The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-08-04

Mr.. BARNARD, from the Jadiciary Committee.
asked Leave to report bill giving certain powers to
the clerk of court in the northern district of New
York, with an amendment made by the committee
The bill authorizes the clerk residing at Utica to APP
point deputy to fulfil duties at Auburn, provided
the deputy shall take the usual oaths and the princ
pal be responsible for his acts.
Mr.. FLOYD objected to the proposal of passing
the bill Immediately, and after short explanation by
Mr. Barnard, it laid over and ordered to be
printed.
Mr.. J. r. INGERSOLL from the Committee of
Ways and Means, reported bill for the relief OF
John G.. Ford.
Mr.. KENNEDY, from the Committee on Com
merce, reported bill for the relief of Saow T.
Sears.
Mr. GENTRY, from the Committee Public
Lands reported bill, without amendment, in rela-
ton to the Greensburgh land district in Louisiana.
The orders OF the day then called up. The
pending business was the report from the Committee
on Indian Affairs, in relation to the alleged Cherokee
frauds, accompanied by three resolutions the last of
which calls on the President for the papers refused
by the Secretary of War.
Mr.. GWIN was entitled to the floor. He said tina,
he had knowledge of any of the charges that had
been made in the report of Col. Hitchcock. tie did
not know the name OF single individual implicated
and could not be suspected OF attempting 10 shield
any person whose conduct the subject Of scrutiny
He sustained the Secretary of War on the ground
that he right in refusing report to this House
ex parte testimony not taken under oath, duplicating
parties who have had opportunity of rebutlng the
impuations cast upon their characters 1t most
unjustifabe course to publish such testimony, which
tended to ruin the reputation of persons who after
wards proved that every charge against them was
false; but not of hundred who had seen the
charge, its refutation 1t prevent such
injustice that the Secretary had refused to send In this
crude testimony. he wished TO perfect the record,
and then would without doubt, make full report to
the House, if called upon. 1t is known that every
paper emanating from one of the Departments, sent
to this House, is forthwith printed If the testimony
reported by Col Hitchcock bad been sent here, 1t
would have been forthwith published, and these charges
would have flown the wings of the wind to all
quarters of the Union, destroying the character OF
the parties implicated before they knew there
were charges against them. Such had been the Ell
feet of report made by the Committee on Expendl-
lures duplicating the character of former Commits
soner of Indian Affairs (Mr. Harris) and charging
one of his, Mr.. G.'s constituents of attempting to
bride this officer This charge had been promug gated
by the Committee on the statement of clerk of one
of the Departments. The whole charge false
The gentleman implicated Gen. Porter) happened TO
be in the city, and called on the gentleman VINO made
the report, and convinced him there no ground
for the charge, and he very properly published, as
from the Committee letter addressed to him by the
party Implicated, which refuted every charge against
the first report. But the first went the round
of newspapers that oher was only published IN
the official paper this House few days ago, at the
instance of the broher-in-law Of MIR. Harris former
on the reputation of his deceased relative retuted
through the where it had been attacked;
yet this REPUTATION will reach one half of those
who the attack.
ago by the Senate of the United States to collect
parte testimony against individuals in his Mr.. G.s,
State. The members made reports duplicating the
characters of many of tue first citizens of the State
who lever knew they assalled until they
the reports published by order of the Senate. Tho
result was, the most violent personal collisions, caus
ing the death Ut many peisons by duels and rencon-
tres Seven of the Commissioners were killed, and
several of the persons inpl Gated met with the same
fate All of tins would have been avoided if full in
vestigation had taken place before report made
Ali the charges made by this Commission had proved
false, or the parties had shown that full examine
ton would have cleared them from mputalion. One
of the parties implicated is distinguished mem
Der Of The Senate Of The United States, and placed
there by the people, to stamp with falsehood, the
charges made against him. He never thought OF oheI-
ing for that elevated station, until his
brought forward to pass through the severest ordeal
TO show that he had been unjustly assailed. The
frauds created by this Commission has not yet ceas-
ed, and would not during the life OF the parties.
He was, therefore, opposed to all pare reports
duplicating the character OF any American citizen
He had doubt the Secretary was diligently engag-
ed in prosecuting this inquiry, and it, after it is
peted he refused to report upon call of the House.
he would mite in visiting upon him the
sure of this House. But he apprehended no such 10
suit. The Secretary had no motive to withhold H.
formation or smother investigation, and he believed
he would not attempt it, and he hoped every officer Of
the Government would resist every effort to force the
publication OF ex parte charges against individuals
without giving them an opportunity of defence, let
that effort cone from what quarter it might.
Mr. CUSHING followed, and discussed at length
the constitutional power Of the House to insist the
call for the papers recommended in the last
luton of the Committee on Indian Affairs. This he
conceived one important division Of the question to
be discussed the conduct of the Secretary of War
was another The Constitutional question led to the
inquiry into the modes established by usage, under
the Constitution, OF communicating with the PresI-
dent as well as with the other branch Of Congress
The House communicated with both, by message, or
resolution transmitted through the clerk or by the
nstrumentaty of committee. The practice had
been to communicate with the Executive principally
by resolution This mode contained none of the ele
ments of conference or compromise which might be
comminged with the other But yet resolution
demanding papers is, by usage, accompanied by re-
servation provided in the opinion OF the President,
their transmission shall not be detrimental to the
public service Obedience to the call is refused and
you make it imperative. Will you insist on your
right to have the papers, because they are essential
to your legslaton Could not the Senate, according
to this principle, insist upon having papers in posses
sion of this House could not the President do the
same But if the Executive refuses obedience, you
will impeach him. If you do so, you abandon your
first position, and will be unable 10 obtain the papers
upon any new principle you may devise.
Before Mr.. CUSHING had concluded, the morn
ing hour expired, and
On motion of Mr.. STANLY, the House went into
Committee Of the Whole, and took up the bill for
organizing the army.
Mr. BARTON addressed the committee at great
length principally discussing the government of the
armories.
He followed by Mr.. SPRIGG, on the general
question of reducing the army, and incidentally on
the armory question.
MIR. GOGGIN continued the debate, reply ing
deliberately to the statements and arguments OF MIR,
Barton and was followed by
Mr.. CALHOUN, with full details about the 60
vernment of the Springfield armory. The per-
mitted hour had expired before MIR. Calhoun had