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thie charge made by the snid Stanbery, as true, tempt, and it was in conformity, also, with all
and shall proceed to judgment thereon. criminal proceedings, in which it was customa-

Tot if the said Samuel Houston deny the as- ry to take down the statement of the accused
suult and heating, or that the same were done as well as the testimony against him.
fut the cause aforesaid, or refuse, or evade an- Mr. THOMPSON, of Georgia, thought, as
sivering said interrogatories, then the said Wil the accused party had stated on the preceding
liam Stanbery shall be examined as a witness evening, that he should require 24 liars to
touching said charge, after which the said prepare for his defence, as no injury could re-
Samuel Eleston shall be allowed to introduce sult to any one from a little delay, and as there
any competent evidence in his defence; and was some diversity of opinion on the report pre-
then any further evidence the House may di- sented to the House, it would be advisable that
rect shall also be introduced.

that report should be ordered to be printed
If parole cvidence is offered, the witnesses and laid on the table till to-morrow.
shall be sworn by the Speaker, and be examin- Mr. CLAY thought it proper that the clerk
ed at the bar, Anless they are members of the of the House should, as soon as possible, hand
Hanse, in which case they may be examined in a copy of that report to the individual charged
tlicir places. A committee shall be appointed with the offence. It was all-important that he
to examine witnesses. The questions put shall should know what course the proceedings
be reduced to writing, (by a person to be ap against him were to take-what interrogatories
pointed for that purpose, ) before the same are he would be required to answer, &c., in order
proposed to the witness; and the answers shall that he inight prepare for his defence.
also be reduced to writing. Every question ME. DRAYTON suggested to the member
psit by a member not of the committee, shall from Georgia, (Mr. THOMPSOS,) that his mo-
be reduced to writing by such member, and be tion to print was, at that time, premature. The
propounded to the witness by the Speaker, f rules proposed in the report might not be adopt-
not objected to but if any question shall be ed by the House ; or various modifications
objected to, ut any testimony offered shall be might be made, which would not be included
ubjected to by any member, the member so ob- in the printed report, if the order was now
jecting, and the accused or his counsel, shall made.
be heard thereon, after which the question Mr. THOMPSON explained.
thall be decides without further debate.

Mr. DAVIS said, it liad been the wish and
When the evidence is all before the House, endeavor of the committee to pursue the same
the said Samuel Huuston shall be heard on the course as had been taken on former occasions,
Whole mater by himself, or his counsel, as he where individuals had been brought before
may.elect

that House for a breach of its privileges ; they Alter the soil Samuel Houston shall have had, he believed, adopted the precise phrasebeen voltyd be shall be directed to with-ology adopted in the cases to which he alluded: draw; and the House shåll proceed to consider but they had proceeded farther, and provided the subject, and to take such order thereon as that if the accused refused to answer to the in Said Samuel Llorston shall be furnished with ceed to the examination of witnesses. It seem

terrogatories proposed, the House should proa copy of this orier.

ed to him, that the course laid down in the reAfter a few remarks from Mr.WICKLIFFE, port

, was one as favorable to the accused as to
lichart of the proposed mode of proceeding should be unwilling that the accused should be
which, In his view, required the party accused called on to answer at once whether he was
täin the report, and showed that it did not The House, or to raise any other objection

PLAY, of Alabama, explained this por promit his rights to question the jurisdiction of
call upon lae party to convict himself in any against its proceedings.
Mr. P'ATTON submitted, that it would be withdrew his motion.

Mr. Tuomson, after some farther explanation,
improper to call on the party to purge himself
alter contempt, before it should be proved rogation

proposed in the report. The individual

Mr. FOSTER objected to the mode of inter-
M. WILDE of Georgia, thougit that the I did strike that gentlemen–I did strike him
He thought that the part of it which was the from

Massachusetts (Mr. Davis) had said, he
ubject of remark, did not contravene the great wished to enable the accused, if he thought
princinte ofisu, which provided that the ac- proper, to pleud against the jurisdiction of the
hooked alumill not be called upon to inculpate House, but under the form of interrogation
admits, nor denies the facts charged, and to quiring specific answers, But if the general
vinter to the interrogatorius, that he neither so there were certain specific questions re-
Jease the proof thereof to the House, in such as question, are you guilty or not guilty, were
her mind not to be examined on oathi. It was Chiet, that he objected to the jursidiction of the
according w the practice in the courts for con. court. "Mr. Foster then offered an emend-

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he purport of which was, to substitute no matter how impertinent to the subject be

Tse he had recommended for that pro- fore the House: no matter if in violation of h the report.

the rules of order: no matter how CRAWFORD defined the mode of pro-true; no matter how injurious to the cha: g recommended by the committee. Genracter of a citizen, or citizens, out of the

seemed to mistake the character of the House-it is spoken within those walls, and in ding, which was not in the nature of an the course of debate-and the House at once ment, but was analogous to the proceed-throws its broad shield of protection over its f the courts in cases of contempt. The member. Mr. J. said, he had supposed that ling party is told that certain allegations the accused would have, at least, been allowed pade against him, a rule is made on him to show that the words spoken had nothing to ow cause, to which he must file his do with the question before the House. He er. If a different course were adopted,(Mr. J.) was willing to defend the privileges of accused might turn round to the House, members of that body, but he wouldl, at the

say, you have no right to question me same time, not infringe upon the rights of tlie ther I did strike this person; if I did strike citizen. He thought the accused, in cases such

you have no right to punish me for it.- as this, should be allowed to show not only that C. hoped the report of the committee the

words spoken had nothing to do with the ld be adopted, and that it would be adopt- subject of debate, but that they were not truer hen; if delayed, for the sake of printing it

, and if a citizen could show that the words for the next day, it would again be debated, which he beat a member of that House were the time of the public be needlessly con- not true—that his character bad been unjustly ed.

and falsely aspersed within those walls

, by that C. DRAYTON said, this was a matter re- member-he (Mr. J.) for one, would not lay the ing the utmost caution and deliberation weight of a feather upon him in the way of pun

thought the party accused would be moreishment, for what he had dune. If the substitute rably situated by the adoption of the proposed hy the genileman from Georgis, (Mr ndment of the member from Georgia, be FOSTER,) were not adopted, he should offer 28 ld vote for it; but such would not be the amendment securing to the aceused, in his de

The committee in framing their report, fence, the rights he had above stated. Nr. 2 wished to allow the accused every possible then concluded by reading that amendment. ns of defence; and it would be seen, that Mr. CLAY, of Alabama, concurred in a he course proposed by them, he might nion with the gentleman from Georgia, (Mr. er admit the facts

, and except to the juris- WILDE,) that the report was entirely misappro on, or he might deny both. He would ask, hended. He, (Mr. C.) was a meinber of that

how he could be more favorably situated committee, and after his vote on a former day eat might, perhaps, have influenced the could scarcely be suspected of any design mber from Georgia, that the accused might deprive the accused of a particle of his right ably be taken by surprise; but when he Mr. C. reviewed the interrogations proposed by bllected that he would be furnished with a the report, and said that, in answering, these y of the rules of proceeding, that gentleman cused could state the manner and the circus I see that he would have every opportunity stances attending the facts and all matterswls

raming his answers in a careful and guarded could be offered in excuse, extenuation,
mer. Mr. D. said, he hoped the amend justification.
it would not prevail

; he thought its effect

Mr. WXNTE2, leare was given to the four ous that the subject should have been referred namici Senators to attend, and the Senate then to some other committee. But, as the Senate

took a different view of the matter, the Com

mittee on Manufactures have felt bound to ac724 received from the President of the United quiesce in its decision; and, having bestowed on States with copies of Indian treaties ratified the whole subject the best consideration in their motions of Mr. RELL, it was laid on the table, during the present session of Congress. On power, now beg leave to submit to the Senate and onlered to be printed. The consideration

he result of their inquiries and reflections. was renumed of the report of the Committees Government are situated, 1st, within the limits

The public lands belonging to the General Hainut the Collector of Wiscasset, and Mr peace which terminated the revolutionary war;

on the subject of the charge. of the United States, as defined by the treaty of PLEXX continued his remarks until the expi-and, 2dly, within the boundaries of Louisiana De order by proceeding with the trial of Sam- spectively, to the United States. stion of the hour. The House the passed to and Florida, as ceded by France and Spain, reading William Stanbery of Ohio, for words ary war, there were, in some of the States,

1st. At the commencement of the revolutionmollis in admit the accused to bail, and Mr. principally west of the Alleghany mountains,

paken m debate. Mr. Comment renewed his large bodies of waste and unappropriated lands,

Witt, of S. Carolina, proposed to amend by and in the southern or southwestern quarters of pil that he did strike the accuser, and that he/He did not, however, wish to press lois sacs

Mr. SIETGUT, the batter motion was withdrawn, scribed or better defined limits, no such resource

moting the arrest : but at the suggestion of the Union, whilst in others, of more circumlity being allowed the party of either justi-JOHNSTON, of Virginia, after a few remark

Mr. DANIEL said, he thought it a matter ald be to abridge than enlarge the party's little importance what mode of trial was adep vers of defence.

ed. He was sure that not a single members Mr. ELLSWORTH would add only one that House would sit there with a wish it rd. It was the desire of every member of sign to entrap the accused, in lis defence,

committee that the accused should not be any manner whatever. He was certain led on, in any way, to criminate himself. If the House would take care that the accutane

admits the facts charged, he can proceed to was made in a fair manner, and that the secours ir justification or palliation.

bad a fair opportunity of delence, in when Mr. JOHNSTON, of Virginia, said, if he un manner be thought proper. He consider rstood the report of the committee, it not on-labis discussion a mere stickling for workel settled the mode of proceeding, but settled,

benefit to the House, the country

, or the al ewise, a very 5mportant principle, upon

vidual. lich, it seemed to him probable, the decision Mr. Foster

said, he had no doubt the House would ultimately

turn. The 2e- wishes of the committee were the saine led party was to be called before them; cer- own; all he wished, was to give the secre interrogatories were to be put; if he should

party every

advantage to which he was entide so for words spoken in debate, it is then pro- ment. ped to rush at once to judgment, no opporng or mi igating bis conduct. This would at also withdrew

his objections. se establish the broad principle of immunity The report of the committee was concun every thing spoken in that House in debate

; in unanimously.

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existed. During the progress of that war, the fide disposed of for that purpose, and for no
question was agitated what should be done with other use or purpose whatsoever.'

Passing
these lands in the event of its successful termi- by the cessions with other States, prompted by
nation? That question was likely to lead to a magnanimous spirit of union and patriotism,
paralyzing divisions and jealousies. The States successively made, we come to the last in the
not containing any considerable quantity of series, that of the State of Georgia in 1802. The
waste lands, contended that, as the war was articles of agreement and cession entered into
waged with united means, with equal sacrifices, between that State and the United States, among
and at the common expense, the wastelands various other conditions, contain the unequivo-
ought to be considered as a common property, cal declaration, that all the lands ceded by
and not be exclusively appropriated to the ben-this agreement to the United States shall, af-
efit of the particular States within which they ter satisfying the abovementioned payment of
happened to be situated. These, however, re-one million two hundred and fifty thousand
sisted the claim, upon the ground that each dollars to the State of Georgia, and the grants
State was entitled to the whole of the territory, recognized by the preceding conditions, be con-
whether waste or cultivated, included within sidered as a common fund for the use and benefit
its chartered limits. To check the progress of of the United States, Georgia included, and shall
discontent, and arrest the serious consequences be faithfully disposed of for that purpose, and for
to which the agitation of this question might no other use or purpose whatever."
lead, Congress recommended to the States to Thus, by the clear and positive terms of these
make liberal cessions of the waste and unseated acts of cession, was a great, public, national
lands to the United States, and on the 10th day trust, created and assumed by the General Go-
of October, 1780, " Resolved, That the unap-vernment. It became solemnly bound to hold
propriated lands that may be ceded or relin- and administer the lands ceded, as a common
quished to the United States, by any particular fund for the use and benefit of all the States, and
State, pursuant to the recommendation of Con- for no other use or purpose whatever. To
gress, of the 6th of September last, shall be dis- waste or misapply this fund, or to divert it from
posed of for the common benefit of the United the common benefit for which it was conveyed,
States," &c.

would be a violation of the trust. The General
In conformity with the recommendation of Government has no more power, rightfully, to
Congress, the several States containing waste cede the lands thus acquired to one of the new
and uncultivated lands, made cessions of them States, without a fair equivalent, than it could
to the United States. The declared object retrocede them to the State or States from
having been substantially the same in all of which they were originally obtained. There
these cessions it is only necessary to advert to would indeed be much more equity in the lat-
the terms of some of them. The first, in order ter than in the former case. Nor is the moral
of time, was that of New York, made on the 1st responsibility of the General Government at all
day of March, 1781, by its delegation in Con- weakened by the consideration that, if it were
gress, in pursuance of an act of the Legislature so unmindful of its duty as to disregard the sa-
of the State; and the terms of the deed of ces cred character of the trust, there might be no
sion expressly provide, that the ceded lands and competent power, peacefully applied, which
territories were to be held, sto and for the only could coerce its faithful execution.
use and benefit of such of the states as are, or shall The other source whence the public lands of
become parties to the articles of confederation.”|the United States have been acquired, are, 1st,
That of Virginia was the next in date, but by the treaty of Louisiana, concluded in 1902; and
far the most important of all the cessions made 2dly, the treaty of Florida, signed in 1819. By
by the different states, both as respects the ex- the first, all the country west of the Mississippi,
tent and value of the country ceded. It com- and extending to the Pacific ocean, known as
prehended the right of that commonwealth to Louisiana, which had successively belonged to
the vast territory northwest of the river Ohio, France, Spain, and France again, including the
embracing, but not confined to the limits of the island of New Orleans, and stretching east of
present States of Ohio, Indiana, and Illinois. the Mississippi to the Perdido, was transferred
The deed of cession was executed by the dele-to the United States, in consideration of the
gation of Virginia in Congress, in 1784, agreea- sum of fifteen millions of dollars, which they
bly to an act of the Legislature passed in 1783; stipulated to pay, and have since punctually
and, among other conditions, the deed expli- paid, to France, besides other conditionsdeem-
citly declares, that all the lands within the ter-ed favorable and important to her interests. By
itory so ceded to the United States, and not the treaty of Florida, both the provinces of East
reserved for or appropriated to any of the be- and West Florida, whether any portion of them
forementioned purposes, or disposed of in boun- was or was not ceded to the United States in
ties to the officers and soldiers of the American consideration, besides other things, of the pay.
army, shall be considered a common fund for the ment of five millions of dollars which they
use and benefit of such of the United States as agreed to pay, and have since accordingly paid.
have become, or shall become, members of the con-

The large pecuniary considerations thus paid
Erginia

federation or federal alliance of the suid States, to these two foreign powers, were drawn from ective svi

Virginia inchesive, according to their usual re- the Treasury of the people of the U. States, Dendmebas

spective proportions in the general charge and and, consequently, the countries for which they серке Həлцоара

expenditure, and shall be faithfully and bona formed the equivalents, ought to be held and Για αυτιλ.π.

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During the progress of that war, the fide disposed of for that purpose, and for no was agitated what should be done with other use or purpose whatsoever." Passing ds in the event of its successful termi. by the cessions with other States, prompted by

That question was likely to lead to a magnanimous spirit of urtion and patriotism, ng divisions and jealousies. The States successively made, we come to the last in the taining any considerable quantity of series, that of the State of Georgia in 1802. The ands, contended that, as the war was articles of agreement and cession entered into with united means, with equal sacrifices, between that State and the United States, among he common expense, the waste lands various other conditions contain the unequivoo be considered as a common property, cal declaration, that all the lands ceded by

be exclusively appropriated to the ben- this agreement to the United States shall, af.
the particular States within which they ter satisfying the abovementioned payment of
ned to be situated. These, however, re- one million two huraired and fifty thousand
the claim, upon the ground that each dollars to the State of Georgia, and the grants
was entitled to the whole of the territory, recognized by the preceding conditions, be con-
er waste or cultivated, included within sidered as a common fund for the wee mind bou fit
artered limits. To check the progress off of the United States, Georgia included, and shall
tent, and arrest the serious consequences be faithfully disposed of for that purpost, und for
Ich the agitation of this question might no other use of purpose whurterer."
Congress recommended to the States to Thus, by the clear and positive terms of diese
liberal cessions of the waste and unseated acts of cession, was a great, public, national
to the United States, and on the 10th day trust, created and assumed by the General Go
ober, 1780, " Resolved, that the unap-vernment. It became solemnly bound to hold
ated lands that may be ceded or relin- und administer the lands ceded, as a common
ed to the United States, by any particular fund for the use and benefit of all the States, and

pursuant to the recommendation of Con- for no other use or purpose whatever To
of the 6th of September last, shall be dis- waste or misapply this fand, or to divert it from
of for the common benefit of the United the common benefit for which it was conveyed,
&c.

would be a violation of the trust. The General
conformity with the recommendation of Government has no more power, rightfully

, to

the v ress, the several States containing waste cede the lands thus acquired to one ncultivated lands, made cessions of them States, without a fair equivalent

, than it could e United States. The declared object retrocede them to the State of States fren & been substantially the same in all of which they were originally obtained. There

cessions it is only necessary to advert to would indeed be much more equity in the Wierms of some of them. The first, in order ter than in the former case. Nor is the moral ne, was that of New York, made on the 1st responsibility of the General Goverment at all of March, 1781, by its delegation in Con- weakened by the

consideration tiat

, if it was in pursuance of an act of the Legislature so unmindful of its duty as to disregard the e State, and the terms of the deed of ces cred character of the trust, there might be expressly provide, that the ceded lands and competent power, peacefully applied, whk orics were to be held, sto and for the only could coerce its faithiful execution.

mil benefit of such of the states as are, or shall
me parties to the articles of confederation." the United States have been acquired, are

The other source whence the public lands o of Virginia was the next in date, but by the treaty of Louisiana, concluded in 1802 he most important of all the cessions made 2dly, the treaty of Florida, signed in 1819 he different states, both as respects the ex- the first, all the country west of the Mississa

and value of the country ceded. It conn- and extending to the Pacific ocean, knom Dendel the right of that commonwealth to Lonisiana, which had successively belonged vast territory northwest of the river Ohio, France, Spain, and France again, including the racing, but not confined to the limits of the island of New Orleans, and stretchingeri sent States of Ohio, Indiana, and Illinois. the Mississippi to the Perdido, was trasslor

deed of cession was executed by the dele. to the United States, in consideration of on of Virginia in Congress, in 1784, agreen- sum of fifteen millions of dollus, which is to an act of the Legislature

passed in 1783; stipulated to pay, and have since puncte
among other conditions, the deed expli- puid, to France, besides other conditionsdes
declares, that all the lands within the ter/ed favorable and important to her interests
TY 50 ceded to the United States, and not the treaty of Florida, both the provinces of te
rved for or appropriated to any of the be- and West Florida, whether any portion of the

mentioned purposes, or disposed of in boun- was or was not ceded to the United States a
to the officers and soldiers of the American consideration, besides other things of the pe
y, shall be considered a common fund for the ment of fire millions of dollars which the

and benefit of such of the United States as agreed to pay, and have since accurdingts pili
become, or shell become members of the con-
ration or federal alliance of the said States, to these two foreign powers were drawn but
ctive proportions in the general charge und and, consequently, the countries for which they

ginia inclusive, according to their usual re- the Treasury of the people of the U. Stats

and shall be furthfully and bona formed the equivalents, ought to be held sol

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