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Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, January 15, 1848, Image 8

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m Libert) au?l Union, now and forever, oue and
iu>c parable."
In the Senate on Thursday the Debate upon the
additional Arinv Bill was continued by Mr. P**RCKV
of Marvland, in decided opposition to the bill, and
j., strong though courteous reply to the argument
of his colleague in regard to the justice of the Mex
ican war, and the sufficiency of' its causes. A lul
report of Mr. Pence's Speech will of course have
its due place in our columns.
The Senate adjourned over to Monday by t le
closest possible vote. Mr. BctlER, U is under
stood, will be entitled to the tloor when this su >
ject shall be resumed. -
In the other House, as .the reader will discover
by the report in the following columns, a new
subject, of the deepest interest, engaged U? at
tentat of the People's Representatives, be,ng a
question of privilege, or rather ot const.tuUonal
right, between the Representative body and the
President of the United States. The considera
tion of the Message was, after being the subject of
debate to the usual hour of adjournment, postponed
to and made the order of the day for Tuesday next,
when it cannot be doubted that it will again earnest
ly engage the attention of the House.
Mr. C lav arrived in this city on Monday last in the
morning train of cars from Baltimore, and was most
enthusiastically received by a crowd of many hun
dreds of his fellow-citizens, who had, without pre-1
meditation, assembled to greet him on his arrival.
He was conducted to the United States Hotel, trom
the balcony of which he addressed to those who
had assembled in front ol it a brief acknowledgment
of the kindness thus manifested towards him.
He appears to be in excellent health, and was in
the course of the day visited by many of his fellow
citizens. i
?Vmon.' the visiters to the city at this thronged
time we have had the pleasure of seeing, in hue
health, the Hon. Thomas Ewing, former Senator
from Ohio and Secretary ot the Treasury under
President Harrison's Administration.
Among the visiters lately here was Col. Harney,
of the Array, distinguished bv his gallantry and
conduct in the battle-fields of Mexico. A number
of other officers from Mexico are or have been here,
whose names we have not the means ot publishing.
The Governor of Maine has appointed the Hon.
W vman B. S. Moor, of Bangor, to fill the vacancy
in the United States Senate occasioned by the death
of Mr. Fairfield, to serve until an election by the
Legislature of the State.
The Attorney General of the United States,
who was directed by a resolution ol the Senate ol
the United States, 011 the 26th June, 1846, to ex
amine the evidences of title in the case ol a certain
Spanish land claim in the State of Louisiana, lying
on the Mississippi, above New Orleans, called the
Houmas claim, and to report his opinion thereon to
the President, together with his opinion as to the le
galitv of certain patents issued in favor of certain
claimants under said grant by Mr. Bibb, while Se
cretary of the Treasury, Ins performed that duty
and given an opinion, 44 1 hat the patents which
? have been issued in the case ol the Donaldson and
? Scon claim and the Clark claim were so issued
? without authority of law, and are therefore void
4 and of no effect."
\ Telegraphic despatch trom Columbus Blates
that the Democratic State Convention of Ohio has,
bv a vote of 237 to 22, nominated Gen. Lewis
Cass, of Michigan, as a candidate for President of
the United States.
The vote.bv which John B. Welier was nomi
nated as the Locofoco candidate lor Governor of
the S'.ate was, on the second ballot, 146 ou.
of 287. ^
.. 1 n' with great pleasure that the arrangc
1 ,m\J Mpposed bv the State of Indiana for
~ rii?ubea? of lift dibt '>?"? b>'
, !?? ,n?joa**"*- ,Alw"
lions of her bonds have been already surrendci? ,
under the arrangement and new bonds issued, upon
which the interest was promptly paid on the 1st
instant. . . . ,-i?,
* The legislature of Indiana, now in session, lateiv
tlfcied J.-IE. Coins., Jr. of New A8s?y, |
an Agent of the State to uke charge of matters con
nected with her public debt, who will proceed to
New York immediately to enter upon the discharge
of his public duties. Mr. Collins is a gentleman
ai hiffh standing in Indiana, and deservedly enjoys
confidence ol the people of that State, as well
as of their Representatives.
In Pittsburg the Whig candidate for Mayor has
been elected by 89 majority. , . . ...
The Whig Mayor has also been elected in Alle
ghany by 165 majority,
A few sales of sterling bills show that no mate
rial change has vet been produced in the pecuniary
relation* of the United States and Great Britain.
Specie continues to l?e shipped in a moderate way,
and tor a few days past not much has come in from
anv quarter. The Subtreasury has, however, been
drained into the banks, until it has but about seven
hundred aud fifty thousand dollars on hand, and is
constantly paying large drafts, while the receipts
are small, an almost all the duties are paid in 1 rea
eurv notes. At this rate the box " deemed and
taken" to be a treasury, will soon be in such a con
dition that it will be convenient to scrape the
bottom. The banks have some six millions o
coin, chiefly American gold, which is worth le?s
than sovereign* to ship for England by one per
rent. The Government, in conformity to the doc
trines of the Subtreasury, has kept the mint hard
at work in coining at a damage of one per cent,
iievond the labor of coining. The banks and mer
chants are looking with increased interest to the
expenditures of the Government. The state of the
country is such that if the Mexican war is to keep
up its large drains, prudent men will preserve the
contracted position which they have !>een gaining for
'.wo or three months past; These tads in the city
will be likely to reach the country in low prices for
;>roih;ce. so compelling a pre-ent payment of the
? xt>en?es of the war by the very process of making
a debt upon posterity.?Journal of Cnmnwrce.
The Legislature of New Jersey met at Trenton
on Tuesday# Joh* C. Smallwood was elected
8peakert?f the House of Representatives.
We leanyfrom the Mepsnge of Governor StraT
ton that tl/Stitc of New Jersey is not only free
from debt, but is in po**es*ion of such sources of
permanent revenue as to render taxation for State
purposes unnecessary.
Michioan.?The Legislature of this State met at
Michigan City, the new capital, on the 1st instant.
A. W. Bukll was chosen -Speaker of the House.
The Message of the Governor ii almost entirely de
voted t<9 State affairs.
Thursday, January 13, 1848.
The SPEAKER laid before the House the following me?
suge from the President of the Unite! States :
Wa*iis?tox, January 12, IK1 Hi.
To the H>uaevf Representative* of the Lnited St at it.
1 have carefully considered the resolution ot ihe 1'0U*J'
Kepre?eutati*es of the 4th instant, requesting the resident
to communicate to that House "any instructions which may
? have been given to any of ll?e officers of the army or navy
? of the. l nited States, "or other persons, in regard to the re
' turn of President General Lopev.de Santa Anna, or any other
?. Mexican, to the Republic of Mexico prior or subsequent to the
? order of the Pre.ident or Secretary of War, issued in Janu
' arv. 1846, lor the march of ihe army from the -Nueces river,
' ucr>>?i> the ' sUiiK'ndous deserts' which intervene, to the Rio
' liratule; that the date of all such instructions, orders, and
' corre-uondence be set forth, together with the instructions
? and orders issued to Mr. Sli.leil at any time puor or subae
? quent to his departure for Mexico as Minister Plenipoten
. tiarv of the United States to that Republic ; and requesting
the President aUo to "communicate all the orders and cone
? spondence of the Government in relation to the return ol Gen.
4 Parade**/' ,
1 transmit herewith rrports froia the Secretary of State, the
Secretary of War, and the Secretary of the Navy, with the
documents accompanying the same, which contain aB the in
formation in the possession of the Executive which it is deem
ed compatible with the public interests t > commuiiicate.
For further information relating to the return of Santa Anna
t,. Mexico I refer you to my annual message of December 8th,
1*4,;. The facts and considerations stated in that message
induced Ihe order t.f the Secretary of the Navy to the com
mander of our squadron in the Gulf of Mexico, a copy of which
is herewith communicated. This order was issued simulta
neously with the order to blockade the coasts of Mexico, Wth
bearing date the 13th of May, 1846, ihe day on which the
existence of the war with Mexico was recognised by CtSftgreas.
It was issued solely upon the views of policy presented m that
message, and without any understanding on the subject, direct
oi indirect, with tfar.ta Anna or any other person.
Gen Pared, s evaded the vigilance of our combined forces
!,v land and sea, and made his way back to Mexico.from the
exile into which he had Wen dr.verf, landing at \ era Cruz
after th<t city and the castle of San Juan de Ulua were in our
miliiary occupation, as will appear from the accompanying re
ports and documents. , ,
The resolution calls for the " instructions and orders issued
? to Mr. Slidell, at anv time prior or subsequent to his depar
? tare for Mexico, as MinUter Plenipotentiary of ihe Lnited
? States to thnt Republic." The customaiy and usual reser
vation contained in calls of either House of Congress upon
the Executive for information, relating to our intercourse with
foreign nations, has been omitted in the resolution before me.
The call of the House is unconditional. It is, that the infor
mation requested be communicated, and thereby be made
public, whether, in the opinion of the Executive, who is
charged by the constitution with the duty of conducting nego
tiations with foreign Powers, such information when disclosed
would be prejudicial to the public interest or not. It hit, been
a subject of serious deliberation with me whether I could, con
sistently with my constitutional duly and my sense of the
public interests involved and to be affected by it, violate an
important principle, always heretofore held sacred by my pre
decessors, as I should do by a compliance with the request of
the House. President Washington, in a message to the House
of Representatives of the 30th of March, 1796, declined to
comply with a request contained in a resolution ol that body,
to lay'before them "a copy of the instructions to the Minuter
? of the United States who negotiated the treaty with the
' King of Great Uritain," " together with the correspondence
? and other documents relativ e to the said treaty, excepting such
?of the said papers as any existing negotiations may render
?improper to l>e disclosed." In assigning his reasons for de
clining to comply with the call, he declared that " the nature
' of foreign negotiations requires caution, and their success
4 must often dejwnd on secrecy ; and, even when brought to a
?'conclusion, a full disclosure of all the measures, demands,
'*and eventual concessions which may have been proposed or
? contemplated, would be extremely impolitic ; for this might
' have a pernicious influence in future negotiations, or produce
? immed.ale inconveniences, perhaps danger and mischief, in
? relation to other Powers. The necessity of such caution and
? gecrecy was one cogent reason for vesting the power of
? making treaties in the President, with the advice and consent
4 of the Senate ; the principle on which that body was formed
' confining it lo a small number of members. To admit then
? a right in the House of Rspresenlatives to demand, and to
? have, as a matt, r of course, all the papers resecting a nc
' gotiation with a foreign Power, would be to establish a
? dangerous precedent." In that case the instructions and
documents called f.r related to a treaty which had been
concluded and ratified by the President and Senate, and
tbe negotiations in relation to it had been terminated.
There was an express reservation, too, "excepting from
ihe call nil Mich papers as related to "any existing negotia
tions" which it might bs improper to disclose. In that case
President Washington deemed it to lie a violation of an im
poruuit |>rt*ciple, the. establishment of a " dangerous prece
cedent," and prejudicial to the public interests to comply with
the call of the House. Without deeming it to be necessary
on the present occasion to examine or decide upon the other
reasons assigned by him for his refusal to communicate the
information requested by the House, the one which is herein
recited is in my judgment conclusive in the case under con
siderati >n.
In JeeJ, the objections to complying with the request of the
House contained in the resolution liefcre me are much stronger
than those which existed in the case of the resolution in 171>fi.
This resolution calls for the " instructions and orders" to the
Minister of the United States to Mexico, which relaie to nego
tiations which have not been terminated, and which may be
resumed. The information called for respects negotiations
which the l'nited Siates offered to open with Mexico imme
Jiately preceding the commencement of the existing war.
The instructions given to the Minister of the United Slates
relate to Jhe differences betwrcn the two countries out of
which war &rew' *n<1 thc lcrnM ?f ,<Jiytrnet,t vvl,ich we
Acre itrrpirea' ** Mexico in our anxiety to prevent the
war. These differed *?? ??"?'?? unsettled, and to comply
with tie call of the HoU*. <* *? ?*" P?W?T, through
that channel, and to cominunic'e to Mexico, now a public
enemv enaaged in war, information which could not fail to
produce serious embarrassment in any future negotiation be
tween the two countries. I have hereto ore communicated to
Congress all the correspondence of the Minister of the I mtcj
States to Mexico which in the existing state o_ ?.jr rations
with that Republic can, in my pigment, be at this time com
municated wlthoaf ?erioiM Injury to foe public interert.
Entertaining this conviction, and with a sincere deaire to
fornhh anv information which may be in possession of the
Executive Department, and which either Hou*? of Congress
may at anv time request, I regard it to 1? my constitutional
right and mv solemn duty, under the circumstances of this
case, to decline a compliant with the revest of the House
contained in their resolution. JAMLS R.. FOLK.
Trie residing of the message having been concluded ?
Mr. (;< JOGIN moved that it be laid on the table and printed.
Mr. SMITH, of Connecticut, moved its reference to the
Committee on Foreign Affairs.
Mr. UOGGIN, after a moments conversion, withdrew
the motion to lav on the table.
Mr. HOUSTON, of Alabama, renewed it.
Mr. SMITH, of Connecticut, demanded the yeas and nays
on this qui s'.ion ; which were ordered.
The Sl'BAKER suggested that, in order to avoid difficul
ty tf there were, no objection, the question would be divided,
so as to be ' i^rn upon laying on the table and upon printing
scp*r?vly. ' ]
This sugir<i*>n was acquiesced in i and the question to lay ,
I on the table wild announced to l?e first in dhler.
Mr. GIDIHNGS inquires! of the Chair, as a question of or- ,
I der, if after the question to lsy on the talile were ta*en, it |
' would then I* in order to move an amendment to the motion
to print.
The SPEAKER replied, that as the question on printing
would be an entirely separate quest on, he would suggest that
the questi -n of order would rather lel'Ue to it than to the pre
sent question
Mr. ADAM*, of Massachusetts, rose and inquired of the
Chair if the motion to lay en the table was debatable
The SPEAKER repUed that it was not; but tlmt alter it
had been taken the question would come up on the motion to ,
print, ami that would lie debatable.
Mr. ADAMS. Well, I hope it will not be laid on the t?.
ble. The Pre-.dent of the United Ststes, as I understand, in
bis message denies the rightof this House to the information
which tlrev have ealled for.
Tbe SPEAK BR reminded the gentleman from Massachu
setts that he could only proceed in his remarks, while the mo
tion to lav on the table was pen dint', by the general conn :?t
of the House s and he repeated that ihe motion to print would
come up after this was disponed of, nnd would be delwinble.
Mr. ASHMI.'N made a point of order, whether debate could
not proceed while the motion to lay on the table and punt was
pending, as the motion to print of itself was debatable
The SPEAKBR expressed the opinion that debate was not
in order, and stated his reasons therefor.
Mr. HOUSTON, at the suggestion (he said) of some of
J his friends around him, withdrew the motion lo lay on the
Tbe question then recurring on the motion of Mr. Hwith
to refer to the Committee on Foreign Affairs and prim
Mr. ADAMS ro?e and sjioke briefly as fol|ows :
Mr. 8riixr.ii : The state of my voice is such that it is not
in mv power to make lo thia House the observations which I
should otherwise have felt it my duty to make upon this case.
I will elate, sir, that the reason why I have felt it my dnty to
take this courae is, that I consider it a novel thing, and a thing
affecting the rights of this House, and of the constituency of
this House?the People of the United Slates. It denic, sir, as
j I understand if, the power, the constitutions power of this
House lo call for that information. I believe it i? thi fir?t
time in the history of thia Union that it h&? l>een denied. In
the caae to which the President refer*, when a call was made
upon President Washington, there was (which the message
now states) an exception for eases which he might thiuk not
proper to be inquired into at the time.
Now, air, the President has uot added what was the action
of ihe House upon that; and the action of the House was in
db ct opposition to the resistance of President W ashing ton to
their call.' The House formilty declared?and I wish the
Journal might be looked to to see? the House formally de
clared, agaiuat President Washington, their right to call for
such information. That was their action ; and, ax tar as I
know?although the very memory of Washington, by every
body in this country, at this time, (and by none more than
myself,) is reverenced next to worship?the President was
wrong in that particular instance, 'and went too far to deny
the power of the House ; and as to his reasons, I never
thought they were sufficient in that case. And 1 have always
been of the opinion, and most assuredly that has been Ihe
opinion ot the Democratic party, to which I do not profess to
belong, [a luugh,] they have unanimously disapproved of that
act of President Washington, as interfering with the rights of
this House, and of their constituents, the people of the Uni
ted State*.
I say I cannot enter into an argument upon this subject;
but I consider it of such importance that I am certainly indis
posed to lay this message upon the table. I desire it may be
printed, that it may go to (he whole country, thut it nuy l>e
decided upon by the people as well as by this House. I think
this House ought to sustain, in the ttrongent manner, their
right to call for information upon questions in which war and
jieace are concerned. They ought to maintain their right, and
maintain it in a very distinct manner, against this assertion on
the put of the President of the United States. Now, I should
l>e peifectly satisfied to refer the message to the Committee on
Foreign Allaire, whatever my foeiings may be in respect to
their firmness in resisting this claim set up on the part of the
President of the United States. If the Coihiiiittee on Foreign
Relations will lake it, and wi|l examine the constitution of the
United States, its principles, the history oi the administration
of the Government from that time to the prsseut, and will
make a report upon it, I shall he satisfied. As to a sclect
committee, I shall he perfectly satisfied that a select commit
tee should lie appointed by the Speaker, instead of referring it
to the Committee on Foreign Affairs. And, as a mark of re- ,
epect to the President of the United States, I should go for b
select committee, provided I am . not to be a member of it
I therefore myself, in the first place, hope that a select com
mittee, of which I filial! not be a member, will lie appointed ;
and if that is not in conformity with the opinion of a majority
of this House, that it shall be referred to the Committee on
Foreign Affairs. All the messages of the President are usu
ally referred. ,
I should say much more, sir, if I hud the power.
Mr. HOLMES, of South Carolina, said tie had no objec
tions to the message going to tho Committee on Foreign Affairs
or to* a select committee, but he had a very ^reat objection,
niter the remark* made by the venerable gentleman from Mas
sachusetts?whose authority upon this subje t would carry
great weight?that it should go to that committee prejudged.
That gentleman has remarked that the President had taken
high ground, and he admitted that it was no more than the ground
taken by Gen. Washington. But to avoid any conclusion
that might be drawn from that high precedent, the venerable
gentleman-endeavored ta negative that authority, and produce
in ariay against it the decision of the then Demoemtie House
of Representative*, who unquestionably did negative, as* far
as they could, the authority of that great character. He would
to God that the President of the United States, in every act
that he might in future da, should have not only as good au
thority, but as sterling reasons as for what this day he had
had the resolution and the magnanimity to do. If the name
of Washington, independent of the mighty associations that
war had thrown around him, acquired any additional lustre
in the administration of civil life, it was for the noble stand
he took in defence of the prerogative of the Executive upon
two great occasions?the one when, in issuing his proclamation
at a time when the Democracy were in phrensy to precipitate us
in mighty conflict with France, he had to breast himttelf to
the storm to save the country from its impending peril; the
other, upon an occasion when the House of Represen
tatives demanded to know from him all the secret negotia
tions that transpired respecting the treaty of Mr. Jay, and
he firmly stood up against denunciations the mcst violen
which would have been overwhelming to anv othe
against Executive power that ever came down u,ion an
in this country. And if President Polk had nu acted as he
had ; if he had revealed to this House, when tl ere was war
between the two nations, all the correspondence, which was
secret in its very nature, which might again he necessary to
be carried on for a similar purpose; if he had riven up the
power with which the constitution had investui the Execu
tive, he would have withdrawn from himself, and the country,
perhaps, one of the surest means of restoring peao-, by means
of private persons, or by men at the head of or connected with
the (iovernment of Mexico. It was well known that he was
no admirer of the President in many respects ; hut he was an.
admirer of the admirable balances in the constitution?the '
prerogatives of this House, of the other House, and of the
Executive?each designed for independent action, and in imi- :
tation of nature's laws, by their very antagonism producing
harmony. Upon this occasion, U upon no other, he (Mr. H.) !
gave htm the meed of his admiration.
Mr. MCHENCK said they were upon a trial of right, Inch i
he for one should like to see carried out to a fair conclusion,
!<etween the President and the Representatives of the People
of the United States. The House asked hiin for ccrtain cor
respondence and for the instructions to Mr. Slide!!, late Mi
nister to Mexico. They had been advised again and again
that in that correspondence, in thoae instructions?at leant in
what took place under those instructions between our Gov- '
ernment and the Government of Mexico?was to be found, in
a great degree at least, the justification of the war. The
?President came and asked supplies?men and money to carry
on this war?to maintain him in the portion, he said, of hon
orable, fiir dealing towards Mexico, with whom we were at
war ; and as the justification, they were told, was to be found ]
in connexion with the hiatory of this portion of the war, they |
inquired of him whether or not he could give them light upon 1
this subject; and he declined to d i so, and declined upon the 1
pretext that by it would be made public to the country and to
Mexico the matters in relation to the passport of Santa Anna
and the instructions of Mr. Slidell. The 111th rule ef this
House Jed as follows ; and he wished it to be read by
the Cierk ?
" ocVvri*'confidential eotflttiunieationa are rcceiv ?! iVora ;
me Prriidcnt 6f thfc United Slates, the House shall bedeared
of ail person*, except the members, clerk, sergeaut-at-arms,
and doorkecitcr, and so continue during >he reading of inch
communications, and (unless otherwise directed by the House}
during all debates and proceedings to be had thereon."
If the President of the United States (continued Mr. 8.)
had been willing to trust the representatives of the people of
the United States there would have been no difficulty about ?
this communication. He could have marked it "confiden
tial then it would have been the duty of the Speaker t>i have
advised the House that it was a confidential communication,
and to have had the Houae cleared of all persons except the :
members and officer*, while they took up the subject of the
information which was necessary for their wine and judicious
action in time of war.
What siid the President of the United States ' He iliil not
allude at all to the fact that he might have made it confiden
tial if he choae to do so ? he flatly, positively refused to make
any communication ; ami that in the face of the fact that he
miRht have made it confidential. He said, in olino?t direct
terms, to the representatives of the people, you are itot fit to 1
1* trusted with the question whether this should be kept secret j
or not; all that you have to do is to vote what appropriations 1
I ask ; do you lesp in the dark, at my bidding, and what I
fell you do you take as a settled bet no longer to l? made
question of. He (Mr. S.J held that the teprescntative* of the
l>eople of the United States, that Congress, when called upon
to carry on a war, ought to have all the light which the Presi- ,
dent or all the Department* could give ; and that to deny this
was to make a.direct issue between the President .if jhc United
Mtates and the representatives of the United State*, n? to their
capacity of judgment u|K?n such subjects. They were here,
in time of war, called to carry it on?either to carry it on
with a " vigorous prosecution" (to use a fav >nte phrase of
the President and hie friends) or in tha' way which would
lead most speedilyjto an honor*We peace ; but while they were
taking to know all about the history of this war, in order thst
tbey might form the best snd soundest judgm nt as to the
course which they ought to pursue, they were m-t by the Ex
ecutive, saying thst this was not the thing for them to do ?
thst sll they had to do was to hear his royal behev,, and mske
this place a " bed of justice," like the old Ftench Parliament,
in which nothing else was necea*ary except to regiatvr hi*
royal edicts. He (Mr. S.) wa* not willing thus u? leap in
t!ie dark j thus tamely to obey Executive order. If the in
' formation was of a delicate nature, if it was not to be made
i public, the President knew that the representatives of the
i fieople would have judgment enough to know it?to know
that the two hundred members of this body wire as well
i qualified as he to judge whether the interests of the country
would be advanced or not by keeping this mmt*, .ecret and
confidential. Hut, he says, " you are not ahlr to keep this
matter ? you do not ileserve to have it; you arc not of the
cbsracter which warrants me in giving it to you, and there
| fore, though I might make it contidentialiy, I will not make it
at all."
Who is there here (asked Mr. 8.) who is ready t0 ??go it
blind ,M Who is there so craven and miserable, so destitute of
the spirit of a freeman, or a representative of freemen, as to be
' willing to crawl to the throne and say to this monarch we re
( cognise the propriety of voor orders. Tell us what vou want,
we are ready to give it to you? we are ready to take from
you our instructions, and to go with you in all, matter* of
ippropriatious you mey see fit to require, asking no question*.
He was not willing. He wsnted to exercise his judgment {
he wanted to know nil the fact* 5 to know as much as fix
Executive knew. He wahted him compelled to give the in
formation to the Representatives of the People, or e!*? that
the Rep?esentative* of tho People take such a stand a* would
ultimately bring biui to terms.
! Me denied that the precedent of Washington'* admiuistra
Jion wan applicable here. It wan an evasion of the question.
Here was an absolute denial of ail information whatever.
It wu a trial, he repeated, betwean the power of the Re
prtseuta'ives and the right* and privilege* of. the Representa
tives of the people to vote and act judiciously and understand
; ingly, by reason of having all the facts before them; and the
President, who denied to them the right to have the facts, in
formation, and jight, said they had nothing to do but to act
in the dark and grant such supplies as he demanded. He was
glad the issue had been made. He hoped the subject would
not be referred to any standing committee, but that a select
committee would lie raised for the purpose of inquiring special
ly into this inattei, which did not belong peculiarly to the
Committee on Foreign Affairs, or to auy standing committee,
but referred to the privileges of the whole House, to the rights
of the representatives of the people, to a question between two
co-ordinate branches of the Government, unnecessarily, and he
must think almost insultingly, made by the President against
this House, and involving the rights of the whole people. A
select conmittee should be raised and the inquiry be made
what should be done to guard and vindicate the rights of the
House and of the people.
Mr. HOUSTON, of Alabama, rose, but said he should not
detain the House with any lengthened remarks. He desired,
however, to reply to some remurks, as he undei stood them, of
the gentleman from Massachusetts, (Mr. Adams;) for indeed
he did not hear them very distinctly, from the position which
he occupied.
But tiret he would say a word respecting the remarks of the
gentleman from Ohio, (Mr. Scbesck,) who seemed to desire
to know from the Piesident something of the character of the
war which they were called upon to prosecute. Now, with
what aort of grace did that come from a member of this House
who had already voUui under the solemn obligations of an oath
that the war was commenced unnecessarily and unconstitu
tionally > At an earlier period the gentleman from Ohio might
with some propriety have asked for information, but the time
was past; the gentleman from Ohio had taken his course, and
now, so far as inlormation was concerned, that gentleman might
t>e given over to hardness of heart and reprobateness of mind.
He desired now for a moment to compare this question,
which was at present occupying the attention of the House,
with that to which allusion was made by the President of the
United 8tates in the message on the Speaker's table, and on
which the gentleman from Massachusetts (Mr. Adams) had
this day commented. The gentleman from Massachusetts,
though he confessed he had not heard him very distinctly,
! contended that the ease now before the House differed from
! that which occurred during the Presidency of Gen. Washing
ton in this : that the call on President Washington was n?
mandatory, but was submitted to his discretion to decide upon
what papers he would communicate to the House. He re
peated that he did not hear the gentleman from Massachusetts
very distinctly, but such was his understanding of what the
gentleman from Massachusetts had said, and if his impressions
were not erroneous he would say a word or two in reply.
After pausing for a few moments Mr. Hovstox proceeded.
The geutlem^p from Massachusetts had not corrected him,
and hence he assumed that he was not mistaken ; he would
then proeeed to read to the House the resolution which c >n
stituted the call on President Washington to see if that call
was not as mandatory us the call upon Mr. Pollc. .
[Mr. H. read the passages to which he referred, but we
were unable to procure authentic copies of them.]
Mr. C. J. INGERSOLL called the attention of the gen
tleman from Alabama to an authority which he held in his
hand, which was understood to be Marshall's Life of Wash
ington, on the subject in question.
Mr. HOUSTON continued. He said he read from the
Journal, which gave ample information on the point under
I consideration, showing satisfactorily that tUe call on President
Washington was as mandatory in its character as the late call
1 of this House on President Polk. But Washington refused
to communicate such papers as existing negotiations rendered
improper to be disclosed. '
But there wps another point on which, while he was up,
he would say a word. President Washington, in his message
from which an extract had been copied into the message now
on the Speaker's table, after stating that which, to the com
mon understanding of every man, must appear evidently :
proper?that negotiations required secrecy, and' without se
crecy they could not be carried on?commented on the pjwer
4 he H "uuse to call for papers from the Ececutive. He took
'the ground to which the gentleman from Massachusetts had i
aljuded, that the House of Representatives was hound to carry
TJut all treaties. Upon that point the House of liepresenta
fives discussed President Washington's message for a consid- j
erable length of time in Committee of the Whole on the state
of the Union.
[Mr. H. here quoted the action of the House of Represen- '
tstives at the time alluded to, and recited the historical cir
cumstances in connexion therewith, to >how that the House
concurred in the propriety of President Washington's with
holding the papers called for.)
Let the House look at the message now on the table. A
call had been made on the Provident to communicate the in- j
st'uctions which he had given to a foreign minister who was
charged with the mission to settle difficulties existing between
this Government and the Republic of Mexico; difficulties
which yet existed. This call related to a transaction which
was not yet closed; to difficulties which yet existed, and
about which we have bien negotiating. We were not in jhe
position in which President Washington was when he refused
to give papers sought to be obtained, for in that case the treaty
had been reified and submitted to the House of Representa
tives, and they had l>een called upon to make appropriations
to carry it out. In that case, President Washington refused
to comply with the call because he believed it would be inju
rious to the public interests . and yet here the President was
arraigned as a tyrant because he withheld correspondence in
regard to difficulties which were yet open for adjustment.
The gentleman from Ohio, (Mr. Schixck,) with his char
acteristic fairneas and liberality, had thought |>ro(*er to appeal
to the prejudices of the people utid of this House, because
President Polk had done that which had been done by his
predecessors. This the gentleman from Ohio represented as
in fact saying to the House of Representatives : " You are
not fit to be entrusted with the secrets of the Government. I
have done so and so, and you mtut vote the supplies." It re
ally appeared to him that, when the gentleman from Ohio re
sorted to such a mode of attack on the President, he was driven
(o an extremity. Let them for .1 moment look at the prece
dents which the books contained.
Ha hc!d i!l ,lia k message to the House of Represen
tatives from President Monroe, in answer to a call of the
llouae of Representatives for informpt on relative to some dif
ficulty which had grown up in relation to Commodore Stew
art, which he requested the Clerk to read.
The Clerk read it according!}', ss follows t
" To the Hoimt of Jlepreientaiire* of the'United &>taif? :
" I should liatten to ceminunicateto you the documents call
ed for by the resolution of the House ot Representatives of the j
44It instant, relating to thv conduct of the officers of the navy .
of the United States in the Pacific ocean, and of other public
agents in South America, if such x communication might now
be made consistently with the public interest, or with justice j
to the (Mi-ties concerned. In consequence of several charges
which have been alleged against Commodore Stewart, j
touching bis conduct while commanding the squadron of the |
United States in that sen, it lias been deemed proper to sns
l>end him from duty, and to subject him to trial on those
charges. It appearing alto that tome of those charges have
been communicated to the Department by Mr. Prevott, politi
cal agent at this time of the United States at Peru, and here
tofore at Buenos Ayres and Chili, and apparently with his
sanction, and that charges have likewise been made against
him by citizens of the United Ststcs engaged in commerce in
that quarter, it has been thought equally just and proper that
he should attend here, as well to furnish evidence in his pot- i
session applicable to the charges exhibited against Commo
dore Stewart, as to answer such as have been exhibited against
himself. In this stage the publication ot those documents ,
might tend to excite prejudices which might operate to the in- ,
jury of both. It is important mat the public servants in every
station should perform their duty w ith ttdclitjr, according to the ,
injunctions oftlie law and the orders of the Executive in fulfil- 1
ment thereof. I'. is peculiarly so that this should be done by the
commanders of our squadrons, especially in distant seas, awl by
political agents who represent the United States with foreign '
rowers, for reasons that are obvious in both instances. It is
due to their rights and to the charactcr of the Government that
they be not censured without just cause, which cannot be as
certained until, on a view of the charges, they arc heard in
their defence, and after a thorough and im|iartial investigation
of their conduct. Under these circumstances it is thought '
that a communication at this time of those documents would
not comport with the public interest, nor with what is due to
the parties concerned. JAMES MONROE.
" WastfistiTov, Jascant 10, 1835."
He would read another very short me*?age of Mr. Monroe,
whirh, (bough somewhat dillerent in its character, bore on the
general question. It was aa follows :
*? To thr Hotigf of Rr.prrjxntative* of thr I nited Stale* :
" In answer to a resolution of the Mouse of Representatives '
of December '.'4th, requesting the President of the United
States to lay before the House such information as he may
possess, ami which may be disclosed without injury to the pub
lic good, relative to the determination of any sovereign, or
combination of sovereigns, to assist Spain in the subjugation
of her late colonies on the American continent; and whether
any Government of Europe is disposed or determined to op
pose any aid or assistance which such sow-reign or Combination
of sovereigns may afford to Spain for the subjugation of her
! late colonies abote mentioned, I have to state that I possess no
information on that subject not known to Congress which can
be disclosed without injur)' to the public good.
" Wa?hijiotos, JaiiaUt 12, Il8i"
He also held in his hand a message of Gen. Jackson, in re
sponse to a call of the House of Representatives, of which h#
would read the closing paragraph?in relation to differences
between the United States and the Republic of Buenos
Ayres :
" This fact, it is believed, will justifv the opinion I hsve
formed, that it will not be consistent with the public interest
to communiaate the correspondence and instructions requested -
by the House so long a* the negotiations shall be pending.
" Washikoto*, Die. 99, U39."
Thus, then, it would be seeu that President,* Monroe and
> Jackson, aud almost every other, douhlie**, if he had an op
portunity to examine the record* to show, had been, accord
ing to the argument of the gentleman from Ohio, (Mr.
Wihk.m k,) disponed to be destructive of the rights of the
House of Representatives, and unwilling to confide to them
the secrets of the Government. In the denunciations of the
gentleman from Ohio were included not only Presidents Mon
roe and Jackson, but President Washington, aud, if he mis
took not, the gentleman from Massachusetts (Mr. Adams) also.
Mr. BARtdNGKR desired to ask the gentleman from Ala
bama whether, in all the cases cited, the resolutions calling
for information did not expressly qualify the call by words
which gave the President a discretion in determining whether
their communication would bo consistent with the public in
terest ?
Mr. G. S. HOUSTON replied in the negative. He had
communicated one resolution to the House ol a different char
acter. With resfftct to the call on President Washington,
he would say, that the resolution which terminated in a call
was discussed in the House of Hep esentatives for many days ;
it was referred to the Committee of the Whole on the state of
the Union, and there long debatcJ ; and yet, alter that, Presi
dent Washington refused to comply with it.
He did not know that there was any thing further that he
could say that would throw any light on the subject. He
would only add, that, so far as the present message was con
cerned, there was ample authority to sustain it. President ;
Polk could entrench himself behind the authority of Washing
ton, and Monroe, and Jackson, without going into an examina
tion of the messages of others. Negotiations with Mexico '
were still an open question. The dilliculties between the two
Republics must necessarily be matter of negotiation. If,
then, the instructions to our Minister were published, they '
would be known to the world, and might embarrass negotia- [
tions. It was well known to gentlemen that when Ministers ,
were sent to foreign Governments, they had often given to them a
discretion if they could not obtain one object to accept another.
He did not know that that was the case in this instance, but
if it were, he asked the House if it would be proper at this
time to publish such instructions to the world ? If those in
structions were produced here, they would very soon find their
way into the newspapers. Even treaties confided to the Se
nate they had not been able to keep secret, for, in a most ex
traordinary and unprecedented manner, they had obtained
publicity while under consideration in Executive session.
What, then, would be the fact here }
Mr. TOOMBS desired to see this matter referred to some
committee ; but, not having had the opportunity which bis
friend from Alabama had bad to examine it, he was not satis
"e^Lwnat ttlat con,m,lt?e "hould be.
I ^ Reported'dMk',member 5 but he ? "arccly audible at
wa?Irn J0?^88 ^d??nly 10 remark th? the question now
was, not whethei the President of the United Slates mav not
' hcatlin woiChlC-,1,StanCeS Wilhh?ld infornMtifln. whose pub
I licahon would be inconsu.tent with the public service forlueh
| power must be lodged .here, but th
Wod*on thatV TT The KdedBi0n ?? t!ie Ho^'must de
pend on that fact, because, though the President may in cer
n circumstances withhold documents from the two Houses
, of Congress .t did not follow that he could caprTdously X
so whenever he chooses. This mesaaira sho..M y
tL'on V0mmUteA^ilh<iraepec'*,commUtce orthe Commft
tee on foreign Affair^-for examination. He was TeTL
confess, he repeated, that the power existed towTrhhotdi,!?
I ::TT !" Ule pubJlC in,ere8t8 would be injured by its
~:/n Ut,,Uehtion WM whether a11 the diplomacy
to he li f t ? .Ck '0,li connocled with this subjact ought not
e;?| V fhi , he C?Ty- Thc authoritifd which had been
lh? ? ! Sentlemari from Alabama were not germain to
ho question ; for no man disputes that under some cirr.um
stances information may be withhold. Whether the Presi
subiect^f 'I thC C0Wr" he had pursued would tie the
eia^t i'wfrM I XG?RS0L.L begged the gentleman fromGeor
g a to withdraw that motion to enable him to make an ex
planation. Mr. TOOMBS assented.
tonutth.iIXGER8ULL ,he" ***<*> in the first place,
to put the House in possession of what really did occur at (1*
.me referred ui by the gentleman from Alabama He held
t u of Gen- Washington by Marshall from
which he would read a few passages. * fr0m
of LVVae,hinTab)e *?lleTn re0<J ,8rge,'v from Ma^'airs Life
ami f I * . W ,hat' on tbe ""thority of Washington
and of Livingston?a gentleman who was entitled to area
consideration?the ground here assumed was asscited.]
-ni ^^the^.hori.y of Mr. Madiaon, Mr Living,ton
authority hU h which, to say the least of it, was very gn-al
j . J?had not l>een able to hear what had fallen
teraerattS a.mfh I? which was much to
?w2t h ' gcntleman ? K??t familiarity with the
whn! u (f.r'at frPe"ence, were all calculated to give
this Houle" r?Sa, T Wt ight ?n ,he minds of member8, of :
this House But, witliout knowing what that gentleman did
sub'muT, theVHo Pre,en,?d Kr"?t authorities, he desired to
.uigc^ons ' WUh 8feat dC'erenCe- one ? tw? brief
tinirJ I,1.?e/lr"t P'ace he begged to say that there was a dis
mus bl"h y ' gentlfman from Alabama, which
(Jv,oa* 0 evtfy m,?J. between the past and the
present. It must be remembered that President Washington
?o7kC^T? 10 hi" PMt in,!n,ciions, whereas Mr.
1 Oik was callnd upon to communicate those which relate to
fSSiTlfc ?" Anifurely ia tbk mu*t ???
a striking difference, as was shown by the gentleman from
In th?m"' g ? lentleman did not go half far enough
In the one ease, ,t was a case of peace, a'nd in the otherof
Oeoreia ^Mr* TPrCpar^ ?h? concede 10 the gentleman from
rr rw u T l?at ? P#rt 0f thc ?rSu?nt was cor
riaht on m.n? . and il mu8t exercife .he
onl from ^h toin?lon having communica
woa from the President, but it would not I* denied that
thi rt was also a large class of cases in which the President
c.^/XTr? il withhold information. In addition to
whTnTbe ? ,1 berrV8'Ve^ th'\'" W0U,J Teco,l^t the time
in thh, H, ?, ?"??" I'"1" 5fa"'achuM,,t?. landing in his place
,0lf t^,n t1hal ? 'arKe portion of the secret
. !y UndcrLh'" ^ministration had been disposed of; '
but to that hour it had not been made known how. Thii
day thing. And who in such cases
Znl S? jud^.?r lhe Pr?P"e?y of making the communi
eielv! t ^Te"dent WM ,hp J^'fte. And if the President
exercised his discretion imprope.ly, what remedy had this
th?? iT th? ''ower 10 impeach him, and
that was all it could do.
But a word or two reapecting the argument of the gentle
man from Ohio (Mr. Schick.) That gentleman said here
were two hundred gentlemen who were all capable aUo of
judging of this matter. Why, that was the very reason why j
information should often be withheld. No better reason could
be given than that furnished by tho argument of the gentle
man from Ohio. Even a smaller l?ody at the other end of thi?
^?pitolI could not keep fiom the public information privately
confided to it. How, then, could private instruction, be se
cretlj-commumcaled to a body so large as this without dan
ger of bring disclosed > But the gentleman from Ohio, in a
,k u , be ""PP0""'1 wa" ' l^uence, had intimated that
the 1 resident was a monarch, an.l that they were there toex
ICh.l ^ n W' [n h's jui)gm?n?, the question was
whether .he President was right or wrong. If the Preaident
was right, it was no monarchical power. It was a power
which ,n the nature or things, must be lodged in somebody.
by, then, should this go to the Committee on Foreign Af
. tf* , H" r*al,y c,"ul<1 "ot.eee what (hat committee bad todo
tin i'i L *ny a Kreat <fues'ion of constitu
' "!d' !( " V n pessary to commit if, it should be
committed to the Cotnmitiee on tbe Judiciary, or to a select
committee. It assuredly was not . subject which belonged to
the Commute, on Foreign Affsira. T|I0 P.esideM certainly
was fortified in his position by the opinions of many great men.
th- ^neW ,IOtL A1 would n,,w be in order to move to refer
this subject to the Committee of tbe Whole. If it were, he I
would make that motion before ha sat down , for what could
any standing committee do but make majority Aid minority 1
reports, just as in Committee of .he Whole they would have
majority and minority speeches >
Mr. TOMPKINS suggested to the gentleman from Penn
sj Iranm to embrace in his motion a proposition to make it
also the special order for an early day.
Mr. (,. I. INUBKSOLL asnented, and said he had no ob
jection to say to-morrow, except that it was private bill day.
-omcgentlemeri suggested Monday and others Tuesday.
1 he Pi fcAKER sucgested that to make it the special or
dcrjvould require a suspension of the Miles.
Mr. rOMPKINS said, if it could not be made the special
order for an ee^ly day, he should prefer a select committee.
Mr. SOHLNCK thought the best way to consider it was
1 to send it to a committee, and get a report upon it, which
they could have printed
Mr. C. J. INUER-OLL repeated that .here wouM lie ma
jority and minority reports, as well as speeches. The beat
course would be to send it to the Om.mttee of the Whole on
the state of the Union, and make it the special order for some
early day, which could be done on Monday next.
1 ^11 "a''' h" had been desirous that this sub
ject should take the n?u*l course, lie referred to a committee,
(whether a special committee or one of the standing commit
tees he cared not,) and then to a Committee of the Whole
House, and then a regular discussion lie hsd. But gentle
men on the other aid? seemed'unwilling for this ; they had
[ commenced their remarks and seemed all ready prepared and
1 15"j * discussion, with their authorities liefore them
all dog-eared down and ready for r?ference, while those on
Mr. C. s aide of the Houae had neve* left their seats since
they heard the message for (he first time.
Mr. I HOMPSOX, of Mississippi, here interposed, and
| wished to be allowed to move for the printing of tbe messsae s
but Mr. COLIiAMER declined to yield tbe floor.
He proceeded to remark that what was said on his own side
j of the House was merely in answer to an tx parte argument
that seemed to have been already prepared, cat and dry, on
I the other aide.
Mr. HOUSTON said something, not distinctly heard by
the Reporter, but understood to be a disclaimer of preparation.
Mr. COLLAMER said that though they on his aide had
not enjoyed the opportunity from a previous knowledge of the
content* of this Executive document to digest at leisure an
argument in reply, yet what had been said in defence of the
message ought not to be permitted to go off as if there \gas no
answer to be made to it. Mr. C. should speak to the case as
he understood it, as the gentlemen on the other side had put
it, and as the President himself put it. The ouly precedent
quoted and relied on by him was the case of Jay's treaty and
the action which was had iri regard to it. Let us see what
was the decision of the House of Representatives on President
Washington's message refusing the correspondence ;uked for
by resolution. The ground insisted on by Washington was,
that as the treaty negotiated by Mr. Jay with Great Britain
had been ratified by the Senate, it became, according to the
?(provision of the constitution on that subject, the paramount
law of the land, and as such bound all, and bound the House
of Representatives with others. It bound the House to vote
the requisite supplies to carry the treaty into effect, since it
was always the duty of that House to provide for carrying a
law into effect until it was repealed. As a treaty, therefore,
was a law to all, and could not be repealed, it was a law to
Congress, and they were bound to make the nccossaruppro*
pristions to fulfil it. As to the papers called for, thePresi
dent said he had submitted all of them to the Senate, who
were the proper authority to judge of the propriety of the treaty.
Mr. C. said that he did not find on the record that this ground
taken by President Washington had been overruled by the
House. It was true that the House had afterward voted the
supplies, but had not any where denied the positions taken in
the message.
Now, if the existing President put his present refusal to
furnish the correspondence with Mr. Slidell on this precedent
of the refusal of Washington in the case of Jay's treaty, what
were the necessary correlatives to constitute the one a justi
fication of the other > When Congress declared war, but
without any manifesto, they delivered the war over to the Ex
ecutive, to carry it on at his discretion, he being the ?ole
judge of the mode of doing this. He might carry it on and
bring it to an end in any way that might seem to him best.
Congress had lost all control of the matter; they had given it
all over to the President, and therefore had no right authorita
tively to demand any further information from him in regard
to it. Now the ground taken by the President was, that this
case of the war with Mexico wat a parallel case to that of
Washingtpn in relation to Jay's treaty. But no power of
logic could fcljow it to be parallel. The comparison not
only did not run upon all four*, it had not as many as two
legs to run on. It was said (hat Congress had made the war
? and committed it to the President to carry it on at hii discre
tion, and therefore Congress had no right to demand these
papers from him. Was this so ? Were the cases alike }
VV ere gentlemen prepared to say that Congress, by declaring
, this war without any manifesto of the reasons, so committed it
unconditionally to the President's management and control
I that they had lost thereby all control of the subject } If so,
then this was a parallel case, and Congress was bound to give
the President whatever he asked, and to demand no explana
tions or information he chose to withhold.
1 Mr. C. said he was aware that there were some gentlemen
not a little inclined to this view of the matter. Many seemed
to think that, ns the nation was at war, Congress must appro
priate for the expenses of the war, and the President must
, conduct it in his own way. 80 he must, if it was left to his
discretion. That was the only thing left him to do : he had
no choice : he must, in that case, be governed by hit own
discretion ; and the whole duty of Congress consisted in sup
plying him with the requisite means.
But Mr. C. denied that because Congress had not, at the
. time it declared war to exist with Mexico, declared the pur
pose or ends for which it should be waged on our part, there
fore it could not make such declaration now. Suppose that
the President should now say that in his discretion the war
should be carried into Great Britain, was it possible that Con
gress had no voice or control in the matter, hut must vote
him the men and money to do so ' Had the judgment of the
President obligatory force on that House ? Had they lost all
control of it } Mr. C. utterly denied it. He insisted that
the same power which made the war might, at any time, de
clare the ends and objects for which it should be waged, and
for which alone ; and might graduates its supplicj of money
and of men to meet that end and provide for it, and for it only.
Mr. C. did not see the President was so much to blame
for using his own discretion when Congress had given him no
other guide. All Congress had to dc was to manifest their
will as to the end for which the war should be carried on. If
the President told them he was going to conquer all Mexico,
and Congreas did not approve of that purpose, all thry bad
to do was to giant men and money on condition that the pur
pose it did like should 1? the end to which alone they should
be applied. Put that in their bill, and then the President
would have a guide.
Mr. C. did not intend now to go into the subject; but he
said that because Washington thought and diclared that he
had communicated the ^pers asked for to the only proper
organ to judge of treaties, and that Congress was Itound to
make the appropriations to carry Jay'* treaty into cflfect, no man
could make that a case parallel with this unless he could .first
show tlmt Congress had lost all control of the conduct of the
war, and was forced to conform itself to the discretion of the
Mr. TOMPKINS moved to postpone the subject to Tuesday
next, to make it the special order for that day, and that the
message be printed ; which motion prevailed.
And the House adjourned.
Thi*Rsi>at, Jaxcabt 18, 1848.
On motion of Mr. Clat, Jcwsr Titub, Esq. of Pennnyl
**ania, and Nathanikl B. Hoxix, Esq. of New York, were
admitted Attorneys and Counsellors of this Court. And on
motion of Mr. Wihster, Fkf.iikrick A. Tallmadoi and
Natha* K. Hall, Esqs. of New York, were admitted At
torney a. and Counsellors of this Court
No. 3. Chaa. Patterson v?. Edmund P. Gainea and Myra
his wife, on appeal from the Circuit Court of the United
8tates tor Louisiana. Mr. Justice Watxk delivered the
opinion of this Court, reveraing the decrer of the said Circuit
Court in this cause, and remanding the same to the said Court
with directions that a decree ahall be made in the aaid Court
in thia case declaring that a lawful marriage was contractcd
n Philadelphia, Pennsylvania, between Danivl Claik and
Zuline Camera, and that Myra Clark, now Myra Gainea, ia
the lawful and only chikl of that marriage ; that the aaid Myra
is the forced heir of her father, and is entitled to four-fifths of
hia estate after the excesaive donation in the will of 1811 ia
reduced to the disposable quantum which the father could le
gally give to otbera t that the property deecribed in the answer
of Charlea Patterson was a part of the estate of Daniel Clark
at the time of his death ; that it was illegally sold by those
who had no right or authority to make a sale of ft; that the
titles given by them to the purchaser and by the purchaser to
the defendant, Charles Patterson, including those given by
the buyer fiom the firat purchaser to Charles Patterson, are
void, and that the aaid property* is liable as a part of the ea
Ute of Daniel Clark to the legitime of the forced heir, and that
the defendant, Charles Patterson, shall surrender the same as
shall be directed by the mandate of this Court amongst o'her
things to be'done in the premiaea.
No. 145. Mary Ann Van Ness, plaintiff* in error, i>?. Cor
nelius P. Van Nrsa, administrator of John P. Van Nesa.
The argument of the motion to dismiss this writ of error was
concluded by Mr. BaADLtr in support thereof.
No. 4. Henry Maihrwson, appellant, vs. John H. Clark,
administrator of Willard W. Wet more. The argument of
thia cauac was commenced by Mr. A. C. Grkihe for the ap
Adjourped till to-morrow, 11 o'clock.
[nr TtLUiAM r*OM sr. lot.s, nsn.r IS.]
Dates from Santa Fc have been rrcpived nineteen days later
than previously received. Their Legislature hod asaemblcd,
and A*owar had been elected 8peaker of the House of Rep
resentatives and Awtojio Sawbival PreMdent of the 8enate
of New Mexico. Governor Vio 11 had sent in hia measage,
but ita contenta are of little interest. A hill has been passed
authorixing the election of delegate* to take into consideration
the annexation of New Metico to the I 'nited States.
Oen. Pair* had arrived at Santa Fe on the ISth of Decem
ber, and constituted Vioit Governor of the Territory. Sixty
eight deatha had occurred in the first battalion kince it left
The steamship Portland arrived a;-New Orleans on the 1st
instant from Vera Crux, whence she sailed the evening of (he
24lh ultimo. Her advices are but a few houra latar than those
brought "by the New Orleana. Hhe brought over ore hun
dred and eighty five discharged soldieis and the following cabin
passengers 1
Lieut. Col. W. F. Biacoe, Louisiana volunteers 1 Capt. J.
McClellan, topographical engineers t Capt. Frnncia Warring
ton, Louisiana battalion ; Capt. Burry and Lieu'. Mabbit,
Baltimore battalion ? Lieut.'J. M. L. AdJieon, mounted rifle
men ; Lieut. Samuel Douglas*, 4th regiment Ohio tolunleerst
Lieut. E. Lewis, 2d regiment Illinois volunteers ( Lieut. James
I Wilkinson, Louisiana battalion 1 Lieut. E. Earle, Palmetto
regiment; Lient. Abel Moore, 4th regiment Ohio volunteers.;
Lieut. *J. Selden, 8th infantry. Lieut. J. O. Knelling, do do. \
Lieut. T. Smith, 14th infantry; J.ient. Wm. Fox, 1:1th in
' fan try ^ Midshipman J. Gale ; 8. L. Phelps, U. 8. N.

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