H. of R.

Maryland Contested Election.

MARCH, 1822.

ticable, the expansion and reverberation of sound within it, entertain the opinion, that the altitude and peculiar structure of the dome, are the principal causes which render sounds within the House indistinct and inau

on Military Affairs were instructed to inquire into the expediency of authorizing the President of the United States to deliver to Martin S. Aiken, Azariah C. Flagg, Ira A. Wood, and others, certain rifles promised them by Major General Ma-dible. It would seem desirable that this opinion comb, for their gallantry and patriotic services should be tested by actual experiment, so as to ascerduring the siege of Plattsburg, in September, 1814. tain its foundation in fact. An experiment which, it The House proceeded to consider the bill from is believed, may be made with very little expense, has the Senate, entitled "An act granting to the Gov-been proposed by the Architect, which the committee ernor of the State of Louisiana for the time being, and his successors in office, two tracts of land in the county of Point Coupee:" whereupon, it was ordered, that the said bill be committed to the Committee of the Whole, to which is committed the bill authorizing the State of Illinois to open a canal through the public lands in said State.

submit for the consideration of the House. The ex

periment is to be made by throwing canvass or other cloth across the base of the dome, at the springing of the arch, so as to exclude the dome. From a computation by the Architect, it is believed the expense of this experiment will not exceed one hundred and fifty dollars. The trial may be made so as to be tested by the House without much loss of time, as the materials for making the experiment are at hand, and the Architect will be ready to execute the work promptly. Should the House concur in the views of the committee, they would recommend the adoption of the fol

Resolved, That the Architect of the Public Buildings cause to be made the experiment recommended in the accompanying report."

The SPEAKER laid before the House a report of the Secretary of the Treasury, in obedience to the resolution of this House of the 25th of January last, directing him to report the number of land offices in the different States and Territories, de-lowing resolution: signating the number and location in each State and Territory, the annual expense of supporting the same, the amount of money received at each during the years 1820 and 1821, and the distance of the respective offices from each other; and whether, in his opinion, the public good requires the increase or diminution of said offices, or any alteration in the location of the same; and if any increase is required, in what State or Territory the same ought to be located; which report was read and referred to the Committee on the Public

Lands.

An engrossed bill, entitled "An act for the relief of Jonathan N. Bailey," was read the third time and passed.

A message from the Senate informed the House that the Senate have passed bills of the following titles, viz: "An act for the relief of James H. Clarke;" "An act to amend the act, entitled 'An act to incorporate the subscribers to the Bank of the United States;" "An act supplemental to an act, entitled 'An act authorizing the disposal of certain lots of public ground in the city of New Orleans and town of Mobile;" "An act to define admiralty and maritime jurisdiction;" and "An act to amend the laws now in force as to the issuing of original writs and final process in the circuit courts of the United States within the State of Tennessee;" in which bills they request the concurrence of this House.

The report being read, the question was taken on agreeing to the resolution therein recommended, and passed in the affirmative.

CONTESTED ELECTION.

tee of the Whole on the report of the Committee of Elections, on the memorial of Philip Reed, contesting the election of Jeremiah Causden, returned as one of the representatives of the present Congress from the State of Maryland.

The House then resolved itself into a Commit

[This report, after an examination of the statements of the two parties, and the evidence by which they were sustained, comes to the following conclusion:

"From a full, attentive, and deliberate examination of the case, in all its points and bearings, the committee are impelled to the conclusion that the sitting memUnited States, be allowed to retain a seat in this House, ber cannot, consistent with the Constitution of the under the proceedings of the Governor and Council of votes rejected in district No. 1, of Kent county, proves Maryland. That the testimony in relation to the two that these tickets were not fraudulent, and that they ought to have been counted at the poll of the memorialist, for whom they were given; and that the vote allowed to him in district No. 2, in Cecil county, ought to be deducted from his poll as being clearly an illegal vote. Therefore, by adding to the poll of Philip Reed, the memorialist, two votes improperly rejected in Kent county, and deducting one therefrom, for that improperly allowed in Cecil county, he will have a majority of one vote over the sitting member."

a

The following resolutions were submitted:

66

Resolved, That Jeremiah Causden is not entitled to seat in this House."

"Resolved, That Philip Reed is entitled to a seat in this House."

which this report is founded, is the following:
But the most important part of the reasoning on

"The committee, being of opinion that the power thus virtually exercised by the Governor and Council of Maryland, in appointing a Representative to the Congress of the United States, (by casting lots where each of the candidates had an equal number of votes,)

is contrary to the express provisions of the Constitution, and one which this House cannot sanction, have no hesitation in rejecting the official statement of the proceedings in the case as evidence of the right of the sitting member to a seat in this House."]

The report having been read, Mr. CAUSDEN rose, in opposition to the report of the Committee, and in support of his own title to his seat, and delivered an argumentative speech of considerable length; after he concluded,

Mr. REED addressed the House until about a quarter of an hour before four o'clock, when

Mr. SLOAN moved that the Committee rise and report progress, which was agreed to; and then the House adjourned to Monday.

MONDAY, March 18.

H. of R.

in the city of New Orleans and town of Mobile;" were severally read twice and referred; the first, to the Committee on Naval Affairs, the second, third, and fourth, to the Committee on the Judiciary, and the fifth, to the Committee on the Public Lands.

MILITARY ESTABLISHMENT.

Mr. COCKE moved that the House do come to the following resolutions, viz:

1. Resolved, That the act of the 2d of March, 1821, to reduce and fix the Military Peace Establishment of the United States, was not intended to authorize the President of the United States to dismiss officers then in service, and introduce others of the same grade into the Army.

2. Resolved, That the dismission of Brevet Brigadier General Daniel Bissell, Colonel of the 1st regiMr. BATEMAN, from the Committee on the Post ment of infantry, and of Joseph L. Smith, Colonel Office and Post Roads, who were instructed by of the 3d regiment of infantry, as supernumerary, resolution, on the 11th ultimo, to inquire into the and the creation of three new Colonels, to wit: Towpracticability of facilitating the means of discov-son, Fenwick, and Butler, on the 1st day of June, ering thefts, destruction of, or opening or mutila- 1821, was not authorized by the terms or by the spirit ting letters, committed by deputy postmasters, their of the act of the 2d of March, 1821. agents, and mail contractors; and, also, into the James Gadsden to the office of Adjutant General of 3. Resolved, That the appointment of Colonel propriety of enacting severer and other penalties the United States Army, and the dismission of Coloagainst those who may be convicted of such of-nels Butler and Jones from that office, was not justifences, made a report, in part, thereon; which was fied by the act of the 2d of March, 1821. read, and ordered to lie on the table.

Mr. STERLING, of New York, from the Committee on the Public Lands, reported a bill making provision for the survey and disposal of the public lands in the Territory of Florida; which was read twice, and committed to a Committee of the Whole.

Mr. WALWORTH, from the Committee on Military Affairs, made a report on the petition of Stephen Howard, Jr., accompanied by a bill for his relief; which bill was read, and committed to a Committee of the Whole.

Mr. MERCER called for the consideration of a resolution laid by him on the table on Friday last, proposing to alter the standing rules of the House, with a view to limiting the length of debates in the House. On the question being taken thereon, the House refused to consider the sameayes 47, noes 55.

Mr. CANNON called for the consideration of a resolution submitted by him some days since, fixing a time for the adjournment of Congress, but the House refused to consider the same ayes 49,

noes 73.

Mr. TUCKER moved for a reconsideration of the vote just taken, but the House refused to reconsider the same, without a division.

4. Resolved, That the transfer of Lieutenant Colonel Lindsay from the seventh regiment of infantry to the third regiment of artillery, after the 1st of June, 1821, was contrary to the regulations for the government of the Army of the United States, and not authorized by the terms or spirit of the act of the 2d of March, 1821.

5. Resolved, That it is the duty of Congress, upon nation al principles and considerations, to protect each officer and soldier of the Army in the enjoyment of his legal and Constitutional rights.

Mr. COCKE thought that the subject embraced by the resolutions was one which involved the interest of the country, and he therefore moved that they be laid on the table and printed.

Mr. WRIGHT said the House had business enough before it to occupy its time without interfering with the appropriate business of the other branch of the Legislature, which he thought the resolution was calculated to do. He wished each planet in our system to keep within its proper sphere and move in its assigned orbit, and he did not feel willing to become an organ of censure to another body.

The SPEAKER remarked that the motion to lay on the table was not debateable, and was about to put the question, when

Mr. COCKE expressed an opinion that he had a right to lay a resolution on the table, and that such was the course he had originally proposed.

Mr. WALWORTH observed that the subject embraced by the resolution was now before the Military Committee, and he believed a member of it was at that moment employed in drawing a report upon it.

Bills from the Senate of the following titles, to wit: An act for the relief of James H. Clark; an act to amend the act, entitled "An act to incorporate the subscribers to the Bank of the United States;" an act to define admiralty and maritime jurisdiction; an act to amend the laws now in force, as to the issuing of original writs and final process in the circuit courts of the United States within the State of Tennessee; and an act The SPEAKER observed that he thought it was supplemental to an act, entitled "An act authori- proper on this occasion to put the question of conzing the disposal of certain lots of public ground | sideration, and he was about to put the question,

whether the House would now consider the resolutions; when

Mr. COCKE inquired by what rule he was deprived of the right to lay a resolution on the

table?

6

The SPEAKER referred to the rule of the House, that, "when any motion or proposition is made, the question, Will the House now consider it ? shall not be put, unless it is demanded by some member, or is deemed necessary by the Speaker"and the question of consideration was then put, and carried-ayes 62, noes 55.

Mr. COCKE then renewed his original motion that the resolution be laid on the table and printed; which was carried without a division.

CONTESTED ELECTION.

The House then went into a Committee of the Whole on the unfinished business of Friday last -the contested election of Mr. REED, and Mr.

CAUSDEN.

Mr. REED resumed his remarks in support of his memorial and his claim to a seat in the House, and occupied the floor about an hour; when

Mr. CAUSDEN made a reply at considerable length.

Mr. SLOAN, (chairman of the Committee of Elections, who reported the bill,) explained the views of the committee in arriving at the conclusion they had expressed to the House.

MARCH, 1822.

when the question was taken upon concurrence with the Committee of the Whole in their amendment of the second resolution, denying the right of General Reed to the seat he claims; and the votes were, yeas 73, nays 71, as follows:

YEAS-Messrs. Baldwin, Ball, Barber of Ohio, Bassett, Bateman, Baylies, Bigelow, Borland, Brown, Burrows, Butler, Campbell of New York, Cannon, Cocke, Colden, Conkling, Conner, Cuthbert, Darlington, Denison, Dickinson, Durfee, Dwight, Edwards of Connecticut, Farrelly, Findlay, Fuller, Garnett, Gebhard, Gist, Harvey, Jackson, F. Johnson, J. T. Johnson, J. S. Johnston, Kent, Kirkland, Lathrop, Leftwich, Little, Lowndes, McCarty, McCoy, Mallary, Matlack, Matson, Mercer, Mitchell of South Carolina, Moore of Virginia, Phillips, Plumer of New Hampshire, Rankin, Rhea, Rochester, Ruggles, Russ, Sawyer, Arthur Smith, Spencer, Sterling of New York, Stevenson, Taylor, Tod, Tomlinson, Tracy, Tucker of South Carolina, Tucker of Virginia, Upham, Whipple, Williams of Virginia, Wilson, Woodcock, and Wright.

NAYS-Messrs. Allen of Massachusetts, Allen of Tennessee, Archer, Barber of Connecticut, Bayly, Blackledge, Blair, Buchanan, Burton, Campbell of Ohio, Cassedy, Chambers, Condict, Crafts, Cushman, Dane, Eddy, Edwards of Pennsylvania, Edwards of North Carolina, Eustis, Gross, Hardin, Herrick, Hill, Hobart, Hooks, Jones of Virginia, Jones of Tennessee, Keyes, Lincoln, Litchfield, Long, McSherry, Mattocks, Milnor, Mitchell of Pennsylvania, Moore of Pennsyl

terson of Pennsylvania, Pierson, Pitcher, Plumer of Pennsylvania, Reed of Massachusetts, Reid of Georgia, Rich, Rogers, Ross, Russell, Sloan, S. Smith, W. Smith, J. S. Smith, Sterling of Connecticut, Stewart, Stoddard, Swan, Swearingen, Thompson, Vance, Van Wyck. Walker, Walworth, White, Whitman, Williams of North Carolina, Williamson, Wood, Woodson, and Worman.

The question was further debated by Mr. ED-vania, Murray, Neale, Nelson of Massachusets, PatWARDS, of North Carolina, Mr. WRIGHT, and Mr. WALWORTH, in support of the resolutions presented by the committee, and virtually in favor of the claim of General Reed, and by Mr. MOORE, of Virginia, in opposition to them; when, at 4 o'clock, the question was taken upon the 1st resolution "that Jeremiah Causden is not entitled to a seat in the House," and decided in affirmance of the same -ayes 92.

Mr. F. JOHNSON, of Kentucky, inquired, whether this decision would involve a determination of the 2d resolution, or whether it would not again send the election back to the people? Before a distinct reply was made to the question

Mr. TAYLOR moved to amend the 2d resolution as reported by the committee, (in relation to the right of General Reed to a seat) by inserting the word "not" between the word "is" and the word "entitled," thereby negativing the title of either to

a seat.

The question was taken thereon, and carriedayes 72, nays 63.

On motion of Mr. TAYLOR, the Committee then rose, and reported the resolution as amended.

In the House, the question was upon a concurrence with the report of the Committee of the Whole; when

Mr. WRIGHT, in a speech of some length, contended that it was not competent for the House to send the election back to the people, without a simultaneous declaration, that they found the votes to be equal in favor of the respective candidates. Further remarks were made on the subject by Messrs. ARCHER, NEALE, MALLARY, F. JOHNSON, WALKER, BUCHANAN, F. JONES, and CANNON;

Mr. TAYLOR observed, that the vote being so nearly equal, and so many members absent, he thought it but justice that the ultimate question should be taken in a more full House-and, on his motion, at half past 5 o'clock, the House adjourned.

TUESDAY, March 19.

Mr. NEWTON, from the Committee on Commerce, to which was referred the memorial of the North River Steamboat Company, and the Fulton Steamboat Company, reported a bill granting certain privileges to steamships and vessels, owned by incorporated companies; which was read twice, and ordered to be engrossed and read a third time

to-morrow.

Mr. RHEA, from the Committee on Pensions and Revolutionary Claims, made an unfavorable report on the memorial of Sarah Easton and Dorothy Storer, representatives of Colonel Robert Hanson Harrison, deceased, secretary and aid-de-camp to General Washington, in the Revolutionary war; which was read and ordered to lie on the table.

Mr. RANKIN, from the Committee on Public Lands, reported a bill providing for recording and examining titles and claims to land in the Terri

A Message received yesterday from the PRESI-olating war against the armies of Spain, and having dent of the UniTED STATES, was read, and is as follows:

which escaped on that occasion, retreated to the mountains, but soon left them to return to the coast, there to join the royal garrison in the fortress of Callao. The surrender of that fortress, soon after, to the Americans, may be regarded as the termination of the war in that quarter.

When the people of Peru found themselves, by this event, free to express their will, they most unequivocally expressed in favor of independence, and with an unanimity and enthusiasm which have no where been excelled.

MARCH, 1822.

according as they, successively, exercised the power, without demonstrating the right-monarchies have become commonwealths or republics, and powerful usurpers have been recognised by foreign nations, in preference to legitimate and powerless pretenders. Modern history is replete with instances in point. Have we not, indeed, within the brief period of our own remembrance, beheld governments vary their forms, and change their rulers, according to the prevailing power or passion of the moment, and doing so in virtue of the principle now in question, without materially and lastingly affecting their relations with other governments? Have we not seen the emperors and kings of yesterday receive, on the thrones of exiled sovereigns, who claimed the right to reign there, the friendly embassies of other Powers, with whom those exiled sovereigns had sought an asylum-and have we not seen to-day those emperors and kings, thus courted and recognised yesterday, reft of their sceptres, and, from a mere change of circumstances, not of right, treated as usurpers by their successors, who, in their turn, have been acknowledged and caressed by the same foreign Powers?

The revolution in Mexico has been somewhat different in its character and progress, from the revolutions in the other Spanish American provinces, and its result, in respect to the organization of its internal government, has, also, not been precisely the same. Independence, however, has been as emphatically declared and as practically established, since the 24th of August last, by the "Mexican Empire," as ever it has been by the Republics of the South; and her geographical situation, her population and her resources, eminently qualify her to maintain the independence which she has thus declared, and now actually enjoys, Such are the facts which have occupied the attenThe peace of the world, and the independence of tion of your committee, and which, in their opinion, every member of the great political family, require irresistibly prove, that the nations of Mexico, Colom-that each should be the exclusive judge of its own inbia, Buenos Ayres, Peru, and Chili, in Spanish Amer-ternal proceedings, and that the fact alone should be ica, are in fact independent.

It now remains for your committee to examine the right and the expediency, on the part of the United States, of recognising the independence which those nations have thus effectually achieved.

regarded by foreign nations. "Even when civil war breaks the bonds of society and of government, or, at least, suspends their force and effect, it gives birth in the nation to two independent parties, who regard each other as enemies, and acknowledge no common

In this examination, it cannot be necessary to in-judge." It is of necessity, therefore, that these two quire into the right of the people of Spanish America "to dissolve the political bands which have connected them with another, and to assume, among the Powers of the earth, that separate and equal station to which the laws of nature and of nature's God entitle them." The right to change the political institutions of the State has, indeed, been exercised equally by Spain and by her colonies; and for us to deny to the people of Spanish America the right to independence, on the principles which alone sanction it here, would be virtually to renounce our own.

parties should be considered, by foreign States, as two distinct and independent nations. To consider or treat them otherwise, would be to interfere in their domestic concerns, to deny them the right to manage their own affairs in their own way, and to violate the essential attributes of their respective sovereignty. For a nation to be entitled, in respect to foreign States, to the enjoyment of these attributes, "and to figure directly in the great political society, it is sufficient that it is really sovereign and independent: that is, that it governs itself by its own authority and laws." The political right of this nation to acknowledge The people of Spanish America do, notoriously, so their independence, without offending others, does govern themselves, and the right of the United States not depend on its justice, but on its actual establish- to recognise the governments, which they have instiment. To justify such a recognition, by us, it is ne-tuted, is incontestible. A doubt of the expediency of cessary only to show, as is already sufficiently shown, that the people of Spanish America are, within their respective limits, exclusively sovereign; and thus, in fact, independent. With them, as with every other Government possessing and exercising the power of making war, the United States, in common with all nations, have the right of concerting the terms of mutual peace and intercourse.

Who is the rightful sovereign of a country, is not an inquiry permitted to foreign nations, to whom it is competent only to treat with "the powers that be."

There is no difference in opinion, on this point, among the writers on public law; and no diversity, with respect to it, in the practice of civilized nations. It is not necessary, here, to cite authority for a doctrine familiar to all who paid the slightest attention to the subject; nor to go back, for its practical illustration, to the civil wars between the houses of York and Lancaster. Long since, the chiefs of those conflicting houses alternately triumphed and ruled, and were alternately obeyed at home and recognised abroad,

such a recognition can be suggested only by the apprehension that it may injuriously affect our peaceful and friendly relations with the nations of the other hemisphere.

Can such an apprehension be well founded?

Have not all those nations practically sanctioned, within the last thirty years, the very principle on which we now propose to act; or have they ever complained of one another, or of us, for acting on that principle?

No nation of Europe, excepting Spain herself, has, hitherto, opposed force to the independence of Spanish America. Some of those nations have not only constantly maintained commercial and friendly intercourse with them, in every stage of the Revolution, but indirectly and efficiently, though not avowedly, aided them in the prosecution of their great object. To these the acknowledgment, by the United States, of the attainment of that object, must be satisfactory.

To the other nations of Europe, who have regarded the events occurring in Spanish America, not only