heard the words of the gentleman from Maine—as no man on earth has any authority to create for me friendships or enmities—I should have noticed them: and I presume that they must have been spoken while I had stepped out of the Senate. Before I sit down, permit me to add, in illustration of this subject, an anecdote which I heard lately: A gentleman, remarkable for the beauty and splendor of his domain and establishment, was given to understand, by one of the friends of the King (then Regent,) that it would not be disagreeable to his Majesty to pay a visit to the seat of that gentleman, and examine his fine grounds, and fine pictures, and all the rarities of that unique and sumptuous establishment; to which the other very dryly replied, that he was an English gentleman, and claimed the privilege, as such, of inviting his own company to his own house. I, said Mr. R. claim the privilege of forming my own friendships and enmities, and shall not consent to their being formed for me by any one else. I will not agree that any man shall place me in the relation of friendship to another, however desirable it might be; or that he shall place me in the relation of enmity to any other man, who does not stand in that relation towards me. As regards friendship, I have perhaps my peculiar opinions—
"Friendship, like Love, is but a Name,
Unless to one you stint the flame.
The child, whom many fathers share,
Has seldom felt a father's care:
'Tis thus with Friendship—who depend
On many, rarely find a friend"
Of the truth of this, sir, I can speak in my quality of an orphan boy, left to make my way in the world as I might. Mr. Holmes said he did not consider himself answerable for any thing which appeared in the newspapers of what he said here. He did not know why the gentleman should take up the paper and suppose it had given a correct report of what he said, when it did not profess to report what he said. If the gentleman would look at the paper again, he would see that it did not purport to give the words used by him. The gentleman from Virginia was in his seat, and Mr. H. when I made use of the remark referred to in the newspaper. Mr. R. said he was not, or he should have heard it. He was in his seat, I think, said Mr. H. as he replied to a part of the remarks which I then made, and that it was which produced an explanation of what I did mean. Mr. R. said he never thought it necessary to recur to newspapers. He recollected what he said, which was, that he was pleased that the proposition came from the quarter that it did: for he had understood and believed it was from the personal friend of the Vice President. These were his expressions. Mr. Randolph replied—if the gentleman disavows the words, I have nothing more to say. If he denies the words, there is an end of it. And, sir, while the gentleman was speaking I was absent—I went out while the gentleman was speaking. Let me observe, that I certainly must understand the evidence of my own senses, and what I heard or did not hear, as well as the gentleman from Maine could do for me. This is a further specimen of the gentleman's care of others who do not aspire to his good offices. I did say before, that what I said was offered in no offensive spirit to the gentleman from Maine. I shall not say that again. If once I make an overture of that kind, and it is repelled, I shall not renew it. I go further, sir: I suffer no man to play fast and loose with me. If the gentleman had disavowed his words, that was another affair; but, if that gentleman once plays loose with me, he shall never play fast again with me, that I can assure him. The gentleman's expression of "understanding" and "believing," and all that, has, at this time of day, a very awkward sound in my ear. There is more of caution and circumlocution than comports with that gentleman, in matters of assertion. Who talks of "understanding" and "believing" that one man stands in such a relation to another. I say, unhesitatingly, that I shall trust the notes of the note-taker in a question of that sort, sooner than the memory of the gentleman from Maine. It is a liberty which the gentleman from Maine never had any right to claim, by any sort of relation subsisting between us. I wish it to be so distinctly understood, and I rise here to notice it, because I am determined that it shall be so understood.—Why did not some of my bosom friends undertake to make friendships and enmities for me: They know me better. I have only one favor to ask of the gentleman from Maine—that, in pursuing the line of his duty here, he will permit me to pursue the line of mine, without impinging upon my course—for there is not a member in this body whom I have less disposition to touch, in any way, than the gentleman from Maine. The matter here rested, and the Senate went into the consideration of Executive business.

In the House of Representatives.—After the presentation and disposal of a variety of petitions, a number of reports were made upon private cases. Among these—Mr. Williams from the Committee of Claims to which had been referred the bill from the Senate, entitled "An act for the relief of the citizens of Baltimore;" made a report adverse to the passage of the bill, which was laid on the table. The object of the bill is to make compensation for 24 vessels sunk and consequently destroyed by the Government of the United States, for the defence of that City, during the late war. On motion of Mr. Wright, of Ohio, a Committee was appointed to examine, arrange and report the business necessary to be acted upon during the remainder of the session; classing it in such a manner as to facilitate the expeditious action of the House thereon. On motion of Mr. Taylor of Virginia, the Committee on the Post Office and Post Roads were instructed to inquire into the expediency of establishing a Post Route from Luray, in the County of Shenandoah, State of Virginia, across the Blue Ridge at Milam's Gap, to intersect the post route from Madison Court House, in the same state, to Stanardsville at the Rapidan Meeting House, in the said County of Madison. The amendment, proposed by the Senate, to the bill "further to amend the Judicial System of the United States," was, on motion of Mr. Webster, referred to the Committee on the Judiciary. The orders of the day were next taken up—On motion of Mr. Crowninshield of Massachusetts, the House went into Committee of the Whole on the state of the Union. Mr. Tomlinson in the Chair, and resumed the consideration of the resolution reported by the Committee of Foreign Affairs, relative to the Panama Congress. Mr. McLane of Delaware, delivered his sentiments in support of his restrictive amendment, and in answer to the various objections which had been urged against it by Mr. Webster and other gentlemen. Mr. Forsyth of Georgia, followed, in opposition to the mission; and when he had concluded his remarks, the Committee rose and obtained leave to sit again. The House then adjourned.

[Amer. Gazette.]