g%grVj-s remarked, ' that is a test ques- tion !' and Mr. Adams asked the mover to withdraw the motion, to allow him to re- ply to the argument with which the motion had been prefaced by himself, [Mr. CrSHMAN.] "Mr. Mercer asked what would be the main question; to which the Speaker replied, on the adoption of the resolution offered by the Committee on Foreign Affairs, to discharge that committee from the further consideration of the subject. " The vote on seconding the motion for the previous question stood, ayes 74, noes 81 ; so there was no second : and the question recurred upon the resolution offered by Mr. CrsHixG, to recommit, with instructions. (See above.) " Mr. Howard then took the floor ; but the hour appropriated to morning business having elapsed, the House, on motion, took up the order of the day, and went into ■Committee of the Whole (Mr. Craig in the chair) upon the pre-emption bill." The following are the proceedings of the House on the 14th of June, ■as reported in the National Intelligencer of the 15tli : "TEXAS. "The House then resumed the unfinished business of yesterday morning. " And the question being on the following resolution, reported yesterday by Mr, iDHOMOooLE, from the Committee on Foreign Affairs: 13 *' 'Resolved, That the Committee on Foreign Affairs be discharged from the fur- i her consideration of the whole subject, and that all the papers relating thereto, and to them referred, be laid on the table' — " And on the amendment thereto by Mr. Gushing. " Mr. HowAHD rose, but yielded the floor at the request of " Mr. W. Thompsox, who moved to amend the amendment as follows : '* Strike out all after ' instructions,' and insert ; ' To report a joint resolution, di- recting the President to take the proper steps for the annexation of Texas to the Uni- ted States, as soon as it can be done consistently with the treaty stipulations of thi8 Government.' " Mr. Howard said that he regretted that the proposition of the gentleman trom New Hampshire [Mr. Cxjshman] for the previous question had not been sustained yesterday by the House. He could not anticipate a single good result from the pro- longation of a general debate upon the subject of Texas, but, on the contrary, many evils, even greater than the useless consumption of valuable time. As the vote of the House, however, had been against the previous question, he had risen yesterday to vindicate, as far as he could, the Committee on Foreign Affairs from the implied charge of failure to perform a duty intrusted to them by the House. The amendment now offered by the gentleman from South Carolina [Mr. Thompson] gives to the question an entirely new aspect, and he would be compelled to digress from what had been his sole, and still was his main purpose, in order to make some remarks upon the new state of the case. The House was master of its own actions, and could, no doubt, originate a proposal for the annexation of Texas to the United States ; but a committee could only act upon the matters referred to them, and he intended to show that no proposition had been heretofore before the House, and, consequently, the com- mittee could have made no other report, with propriety, than the one which they had rpade. A reference to the Journal would show that, at an early period of the session, the House had, by the decisive vote of 127 to 68, (five more than a majority of the entire House,) determined to lay upon the table all memorials upon the subject of Texas. All committees ought to regulate their action by the expressed will of the House. He thought this position would not be disputed. The subject would, there- fore, have slept upon the Clerk's table, if a petition, presented afterwards by one of the delegation from Maine, [Mr. Notes,] had not been referred to the Committee on Foreign Affairs, when the attention of the House was not called to it. Jurisdiction having been thus given to the committee by the reference of this straggUng petition, there ceased to be any objection to the adoption of a resolution offered by the gentle- man from Massachusetts, [Mr. AiiAnrs,] sending to them the entire mass of petitions from individuals, the magnitude of which might be measured by cubic feet, and, also, the resolutions of several Legislatures, which had expressed their opinions upon the subject. But he did not consider these papers as raising a question. They were only intended, he thought, to bear upon the question after it was raised in some other way, At the extra session we had printed and circulated a large edition of the correspond- ence between Mr. Forsyth and General Hunt, and, although the proposition for an- nexation was not entertained by the President, yet there was a reasonable ground for supposing that the subject might be renewed, and all these evidences of public opin- ion were probably prepared to meet the contingency when it should happen. But it had not happened. The documents before us show that it had not. On the 4th of August, 1837, General Hunt addressed a letter to the Secretary of State, proposing the annexation of Texas to the United States ; and in his reply of the 25th of August, Mr, Forsyth not only declines the proposition, but even declines to reserve it for future consideration. No language could be more explicit than this. It was impos- sible to mistake it. The Minister Plenipotentiary of Texas, in his answer of Septem- ber 12, showed that he did not mistake it, as will be evident from the following paragraph : "^ The undersigned most respectfully assures the honorable Mr. Forsyth, and, through him, his Excellency the President of the United States, that the prompt and decisive rejection of the proposition for the annexation of Texas to the United States will not be imputed to an unfriendly spirit towards the Government and People of Texas.' " The prompt anddecisive rejection of the proposition. It was, indeed, so. There was no proposition, therefore, pending before the Executive branch of the Governmentj 14 and, of course, this House had none before it, derived from the documents communi- cated by the President. From what quarter, therefore, could any proposition have come, so as to place before the committee a subject upon which they could act ! There was none from Texas, and he thought there was none either in the resolutions of Legislatures, or petitions of individuals, which had flooded the House in such numbers. ' 'At this point the morning hour expired, and the discussion went over to to-morrow. " But note that the motion to recommit the report witli certain instruc- tions was made by Mr. Gushing, not as an amendment to the resolution reported by the majority of the committee ; and that the resolution moved this day was as an amendment to the resolution of Mr. Gushing. It was made by Mr. Waddy Thompson, of South Garolina, and brought the question, both of the constitutional power of Gongress, and of the exoediency of annexing Texas to the Union, directly* before the House. The proceedings on the loth of June, rendered memorable by the speech of Mr. Howard, chairman of the Gommittee on Foreign Affairs, were as follows : "ANNEXATION OF TEXAS. "The report of the Committee on Foreign Relations concerning the Texas ques- tion being resumed — " Mr. Adams, by leave, made a motion to recommit the report to the Committee on Foreign Relations, with instructions to report the followmg resolutions : " ' Resolved, That the power of annexing the People of any independent foreign State to this Union is a power not delegated by the Constitution of the United States to their Congress, or to any department of their Government, but reserved by the People. " ' That any attempt by act of Congress or by treaty to annex the Republic of Texas to this Union would be a usurpation of power, unlawful and void, and which it would be the right and the duty of the free People of the Union to resist and annul.' " Mr. HowAKD said that he concurred entirely in the report which the gentleman from Virginia [Mr. Dromgoole] had made on behalf of the Committee on Foreign Afl'airs, which recommended that all the papers relating to Texas should be laid upon Ihe table ; and it might appear inconsistent in him to address the House upon a sub- iect which that report, thus receiving his approbation, considered as not being before the House. But it would be remembered that on yesterday a motion had been made to recommit the report with certain instructions, the adoption of which would of course imply that the committee had erred in their judgment. It was, perhaps, his duty, certainly his right, to endeavor to show that the committee had not erred ; and with fhis view, he had, on yesterday, referred to the correspondence between Mr. Forsyth and General Hunt, and deduced from it what he thought a clear inference, that no proposition was now pending before the Executive branch of the Government for the annexation of Texas to the United States. He had read the letter of the Secretary of State, dedinins; even to reserve tlie proposition for future consideration, and the acknowledgment of General Hunt, that this was a prompt and decisive rejection. The gentleman from Massachusetts, [Mr. Ctjshing,] who dissented from the report of the committee, had said (as he, Mr. H., found it in his printed speech) that 'this proposition was pending now, and in force ; and not, as the late report of the Secre- tarv of State would seem to intimate, withdrawn from the cognizance of the Govern- ment.' This, then, was the issue which the House had to decide. He could not, for his own part, conceive how a rejected overture could be still pending. Texas was certainly not bound by it. If the President should change his mind, and announce to the Minister from Texas that the proposition would be received and discussed, and should find that, in the mean time, Texas had entered into negotiations with Eng- iand, or any other Power, could that Government be justly charged with a breach of faith 1 Certainly not. The answer to such a charge would be, that when the United 15 ' ■ States promptly and decisively rejected the overture for annexation, Texas was left free to pursue whatever other course she chose ; both parties were precisely in the same relative position as they were before the proposition was made. The conduct of Texas herself proved this. A treaty had since been made, (as we are informed in the papers, by the member of this House from Arkansas, upon authority which he considers unquestionable,) between the United States and Texas, for the arrangement of the boundary line between them : and certainly the conclusion of a treaty between two independent Governments was at variance with the attitude in which the gentle- man from Massachusetts [Mr. Gushing] desired to place them. There was, there- fore, nothing before the House in the shape of a proposition emanating from Texas herself, upon which the House, or any committee, could act. " Neither was there any specific proposition brought up by the memorial or resolu- tions of any Legislature of a State. He held in his hand the proceedings of the Legislatures of Massachusetts, Ohio, Tennessee, Alabama, and Michigan, which he would not analyze minutely, because it would occupy too much time ; but he would content himself with saying that they all expressed their views in anticipation of the question when it should regularly come up, rather than their intention to bring it up. If any one should controvert this, he would endeavor to fortify himself by a particular examination of these documents. As to the numerous petitions of individuals, remon- strating against the annexation of Texas, he supposed that these persons would be satisfied as long as Texas remained out of the Union, and, at all events, until she again expressed a desire to come in. Many of these petitions loere signed by women. He always felt res^ret ivhen petitions thus signed tvere presented to the House relating to political matters. He thought that these females could have a suf- Jicient field for the exercise of their influence in the discharge of their duties to their fathers, their husbands, or their childreti, cheering the domestic circle, and shedding over it the mild radiance of the social virtues, instead of rushing into the fierce strug' gles of political life. He felt sorrow at this departure from their proper sphere, in ivhich there luas abundant room for the practice of the most extensive benevolence and philanthropy, because he considered it discreditable, not only to their own particular section of the country, but also to the national character, arid thus giving him a right to express this opinion. " But the gentleman from South Carolina [Mr. Thompson] has ofiered an amend- ment, which brings directly before the House the propriety of making an offer from the United States to Texas to receive that country into the Union. He would thank the Clerk to reaiation is in some danger of war with another country, and this Govern- ment is called on to enact laws for restricting its own citizens from giv- ing aid to foreign rebels in its own borders. 51 " With regard to the subject of annexation, Mr. Swift said he felt bound to vote in accordance with the known wishes of his constituents, who were opposed to the withdrawal of the proposition. There was another reason, of some importance, that had a bearing on the question. The withdrawal of the proposition would crush the hopes of thousands of emigrants from the United Slates who were daily pouring in upon our shores, buoyed up by the anticipations of a speedy union of this country with the one they had left. Whence, in any future time of need, are we to look for that aid which had already enabled us to roll back the tide of Mexican invasion, and hold out defiance to the tyrant of the West 1 Will it come from England 1 Will Eng- land marshal her chivalry upon our prairies, or open her thunders upon the Gulf, in response to our call 1 No ! To the People of the United States we are indebted for what we have achieved, and for being what we now are," &c. Now, manifestly, as it was the wish and desire of the chairman of the Committee on Foreign Affairs that the annexation should be accom- plished, yet it could not but have been anticipated that that committee would have thought the subject one worthy of its consideration. The fact was, that committee were in favor of the consummation of the thing. The rules and orders of the House made it their bounden duty to report on it : and it was equally their duty to inquire into the principle of the right of any department of this Government to consummate such a pro- ject as the annexation of a foreign People to this Union, without the ex- press sanction of the People of this Union themselves. In his (Mr. A's) opinion it was a paramount duty to look into the resolutions and memo- rials submitted to the committee, to see whether or not such a principle was contained therein, and to report thereon. The nation had a right to know the opinions of the House on this question ; and the House had a right to demand the opinions of the committee thereon, in order to discuss and to settle it properly. Besides the seven Legislatures, whose proceedings upon this subject had been laid before the House, Mr. A. said there were yet others which have acted, slthough not decisively, with regard to it. Even in the very paper from which he had been reading a report of the debate in the Texian Legislature, and which he still held in his hand, there was a statement of a transaction in the House of Assembly of the State of New York upon this subject. The paragraph was as follows : "The Assembly of the State of New York, by a vote of 80 to 13, [only about seven to one, Mr. Speaker, said Mr. Adams, of the Representatives of 'the empire State,' 'fresh as possible from the People,'] have adopted the following resolution ; "Resolved, That the admission of the Republic of Texas into the Union would be entirely repugnant to the will of the People of this State, and would endanger the union of these United States." And what (continued Mr. Adams) is the Texian commentary on this resolution 1 Hear it : " We little thought the empire Stale would be found taking the lead with the abo- litionists.'" Another repetition (said Mr. Adam.s) of those artful attempts which have been made in various quarters to represent that portion of the Peo- ple of this country opposed to the annexation of Texas as being identi- cal with abolitionists. " When, true to her great name, she so nobly cas^t from her bosom that foul off- spring of ignorance and bigotry, political anti-masonry, we fully believed that a new and bright career was opened before her." 52 Sir, (said Mr. A.,) I recommend this passage to my friends and co- anti-masons ; for, sir, having been one of that party myself, I cannot but take this as one of the greatest compliments ever paid to it from any quarter. " But when we behold her again bowing her proud head, and yielding herself up to the vile influence of the most despicable and degrading of political crimes — abolitionism — we cannot but look upon her with mingled feelings of abhorrence and regret." Hear that, (said Mr. Adams,) Representatives of the State of New \ork ! Bow, bow subniissively to the burden of Texian abhorrence which has so calamitously been cast upon you ! * ' And fear that she is sinking into an abyss of odium, from which even the bright names of her Clintons, her Fultons, and her Livingstons, can never rescue her." That, sir, (said Mr. Adams,) is Texian morality. These, sir, are Texian politics ! And on whom are they herein brought to bear 1 On the Representatives of the People, freshly chosen, to sit in the General Assembly of the empire State of New York, in the proportion of 80 to 13! Now, Mr. A. did not doubt but that information might have been trans- mitted from the city of New York to some of the members of the Tex- ian Legislature, informing them that the State was not opposed to the annexation, and that her Representatives were, seven to one, abolition- ists ; that was very probable. And the editor of the Houston Telegraph might have made up his opinions from such information. Nothing more likely. But the result of the whole matter was this : it was emphati- cally the duty of the Committee on Foreign Affairs to consider deliber- ately, and report decisively, upon the feeling existing in the country upon this question, Noith and South, as well in the State of New York as in that of Alabama, or any Southern State. Thus the question would have been brought properly and palpably before the House, and then it could have been ascertained " who was for the Lord, and who was for Baal ;" who was for the annexation of Texas, and who for the purity of the Union; when an opportunity would have been allowed to some of the Representatives on that floor from the denounced State of New York to show themselves more true to their country than to their party, and thus to maintain here the declared will of their constituents, that they desire no connexion with this " great and glorious" slavery- restoring Republic of Texas, Mr. Adams said that he still hoped that such a vote, by yeas and nays, might yet be taken in that House. And it was this hope that, to his mind, afforded strong rea- sons for wishing the whole subject to be referred to a committee, that would bring in an argumentative report upon it, and in which the rea- sons, ]:>ro and con,^ should be stated at large by the committee- He be- lieved that the resolution which he had been commenting on had been checked and defeated in the Senate, after so triumphant a passage by the Assembly, by the friends of the National Administration — " the Northern Administration with Southern principles," as it had been called. It was stopped by them, contrary to the deliberately declared will of four fifths of the People of New York, of that " democracy of numbers," of v^'hich so much had been said by certain political leaders; and this, for fear that its passage might disagreeably affect the popularity of the head? of that Administration. If he was in error in this suppo- 53 sition, he should no doubt be corrected by some of the delegation from that State in the House. A similar opposition had manifested itself in Pennsylvania. With regard to the question of annexation in the Legislature of that State, he had, however, no official documents before him. But he felt warranted in the supposition that the same influences were at work, operating there, as in the Legislature of New York, A gentleman from that State, near me, said Mr. A., [Mr. Potter,] shakes his head. Do I understand by that that the portion of the Pennsylvania Legislature who passed the resolutions with regard to Texas were unfriendly to the present National Administration 1 [Mr. Potter here rose, and remarked that the majority in the House of Representatives of Pennsylvania were hostile to the Administration. Why the resolution in question was not acted on by the Senate of that State, he was entirely unable to say,] Wei!, then, resumed Mr. Adams, in the absence of certain informa- tion upon the subject, he would leave Pennsylvania where she had left herself; but he still trusted the day was not far distant when the People of that State would express themselves through their Representatives with relation to this subject, as clearly and decidedly as those of New York had done. For he did not in the least doubt that the non-action of the Senate, as well as the action of the House of Representatives of Pennsylvania, upon the occasion alluded to, did not express the real sentiments of the People of that State ; nor did he doubt that, had this ♦been faithfully done, tlie sentiments of the People of that State would have been found identical with those of the People of the State of New York upon this important question. Mr. A. next adverted to the fact that the Legislature of South Carolina had acted upon this question, and had adopted certain resolutions with regard to it. Those resolutions, however, had never been presented to the House ; why, he could not say. [Mr. Elmore here remarked that such resolutions had, indeed, passed the two Houses of the South Carolina Legislature, unanimously. But they had not yet been forwarded to the Representatives of that State in Congress.] Mr. Adams resumed. That, of course, sufficiently accounts for their not being presented here. Yet it was most obvious that thev had ope- rated as strongly upon the action of gentlemen from that State on this floor, as he hoped that those would do upon the Representatives from New York, which had been adopted by so overwhelming a majority of the House of Assembly of that State ; especially as there was a Repre sentative from the State of South Carolina upon that floor, one of the ablest members of that delegation, and of the House, who was a member of the Committee on Foreign Aflairs, and who had declared in his place that he had not looked into one — " no, not a single one" — of all the me= morials and State resolutions referred to that committee by the House, Perhaps, the reason with him for acting thus was, that the resolutions from his own Legislature had not been forwarded to him officially ; and that, therefore, it was not his duty to look into the proceedings upon this subject of other Legislatures. Mr. A. was sorry that this was so. He was sorry to observe the progress of this principle of suppressing in that 54 House ; for lie considered this action, or rather non-action, of the Com- mittee on Foreign Affairs upon the matters referred to them as a part of that general system of siippi-essing. He looked upon it as a matter of far greater consequence and moment than the currency questions which agitate that House so constantly, and which, compared with this import- ant subject, he considered to be but as dust in the balance, and not worthy to be named. While he was upon this subject, he begged leave to address a few words to the friends of tiie Administration in this House. The system of suppressing freedom of petition and freedom of speech upon that floor was one that was bringing upon the House the deepest obloquy. He believed it to be the chief cause of the odium into which the Administra- tion had fallen of late. The adoption of this principle had been carried at the dictation of slaveholders, who had been suffered to carry into effect the proceedings of an unconstitutional conventicle of that and the other House, in which that principle was concocted, and from a participa- tion in which concoction the Representatives from free States had been excluded. And yet they had suffered that conventicle to bring up their odious resolution, and cram it down their throats, telling them, in effect, this is our law, and you must take and swallow il, no matter how difficult to digest it ma}' prove, if not to you, to your constituents. And (added Mr. A.) there is the list of yeas and nays upon your Journal, in which you may see who these Representatives from the free States were. [Mr. Legare here rose, and asked if the remarks of the gentleman from Massachusetts were in order, under the pending motions to amend. The Chair replied that the amendments under consideration opened the whole subject of the annexation of Texas, and the propriety of a reference of that subject to several different committees. Still, a discus- sion of a topic distinctly separate from these would not be in order. The Chair was not prepared to decide that the gentleman from Massa- chusetts was out of order.] Mr. Adams resumed. He would saj' no more upon the point at which he had been interrupted. He would spare the feelings of the gentleman from South Carolina, [Mr. Legare.] He had been addressing the friends of the present Administration who represented upon that floor the People of the free States, and had been reminding them of the odium and discredit which had been by them brought upon the Administration of which they were supporters, by suffering this gag to be forced upon them, to the suppression of all debate on subjects which it is the peculiar province of the body of which they are members to consider. If it had been their object to bring odium on the Administration, they could not have done it more effectually. [Here Mr. Boon rose, and said that he had been toasted in Indiana, at a large popular meeting, where three thousand people of all political par- ties were present, for the vote he had given on the occasion alluded to,] Well, sir, (resumed Mr. A.,) I hope the toast gave the member from Indiana great consolation. [Laughter.] But the toast does not at all interfere with my argument or my exhortation. And how was this sys- tem of heaping odium upon the Administration by its own friends begun? With a resolution passed through the House by the previous question, on a report made by a gentleman from South Carolina, now not a mem- 55 ber of this House, [Mr. Pinckney,] This, sir, is the point of com- mencement. This was the first that we heard, sir, of this House violating the right of the People of this country to petition, and that of their Representatives to speak, upon this tioor. Sir, I will do justice to the members from South Carolina, and some others, who were ashamed of this proceeding, and who endeavored at the time to put a stop to its progress, taking, as they boldly and frankly did, the ground that the House had no right to act in any manner upon the question. But those «-entlemen were in a minority of their own friends, and were obliged to submit to the majority in this matter. At length, they were in favor of receiving these petitions, «fec., and then passed an order that they be not read or considered. And it was this proceeding on the part of the House, Mr. A. would repeat, which had brought such a weight of odium upon the Administration, which was in so large a majority at that time in that House. It was an unworthy evasion of the question the House was called on to meet ; there it began, and ever since, from that time to the present, all petitions, n)emorials, and resolutions, in any way relating to slavery and the slave trade, have been laid on the table, without con- sideration, or even reading ; and this was the process whereby the right of petition had been broken down. [The Chair interposed, with the remark that this subject was not before the House.] Mr. Adams resumed. He had been showing that the House had fallen under the general odium, by reason of its having systematically sup- pressed the sacred rights of speech and petition ; and he had been about to show that that odium had been greatly deepened by the course pur- sued by the House with regard to petitions and legislative resolutions upon the Texas question. He was proceeding, he said, to show that the proceeding of the Committee on Foreign Affairs with regard to the sub- jects referred to them, and which were now under consideration, was a part of this system, and was urging upon the friends of the Administra- tion, in consideration of their interests, and those of their constituents, the expediency and importance of restoring the better slate of things that once existed, when the sacred rights which had been violated were recognised and protected upon that floor. He now came to another step in the progress of this system of sup- pression. This was, to lay on the table all papers that might be offered relating to Texas. This proposition was for some time systematically made, sometimes in one form, and sometimes in another, by different members. The chairman of the Committee on Foreign Affairs [Mr. Howard] had designated these propositions as disturbing causes of excitement, &c.,and had told the House that the subject ought not to be discussed, that it was best to let it alone, and that the House should not act the tragedy of Agitation, but the pantomime of Hush. This was another step forward in the work of suppressing the freedom of petition. The next he would mention was that taken with reference to the peti- tions upon the Indian relations of the country. Though the cases were different in character, yet the process having been once instituted, it went on, and swept away all these Indian petitions and memorials in ns path. There had been presented to the House the petitions of fifteen thousand Cherokees, and hundreds of petitions from the People of the 56 United Slates, upon this subject; and what had been done with them? By " inadvertence," tlie motion to lay on the table the Cherokee peti- tions was by a majority of one vote rejected ; but very soon afterwards the party rallied again, a reconsideration of the rejecting vote was mov- ed and carried, and, without looking into the petitions, they were all laid on the table. The suppression system was applied lo them all. [Here Mr. Adams susjiended his remarks, the morning hour having elapsed.] Saturday, June 23, 1838. [Note by Mr. Adams.] In his argument on the 14tli of June, urging the recommitment to the Committee on Foreign AfTairsof the resolutions of seven State Legislatures and the petitions of more than one hundred thousand petitioners, relating to the annexation of Texas to this Union, which had been referred to the committee, and upon which the committee had reported, without looking into one of them, the first point of controversy upon which Mr. Adams took issue with the reporter, [Mr. Dromgoole,] the chairivan, [Mr. Howard,] and another member of the committee, [Mr. Legare,] was on the duty of the committee, by the 76th rule of the House, to take into consideration, and report their opinion upon, the matters re- ferred to them by the House. Mr. Dromgoole had refused to answer the question of Mr. Adams, whether the committee had taken into con- sideration the resolutions of State Legislatures, petitions, memorials, and remonstrances, relating to the annexation of Texas, and had de- clared he would not be catechised by him. In this refusal to answer, and denial of the right to question, Mr. Dromgoole had been sustained by the chairman of the committee. Mr. Legare had declared that he liad not looked into one of the resolutions, petitions, memorials, and re- monstrances, which had been referred to the committee. The point a£ issue between Mr. Adams and the three members of the Con>mittee on Foreign Affairs was the duty of Ike committee to consider and report a deliberate opinion upon the subject and important documents thus sol- emnly and at various times referred to them by the House. From the exposition of the duty of the committee to the House, he passed to that of the House to the petitioners, to the State Legislatures, and lo the whole nation, to treat with respect the resolutions of the Legislatures, and the petitions, memorials, and remonstrances of individuals, respect- fully addressed to the House ; and he spoke with deep regret and severe animadversion of the resolution of the House, repeated three years suc- cessively, condemning all petitions, memorials, resolutions, and papers relating to the abolition of slavery or the slave trade to be laid on the table, without beir^g read, printed, debated, or referred. He considered this resolution of the 25th May, 1836, as the comn>encement of a sys- tem of suppression of the right of petition, expressly guarantied to the People by the Constitution, and of the freedom of speech and of debate — the constitutional right of every member of the House ; a right, also, of the People, inasmuch as, without it, the Representative cannot possibly discharge his daty to his constituents. These topics were discussed by Mr. Adams in the morning hour of 57 the 16th of June. On the preceding day (the 15th) the chairman of the committee [Mr. Howard] had stated that, in the proceedings of the Legislatures referred to the committee, there was no specific proposition for the annexation of Texas, and that there was, therefore, no such proposition before the House, upon which the House, or any committee, could act ; and with regard to the petitions, he had said that many of them were from women, who had disgraced themselves and their coun- try by presenting them. On the 19th, •20th, and 21st of June, Mr. Adams reviewed the pro- ceedings of the House, in referring the resolutions of the several State Legislatures, and afterwards all the petitions relating to the annexation of Texas to this Union, to the committee. After adverting to the fact that the first petition received by the House at the present session, against the annexation of Texas, had been presented by him, and that it was from 238 WOMEN of Plymouth, the principal town of the district represented by him, he read, or caused to be read at the Clerk's table, and com- mented upon the several resolutions of the seven State Legislatures of Vermont, Rhode Island, Ohio, Michigan, Tennessee, Alabama, and Massachusetts ; all of which had been referred to the committee, and in which, particularly in the resolutions of Tennessee, there was a distinct and specific proposition for the annexation of Texas, into which the committee had never looked. Mr. A. noticed, also, the proceedings in three other of the State Legislatures, Pennsylvania, New York, and South Carolina, upon this subject, but which had not been formally com- municated to the House. And he read and made observations on a re- cent debate in the Legislature of Texas, upon the question whether the application for annexation to these United States, by that Republic, should be withdrawn. On the 22d, after finishing his remarks upon the debate in the Legis- lature of Texas, he made an expostulating appeal to the friends of the present Administration in the House, against tliat system of suppres- sion of the right of the People to petition, and of the freedom of speech and of debate in the House, which had commenced with the gag-resolu- tion reported by Henry L. Pinckney on the 25th of May, 1836; and of which he considered this report of the Committee on Foreign Affairs, upon so many resolutions of State Legislatures, petitions, memorials, and remonstrances, without looking into one of them, as a natural con- sequence, and a most alarming extension. He warned them that this system of suppression was doing more to bring odium upon the Admin- istration of the Federal Government, in the minds of the People, than all its other errors put together. He then undertook to trace the pro- gress and to expose the encroaching character of this system of suppres- sion — applied, at first, only to the subject of slavery and the slave trade, but gradually spreading and absorbing in its despotic interdict almost every subject of petition, and almost every class of petitioners, inclu- ding, at last, the resolutions of sovereign States. Li this enumeration of interdicted subjects and interdicted classes of petitioners, Mr. A. was, on the 22d of June, interrupted by the expira- tion of the morning hour. He resumed it on the morning of the 23d ; and, by reference to the proceedings of the House, in multitudes of cases, since the resolution ^8 of May 25, 1836, he showed that the precedent then established, of treating with contempt, and refusing to consider, all petitions relating to slavery, by laying them, unread, upon the table, had been extended, not by the general order, but by special motions made in every case, and always sanctioned by the same majority of slaveholders and Northern Administration men with Southern principles : first, to all petitions, me- morials, remonstrances, and resolutions of State Legislatures, concern- ing the annexation of Texas to this Union ; next, to the petition of fif- teen thousand Cherokee Indians, and to great multitudes of petitions from many States of this Union, imploring mercy, humanity, and justice from this Government to the Indians; then to memorials, petitions, and resolutions remonstrating against the vomiting, by foreign Governments, both in Europe and America, of their vagrant paupers and convicts of their jails upon our shores. Upon some proposition of ray honorable colleague [Mr. Lincoln] upon this subject, said Mr. A., the tainted gale of abolition was snuffed by the imagination, if not by the sense, of the slaveholders around him, and the whole subject was laid on the table. Then the contempt of petitions had crept into the committee-rooms, and shed its mildews over the whole subject of the exchanges, currency, and banking. Thus, upwards of forty petitions, from every section of the country, for a national bank, had, at the special session, been re- ferred to the Committee of Ways and Means, and they had reported a resolution against them without reading them; and, last of all, the Committee on Foreign Affairs had now crowned the system of suppres- sion by a report, in three lines, upon the resolutions of seven State Le- gislatures, and the petitions of more than one hundred thousand citizens, without looking into one of them. From the interdict of subjects of petition from the consideration of the House, he passed to that of classes of petitioners ; and here it was impossible for him to pass over the for- mal resolution of the House of Representatives of the 12th of Febru- ary, 1837, " That slaves do not possess the right of petition secured to the People of the United States by the Constitution. ''"' In adverting to this resolution, he observed that it excluded one sixth part of the People of the United States from the mere naked right of petition ; that it denied them the right of prayer — the right which is not denied to the meanest and vilest of the human race by his Maker. He proceeded to say that it was the last of a series of resolutions offered to the House, witii the avowed object of invoking a sentence of severe censure upon him, by the House, for simply asking the question of the Speaker, whether a petition purporting to be from slaves came within the resolution of the 19th of January, 1837, the gag-law of that session. He said the mem- bers of the present House, who had been present on that occasion, would recollect that he had then explicitly avowed the opinion that slaves were not excluded by the Constitution of the United States from exercising the right of petition ; and that Here the Speaker interrupted Mr. Adams, and declared him out of order. Mr. Adams insisted that he was not out of order ; that he was addu- cing, by way of illustration to his argument, an historical fact. That he had declared, at the time, that if a petition from slaves, complaining of any grievance or distress, to which all mankind might be liable, and 59 which it would be in the power of the House to relieve, should be senJ to him, and the House would receive it, he would present it ; and that since that time Here Mr. Legare, of South Carolina, rose and called Mr. Adams to order. Calls of order! order! were repeated by sundry other members: there was much confusion in the House, and the Speaker ordered Mr. Adams to take his seat. Mr. Adams persisted in holding the floor, and in affirming that he was not out of order. He demanded that, conformably to the 23d rule of the House, the words which he had spoken, and alleged to be disor- derly, should be taken down in writing ; and said that he would then appeal from the decision of the Speaker to the House. The Speaker refused to have the words alleged to be disorderly taken down in writing ; said that the Speaker was not, in calling a member to order, bound by that rule. That he called Mr. Adams to order for "irrelevancy in debate;" and read the rule that a member shall confine himself to the (]uestion under debate ; a rule so perfectly vague and in- definite, that the Speaker never resorts to it, unless when sure of being sustained by a majority of the House. Mr. Adams said that this was not a fair statement of the question. That he would not appeal from the decision of the Speaker as so stated; but he still insisted that the words spoken by him, and alleged to be dis- orderly, should be taken down in writing, and said he would then appeal from the decision. The Speaker, nevertheless, took the question of the appeal, by yeas and nays, upon his own statement, and his decision was sustained by a vote of 115 yeas to 36 nays. On this decision it is to be observed — First. That it was upon an appeal not taken — Mr. Adams having ex- pressly declared that he would not appeal from the decision of the Speak- er upon the question as stated by him — a decision which could never serve as a precedent in any other case, because there would be nothing upon the Journal to show in what the irrelevancy charged upon him con- sisted. It was a mere arbitrary dictum of the Speaker, pronouncing ir- relevant that which had, in fact, the most pointed bearing upon the ar^ gument. Secondly. That of the 115 members who voted to sustain this decision of the Speaker, 69 were of the same persons who, on the 21st of Decem- ber, had voted for the gag-resolution dictated by the Southern conclave. Thirdly. That when this vote of 115 to 36 was taken, amounting only to 151, there were 203 members in their seats, 52 of whom, therefore, did not vote at all. The fact that there were 203 members present was ascertained by two other questions by yeas and nays taken within half an hour afterwards, upon both of which 203 names stand recorded. No part of the speech of Mr. Adams, from the 16th of June to the 7th of July, has been reported in the daily Globe; but on the evening of the 23d of June, there appeared in that paper the following statement of the occurrence of that day, published, no doubt, with the approbation of the Speaker: "TEXAS. " Mr. Adams proceeded in his remarks on the report of the Committee on Foreign Affairs in relation to the annexation of Texas, and was referring to the right of slaves to petition, and the proceedings in the House last Congress upon his tendering a pe- tition of that character, stating that he should have no hesitation in presenting a peti- tion from a slave, if his memorial was properly couched, and on a proper subject, or something to this effect. Mr. A. was proceeding in this line of remark, when " The Speaker called him to order, saying that the remarks were irrelevant to the subject under consideration. "Mr. Adams said he was putting an extreme case, by way of illustration, which was in order. '' The Speaker again reminded Mr. A. that he was out of order. " Mr. Legare rose, and said he felt compelled to call the gentleman from Massa- chusetts to order ; and cries of order were heard in various parts of the House. " Mr. Adams called upon the Speciker to reduce the disorderly words to writing, and appealed from the decision of the Chair. '"'The Speaker said the Chair could not be called upon to reduce remarks made out of order to writing. It had never been known, either by any rule, or by parlia- mentary usage ; and if such a course could be sustained, it would continually bring the Chair into conflict with members, and would render it impossible for the House to proceed with its business. " Several members referred to the twenty-third rule of the House, which requires that disorderly words shall be reduced to writing. " The Speaker said he was perfectly aware of that rule, and it applied tc cases where one member called another to order for disorderly or personal remarks, and not to the Speaker when he called a member to order for irrelevant remarks, for the rule says the Speaker sliall call m.embers to order, and makes it imperatively his duty. " Mr. Adams called for the reading of the rule by which the Speaker called him to order, and refused to reduce the objectionable remarks to writing. " The Speaker read the rule requiring that a member ' shall confine himself to the question under debate,' and said he had called the gentleman from. Massachusetts to order for irrelevancy in debate. As he was about to put the question on the ap- peal from the decision of the Chair, "Mr. Adams again insisted upon having the words reduced to writing. " Cries of 'order !' ^ order!' " The Speaker directed Mr. Adams to take his seat. "' Mr. Adams continued to hold the floor, and persisted in dem.andmg that the words should be reduced to writing, and said he would then appeal, but he would not appeal from the decision in the form in which the Speaker had put it. " The Speaker then put the question upon the appeal ; and the decision of the Chair was sustained, as follows : Yeas 115, nays 36. " So the decision of the Chair was sustained by the House, and Mr. Adams thus declared to be out of order. " Mr. Boon then called for the orders of the day." It was republished in the National Intelligencer of Monday morning, the 25th, copied verbatim from the Globe, even to the closing remark, that Mr. Adams was thus declared to be out of order. It is then added that Mr. Boon called for the orders of the day ; but it is not stated, as was nevertheless the fact, that upon inquiry made of the Speaker wheth- er the hour had not expired, he answered that there yet remained one minute, upon which Mr. Ad.\ms immediately said, " then I claim that minute," and added that he had much more to say, although the decision of the Speaker and of the House had taken from him one of the pillars of his edifice. His motive for resuming immediately the floor was to foreclose a ques- tion which he saw might be made at the next morning hour, of his right to proceed without a formal permission of the House. After the decision of the Speaker and of the House that he was out of order, because he touched upon slavery as an objection to the annexation of Texas, he dis- trusted the fulfilment of the promise made to Mr. Thompson (hat the 61 Texas question should be opened, and he wished to secure imnoediately the unquestioned right to proceed. He proceeded, accordingly, on the morning of Tuesday, the 26th of June. A report of his remarks on that day was published in the National Intelligencer of the lOlh of July, under the erroneous date of 3d of July. It will be seen at a glance, by the perusal of that report, that it followed immediately after that of the 23d, when Mr. Adams was arrested in the midst of his discourse, and declared out of order for irrelevancy. He then passed, in the enumeration of interdicted classes of petitioners, to the women ; and as this class had not only, like all the rest, been slighted by the Committee on Foreign Afiairs, but grossly insulted by the chair- man in his speech of the 15th of June, Mr. Adams felt himself obliged at once to defend their rights and to vindicate their good name with that anxious earnestness inspired by a deep conviction of the wrong done them by that speech. To this he devoted the mornings of the 28th, 29th, and 30th of June ; the report of the last of which was also prematurely published in the National Intelligencer of the 10th of July, preceding that of the 26th of June, erroneously dated the 3d of July. On the 3d, 4th, and 5th of July, Mr. Adams addressed the House upon the question of the constitutional power of Congress, or of any de- partment of this Government, to annex ihe People of a foreign independ- ent State to this Union ; and on the 6th and 7th, upon the objection to the annexation of Texas, arising from its necessary consequence of in- volving us in a war with Mexico. He undertook to show that the acqui- sition of Texas, as a land of slavery, had been so darling an object of policy to the late, and still was to the present Administration, that it had been and was yet pursued by a system of deep duplicity, and of rancor- ous hostility to Mexico, stimulating this nation, even by Executive mes- sages, and by corresponding movements of the Admiaistration managers in both Houses of Congress, to a most unjust, reckless, and cruel war with that Republic, to wrest from her and doom to perpetual and irre- deemable slavery a portion of her territory equal to one fourth of the whole original thirteen United States. The development of this position, and the demonstration of its truth, required the production, analysis, and comparison of a multitude of doc- uments, only a small portion of which had been exhibited by Mr. Adams, when the expiration of the last morning hour brought his discourse neces- sarily to a close. On the last day, however, he read to the House a secret and confidential letter from the late President of the United States to William Fulton, Secretary of the then Territory of Arkansas, now a Senator of the United States from that State. The letter is dated the 10th of December, 1830, and proves that as early as that day the vvriter of it was fully informed of the conspiracy then organized, under the com- mand of his confidential friend and favorite, Samuel Houston, for break- ing off the province of Texas from the Republic of Mexico, and erecting it into an independent State. That he considered it as an enterprise highly criminal ; and wrote this letter, not to the Governor, but to the Secretary of the Territory of Arkansas, directing him to take measures for counteracting and defeating this conspiracy ; well knowing that the Governor, and not the Secretary, of the Territory was the only person who couid have taken any such measures with effect. From the Govern- 62 or this letter was kept profoundly secret. On producing the copy of the letter, Mr. A. expressed his suspicion that it had never been sent to its destination, but observed that the fact could be ascertained, the per- son to whom it was addressed being at Washington. The chairman of the Committee on Foreign Affairs then addressed a letter to Mr. Fulton, inquiring whether he had received such a letter from the late President, and was answered by him that he had, some time in January, 1831. What he did to counteract or defeat the conspiracy is as secret as the Setter itself was intended to be. That he could do nothing effective with- out the direction of the Governor, to whom the letter was never commu- nicated, is as apparent as that nothing effective was done. It is also a matter of more than ordinary notoriety, that a year and a half after this letter was written, that is, in the spring and summer of 1832, General Houston was again for several months at Washington, in constant inter- course apparently, as friendly, familiar, and confidential with the writer of this letter, as he had ever been before. Nor is it less notorious that, after the successful consummation of the conspiracy, when the President of the Mexican Republic was a prisoner to the Texian insurgents against Mexico, the same General Samuel Houston, commander-in-chief of their army, and now President of their Republic, as the price of liberation of the Mexican President, sent him to Washington to negotiate with Presi- dent .fackson the cession of Texas by Mexico to these United States. The further disclosure and demonstration of this tortuous and double- dealing system of measures and of policy, to fortify, sustain, and perpet- uate the institution of slavery and the ascendency of the slaveholding in- terest over that of freedom in this Union, is necessarily deferred until the next session of Congress. Whether it will then be practicable, must de- pend upon the yet problematical contingency whether another Southern conventicle of slaveholders will command to the submissive party disci- pline of the North another resolution " that all petitions, memorials, and papers, touching the abolition of slavery, or the buying, selling, or trans- ferring of slaves, in any State, District, or Territory of the United States, be laid upon the table, without being debated, printed, read, or referred, and that no further action whatever shall be had thereon." Tuesday, June 26, 1838. Mr. Adams was entitled to the floor, but yielded it at the instance of several gentlemen ; until Mr. Howard suggested that Mr. A. be permit- ted to proceed, in order that an opportunity might be afforded of replying to his arguments. Mr. Adams then said, that having been desirous to accommodate, as far as in his power, every gentleman who had petitions or resolutions to oft'er, 'ne had thus lost a large part of the hour to which his remarks must, neces- sarily be confined; and he feared that he should thus be compelled, at i(s termination, to break off in the midst, leaving a hiatus imlde dejlendns. He had last Saturday been endeavoring to convince the House how odious this Administration was rendering itself by the course the House was pursuing in relation to petitions — a course now extended so as to sence, he (Mr. A.) had continued to cite examples from history, from the days of old Rome down to the case of Deborah Gannett, to whose surviving husband a pension for her Revolutionary services and suffer- ings had, within a week, been granted by that House ; in the commit^ tee's report upon which latter case there was a distinct recognition and averment of a principle precisely the reverse of that laid down by the chairman of the Committee on Foreign Affairs in the passage of his speech alluded to. And there had been some of these examples which had been of a character peculiarly interesting to different members of that body, from local and sectional as well as patriotic associations. He had read from Johnson's Life of General Greene a tribute to the ladies of Philadelphia, and from Ramsay, one to the ladies of Charleston, South Carolina, for their noble public services during those " times that tried men's souls." But there was one other instance which he might have, and, had the gentleman from Maryland been present, he should have cited; but which, not then having done so, he would now adduce, and ask for it the gentleman's particular attention. He would read from Marshall's Washington the following passage : '*It is not unworthy of notice that the ladies of Baltimore charged themselves with the toil of immediately making up the summer clothing for the troops. Innumerable instances of their zeal in the common cause of their country were given in every State of the Union." Sir, (continued Mr. Adams,) was it from the lips of a son of one of the most distinguished of those ladies of Baltimore — -was it from the lips of a descendant of one of tlie most illustrious officers in that war that we now hear the annunciation that the political and public services of women are to be treated with contempt? Sir, I do hope that that honor- able gentleman, [Mr. Howard,] when he shall reply to this part of my argument, will modify his opinions upon this point. yiv. Howakd here rose and said that, as he should probably have no op- portunity to reply, he begged permission to say a word or two upon the case which the gentleman from Massachusetts had brought before the House. Mr. Adams having yielded the floor for that purpose, Mr. Howard said that the case of the ladies of Baltimore, when they exerted themselves to supply the army of Lafayette with clothes in the Revolutionary war, was not new to him. His (Mr. H's) children had in their veins the blood of one of those who was amongst the most zealous in this patriotic effort ; but he saw not the slightest resemblance between their conduct, upon that memorable occasion, and that of the females who were petitioning Congress against the admission of a State into the Union. When the relatives and friends of women are in the field, strug- gling amidst perils and sufferings for the independence of the country, 76 undergoing all sorts of hardships and privations, without snfficient food or raiment, nothing conld be more becoming to the female character than that, by the exercise of their needle, or influence, or industry, they should try to alleviate the toils of their gallant defenders. He disclaimed utter- ly all similarity between the cases, and protested against classifying those generous and patriotic ladies with the petitioners about Texas ; and whilst he was on the floor, he would say further, that the gentleman from Mas- sachusetts might find more appropriate models to hold up for imitation to the modest and virtuous girls of New England than the two which he had selected from ancient and modern history — one of whom, Aspasia, was notorious for the profligacy of her life ; and the other a woman who had usurped the habiliments of the other sex, and, in man's dress, associated with men for years together. He believed that the females of New Eng- land would not relish either of these examples. Mr. Adams then resumed, and said he was glad to find that the chair- man of the Committee on Foreign Affairs had abandoned his former ground, and conceded the unsoundness of his principles. Mr. Howard denied that he had done so. Mr. Adams averred that the gentleman /«ari done so. What he had said upon the occasion adverted to was on record. Let it be compared with the concessions he now makes, in the case of the women of the Revolution- ary times. He concedes the principle in the case of the Baltimore ladies, though he adheres to it afterwaids in that of Deborah Gannett. In connexion with the latter case, he (Mr. A.) would leave the gentle- man from Maryland to the gallant chairman of the Committee on Revo- lutionary Claims, [Mr. Morgan,] whose report, in that case, had been alluded to, as conveying a principle directly the reverse of that assumed by the gentleman from Maryland. But, (continued Mr. A.,) that honorable gentleman is pleased to take great exception to my citation of the example of Aspasia. Mr. A. would not enter into a discussion of Grecian history with Mr. H. Aspasia's was certainly an illustrious name in that history, and one with regard to which historians differed not a little on many points. Perhaps the in- stance was an ill-chosen one for the purposes of the present argument. Perhaps it was not. But if it was, he was glad that but a single instance could be excepted to of all that had been adduced by way of illustrating the position which he (Mr. A.) had taken in this discussion. The character of Aspasia was to be viewed in connexion with the opinions of the age and the country in which she lived. Those opinions, with regard to women, were not unlike those still entertained by the Turks, that wo- men have no souls ; opinions, he would say, which differed but little from what seemed to be those of the gentleman from Maryland, as declared upon a former day. Those opinions were not, however, he believed and trusted, the sentiments of the nation generally. They reflected cruelly on the conduct and character of fifty thousand of the women of tiiis Re- public, one fifth of which number belonged to his (Mr. A's) own district ; women, than whom, out of the whole world, he defied the gentleman from Maryland to find others purer, more intelligent, and more patriotic. And the right to petition, according to the gentleman, (said Mr. A.,) is to be denied to women because they have no right to vote ! Is it so clear that they have no such right as this last? And if not, who shall 77 say tliat this argument of the gentleman's is not adding one injustice to another'? One would imagine, while listening to this argument, that ihe gentleman was thinking of his election 1 He (Mr. A.) would do him [Mr, Howard] the justice to say that he did not believe that these were the unbiased opinions of his heart. He must have entertained different principles upon this subject until this political slavery question came up to influence and to pervert them. And this Mr. A. said he considered as one of the worst effects of that gangrene of politics whicli has infected, and which, to an alarming degree, still infects the country. Were it not for the operation of this, Mr. A. believed that the gentleman from Mary- land [Mr. Howard] would as soon have sacrificed his life as made the declarations he had done upon this subject. [Here the morning hour expiring, the orders of the day were called for, and Mr. Adams suspended his remarks until the next day.] Saturday, June 80, 1838. The report of the Committee on Foreign Affairs in relation to Texas being again under consideration as the unfinished business of the morning hour ; and Mr. Potter having stated that, in the Legislature of Pennsylvania, a joint reso- 1 ution had been introduced instructing their Senators and requesting their Representa- tives in Congress to oppose the annexation of Texas, and that it had passed the Senate by a vote of 22 to 6, but had, in the lower House, been indefinitely postponed by a vote of 41 to 38, the majority consisting of the friends of the present Adminis tration— Mr. Adams said that he considered the proceedings in the Pennsylva- nia Legislature, which the gentleman from tliat State had just mention- ed, as proving, 1st, that the feelings and opinions of an immense majority of the People of Pennsylvania were opposed to the annexation of Texas to this Union, since, in the Senate, the vote against it had been over- whelming, 22 in favor, and only 6 being opposed to the resolution : but when the matter came into the other branch, it was indefinitely post- poned by a majority of only 2, and this by a strict party vote, all the friends of the Administration voting in the affirmative, and all the mem- bers of the Opposition in the negative. The whole statement therefore went to prove that, in the State of Pennsylvania, as in the State of New- York, the opinions and wishes of an overwhelming majority of the Peo- ple were decidedly opposed to tlie admission of this foreign State into the Union ; while the controlling and checking of this force of public opinion, so far as party could check and control it, was the work of the friends of the existing Administration. But passing from that, (said Mr. A.,) I return to the subject on which I was speaking when last I addressed the House, viz : the depriving of one half the People of the United States of the right to petition Con- gress ; that half consisting, too, of the tender sex, whose very weakness should entitle them to the most scrupulous regard to all their rights. It was true that the right had not been directly and in terms contested by the chairman of the Committee on Foreign Relations : but he had rep- resented the exercise of it as disgraceful to those women who petitioned, and as discreditable to their own section of the Union, and to the nation at large. Now to say, respecting women, that any action of theirs was 78 disgraceful, was more than merely contesting their legal right so to act: it was contesting the right of the mind, of the soul, and the conscience. It was on this account that Mr. A. had felt himself bound to take issue with the honorable chairman on that principle, and to show that the very reverse was true, and that the right of petition is as strong and as whole and perfect in women as in the stronger sex. [Mr. A. here recapitulated the grounds ho had taken, stating again the precise position on which he took his stand.] As to the illustrations from ancient and from modern history which I adduced, to show that the sense of all mankind, as well in ancient as in modern times, has ever been, and still is, on the side of my position, I shall not at this time go further. Yesterday I referred to one glorious instance of departure from the exclusive duties of the do- mestic circle, in the case of the ladies of Baltimore, who rendered them- selves illustrious, and obtained a memorial in the history of their country by going directly in the face of the principle laid down by the chairman of the committee, a native of that city, and one of their own sons. I will now only recur to one more example, originating in a State very deeply concerned in this question; I mean the State of South Carolina. Sir, I said that with this hand I have had the honor to present the memorials, petitions, and remonstrances, of more than fifty thousand women, in this House, and on this subject ; as many, probably, as ten thousand of them being inhabitants of my own district ; which circum- stance imposed on me a double, nay, a triple necessity of defending them and their character against the assault of the honorable chairman. But it so happens, that of the signatures to the 50,000 petitions, I do believe, in my conscience, that four fifths, at least, have been obtained by the influence of two women of South Carolina, natives of that State ; from their position, well acquainted with the practical operation of the system ; intelligent, well educated, highly accomplished, and bearing a name which South Carolina will not disown. To these two women is their country indebted for a vast proportion of all the petitions coming from their sex in New England, on the subject of the Texian annexation. Their own names are attached to one of these petitions; and they are almost the only ones with which I have the honor to be personally ac- quainted. I say I have that honor; for I deem it an honor. But their right to petition this House on the annexation of Texas, as well as on the subject of slavery itself, its moral character as a system, its political character, and its influence on the history of mankind, has been openly denied. Tf there is a gentleman from South Carolina here who is anx- ious for a correspondence with those ladies for the purpose of a discus- sion of either or of all those points, I can answer for those ladies that it will be in his power to obtain what he wishes. And if he does enter on the discussion, all I shall say is that I wish him well out of it. [A laugh.] [Mr. Pickens, of South Carolina, here rose to explain. The gentle- man from Massachusetts has alluded to two ladies of my own State, and, as I understand, to certain statements of theirs which have appeared in the papers, and has spoken of their character in very exalted terms, and I do not in the least dispute what he has said ; but I take this occasion to say that I have read the statements alluded to ; and, though I know nothing personally respecting the ladies who have put them forth, I must 79 say that I never saw such a tissue of prejudice and misrepresentation as is now going the rounds of tiie public papers under their names. I have held it my duty to say this, though I do it with reluctance and regret, in order to prevent any false conclusion which might be drawn from the silence of the Representatives of that State after what has been said by that gentleman.] Mr. Adams. Well ; the gentleman admits he has no personal ac- quaintance with these ladies; and he has not ventured to impeach their characters, or denied that they bear a name which South Carolina will not disown. He says, however, that he has read their representations, as contained in the public journals, and that they are a tissue of preju- dice and misrepresentation. I wish, if the gentleman pleases, that he will be so good as to specify the particular misrepresentations with which he charges these ladies, and each of them. He admits that their char- acters are of an exalted description; yet what they have given to the world is, it seems, a tissue of misrepresentation. Sir, the gentleman himself is in the case of many and many a slaveholder ; he knows noth- ing of the real operation of the system. He speaks of what is known to him. I do not doubt in the least that he is, himself, a kind and indul- gent master; so, I doubt not, are all the gentlemen who represent his State on this floor. They know not the horrors ihat belong to the system, and attend it even in their own State; and when they are stated by those who have witnessed them, he calls the whole a tissue of misrep- resentation. But, sir, 1 put him on the issue of the facts, now made up between him and those ladies. I doubt not, 1 deny not, the accuracy of his own representations, so far as he knows of them ; but he does not know the cruel, the tyrannical, the hard-hearted master. He does not know the profligate villain who procreates children from his slaves, and then sells his own children as slaves. He does not know the crushing and destruction of all the tenderest and holiest ties of nature which that system produces, but which I have seen, with my own eyes, in this city of Washington. Twelve months have not passed since a woman, in this District, was taken with her four infant children, and separated from her husband, who was a free man, to be sent away, I know not where. That woman, in a dungeon in Alexandria, killed with her own hand two of her children, and attempted to kill the others. She was tried for murder, and, to the honor of human nature I say it, a jury was not to be found in the District who would find her guilty. What was the conse- quence ? A suit at law between the purchaser and the seller of the slave. The purchaser considering the contract violated, because the slave had been warranted sound in body and mind, whereas the jury found a ver- dict declaring her insane; which insanity they inferred from the fact of her having killed her own children. Sir, it was the verdict of an honest jury. The act was not murder, 1 have seen the woman and her sur- viving children. She attempted to kill the other two, but they were saved from her hands, and I hope are now free. I say the jury was an honest jury. They did not dare to convict her of murder, though the fact that she killed her children with her own hand was clearly demonstrated before them. The woman was asked how she could perpetrate such an act, for she had been a woman of unblemished character and of pious sentiments. She replied, that wrong had been done to her and to them ; 80 that she was enliiled to her freedom, tliough she had been sold to go to Georgia ; and that she had sent her children to a better world. The )ury took testimony as to her state of mind ; for they were desirous to find, if possible, that she was insane. Mr. Legare, of South Carolina, here rose and culled Mr. A. to order. What he was talking about had nothing to do with the question before the House, which was the annexation of Texas to the United States. Mr. Elmore requested his colleague to let the gentleman go on with his insane ravings. The Chair said it was within the limits of order to give reasons why Texas should not be annexed to this Union ; but in stating those reasons there must be some limit; the matters stated must have a connexion with the subject ; when that was wanting, they ceased to be in order. It was a delicate and diflficult task to draw the precise line ; he hoped the gen- tleman from Massachusetts would do this for himself, without the neces- sity of being checked by the Chair. Mr. Adams. I had but a little more to state. The woman was ac- quitted, as I have said, on the ground of insanity ; and I have seen the testimony on which that verdict was founded. It consisted of testimony in vague and indefinite terms, and mainly of the testimony of another colored woman, who stated on her oath that she did believe the woman not to be of sane mind. She was asked, why? Her answer was con- clusive ; she asked, " would a mother that was of sane mind kill her own children V alleging the fact itself as the chief foundation of her belief. That was all the answer she gave, and the jury, on that reply, and other testimony of a similar character, acquitted the prisoner. Here is a single incident in the history of slavery in this District of Columbia, of which I speak, because I was a witness to it. And now, sir, if this debate shall be properly reported, (as I have no doubt it will be,) and shall go throughout this country, I do not doubt but through the whole Southern portion of the Union there will be raised one universal shout, that the whole statement is " a tissue of prejudice and misrepre- sentation !" I have stated all this in reply to the gentleman from South Carolina, who has told us that similar statements made by those two distinguished Jadies of South Carolina whom I have referred to are one tissue of mis- representation and prejudice. I, for one, believe in the whole " tissue" of facts stated by those ladies in communications addressed to their sisters in a different part of the Union. They are precisely that kind of mis- representation a sample of which I have now given to this House in the facts I have stated. This I say, calling on that gentleman, or any other gentleman from that State, in answer to these insane ravings of mine, to state facts, and bring the proof that what I have stated is " a tissue of misrepresentation." I say that this story is but one of multitudes of the same kind, not perhaps equally horrible, but all of the same moral com- plexion, pervading that entire portion of the Union where man is held in slavery to man. But this is a digression. The crime of the petitioners whose memorials 1 have presented here, has been the signing of these memorials, which they did on the principle thai the annexation of Texas cannot take place without extending and 81 perpetuating the horrible system of which I have given to the House some of the native fruits, and those ladies of South Carolina have given many more. Their crime has been merely the signing of petitions against admitting Texas into the Union, because it will extend and per- petuate slavery. 1 say it is no crime. 1 say it is not discreditable to those ladies. I say it is directly the reverse, being, on the contrary, highly honorable to them. I do not, however, mean to be understood as countenancing the gen- eral idea that it is proper, on ordinary occasions, for women to step with- out the circle of their domestic duties. I do not so consider it : and 1 say that, when they do so depart from their ordinary and appropriate sphere of action, you are to inquire into the motive which actuated them, the means they employ, and the end they have in view. I say further, that, in the present case, all these, as well ihe motive as the means and the end, were just and proper. It is a petition — it is a prayer — a sup- plication — that which you address to the Almighty Being above you. And what can be more appropriate to their aex 1 Sir, it has occurred to me, wheii I have observed the attitude in which the slaveholder stands before this House, in comparison with that which these women have as- sumed in regard to it, that they present the personification of two of the Passions which has been drawn by one of the greatest poets of England. In his celebrated Ode to the Passions he gives to those which are of a harsh, strong, and rigorous character, the male sex ; while those of a soft, amiable, and tender kind, he represents as women. After a descrip- tion of Hope, as occupied in charming herself and all about her with her song, he adds : " And longer had she sung — but, with a frown, Revenge impatient rose. He threw his blood-stained sword in thunder down, And with a withering look The war-denouncing trumpet took. And blew a blast sfi loud and dread, Were ne'er prophetic sounds so full of wo. And ever and anon he beat The doubling drum with furious heat ; And tho', sometimes, each dreary pause between, Dejected Pitt at his side Her soul-subduing voice applied, Yet still he kept his wild, unalter'd mien, While each strained ball of sight seemed bursting from his head. " There is the slaveholder, and there is the female petitioner against the annexation of Texas. [Mr. Campbell, of South Carolina, rose, and said that, as there would probably be no opportunity of replying to the gentleman during the present session, he would, with his permission, request a reconcile- ment of what appeared to be an inconsistency in his argument. The gentleman had said that the most important objection to the an- nexation of Texas was the existence of slavery in that Republic. Now, it must be evident to every gentleman, that slavery will exist in Texas, whether she is annexed to this country or not. If annexed, her supply of slaves must be drawn exclusively from the United States ; if not an- nexed, her supply will be derived not from the United States only, but, also, from the Spanish West India Islands, and directly from Africa. 6 32 Thus, in opposing the annexation of Tnxas upon the ground of slavery, the gentleman pursues a course that will increase instead of diminish the number of sUxves ; and is, in effect, an advocate for the African slave trade.] Mr. Adams. It is not difficult to answer tlie gentleman's questions, I believe, if Texas is not annexed to ii)is Union, that the time is not re- mote when there will not be a slave either in these States or in Texas. I believe that, if Texas is excluded, in the first place she will operate as a drain for the slaves from South Carolina ; and that that State will be so drained of its slave population that the white inhabitants, inclu- ding the gentleman and his friends, will be the first to urge the propriety of abolition. [Here many Southern gentlemen laughed.] It is so now in the West Indies. The slaveholders themselves are the first to emancipate their slaves, after having once tried the experiment of the effects of freedom. 1 say that, when the slaves shall have, to a great extent, been drained off, the interest of the slaveholder will prompt him to do the same thing here. It will then be his interest, as it is now his duty, to put an end to the whole sj'stem. And, if it shall once be abolished there — as in my prayers to Almighty God I nightly and daily invoke Him that it naay be — slavery in Texas will fall of itself. A slave State, like Texas, could not exist between two States like this Union and Mexico, both free. But if Texas is to be admitted ; and if we are to hear lessons in philosophy, such as we have lately had addressed to us, teaching that slavery is a blessing and a virtue ; if, I say, we are to have schools where it shall be taught to our children and youth that slaves ;i'«e chattels — that slavery is a benevolent institution of God — and this shal Se accompanied by the decree of a sovereign State, making it death to dc \y the doctrine — then, indeed, I believe that slavery will not be confined to the States south of the Potomac ; and tlie inevitable consequence will be, that all laws against the slave trade are cruel and tyrannical, and that the slave trade ought to be restored. [Mr. Campbell again rose, and, after denying that the inconsistency had been reconciled, said that, as he was up, he would take the liberty of informing the gentleman of another fact, of which he was probably not aware. The discussion of this subject (slavery) here and elsewhere, by himself and others, had tended to rivet the system that their false and impracticable philanthropy would remove ; for while they had succeeded in producing agitation, and compelled many to dread this wretched fa- naticism as the rock upon which the Union, and with it the fairest hopes that ever warmed the breast of the patriot, may ultimately be wrecked, they bad, also, been the means of directing a more general inquiry into the subject, which had resulted in the almost universal conviction at the South, that slavery, as it existed there, was neither a moral nor a politi- cal evil. Thus many worthy men, who were formerly somewhat uneasy at the existence of this institution, now feel themselves called upon by every motive, personal and private, by every consideration, public and patriotic, to guard it with the most jealous watchfulness — to defend it at every hazard.] Mr. Adams. I am happy to hear what the gentleman has to observe and equally happy to answer him. I thought I had given him an answer pretty directly in point. If slavery ceases in Texas, she will not get 83 ler slaves from any place. Is that no answer? But as to the theory which he now advances, if it be true, then the more slaves the better ; and whether Texas shall get them from the United States or from Africa, is only a question of avarice, as to who shall breed these human chattels. The direct consequence of his theory is, that the slave trade ought to be encouraged. It is a good thing. The more slaves the better. It is a benefit to them to be brought from Africa into this Christian coun- try — a great benefit ; and, therefore, it ought to be made as extensive as possible. I say that that is a good and logical conclusion from the gen- tleman's premises. I am well aware of the change which is taking place in the moral and political philosophy of the South. I know well that the doctrine of the Declaration of Independence, that " all men are born free and equal," is there held as incendiary doctrine, and deserves Lynch- ing ; that the Declaration itself is a farrago of abstractions. I know all this perfectly ; and that is the very reason that 1 want to put my foot upon such doctrine ; that I want to drive it back to its fountain — its cor- rupt fountain — and pursue it till it is made to disappear from this land, and from the world. Sir, this philosophy of the South has done more to blacken the character of this country in Europe than all other causes put together. They point to us as a nation of liars and hypocrites, who pub- lish to the world that all men are born free and equal, and then hold a large portion of our own population in bondage. But I have been drawn into observations which are here very much out of place ; and which I should probably not have made, and certainly not with the force I have endeavored to give them, had it not been for the interruption of the gentleman from South Carolina. If he will put such questions, he must expect to receive answers corresponding to them ; and he will receive not only ray answers, but those of others, who are far deeper thinkers than I, not only in this country, but abroad ; for this debate will go on the wings of the wind. The account of the gentleman's principles will come back from all parts of Europe and of the civilized world in hisses and execrations, that a man should have been found, in the highest legislative body of this free Republic, to avow opinions such as we have just heard from the lips of that gentleman. I shall dismiss that branch of the subject now. If the gentleman is desirous of more, if he wishes to enter into a full and strict scrutiny of the question of slavery, in all its bearings, either at this session or the next, and God shall give me life, and breath, and the faculty of speech, he shall have it, to his heart's content. I pass now to the resolution I have offered in the shape of an amend- ment to the motion of the gentleman from South Carolina, [Mr. Thomp- son.] And the first position I there assume is, that neither Congress nor any department of this Government has power under the Constitution to annex a foreign independent State to this Union. It is obviously a con- stitutional question ; and one, in my judgment, so clear as to admit but of little argument or illustration. The Declaration of Independence, which united the People of thirteen separate and independent States into one, speaks from the {)eginning to the end in the name of the People. In the very preamble of the instrument it says : " When, in the course of human events, it becomes necessary for ONE PEOPLE to dissolve the political bands which have connected them with ANOTHER, and to 84 assume among the Powers of the earth the separate and equal station to which the lavrs' of Nature and of Nature's God entitle them, a decent respect to the opinions of man- kind requires that they should declare the causes which impel them to the separation." One People here solemnly dissolves its former political relations to another People. There is the foundation of the whole instrument. It goes on to assign the reasons why one People have thus resolved to sep- arate themselves from another with which they had been connected, and to form a distinct and independent nation. After a declaration of self- evident truths, with which I will not afflict the ears of the gentleman from South Carolina, or of any who think, with him, that slavery is a blessing, it goes on to say : " We, therefore, the representatives of the United States of America, in general Con- gress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name and by the auihm-ity o/THE GOOD PEOPLE of these colonies, solemnly publish and declare, that these United Colonies are, and of right ought to be, free and independent States," «&:c. The declaration is made in the name and by the authority of this one People, thus separating themselves from another nation. Thus it was that the Union of these States was first formed, in the name of the Peo- ple, and by the representatives of the People. I pass on from that to the Constitution of the United States : observing, however, that there was an intermediate period in which was attempted a confederation of the States, to which the People should not be parties. It was attempted by their representatives in Congress, and afterwards sanctioned by the respective State Legislatures. It was compacted as strongly as in the nature of things it could be. But still it was found a rope of sand. And why? It was not the act of the People. And the remedy, under the auspices of that illustrious man who has recently de- parted from us, Mr. Madison, was to resort to an act of the People, not of the States. The very first words were such as put the People in ac- tion ; they declare that it is the act of one People, who have separated themselves from another, and have agreed to form for themselves this Constitution of Government. I shall not enter on the captious quibbling whether the People voted man by man, throughout the Union, or whether they voted by their rep- resentatives in special conventions assembled in each of the States sep- arately. It is not necessary to settle any such questions. These are the cobweb threads of Nullification, all spun from the bowels of slavery. The language of the whole instrument is, " We the People."' It has, from the beginning, been the Government of " us the People," and will, I trust, be that of our posterity. [Here the morning hour expired.] Tuesday, July 3, 1838. Mr. Adams said that the immediate question now before the House was a constitutional question. It arose on the amendment he had offer- ed, which declared that neither Congress nor any other department of the Government of the United States had power, under the Con- stitution, to annex the People of a foreign independent State into the Union. In support of this position, he had been endeavoring to show that the 85 Government of the United States is a compact of the People of the United States, and, for this end, he had read portions of the Declaration of National Independence, by which the Union of these States was formed ; from which it appeared that the signers of that instrument, every where, spoke in the name and by the authority of the People of these States as one People. The same thing appeared in the very first words of the Constitution, " We the People." The whole Consti- tution derived its force solely from those words. It was prepared by a special convention, assembled under the authority of the Legislatures of the States ; and they prepared it as an attorney would prepare any legal paper for another to sign, but which was in itself of no force or validity whatever, until executed by the person in whose name it was drawn up. This was an instrument running in the name of the People, but it was of no effect until the People, by their sovereign act, sanctioned and gave it validity. This (said Mr. A.) is the foundation of the Government of the United States as it now exists. As a further authority, to the same effect, I will now read a line or two of the Farewell Address of the first President. The address itself is directed to the People of the United States, and was delivered towards the close of his public services as their first Chief Magistrate : " Profoundly penetrated with this idea, I shall carry it with me to my grave, as a strong incitement to unceasing vows that Heaven may continue to tou the choicest tokens of its beneficence; that tour union and brotherly aifection may be perpetual ; that the free Constitution, which is the work of tour hands, may be sacredly main- tained ; that its administration, in every department, may be stamped with wisdom and virtue ; that, in fine, the happiness of the People of these States, under the aus- pices of liberty, may be made complete, by so careful a preservation, and so prudent a use of this blessing, as will acquire to them the glory of recommending it to the ap- plause, the affection, and the adoption of every nation which is yet a stranger to it. " Here, perhaps, I ought to stop ; but a solicitude for tour welfare, which cannot end but with my life, and the apprehension of danger natural to that solicitude, urge me, on an occasion like the present, to offer to tour solemn contemplation, and to re- commend to TOUR frequent review, some sentiments, which are the result of much re- flection, of no inconsiderable observation, and which appear tome all-important to the permanency of your felicity as a People." Again, he says : " The unity of Government, which constitutes you one People, is also now dear to you." I cite this to show that, in the understanding of George Washington, this is the Union of one People formed by the People themselves. No other authority on earth could create such a Union. I might further cite the fact that the Constitution was originally adopted by only eleven States of the thirteen, who carried through tlie struggle of the Revolu- tion ; the two remaining Slates viz : Rhode Island and North Carolina, having remained without the Union for two years after its formation, and became parties to it only by the action o{ the People of those State.s re- spectively. And, whenever new States have been admitted into it, it has always been by the act and operation of the People of such States and of the United States. This principle is so familiar to all the People of the United States, and, until of very late years, has remained so utterly unquestioned, that it really seems as if I was occupied in supporting a truism, and laboring to prove that which nobody denies ; yet it is denied, in the proposition that Congress has power to annex the foreign State of Texas io thm Union. This proposition is attempted to be supported solely on the ground of precedent ; the sole support it has is to be found in the fact that both Louisiana and Florida have actually been so admitted without any ac- tion on the part of the People. I i^gret that it thus becomes necessary to bring up a question of grea? concernment, which was agitated at the time when that annexation took place. It was universally admitted, previously to the Congress at which Louisiana was admitted into the Union, both by the " strict construc- tionists," as they were called, and by a different party, whom they, ir? turn, branded as latitudtnarians, that there was no power in Congress to receive a foreign State, It is well known that the gentleman who was at that time the Chief Magistrate was hiniself one of the strict construc- tionists ; and he is, to this day, considered as, if not tha founder, the great apostle of that political sect. It was my fortiine to take my seat in another part of this Capitol at the extra session of Congress called fos the express purpose of considering on the admission of Louisiana, In justice to the subject, I shall be obliged to show to the House, first, wha?. ■were the opinions of the then Chief Magistrate in that matter ; then,, what were my own opinions; then, what was his action; andjiastly^ what was my own action, on that occasion. I have stated that tlie Chief Magistrate has always been, and still i& considered as, the founder of the sect of strict constructionists. What- ever rept>tation I may myself have had, it certainly never W3s that of a strict constructionist. I have before me a political journal of the presen'S day, in which a very different representation of my opinions is given,, and in which a heavy charge is advanced against the integrity of my private conduct. I will read to the Hou!^e from a letter addressed tO' the editor of the Richmond Enquirer. It seems that the editor of thafi; journal, in discussing the scheme of a sub-treasury, had permitted him- self to make an extract from the Constitution of the United States; an^J in that extract was contained the eighth section of the first article, in these words : "The object of the Government is to lay and collect taxes, duties, imposts, anc? excises ; to pay the debts and pro^'ide for the common defence and general welfare of the United States." And had committed the enormous crime, the; fraud, the forgery, of putting after the word " excises" a semicolon instead of a comma ' [A faugh.] This produces the letter in which the writer takes the editor to task for his preference of a deposile system over the project of a sub- treasury. His objection, he says, is to the punctuation ; you have in- serted a semicolon where there ought to have been a comma \ " My objection is to the pitnctnation. After the word • excises,' you use a :!emi- colon ijistead of a comma ; and I submit to you, if the use of a semicolon instead of a colon does not enlarge the powers of Congress beyond what yoa and the other istric*. constructionists, anti-tariffites, (fee, admit to be proper." There is the great principle of the delegation of power to the Govern ment of the United States ; the grand difference between two political schools lies in substituting a colon (for it is a colon, and not a semicolon) for a comma ! [Laughter.] For this we have declamation a^ainsS 87 tariffs, banks, deposite laws, sub-lreasuries, and every fiscal power which the Government can exercise. There it is. That I take to be the one article of the creed of the entire school of which the tiien Chief Magis- trate of the United States was the father and founder. The correspondent of Mr. Ritchie proceeds : "A hint to you is enough. I refer you to all the ccu'ly publications of that instru- ment, especially to the let vol. United States Laws, published in 1796. It is said that •John Q. Adams tvas the first to introduce the semicolon, and all of his party have carried out the political fraud. Has Congres.s the power to lay and collect taxes, duties, imposts, and excises, at their will, or merely to pay the debts and provide for the common defence and general welfare of the United States 1 I anticipate your answer. You will say, the Constitution, and not the loill of Congress, is to rule. Pardon me, I pray you ; I design to act as a political, as I am your personal friend. J' Very respectfully, " A STRICT CONSTRUCTIONIST." " It is said" — I now ask the House to attend to wiiat is said — " It is said that John Q. Adams was the first to introduce the semicolon, and ail of his party Imve carried out the political fraud." There is the great and heinous political fraud ; first introduced Ijy John Q. Adams, by sub- stituting a colon for a comma ! [Loud laughter.] Now, I believe that she Richmond Enquirer is a sort of oracle in Virginia ; and I fear ex- ceedingly that my fellow-citizens of Virginia, (for whom I feel the same strong attachmerst which I do for my fellow-citizens of Massachusetts,) a great multitude of them, seeing such a position taken in that paper, will actually believe that I was, indeed, the first to introduce this terrible colon instead of a comma, and that because " it is said." For that reason, I greatly fear they will credit not only the assertion that I was the first to perpetrate that atrocious deed, but that I was at heart fraudulent, and a sort of character to whom such proceedings are familiar. Sir, I wish not to dwell longer than necessary on this matter, nor fur- ther than to state the actual fact. The publication to which this writer refers was made by me while Secretary of State. [ was charged with the duty of having the debates in the general convention which formed the Constitution printed under my direction. The copy where this for- midable colon makes its appearance was ilriade in 1819. A MS. cop}' of all the papers of the convention of 1787, with the comma after the word *' excises," just as it was written in the original Constitution, was sent to the publisher at Boston ; but he, as a printer, instead of printing from this MS. furnished to him from the Department of State, for the con- venience of printing from print instead of manuscript, took an old print- ed copy of the Constitution, contained in a volume of the Laws of Mas- sachusetts, and in that was this mischievous colon. Aftur this, a great debate took place in this House, and a Representa- tive from the State of Virginia, now no more, made this grand discovery, that there was a colon instead of a comma; and he, on the floor of the House, without naming; or charging me in the matter, spoke of it as a fraud and a forgery, copied from that (supposed) authentic copy into all the copies of the Constitution published since. In consequence of these remarks of his, another meml)er from Virginia, a friend of mine, who thought my reputation implicated, informed me of the speech, and of the charges which had been advanced. It was not, indeed, directed at me personally, but, as the book had been printed under my supervision, ! was thought to be involved in it. The g^tleman who had made the charge, at the request of my friend, examined the original copy of the Constitution, and the MS. copy by me forwarded to the printer, and there he found the comma; whereupon, he declared himself fully satisfied, so far as I was concerned. But now, fifteen or sixteen years after all this, the charge reappears in this oracular journal of Virginia. It is revived ; and the readers of that journal are told that " it is said" I was the first man thus to corrupt the copies of the Constitution, and that all my friends and supporters have carried on the same fraud and deception ever since. Now, as to the fact. This book, as I have said, was published in 1819. Now here is a copy of laws published during the administration of Mr. Madison, under the direction of James Monroe, Secretary of State, and Richard Rush, Attorney General of the United States, in 1815, four years before my publication of the Journal of the Convention, and here is found that same identical formidable and fraudulent semicolon! [A laugh.] So much for this fraud, of which I am said to have been the origina- tor ; and whatever may be said of me hereafter, I hope my friends from Virginia, in this House, will acquit me, at least, from that crime. This, however, is somewhat aside from what I was speaking about ; which was, the strictness of that Chief Magistrate by whom Louisiana was admitted into the Union, f will now return, and read to the House, from his published writings, what was his opinion as to the constitu- tionality of that admission. I have here his letter of the 12th August, 1803. It will be recollected that the Louisiana treaty had been signed in April of that year, and Congress was called to meet on the 17th October. The letter is ad- dressed to Mr. Breckenridge, then a member of the Senate, afterwards Attorney General of the United States. It relates entirely to the subject of Louisiana ; but I will read that portion only which refers to the constitutional power of Congress to adn)it that country into the Union. "The inhabited part of Louisiana, from Point Coupee to the sea, will of course be immediately a Territorial Government, and soon a State. But, above that, the best use we can make of the country, for some time, will be to give establishments in it to the Indians on the east side of the Mississippi, in exchange for their present country, and open land offices in the last, and thus make this acquisition the means of filling up the eastern side, instead of drawing off its population. When we shall be full on this side, we may lay off a range of States on the western bank, from the head to the mouth, and so, range after range, advancing compactly as we multiply. " This treaty must, of course, be laid before both Houses, because both have im- portant functions to exercise respecting it. They, I presume, will see their duty to their country in ratifying and paying for it, so as to secure a good which would other- wise probably be never again in their power. But I suppose they nmst then appeal to the nation for an additional article to the Constitution, approving and confirming an act which the nation had not previously authorized. The Constitution has made no provision for our holding foreign territory, still less for incorporating foreign nations into our Union. The Executive, in seizing the fugitive occurrence which so much advances the good of their country, have done an act beyond the Constitution. The Legislature, in casting behind them metaphysical subtleties, and risking themselves like faithful servants, must ratify and pay for it, and throw themselves on their country for doing for them unauthorized what we know they would have done for themselves had they been in a situation to do it. It is the case of a guardian, invest- 89 mg the money of his ward in purchasing an important adjacent territory ; and saying to him, when of age, I did this for your good; I pretend to no right to bind you; you may disavow me, and I must get out of the scrape as I can ; I thought it my duty to risk myself for you. But we shall not be disavowed by the nation, and their act of indemnity will confirm and not weaken the Constitution, by more strongly marking out its lines." — Jefferson^ s Writings, vol. iii,j|. 512. Now if it is possible to express an opinion on any constitutionaj ques- tion, it is expressed in that letter, without qualification. He says ex- pressly, "still less has Congress power to incorporate foreign nations into the Union." But that is not the only case in which the same person has expressed the same opinion. There is another letter here, addressed to Levi Lincoln, (the father of my honorable colleague,) th^n Attorney General of the United States, and dated the 30th August, 1803. It seems the writer had consulted with him as to what was to be done ; and there had probably been prepared the draught of an amendment to the Constitution, intended to meet the case, and legalize the act of admission. " On further consideration as to the amendment to our Constitution respecting Louisiana, I have thought it better, instead of enumerating the powers which Con- gress may exercise, to give them the same powers they have as to other portions of the Union generally, and to enumerate the special exceptions, in some such form as the following : ' ' Louisiana, as ceded by France to the United States, is made a part of the United States ; its white inhabitants shall be citizens, and stand, as to their rights and obliga- tions, on the same footing with other citizens of the United States, in analogous situ- ations. Save only that, as to the portion thereof lying north of an east and west line drawn through the mouth of Arkansas river, no new State shall be established, nor any grants of land made, other than to Indians, in exchange for equivalent portions of land occupied by them, until an amendment of the Constitution shall be made for these purposes." — Jefferson'' s Writings, vol. iv, p. 1. There is another letter to Wilson Carey Nicholas, then a member of the Senate, and one of the most distinguished sons of Virginia, after- wards a member of this House, and subsequently Governor of the Com- monwealth. This distinguished man was, at that time, the intimate and confidential friend of Mr. Jefferson. Here the writer says: " Whatever Congress should think it necessary to do, should be done with as little debate as possible, and particularly so far as respects the constitutional difficulty. I am aware of the force of the observations you make on the power given by the Con- stitution to Congress to admit new States into the Union, without restraining the subject to the territory tlien constituting the United States. But when I consider that the limits of the United States are precisely fixed by the treaty of 1783, that the Con- stitution expressly declares itself to be made for the United States, I cannot help believing the intention was not to permit Congress to admit into the Union new States, which should be formed out of the territory for which, and under whose authority alone, they were then acting. I do not believe it was meant that they might receive England, Ireland, Holland, &c., into it, which would be the case on your construc- tion. When an instrument admits two constructions, the one safe, the other dangerous, the one precise, the other indefinite, I prefer that which is safe and precise. I had rather ask an enlargement of power from the nation, where it is found necessary, than to assume it by a construction which would make our powers boundless. Our peculiar security is in the possession of a written Constitution. Let us not make it a blank paper by construction. I say the same as to the opinion of those who consider the giant of the treaty-making power as boundless. If it is, then we have no Constitution. If it has bounds, they can be no others than the definitions of the powers which that instrument gives. It specifies and delineates the operations permitted to the Federal Government, and gives all the powers necessary to carry 90 these into execution. Whatever of these enumerated objects 13 proper for a law, Congress may make the law ; whatever is proper to be executed by way of a treaty, the President and Senate may enter into the treaty ; whatever is to be done by a judi- cial sentence, the judges may pass the sentence. Nothing is more likely than that their enumeration of powers is defective. This is the ordinary case of all human works. Let us go on then perfectiiut it, by adding, by way of amendment to the Constitution, those powers which tiiOT and trial show are still wanting. But it has been taken too much for granted that by this rigorous construction the treaty-power would be reduced to nothing. I had occasion once to examine its efl'ects on the French treaty, made by the old Congress, and found that out of thirty odd articles which that contained, there were one, two, or three only, which could not now^ be stipulated under our present Constitution. I confess, then, I think it important, in the present case, to set an example against broad construction, by appealing for new power to the People. If, however, our friends shall think differently, certainly I shall acquiesce with satisfaction ; confiding that the good sense of our country will correct the evil of constructioji when it shall produce ill efiects." — Jefferson's Writings, vol. iv,p. 2. That was in September. 1803. There are others. One was written to Dr. Sibley, in all which he expressed, in terms quite as strong as those I liave now cited, the opinion that there was no power in Congress to admit the People of a foreign State into the Union, or even to annex the territory itself to ours. On this latter point I differed from him. I thought Congress might constitutionally annex the territory, the mere soil ; but not the living man ; the inhabitants have rights on the part of themselves, and there are corresponding rights on the part of those to whom they are to be an- ne.xed, over which Congress has, and can have, no power or control. It is well known, however, that, notwithstanding all these expressions of opinion, the act of admission was nevertheless consummated by the Congress of the United States, and Louisiana is now a part of the Union. I have, however, no hesitation in saying that the act was, in itself, null and void, and a majority of the People might have resisted and put it down. I never have thought tiiat the acquisition of Louisiana was le- galized by any thing else than by the acquiescence of the People. Yet, when a question is up before this body touching banks, or the currency, or tariffs, the whole House bristles up with gentlemen who will tell you that an acquiescence by the People for thirty and forty years is of no effect whatever ; that a constitutional question always remains ; that the People are always free to put down an unconstitutional usurpation, &.c. Sir, this is going beyond my theory. But I slated to the House that after exhibiting the opinions of the President of the United States respecting this annexation of Louisiana, and vi'hat was his practice, I would then state what had been n)y own. I come now to that part of my subject. Having taken my seat, as I said, in the other branch of the National Legislature, at the session of Congress called for the confirmation of the treaty of Louisiana, I was in favor of the acquisition, and willing to do all in my power to carry it into effectj Li the 4th volume of Elliot's Debates, there is a speech which I made on that subject in the Senate. [Here the morning hour expired, and Mr. A. resumed his seat.] Wednesday, July 4, 1838. Mr. AdaiMs observed that, after having adverted to the constitutional opinions and to the practical action, with regard to the acquisition of 91 Louisknaand the annexation of the People of that country to the United States, of the Chief Magistrate by whom that measure was consummated, he would now exhibit wliat iiad been his opinions and his corresponding action upon the same occasion. He had been describing his course on the subject of the cession of Louisiana, and had expressed his opinion that Congress could not take possession of a foreign territory, and annex the People thereof to the Union, without an amendment of the Constitu- tion. He said he had taken his seat as a member of the Senate of the United States in October, 1803, at the session specially called by Mr. Jeft'erson, for the consideration of the Louisiana treaty and convention ; and he would first refer to the remarks made by hijn on the bill authori- zing the creation of a stock to the amount of $11,250,000 for the pur- pose of carrying the convention into effect. They were reported in the 4ti) volume of Elliot's Debates on the Constitution, which he sent to the Clerk's table, with the request that they might be read : " Mr. Adams. It has been argued that the bill ought not to pass, because the treaty itself is an unconstitutional, or, to use the words of the gentleman from Connecticut, (Mr. Tract,) an extra constitutional act, because it contains engagements which the powers of the Senate 'were not competent to ratify ; the powers of Congress not competent to confimi, and, even as two of the gentlemen have contended, not even the Legislatures of the number of States requisite to cflect an amendment of the Con- stitution are adequate to sanction. It is, therefore, they say, a nullity. We cannot fuMl our part of its conditions, and, on our failure in the performance of any one stipulation, France may consider herself as absolved fi'om the obligations of the whole treaty on hers. I do not conceive it necessary to enter into the merits of the treaty at this time. The proper occasion for that discussion is past. But allowing even that this is a case for v^hich the Constitution has not provided, it does not in my mind follow that the 'treaty is a nullity, or that its obligations cither on us or on France must necessarily be cancelled. For my own part, I am free to confess, that the third article, and more especially the seventh, contain engagements placing us in a dilemma, from which I see no possible mode of extricating ourselves but by an amendment, or rather an addition to the Constitution. "The gentleman from Connecticut, (Mr. Tract,) both on a former occasion, and in this day's debate, appears to me to have shown this to demonstration : but what is this more than saying that the President and Senate have bound the nation to en- gagements which require the co-operation of more extensive powers than theirs to catrry them into execution 7 Nothing is more common in the negotiations between nation and nation, than for a minister to agree to and sign articles beyond the extent of his powers. This is what your ministers, in the verj' case before you, have con- fessedly done. It is well known that their powers did not authorize them to conclude this treaty, but they acted for the benefit of their country, and this House, by a large majority, has advised to the ratification of their proceedings. Suppose, then, not only that the ministers who signed, but the President and Senate who ratified this compact, have exceeded their powers. Suppose that the other House of Congress, who have given their assent by passing this and other bills for the fulfilment of the obligations it imposes on us, have exceeded their powers. Nay, suppose even that the majority of the States competent to amend the Constitution in other cases could not amend it in this without exceeding their powers, (and this is the extremest point to which any gentleman on this floor has extended his scruples) — suppose all this, and there still remauis in the country a power competent to adopt and sanction every part of our e'ngagements, and to carry them entirely into execution. For, notwithstanding the objections and apprehensions of many individuals, of many wise, able, and ex- cellent men, in various parts of the Union, yet such is the pulilic favor attending the transaction which commenced by the negotiation of this treaty, and which I hope will terminate in our full, undisturbed, and undisputed possession of the ceded territory, that I firmly believe if an amendment to the Constitution, amply sufTicient for the ac- complishment of every thing for which v;c have contracted, shall be proposed, asl think it ought, it will be adopted by the Legislature of every State in the Union. 92 We can, therefore, fulfil our part of the conventions, and this is all that France has a right to require of us. France can never have a right to come and say — 'I am dis- charged from the obligation of this treaty, because your President and Senate, iu ratifying, exceeded their powers,' for this would be interfering in the internal arrange- ments of our Government. It would be intermeddling in questions with which she has no concern, and which must be settled altogether by ourselves. The only ques- tion for France is, whether she has contracted with the department of our Govern- ment authorized to make treaties ; and this being clear, her only right is to require that the conditions stipulated in our name be punctually and faithfully performed. I trust they will be so performed, and will cheerfully lend my hand to every act necessary to the purpose. For I consider the object as of the highest advantage tons; and the gentleman from Kentucky himself, who has displayed with so much eloquence the immense importance to this Union of the possession of the ceded country, cannot carry his ideas further on the subject than I do. " With these impressions, sir, perceiving in the first objection no substantial reason requiring the postponement, and in the second no adequate argument for the rejection of this bill, I shall give my vote in its favor." Mr. Adams resumed. A few days after the debate in the Senate, in the course of which he had given these views, he had called on Mr. Madison, and expressed them to him. Mr. Madison conctirred with them entirely. I inquired of him whether or not it were probable that any member of Congress, in the confidence of the Administration of that day, would bring forward a proposition to that effect"? To these ques- tions Mr. M. had responded that he was not aware of any such intention on the part of any member. Mr. A. had then told Mr. M. that he should wait a reasonable time, and, if not made in any other quarter, should himself propose an amendment of the Constitution. Accordingly, he draughted such an amendment, and, when he showed this afterwards to Mr. Madison, the latter observed that, in his opinion, an amendment, in these words, " Louisiana is hereby annexed to the United States," would be all (hat would be necessary. A few days after tliis, on the 25ih of November, 1803, he (Mr. A.) did bring forward the following proposition : "Resolved, That a committee of members be appointed to inquire whether any, and, if any, what further measures may be necessary for carrying into effect the treaty between the United States and the French Eepublic, concluded at Paris on the 30th of April, 1803, whereby Louisiana was ceded to the United States; which com- mittee may report by bill or otherwise." But (resumed Mr. Adams) it had been determined by the Comma-ites of the day that the annexation should be made by act of Congress. For as, according to the authentic testimony of Captain Lemuel Gulliver, the people of the kingdom of Lilliput were divided into two great vio- lently contending parties upon the vitally important question wh.ether an egg should be broken at the larger or the smaller end, and were known to afl the rest of mankind by the name of the Big-endians and the Little- endians, so the people of tliis our beloved country, conscientiously and scrupulously bound to support the Constitution of the United States, each individual among us as he understands it, are divided into two great and inveterate parties, who may, with propriety, be denominated the Comma-ites and the Semicolon-ifcs ; the Comma-ites believing that the only effective limitation of the powers of Congress in the Constitution of the United States, which can save the whole nation and their posterity, to the end of time, from the gulf of consolidation and all the horrors of monarchy, is a comma, in the 1st paragraph of the 8lh section of the 1st article of the Constitution ; and the Semicolon-ites believing that the 93 powers of Congress depend not in the minutest particle upon this error of punctuation, and that whether the paragraph be written or printed with a comma or a semicolon, the powers delegated by it to Congress are precisely and identically the same ; that whether the power " to lay and collect taxes, duties, imposts, and excises," be a distinct and separate grant from that " to pay the debts and provide for the common defence and general welfare of the United States," or whether it bo a single grant of means to the attainment of an end, namely, the payment of the debts and provision for the common defence and general welfare of the Union, the extent of power granted is precisely the same. Thus stands the difference of principle. The Comma-ites allege that the power to Jay and collect taxes, duties, imposts, and excises, is limited to the ex- press purposes of the grant — the payment of debts and provision for the common defence and general welfare; and that Congress have no power to levy taxes, duties, imposts, and excises, for any other purpose ; and, further, that the end to be obtained — payment of debts, common defence, and general welfare — is also limited to the means granted, the power of taxation ; and that Congress have no lawful authority te provide for this end by any other means. They insist that the grant of power is limited by the expressed purpose, and that the purpose is limited by the specifi- cation of the power. The Semicolon-ites, admitting that the comma is the punctuation of the constitution as engrossed on parchment in the archives of the Department of State, and that the semicolon and the colon, appearing in many printed copies of the constitution, are errors of the press, originating they know not how or when, or by whom, con- sider them as perfectly immaterial. The ambiguity of the sense, they think, consists not in the punctuation, but in the phraseolog}' — in the repetition of the infinitive mood in the verb to pay, which infinitive mood is used throughout the section to mark the several specifications of the granted powers, and only in this and in one other passage to indicate the purpose for which the power is granted. But they maintain that as the whole power of taxation, in all its forms, is delegated to Congress for the expressed purpose of paying the debts and providing for the common defence and general welfare of the Union, so Congress may, by another grant of power, enact other laws necessary and proper to carry into ex- ecution the same purposes — payment of the debts and provision for the common defence and general welfare of the Union. Now the Comma-ites contend that the payment of the debts, and the provision for the common defence and the general welfare, being merely ends to be obtained, are no grants of power at all. They are strict con- structionists ; and the President of the United States at the time of the Louisiana treaty was considered, as he has ever since been held, the founder of their sect — the first and foremost of their leaders. The President of the United States of that day, and his friends, were Com- ma-ites — professed strict constructionists; and yet that Congress and that Administration did annex Louisiana to the Union. He himself (Mr. A.) was a Semicolon-ite, and believed that Congress had the powei to levy duties and to pay the debts of the Union, and that the question was one of complete indifference whether the power to levy taxes and the power to pay the debts were distinct and separate grants, or whether the power to levy taxes was granted for the purpose of accomplishing the 94 oayment of the debts. He was a liberal constructionist, and yet did not consider the Constitution as a delegation of unlimited powers. He was, a.ccord!ng to the vocabulary of the Richmond Enquirer, a latitudinarian ; and yet lie found nowhere in the Constitution a power granted to Con- gress to make a whole foreign People citizens of the United States. He was, according to the correspondent of the Richmond Enquirer, by the generous imputation of an " it is said," not only a Semicolon-ite, but the fraudulent inventor of the semicolon, and falsifier of the Constitution. He trusted he had proved that neither the honor nor the shame of that invention belonged to him. But when Louisiana was purchased, he did believe that the annexation of the People of that province to this Union transcended the lawful power of Congress, and required tiie explicit as- sent both of the People of the United States and of the People of Louisiana. Under these impressions, he ofiered to the Senate of the United States the resolution recorded upon their Journal of the 25th of November, 1803 ; and, in offering it, assigned, more at large than he had done in his remarks of the preceding 25th of October, his reasons for believing an amendment to the Constitution indispensable for annexing the People of Louisiana to this Union. But his motion for the appoint- ment of a committee was rejected. The Comma-ites, the strict con- structionists, the most straitest sect of the Pharisees, passed an act for the temporary government of Louisiana, giving to the President of the United States, within that Territory, all the powers that had ever been exercised there by the King of Spain. Afterwards, during the same ses- sion of Congress, they extended the laws of the United States over the Territory, and among the rest the revenue laws. He then made one more, and a last effort to record his solemn dissent to all those proceed ings, as utterly unwarranted by the Constitution of the United States, by the following resolutions : "Resolved, That the People of the United States have never, in any manner, delegated to this Senate the power of giving its legislative concurrence to any act for imposing taxes upon the inhabitants of Louisiana without their consent. "Resolved, That, by concuning in any act of legislation for imposing taxes upon the inhabitants of Louisiana without their consent, this Senate would assume a power unwarranted by the Constitution, and dangerous to the liberties of the People of the United States. " Resolved, That the power of originating bills for raising revenue being exclusively vested in the House of Kepresentatives, these resolutions be carried to them by the Secretary of the Senate: that, whenever they think proper, they may adopt such measures as to their wisdom may appear necessary and expedient for raising and col- lecting a revenue from Louisiana." The resolutions were rejected by yeas and nays, 4 to 22. Such then was the theory, and such was {he jyractice of the Comma- ites, the strict constructionists, with Mr. Jefferson at their head, at the time of the acquisition of Louisiana. Mr. Jefferson's opinions appear in the letters from which extracts have been read ; his acts appear upon the statute book. He signed the act giving to himself the powers of the King of Spain throughout the Territory of Louisiana. He signed the acts for taxing the inhabitants of Louisiana, and for extending the laws of the United States over the Territory. Mr. Adams voted against them all during that session. Afterwards, considering the acquiescence of the People of the United States and of Louisiana in the execution of those 95 laws, and their submission to them, as giving them, by tacit assent, a sanction equivalent to the popular voice, he has considered the constitu- tional question as settled, so far as the precedent extended ; and, at a subsi'quent period, contributed, without hesitation, his official service to a course of measures precisely similar, to accomplish the acquisition of the two Floridas. The constitutional scruple has disappeared. He has considered that the treaty-making power, together with the power of admitting new States into the Union, and a very liberal construction of the power of levying taxes, duties, imposts, arid excises, to pay the debts and provide for the common defence and general welfare, are in their combination adequate to the annexation of a foreign Territory to this Union. But he still believes that the annexation of a foreign People cannot be effected but by their own consent, and the consent of the People of the United States. This latter consent Congress has no power to give. It must be by an act of the People themselves, repre- sented in special conventions, as they gave their consent to the existing Constitution ; and my heart's desire and prayer to God is that they never will consent to be united with a People whose first entrance into the world of independent nations is with the ignominious brand of freemen transformed to slaves upon their brow. On the principle laid down in the resolutions he had offered to the Senate, he believed, and still believes, tiiat it was perfectly competent for the People of the United States to have declared the Union then and thereby at an end ; and he knew that there was, indeed, such a project at the time on foot. At that time it might have properly and consistently been carried into effect. Mr. A. then adverted to another principle in the case of Louisiana,, distinguishing it from that immediately under consideration. When the debates he had been describing took place, a reply had been given to some remarks of his own, to the effect that Louisiana was a province of a foreign Sovereign ; that that Sovereign had absolute power over that province, and, by virtue thereof, had transferred to the United Stales his right to and power over the same ; that, by the customary law of nations, among European Powers, the People were liable to be thus transferred without their consent; that the People of Louisiana had been thus transferred, and could only claim the rights stipulated for them by the treaty — which were, that they should be incorporated into the Union, and thereby become entitled to the enjoyment of ail the rights of citizens of the United States. Now, sir, (argued Mr. A.,) this principle, whether applicable or not in the other case, can have no application to the present case. Texas is not now the province of an absolute Sovereign. The People thereof have formed a Republic. They have declared themselves independent. This Government has distinctly recognised them as such. Now it is alleged that this People, thus independent, have acted for themselves in this matter; they have expressed their wish, and made their application, to become a part of this Union. They have done their part. Mr. A. admitted it. He had no authentic announcement of the fact. He found it conceded, and referred to as a fact, in the Texian legislative debates. So far, every thing had been consistent with the proper principle ; the principle that he (Mr. A.) had always contended for. But, as the appli- 96 cation foi admission into the Union had been made by the People of Texas, so only could it be entertained by the People of the United States. It was a question to be settled by the representatives of the People, in special conventions of the several States, for that purpose assembled. This seemed to him a very plain and simple principle ; and, to his mind, presented very distinctly the exact difference between the Louisiana and Florida cases and that immediately under considera- tion. Thus far (continued Mr. A.) we have been considering the constitu- tional principles involved in this case. There are, however, other ob- jections with me to the annexation of Texas to this Union — objections, the discussion of which I feel some embarrassment in approaching. I wish to proceed with this argument without giving oft'ence to any one, and without intrenching upon the order of debate. But the petition which I first presented to this House, and which was referred to the Com- mittee on Foreign Affairs, and read here by me during this discussion, protests against this annexation ; not on the ground of constitutional prin- ciples; not on the ground tliat such annexation, if it take place at all, must be by the action of the People; but the memorial protests against the annexation to this Union of Texas as a slave State ; as a Republic, in which slavery, having once been destroyed, has been reinstituted, and in which it is perpetuated beyond the reach of the Legislature itself. In the resolutions of the State Legislatures, which had been presented, with regard to this subject, and which had been referred to the Committee on Foreign Affairs, and by them returned, unread, to the House, this was the point on which, upon both sides, the chief stress was laid. One side memorialized Congress to admit Texas to the Union as a slave State ; this was the ground on which it was asked; this the motive which, it is hoped, would impel Congress to sanction it. The other side resisted such annexation on precisely the converse ground ; that it would add more slave territory to the Union, and would extend the institution of slavery within its limits. The terms of these petitions, memorials, and resolutions, it would be seen, had trius explicitly brought the whole ques- tion 0^ slavery before Congress upon its merits : slavery, as an institution ; as affecting the n^rals and the policy of the nation. And the question, which, u'hen asked a kw months ago, on that floor, by the gentleman from Vermont, [Mr. Slade,] produced such a convulsion in that bod}', had now come up fairly and distinctly before the House for its consider- ation ; and no definitive settlement of this matter could be had until that question — What is slavery ? — -should be fairly examined and answered. And yet (Mr. A. said) it was his wish to avoid that subject, as much as possible, in this discussion. He had always declared such to be his wish and intention ; and h^ had now been forced into the discussion of it by what had fallen from different gentlemen during the debate. One of these [Mr. Elmore] had designated his remarks as " insane ravings," in his place ; a gentleman distinguished, generally, for politeness, courtesy, and urbanity ; and that gentleman, too, the minister plenipotentiary of the Southern conventicle, which [Here Mr. Elmore rose and disclaimed any intention of hurting the feelings of the gentleman from Massachusetts by the hasty remark to which the latter had adverted. That remark fell from him in a mo- 97 raentary feeling of irritation, and was regretted as murli by himself as it could be by any other member on that floor.] JMr. Adams wa§ satisfied with the explanation, and was glad to be spared the necessity of commenting on the appropriateness and good taste of siich an imputation as the member from South Carolina had per- mitted himself to make u[)on remarks which had been uttered, in order, in debate. He had known instances before in which madness was im- puted to the zealous opponent of erroneous principles. He remembered to have read the story of a discussion, not dissimilar in principle to the present, in which such an imputation had been made against the "ravings" of one whose shoe's latchet he himself was unworthy to loose, for his zealous advocacy of the truth. Had the honorable member ever heard of that case? Paul stood before Festus, the Roman Governor, and King Agrippa, and delivered one of those eloquent discourses which have won the admiration of ages, and, in the midst thereof, he was in- terrupted by the Roman Governor, who "said, with a loud voice, Paul, thou art beside thyself! Much learning doth make thee mad." The apostle contented himself with simply responding, "I am not mad, most noble Festus, but speak forth the words of truth and soberness ;" and Mr. A. would beg the gentleman from South Carolina to receive from him the same answer, not as " insane ravings," but as " the words of truth and soberness." Mr. A. added, that he had felt more sensibly the force of such an ex- pression, proceeding, as it had, from a gentleman whom the House would do himself' the justice to say he drew with a graphic hand, as an accom- plished gentlen)an, a cultivated scholar, and a man of strong mind and judgment. This was a tribute due to that honorable member from all who had read the correspondence which he had had, as the minister plenipotentiary of the Southern conventicle that recommended " the gag" to be applied to members of that House, upon certain subjects, with a gentleman, [Mr. Birney,] his equal in mind, and in the power of cool deliberate investigation of the high principles involved in that discussion. He (Mr. A.) was happy that that correspondence had been spread before the nation, to be judged of as it deserved, on both sides. But all this (Mr. A. remarked) was but incidental to what he had set out with asserting, that the discussion of this part of the subject had been forced upon him by the remarks of others. When the gentleman from South Carolina, [Mr. Pickens,] who was now absent from his place for a cause which he most deeply lamented, [illness in his family at home,] had declared his wish, at a former session, to open this debate, upon the issue of slavery upon its merits, Mr. A. said he had given that honorable member notice that, when that issue was opened upon that floor, the ad- vocates of slavery would most surely find that there were two sides to the debate, and that they would not be permitted to be the only par- ties who should be heard thereupon. And he trusted that the gentleman who had now tendered this issue, by the resolution he had offered, and which was then under consideration, [Mr. Thompson,] did not indulge the idea that it would be decided until both sides should be heard thereon. And when his friend by his side [Mr. Campbell, of South Carolina,] had interrupted him in a former part of his argument, for the purpose of explanation, and had taken that opportunity to enter at large into the 98 argument, he [Mr. C] liad forced upon liitn (Mr. A.) this discussion , he- had plainly made the issue intimated by his colleagues at former periods of the discussion, and had been answered as well as the occasion per- mitted. More, much more, might have been said, and would be said, perhaps, at another time, by himself, and others much more able tban himself to do it with effect, in reply to the philosophical argument of the gentleman from South Carolina, [Mr. Campbell,] that slavery was not a political or moral evil. Mr. A. hoped that that question would be dis- cussed. But it should not be, by himself, at that time. There were ar- guments enough against the annexation of Texas to this Unron without that. One thing he would, however, add. He would beg gentlemen, whenever this issue should be deliberately tried, now or hereaiter, not to consider this question of slavery in its connexion with Texas as a ques- tion simply whether a new slave State shall be added to the Union, but whether a foreign State, in which slavery, having once been abolished, was reinstituted, and by law made a permanent institution forever, and in which laws had been enacted that slaveholders should not, if they would, emancipate their slaves, should be received as a member of this Union. This was a very different question from the other. Texas had been a free province, by the absolute decree of the Mexican Govern- ment, to which it belonged ; entirely free ; and they who had made the law which reinstituted slavery there, had usurped a power which did not belong to them in so doing. Where they got that power he hoped the gentleman from South Carolina [Mr. Campbell] would show, when he' should come to argue this question. [Here the hour expired, and Mr. Adams suspended his remarks.] Thursday, July 5, 1838. The report of the Committee on Foreign Affairs in relation to Texzs being again, under consideration as the vmfinished business of the morning hour — Mr. Adams resumed. I was saying yesterday, when cut short by the expiration of the hour, that it was not my wish to introduce the genera! discussion of the subject of slavery, either as it exists in this country or in Texas; and that, so far as I had introduced it, it had been forced upori me. It is still my intention to keep aloof from that subject at the present time, having no doubt that it will hereafter be discussed as it ought to be, and as it ought to have been for these last three years, with that freedom of speech which belongs to every men-iber of this House. I do not wish that it should be discussed prematurely ; much less is it my desire fo re- press any thing that the gentleman from Maryland and the other gentle- men of the Committee on Foreign Affairs may wish to say for them- selves, for slavery, or for the annexation of Texas to this Unioa; and that for a very good reason : I believe that what they shall say will go further to promote the cause I wish to advance than all I can urge in its favor. As to the consumption of lime, the chairman of the committee is not the man to urge here any objection or complaint on that score, when he has been shutting my mouth on this subject for these three years past. Mr. Howard here interposed, and said that he had not desired to stop the honorable gentleman. 99 Mr. Adams. I object to his now interrupting me. Mr. Howard said the gentleman misunderstood what he had said be- fore. He had objected to other gentlemen interrupting Mr. A,, because he wished him to go on with his speech, and to finish it. Mr. Adams. Yes ; and you said, " the gentleman from Massachusetts SHALL not occupy the time so as to exclude the members of the com- mittee and the friends of annexation from an opportunity of reply." Sir, I say such language comes with an ill grace from one who has succeeded in stopping my mouth, and the mouths of all who think with me, on this subject of Texas, for these three years past. Now he comes forward, at the last hour of the session, and complains of my occupying the time of the House with this discussion. Sir, I should not have occupied one fourth part of the time I have, had they not interrupted me every day and every hour. And as to the consumption of time, of which he makes so much complaint, where is the day on which that clock was suffered to indicate five seconds aller tiie expiration of tlie hour, that I have not instantly been cut short by a demand for the orders of the day 1 [The Chair here reminded Mr. A. tliat he must proceed with the sub- ject now before the House.] W'fell, sir, I will proceed in the discussion of the subject before the House. I said it had been my desire to avoid the discussion of the subject of slavery, as connected with the annexation of Texas to the Union ; but it was not possible for me to avoid the suggestion in this House, that the main and only plausible ground alleged in the resolutions of those State Legisla- tures, who are desirous for the annexation, is the principle that the admis- sion of that country will powerfully tend to perpetuate and strengthen the slaveholding interest in these States. That is the ground the}' take ; they apprize us of it, tliat we may be ready to vote in behalf of the measure. The same doctrine has been openly maintained elsewhere in this Capitol ; and undoubtedly that is the ground which will be taken here by the gentlemen from South Carolina. The}' have no other grownd to take. The annexation is demanded expressly because it will strengthen the slaveholding interest, and perpetuate the 6/esstwg- of that " peculiar institution" which distinguishes the Southern portion of this Union. That is the ground assumed in the preamble to the resolutions of the State of Alabama ; and they impute to me a fraudulent transaction; as having been perpetrated with a view to counteract the slaveholding interest of the South. So great has been the degree of indulgence and liberality with which I have been treated by the majority of this House, that I have been obliged to recur to what I can find of a report of a committee of the House of Representatives of the Stale of Mississippi to that body, for which I have so long been calling, but which has been refused to me. The Plenipotenti- ary ofilieTexian Government, Mr. Memucan Hunt, in his note to the Sec- retary of State of the United Srates, of the 12th of September, 1837, had invited his attention to a certain report made by a committee to the Le- gislature of Mississippi. I have referred to it before ; but I beg leave to read again that portion of General Hunt's letter to Mr. Forsyth. He says : " In addition to the fact that this Government, when administered by the sage of the Hermitage, proposed the acquisition of Texas by purchase from Mexico, many years before the recognition of her independence by Spain, the undersigned most respectful- 100 \y invites the attention of the honorable the Secretary of State to the report of the House of Representatives of the State of Mississippi, contained in a newspaper which he herewith presents. That report, which is said to have been adopted unanimously, alludes in strong terms to the subject of the right of this Government to admit Texas into its confederacy ; and the undersigned refers to it thus particularly, that he may be sustained by high authofity, when he assures the Secretary of State of the United States that, in submitting the proposition of annexation, it was far from his intention to ask the Government of the tjnited States to accede to a measure which Mr. Forsyth was instructed to say was believed to involve unjust principles. The undersigned assures the Secretary of State of the United States that he could not knowingly con- sent to be the medium of presenting any proposition asking of the United States a disregard of just principles." There the Plenipotentiary sends to Mr. Forsyth a paper to which he in- vites his attention. In the communication received from the Execative, in answer to a call for the papers on this subject, that paper was not in- cluded. And il is one more instance of that system of suppression of which I have so long complained, and of which I shall complain yet more. It is a paper of great importance. Why was it not sent? It contained the sanction of the chief argument of the Texian Minister by the unani- mous act of one branch of the Legislature of a State. I have not been able to obtain it. I have repeatedly asked leave to introduce a resolution calling for its production, but the House, by that same majority which has uniformly sustained the system of suppression which has prevailed for the last three years, refused me the common every-day privilege of calling for a paper. The first time I wished to ofier the resolution, I believe it was not strictly in order, although by courtesy the same thing had frequently been granted to others. But no ; objection was instantly made, and leave was refused me. 1 then offered the resolution again at a time when it was in order, viz: on the day set apart for the express purpose of re- ceiving resolutions. The Speaker then said that under the rlile the reso- lution must lie over for one day, unless the House would consider it then. This the House refused, and that one day will last beyond the close of our present session. Thus, I was not permitted to call for an important document that ought, without any special call, to have been communicated along with tlie rest on the same subject which accompanied the Secretary's report. But I happen to have, iy a publication which I now hold in my hand, a portion of that report of the Legislature of Mississippi, which it was my desire to procure by a call. I will read it to the House, in order to show the grounds on which this annexation is desired, and that the true object in view, from the beginning, has been to support and strengthen the slaveholding interest in opposition to th« views, and as a counterpoise to the influence, of the non-slaveholding States of the iNorlh : •'Mr. Phillips, of Madison, from the committee to whom was referred the memorial of sundry citizens of the county of Hinds, requesting the Legislature to memoralizc Congress in relation to the expediency of receiving Texas into the Union, made the following report thereon, to wit : ' ' Mr. Speaker : the select committee to whom were referred the memorial and reso- lutions of sundry citizens of Hinds county, requesting the Legislature to memorialize the Congress of the United States, in relation to the expediency and necessity of re- ceiving Texas into the Union without delay, and desiring that the Representatives of this State in Congress, and the Senators, be instructed to vote for the same, have had the same under consideration; and having given to this highly important subject as thorough an investigation as the limited time would permit, and having duly con- 101 sidered the many important circumstances connected with this subject, have instructed me to make the following report as the result of their dehberations ; ' ' That their decided conviction is, that the speedy annexation of Texas to this Repub- lic is a measure highly advisable in a national point of view, and of most imperious necessity to the future safety andhappiness of the Southern States of this Confederacy; and they feel fully assured that every consideration will most completely sanction and justify this important measure. " * * * * " But we hasten to suggest the importance of the annexation of Texas to this Re- public upon groimds somewhat local in their complexion, but of an import infinitely grave and interesting to the people who inhabit the Southern portion of this Confede- racy, where it is known that a species of dom.estic slavery is tolerated and protected by law, whose existence is prohibited by the legal regulations of other States of this Confederacy; which system of slavery is held by all who are familiarly acquainted with its practical effects to be of highly beneficial influence to the country within whose limits it is permitted to exist. " The committee feel authorized to say that this system is cherished by our con- stituents as the very palladium of their prosperity andhappiness; and whatever igno- rant fanatics may elsewhere conjecture, the com mitfee are fully assured, upon the most diligent observation and reflection on the subject, thai the South does not possess within her limits a blessing with which the affections of her People are so closely en- twined and so completely inflbred, and ivhose value is more highly appreciated than that which we are now considering." * * * * " It may not be improper here to remark, that during the last session of Congress, when a Senator from Mississippi proposed the acknowledgment of Texian independ- ence, it was found, with very few exceptions, the members of that body were ready to take ground upon it, as upon the subject of slavery itself. " With all these facts before us, we do not hesitate in believing that these feelings influenced the New England Senators, but one voting in favor of the measure ; and, indeed, Mr. Webster has been bold enough, in a public speech delivered recently in New York to many thousand citizens, to declare that the reason that influenced his opposition was his abhorrence to slavery in the South, and that it might, in the event of its recognition, become a slaveholding State. He also spoke of the efforts making in favor of abolition ; and that, being predicated upon and aided by the powerful influence of religious feeling, it would become irresistible and overwhelming. "This language, coming from so distinguished an individual as Mr. Webster, so familiar with the feelings of the North, and entertaining so high a respect for public sentiment in New England, speaks so plainly the voice of the North as not to be misunderstood." Observe, this is tlie Legislature of Mississippi assigning reasons why Texas oughi to be annexed tu this Union : "We sincerely hope there is enough good sense and genuine love of country among our fellovir-countrymen of the Northern States to secure us final justice on this subject ; yet we cannot consider it safe or expedient for the People of the South to entirely disregard the efforts of the fanatics, and the opinions of such men as Mr. Webster, and others who countenance such dangerous doctrines. This unholy crusade has not only a potent band of moral agitators in our own country, but they are encouraged and stimulated to action by a hypocritical fraternity of polar philanthropists across the Atlantic, headed by the recreant and purchased champion of Ireland's wrongs, whose eyes have ceased to weep over the notorious griefs of his own countrymen, that they may more conveniently distil the tears of briny sympathy over the fancied ills which appertain to a foreign land. It is true that the President, in his inaugural address, has taken a decided stand in favor of the rights of the South ; but this affords us a very precarious safeguard against the tide of fanaticism which is rapidly setting against us. The time is rapidly approximating when our Northern territory, which is fast popula- ting, will claim admission into the Union, and when those who now avew^the opinion openly that the crusade that has been commenced against slavery in the South is instigated and sustained by religious feeling, will be able to give us more serious an- noyance than we have heretofore experienced. "The Northern States have no interests of their own which require any special 102 safeguards for their defence, save only their domestic manufactures ; and God knows they have aheady received protection from Government on a most hberal scale ; under which encouragement they have improved and flourished beyond example. The South has very peculiar interests to preserve — interests already violently assailed and boldly threatened. " Your committee ai-e fully persuaded that this protection io her best interest wilt be afforded by the annexation of Texas ; an eq,xjipoi9e of influence mi the halls of Congress will be secured, which will furnish us a permanent guarantee of pro- tection." Thus much to show what are the real grounds on which the admission of Texas is unanimously desired by the whole Southern portion of this Union. This is the cuminon sentiment at the South. It is avowed. This thing was not done in a corner. It was dune openly. Wc do not charge gentlemen of the South with any concealment or duplicity in the matter. This policy, on the contrary, is openly avowed to the world by those who are so anxiously seeking to bring Texas into the Union. But then the question very naturally occurs to me, if these are the feelings, the motives, and the principles, moral and political, on which the People of that portion of the Union desire this annexation, what must be the feelings, motives, and principles, moral and political, of those portions of the Union against wliose interests and influence this measure is con- fessedly directed? Sir, they have been sufficiently disclosed in the resolutions adopted and sent to this body by the Legislatures of Ver- mont, of Rhode Island, of Massachusetts, of Ohio, of Michigan, and by the proceedings in the Legislatures of New York and Pennsylvania; and it is against the principles and the earnest wishes of these States and these Legislatures, expressed in resolutions adopted almost unanimously, that the doors of this hall have been closed ; the House has refused to permit even the reading of the resolutions themselves ; and the commit- tee to v.'hom they were referred for consideration, return them on your hands, declaring that they have not looked into one of them. It is with reference to this point alone that I have touched at all upon the subject of slavery. I do not now enter on the moral question ; suf- ficient unto the day will be the good thereof, when the question shall be fully opened, and shall be taken up at such a stage of the session as to admit of its receiving a full and fair discussion. I have referred to it now only to show that the intense interest felt in regard to the admission of Texas, in both portions of the United Stales, rests entirely on that pivot. The true motive of desiring it on the one hand, and of opposing it on the other, is to be found in its bearing on the subject of slavery. I say that, if the intention of the House was to calm the agitation of the country, and to conciliate the feelings on all sides, they ought to have considered the subject, and reported fully and impartially upon it. The committee should have reported such an argument as might have gone into all parts of the United States. They ought to have shown that the rejection of this proposal of annexation, the immediate, decided, unqual- ified rejection of it, is indispensable to the peace and welfare of this country. That would have tended, more than all other things, to pacify the feelings and quiet the agitation of all parts of this republic on a ques- tion which now so divides them. But I now pass to another topic. I refer now to the manner in which our relations with Mexico have been, now are, and will hereafter be, aflfected by the agitation of this question in the United States. , 103 In the answer of Mr. Forsyth to the proposals of the Texian Minister Plenipotentiary, in declining, for the time, the proposal of annexation, he says : ' ' The question of the annexation of a foreign independent State to the United States has never before been presented to this Government. Since the adoption of their Constitution, two large additions have been made to the domain originally claimed by the United States. In acquiring them, this Government was not actuated by a mere thirst for sway over a broader space. Paramount interests of many mem- bers of the Confederacy, and the permanent well-being of all, imperatively urged upon this Government the necessity of an extension of its jurisdiction over Louisiana and Florida. As peace, however, was our cherished policy, never to be departed from unless honor should be periled by adhering to it, we patiently endured, for a time, serious inconveniences and privations, and sought a transfer of those regions by negotiations and not by conquest. " The issue of those negotiations was a conditional cession of these countries to the United States. The circumstance, however, of their being colonial possessions of France and Spain, and therefore dependent on the Metropolitan Governments, renders those transactions materially different from that which would be presented by the question of the annexation of Texas. The latter is a State with an independent Gov- ernment, acknowledged as such by the United States, and claiming a territory beyond, though bordering on the region ceded by France in the treaty of the 30th of April, 1803. Whether the Constitution of the United States contemplated the annexation of such a State, and, if so, in what manner that object is to be effected, are questions, in the opinion of the President, it would be inexpedient, under existing circumstances to agitate. "So long as Texas shall remain at war, while the United States are at peace with her adversary, the proposition of the Texian Minister Plenipotentiary necessarily involves the question of war with that adversary. The United States are bound to Mexico by a treaty of amity and commerce, which will be scrupulously observed on their part, so long as it can be reasonably hoped that Mexico will perform her duties and respect our rights under it. The United States might justly be suspected of a disregard of the friendly purposes of the compact, if the overture of General Hunt were to be even reserved for future consideration, as this would imply a disposition on our part to espouse the quarrel of Texas with Mexico ; a disposition wholly at variance with the spirit of the treaty, with the uniform policy, and the obvious welfare of the United States." Here the matter is put in the form of a question, which implies doubt whether a foreign independent State can, under the Constitution, he annexed by Congress to the United States. And he takes the express position that so long as Mexico and Texas remain at war, the admission of the latter is impossible without a violation of treaty. This brings us to the subject of our relations with Mexico. The Secretary says, these are relations of good faith ; that there are treaty stipulations between us and Mexico, and that we cannot consent to receive Texas into the Union without a violation of them. Now, I wish to bring the House to the consideration of that which, though I fully believe it to be true, I may not be allowed to prove, unless I first put the proposition in a contingent form. I say, then, that though we remain, formally and legally, at peace with Mexico, yet, if a system of deep duplicity worthy of Tiberius Caesar, or Ferdinand of Arragon, had been the policy of this and of the last Administration in regard to her, it could not have been exceeded by that line of conduct which actually has been pursued towards that Republic. I put the position that a system of the deepest duplicity has been pursued by the Administration ever since the 4th of March, 1829, to this day, or at least till yesterday, when the chairman of the Committee on Foreign Affairs prevailed on this House 104 to suppress llie publication of a mass of most important documents senl here as an accompaniment to a message from tiie President of the Unite(^ States; and 1 say, further, that tliat system of duplicity has had for its object the bleeding of a war with Mexico, in order that under the cover of such a war we might accomplish . the annexation of the province of Texas to this Union. The proofs of this are to be found in a gr.^at volume of documents, the greater portion of them in manuscript, received only yesterday, in answer to a call made four or five months ago. These important papers are now presented in the last days of a very long session, when, even if they were printed, there is not time left for the members of this House to possess themselves of what they contain. And now, while an investigation of the whole subject is called for, the chairman of the Committee on Foreign Afi'airs gets up and proposes to suppress them. [Mr. Howard. I did not propose any such thing.] 1 say he did ; and I refer to the Journal to prove it. He did propose to refuse the printing of the documents as a whole, but wanted the ap- pointment of a committee to garble them, and present to the House an incomplete transcript: and this is all consistent. If gentlemen will look, at the calendar on the Speaker's table, they will find that, as long ago as the 19th of February, I offered here four resolutions, as follows : " Resolved, That the just claims of citizens of the United States upon the Government of the Mexican Republic, for indemnity for injuries upon their persons or property, committed by officers or other persons subject to the jurisdiction of the Mexican confeder- ation, ought not to be sacrificed or abandoned by the Government of the United Stales. " Resolved, That the existing relations between these United States and the Mex- ican Republic cannot justify the United States, on any principle of international laWy in resorting to any measure of hostility against the Mexican Government or People. ' ' Resolved, That in the present state of the relations between these United States and Mexico, nothing has occurred which can justify the continued suspension of ami- cable negotiations between them. " Resolved, That the President of the United States be requested to resume amica- ble negotiations with the Government of the Mexican confederation." Five months ago these resolutions were offered to the House, and they are yet waiting to be taken up for consideration. And what did the com^ mittee do? Sir, they have not reported on the part of the President's annual message upon our relations with Mexico yet. Last week a gentleman from Pennsylvania [Mr. Biddle] called on the chairman, and requested, as a matter of courtesy, to know whether it was the intention of the committee to report on those resolutions'? The chair- man (with a reserve for his dignity, and denying the right of any mem- ber to question him) graciously condescended to reply, that it was. The committee, then, intend to report. But when 1 And what discussion can be had within the three remaining days of this session? Yet this House have had those resolutions before them ever since the 19th of February*' Resolutions in support of the claims of citizens of the United States. The}' have never looked, 1 presume, into any one of the papers refer- red to. They report on every thing without looking into it. [A laugh.] Sir, this is but an incident in that general system of duplicity on this subject which I have denounced to the world. The system was com- menced pretty early. The revolution in Texas constituted one essential part of it. At the time when the independence of Mexico had been ac- knowledged by this country, negotiations were instituted between this 105 Govenmient and tliat of Mexico as to the boundary line between ihelwo Territories. Even before tiie formal acknowledgment of independence, a statement had been made here by the representative of another South American State of a proposition by Mexico to adopt and conform to the boundary line established by the treaty of 1819. The first Minister of the United States to Mexico was authorized to agree to that proposition, and commissioners were appointed to trace out the line, commencing at the mouth of the Sabine, and running across the continent to the South Sea. This was the line agreed upon in our treaty with Spain, to which Mexico had agreed to conform. But there were a certain portion of the population of the United States who had been desirous of including wiihin the line, on our side of it, the country between the Sabine and the Rio del Norte ; and to accommodate them (Texas then being a free State) the Minister of the United States was authorized to propose a new line, extending to the Brasses, to the Colorado, or to the Rio del Norte, as the disposition of Mexico might assent. But, from the tirst moment that suggestion was made, a strong degree of suspicion and jealousy sprang up on the part of Mexico, that there was a purpose, on the part of the United States, to obtain this portion of her territory against her will. They did not, indeed, meet the proposi- tion with an absolute denial ; but proposed the appointment of commis- sioners to find out what would have been the line under the treaty nego- tiated by Thomas Pinckney with Spain, in 1795, which line would have been found to be the river Mississippi. In the most friendly manner the Mexican Secretary of State expressed the opinion that this line should first be ascertained. [Here the morning hour expired.] Mr. Adams expressed regret that the hour should have elapsed at so interesting a point of the discussion, and said he did not wish to occupy much more time. Mr. Elmore moved to suspend the rules, and allow Mr. A. to proceed, and conclude his speech. Mr. Dromgoole inquired whether the gentleman from South Carolina tneant that the suspension should end with Mr. Adams's speech, so as to preclude the opportunity of reply 1 If such an arrangement should take place, it would be gross injustice. Mr. Elmore said he had relied on the assurance of the gentleman from Massachusetts that he should not occupy much more time. Mr. Adams protested against the idea that by the suspension he was to be limited as to time in concluding his remarks. Mr. Elmore's motion to suspend was thereupon rejected. Friday, July 6, 1838. Mr. Adams said that, at the expiration of the morning hour the day before, he had been discussing the conduct of this Government towards Mexico from the commencement of the last Administration to the pres- ent time ; and was laying down the position that that conduct would have been the very same had the object been to practise a systematic course of fraudulent policy towards that Government, worthy of a Tiberius. Caesar or Ferdinand of Arragon. in order to expose that fraud most fully to the country, which has a right to know and to understand \i 106 aright, the printing of the voluminous documents that had accompanied the message of ttie President on the subject of our Mexican relations, and which lie on the table, would be necessary. But it had been refused by a vote of the House.* Still Mr. A. presumed that this would not inhibit him from using those papers as matters of reference ; and between this time and the next session of Congress, (when this part of the subject, he hoped, would be freely and fully discussed,) he should prepare himself to prove the assertion he had made with regard to the conduct of the Gevernment towards Mexico, by the evidence which such a reference would afford. At present, ho should merely touch upon this part of the subject in a general way. He had stated, the day before, that, before the United States acknowl- edged the independence of the Mexican Republic, a proposal was made by them to the Government of the United States, through the agency of Mr. Torrens, then Charg6 d'Affaires from the Republic of Colombia, the independence of which had been previously recognised by Mr. Mon- roe, that " the limits between the two countries be fixed according to the 3d article of the treaty of Washington, of the 22d of February, 1819, be- tween the United States and Spain, drawing the line and establishing the landmarks, by commissioners appointed by both Governments, in the same manner as was provided by the 4th article of the said treaty." The note of Mr. Torrens containing this proposal, dated the 15th of February, 1824, is among the papers communicated to this House at the special ses- sion of Congress, last October, in the document No. 42, Whether any immediate answer was given to the note of Mr. Torrens does not appear in the document, and is not within ray recollection. The answer to the note, if any was given, may be among the voluminous mass of [Papers just now communicated, and lying on the table, or it may be among the archives of the Department of State. It would be recollected by members of that House that, on occount of impending difficulties, there had not been an American Minister to Mex- ico for two or three years after the acknowledgment of the independence of that Republic. Two attempts were made to make such an appoint- ment ; neither of which was successful. The first person selected to fill that station was General Andrew Jackson, who did not accept the ap- pointment. The second was Ninian Edwards, who accepted it, but was prevented, by circumstances within the memory of us all, from entering upon the discharge of its duties. A year or more elapsed, afier'the note of Mr. Torrens, and there was yet no Minister to Mexico. At length Mr. Poinsett was sent thither. Among the documents laid upon the tables of members of that House, there was a letter of instructions from the Secretary of State, dated March 26, 1825, to Mr. Poinsett, containing a reference to this question of the boundary line between the United States and Mexico. It begins with a copy of the treaty defining that line, and * Afterwards, that vote was reconsidered, on motion of Mr. Robertson, of Vir- ginia, and a committee of three were appointed, of which he was the chairman, to select such portions of the documents as, in their judgment, it was expedient to have printed ; and the report of that committee, recommending the printing of certain of the papers, &c., in question, was subsequently adopted by the House, and the print- ing ordered accordingly. — Reporter. 107 says that that part of the treaty remained to be executed, after the re- cognition of Mexican independence. And in the same letter there was the following paragraph : "Some difficulties may possibly hereafter arise between the two countries from the line thus agreed upon, against which it would be desirable now to guard, if practica- ble ; and as the Government of Mexico may be supposed not to have any disinclina- tion to the fixation of a new line, which would prevent those difficulties, the Presi- dent wishes you to sound it on that subject, and to avail yourself of a favorable dis- position, if you should find it, to effect that object. The line of the Sabine ap- proaches our great Western mart nearer than could be wished. Perhaps the Mexican Government may not be unwilling to establish that of the Rio Brasses de Dios, or the Rio Colorado, or the Snow mountains, or the Rio del Norte, in lieu of it. By the agreed line, portions of both the Red river and branches of the Arkansas are thrown on the Mexican side, and the navigation of both those rivers, as well as that of the Sabine, is made common to the respective inhabitants of the two countries. When the countries adjacent to those waters shall come to be thickly inhabited, col- lisions and misunderstandings may arise from the community thus established, in the use of their navigation, which it would be well now to prevent. If the line were so altered as to throw altogether on one side Red river and Arkansas, and their respective tributary streams, and the line on the Sabine were removed further west, all causes of future collision would be prevented. The Government of Mexico may have a motive for such an alteration of the line as is here proposed, in the fact that it would have the effect of placing the city of Mexico nearer the centre of its territories. If the line were so changed, the greater part, if not the whole, of the powerful, war- like, and turbulent Indian nation of the Camanches would be thrown on the side of the United States ; and as an equivalent for the proposed cession of territory, they would stipulate to restrain, as far as practicable, the Camanches from committing hos- tilities and depredations upon the territories and people, whether Indians, or other- wiee, of Mexico." Then followed an argument to show the expediency and propriety of this line, and the passage thus concludes : "But if you shall find that the Mexican Government is unwilling to alter the agreed line in the manner proposed, and that it insists upon the execution of the third and fourth articles of the treaty before mentioned, you are authorized to agree to the recognition and establishment of the line as described in the third article, and to the demarcation of it forthwith, as is stipulated in the fourth." Of course the Minister was instructed upon the supposition that the Government of Mexico would be willing to alter the line, to propose a new one, varying two degrees from that of the Sabine, established by the treaty with Spain. But, if she were not willing to accede to this, he was instructed to propose commissioners to inake a survey, with a view to establishing a line. This proposition, as had been stated the day before, was found to be exceedingly disagreeable to the Mexican Government. Yet, at a still later period, (1827,) a new proposition, still more specific and particular, to the same effect, was made by this Government to Mexico. In the instructions from the Department of State it was said : " The great extent and the facility which appears to have attended the procurement of grants from the Government of the United Mexican States, for large tracts of country to citizens of the United States, in the province of Texas, authorize the belief that but little value is placed upon the possession of the province by that Government. These grants seem to have been made without any sort of equivalent, judging accord- ing to our opinions of the value of land. They have been made to, and apparently in contemplation of being settled by, citizens from the United States. These emigrants will carry with them our principles of law, liberty, and religion ; and however much it may be hoped they might be disposed to amalgamate with the ancient inhabitants of 108 Mexico, so far as political freedom is concerned, it would be almost too much to expect that all collisions would be avoided on other subjects. Already some of these collisions have manifested themselves, and others, in the progress of time, may be anticipated with confidence. These collisions may insensibly enlist the sympathies and feelings of the two Republics, and lead to misunderstandings. " Then there was a further argument proposing an alteration of the line : ' ' The boundary which we prefer is that which, beginning at the mouth of the Rio del Norte in the sea, shall ascend that river to the mouth of the Rio Puerco ; thence, ascending this river to its source, and from its source, by a line due north, to strike the Arkansas ; thence, following the course of the southern bank of the Arkansas, to its source, in .latitude 42 degrees north ; and thence, by that parallel of latitude to the South Sea. The boundary thus described would, according to the United States Tan- ner's map, published in the United States, leave Santa Fe within the limits of Mexico, and the whole of Red river, or Rio Roxo and the Arkansas, as far up as it is probably navigable, within the limits assigned to the United States. If that boundary be unattainable, we would, as the next most desirable, agree to that of the Colorado, beginning at its mouth, in the bay of Bernardo, and ascending the river to its source ; and thence, by a line due north, to the Arkansas ; and thence, as above traced, to the South Sea. This latter bounJary would probably also give us the whole of the Red river, would throw us somewhat further from Santa Fe, but it would strike Arkansas possibly at a navigable point. To obtain the first-described boundary, the President authorizes you to oft'er to the Government of Mexico a sum not exceeding one mil- lion of dollars. If you find it impracticable to procure that line, you are then autho- rized to offer, for the above line of the Colorado, the sum of five hundred thousand dollars. " Now, these two propositions were made when Texas was free, slavery having been abolished by law in that province ; and Mr. A. said thai he referred to theui at this time, because there had then already been grants of land made to citizens of the United Stales in that province, laying the foundation of that spirit lately and at present so manifest in this country, of grasping at that territory. He had said that this proposition of altering the boundary between this country and Me.xico was highly disagreeable to the latter. The Minister from this Government had been authorized to make a treaty of commerce as well as of limits. He sa3s: "I waited on the Secretary of State, by appointment, on the morning of the 12th instant, in order to discuss the manner of conducting the negotiations for the treaties of commerce and of limits between the two nations. It was agreed to treat the two subjects separately." * » * ♦ » " With respect to the treaty of limits, I suggested that, although the Government of the United States held itself bound to carry into effect the treaty of limits concluded with the King of Spain, 22d of February, 1819, still it would appear more becoming the independent character of this [Mexican] Government to lay aside that treaty alto- gether, and to endeavor to establish a boundary which would be more easily defined, and which might be mutually more advantageous. The Secretary expressed himself much gratified by such a suggestion, and proposed that the two Governments should forthwith appoint commissioners to make a reconnoissance of the country bordering on the line formerly settled with Spain, so as to obtain such information in regard to that portion of our respective territories as would enable us to act understandingly on the subject." There was the proposition. The Minister proposed that the commis- sioners should be appointed to trace the line, under the treaty of 1795, *' so as to enable us to act understandingly," «Stc. He continues : ' ' I objected to this proposal the limited powers of the President of the United ■States, and that such an appointment could not well be made until the next meeting of Congress. He replied that his Government would be very averse permanently to fix the limits between the two nation.s on the very slender information they at present possessed of that frontier country." 109 There is the first answer to the first proposition ; and it required no great depth to understand the feelings with which that proposition was regarded by Mexico. The letter proceeds : *' After some further conversation on the subject, it was agreed that he should address me a note, stating the views of this [Mexican] Government in relation to the proposed convention of limits. This has not yet been received." Well, (continued Mr. A.,) then follows the note of the 20lh of July, 1825, in which the Mexican Secretary of State distinctly proposes that the two subjects of negotiation be treated separately, and without ref- erence to one another. "We might then, if your excellency thought proper, and this is the opinion of the President, proceed immediately to negotiate the treaty of commerce, leaving on one side the point of limits ; and that we might negotiate on this subject, the two Governments might name their commissioners, who, on examining together the country within a given latitude, from one sea to the other, might present exact infonnation, upon which the limits might be established, as is desired.'' To this Mr. Poinsett objects, as he had done before. Then follows a letter dated in March, 1826, and written by Mr. Poinsett to Mr. Clay, nine months afterwards : " By the colonization law passed in August, 1824, the General Government re- served twenty leagues of land from the frontiers of neighboring nations, and ten leagues from the sea shore, vwhich cannot be granted by the States except with the previous consent of the Executive. Having learnt that the President I\ad given his consent to a grant of land made by the State of Coahuila and Texas, of a tract situated within that limit, on the Red river, I called this morning at the office of the Secretary of State, and told Espinosa that I should not consider any grant as valid that was made while the negotiations were pending, in the event of that portion of country being included by the treaty within the limits of the United States. He ad- mitted that the objection was proper, and engaged to write to the State of Texas on the subject." Here Mr. Poinsett undertakes to protest against grants of land, on the ground that the territory in question may be annexed to the United States. On the 18th of March, a few months after this, he says : " This Government has appointed General Teran to examine the country near our respective frontiers, and to %btain such information as will enable them to treat upon that subject underslandingly." The Government of Mexico at this time fell so deep an interest in this matter of the boundary, that, without waiting for the treaty, they under- took, by their own authority, to trace the line. This was analogous to a proceeding at home, to a question now pending, and which Mr. A. wish- ed were settled, as indeed it must be, one way or another, before long ; and it was now a question whether Maine should not do as Mexico had in this instance done, and run her own boundary line, without reference to the wishes or action of Great Britain. At a later period, (continued Mr. Adams,) Mr. Poinsett says, under date of the 6th of October, 1827 : *'The only act passed by the Congress, since the commencement of their session, of any importance, is the appropriation of fifteen thousand dollars towards defraying the expenses of the commissioner, General Teran, appointed by this Government to examine and report upon the country which lies near and upon the boundary between the United States and Mexico, agreeably to the views of this Government, as expressed in their communication of the of August, 1825. The commission has not set out on this expedition for want of funds, Congress having appropriated' wh^t the Treas- ury docs not at this moment contain. In private conversations with the President and 110 Secretaries, I have sought to convince theto of the uselessness of this expedition until the treaty of limits is definitively settled. Th^ say, in reply, that the public is so anx- ious to have that question settled, that they think it politic so to act at present, and assure me of their earnest desire to adjust that delicate point as soon as possible." There is a subsequent document in which there is a formal acknowl- edgment that the Republic of Mexico possessed the right separately to draw tliis line. Ou the 19th of March, 1828, Mr. Obregon, Mini.ster Plenipotentiary from Mexico to the United States, informed their Secretary of State, Mr. Clay, that the Mexican Government had appointed General Teran to perform (separately) the scientific operations and surveys necessary to proceed in the execution of the treat}' of limits. To this notification Mr. Clay answered on the 24th of March ; and in that answer says : " The treaty to which you are understood to refer, lately concluded at Mexico, has not yet been received, and consequently is not yet ratified by this Government. Any joint measures, therefore, in relation to its execution, would.be premature until that ceremony is performed. But as the operations and surveys contemplated by General Teran's appointment are presumed to be intended for the satisfaction of the Govern- ment of the United States of Mexico, the President has no objection to them. I have therefore the pleasure of transmitting the passport requested from this office, which, although it may not be necessary to the security of General Teran and his suite, may conduce to the removal of any obstructions which, without it, he might possibly en- counter." In order to show the interest which the Government of Mexico attach- ed to this subject at the time, Mr. A, referred to another letter of Mr. Poinsett to Mr. Clay, in which the former said : "The Mexican Chamber of Deputies passed a resolution, when the treaty was for- merly before them, on which, I understand, they will insist. It is in these words, viz : ' This Chaniber will not take into consideration the treaty which the Government has concluded with that of the United States of America, until an article shall be inserted m it recognising the validity of that which was celebrated by the cabinet of Madrid, in the year 1819, with the Government of Washington, respecting the limits of the ter- ritories of the two contracting parties.' " The Plenipotentiaries, in reply to all my observations on the subject, and to my proposals to alter the limits, insisted that Mexico had a right to consider that treaty binding upon the United States, as being invested with all the rights of Spain, and bound by all the obUgations of the mother country. They instanced the cession made by Spain to Great Britain of certain rights in the Bay of Honduras, which, however inconvenient to the Mexican Government, it had nevertheless felt itself bound to rat- ify ; and, in short, declared that if I did not consent to comply with the resolution of the Chamber of Deputies, it would be useless to discuss the other articles of the treaty, as it was certain that Congress would not ratify any treaty which did not contain such a provision." The treat}' of commerce laid before the Legislature of Mexico for their assent was not taken into consideration, on the ground that the ques- tion of limits was not yet settled. A protocol of conference to conclude a treaty of limits was then issued, in which allusion was made to the res- olution of the Chamber of Deputies on the subject, and which resolution was as follows : •' The Plenipotentiaries of Mexico read the resolution of the Chamber of Deputies, which is in the following words, viz : " 'This House will not take into consideration the treaty which the Government has concluded with the United States of America so long as it does not contain an ar- ticle which shall renew the existence of the treaty celebrated by the cabinet of Mad- rid in the year 1819, with that of Washington, Tespecting the territorial limits of the two contracting parties.' ill *'This resolution was passed on the 2d of April, 1827, and the treaty was accord- ingly sent back to the President of the United Mexican States. "The Plenipotentiaries observed that this resolution rendered it imperative upon the Executive first to settle this important question ; and, from the tenor of the note addressed to them by the Plenipotentiary of the United States, they presumed he could have no objection to regard the above-mentioned treaty as in full force and binding upon the United States." And the protocol proceeds to say : " The Plenipotentiary of the United States replied that, although the limits, as set- tled by the treaty of Washington, were liable to some objections, and might be alter- ed advantageously for both the contracting parties, as he had before frequently ex- plained, still, if the Government of Mexico insisted upon the execution of the third and fourth articles of that treaty, he could not object to it. ' ' The Mexican Plenipotentiaries said that their Government had invariably acted upon the principle that Mexico was bound to respect the treaties of the Spanish mon- archy prior to the declaration of her independence ; as, for instance. Great Britain had acquired rights from Spain within the territory of Mexico, (in the Bay of Honduras,) which, however inconvenient to this Government, it was proposed not to disturb, and had acknowledged the existence of those rights in the recent treatj^ with that Power. " The Plenipotentiary of the United States replied that he did not intend to dispute the validity of a treaty concluded between the United States and Spain at a period when Mexico formed a component part of the Spanish monarchy ; and that it was ev- ident from former conferences, and from his note on that subject, that he had never controverted this principle. Any alteration of the treaty of Washington must depend upon the mutual consent of the present contracting parties ; but as the Executive and the Chamber of Deputies of Mexico appeared determined ^ insist upon carrying the third and fourth articles of that treaty into effect, he should no longer object to it." The protocol of the next conference contained an article to that effect. Mr. A. said he had referred to all these documents to show the extreme interest felt by the Government of Mexico in this question of boundary. He now came to a very important and particular instruction from Mr. Van Buren, as Secretary of State, to Mr. Poinsett, in the year 1829. This was a very long letter, and began thus : " It is the wish of the President that you should, without delay, open a negotiation with the Mexican Government for the purchase of so much of the province of Texas as is hereinafter described, or for such a part thereof as they can be induced to cede to us, if the same be conformable to either of the locations with which you are herewith furnished. The President is aware of the difficulties which may be Interposed to the accompUshment of the object in view; but he confidently beheves that the views of the matter which it will be in your power to submit, and the pecuniary consideration which you will be authorized to propose, will enable you to effect it. He is induced, by a deep conviction of the real necessity of the proposed acquisition, not only as a guard for our Western frontier, and the protection of New Orleans, but also to secure for- ever to the inhabitants of the valley of the Mississippi the undisputed and undisturbed possession of the navigation of that river, together with the belief that the present mo- ment is particularly favorable for the purpose, to request your early and unremitting attention to the subject. " The territory of which a cession is desired by the United States is all that part of the province of Texas which lies east of a line beginning at the Gulf of Mexico, in the centre of the desert or Grand Prairie, which lies west of the Rio Nueces, and is represented to be nearly two hundred miles in width, and to extend north to the moun- tains. The proposed line following the course of the centre of that desert or prairie, north, to the mountains, dividing the waters of the Rio Grande del Norte from those that run eastward to the Gulf, and until it strikes our present boundary at the 42d de.gi-ee of north latitude. It is known that the line above described includes the Span- ish settlements of La Bahia and San Antonio de Bexar, comprising all the Mexican inhabitants of the province, and this may furnish an objection to so extensive a cession. If, from this circumstance, the objcctign should be made, and you find the Mexican 112 Government disposed to cede any portion of the territory in question, you are aulho- vized to agree to any of the following lines, regarding those furthest west as preferabk- The second proposed line commences on the western bank of the Rio de la Baca, where it discharges itself into Matagorda Bay, and continuing up that river on the western bank thereof, to the head of its most westerly branch ; thence, due north, until the line shall strike the Rio Colorado ; and thence, up the Colorado river, on the west- ern bank thereof, to the head of its principal stream ; thence, by the most direct course that will intersect our line at the 42d degree of north latitude, and include the head- waters of the Arkansas and Red rivers. "The third proposal may be a line to commence at the mouth of the Rio Colorado, where that river empties itself jnto Matagorda Bay, and on the west bank thereof, to continue up that river to the head of its principal stream ; and thence by a line drawn from the head of its principal stream so as to intersect our present boundary line at the 42d degree of north latitude, including also the head-waters last mentioned. "The last proposition may be a line to commence on the Gulf of Mexico, at the mouth of the Rio Brassos de Dios, and on the westerly bank of that river, to pursue the course of that river up to the head of its most westerly branch by the west bank thereof; and from the head of that branch of the river by such a course as will enable us to intersect our present line at the point already indicated." There was, in this letter, a very long arguiiienl in favor of the propo- sitions wliich Mr. Poinsett was instructed to make to the Mexican Gov- ernrwent ; and some portions of that argument were worthy the attention of the House. The writer says : " We are not left altogether to conjecture and speculation as to the results which are to be expected from a contiguity of settlements under such unfavorable circum- stances. The experience of the past affords the means of a safe estimate of the future. A spirit of enterprise, and not unfrequently of encroachment, has been exhibited by our citizens who inhabit that frontier, which has been productive of much uneasiness to the Mexican Government, and not without solicitude to this. Most of the grants that have been made in Texas are already in the hands of Americans and Europeans. Notwithstanding the cautious policy evinced by the Mexican Government in the desig- nation of an extensive border territory, within which no grants should be made or set- tlements permitted, the improvements of the Americans on the Texas side commence from what is regarded as the boundary line, and are scattered over the prohibited ter- ritory. Not only has the interdict been thus disregarded by the adventurous spirits who have been attracted thither by the unsettled state of the Mexican Government, but that Government itself has (it is understood) been induced, by a conviction of the impossibility of causing it to be respected, to make grants within its limits. The want of confidence and reciprocal attachment between the Government and the present in- habitants of Texas, (not Spanish,) from whatever cause arising, is too notorious to require elucidation. It has, in Ihe short space of five years, displayed itself i7i not less than four revolts, one of them having for its avowed object the independence of the country. This Government embraced the earliest opportunity to satisfy that of Mexico that the resistance to her lawful authority thus made was without aid or coun- tenance, direct or indirect, from us. The ancient and well-settled policy of the United States in this respect is so well known, and has been so scrupulously adhered to, as to leave no room for apprehension that it can be ever or long misunderstood by other Powers. But still, the recurrence of scenes like these, whilst they furnish the causes of onerous expenses and perpetual inquietude on the part of Mexico, must, in the na- ture of things, have a tendency to excite at least temporary suspicions of our motives, and produce consequent heart-burnings, hostile to those cordial and friendly relations which should ever be preserved between neighboring States." Here, by the authority of the head of the very party now proposing to annex this territory, it is admitted that the want of confidence and re- ciprocal attachment between the Government and inhabitants of Texas " has, in the short space of five years, displayed itself in not less than four revolts, one of them having for its avowed object the independence of the country." 113 In anotlier part of tliese instructions (continued Mr. Adams) occur the following passages : *' The President does not desire the proposed cession without rendering a just and fair equivalent for it. He therefore authorizes you to offer to the Mexican Govern- ment, for a cession according to the lirst-mentioned boundary, a sum not exceeding four millions of dollars ; and so strong are his convictions of its great value to the .United States, that he will not object, M"you should find it indispensably necessary, to go as high as five millions. You Will, of course, consult the interests of the United States, by obtaining the cession (if it can be obtained at all) upon terms as favorable and for a price as low as practicable, regarding the sum above stated only as the maxi- mum amount to which you are authorize(J to go. Should you find the Government of Mexico unwilling to part with as large a portion of their territory as would be in- cluded in the first-mentioned bounds, but disposed to cede a less quantity, you will, in such case, endeavor to obtain a cession agreeably to some one of the boundaries above described, urging them in the order of preference before stated, and stipulate to pay therefor a sum which, estimating five millions as a fair compensation for the largest extent proposed, would be a proportionate equivalent for that which is ceded." ***** * * * '• / have already stated that the present moment is regarded by us as an auspicious one to secure the cession ; and will now add, that there does not appear to he any reasonable objection to its being embraced, on the score of delicacy, or from an ap- prehension that, in doing so, we would give offence to the Government of Mexico. Nothing would be more adverse to the feelings of the President than to give that Government reasmi to believe that he is capable of taking advantage of their neces- sities to obtain from them any portion of the Mexican territory, the cession of which would impair the true interests or commit the honor of that country. " The comparatively small value of the territory in question to Mexico; its re- mote and disconnected situation ; the unsettled conditio7i of her affairs; the depressed and languishing state of her finances ; and the still, and at this moment particu- larly, threatening attitude of Spain, all combine to point out and recommend to Mexico the policy of parting with a portion of her territory of very limited and contingent benefit, to supply herself with the means of defending the residue with the better prospect of success, and with less onerous burdens to her citizens." In these paragraphs (continued Mr. Adams) are proofs abundant of both parts of that duplicity which I have charged against the late Ad- ministration in regard to its Mexican policy. This letter of instructions artfully touciies upon a series of arguments for ti)e accomplishnoent of the designs of this Government, while it contains a denial of all intention to take advantage of those arguments for that purpose. In the first place, there is the admission explicitly made that this Government might take advantage of the circumstances alluded to to wrestl Texas from Mexico, and then a disavowal of all such intention. Taken together, do they not clearly make out a case of double-dealing on the part of this Govern- ment with that of Mexico? This letter was dated August, 1829. It so happened that, before it could reach our Minister in Mexico, that Min- ister had become so obnoxious to the Government of that Republic, chiefly on account of the earnestness with which he pressed this odious subject of the boundary, that that Government had sent to ours a demand for his immediate recall. The letter of Mr. Van Buren was dated August, 1829, and was despatched by a person by the name of Butler, who, arriving in Mexico, found that that Government had peremptorily demanded the recall of Mr. Poinsett. For proof of this, I will refer the House to the message of President Jackson at the commencement of the session of 1829-'30 : "The recent invasion of Mexico, and the effect thereby produced upon her domestic policy, must have a controlling influence upon the great question of South American 8 114 emancipation. We liave seen the fell spirit of civil dissension rebuked, and, perhap:f forever, stifled in that Republic, by the love of independence." * * . " Deeply interested as we are in the prosperity of our sister Republics, and more, particularly in that of our immediate neighbor, it would be most gratifying to mo were I permitted to say that the treatment which we have received at her hands has been as universally friendly as the early and constant solicitude manifested by the United States for her success gave us a right to expect. But it becomes my duty to inform you that prejudices, long indulged by a portion of the inhabitants of Mex-» ico against the Envoy Extraordinary and Minister Plenipotentiary of the United States, have had an unfortunate influence upon the affairs of the two countries, and have diminished that usefulness to his own which was justly to be expected from his talents and zeal. To this cause, in a great degree, is to be imputed the failtire of several measures equally interesting to both j)arties ; but particularly that of the Mexican Government to ratify a treaty negotiated and concluded in its own capital and under its own eye. Under these circumstances, it appeared expedient to give to Mr. Poinsett the option either to return or not, as, in his judgment, the interest of his country might require ; and instructions to that end were prepared ; but, be- fore they could be despatched, a communication was received fi'om the Government of Mexico, through its Charge d' Affaires here, requesting the recall of our Minister. This was promptly complied with ; and a representative, of a rank corresponding with that of the Mexican diplomatic agent near this Government, was appointed. Our conduct towards that Republic has been unifonnly of the most friendly character ; and, having thus removed the only alleged obstacle to harmonious intercourse, I cannot but hope 'that an advantageous change will occur in our affairs." Mr. Poinsett went liome, and Mr. Butler remained as Charge d'Affaire& from the United States to Mexico, and the instructions whicli he bore lo Mr. Poinsett were extended to him. As to the circumstances attending the appointment of Mr. Butler to this office, there was no document that he (Mr. A.) knew of that explairsed them; hut he believed that, among the mass of documents which had accompanied the President's message the other day, and which the House had laid on tlie table, and refused to print,* enougli would be discovered, at least, to raise the suspicion that this same Mr. Butler was himself deeply concerned in speculations in Texas lands. Mr. A. was unwilling to set on foot suspicions to the injury of any one, and he should at this time refrain from saying what he thought was evidence that Mr. Butler was interested in the lands of Texas, and in the revolution which followed soon after he went to Mexico. One step further, and one year later. Here we have the state of things as they existed in 1829. I will now (said Mr. A.) take the lib- erty of reading from a letter, written by Dr. Mayo, a confidential officer of the Government at the time, written in 1830, to the President of the United States, in which there was enclosed a cipher, — the cipher, 1 be- lieve, of the Masonic order, Here Mr. Boon rose, and called the orders of the day, alleging that the morning hour had expired. Mr. Howard would make an inquiry. It was now Fi'iday ; the House was to adjourn on Monday ; in case the gentleman from Massa- chusetts did not finish his remarks, so as lo afford time for a reply at this session, could they be rejiiied to at the next session of Congress 1 The Chair said that that would be for the House to decide at the; proper time. See note, ante, page 106, . 115 Mr. Adams remarked that the time of that House was under the con- trol of the gentleman and his friends, and not in his own. And here the House proceeded to the orders of the day. Saturuay, July 7, 1838. Mr. Adams. When the hour expired yesterday, I was adducing evi- dence to show that the conduct 61' the Executive Administration of this Government toward that of M(;xico was marked by duplicity and hostili- ty — by hostility to the extent of a deliberate design of plunging us into a war with that Power, for the purpose of dismembering her territories, and annexing a large portion of them to this Union. This projected war was avowed, openly, sixteen months ago, by the Executive, and was countenanced and supported by a report from the Committee on Foreign Afi'airs, but not by this House, at that time. The same hostility and the same duplicity have been continued to this day. T stated that, in consequence of the application by this Government for the purchase of Texas, made through the gentleman now at the head of the Department of War — a gentleman of the highest respectability, but who is himself a citizen of one of the siaveholding States most interested in the perpetua- tion of the system of slavery — the Mexican Government became so dis- satisfied with him, then our Minister there, that it had demanded his recall. In the annual message of the President, at the Congress of 1829-'30, it was stated that the recall had been made, and that a Charge d'Afiaires had been appointed to that legation in the place of the Minister thus recalled. I referred, among other things, to a very remarkable document, dated 25lh August, 1829, drawn u|) by a gentle- man, then Secretary of State, but who has since become the Chief Ma- gistrate of the Union, in which the proposition for the purchase of Texas is renewed, and urged with extraordinary earnestness and very elaborate argument. But I neglected to notice the fact that this letter of instruc- tions was prepared precisely at the time that a Spanish force from the island of Cuba was invading Mexico. I read from the letter a passage going to show that it was within the knowledge of this Government that Mexico was then in a distressed situation, and that it niigiit be charged upon us that we took advantage of that state of things to press our appli- cation for the purchase of a part of her territory ; but disavowing, in the strongest terms, every thing like such a design. I entreated members of the House to read that document, as containing demonstrative proof of the duplicity which I have charged upon that Administration. ft did so happen that this letter of instructions did not arrive in Mexico till after the Mexican Government had peremptorily demanded the re- call of Mr. Poinsett, and after the total failure of the Spanish invasion, which two events occurred at nearly the same time. The messenger who took out the letter was appointed Charg6 d'Afiaires, and the letter, being transferred to him in his new character, became the standing in- struction of the United States diplomatic functionaries near that Govern- ment. In that letter, among other arguments in favor of the cession of Texas, is stated the fact that large numbers of the citizens of the United States were rushing into that territory, obtaining grants of land, wiih the purpose of exciting an insurrection of the province against the Mexi- can Government, and that this design had been cherished for years. 116 This fact wns adduced, I say, in a letter bearing date tlie 25tli of Au- gust, 1829, and urged as one of many areunients in favor of the cession. Now, it is a matter of notoriety that at that lime there were large num- bers of American citizens, particularly from the Western States, engaged in that laudable occupation. I believe that you, sir, as a citizen of Ten- nessee, may be as well acquainted with what I am now stating as any other individual in this House, or, perhaps, in this country ; and I may, without hazard of contradiction, state, that in the State of Tennessee there existed great nunibers of such speculators; and, further, that they had great induence with the then head of the Executive Government. I believe that this despatch may, in a great degree, be referred to the in- fluence of those speculators, whether persons remaining in the United States and sending others out, or whether themselves going as adventu- rers into Texas. I must add that this state of things was well understood in Mexico at that time. That it was, is evident from the report laid before the Mexi- can Congress in 1829, by the then Secretary of State, an extract of which I will now read to the House : " The North Americans commence by introducing themselves into the territory which they covet, on pretence of commercial negotiations, or of the estabUshment of colonies, with or without the assent of the Government to which it belongs. These colonies grow, multiply, become the predominant part in the population ; and as soon as a support is found in this manner, they begin to set up rights which it is impossi- ble to sustain in a serious discussion, and to bring forward ridiculous pretensions, founded upon historical facts which are admitted by nobody, such as La Salle's Voyages, now known to be a falsehood, but which serve as a support, at this time, for their claim to Texas. These extravagant opinions are for the first time presented to the world by unknown writers ; and the labor which is employed by others in offering proofs and reasonings, is spent by them in repetitions and multiplied allegations, for the purpose of drawing the attention of their fellow-citizens, not upon the justice of the proposition, but upon the advantages and interests to be obtained or subverted by their admission. " Their machinations in the country they wish to acquire are then brought to light by the appearance of explorers, some of whom settle on the soil, alleging that their presence does not affect the question of the right of sovereignty or possession of the land. These pioneers excite by degrees movements which disturb the political state of the country in dispute ; and then follow discontents and dissatisfaction calculated to fatigue the patience of the legitimate owner, and to diminish the usefulness of the administration and of the exercise of authority. When things have come to this pass, which is precisely the prese7it state of things in Texas, the diplomatic management commences. The inquietude they have excited in the territory in dispute, the inter- ests of the colonists therein established, the insurrection of adventurers and savages instigated by them, and the pertinacity with which the opinion is set up as to their right of possession, become the subjects of notes, full of expression of justice and modera- tion, until, with the aid of other incidents which are never wanting in the course of diplomatic relations, the desired end is attained of concluding an arrangement oner- ous for one party, as it is advantageous to the other. ' ' It has been said further, that when the United States of the North have succeed- ed in giving the predominance to the colonists introduced into the countries they had in view, they set up rights, and bring forward pretensions founded upon disputed his- torical facts, availing themselves generally, for the purpose, of some critical conjunc- ture to which they suppose that the attention of Government must be directed. This policy, which has produced good results to them, they have commenced carry- ing into effect with Texas. The public prints in those States, including those which are more immediately under the influence of their Government, are engaged in dis- cussing the right they imagine they have to the country as far as the Rio Bravo. Handbills are printed on the same subject, and thrown into general circulation, whose 117 object 15 to persuade and convince the People of the utihty and expediency of the meditated project. Some of them have said that Providence had marked out the Rio Bravo as the natural boundary of those States, which has induced an English writer to reproach them with an attempt to make Providence the author of their usurpations : but what is most remarkable is, that they have commenced that discussion precisely at the same time they saw us engaged in repelling the Spanish invasion, believing that our attention would, for a long time, be thereby withdrawn from other things." There is an extract to be compared with the letter of instructions from Mr. Van Buren of the 25th August, 1829, which I have referred to, and with the offer made at the same time to purchase the province of Texas, The one is a commentary upon the other ; ^nd the two, taken together, furnish full demonstration of the truth of the charge that there has been, on our part, towards the Mexican Government, a series of duplicity and hoslilily, accompanied by a secret design to wrest from her possession a portion of her territor}'. I entreat gentlemen to com- pare these documents ; to examine thera ; and to see the gross duplicity which is even avowed in one paragraph of this paper, and which, though less openly, pervades the whole of it. I shall now present to this House, and to the country, a document which is not of a public nature. Bui, before doing so, 1 must refer to a letter from Dr. Mayo, a confidential officer of the Administration, to President Jackson, dated the 2d of December, 1830, one year after the date of the instructions I have read to the House. It begins thus : "To Gen. Andrew .TACKSoif, President of the United States: " The enclosed is the scheme of a secret alphabet, in the handwriting of , which came into my possession in the manner hereinafter mentioned, and which I confide to your excellency, together with the following statement of facts, to be used in any way your excellency may deem proper. Written out, the alphabet stands thus : [Here follows an engraving explaining the cipher alphabet referred to. ] "Some time in the month of February last, as nearly as I can recollect, certainly very shortly after Gen. Samuel Houston arrived in this city, I was introduced to him at Brown's Hotel, where both of us had taken lodgings. Our rooms were on the same floor, and convenient for social intercourse ; w'hich, from the (Tcneral's courte- ous manners, and my own desire to be enabled to do him justice, in my own estima- tion, relative to his abandoning his family and abdicating the Government of Ten- nessee, readily became frequent and intimate. Upon what he, perhaps, deemed a suitable maturity of acquaintance, he spoke freely and minutely of his past history. He spoke of his separation from Mrs. H. with great sensibility, and deprecated the injurious opinion it had made upon a considerable portion of the public mind, dispar- aging the sanity of his intellect, or rectitude of his moral character. .Judging favor- ably, no doubt, of the progress of our acquaintance, and the prepossessing impression It had made on me in relation to the salubrity and general competency of his intelli- gence, with rectitude of impulses, he complained of the inadequate defence volun- teered in his behalf by the editor of the Richmond Enquirer, and solicited me to write communications for the columns of that paper, and use my friendly interest with the editor for their publication. I promised to make a sketch of something anonymous respecting my favorable impressions, and show it to him. But before I had time or full pliancy of mind to digest any thoughts upon the subject, our frequent interviews, and his confidence in my serving his ends, doubtless, induced hirn to avow to me more particularly the ground of his solicitude to have his character and mental competency elevated before the public. He descanted on the immense field for enterprise in the Indian settlement beyond the Mississippi, and through that, as a stepping-stone, in Texas; and recommended me to direct my destinies that way. Without making any promises or commitments, I did not discourage, at this stage, his inflated schemes for my advancement, as T had a curiosity, now on tip-toe, to hear his romantic projections, for his manner and his enthusiasm were at least entertaining. Accordingly he went on to develop much of a systematic enterprise, but not half what 118 I liave sincp learnt from another source ; perhaps berause he discovered that my in- terest in the subject did not keep pace with the anticipations he had formed for the pro- gress of his disclosures. I learnt from him these facts and speculations, viz : " That he was organizing an expedition against Texas ; to afford a cloak to which, he had assumed the Indian costume, habits, and associations, bj' settling among them, in the neighborhood of Texas. That notliing was more easy to accomplish than the conquest and possession of that extensive and fertile countiy, by the co-operation of the Indians in the Arkansas Territory, and recruits among the citizens of the United States. That, in his view, it would hardly be necessary to strike a blow to wrest Texas from Mexico. That it was ample for the establishment and maintenance of a separate and independent Government from the United States. That the ex- pedition would be got ready with all possible despatch ; that the demonstration would and must be made in about twelve months from that time. That the event of success opened the most unbounded prospects of wealth to those who would embark in it, and that it was with a view to faciliate his recruits, he wished to elevate himself in the public confidence by the aid of my communications to the Richmond Enquirer. That I should have a surgeoncy in the expedition, and recommended me in the mean time to remove along with him, and practise physic among the Indians in the territory."* There is much more to the same general efi'ect ; but as these docu- ments are all contained in a p.i-inted j)ampli!et which is accessible lo all, and has been some time in print, I forbear to read further. But the paper I am now about to read is not in print. It is a letter from the late President of the United States to William Fulton, Es<}. then Secre- tar}' of the Territory of Arkansas, and the endorsement upon it shows that a similar letter was addressed to the United States District Attorney in Florida* The paper I hold in my hand is a copy. I have seen the origrinal, in the handwriting of Gen. Jackson; it is now in this city, and can be seen by any gentleman who has a curiosity to examine it. " (strictly confidential.) " WASHiNGToiiT, December 10, 1830. " Deah SiH : It has been stated to me that an extensive expedition against Texas is organizing in the United States, with a view to the estabhshment of an independ- ent Government in that province, and that Gen. Houston is to lie at the head of it. From all the cncumstances communicated to me upon this subject, and which have fallen under my observation, I am induced to believe and hope (notwithstanding the circumstantial manner in which it is related to me) that the information I have received is erroneous, and it is unnecessary that I should add my sincere wish that it may be so. No movements have been made, nor have any facts been established, which would require or would justify the adoption of official proceedings against in- dividuals implicated ; yet so strong is the detestation of the criminal steps alluded to, and such are my apprehensions of the extent to which the peace and honor of the country might be compromitted by it, as to make me anxious to do every thing short of it which may ser\'e to elicit the truth, and to furnish me with the. necessary facts (if they e:sist) to lay the foundation of further measures, " It is said that enlistments have been made for the enterprise in various parts of the Union ; that the confederates are to repair, as iraveliers, to different points of the Mississippi, where they have already chartered steamboats in which to embark : that the point of rendezvous is to be in the Arkansas Territory, and that the co-operation of the Indians is looked to by those engaged in the contemplated expedition. "I know of no one whose situation will better enable him to watch the course of * [Copy of endorsement on the above by the President. — "Dr. Mayo, — on the contemplated invasion of Texas, — private and confidential^ — a letter to be written (confidential) to the Secretary of Arkansas, with a copy of confidential letter to Wm. Fulton, Esq., Secretary to the Territory of Florida."] 119 things, and keep mc traly and constantly advised of any movements which may serve to justify the suspicions which are entertained, than yourself, and I know I can rely with confidence on your fidelity and activity. To secure your exertions in that regard, is the object of this letter, and it is because 1 wish it to be considered rather as a private than an official act, that it is addressed to you instead of the Governor, (who is understood to be now in Kentucky.) " The course to be pursued to effect the object in view must of necessity be left to your discretion, enjoining only that the utmost secrecy be observed on jour part. It', in the performance of the duty required of you, any expenses are necessarily incurred by you, T will see they are refunded. " I am, respectfully, yours, " ANDREW JACKSON. " Wm. Fultokt, Esq." This was written in December, 1830. I adduce it as demonstrative proof that the President oCihe United States was then perfectly and fully informed of a design on the part of our citizens to produce an insurrection in Texas for the purpose of separating that Territory from the republic of Mexico, and that the President considered the enterprise as highly criminal, and such as called upon him to arrest its progress, and prevent its accomplishment. It will be recollected that I called some time since upon the Depart- ment of State to know if any copy of such a letter was on the files of that Department, and the reply sent to this House was, that there was no such document there. I infer from that fact that this letter, though written, never was sent. And why not sent ? I believe that it was the will and intention of the President, at that time, to make the interposi- tion contained in this letter. What inference must be drawn from the fact of its hever having been sent, if such, indeed, was the facti It is not in my power to e.xplain this whole matter. The letter, however, exists. 1 have seen it : and I aver that the whole letter from beginning to end, together with its endorsement, is in the handwriting of General Jackson. The original letter of Dr. Mayo to the President, on which this was written, I have also seen : and any member of the House who feels curiosity on the subject, ma}' have an opportunity of examining both letters. Now, how is this to be explained 1 That the letters were written is beyond dispute. That this is endorsed " strictly confidential," is equally indisputable ; and the letter itself discloses, on the part of the President, his knowledge of a conspiracy which he considered highly criminal, and of which he expressed his "detestation." Is it not demon- strative proof of that duplicity which pervaded every part of the course of the late Administration in regard to Mexico, that there does exist such an autograph letter of the late President, and that, so far as appears, it was never sent? If it was sent, the persons are living who can prove it. The gentleman to whom the letter was written is, I believe, now in this city. The Secretary of the Territory of Florida is yet living. If both letters were sent, the fact may be proved. And if they were, then, surely, it is very incumbent on those who received them to prove what they did in regard to this foul conspiracy. [Mr. Howard here asked leave to interpose. The honorable gentle- man from Massachusetts said he has read to the House a document stated by him to be a strictly confidential letter of the late President of the United States, and has expressed his belief that the letter never had been sent. Will it now be in order for me to inquire of that gentleman how he got possession of such a document. J20 The Speaker replied, that if the gentleman from Massachusetts chose to yield the floor for that purpose, the question might be put, but not as a question of order, to be put by authority of the House.] Mr. Adams. I understand the Speaker to have decided that such an inquiry is not a question of order, but that it is competent to the gentle- man to introduce it with my assent. The gentleman has my assent, and if he does make the inquiry, I am read}' to give a full, clear, and explicit account how this paper came into my hands. Most certainly I have not produced it here without first ascertaining the strict propriety and even delicacy of such a step. If the gentleman thinks proper to put his inquiry in a written form, so that it shall go on the Journal, and that a vote of the House may be had upon it, I am ready to answer in a manner that 1 hope will be perfectly satisfactory. Sir, this letter interests more than that gentleman and me. It interests more than the members of this House. Yes, sir, more than the people of this nation. The gen- tleman is not mistaken in the importance which he attributes to this document, and which is implied in the question he has just put to the Chair ; and I again say to him that I am prepared to give a full and ex- plicit account of how it came into my possession. [Mr. H. did not put the question.] Mr. A. continued. And now to return to the present argument. I have produced and read this letter in order to show that in December, 1830, the President of these United States was duly informed of the existence of a conspiracy for invading Texas, producing a revolution in that province, and ultimately separating it from the Republic of Mexico, of which it constituted an integral part, and that the whole design was conducted under the command of the individual who is now Presideni of Texas. I hope the gentleman from Maryland [Mr. Howard] will have a full opportunity of replying to and commenting upon what I have been urging on the attention of this House for the last fortnight, if not at the present session, at least at the next ; for, sir, this subject has as yet been barely- opened. Tedious as my argument may have appeared to many, instead of amplifying it, I have, on the contrary, been obliged to abridge three fourths of what I desired to say, and of what ought to be said on the various topics touched upon. Bat I was aware that sufficient time could not be allowed me at the present session. I do hope, however, that we shall never more hear of the gag, and that, at the next session, ample time and opportunity will be given for every gentleman to express his opinions on all the topics which shall be reported to us from the Com- mittee on Foreign Affairs. I have adduced these documents simply as proofs of the existence of both duplicity and hostility on the part of this Government toward Mexico, and that from the commencement of the last Administration. We have come down as far as the close of the year 1830. I have read to the House a report of the Mexican Secre- tary of State, made to the Mexican Legislature during the very time in which General Houston is said to have been engaged in that conspiracy to which the President's letter alludes ; and in which report the con- spiracy is shadowed forth in all the particularities of its progressive de- velopment. All this time, be it remembered, our Charge near the Mexi- can Government was charged in a letter of instructions to propose a 121 cession of Texas to the United States ; to urge that proposition with all his influence, and to back it by an offer of five millions of dollars. And at the same time he was charged with the negotiation of a treaty of com- merce, and for the purpose of carrying into effect the boundary line agreed upon in our former treaty with Spain. The House has seen that the Legislature of Mexico, having, in consequence of these proceedings, its suspicions very much roused in regard to the views and purposes of this Government, refused to sign the treaty of commerce unless an article should be introduced into it recognising the line marked out in our Spanish treaty as the boundary line between Mexico and the United States. Such an article was accordingly introduced, and the commer- cial treaty was concluded by Mr. Poinsett, in 1828. But, owing to those delays which frequently happen in matters of this description, that treaty was not ratified in time. Whereupon, Mr. Butler was charged in his instructions to reconclude the same treaty, which he did in 1831 and '32, and in it the same article was inserted, establishing the boundary line as agreed upon in 1819. [Here the morning hour expired, and Mr. Adams, without concluding his remarks, resumed his seat. The subject, of course, lies over until (he next session, Mr. Adams being entitled to the floor.] SUPPLEMENT. In the National Intelligencer of the 21st of July, 1838, there was published a letter to the editors from Colonel Benjamin C. Howard, chairman of the late Committee on Foreign Afiairs, to which are an- nexed the letter from himself to William S. Fulton, Esq., inquiring whether he had received the letter from the late President Andrew Jackson, of 10th December, 1830, which had been road by me in the House of Representatives, and Mr. Fulton's answer acknowledging that he had received that letter some time in the month of January, 1831, These last two letters Mr. Howard put into my hands, with a request that I would communicate them to the House, which I should have done had I been permitted to address the House again on that subject after receiving them. They are now republished, together with the letter from Colonel Howard to the editors of the National Intelligencer, as forming a natural supplement to that unfinished debate. To THE EdITOSS of THE NATIONAL InTELLIGENCER. Your paper of this mormng (July 19th) announces that you have finished Mr, Adams's speech, which occupied so many morning hours, as you say that "Mr. Adams, without concluding his remarks, resumed his seat. The subject, of course^ lies over until the next session, Mr. Adams being entitled to the floor." My purpose at present is not to complain that no member of the Committee on Foreign Affairs had an opportunity of replying to the numerous and heavy charges which Mr. Adams brought against that committee, nor to state what would have been the substance of my defence of myself and the rest of the committee, if a few mo- ments could have been found, under the rules of the House, for that purpose. To Mr. Adams's complaints of having suffered under the operation of what he calls the "gag-law," when at that very time he was attacking the committee, day after day, without a chance being afforded to them of uttering a syllable in their own vindica- tion, I would reply in the language of the Emperor of Mexico, who was stretched by the Spanish commander upon a bed of burning coals, with one of his companions, whose cries and complaints were loud, and whom the Emperor rebuked by saying, " Do you think that I lie here upon a bed of roses V Passing by the many errors contained in this speech, as far as it relates to th*? opinions or conduct of the Committee on Foreign Affairs, I only mean to request you to publish the two enclosed letters. I placed them in the possession of Mr. Adams, on the day when his speech ceased, with a request that he would read them when he resumed the floor. I believe he would have done so, but on Monday, the last day of the session, the Speaker of the House decided that it was not in order for the discusf- sion to continue. On the preceding Saturday, Mr. Adams read a confidential letter of General Jack- son to the Hon. Wm. S. Fulton, then Secretary of Arkansas, and dwelt much upoii^ his belief that, although written, it was never sent. He is reported to have said : " Is it not demonstrative proof of that dupUcity which pervaded every part of the course of the late Administration in regard to Mexico, that there does exist such aiT autograph letter of the late President, and that, so far as it appears, it was never sent '' If it was sent, the persons are living who can prove it," &c. &c. Having obtained from Mr, Adams the letter which he read, I encIoBcd it to Gov • 124 evnor Fulton, (now a member of the Senate of tlie United States,) and received the answer which I send to you. When I inquired upon the floor of the House how the letter came into the possession of Mr. Adams, I understood him to reply, that if the House, by a vote, would call for the information, he would cheerfully give it. But from that moment until the end of the session there was no opportunity of moving for a vote of the House, nor do I know that I would have renewed the inquiry in that way, if there had been a propitious moment. When you say, therefore, that ♦' Mr. H. did not put the question," I beg that it may be understood that I considered a reference to "a vote of the House" by Mr. Adams, as putting it out of my power to press the question further, and not from a disinclination to learn how the ' ' strictly confidential" letters of General Jackson, or any other man, came to be read in the House, and then printed. Respectfully yours, BENJ. C. HOWARD. House op Rephesentatives, July 7, 1838. Sib : The enclosed letter was read by Mr. Adams in the course of his speech this morning, and I understood him to say that it was not sent. As the inference which may be drawn from this will probably be, that General Jackson did not seriously entertain, or intend to act upon, the principles avowed in this letter, may I ask you to say whether or not you received the original, of which the enclosed is a copy 1 Respectfully yours, BENJAMIN C. HOWARD. Hon. Wm. S. FuLTOif. Senate Chambeh, July 7, 1838. Sib: I have this moment received yours of this date, and for answer have the honor to state that the original letter, a copy of which you have submitted to my in- spection, was received by me some time in the month of January, 1831. The origi- nal letter is now with my papers at home, in Arkansas, and on my return it is my intention to look for it, and either send it to the State Department, or bring it with me on my return here next fall. From my recollection of the contents of the letter, [ feel satisfied that the enclosed is a true copy. This was a matter strictly confidential, and all my proceedings under it were secret. Under my instructions I diligently made the inquiries required, and communicated the result to the President. I am, respectfully, your obedient servant, WM. S. FULTON. Hon. Ben. C. Howabd. The notoriety with which the conspiracy for the dismemberment of the Mexican Republic was pursued, from its incipient stage to its final consum- mation, not only in the Territory of Arkansas, but in all the Southwestern States, and nowhere with more indecent publicity than in the Stateof Ten- nessee, and at Nashville, by the most devoted partisans of General Jack- son ; the sluggish indifference with which the complaints of the Mexican Government upon this subject were treated by his Administration ; the voracious appetite for Texas betrayed by the negotiation simultaneously pressed upon the extreme need of Mexico for the acquisition of that province by purchase ; and the mystery of withholding from Congress all knowledge of this negotiation, while it was known to all the world besides, had raised strong and well-founded suspicions of the sincerity of the political intercourse between the late Administration and the Government of Mexico. Those suspicions had even been made public as early as the year 1829 by the report of the Mexican Secretary of State to the Legislature, precisely cotemporaneous with the instructions from Mr. Van Buren to Mr. Poinsett to take advantage of the distressed 125 and invaded condition of Mexico to offer five millions of dollars for Texas. At a later period, when a grave and solenm complaint of the unfriendly and equivocal conduct of the North American Administration towards Mexico, had been addressed directly from the Mexican to our own Secretary of State ; when a new question of disputed boundary had been suddenly started in vague and indefinite language, by a note of Mr. Anthony Butler to the Mexican Government ; when a solemn diplomatic mission of the highest order sent from Mexico to Washington to complain of these ambiguous givings out, and these hostile practices, had been met with smooth words and an inadvertent disclosure to Con- gress, and thereby to the Mexican Envoy, of the authority given to General Gaines to invade the Mexican territory, at the very moment of her sharpest contest with the Texian insurrection, it was impossible for an attentive observer not to perceive the duplicity which, for the first time since the existence of the United States, had crawled into their councils, and coiled herself in the seat of their highest power. This perversion of moral principle, this debasement of national morals, at the summit of the organized authority of the Union, had forced itself upon my notice by its internal evidence before the orignal letter from the late President to the Secretary of the Territory of Arkansas had been exhibited to my inspection, or the copy of it furnished me, with permission to make such use of it as I should think proper. Mr. Fulton says that this was a matter strictly confidential, and that all his proceedings under it were secret. Strictly confidential! yes ! so confidential that it was reserved from the knowledge of the Governor of the Territory, upon allegations not con- formable to the fact. The Governor was not then in Kentucky, but at his post in Arkansas; and although the letter was not official, but confi- dential, it was to him that, in the course of a straight-forward and hon- est policy, the instructions should have been addressed, and not to the Secretar}'. All Mr. Fulton's proceedings under the instructions were secret ! yes ! so secret that he discovered nothing, of which the President could or would avail himself, to counteract or defeat the conspiracy against the integrity of the neighboring Republic. He " diligently made the inquiries required, and communicated the result to the President." What that re- sult was it might be edifying to know, but the event has shown that the conspirators had nothing to fear from it. Perhaps there may have been some secret sympathy between the inquiries of Mr. Fulton, and a pub- lication about that time in the Arkansas Gazette, of which the following is one paragraph : " Colonel Butler, the Charge d'Affaires of the United States to Mex- "ico, was specially authorized by the President to treat with that Gov- "ernnient for the purchase of Texas. The present predominant party "are decidedly opposed to the ceding any portion of its territory. No " hope need therefore be entertained of our acquiring Texas until some "other party more friendly to the United States than the present shall " predominate in Mexico, and perhaps not until the people of Texas shall *'■ throw off the yoke of allegiance to that Government, which they will "do, no doubt, so soon as they shall have a reasonable ^pretext for doing "so." 12G From the answer of the Department of State to the call of the House of Representatives of the 5th of January, 1838, for a copy of this let- ter from the late President to Mr. Fulton, that no such letter was found on the files of the Department — from the fact that the letter itself, thougii purporting to be a copy, was an original, in the handwriting of the President, and signed with his name — from the notorious fact that the Texian conspiracy had been aided and supported, from the Terri- tory of Arkansas, as openly as in Tennessee, without interruption or rebuke either from the Territorial or the Federal Government, and espe- cially from the extraordinary countenance given by the President eighteen months afterwards to General Houston at Washington, while he was as- saulting and maiming, in the darkness of night, in a street of that city, a member of the House of Representatives of the United States — I could not believe that this letter to Mr. Fulton had ever been sent, and having some experience of the frailty of the writer's memory upon subjects re- lating to Texas, I was not without expectation that he would, upon suit- able inquiry, not recollect that he had ever written such a letter; an easy consequence from which would have been another charge against rae in the Globe and Richmond I^nquirer of fraud and forger}', as fair and as true as that on the conference between General Jackson and me, at the conclusion of the Florida treaty, or as that of the memorable substitution of the semicolon for the comma. The acknowledgment of Mr. Fulton that he did receive the letter shortly after it was written, and that lie complied with its instructions, by secret measures, the result of which he communicated to the Presi- dent, removes all possible question of the authenticity of the letter — as the letter itself removes all possible question of the late President's full knowledge of the conspiracy, with General Samuel Houston at its head, for the dismemberment of the Mexican Republic, as early as December, 18-30. It removes all doubt, also, of the light in which he professed to consider it — as an atrocious conspiracy against the peace and integrity of a neighboring Republic, which he, as the Chief Magistrate of this Union, was bound in duty to detect, to expose, and to suppress, by all the lawful and official means in his power. With this knowledge, and with these sentiments, how is the history of his subsequent intercourse with Mexico, with Texas, and with General Samuel Houston, to be rec- onciled ? The perpetu-ril teasing of the Government of Mexico for cessions of territory, increasing in amount in proportion as the proposals were repelled with disgust ; tiie constant employment of agents, civil and military, for all official intercourse with Mexico and Texas, citizens of States most intensely bent upon the acquisition of Texas, such as Anthony Butler, Powhatan Ellis, and General Gaines ; the uninter- rupted intimacy with General Houston, from the egg to the apple of the Texian revolt; the promise to Hutcliins G. Burton, of the Government of Texas; the wanton, unprovoked, and unconstitutional discretionary power given to General Gaines to invade the Mexican territory ; the apparent concert between that officer, in the execution of this authority, with the Texian Commanding General Houston ; the cold indiflerence to every complaint on the part of Mexico, against all the violations of our obligations of amity and of neutrality towards her; the disingenuous evasion of a direct answer by the wooden-nutmeg distinction that a di- 127 rection not to go beyond Nacogdoches was not equivalent to an authority to go as far as Nacogdociies ; the contemptuous treatment of all the complaints of the Mexican Minister, Gorostiza, and the preposterous im- portance attempted to be given to his printing a pamphlet in the Spanish language, exposing the bad faith of this Government in their treatment of his mission, and circulating a tew copies of it before his departure from this country. In all these things there is a mutual coincidence and coherence which makes them perpetual commentaries upon each other. But the crowning incident of all is the thundering war message of the late President of the United States to Congress, of the 7th of February, 1837, with the assenting reports upon it, at the very heel of the session, by the committees of both Houses of Congress; and, last of all, the echo of the martial trumpet in the message of the present President at the commencement of the late session. In this last message was the strange and unwarranted assertion, that from the proceedings of Con- gress, on the recommendation of his predecessor in the message of 7th of February, it appeared that the opinion of both branches of the Le- gislature coincided with that of the Executive — that any mode of re- dress known to the law of nations might justifiahly he used. No such opinion had been manifested b}'^ the' House of Representa- tives. The blast of war had indeed reverberated from the complacent report of their Committee on Foreign Aflairs, but that report was never taken up for consideration in the House, nor was the resolution with which it closed adopted by the House. An appropriation was, indeed, at five o'clock in the morning of one of the last days of the session, at tlie motion of the chairman of the Committee on Foreign Afl'airs, foisted into the general civil and diplo- matic appropriation bills '* for an outfit and salary for an Envoy Extra- " ordinary and Minister Plenipotentiary to Mexico, whenever, in the opin- " ion of the Executive, circumstances will permit a renewal of diplomatic " intercourse honorably with that Power, eighteen thousand dollars." And that same chairman of the Committee on Foreign Aflairs was, at the late session of Congress, reduced to the necessity of citing; this appropriation, thus obtruded by himself upon the sleeping vi