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J TO THE PUBLIC. Appendix?(concluded.) The fourth fifth witnesses on this point on Charles King and Reverdy Johnson, introduced b< Mr. Cley himself, who certify, at his request, as fol j lows, to wit: STATEMENT. On Friday, 23d February, 1838,'going down aboul 5 o'clock to the parlor, which I with a part of my family and some friends from New York occupied al Gadsby's, and where was then assembling a party of gentlemen whom we had invited to dinner, t met oe the staircase Mr. Graves, who, as well as Mr. Wise, were to be of the party. To my question where Mr- Wise was, Mr. G. said he was not coming, and then informed me that a challenge had passed between himself and Mr. Cilley, that it had been accepted, that Mr. Wise was arranging the preliminaries, and that both desired to be excused from dining with us. Mr. Graves then went away. 1 was really shocked at what he had told me ; for, although had heard rumors that, at the request of Mr. Webb, of New York, Mr. Graves had called on Mr. Cilley for explanation of language used by that gentlemen in allusion to Mr. Webb, I had also heard and certainly believed the matter was adjusted. T .t ? trwvlr Mp Wfthh A ill UUCC, UU CIJU71 Hlg UIC panui, ? * aside and stated what bad passed between Mr. Graves and myself. Mr. Webb appeared greatly surprised l,U * ami distressed, and at once said the meeting must be ' prevented. He beckoned to Mr. Reverdy Johnson, one of our guests, and the matter having been exr plained to him, it was agreed that Mr. Johnson and myself should immediately call on Mr. Clay, and ask his assistance to arrest the hostile proceedings. We immediately went to Mr. Clay's lodgings, and there found Mr. Graves seated with him. 1 expressed my gratification at the circumstance, and commenced explaining the object of our visit, when Mr. Graves rose to leave the room, saying, as he went out, that he could permit no interference with any thing that touched his honor. Mr. Johnson and myself then represented to Mr. Clay, in the strongest manner we could, the enormity of permitting two gentlemen to fight in a quarrel that aid not concern them, and appealed to him, not less as a friend of Mr. Graves tnan out of regard to Mr. Webb?who, we told him, felt that it would be the deepest wrong and injury to him that others should peril life in his cause?to aid us in arresting the duel. Mr. Clay replied in substance that he saw how he was situated. Mr. Graves had consulted him. He ought not, he said, to have been consulted ; but having been, the honor of his friend, who was the challenger, might be compromised by any advance on his (Mr. Clay's^ part to arrest the progress of the affair. He either snowed to or explained to us the correspondence of the challenge and acceptance, and the terms, fcc., and assured us that the meeting could not take place the next day, as Mr. Graves had no rifie, and that next morning we could have enough time for interference, if we chose to interfere. It was now past six o'clock in the evening, and we left Mr. Clay, saying we would keep him advised of our proceedings. Mr. Johnson and myself then went to Mr. Wise's lodgings, in the hope of ascertaining his views qs f r\ the* nnaaiKilifv nf on aminaKle ar) iiistmont nf the quarrel. He was out. We left either a note or our names, with a message that we would call again at 8 o'clock. We did call again at the hour, but without finding Mr. Wise. Hardly knowing what step to take next, after a good deal of discussion, and relying upon the belief that the meeting would not take place the next day, we determined to wait for the morning. At an early hour on Saturday, I was aroused from my bed by Mr. Webb, who told me he had certain information that Messrs. Graves and Cilley had gone out, and conjuring me to aid him in preventing any catastrophe. X dressed in all haste, and went to arouse >lr. Johnson from his bed, and both proceeded at once to Mr. Clay's lodgings. That gentleman was not yet up, but, upon bearing our names, desired us to come into his bedroom. When informed that the parties had gone out, he declared it impassible, and sent his servant instantly fur Mr. Graves. The answer was, that Mr. Graves had gone by the early traia to Baltimore. The same answer was returned in regard to Messrs. Crittenden and Menefee, who also boarded in the same house. This made it clear that Mr. Graves and his friends had gone out, the alleged trip to Balti-nore being merely a cover. Mr. Clay seemed greatly distressed and perplexed, and after some consultation as to the best mode of yet preventing the duel, if possible?for which he seemed as earnest as we wers~bs *ugg??ud that Gen. Mercer f qr Mr. Key, or both, should be seen without delay.? , f I immediately left his apartment, jumped into a hack, and rode to Gen. Mercer's lodgings, near the Capitol. Gen. Mercer instantly entered into my views, and declared himself ready to go forthwith before a magistrate, either of Virginia or Maryland?for it was supposed the parties would go out of the District? and take out a writ, which he would himself accompany the officer and see served. The first thing, therefore, was to ascertain, if possible, the route taken by the parties. I was about to start on the inquiry, when Mr. Waddy Thompson, of South Carolina, came in. The matter was explained 10 him, 1 think, bv Gen. Mercer, and he at once declared there | was no' reason for such a duel, and that he would himself, if he could find them, go to the ground anc insist there should be no fight. He then got into th< carriage with me- I left him at one of the boarding houses, where he expected to obtain some informs tion. 1 on my part called at several places with thi same view. All effort was unavailing, and the resul is known. I did not see Mr. Johnson again that morn ing, and never, to my recollection, spoke with Mr : . Clay afterwards in relation to the duel. CHAS. KING. New York, Febuary 4, 1842. I have carefully examined the statement of Mr Charles King, transmitted to me in his letter of th< 4th instant, and, at his suggestion, give my recollec tion of the circumstances to which it refers. Ever thing preceding our two interviews with Mr. Clay and occurring at those interviews, is perfectly fresl in my memory, and, with a few immaterial particu lars which I will mention, is precisely such as detail ed by Mr. King. First. At neither interview were we shown th< written challenge and acceptance, or the terms of th< duel, but had them explained to i ts only by Mr. Clay Second. In the morning after the first interview was not originally aroused from my bed by Mr. King as is his recollection, but when sent for by him wa hurriedly preparing to leave my chamber in conse quence of having, some minutes before, received i note from Mr. W ise, enclosing me a letter addresse< to the gentleman inviting him, apologising for not at tending a public dinner to take place that evening a the Eutaw House, in Baltimore, and where severs members of Congress, including Mr. Graves as wel as himself, were expected. The note to me state* that the matter of which he said I was aware?mean ing, as I understood, the duel between Messrs. Grave and Cilley?called Mr. Graves and himself at one from Washington, and made it impossible for either t< be in Baltimore. Although it did not inform me tha the meeting was to take place that day, 1 so inferred and resolved immediately on seeing Mr. King, am with him to use every effort we could to avoid a cat as trophe which we thought was, upon every account, much to be deprecated. As soon as we met, we wen at once to Mr. Clay's lodgings, and what took plac there is, according to my recollection, set forth by Mi 1 < K. with perfect accuracy. Mr. Clay's surprise a discovering that the duel was, in all probability, to oc cur that day, was evidently as great as ours had been * and his desire to arrest it manifestly as sincere an< t ardent as ours. To say nothing of his manne throughout the interview, this was most abundantl; proveti by (be meant he adviaed us to pursue. Third. Mr. K. did not, aa he seems to think, gi L' alone to Qen. Mercei, but was accompanied by me and we continued together during the meeting, an< until Mr. K. and Gen. Thompson atarted in the car nage together in the further prosecution of the effor in which we had been engaged. My further partici pat ion in the matter here terminated, aa 1 waa com pelled to go the Supreme Court, then about to meei to conclude the argument I had commenced there th v' day before, in the mandamus case of Kendall t>< Stockton ft Stokes. Nor did I again see Mr. K. thi evening in Washington?we met that night in thi city. It may be proper to add, that, from the perio referred to to the present time, the occurrences allude to have n< v?r been the subject of c nveraation Ik R tween Mr. Clay and myaell. J REVERDY JOHNSON, f Baltimore, February 7, IS42. f These two witnesses establish ? [ 1st. That ab ml b or l> o'clock, <>n Friday, the '23.1 the jay before the duel, they went to Mr. Clay's roou to get hi.o to interpose io prevent the duel. k 2<t. I h it then and theietli.y lound "Mr. Grave Sraie-i a i.b htin " 3 I. i'nat >hey comment ed explaining ihe object o their vimt in tlie pr? sence both ol Mr. Clay and Mi t j Gr??es 4>ti Mr. K ng says ihd Mr. Clay then and ther "tithtr thvueii to or txptaintci to ua the corretpon dt.i.c4, il.e riiulleiiife, and acceptance, and the termi, Al and Mr John?at says, "at neither intervis"' weri we t iuitn ihe written challeoge and . ccepiaucs, o] i _____ the term of the duel, bat had them explained to us only by Mr. Clay" That, then, Mr. CUy at that iui? knew the term, dtc. 5th. When three gentlemen appealed to Mr. Clay to arreet the duel, he "replied in aubetance that they ? aaw how h* was situated. Mr. Gaavaa nan conr auutso him. Hi could not therefore interpose, be oauae he might compromit the honor of hi* friend who bad consultod with him. It waa not, then, becauae he waa deceived at all, but becauae be knew too uiuch about the affair, to inform theoivil authorities, t The second issue. I* Mr. Graves's recollection, as r published by Mr. Clay, in his letter of the 16th of I February, in the Intelligencer of the 26th of Februar ry, 1842, correct I t Error 1.?Addressing Mr. Clay, he says: "From the commencement of the difficulty between Mr. Cil! ley and myself, up to the time 1 sent him the chal. lenge, I do not recollect that I mentioned it to you or any other colleague or friend, except Mr. Menefee and Mr. Wise." And, again he says : " 1 do not recollect naming the subject to you until the morning before the meeting, wheu I called at your room, I think in company with Mr. Wise, pnd exhibited to you the correspondence, and perhaps detailed to you the circumstances of the affair." Now, I will observe, and I wish it remembered, that this was published by Mr. Clay, in a letter to him in answer to a letter from him ; and, without note or comment of correction, it was put forth by him, of course, as correct, and was in fact a statement by him, (Mr. Clay,) by direct implication, as well as by Mr. Graves. As a statement of Mr. Gravel'i recollection merely, I do not mean to dispute it; but is it correct in fact, and did Mr. Olav Irnnar it tn Kp rnrrppt r?r in correct when be published it ? Upon this point I introduce as the only witness, at present, Mr. Clay himself. February the 25th, 1842, the day this letter of Mr. Graves appeared in the National Intelligencer, 1 addressed to Mr. Clay the following letter, to wit: Washington, February 25, 1842. Sir : I enclose to you an editorial from the " Weekly Courier and New York Enquirer," edited by James Watson Webb, of the 12th inst. In response, I presume, to the call upon you contained in this piece to " give publicity to the testimony" therein referred to, you have, in this morning's Intelligencer, published a letter from W. J. Graves, Esq., accompanied by statements of Charles King and Reverdy Johnson. Now, sir, I most respectfully inquire of you, 1st. Whether by your publication in the Intelligencer of these statements, in connexion with the editorial referred to, you mean to give countenance to the imputation contained in this editorial, that I ever deceived you, either as to the time or place of the meeting between Messrs. Graves andCilley? 2d. Whether you were so deceived by me or my associates, as therein charged? And, if by them, who of them ? 3d. Were you not fully informed the day before hand of all the terms prescribed by Mr. Cilley for that meeting, and did you not advise their adoption ? 4th. Did you not draw the form of the challenge which I bore for Mr. Graves to Mr. Cilley on the morning of Friday, the 23d day of February, 1838 ? 5th. Had you before that day, the 23d, betn advised with by Mr. Graves and his friends as to his correspondence and his course preliminary to the challenge, and was your advice not followed ? I trust you will fully perceive the propriety, and necessity even, of these inquiries, and that your own sense oi honor will appreciate the justice to me of candid and full answers to them. I am, sir, with all due consideration, yours, most respectfully, HENRY A. WISE. Hon. Henrt Clat, Washington. [The following memorandum was made by Dr. Linn, of Missouri: " I was aaked to take thia letter to Mr. Clay last night, but waited for a copy to l>e made by Mr. Wiae, which is furnished to-day. "L. F. LINN. " Washington, February 26, 1842." On the 2d of March, Dr. Linn handed to me the following answer from Mr. Clay, to wit: Washington, Feb. 28, 1842. Sir: The Hon. Mr. Linn, of the Senate, on Saturday night last delivered to me an open letter from you, under date the 25th inatant, propounding certain inquiries to me relative to the unhappy affair between Messrs. Graves and Cilley. Before I proceed to return a more specific answer to your note, I must recall to your recollection certain circumstances which have occurred during the present session of Congress. Some week* ago. and nripr to any allusion to the unfortunate duel made in the House of Represents lives by Mr. Adams and yourselt, 1 waa informed that a letter written from this city had appeared in the New York Herald, charging me with having instigated and caused the duel, and with having prepaied the challenge which led to it. Prior, also, to that allusion, it was currently whispered about in this city that I occas oned the duel and prepared the challenge. The naked fact of my having prepared the challenge, suppressing the attending circumstances, and especially the motive of an amicable adjustment, which induced me to propose the modification, was thus brought before the public. Now, you, Mr. Graves, and 1, were only present when I proposed that modification. Not for a moment could I believe that he furnished the fact of the challenge to the writer of the letter to the New York Herald. I did not ; and my conclusion was not unreasonable that you did. When the subject was adverted to by Mr. Adams and you in the House of Representatives, and you staled that the preliminaries had been arranged by another, without mentioning my name, the previous circumstances were such as to fix attention on me, and you were as distinctly understood to refer to me as if my name had been expressly designated. Afterwards, a long and elaborate exposition, professing to give all the circumstances of the affair, appeared in the Madisonian, which was believed to have ? been your production, or to have been prepared with - your assistance or sanction. In that exposition, the y design is clearly manifested to transfer the responsibility of the duel to me, the terms of the challenge are j recited, and by a call of the public attention to what . is denominated its " ear-marks," an insinuation is . made of my being its author?a design as unfounded in respect to me as it is unjust towards Mr. Graves; t as if I, without an earthly motive, should force him B into a duel contrary to his own deliberate judgment. During all these proceedings, without any appeal to 1 you, I remained passive and silent, suffering under conscious injustice, but abiding in undoubted config dence that in this, as in other instances, truth would . ultimately triumph. s I applied to Charles King, Esq., for a statement of j what bad occurred in two interviews in my room be_ tween him, Reverdy Johnson, Esq., and myself. Mr. t King came to me as the friend of Col. Webb; and 1 although, being the friend of Mr. Graves, I could not I invoke the authority of the police to prevent the duel, j I informed him that I thought no such obstacle applied to him, and that he might with entire propriety cause g the parties to be arrested. I therefore recoinmunded ? the police to be called out, and for that purpose ad0 vised him to confei with General Mercer and F. S. t Key, gentlemen that I knew would promptly lend 1 their aid to prevent the duel. Mr. King accordingly j made a statement, forwarded it to R. Johnson, Esq., _ who added his own, without my solicitation, and 0 transmitted both to me. t I enclosed to Mr. Graves a most false and malig' nant attack upon me in regard to the affair, which ap . peared I think, in the Boston Jfost; and he, in conseI quence, addressed to me the letter bearing date the . 16th instant. Those two statements and his letter I handed to j the Editors of the National Intelligencer for publicar tion, not, as you suppose, in response to any call made . by Col. Webb upon me, (for, although he might have known ofthe two statements, he could not atN. York, ? on the 12th of February, have known of a lettor of , Mr. Graves bearing date the 16th of that month, at j Louisville, in Kentucky,) but in response to and in . refutation of an attack upon me, which I had reason t to believe had either its origin with you, or had been k made upon information supplied by you. Such are the circumstances under which your apt peal is now made to me to furnish you with testimony e in answer to prepared interrogatories, for the purpose . either of your own vindication, or to implicate me. I can recognise no right on your part to make such an 8 appeal, until all agency of yours in the transactions to j which I have herein referred, for the purpose of my j inculpation, is disavowed or satisfactorily explained. Nevertheless, animated by a sense of right and fairness which would prompt me to do justice even to an enemy, and feeling an entire consciousness of my being beyond any repjoach on account of the deplorable event which forms the subject of our correspondence, I will now leply particularly to such parts of your letI, ler as appear to ineto require an answer. " I never thought or said that 1 was deceived by you or by any other person as to the time and place of the * meeting of Mes?r?. Graves .nd Ciliey. I positively aver that I had no knowledge of ilic d.iy, nor the ' hour, nor ihe place of theii hostile meeting. And I.en, on the day of ita actual occurrence, Messrs. King and Johnson called at my room, in the manner p related by tfiem, und informed me that it w.it to take " place on that day, 1 leit all the surprise which is d<- J ?cribed in their statements. I immediately sent my j f servant to the reap- etive rooms of Mi tsrs. Graves, i r (JriiUnden, and Menefee; and, finding that they had, ' without any knowledge, left them early in the inorniug, for the fit at tune I apprehended tnat the meeting Was to take plaee that day. I dW not suppose that it would ooottr on that day, because, having understood that Mr. Graves had met with difficulty in getting a rifle, I did not know that he had obtained one. 1 had no right to know the time and place of the meeting of the parties. 1 only regretted my ignorance of it be-, cause, if I bad known it, I could have advised where the police might have beien directed to arrest the parties and prevent the dual. * My belief is that 1 never saw the terms according to which the combat was to be conducted, prior to the duel, although I think they were stated and explained to me, probably by you. Mr. King thinks they were shown or read by me to him. Mr. Johnson, who was present, does not agree with him in that particular, ana my memory coincides with Mr. Johnson's. But 1 do not regard it as of the least consequence. I had no hand in their preparation. That was the work of one or both of the seconds. When, on the day preceding the duel, Mr. Graves, in company with you, came to my room, 1 was informed that he had determined to challenge Mr. Cilley, and he showed me the challenge which he had drawn. Upon reading it, 1 thought, it closed the door to all accommodation, stated that objection aud sketched a draught in mv own handwriting which would admit of an amicable adjustment. For, from my first knowledge of the affair to the hour of its fatal termination, believing that the difference ought to be settled, I clung to the hope of a friendly adjustment of it. What became of the sketch I drew 1 do not know. I did not see the challenge which was actually transmitted. I refer to the statement in Mr. Graves's letter on this branch of the subject, in which I entirely agree with him. 1 did not know thai Mr. Graves bore a note from Colonel Webb to Mr. Cilley, until after the delivery of the note, and after Mr. Graves received from him a verbal answer. In that stage of the transaction, for the first time, Mr. Graves communicated the matter to me, and I congratulated him on the fact of that answer being perfectly satisfactory, and such as to absolve him from all obligation to pursue the affair further. This has probably escaped Mr. Graves's re collection, Dut l add it, as being within my own. On conversing together, we both agreed that, to guard against future misunderstanding and misrepresentation, it was desirable that Mr. Cilley should put in writing what he had verbally answered. That, Mr. Graves said, he had no doubt would be readily done. But an unfortunate misunderstanding arose between the parties as to the terms or nature of the verbal answer, which terminated in the challenge. I have no recollection of having seen their correspondence between the verbal answer and the challenge. It was not conducted under my advice. If any pereon asserts that I saw it, I should be unwilling to contradict him, so uncertain is my memory about it. I have no doubt that, if I did not see it, I was informed of its purport at the time I suggested a modification of the challenge. Any communication which was made to me concerning the affair, was received by me with regret. I was sorry that it was broached to me at all; but Mr. Graves was my friend, my colleague in Congress, and my messmate, and I could not decline receiving from him any communication touching his honor and interest, which he might think proper to make. And I admit, without any reservation whatever, that on all the points of the controversy respecting which he asked my opinion, I gave it to him freely, according to the best of my judgment And now, having made such answer to your note as I think becomes me, I will add a few observations more. In consequence of a slight indisposition, I did not leave my house during the day of tne duel. I never saw the arms with which tne parties fought. Not having been on the ground of combat, I cannot be held responsible for any of the occurrence there. I have never joined in any censure of you for the part you bore in the conflict, or for your conduct previous to it, or on the ground. On the contrary, 1 was glad that the honor and life of my friend were under the care of one that I regarded so competent to guard both. I never hesitated to believe that you served him with zeal and fidelity, without any departure from the line of honor towards his lamented antagonist. In the investigation in the House of Representatives which ensued after the fatal catastrophe, no attempt was made to implicate me. None was made in the subsequent publications under your signature, to which it gave rise. During all that time, and, until recently, you stood in amicable relations to me.? You have, without any cause known to me, thought proper to establish different and inimical relations between us. Since this change, and during this sesaiwn ?r C?j?g?Aaa, in tKfi mannnp tn whuih I havp. already adverted, for the first time within my knowledge, the attempt has been made to fix the blame and responsibility of the duel upon me. Whether you have originated or been accessory to the attempt, your heart can best tell, and the public can best judge. 1 am, with proper respect and consideration, Your obedient servant, H. CLAY. The Hon. Henry A. Wise. [The following memorandum was made by Dr. Linn: " Received from Mr. Clay in the morning March 1st, 1842, and handed to Mr. Wise on the 2d of March. L. F. LINN."] This letter of Mr. Clay proves? . 1st. That he was consulted with by Mr. Graves, after he bore the note of Webb, and before Mr. Graves addressed his first letter to Mr. Cilley. 2. That he advised, as I have stated, that Mr. Oilley's verbal answer was satisfactory, and "such as to absolve Mr. Graves irom all obligation to pursue the affair further." 3d. That he advised Mr. Graves "that to guard against future misunderstanding and misrepresentation, it was desirable that Mr. Cilley should put in writing what he had verbally answered. 4th. That Mr. Graves was his friend, his colleague in Congress, and his messmate; that he could not decline communing with him on a point of his honor and interest; and that on alt the points of the controversy respecting which Mr. Graves asked his opinion, he gave it to him freely, according to the best of his judgment. 5th. That he sketched the draught of a challenge for him (Mr. Graves) in his (Mr. Cluy's) own handwriting, "which would admit of an amicable adjustment." 6th. That the terms of the duel were stated and explained to him, (Mr. Clay,) probably by me. 7th. He was informed of the purport of the correspondence, if he did not see it; and he does not say positively that he did not see it. 8th. He knew that Mr. Graves had met with difficulty in getting a ride, though he was not informed of either time or place of the meeting. 9lh. He concurs with the statements of Charles King and R. Johnson, which say that he could do no more than advise them to inform the civil authorities, because we was too much in the confidence of Mr. Graves to do so himself. And here, upon this first error of Mr. Graves's letter, 1 rest on the testimony of this one witness. Error 2.?" Now, although you, Mr. Crittenden, Mr. Menefee, and myself, were boarding together, Mr. Crittenden knew not a word of the difficulty until about ten or eleven o'clock of the night before the meeting, when Mr. Menefee and myself, and 1 think Mr. Hise, went after him at Mr. Joseph Galea's, where he and his family were spending the evening." Now, this error of Mr. Graves would seem unimportant ; but I have repeatedly said and published, as 1 do again, that I went to bed early on Friday night, the 23d, Hay about 10 o'clock, to avoid getting a gun ready by the time of 12 o'clock the next day, and to form a fair pretext for postponing the meeting, in order to afiurd an opportunity to arrest the parties. This statement could not be true, if what Mr. Graves says is correct. In the first place, then, he speaks doubtingly. Who were the other witnesses who could best testify on this point ? Messrs. Crittenden and Menefee, who did go with Mr. Graves, and Mr. John C. Rives, to whom they went to borrow a rifle. Mr. Menefee and Mr. Graves went afier Mr. Crittenden at Mr. Galea's, and thence the three went to procure a rifle. I introduce, then, first, Air. Crittenden. [See the foregoing letter from him.] Secondly, Mr. Menefee. He is dead; but his testimony, recorded by the duel committee, says : " With the assistance of another friend of Mr. Graves, a rifle was procured at midnight. It was in bad order, not having been used, as we were assured bv the person who luruished it, for more than a year and a half. At 2 o'clock it was supposed to be in a Condition to be used in practising, at least ; and the fact icat communicated to Mr. Wise." H re, tli. n, was but "another friend," besides himaelf, of Mr. Graves. Mr. Ciitte.iJen says it was himself. . li could not have been me, as the fact would not have been "communicated"' to ine at 2 o'clock at" n gill, as it was by Air. iVlen?*lee, who awoke me out of u i-ound sleep. The other witness on this point is Mr John C Rives, the mari ?roui whom the r.fle was procured. In answer to inquiry from me he addressed to ine (he following letter, to wit: Washington Citt, Feb. 28, 1842. Sir I have received your letter dated the 26th inst., propounding to me five specific questions, and oneg* neral question, in rsgard l? the dud fought on ths ' 24th day of February, 1838, between Meaara. Graves, of Kentucky, and CUley, of Maina. I ahall answer it without rsoemtatatiag your aaaations, believing that the shortest ann moat intelligible way for me to make myself understood. My rifle was borrowed on the night of the 23d February, 1838, by the Hun- John J. Crittenden, and the Hon. Mr. Menefoe; the former than a Senator, and the latter a member of the House of Represents | lives of the United States, from the State of Kentucky, for the purpoee of being used in the duel mentioned above. They did not tell me what they wanted 1 with the gun, but I afterwards understood from the Hon. John Caihoon, then a member of Congreee from Kentucky, who was present when the duel was ( fought, that uiy rifle was used by Mr. Graves, and I 1 have no doubt of it, as I have never heard it contra- a dieted. They applied to me for it between 10 and 11 ' o'clock at night; but 1 being from home when the ( application was made, and the rifle being at my house, 1 and its accoutrements at the Globe office, it was near j 12 o'clock at night befote they obtained all. You were not an applicant for the rifle, nor do 1 recollect to have seen or heard from you from the time the chal- ' lenge was carried until after the duel was fought. ' I possess no other knowledge on the subject that I deem peitinent. ' Respectfully, JOHN C. RIVES. ' Hon. Hbnry A. Wisk, House of Representatives. j This testimony, I presume, is conclusive on this point. i To show that the grounds I now take concerning c the part which I and others bore in this unfortuuute t duel are no new grounds, and not taken of late, be- t cause of any change of relations between Mr. Clay and myself, I subjoin the following letter from Dr. ] Foltz, who was the surgeon of Mr. Graves, and who t attended him on the ground, to wit: ? Baltimore, February 28, 1842. j Dear Sir : I have just concluded reading your j statement in this morning's Intelligencer, relative to t the meeting of Messrs. Graves and Cilley, which I c have long been looking for, and which I am happy to see at length placed before the public. c Early on the morning after the duel, you informed t me, in your room at Mrs. Queen's, that you were op- s posed to the meeting, and that you thought that it ] might have been avoided, but older heads than yours t had been consulted, and their advice followed; that !'ou, as a friend, could not decline bearing the chalenge, and that you accompanied Mr. G. on the ground with a conviction that he would be shot.* t From that moment to the present time I was con- d vinced that you were treated with injustice ; but as 1 that conversation was confidential, I was unable of t course to correct the impression which had gone t abroad. . 1 My connexion with the affair was entirely profes- i sional, and as I have frequently served on similar oc- i casions, my efforts there, as elsewhere, were directed a towards the side of humanity, and to me it has al- t ways been a source of regret that any portion of my t testimony should ever have been maae use of for po- I litical purposes. If I have erred in any portion of c my testimony, it was from an imperfect recollection, t as it was given in without consultation with any indi- 1 vidual, and not deeming that it could possibly be of t any consequence to either party. Mr. Graves I had I known intimately, and I nave never met with one c whose amiability of character and cheerfulness of t disposition were better calculated to make friends, a and he will, I am convinced, upon reflection, fully i confirm your very clear statement of this morning. 1 You will believe me, I trust, when I assure you that t I am glad to see this long standing error corrected, f while I remain very truly, your most obedient servant, c J. M. FOLTZ. f To the Hon. Henrt A. Wise, of Virginia. t This letter was addressed to me voluntarily on bis * part; and, as a further piece of spontaneous evidence v which came to me last night, without any seeking on ? my part, 1 subjoin the following extract from an editorial in the Native American Bulletin, published at St. Louis, Missouri, by Vespasian Ellis, Esq., formerly of f the Senate of Virginia, who knew me well whilst he t lived in my native county : The Duel op Graves and C>lley.?Allusion n having been frequently made of late to this duel, in g connexion with the name of Henry A. Wiss, weco- h py the following editorial of the Richmond Whig, h (opposed to Mr. W ise politically,) and also the re- v ported remarks pf Mr. Wise made on the floor of g Congress a few days ago, for the purpose of showing s that very improper impressions have been made by the f enemies of this gentleman in reference to his conduct e in this matter. J We will add that, having heard both from the lips ? of Mr. Wise anil ft-uio several others who wero conn- t sant of the facts, all the particulars of that transaction within a few days after its occurrence, we have 1 no hesitation in saying that he ought not to be held in any manner responsible, either for the manner in which it was conducttd or for its consequences. He was only unjust to himself in permitting his private friendship for Mr. Graves to carry him to the field as his lifeguard, in an affair which he was not permitted to direct. I have written also to General George W. Jones, of W isconsin, wno was the second ot Mr. Cilley, to an- r awer inquiries touching the imputations of Webb . that the time and place of the mee ing were changed by me and my associates to deceive Mr. Clay. His answer is immaterial now, and it shall be published ' when it reaches my hand. As to the third issue?the charge made by Mr. n Adams that I instigated the duel of Graves and Cil- F ley?need I do more than to point to the foregoing array of evidence, particularly to the letter of Mr. Clay, to vindicate not only myself but any one else from so base an aspersion, and to sustain the full t statement, in evtry material point, which I have here- * tofore addressed to Mr. Graves? * No; no dispassionate, just, and generous mind will * henceforth, can hereafter, harbor a suspicion of such a crime against me 01 any body else, alike detracting . to Mr. Graves as to any friend of his, and alike unjust to him and to all of his friends and advisers. It 1 is only to be regretted, and a little humiliating, that, 1 from the reserve of some of his friends in the past, c and from the mistakes of the world as to the true 8 history of the duel, there should be any apparent con- ' test now as to who is the guilty man of an imputed ' offence against all the laws of honor and humanity, of which no man is guilty. Of giving Mr. Graves ^ their advice, when he sought it and needed it, many of his friends were guilty, if that was an offence. 1 gave him mine; Mr. Clay gave him his; and his * was adopted and pursued by Mr. Graves only because 1 his judgment was esteemed the sounder, his ezpe- * rience the more to be relied on, his reasons the strongor, and his authority the best. Why should the pub- ' lie be troubled with this private affair any longer! Respectfully, 1 HENRY A. WISE. I Washington, March 4, 1842. e * The conviction here spoken of by Dr. Foltz arose only from the fact that Mr. Cilley was a very good shot and Mr. Graves was a very bad one. HENRY A. WISE. FOR SALE-A pair of excellent HORSES, well matched, strong and sound. Also, a BUGGY, with leather top, and new harness, for single horse. Also, a HAY PRESS, for packing hay in bales for transportation. THOMAS ALLEN. Washington, March 8, 1842.-3t CjTOP, TRAVELLERS!?Before you seat youri^N ?if- .l _ ii _. u i Ny sen in me ears, can in at tiauiptuu ? a ciiimivai and Newspaper Agency, between 3d and 4 1-2 streets, | and buy a number each, late dates, Washington city < papers, to amuse yourself on your journey with the I doings at the Metropolis, and if you are temporarily i here, hailing from abroad, treat your friends at home to a number each of the four papers for 25 cents, and for the same price you can send them the Lady's Book, i Graham's Magazine, or any of the splendid monthlies always there to be had, and subscribe for the year if you wish it. feb 25-3t CHARLES GILMAN, ATTORNEY AT LAW, tlUINCY, ILLINOIS, Will promptly and faithfully attend to any professional business entrusted to him hi Western Illinois, and the river counties of Missouri and Iowa, above Hannibal. f^rParticular attention given to the oollection ol Debts. Refer to Hon. George Evans, U. S. Senate; Hon Aisha H. Allen, House 11 Representatives, july l-t. QA GROSS WRITING FLUID.?W. FIStJ V7 CHF.R, importer und dealer in fancy and staple stationery, has jlift received, by the ship Wellington, direct from the celebrated manufacturer, Henry ' Stephens, of London, the above quantity of his un- I equalled Writing Fluid, comprising dark and light, ' unchangeable blue and red. Also, his Black Writ- s ing Fluid, put up in neat 4, S, 16, and 32 oz. stone jugs. All of which he will sell to the trade st as low < a price as they can purchase them for in New York or 1 elsewhere in the United States. i I mar 8 c j, i eaeeHHHHseseaesei^SBSBSseessav J Ctoetttg??fertoeitlii Cotifl^ss. SECOND SESSION. IN SENATE, Tuesday, March 8, 1842. The PRESIDENT laid before the Senate the Allowing communications, viz ; 1. From the War Department, enclosing a report >n the survey of the boundary between Michigan and Wisconsin. 2. From the Commissioner of the General Land Office, in reply to a resolution, adopted on the 3d initant calling for a statement of the names of sueh early isttlers in the Illinois country as were not confirmed >v the Governor of the Territory in the full quantity >r four hundred acres of land ; also, in reply to a retolution of the 3d instant, in relation to the board of ;otamisaioners appointed in 1836 to investigate private and claims in Missouri. 3. From the Navy Department, in compliance with i resolution, showing the amount expended at the Pensacola naval station, etc. 4. The resolutions of the Legislative Councils of Iowa relating to the boundary line between that Territory and the State of Missouri. Mr. ARCHER presented the petition of the ironnasters of Lexington, Virginia, praying for prolecion. Mr. TALLMADGE presented the memorial of mer:hants, manufacturers, mechanics and others of the :ounty of Philadelphia, asking Congress to establish he Exchequer plan recommended by the President of he United States. Mr. BARROW presented the resolutions of the Legislature of Louisiana, requesting an appropriation a complete the surveys of the public lands in that state. Mr. BUCHANAN presented the petition of Wiliam B. McMurtrie, praying the re-imbursement of lis expenses for his outfit as a member of the selenitic corps attached to the South Sea Exploring Expe- u lition. Mr. BERRIEN, from the Committee on the Judi- i :iary, reported a bill to provide for the farther ex- ( ension of justice in the courts of the United States, a tnd a bill further supplementary to an act to estabisli the judicial courts of the United States, approved n 1789.; i misrepresentation corrected. f Mr. CLAY said that when he catne to the Senate o-day he was not veiy well, but was filled with in- { lignation at a matter which was brought to his notice ( >y a friend. The Senate would do him the justice to estify that he did not pay any attention to newspa- ( >er paragraphs, but the one to which he would aludo was so shocking, so atrocious, that he could not, e n justice to his feelings, remain silent, especially as njuslice had been done, not so much to himself as to ? l friend. In the course of the presentation of two pe- j ilions yesterday, he had occasion to say that one of hem was from a number of ladies residing at Rah way, { lew Jersey, and that the other emanated from citizens g if Pennsylvania. He was reproached by the Sensor from that State for not having afforded him (Mr- c i??t\anan) an oppoitunity of saying something about he petition from the ladies. Now it would be recol- q ected that he replied that he had not done so br:ause it was not a proper subject for his delibera- fc ion, because he (Mr. Buchanan) after having lived J t certain number of years, had never taken any lady B tnder his protection! But a newspaper reporter t lad represented him as having assigned to the Sena- r or from Pennsylvania the extraordinary age of fifty- a ive ! !* He called upon every grave Senator and up>n every lady in the gallery who heard him, to testi- g y whether he made any such remark. He believed hat he said thirty-six years and upwards! [Laugh- a er.l Mr. BUCHANAN expressed his high gratification t vith the unexpected apology which he had just revived from the Senator (Mr. Clay) for a most griev- d >us insult. The Senator and himself had had many r >assages of arms on this floor; but never before had le (Air. Buchanan) felt it so imperiously necessary o call him to the field of honor for any thing he bad a aid in the course of debate. The injury to bim o night have been as serious as the insult was outra- eous. The assertion from so high an authority that ie (Mr. Buchanan) was fifty-five and upwards, might ave destroyed all his future prospects in life. He ras happy, however, to acknowledge that the apolo- 1 y was prompt, manly and unequivocal, and left no -< tain whatever upon his character. He hoped, there- y ore, that the friendly relations which had heretofore 1 xisted between them would be cordially restored, f is to the charge of the Senator that he (Mr. B.) was j hirty six and upwards, he would cheerfully confess ' ha soft impeach mant. j> :he steamboat Caroline?transfer of nation- t AL QUESTIONS FROM THE STATE C0URT8 TO THE c FEDERAL JUDICIARY. ? c A message was received from the President of the , Jnited States urgently recommending action upon c his subject by Congress, and stating that a subject of _ 3reat Britain had recently been arrested in New fork, charged with being one of the party that burnt , he steamer Caroline, ana who, in all probability, will c >e tried by the laws of the State unless the question j >e transferred to the Federal Judiciary. : Mr. BERRIEN said that as this subject had been 8 eferred to the Committee on the Judiciary, and as he j tad to day reported a bill in relation to it, he would oove the communication be laid upon the table and J irinted ; and the motion was agreed to. THE DISTRICT BANK BILL. The Senate resumed the consideration of the bill o suspend, for a limited time, the operation of a por- r ion of the act entitled " An act to revive and extend he charters of certain banks in the District of Co- r umbia." The question pending was on the motion of Mr. r Vllen to recommit the bill to the Committee on the District of Columbia, with instructions to inquire and eport to the Senate whether the banks in the Disrict, or either of them, have violated their charters lirectly or indirectly, or in any manner sought to ivoid any requirements or conditions in the act to evive and extend their charters, approved August 25, 1841. Mr. KERR addressed the Senate in support of the till. t Mr. WRIGHT and Mr. BUCHANAN opposed it r Mr. BAYARD, for the purpose of obviating objec- ? ions which had been urged against the bill, submited an amendment, limiting the privilege of the banks 0 lend and pay out the notes of suspended banks | intil the banks of Virginia and Maryland shall ( tiave resumed specie payments ; but The CHAIR decided that the amendment was not n order, as a motion was pending to recommit the >ill with instructions. . Mr. WOODBURY advocated an immediate relumption of specie payments by the banks. c Mr. CALHOUN opposed the bill. Mr. BENTON condemned the proceedings of the t oanks, and said that, for the last eight days, they had trampled upon the Senate and the House of Reprelentatives by violating their charters, and paying ' .heir base trash instead of gold and silver. He spoke E of the looks of the people of Maryland, as having had 1 powerful eifcct on the banks, which was to be seen n the fact that the banks of Baltimore had com- , nenced a partial redemption of their notes. The oanks of Pennsylvania and other States were , lpproaching this state of thiDgs; and yet the ( Senate of the United States was called on to r hrow itself in the breach, in the face of the broken loanks, and sanction a suspension of specie payments j for a year ! t Mr. BAYARD replied, and showed that it was im- , possible, in his opinion, for these institutions to pay i out gold and silver, while their debtors discharged their obligations to them in the notes of the banks of f the adjoining States. j The question was then taken on the motion of Mr. i ALLEN to recommit the b II, and it wns decided in ( the negative?yeas 18, nays 25, as follows: j YEAS?Messrs. Allen, Benton, Buchanan, Cal- v houn, Fulton, King, Linn, McRoberta, Sevier, Smith, ' (if Connecticut, Sturgeon, Tappan, Walker, Wilcox, ll Williama, Woodbury, Wright and Young?18. v NAYS?Meaars. Archer, Barrow, Batea, Bayard, Berrien, Choate, Clay, Clayton, Evan*, Graham, Henderson, Huntington, Kerr, Miller, Morehead, Mangum, Phelps, Porter, Prentiss, Rives, Simmons, 1 Smith, of Indiana, Sprague, Tallmadge, and Wood- 1 bridge?2>. i Mr. BENTON moved that the bill be laid upon the f table for the purpose of considering a resolution which ' he would submit, directing the Committee on the Dia- v trict of Columbia to inquire and report to the Senate J whether the banks, or any one of them within the , District, had violated or avoided their charters since __ ' c The Reporter regrets the great injustice of which le was inadvertently guilty towards the honorable Senators. Conscious himself of the utter improba- , rility of the truth of the assertion, as all must he wht> ire acquainted y ith the honorable Senator from Penn- v ylvania. he was only reconciled as to the correctness >f his apprehension of it by supposing it to be one of hose little liberties which, in the ardor of debate, are lometimes taken with chronology as well as with F ither matters. I i i ? be first day of March,,instant, hy racaiving or pay-. ag out, either directly or indirectly, the aotea of any f i be non specie-psying banks. Tha question wu taken and decided in the negaive?yeas 18, naya 25. Mr. SEVIER eaid that if the banka in Maryland tad commenced a pec te-payment*, and the bank* iu Pennsylvania ware about to do so, the bill now before he Senate ought not to be passed. Ha therefore noted to postpone its farther consideration for one reek, for the purpose of giving them an opportunity o inquire into the fact*. Mr. BAYARD again prinpneed hia amendment, vbich, in effect, is as follows; that so much of the barters of the banks as inhibits the banks, in said act nentioned, from and after the first day of March, 842, from (laying out, or lending out the notes of any uspended bank, or any paper currency whatever which is not equivalent to gold and silver, shall be, tod the same is hereby, suspended in its operation unit the first day or March, 1843, unless the banks of Virginia and Maryland shall before that time resume ipecte payments, after which resumption the privilege (ranted by tbie act shall cease and determine. Mr. BENTON moved to amend the amendment by naking it read Virginia or Maryland; he wished it 0 be umonctive instead of conjunctive. Mr. KERR eaid that he had just examined a news?per from Baltimore, and had aeen nothing in it as to 1 movement on the part of the banks to resume spade payments at this time. That subject was tow before the Legislature of Maryland, and the irat day of May had been pioposed for that Hirpose. tie would tell ine senator from Missouri hat if any attempt should be made by a mob to disurb the public tranquility in Baltimore, the civil auhorities of the city would promptly Interfere ; and te would feel the utmost mortification, if information hould be brought to him that the " looks" of a mob lad induced the banks to resume. Mr. BENTON said that " a cat might look at the ling," and it was indeed a strange state of things if he public could not look at the banks. Mr. WALKER remarked that the people could tot oak into them. Mr. BENTON observed that if they could not look nto them, they could look at them. He supposed hat the Senator from Maryland had been looking at i Whig paper for his information. Mr. KERR replied affirmatively. Mr. BENTON said that the Whig papers were alvays slow to find out the good news ; out here was he Baltimore Sun, a Democratic paper, in which the act was stated. Mr. KERR admitted the Sun to be good authority, f the Senator from Delaware would allow, he would uggeet a modification to the amendment. Mr. BAYARD inquired of the Senator from Misouri whether he had not made a motion to amend. Mr. BENTON said that he had, but he did not are any thing about it. Mr. KERR then suggested a verbal amendment, to vhich Mr. BAYARD had no objection. Mr. BUCHANANmoved to insert" Baltiinoie or lichmond," in the place of " Maryland and Vir;inia." Mr. LINN said that all the banks in Baltimore night not resume. Mr. CL AY. Let it then be the banks of Baltimore >r Richmond generally. Mr. BENTON said that he had just been informed >y a gentleman from Maryland that the Mechanics' iank of Baltimore bad commenced redeeming its itues. He thought that they bad better stop for tweny-four hours and wait until the cats cumein to-tuorow ; and therefore he moved that the Senate do now djourn. Mr..BAYARD desired that the bill might be en;roBsed to-day for a third reading to-morrow. The question was taken on the motion to adjourn, ind it was decided in the negative?Ayes 18, noes 22. The amendment of Mr. Bayard, ae amended, was hen agreed to. Mr. SEVIER moved to postpone the further consileration of the bill for one week, but the motion was legatived?yeas 18, nays 25 ; and The bill was engrossed for a third reading. The Senate then went into an Executive session, ind, after a short time spent therein, the doors were ipened, and it adjourned. BOARDING AND DAY SCHOOL FOR YOUNG LADIES. yTR. AND MRS. DAV1DGE, who have for years LVA conducted one of the largest academies for oung ladies in Baltimore, propose to open, about the st of April next, a limited boarding and day school i>r young ladies in the spacious and airy dwelling adoining that of the Hon. Judge Cranch, on Capitol rlill, directly north of the Capitol. The arrangements >f the Institntion will be such as to afford every faciity for the acquirement of the ornamental and useful tranches of a polished education, under the immediate harge of the Principals, aided by assistants of the nost unexceptionable standing; and will afford peuliar advantages to the children of gentlemen from i distance connected with the Government. Tbediaipline will bo parental in its character, and the house tupils will be regarded and treated, in everv resnect is members of the family. The musical department vill be conducted by Mrs. D. A detailed statement if the course to be pursued in the establishment will >e published in due time, and, in the meanwhile, any nformation may be obtained on application at the ieidence of Mis. Lindenberger, southwest corner of Sast Capitol and Second streets. The number of pulils being limited, parents and others interested will lo well to make early application. REFERENCES. The Hon. A. P. Upshur, Secretary of the Navy. The Hon. W. D. Merrick, of Maryland, U. S. Selate. The Hon. W. S. Fulton, of Arkansas, U. S. Setate. The Hon. J. Leeds Kerr, of Maryland, U. S. Selate. The Hon. John P. Kennedy, of Maryland, M C. The Hon. J. D. Jones, of Maryland, M. C. Albert M. Lea, Esq. M. C. Young, Esq. Col. Wm. Brent, of Washington city. mar 8-eo3t [Intel. &. Globe.] yOUNG LADIES' INSTITUTE, Pittstidd, JL Massachusetts.?This Institution, pleasantly looted within five minutes walk of the Western Raiload, will be opened for the duties of its summer seaion on the 18th day of April next. Teachers, with their respective Departments : Rev. |W. H.Tyler, A. M., and Mrs C. E Tyler, ?rincipals and Instructors in Int. and Mor. Sci. Hisory and Elementary branches. Mrs. S. C. Sprague, Belles Leltres and Music. Miss A. M. Snyder, Elementary branches. Miss L. Alice Sprague, Painting oil, and water co ors. Edward G. Tyler, A. B., Mathematic-, Natural Science, and Ancient Languages. Mons. Alexan. Godillon, French,Drawing and Pennanship. All the teachers are members of the family with the >upils, and at suitable times the French language is nade the sole medium of oral intercommunication imong the inmates of the Institute. "An Institution and a place which require no eulory."?Albany Argus, Ocf. 21, 1841. "Its plan meets our warmest approval, and its arangements are well suited to secure the gr&at end of tducation, 'mens sana in corpore sano,'?a i-ound nind in a sound body."?Patriarch, vol. 1, p. 167. "Besides the advantages of situation, the plan of Sdr. Tyler has merits, and the Principal of the Instiution possesses qualifications which cannot fail to ecommend this school lo parents and guardians."? 1 tbany Advertiser, No. 8048. REFERENCES?Rev. Pres. Humphreys, Amlerst College; Rev. Dr. Sprague, Albany; Prof. B. ? i...itn m v it... ..... a n U?,..k m n White street, New York, Prof. J. A. Yates, Union College; Rev. Dr. Bem&n, Troy; Prof. C. Dewey, lochester; Hon. Wm. Jessup, Montrose, Pa; Hon. J. N. Briggs, M. C.; Thomas Allen, Esq., and Rev. t. W. Bailey, Washington city; Col. Wade Hampon, Columbia, and Gen. George McDuffie, Abbeille, S. C. mar 8-d&wptAp 1. Boarding and day school for YOUNG LADIES?M. MECHEGARAY, laving resumed the charge of her old establishment in few York, with the view of a permanent residence n the city, respectfully informs her friends and the tublic that on the first of May next she will remove ter school from its present location. No. 663 Broadway, to the spacious newly erected buildings south :ornerof 15th street, opposite Union Park. This aiuation at the branching of the two great avenues of few York, combines the advantages of a city and country residence, and is also of the easiest access by he daily line of siagt* starting every five minutes root either point of the two main streets. Circulars at Messrs. Berard and Mondon's, 36 ^ourlland street, and it Roe Loekwood's, 411 Broadway. mu r 8-2m C. H. VAN PATTEN, M. D dentist. Pennsylvania avenue, a few doors from Brownj iotel. nov 23 is ly ' ^ -