MARCH, 1839.]

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[25TH CONG.

Mr. ALLEN also said that he had no knowl- | them—and sprung upon them in an irregular edge of any such resolution having passed, and manner, during the discussion of a pending he believed he was in the chamber at the time question-and complete the business before of its passage. them.

The question on adjournment was taken and decided in the negative.

Mr. WILLIAMS, of Mississippi, stated that he was in the chair when the consideration of the resolution was called for by the Senator from Mr. BENTON said this resolution could not New York, (Mr. TALLMADGE.) The resolution pass. It was in the power of any one member to was taken up, considered, and adopted, with stop it, and he should use every effort to do so. all the forms that are usual on the passage of a It was then after midnight—it was two o'clock resolution. He wished to know if the Senator-there is not a quorum of the Senate present. from Missouri intended to impute any incorrectness of conduct to the CHAIR in the proceedings on the resolution.

Mr. TALLMADGE inquired if the motion to enter the hour on the journal was in order.

The PRESIDENT said that by the rules, any member who moved an adjournment had the right to have the hour at which such motion was made entered on the journal.

Messages of adjournment have passed between the two Houses and with the President, and no act, save the adjournment, can be done exMr. BENTON. Not at all: not at all. He cept by unanimous consent, which hides and was out of his seat at the time, and knew noth-covers up irregularities. The resolution had ing of what was done, or how it was done; he better be dropped; it cannot be passed; it will only knew it was quickly done. He was out not be passed. Mr. B. said it was now after of his seat but a few minutes; was invited out two o'clock-half-past two o'clock, and he of it into a near room; was, in fact, invited out moved that the Senate do now adjourn, and several times before he went; and was out that the hour be entered on the journal. It but a few minutes. He knew nothing of what was now half-past two o'clock on the 4th day was done until since he came back. He cer- of March, and the constitutional existence of tainly imputed no blame to the Senator from the Senate was at an end. This was the fact, Mississippi: neither thought it nor imputed it. and he wanted it on the journal. Mr. WRIGHT said he had looked at the resolution, and found that it contained the certificate of the Secretary, that it had passed. Without making any complaint as to the irregularity with which that resolution passed, he would only say that if their Secretary, or the Secretary of any other body distributed books under a resolution thus passed, he would, so far as he (Mr. W.) was concerned, do it upon his respon- The PRESIDENT said that before taking the sibility. question on adjournment, he would ask the inMr. TALLMADGE said, that as to the responsi-dulgence of the Senate to make a few remarks, bility attending this resolution, he avowed him- He regretted exceedingly that he had left his self willing to meet it there or before the situation in the chair for a moment, as it had country. He had called up the resolution, and led most probably to unpleasant feelings. He it had been acted on at his instance. He ac- had hoped that at this hour, when they were knowledged that advantage had been taken of about to separate, nothing would have occurred time and circumstances, but the same advan- to mar the harmony of the body, or interrupt tage had been taken of him and others in the feelings of personal kindness so appropriate various instances. He did not pretend to be to the occasion. He had endeavored, while much of a Jackson man, but he was perfectly presiding over their deliberations, to which he willing, as regarded his participation in this had been called by the kindness of the Senate, matter, to meet the responsibility. to discharge his duties to the extent of his ability-faithfully he believed, honestly he knew he had; and he regretted, deeply regretted, that any thing should have occurred during his temporary absence from the chair, to induce unpleasant feelings, and prevent a harmonious adjournment.

Mr. HUBBARD, from the joint committee appointed to wait on the President of the United States, and inform him that the two Houses of Congress, having finished the business before them, were ready to adjourn, provided he had no further communications to make, reported that they had performed the duty assigned them, and had received for answer that the President had no further communications to make to Congress, and requested them to wish to each member of the Senate a safe return to his family and his home.

Mr. WRIGHT moved that the Senate now adjourn.

Mr. TALLMADGE hoped that the Senate would not adjourn until they had consummated the business before them; and they would disregard this Message, which had been sprung upon

The entry was accordingly made on the journal.

Mr. BENTON said that every word spoken by the PRESIDENT, (Mr. KING,) went into his heart, and found a resting-place there. Like him, he wished a harmonious adjournment; like him, he wished all to separate with feelings of personal kindness; and for that very purpose, he had moved the adjournment. It was the quiet and easy way to get rid of an unpleasant subject; to avoid a struggle which will lead to no results; for the resolution could not become a law. He wished to drop it as it was; and then there would be nothing to mar

3D SESS.

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[MARCH, 1839.

the kind feelings which prevailed, and which | until he was informed that it had passed. He all would wish, with the PRESIDENT, to see pre- was in favor of the object of the resolution, and served. would have voted for it if he had been aware of The question was then taken on the adjourn-its having been before the Senate. ment, and decided in the negative, as follows:

YEAS.-Messrs. Allen, Benton, Buchanan, Hub

bard, King, and Williams of Mississippi-6.
NAYS.-Messrs. Foster, Fulton, Lyon, Merrick,
Nicholas, Norrell, Roane, Southard, Talimadge, Walk-
er, Wall, and White-12.

Mr. BENTON said it was now entered on the journal that it was half-past two o'clock in the morning, and no quorum, only eighteen members present, and he now made a motion, which was addressed to the PRESIDENT himself. In doing so, he would cite the example of Mr. Macon, whom they all knew, and than whom no man was more scrupulous. Mr. Macon held that at twelve o'clock at night, on the 3d of March of the short session, his powers as a Senator ceased, and if the Senate was not willing to adjourn at that time, he went away. Now, Mr. President, (said Mr. B.,) I believe that at this hour, half-past two o'clock in the morning of the 4th of March, you have no authority here, and I have no right to address yon. I therefore mean to make the question | with you, whether, at this hour, you have power to act. The CHAIR has given notice that he is going to sign the resolution, and I object to it. It is the 4th of March, and no quorum. | The PRESIDENT said it was a very common thing at the close of the Congress to sit and do business after midnight on the 3d of March.

Mr. WALKER said, in regard to the resolution, he had understood such a one was to be offer

ed, and not having been offered, he had con

cluded that it had been abandoned. The first actual knowledge he had of the resolution being before the Senate, was hearing its title pronounced by the voice of his colleague, (Mr. WILLIAMS.) I did not know what it meant. He read the resolution. I heard him distinctly put the question; and the various questions that are usually put on the passage of a resolution, were put as fully, and as clearly, as they generally are, and the question was carried as fairly, and the Senate was as full, as it was when a majority of the acts passed by that body were carried.

Mr. ROANE said that he knew no more of the passage of that resolution than the child unborn. He must have been in the chamber at the time, but he had never heard it called up, nor any question taken on it. With respect, however, to these Madison papers, he looked on them in a very different light from the trash that was so often published by Congress. He had received this very evening, from a distinguished gentleman in Virginia, a letter asking information about them. It was a letter abounding with good sense, and placing a proper estimation on these papers. With this letter in his hand, he went round to the seat of his friend from Missouri, and endeavored to soften his rigid resolution with regard to the distribution of books, so as to make the Madison papers an exception. He endeavored to put these papers in contrast with the trash that was put abroad under the sanction of Congress, which may, perhaps, form the materials for a spurious history of the country. He represented that these Madison papers had already been published, and that there would be an absurd ity, after paying for them, to put them away in the garret, with the trash that has lumbered there among the cobwebs of time. The Senator from Missouri stated the terms on which he would agree to the distribution of this particular work, and that was, to make a general distribution throughout the Union and into every State; and he desired me to go to the Secretary's table, and get the Clerk to make out a list of the general distribution of documents, and then he would support it. Mr. R. then Mr. BENTON said they had no right to send descanted at length on the great value of the the Sergeant-at-arms after members; that all | Madison papers; the importance that the in power over Senators was at an end.

Mr. BENTON said he knew it was, but in such cases the fact was kept out of the journal; all appeared there to have been done on the 3d of March. The journal went on headed the 3d, and the approvals of the President bore date the 3d. But now this is not the case. The | time is marked on the journal; it is marked the morning of the 4th, and the whole proceed - | ing will be invalid on its face.

The PRESIDENT was of opinion that he could not sign the resolution when a quorum of the Senate was not present, and so stated to the

Senate.

Mr. BENTON said, as there was no quorum present, he hoped the Senate would adjourn.

Several members said they hoped not; that a quorum would be soon present, and said that the CHAIR could despatch the Sergeant-at-arms after the absentees.

formation contained in them should be dissemi

The question was then taken on adjourn-nated as widely as possible, and the absurdity ment, and decided in the negative.

Mr. MERRICK then made a few remarks in relation to the passage of the resolution. He said he was in his seat in the Senate, but knew not of the passage of this resolution. In fact, he did not know that the resolution had been presented for the consideration of the Senate,

of locking them up from the public view, after having paid for printing them. He did not consider the works of James Madison of the same nature with those publications with which it had been the custom of the two Houses to supply their members-"a custom more honored in the breach than in the observance

Book Distribution.

and he hoped that the resolution of the Senator | exist. The resolution could not be carried: from Missouri, with regard to distributing there is no authority existing which could carry books, would not, like the rigid laws of the it. Medes and Persians, be applied to them.

Adjournment.

would require no extensive evidence to support | stating that they still insisted, and asked a it. A standing committee was to carry it: committee of conference, having appointed a that committee was to be joint: it was to be committee of three on their part. composed of two members from each House; and these two members of each House were to make report to their Houses respectively that the bill had been presented, carefully stating the day on which it was presented; and then this report was to be entered on the journals

Mr. MERRICK reported that within the last hour the committee had placed in the hands of the President a joint resolution for the distri-ried, and the main question ordered and put, bution, in part, of the Madison papers.

The Senate adjourned sine die at 20 minutes of the House, so as to pass a joint resolution to past 4 o'clock, A. M.

778

ABRIDGMENT OF THE DEBATES OF CONGRESS.

Adjournment.

MARCH, 1839.]
Houses were ready to close the present session,
reported that they had performed that duty,
and were informed by the President that he
had no further communication, but he wished
the members all a safe and happy return to

their homes.

A motion was made by Mr. CONNOR that the House adjourn without day, when

The SPEAKER rose, and addressed the House as follows:

Gentlemen of the House of Representatives:

[25TH CONG., 3D SESS. deliberations of the representatives of the people. It has been made my duty to decide more questions of parliamentary law and of order, many of them of a complex and difficult character, arising often in the midst of high excitement, in the course of our proceedings, than had been decided, it is believed, by all my predecessors, from the foundation of this Government. This House has uniformly sustained me, withbeen composed. Our records will show, that upon out distinction of the political parties of which it has the numerous appeals which have been taken to the House, I have been sustained by both political parties, and often by decided and large majorities. Though doubtless I may often have fallen into error in promptly deciding novel questions, suddenly raised, I trust it was not on points material, and I know it was never intended. I return to this House my thanks for their constant support in the discharge of the arduous and difficult duties I have had to perform.

In taking leave of this body, in all probability forever, emotions are excited which no language can adequately convey. When I look back to the period when I first took my seat in this House, and then look around me for those who were at that time my associates here, I find but few, very few, remaining. But five members who were here with me fourteen years ago, continue to be members of this body. My service here has been constant and laborious. I can, perhaps, say what but few others, if any, can-that I have not failed to attend the daily sittings of this House a single day since I have been a member of it, save on a single occasion, when prevented for a short time by indisposition. In my intercourse with the members of this body, when I occupied a place upon the floor, though occasionally engaged in debates upon interesting public questions, and of an exciting character, it is a source of unmingled gratification to me to recur to the fact, that on no occasion was there the slightest personal or unpleasant collision with any of its members. Maintaining, and at all times expressing, my own opinions firmly, the same right was fully conceded to others. Our discussions were at that time conducted with that courtesy and decorum, and respect for the opinion of others, which ought ever to prevail in a deliberative assembly. For four years past the station I have occupied, and a sense of propriety, in the divided and unusually ex-given, as it has been, at a time of high party excitecited state of public opinion and feeling, which has existed both in this House and in the country, have precluded me from participating in your debates. Other duties were assigned me.

The high office of Speaker, to which it has been twice the pleasure of this House to elevate me, has been at all times one of labor and high responsibility. Its difficult, and often delicate, duties have been fully appreciated and freely expressed by all my predecessors. They have all borne testimony to the difficulty, nay, impossibility, of discharging its duties with entire satisfaction to all, especially in seasons of high political or party excitement. Whilst they have borne this testimony, I think I may truly affirm that none of them have had a severer ordeal to pass than has fallen to my lot. Frequent have been the occasions when, but for the indulgent and liberal support at all times given to me by this House, I should have been utterly unable to preserve that order and decorum which should ever attend the

But, gentlemen, my acknowledgments are espe cially due to the majority of this House for the high and flattering evidence they have given me of their approbation of my conduct as the presiding officer of the House, by the resolution you have been pleased to pass. I regard this as the highest and most valued. testimonial I have ever received from this House, because I know that the circumstances under which it has passed has made it matter of substance, and not of mere form. I regard it as of infinitely more value than if it had been the common matter-ofcourse and customary resolution, which, in the courtesy usually prevailing between the presiding officer and the members of any deliberative assembly, is always passed at the close of their deliberations. That is unmeaning-is indiscriminately conferred-is a mere act of courtesy, and possesses, comparatively, but little value. I return to the majority of this House, what I sincerely feel, my grateful thanks for this high evidence of their approbation and regard,

ment, which, in the accomplishment of party and political objects, but too often disregards all other considerations. I shall bear it in grateful remembrance to the latest hour of my life.

I trust this high office may in future times be filled, as doubtless it will be, by abler men. It cannot, I know, be filled by any one who will devote himself with more zeal and untiring industry to do his whole duty than I have done.

We are now about to separate, many of us never again to meet. I wish you, gentlemen, a safe return to your families and friends; and whatever our respective future destinies may be, my prayer to a beneficent and overruling Providence is, that our future lives may be useful and happy.

The SPEAKER then announced that the House stood adjourned without day. The House, at two o'clock, A. M., adjourned sine die.