2D CONG.....2D Sess. ain, the Colonel says: would be impossible for our troops to remain here Hexican civil officers, for we should have to interpose I squabbles, which would make them serious mat hether the "which would make them serious ers" is intended as the reason for or the conence of the interposition, does not appear. But a did it become one of the duties of the milito interpose in civil squabbles? I will not I on this point. e of the remarks in the proconsul letter insme to imagine, and I am sorry so to do, the gallant Colonel has not been as discreet s friends would desire, in the selection of his le acquaintances in New Mexico. His acntances have been injudiciously selected and he generalized too much. I remember reading of hinese savant, who, while traveling in England, re the days of steam, was rowed across the mes in a wherry, by a man who had lost a In handing out the baggage of the Chinese, boatman put his wooden leg in the water and this natural foot on the dry land. The Chie, struck with the convenience of the thing, municated to the brother of the Sun and Moon, in England he had observed a practice which ht be introduced with advantage into the em-he referred to the employment of the wooden;ed men in rowing the boats. He concluded saying, that he would not presume to suggest ether it would be best to order the wooden çed men into the boat business, or to cut off a of those already engaged in it. The Chinese eralized; so has Sumner-the Chinese commuited his generalization to his Government; so Sumner. 'his man, Mr. Chairman, is just what I have resented him to be-gallant, stupid, and genering. But, Mr. Chairman, for the continuance of the rrel between the military and the civil power New Mexico, I hold this Ádministration responle. That the military, or some of them, have t sight of their due subordination to the civil wer, is justly chargeable on the Administration. e unrebuked neglect of Colonel Munroe to obey orders "to cease all further interference in the il and political affairs of New Mexico," has couraged and promoted other military aggresns on the civil and political rights of the people. hy is it, that having encouraged, by its want of cision, a state of exasperation between the miliy and the people, the testimony of the former the character of the latter is eagerly seized upon the Administration, and transmitted to Coness? Is the War Department the quarter from ich we might naturally look for information ncerning the civil affairs of the Territories? It worthy of note that but an insignificant portion the letters selected for transmission to Congress am the commander of the ninth department retes to military affairs. The operations of the my in New Mexico against the political rights the people, seem to have more interest in the res of the Administration than those against eir enemies, the Indians. Why is it that informion regarding the civil affairs of New Mexico not sought from civil sources? Why is there athing concerning the character of the people oming from the late Governor, James S. Calhoun ? know he entertained the most kindly feelings toards the people, and favorable opinions of their apacity and aptitude in appreciating the spirit and rue principles of our Government. He always ustained and defended the popular rights against nilitary aggression. The people of New Mexico ppreciated the character of Governor Calhoun, and long will his memory be held in affectionate emembrance among them. Why, I ask, are not he views of Governor Calhoun concerning the people of New Mexico communicated to Congress? Why have we nothing from his successor, Governor Lane? My letters from that gentleman indicate no opinions derogatory to the people, but, on the contrary, express hopes of extended usefulness among them. He has been among them long enough to see into the settled hostility of the military to the successful working of a civil government not under "military supervision." The testimony of those who think well and kindly of the people, is rejected. It conflicts with an obvious Affairs of New Mexico-Mr. Weightman. purpose, which is apparent in the message and documents: to blot, blur, and disfigure those pages in the history of the country on which are recorded the brilliant administration of President Polk. During the last session, Mr. Chairman, in defense of Governor Calhoun, and incidentally of the people of New Mexico, I made a speech, much || of which, as reported on that occasion, was not delivered in the House. I was interrupted by the Speaker's hammer. The portion I now read was not said in the heat of debate, but calmly written in the closet: "I cannot close my remarks without saying a few words of denial of the charges which have been directed against the people I represent. Should I close my remarks with out speaking in their behalf, I would be unmindful of the courtesies, and kindness, and hospitality, I have invariably received in every part of New Mexico, and be unworthy to represent a people who, with frankness and confidence, have trusted to me to represent their true condition, and promote their interest and happiness. The people of New Mexico have been represented as entertaining feelings of deadly hostility towards native-born citizens of the United States, which makes their lives unsafe in New Mexico-that the New Mexicans are on the very eve of revolt against the Government of the United States. So help me Heaven, Mr. Speaker, this is all untrue. I assert it to be untrue on my responsibility as a representative, and honor as a gentleman. Were it true, the Governor of New Mexico had long since exposed it, and I would not be here as the representative of such a people. But these are my assertions -I would convince your reason." * "The picture which has been presented of my constituents by the old adherents of the military government, is false in coloring, and untrue in details. I have never met in any part of the United States, people more hospitable, more law-abiding, more kind, more generous, more desirous of improvement." * Mr. Chairman, were I to arrive in Las Vegas, the frontier village of New Mexico, hungry and athirst, on foot and in rags, without money in my purse, I would knock with confidence at the doors, and my wants would be supplied. Few in all the Territory would turn me from their doors. When I continued my journey, sir, it would no longer be on foot, it would no longer be in rage; my needs would all be supplied, and without money and without price, I could travel throughout the country. Many times my entertainment might be simple rude indeed, but it would be offered ungrudgingly. Can I be recreant to the interests and honor of such a people, Mr. Chairman? By their wrongs will I stand by them. Colonel Sumner has been the recipient of the hospitalities of honorable and refined New Mexican gentlemen, whose houses are the abiding places of chaste matrons and innocent maidens; and the letter you have heard read is the return he has made for those hospitalities. Would you do that, Mr. Chairman? Would I? No, sir. I would rather be a Secretary of War, and retain my seat in the Cabinet of a President who insults the generous constituency who had honored me with their confidence. Colonel Sumner, who has given a picture of Mexican manners, is in no position to see but rarely anything of domestic life as it really exists in New Mexico. Sidney Smith, in accounting for the bearish deportment of John Bull while traveling on the continent, says, "John is so satisfied with himself because he has Magna Charta and trial by jury, that he thinks it is not necessary for him to attend to small behavior." Jonathan, the kingman of John, it must be confessed, is not unmindful that he has trial by jury and institutions which throw Magna Charta in the shade. Proud as John and Jonathan are, they are no prouder than the Spaniards, and not near so sensitive. They are no prouder than the Indian, and not near so reserved. While thousands of my constituents are of pure Spanish descent, others, I believe the large majority, have in their veins the blood of the Spaniard and the Indian, mingled generations ago. What of shame attaches to this? My constituents need not be ashamed of their blood. They are descended from the Spaniards, who, by their courage and enterprise, peopled a continent-who maintained a contest with the Moors for an hundred and fifty years, and finally drove them from their midst. When Napoleon appeared to have subdued all Europe, and all seemed lost, Pitt, the English statesman, expressed his reliance on Spanish game for a renewal of the contest, and was not disappointed. The conquest of Mexico by Cortez, and his gallant few, savors more of romance than reality, and in the infuriate resistance of the Aztecs Ho. OF REPS. was displayed valor which, though unavailing, has never been surpassed. From these are my constituents descended, and of their stock they need never be ashamed; and should the army be withdrawn from New Mexico, as Colonel Sumner proposes, and the people supplied with arms, and but half the amount now necessary to maintain the troops there, be for a few years appropriated for the support of volunteers from New Mexico, my constituents will demonstrate that they are not unworthy sons of noble sires. I commend this proposition to general attention. It is economical, which should commend it to Congress, and it will meet with great favor in New Mexico, as, if carried out, it would at once relieve the people from the molestations of the army, and they would soon relieve themselves from those of the Indians. I have said my constituents are a proud, reserved, and sensitive people. You can readily imagine, Mr. Chairman, that their reserve and sensitiveness have not been diminished by the war which resulted in the transfer of their country and allegiance. Think you, sir, that a man whose every attitude is an assumption of superiority, and every gesture an indication of contempt, will ever be admitted into the hearts of such a people?-that he can ever see their good qualities? No, sir! he will meet cold politeness and dignified reserve, but catch no glimpse of the hearts or domestic life of such a people. There is another view of the outrage of which the people of New Mexico have been the subjects, to which I will draw your attention. The letter of Colonel Sumner, which has been adopted by this Administration, and which has been read by the Clerk, is the report of an officer of the Army, not about military matters, but is chiefly devoted to giving an account of the character and habits of the people among whom he happened to be stationed. Sir, in the year 1848, during the administration of President Polk, the Constitution of the United States gathered New Mexico under its protecting wings; yes, sir, as a hen gathereth her chickens under her wings; and my constituents have as broad political rights as if each one of them were a Secretary of War, and are entitled to as much consideration and immunity from Executive insult as the people of any portion of the country. Imagine, if you can, Mr. Chairman, an officer of the Army, stationed in Virginia, instead of occupying himself with his military duties, to sit down and, without instruction or encouragement—ay, sir, there's the rub-without instructions or encour agement to communicate to the Department of War his views concerning the people of Virginia; their modes of life, their customs, and their habits of thought about the slavery question, for instance. I imagine he would promptly be reminded that the character of his duties was military, and that his conduct was improper and unbecoming. But, suppose further, sir, that the Secretary of War, forgetful of the object of the Department over which he presides, should, through the President, transmit to Congress the letter of the officer. What would the people of Virginia do in such a case? They would demand of the Executive that the officer who committed this outrage should be ordered out of their State, and that he should never again do duty within the limits of the Old Dominion; and if their demand was not complied with, they would thrust him from their borders. Committed within South Carolina, how would boil the blood of the Huguenots, which has given its characteristics to that whole State? How would such an indignity be received in the Territories of Oregon or Minnesota? How in the States of Texas or Florida? But towards States which are represented, or Territories whose people are bound by the ties of consanguinity to the people of the States, such an outrage might not with impunity be attempted. The unrestrained valor of this Administration is reserved for an unrepresented people, with no ties of consanguinity with the mass of the people of the United States-"a foreign race speaking a foreign language.' But, Mr. Chairman, this outrage is no less committed in New Mexico than in Virginia, South Carolina, Florida, Texas, Oregon, or Minnesota. The people of New Mexico are citizens of the United States, and stand on soil 32D Cong.....2d Sess. consecrated by the Constitution. In that instrument are made no invidious distinctions of race or language. The rights, privileges, and immunities of the people of New Mexico are as broad and perfect as of the people of any other portion of the Union, and I, their Delegate, claim them for them. When I look back, I remember many things which, at the time of their occurrence, pained, distressed, and wounded me. Mr. Chairman, I have never been able to wring from this Administration one solitary appointment in New Mexico which the people of that country might look upon as given to conciliate or in respect for them. In 1850, when the civil government was organized, I urged the appointment of Mr. Manuel Alvarez, a high-minded, honorable gentleman, as Secretary of the Territory. I urged his appointment, on the ground that he was wellqualified for the office-that he spoke both the Spanish and the English languages-that the people had recently expressed through the ballot-box their confidence in him-and that his appointment would be esteemed by them as an evidence of kindness and of respect for their wishes. Mr. Alvarez was not nominated, but, instead, Mr. Hugh N. Smith. As soon as this was known to me, I earnestly appealed to the Administration to withdraw the nomination of Mr. Smith, and to substitute Mr. Alvarez in his stead. I urged that in the same election in which the people had honored Mr. Alvarez they had condemned Mr. Smith. He had just been defeated before the people, and they must feel that the setting aside of Mr. Alvarez, whom they had honored, to make room for Mr. Smith, whom they had repudiated, as indicative of disregard to their wishes, and was but little calculated to attach them to the United States. Aside from all this, I urged that Mr. Smith was a political agitator, and had addressed to the people of New Mexico a pamphlet calculated to indoctrinate them with fanatical sentiments in regard to the slavery question. All in vain, Mr. Chairman; these appeals were disregarded. When Mr. Smith was rejected by the Senate, I again urged the claims of Mr. Alvarez in vain, sir; in vain. I have never been able to wring from this Administration a solitary appointment of a Mexican, not even for a postmaster. Search the Blue Book, Mr. Chairman. Had I desired to impress the people of New Mexico with the idea that the Government and people of the United States looked upon them with repugnance and contempt, I would have done as this Administration has done. Did I desire to keep the people of New Mexico in a state of uneasiness and alarm, I would not rebuke the officer who neglected to obey my order to "cease all further interference with the civil and political affairs" of the people. This would encourage other military aggressions, Mr. Chairman. Did I desire to drive them to despair, I would recommend that they should be torn from the homes of their fathers. Did I desire to blacken the character of the people of New Mexico, and thereby convince the people of the United States that the territorial accessions made during the Administration of a political adversary were useless or baneful, I could get no stronger testimony than from them, who, for three years, have been the unrestrained adversaries of the people. Easily to be discerned from the acts of this Administration is the object of disfiguring those pages of the history of the country on which are recorded the administration of President Polk. Shining monuments of the glory of the country are the successful prosecution of the war with Mexico, and the grand accessions of territory consummated in that Administration. The treaty of peace and limits between the United States and Mexico provided, among other things, for the appointment of Commissioners to mark the boundary between the two Republics. Well, sir, our Commissioner, with a liberality truly astounding, assents to fixing the initial point on the Rio Grande, above El Paso, at a point so far north as to yield of our Territory a piece of country larger than the State of Massachusetts. Well, sir, Mr. Gray, the surveyor, protests against this proceeding, and refuses to sanction it by his signature. What is then done, sir? Why, the Administration dismiss-who, sir? Mr. Bartlett? No, sir; Mr. Gray. This is not all, Affairs of New Mexico-Mr. Weightman. sir. Colonel James D. Graham refuses to put his Both Colonel Graham and Mr. Gray have de- Besides divulging the confidential instructions of our Government to its own foreign Ministers, there have been betrayed the secret communications which at foreign Courts have been confided to our Ministers. I will draw attention, Mr. Chairman, to but one of these letters, and of that I will read only the first paragraph. It needs no comment: "SIR: The inclosed copy of a confidential dispatch addressed to the Minister of State, by the Conde de la Aleudía, Spanish Minister at London, was handed me to-day by a private friend, and may be depended on as authentic. As the cominunication was made to me in the strictest confidence, and as the document is in itself unsuitable for the press, I take the liberty of transmitting it to you-for the President's information-in the form of a private letter, and request that it may not be placed on the public files of the Department of State." This letter and its inclosure were made public, to blot, to blur, to disfigure, those pages of the history of the country on which are recorded the events of the administration of President Polk. Unrebuked by the people of the country, such betrayals stain the national honor. Mr. Chairman, in his message the President says, speaking of Cuba: "I should regard its incorporation into the Union, at the present time, as fraught with serious peril." Here, sir, we are left to infer that at some future time the President will be in favor of its incorporation into the Union. Let us see when he will be. The President proceeds: "Were this island comparatively destitute of inhabitants, or occupied by a kindred race, I should regard it, if voluntarily ceded by Spain, as a most desirable acquisition. But under existing circumstances, I should look upon its incorporation into the Union as a very hazardous measure. It would bring into the Confederacy a population of a different national stock, speaking a different language, and not likely to harmonize with the other members." If this means anything, it means that the President will be in favor of the annexation of Cuba when its inhabitants, the Spaniards, shall die. Then, sir, will the President be in favor of Cuban annexation, and not till then. In other words, Mr. Chairman, he never will be in favor of it. It is worthy of remark, sir, that the argument about "kindred races," while it cuts off Cuban and all Mexican annexation, favors Canadian annexation. But, sir, the aim of this Administration to disfigure those pages of the country's history on Mr. William Darby, one of the most en statisticians in the country, has eliminate the steady, uniform rate of increase in in the United States, is thirty-three and a per cent. every ten years. Adopting for t ture, what has been constant in the past w at the result that in fifty years our populat exceed one hundred millions of souls! Some time since, desirous of availing ma this gentleman's great experience and ka I addressed him a letter in regard to the ne our territorial increase. To my letter, V. by was kind enough to respond, and tha now lay before the House for its informatio consideration: WASHINGTON, December 12 DEAR SIR: Yours of the 4th instant was dam but I have not had it in my power to give t much desired, a more prompt attention. The de but now proceed to respond, as far as the docume disposal, and the importance of the subject, WID KOM to do it justice, will admit. First. You inquire to know, in round numbes, tent, in square miles, of the territory of the ses the year 1783, the date of our treaty with Englan Secondly. "The extent, as before, in the years date of our treaty with France, acquiring Los Thirdly. "The extent, as before, in 1921, tec ratification of our treaty with Spain, acquiring Pis Fourthly. "The extent, as before, by the a Texas, New Mexico, and California, in 1845 and last would be, with the other acquisitions, the pre of the United States?" You also again require "the rate of increas centum, of national increase of territory," You again, also, finally require "the period which should be adopted, upon which to base the a of increase." Query first. In regard to the boundaries and e square miles of the original territory of the Cap as estimated in conformity to the treaty of 173, N= all other authorities whose works I have read, al works were published soon after the close of the tion, or ratification of the treaty of 1783, gave of the ceded limits, one million of square miles, ut dred and forty millions of acres. Measured by which I have done myself repeatedly, the are so near one million square miles as to justij dhe tion of that number in the case under review, 1 mination of that period of eight years, 1775-17397 the people of the United States have given, and given, the title of "American Revolution." stated, the former colonial inhabitants, with a T pendence, became proprietors of one million of sa of compact domain. But of the whole extent the one tenth part was then (1783) inhabited and man. It is safe to say, also, that not one persen. those who participated in, and survived the s at the date of its successful termination, concerta 22, remote idea of the change it had commenced. the condition of the United Colonists, but to a grand extent on that of all mankind. Of the domain ceded in 1783, not one third pa face presented marks of civilization. The code inhabitants had revolted, and sustained their res umph, were residents, in the far greater part, est the Appalachian mountains. Of the surface me in the bounds expressed in the treaty of 1783, was really distinctly known, that much the great was land of mystery, and had, at the expense of form of war, to be wrested from savages. The great event of the Revolution was, howeve to the world a new sovereignty, in, we might creation, and with other attributes of grandeur a ance, which time has ever since gradually and 73. veloped, but which are yet comparatively in ear The subsequent stages of progress since the cos of the Revolution, have afforded an index for the pall promise for the future. Summing up such ca from data so difficult to reduce to definitive certainty thing must be allowed to the yet defect of data t great extent of the field of operation lessens the e tive value of minute fractions. But we proceed. Your second query: Extent of square miles adde territory of the United States, 1803, by the treaty wa ceding Louisiana. The reply to this query ope view an event second only to that of the Revolution f Under the rather indefinite general name of Let with New Orleans for its capital, the province of La ranged in a northwestwardly direction from the southwardly cape of the now State of Louis02, 5 latitude 29° on the Gulf of Mexico, to latitude Pacific; extending through 20° of latitude, and between the extremes at least 15° of longitude. Me as carefully as its extremely vague and irregular e would admit and demand, Louisiana then embrace lion of square miles, of which surface perhaps celk spread northwestwardly from the Rocky Mountains Pacific ocean. From its position and natural connection. Florida after Louisiana. This now State of the United Sta 53.] 32D CONG.....2D SESS. APPENDIX TO THE CONGRESSIONAL GLOBE. concluding these remarks, we find that the Revolution fendowed the United States with one million of square s, equal to six hundred and forty million acres. The cesof Louisiana, doubled the already immense estate in are miles and acres. New Mexico, California, and Floradd the joint amount of one million four hundred and teen thousand square miles, or nine hundred and four Jon three hundred and twenty thousand acres, presentan almost overwhelming result to the mind. you allow fifty thousand square miles as the mean of tes, the United States territory will admit sixty-eight! he most remarkable fact, perhaps, is the following, which fforded by the history of the United States. The terry has risen to three million four hundred and thirteen asand square miles; gaining, in seventy-seven years, y-four thousand three hundred and twenty five square es annually. In other words, the pro rata of annual inase of territory exceeds the mean extent of the original zle States. ou will have the kindness to excuse the rough writing ha lame hand; and for delay, a sick family. Respectfully, Ion. R. H. WEIGHTMAN. WILLIAM DARBY. The healthy, natural territorial increase of the ited States is 44,325 square miles per annum. State a year, sir. This is the rate of territorial rease in the past; and without "filibustering,' sir, the phantom which afflicts the presidential nd,-if the past is the index of the promise for > future, the area of the United States, in fifty ars, will exceed that of all North America, and th one hundred millions of population, there will but one first-rate nation on the globe, and the ited States that nation. Do you think, Mr. hairman, that this Administration can prevent e increase of this healthy child-nation, either in pulation or territory? I know you do not, sir. The weakness of Rome, as she increased in tent, was caused by her proconsular system. e Sicilians, in the meridian of the Roman powrose in arms, invaded Italy, and threatened me itself. f by alteration of our Constitution, or by any al sanction, the proconsular system should be rafted on our institutions, or if public law and, at is still more powerful with us, public opinion, not restrain its illegal establishment, then are - limits sufficiently extended already; and if the erican people and American Congress will tolte, without legal sanction, the existence of a le proconsulate within our present limits, then ur territory too large already. The contempt of Rome for "foreign races speakforeign languages," caused the establishment her proconsulates, and, as she grew in terri7, her "Extended empire, like expanded gold, Exchanged solid strength for feeble splendor." But, sir, no invidious distinctions of race or quage disfigure our Constitution, and the peoof the United States will permit the establisht of no proconsulates. Our national strength, ed as it is on the love and affection of the people the institutions which secure their liberty and piness, is increased as our limits are extended. thout the proconsular system, with its consent weakness, ours is the progressive policy of ne. Among the Romans there was introduced, Numa, the worship of the god Terminus-the of the frontiers and boundaries-and one of attributes was that he never retreated. He represented, if I mistake not, as legless-he d not retreat. Ve find, also, Mr. Chairman, that Terminus associated with Juventas, the god of youthful r-of progress, sir. As Juventas pushed outd the boundaries, old Terminus took possesof and ever defended them. llow me to say, in conclusion, Mr. Chairman, I have more admiration for Terminus and entas than for the American Mars. The Gardiner Claim, &c.-Mr. Chapman. THE GARDINER CLAIM, &c. SPEECH OF HON. C. CHAPMAN, IN THE HOUSE OF REPRESENTATIVES, On the subject of prosecution of Claims against the Mr. SPEAKER: Having been a member of the I have hitherto, Mr. Speaker, contented myself with giving a silent vote upon all questions in relation to which I have been called to act at all, and had I not been one of the majority of this committee who reported the bill under consideration, I should not now depart from the practice I have hitherto observed. But, sir, agreeing as I do in recommending this bill to the favor of the House, I wish, in a brief manner, to assign the reasons for my own action. I am satisfied, as I trust every member of this tice exists, and is an evil, as I believe it to be-an men who hold office under the General Govern- the one now under consideration was introduced Now, what is the mischief of which complaint 109 HO. OF REPS. men belonging to the different parties of the counry. Among the individuals acting as agents for claims against the Government, some have rendered the service for their constituents without compensation. This is unobjectionable; and the bill is not aimed at them. Others have performed this labor for a certain compensation, which is objectionable. There are others still who have labored for a contingent compensation, which is, in my judgment, more objectionable still. It is not too much to say that their success is sometimes attributable in part, and sometimes in whole, to the official influence which they may bring to bear upon the subject. United States are most unreasonably embarrassed It is matter of complaint that claims against the and deferred, upon one pretext and another; that honest, bona fide creditors are compelled to waste their substance in prosecuting just claims, and that the delay is ultimately equivalent to, if it does not occasion, a defeat. It is insisted that claims represented by office-holders, although of a less equitable character, often receive earlier attention than those which do not have the advantage of such aid. Doubtless they are, in other respects, more favorably regarded. I do not think there is any considerable diversity of opinion in this House in regard to the character of this evil, or the expediency of applying an appropriate remedy. Whether the bill reported by the committee meets the necessities of the case, or whether it may be profitably amended, I leave to the determination of the House. I do not intend, at this time, to examine its details, nor the amendments which have been offered to it by the gentleman from New York, [Mr. HAVEN.] I will say, however, in regard to those amendments, that I have read them cursorily, and they meet my individual approba tion. But I prefer to address myself to the report of from Ohio [Mr. OLDS] upon it. The resolution the committee, and the strictures of the gentleman creating this committee, as originally introduced by the gentleman from Ohio, and as amended by the gentleman from Virginia, [Mr. MEADE,] has been differently construed by different members of that committee. It is, as it stands, a piece of patchwork, rather inartistically put together. The following are the words of the preamble: "Whereas a strong suspicion rests upon the public mind that fraudulent claims have been allowed by the late Mexican Claim Commission, with one of which it is suspected that Thomas Corwin, Secretary of the Treasury, has been improperly connected.” Yet of this Gardiner claim nothing is said in the preamble to the resolution. The resolution, however, directs an investigation into the facts touching the connection of the said Thomas Corwin with the said "Gardiner claim." It was thought expedient by a majority of the committee to investigate somewhat the character of the claim itself. No such instructions were given, and I am by no means certain that the report in this regard is not subject to just criticism. But it was said that this would be an aimless inquiry, if we were to inquire into the connection of Thomas Corwin, the Secretary of the Treasury, with the Gardiner claim,if that claim were an honest, bona fide claim upon the Government, and this certainly was said with a good degree of force. Why, it might be asked, while members of both branches of Congress have been, for a long series of years, concerned in pressing claims upon the Government, why should this occasion be sought to stab the Secretary of the Treasury for doing that which had been done by his fellow-members of the Senate and by members upon all sides of this House? It was then said, and perhaps truly, that the committee ought, in this investigation, to inquire into the honesty, integrity, and validity of that claim. It is due, sir, to Dr. Gardiner, who is to me a stranger, and whose face, so far as I know, I have never seen, to say that this inquiry before the committee, touching the validity of his claim, was for the most part, ex parte. Proceedings had been commenced against that individual in the civil and in the criminal courts of this country, and he seemed unwilling to litigate the question relating to the validity of his claim before us. I think he was right in so doing. Whatever the character of that claim was, I think it was wise in his counsel 32D CONG.....2D SESS. to advise him, if they did, to have nothing to do with the examination of the character of his claim before us. If I had been his counsel, I would have given him the same advice. He denied in his protest, which accompanies the report, that the House had delegated or intended to delegate, any power to the Select Committee to examine into the merits of his claim. It is true that upon one or two occasions his counsel appeared before us, for the purpose of cross-examining two Mexican witnesses on two points. He introduced a single witness in the course of the inquiry, and that witness, a clerk in the State Department, merely for the purpose of authenticating some consular seals, and proving the signature of the Mexican Minister. In every other particular this inquiry was purely ex parte, so far as Dr. Gardiner was concerned. An inquiry thus conducted may have disclosed the whole truth in regard to the merit of this claim, or the committee may have arrived at a very erroneous conclusion. Audi alteram partem, is a pretty good caution to a judge who is about to render a judgment when he has heard but one side. It is well that he forms no opinion until after he has heard both sides of the case. Much of the testimony that was given before us was heard before the committee of the Senate-every particle of it touching the validity of the claim was heard by that committee. The Senate committee, however, seem not to have been satisfied, for they have sent a commission to Mexico to make a personal examination. If no room had been left for doubt, they would not have instituted such an inquiry in such a way. Now, what that examination may disclose remains to be seen. If we can rely upon the evidence given before the House committee-if the Mexican witnesses who testified here are to be believed, rather than those who testified before the Mexican Commission, then this claim was (in the language of the report) a "naked fraud upon the Treasury, and was supported before the Commission by false testimony and forged papers." The question is in a fair way of being adjudicated before a judicial tribunal, where both sides will be heard, and the truth satisfactorily ascertained. The Gardiner Claim, &c-Mr. Chapman. gle paragraph of the report itself. It is in these words: "No testimony has been adduced before the committee proving, or tending to prove, that the Hon. Thomas Corwin had any knowledge that the claim of the said Gardiner was fraudulent, or that false testimony or forged papers had been, or were to be, procured to sustain the same." I have but a very slight acquaintance with the Secretary of the Treasury. He is not my friend, and I have no purposes connected with private friendship to serve by any action of mine in this matter, none on earth but the purposes of truth and justice. Neither am I his foe, and therefore have no personal grudges or private griefs to gratify. Can the gentleman from Ohio [Mr. OLDS] say as much? If I had, I should think it was not the best evidence of high courage to assail the Secretary of the Treasury when and where he had no opportunity to reply. I am, however, constrained to say that I think it would be very high evidence of that "better part of valor," which is discretion, to omit doing so where he could reply, for it has been more than hinted of that distinguished gentleman, that if he would, he could "bite like a serpent, and sting like an adder." I think we degrade our Government and bring reproach upon our institutions, by our wholesale and indiscriminate abuse of our public men. No sooner is a man a candidate for a public station, than those who are opposed to him, politically, and are connected with rival party associations, begin to assail him. This could be tolerated; but when a man is holding a high official station we are quite too apt to follow up this line of attack, and impute to him corrupt motives, because, forsooth, he differs from us upon party questions. It seems to me that it would be well if party feelings would not lead us to overstep the bounds of fair discussion or violate the common courtesies of life. I do not suppose, because an individual in public station differs with me--because he is arrayed upon another side, politically, from me-that therefore I am permitted to impute to him improper motives. My duty rather is, in the absence of evidence, to believe that his motives are as pure as my own. Now, a few words more in regard to the connection of the Hon. Thomas Corwin with the Gardiner claim, and I shall have done. The claim of Doctor Gardiner was presented to the Board of Commissioners on the 30th of November, 1849. I would not be understood, from any remarks which I have made, as expressing a belief that this claim is well grounded. I think there are many suspicious circumstances about it. Wit-The claim was for loss of property in certain sinesses have testified before the House that many of the papers were forged, and swear in good set terms that there is no foundation for this claim of their own knowledge. I will not, upon an ex parte examination of this sort, (especially where the number of witnesses introduced upon another occasion, and before another tribunal, is about equal, and for aught I know equally reliable in regard to the character of this claim,) undertake to say that the Gardiner claim is either well or ill-founded; but I do concur with the committee in the fullest manner, in saying, that so far as the testimony before the House is concerned, it was a naked fraud upon the Treasury, supported by perjury, and sustained by forged papers. But the legitimate business of this committee was to inquire into the connection of the Hon. Thomas Corwin with this claim, and the character of that connection. I had not anticipated such an inquiry, and such a discussion upon the bill itself. I know little of the rules of this House; less of the chances of reaching anything. I did suppose, perhaps, that in the process of time, perhaps while I was a member of this body, this report of the committee would be reached for the action of this House. But I did not suppose that such an illegitimate discussion as this would spring up upon this bill. To that subject, I will address a few considerations. The resolution was an assault upon the Secretary of the Treasury. It was introduced and accompanied by a speech from the gentleman from Ohio, [Mr. OLDs, which, according to my recol lection of it-I have not seen it since-" breathed threatenings and slaughter" to the Secretary of the Treasury. How far what was stated in that speech is supported by what has since been found by the committee, the House will judge. The best commentary upon that attack will be found in a sin ver mines, in consequence of his expulsion from the State of San Luis Potosi, in 1846. On the 12th of March, 1850, the claim was adjudged to be a valid one against Mexico, under the 26th article of the treaty of 1831; but the amount of the claim was not then ascertained, and the mere question of law was determined by the Commissioners according to their custom. It was a proper subject of inquiry, and the amount to be allowed was to be ascertained upon a further examination. If this claim was a valid one, it became the duty of the Government, under the 15th article of the treaty of February, 1848, to pay it. On the 15th of April, 1851, the Board settled the amount to be allowed. They allowed to Doctor Gardiner $321,560, and they allowed to W..W. Corcoran, an assignee of one fourth part of this claim, the sum of $107,187, making in all, for the Gardiner claim, $428,747, and that amount was paid to these parties out of the Treasury. A portion of the money deposited by Doctor Gardiner in other hands is now held by an injunction, prayed out upon application by the United States. The amount thus held is on deposit with Corcoran and Riggs, ($93,000,) which is subject to a letter of credit of £2,000, and another lien of $10,000. There is also enjoined in the hands of a life and trust company in the city of New York, $130,000. These money's were deposited by Dr. Gardiner in the hands of individuals, and are reached by the process which the Government has prayed out. HO. OF REP son) was accredited as our Minister to the ernment. He undertook the prosecution et claim for a compensation of fifteen percen the sum to be allowed by the Commissionen he employed the Secretary of the Treasury a member of the Senate, upon an agreement him five per cent. out of his own fees, wh one-third of Mr. Thompson's fees for pross the claim. Now, whether he was induces one consideration or another to employ M win to assist him in prosecuting that claim to be a matter of little consequence. We was because of the superior intellectual p Mr. Corwin, or the personal influence had been enabled to acquire-whether it v consequence of the station to which he ha tained by his own merit-or whether for ar cause, probably could not be very well a committee of this House, or by the Ha self; nor is it, in my judgment, of any in to inquire. The engagement was made k 1849. In June, 1850, the Mexican Comm as it is called, adjourned to meet again month of November, of the same year. At the time when the Board adjourned i Corwin had acquired an interest in this ch connection with Mr. Robert G. Corwin, bi chase. He was induced to make that by Robert, his relative, and Gardiner foundr sary to make a sale of a portion of his cam meet the expenses of its prosecution. T had then come to no definite conclusion amount to be awarded, and did not do so d month of November in the succeeding year. De the recess of this Commission, Mr. Corra tendered a seat in Mr. Fillmore's Cabine was unwilling to take it while he was intere claims before this Mexican Board. Ge Young, of New York, now deceased, dear he should take a seat in the Cabinet, interpe negotiate a sale, and the sale was negotiate Mr. Corwin's interest in these claims, w first the Gardiner claim, and then thirtyclaims, pending before this Mexican Comm He made sale, through Governor Young these claims, thirty-seven in number, before ceived the appointment of Secretary of the T ury, in the month of July, 1850. He said in good faith, and he sold them uncondit Now, what does the gentleman from OLDS] mean, when he says that the farce? Sir, the sale was an unqualified and ditional one, made anterior to Mr. Corwa ceptance of a position in the Cabine. T sworn to by George Law, sworn to unqu as a bona fide, unconditional sale made by Corwin to him, he being the purchaser, to Mr. Corwin taking his seat in the Cab Speaker, does any gentleman upon this fo to impeach the veracity of George Law? any man here who will volunteer to do the does not, I believe, belong to the same par the Secretary of the Treasury, but accorda political opinions with the gentleman from He swears unequivocally to this purchase. to be believed? Why, sir, one would think with the reputution which he enjoys in th try, he was entitled to credit, unless the some contradictory proof, some evidence somebody that contravened his statement. sir, Mr. Law is fully corroborated by th mony of James S. Thayer, a gentleman cis legal profession in the city of New York, to many of us as a man of integrity and yer of distinction. He, too, swears unequi to this purchase. He says he was one of th dividuals who estimated these claims, unde agreement testified to by the other witnesses he assisted Governor Young to fix the price should be paid by Mr. Law, and which M win should receive. Governor Young died in this investigation was had, and Mr. Corwin not, therefore, avail himself of his testimony Now, the Secretary of the Treasury, Mr. Cor- There is also another witness who was fa win, then a member of the Senate, was employed with this transaction-Robert G. Corwinby General Waddy Thompson, the attorney of swears to the same negotiations, and that be Dr. Gardiner, upon an agreement on the part of ticipated himself in the appraisal of these clas Thompson to pay him five per cent. on his own fees, which fees were to be fifteen per cent. upon the sum allowed. Waddy Thompson was the original counsel for Dr. Gardiner; he became acquainted with him in Mexico, while he (Thomp There are several other witnesses who speak this sale incidentally, having knowledge of the progress of the negotiation. Now, sir, der to sustain the charges against Mr. Corvi becomes necessary to trample upon the testima Mr. Speaker, I feel bound to say, in regard to this claim, as it was presented before the Mexican Board, that I think it was sustained in all its parts in the best possible way by proof, so far as the Board could see, and so far as anybody else could see, who had any connection with it as counsel. The testimony was taken according to law; it was detailed, it was minute, it was circumstantial, and there was much of it. Indeed, sir, one of the all these gentlemen, to convict them all of per7, although they are men of high reputation of unimpeachable integrity. Is this proposed De accomplished by proof? There is nonea particle of evidence, from the beginning to end of the inquiry, that conflicts with the tesony to which I have adverted. Is the testiy to be overcome in any other way than by travening evidence? Why, sir, to denounce individual is easy, exceedingly easy, as gentle-witnesses, who was clerk to the Board, testified here have all very often had occasion to know. , sir, something besides the mere breath of an user, who has no personal knowledge him, and pretends to none in regard to the facts, 1 be required to overthrow the uncontradicted of which has been brought before the commitin regard to this sale. t is true, Mr. Speaker, that the written transof this interest was not made until the month that it excited suspicion in his mind, because it was so well and circumstantially supported. It was of a character, which overcame the previous prejudices and preconceived opinions of Mr. Johnson, as he swears, who was, for a time, clerk of that Board. Much of it was procured after Mr. Corwin's connection with the matter ceased. Now, sir, there is no reasonable pretense, that if the testimony was false, or the papers forged, Mr. Corwin had any knowledge of that fact. The committee found-(and a majority of them were not the political friends of Mr. Corwin, be it re before them proving, or tending to prove, any knowledge on the part of the Secretary of the Treasury, that the claim was not entirely just. And now, Mr. Speaker, what does the gentleman from Ohio mean when he speaks of "a spurious acquittal?" Does he mean to say, that the committee did not arrive at a correct result, in view of the evidence?-that by reason of a want of intelligence or of a want of integrity, they did not come to a right conclusion? A spurious acquittal! We unanimously found, and without a dissentient voice upon the committee, that there was no evidence before us, proving or tending to prove any knowledge on the part of Mr. Corwin of any want of merit in this claim, or of any foul practice in regard to it. November, 1850; but it was made before the exican Board reconvened; and not only that, but money, according to the testimony, was in fact d in dollars before that Board reconvened in No-membered)—that no testimony had been adduced aber. Hence, sir, it is incontrovertibly proved t the Secretary of the Treasury, before he took ce under this Administration, divested himself good faith of all the interest which he had in y of these claims, whether as purchaser or as insel. In regard to the legal right of Mr. Corn, while a member of the Senate, to act as unsel for claims, or to be interested in claims fore a board of commissioners, there can be no ersity of opinion among the members of this ouse. Such has been the uniform practice for a g series of years. Such is the prevailing prace now. I might, then, sir, well inquire, Why s hue and cry at the heels of Mr. Corwin? If, hile a member of the Senate, he has acted as unsel for claimants against the Government, so ve all his fellows. If he has appeared before Supreme Court to prosecute claims against the overnment in a legal inquiry before that tribunal, have his fellows. If he has appeared before a ard of commissioners to prosecute claims, such s been the practice of those who have acted in e Senate with him. Then why this hue and cry out him? The gentleman from Ohio [Mr. OLDS] mplains of "hired letter-writers" and "paid egraphers" who have undertaken to give a direcon to public sentiment upon this subject in favor the Secretary of the Treasury. If it is matter complaint that, after the attacks of the gentlean from Ohio upon the Secretary, telegraphers d letter-writers have informed the world how e investigation terminated, what should be said the pack that has been unkenneled upon the ecretary, and given tongue upon his trail for a eries of years. Their business has been to assail m "in season and out of season," and now that e facts are ascertained, the country can judge of eir motives and their success. || Now, Mr. Speaker, it is due to the committee, as well as to the Secretary of the Treasury, to say, that all the witnesses who speak at all upon the subject, testify that Mr. Corwin, ever after he made that sale in July up to the time when this case was decided by this Mexican Commission, uniformly, on all occasions, refused to consult with the parties or the counsel in regard to these claims in any way or manner. He refused to give the least advice as to the mode of proceeding, or to have any more to do with them than an utter stranger. Again: It is due to Mr. Corwin to advert to a fact as testified to by the attorney of this District, that in endeavoring to detect and expose the supposed fraud connected with this claim, after there came to be a clamor about it, no man was more diligent, no man was more active, no man was more energetic than the Secretary of the Treasury, doing his whole duty, and doing it with all his strength, and with all his heart, in good faith, as an honest man and a conscientious officer of the Government. He sought by all the means in his power to restrain these moneys, and to hold on to them wherever they could be found until this whole subject could be investigated. Sir, I think that something is due to the Secre of this House evidential of its confidence in his purity, and in his fidelity in endeavoring to detect this fraud and bring the offender to punishment. But what have we in the House of Representatives, or what has a committee of this House, to do with the conduct of a Senator, or what has the Senate to do with a member of this body? If the propriety of the conduct of a member of either body were to be discussed by the other from day to day, there would not be business enough for both branches; but the warfare would be a fruitless and unprofitable one, in which no laurels would be won. I understood the gentleman from Ohio to say at me time that there had been no sale by Mr. Corin-that the whole thing was a farce; and at anther time, I understood him to say that Governor oung was the real purchaser, and that George aw was a man of straw; or, to use his own lan-tary of the Treasury-some action upon the part uage, was made to act the dummy on that occaion. Well, Mr. Law swears that he purchased he claim, and he swears that he paid for it with own money. Does the gentleman mean that ah man who makes his own purchase, and pays his wn money, according to his agreement, is a dummy?" If he is, he certainly sets a good examle. But, suppose Governor Young was really to ave the benefit of this purchase, of which there is o pretense of proof, what then, and who would have a right to complain? The time has gone by when it will answer any good purpose to abuse Governor Young. While he was living, he might have been affected, like other men, by such attacks; Out I believe he is now beyond the reach of any man's venom. He lived honored and died lamented. Whether he was the purchaser or not, I do not know, nor is it important to inquire. The sole inquiry for us is, Was Mr. Corwin interested, while he was Secretary of the Treasury, in these claims? If he was not, why, then, there is an end of the inquiry, and there ought to be an end of the abuse. Mr. Law swears distinctly and unequivocally that he was the purchaser of the claim, and that he paid the money. It has been customary to take some liberties with the Executive in these discussions, and that has been often done, without any great regard to delicacy; but I presume the friends of the Secretary of the Treasury would interpose no objection to a full examination into his conduct while he has occupied his present elevated official position. So far, then, as Mr. Corwin is concerned as Secretary of the Treasury, if there is any faith to be put in the testimony of highly-respectable witnesses, whose testimony is wholly uncontradicted, he went into that Department wholly divested of || Ho. OF RERS. every and all interest in what are called the Mexican claims. He was so exceedingly sensitive in this matter, and so scrupulously careful, that, as one of the witnesses testifies, he remarked to him, that unless the money was paid into his hands before that Board reconvened, he would throw his Mexican claims into the Potomac or resign his seat in the Cabinet. He would not be in such a condition that an enemy could impute any wrong to him. I Now, Mr. Speaker, I have said all that, as a member of the committee, I feel it my duty to say at this time. It matters not to me to what party the Secretary of the Treasury belongs; I would interpose nothing to shield him if he was wrong, while I would protect him, as I would a man of any other political party, if he was right. think the testimony which has been taken by this committee, and reported by them to this House, shows in the clearest and most satisfactory manner, that whatever he did while a member of the Senate, was done in pursuance of a very generally prevailing custom, which has not heretofore been found fault with by the members of any party; that so far as his action since he has been Secretary of the Treasury is concerned, he has done nothing that is blameworthy; that as to these claims which were presented to this Mexican Commission, he had divested himself of every kind of interest before he accepted a seat in the Cabinet, and that since that time he has had no connection with them nor consultation about them. It is time that the calumnious clamor against him should Mr. SPEAKER: I had not expected to address the House this morning. I would have preferred submitting my remarks after hearing from the other. side, or at any rate after hearing from another member of the committee, who I understand intends to present his views on this subject, and differing perhaps from those just presented by the honorable gentleman from Connecticut, [Mr. CHAPMAN.] But this being as convenient a time as will probably occur to me, I shall proceed now. Mr. Speaker, I feel it to be my duty-representing as I do a portion of the people represented for a long time in Congress by Mr. Corwin, with great acceptability to them, and distinguished credit to him-to participate in this discussion. I do not propose to enter upon the merits of the bill now before the House. I have not found it necessary for my present purpose, to look into it with any degree of care. I shall examine it before I am called on to vote upon it, and if upon examination I think it necessary or useful, towards preserving the purity of the Government, or the purity of the action of the two Houses of Congress, I shall support it by my vote. I have for a long time looked upon Mr. Corwin as one of our most prominent men; distinguished alike for his high intellectual endowments and the purity of his moral character. He has ever been a favorite in Ohio, and when I use that word, I mean a favorite with the people of the State generally-with Whigs and Democrats. In that part of the State in which I am best acquainted, I may safely say, that the high estimate of his character is not confined to any party, but that he holds an exalted place in the affections of the people of all parties. In early life Mr. Corwin was comparatively poor, and had to struggle with the disadvantages incident to our then wilderness country; but by his talents and energy he has risen to his present position. He has, unaided, and with but few advantages, risen from the humbler walks of life to what we consider one of the highest positions, morally and intellectually, as well as politically, that any gentleman occupies in the country. I do not pretend to an extensive acquaintance with distinguished men, and have not that high appre |