FEB. 11, 1828.]

Militia Courts Martial. •

{H. or R.

been precluded from giving any opinion. It was then
the wish of the gentlemen that the facts should go forth
to the people without any commentary. Now, the same
gentlemen seem to fear lest the people should have the
facts without a commentary. It is intended to insinuate
that the people have so little knowledge that they would
presented to them by themselves. He was astonished to
not be able to understand the documents if they were
hear such a doctrine asserted. He did not know with
what kind of people the gentleman from South Carolina
was acquainted; but those of the people with whom he
was himself acquainted, he could assure the gentleman,
want no glossary nor commentary to serve as a guide to
their understandings. This mode of accompanying the
documents with a glossary might have a
effect from keeping the people from committing errors
very different
of opinion.

He asked what friend there was of Gen'l Jackson who

that they should be referred to the Committee on Military Affairs, and be printed. He thought, under this order, it was competent for the committee to determine whether, under the reference, they would consider the documents, either before or after they were printed, and if the order of the House was satisfied by the printing of the documents, that it was a question exclusively of convenience with the committee, when such considerations should be made. He did not think that the printer was entitled to any priority as to the possession of the documents. Mr. H. said that the argument of the gentleman from New York [Mr. STORRS] went to prove, he thought, conclusively, that the report, in its publication, ought not to be separated from the documents. If there were any errors in the report, which the documents would correct, they would, by this arrangement, be in a tangible shape to furnish such correction. But he would not conceal a fact which the report discloses, that from the classification of the letters in the correspondence between would come forward and say that the naked truth shall Governor Blount and the Secretary of War, the natural not go forth until his friends had prepared a commentary priority of the dates of the respective letters had not to accompany it? He was astonished that any gentleman been preserved; that the letters had been numbered could advance the doctrine here, that papers must, of by the Department in such a manner that that which necessity, go to the world with a commentary and argu. ought to have been first, was sixth, in the series.- ment to teach his fellow-citizens how to understand the This letter might well be called the leading communica- record. He prayed that members of the House, who tion in the correspondence; and, what was very material, who had been nearly a fortnight waiting for these papers would show the circumstances under which the Secretary to be printed might have the privilege of having these of War had written his letter of the 3d of January, 1814. documents before them. He admitted that the argument It was to prevent any misapprehension growing out of a of the committee was ingenious— confusion of dates, that the committee had arranged the correspondence in a series prescribed by the natural order of time itself. If this order will subserve the purposes of truth and justice, he presumed that no man on that floor would be opposed to it, as he could not believe there was one who did desire that truth and justice should be perverted.

Mr. DRAYTON moved to amend the resolution, by adding these words:

"And that the documents heretofore ordered to be printed, shall, when printed, be appended to said report, in the order in which they have been arranged by the

committee."

Mr. HAMILTON accepted the amendment as a modification of the resolution.

Mr. BURGES said, that, by way of apology that the order of the House had not been complied with, it had been said that it was one of the high privileges of Congress, to say when and how documents are to be printed. He denied that. He denied that when the House had said certain papers are to be printed, a committee, or a member of a committee, may put them in their pockets, and prevent them from being printed. If such a doctrine were to prevail, a committee might put documents in their pockets, and keep them there until the end of the session. The mode of printing had been indicated by the order of the House. This is not merely a conflict between the privileges of a committee and of the printer. What had the printer to do with it beyond putting it into type, that which was before the House is chirography? Why then should it be stated that this is a conflict between the privileges of a committee and the printer? With all due deference, the House had a right to examine the documents at the same time as the committee. He knew not why the committee had claimed the privilege of giving their opinions, when they were not asked for. When documents were ordered to be printed, it was not the usual way to retain them from the clerk, so that he could have no opportunity-should not be able to send them to the printer-but they had been uniformly sent to the clerk, and from him to the printer. It was now perfectly clear that it was the object of the committee that the people should not have the documents without a glossary to accompany them. The Secretary of War had VOL. IV.-94

Island, that it was not in order to discuss the merits of
The SPEAKER reminded the gentleman from Rhode
the report on a question to print.

merits. He would say the report had no merits. He
Mr. BURGES said, he was not about to go into the
wished to have the testimony without the commentary;
should be complied with.
and he prayed that the order already made by the House

House was made to refer the documents and print them,
The SPEAKER stated, that when the order of the
he had submitted the papers to the Chairman of the
Committee, a course which he thought perfectly proper.

last session, as to the documents connected with the dis-
Mr. DRAYTON referred to the course pursued at the
motion was then made, by the Chairman of the Commit-
pute between the U. States and the State of Georgia. A
tee, that all the documents should be appended to the
report of the committee, and they were so appended.
The committee, of which he was a member, had, in the
course of their investigation, found it necessary to exam-
ine a mass of documents, some of which were only to be
obtained from the Indian Department, and all these were
appended to their report. There was nothing novel,
therefore, in this proposition. Similar cases have been
before the House; and the course pursued in relation to
them, is such as is now suggested with respect to these
documents.

man from New York, seemed to him to be one, not only Mr. POLK said, that the motion made by the gentleof an unusual, but of an extraordinary character. The gentleman proposes to separate the report of the Committee on Military Affairs, from the documents on which that report is founded. Both the gentleman from New York, and the gentleman from Rhode Island, insist that this report, and these documents, shall be detached from each other, and that when printed, the one shall not be appended to the other; but that they shall be separated, and be printed separately. He would ask, why these documents were referred to the Committee on Military Affairs? For what purpose was this reference made? Certainly that the committee should report to the House, the facts in a succinct form. These documents were voluminous, and it would be laborious, if not impracticable, for gentlemen here, or for the public, to examine them individually,

in detail, constituting, as they do, a compound mass of papers. They were referred then, for what? That the Committee might lay before the House the facts, and the facts alone, in a succinct form, and not for the purpose, as had been insinuated, by the gentleman from Rhode Island, of accompanying them with a glossary or

commentary.

[FEB. 11, 1828.

same order of the House then disposed of the whole. What is the case here? The House has ordered the printing a fortnight ago: and he challenged gentlemen to show any case in which, when such order had been made, it had been prevented from going into effect by the intervention either of Clerk or committee. The printing of documents had frequently been delayed, but that delay has arisen from the circumstance of the printer being previously engaged in executing the previous orders of the House. When these documents came from the De

The SPEAKER here announced that the hour appropriated by the rule, to motions and resolutions, had expired. Mr. HAMILTON then moved to postpone the orders of the day, for the purpose of proceeding on the resolu-partment, and the House ordered the printing, gentletion-ayes 104.

Mr. POLK then resumed. So far as he was concerned, his only object had been, since the gentleman from Ohio had made the call for these documents, to procure the whole of the facts, that they might go to the public. He could not conceive why the report of the Committee, made on the very matter referred to them, should be separated from the evidence on which that report was founded. He repelled the insinuation made by the gentleman from Rhode Island, that there was any desire or intention to give to the people a glossary to the documents, or a commentary upon them, to justify the distinguished individual to whom they relate. He might ask, if he were disposed to recriminate, (which he would not do,) why this great sensitiveness, this desire to separate from the documents a report (not a commentary-not a glossary,) of one of the Standing Committees of the House? The people ought to have laid before them a concise summary, so that they might see the whole subject at one view, and not be presented with a voluminous, confused mass of documents, deranged as to dates, and difficult to be comprehended. This will be effected by the report. The documents will be appended to it, and can be examined by every individual for himself. The report did not alter or change the documents in a single letter, but simply summed up the facts together, with due reference to dates, so as to enable every man, with more facility, and less labor, to understand them. As to precedents he apprehended that many cases could be cited. Indeed he considered it the usual and proper course. The case of the Georgia question, as it had been called, had already been cited. He would cite the case of the Vice President, which was before the House, at the last session of Congress. In that case the documents were appended to the report of the Committee, and they were printed together. Where, then, was the objection to the adoption of a similar course, in this instance? If it was intended to send forth the information to the people, in a clear view, and not to cloud and obscure it, by transposing dates, and the voluminous nature of the documents themselves, he could not see why this objection was made, which, he would repeat, appeared to him, in every light, to be most extraordinary.

Mr. WHITTLESEY said it had been remarked by the gentleman from South Carolina, that there was a strong analogy between this case and the Georgia report. It would be recollected, by those gentlemen who were then here, that the documents relative to that affair were referred to the Committee of the Whole on the state of the Union. A few mornings afterwards, a resolution was offered relative to the expediency of purchasing the lands of the Creek India ns, which was referred to the same Committee. A communication from the President on the subject of this controversy was received, and a motion was made to refer that to the same Committee. It did not, however, take that course, but went to a Select Committee. The order of the House to print the documents was then carried into effect. The Committee sent to the War Department for documents, but there was no order for publishing them when they were obtain ed. Such was the fact in the other case. There was no order to print until the report was made; and the

men were very anxious that no opinion of the Secretary of War should be obtained. They then wanted the facts only, without any comments; and the resolution was so framed, that nothing but matter of fact was asked for. They said that no legislation could grow out of the resolu tion; they were willing to have the facts, but they would have the facts only; the facts, the whole facts, and nothing but the facts are here; and he would ask gentleman if they were not willing that these facts should go to the world without commentary. After stating that all they wanted were the facts, and now that the facts are here, it is deemed improper and inexpedient that they should go to the people without commentary. He saw nothing in the analogies which had been quoted and relied on to justify this departure from the practice of the House.

Mr. WEEMS said, this seemed to him, to use the mildest term possible, the most extraordinary opposition he had ever yet witnessed; an opposition to what certainly appeared to him, a very common, every day proposition. What is it, Sir? Nothing more than a simple proposition to print a report of an honorable standing committee of this House, together with the documents that had been previously referred by the House to that committee, and upon which that report was predicated, and so arranged as to dates, as to render them easily and readily to be un derstood, by all who may read them. And is it not, Sir, the universal usage of this House to refer every subject introduced here, to that particular committee, which has charge of such matter, or to a special committee, whose report, with the documents and vouchers, &c. when of sufficient importance, are ordered to be printed? And why, Sir? That the House may, thereafter, be enabled to take up the subject, and at once act upon it, as we do nine times out of ten, without much further inquiry; depending, as we are compelled, by way of getting through the business of Congress, upon the wisdom, justice, and impartiality of our committees. Sir, when the resolution, calling for the papers, and orders &c. preparatory to the investigation of this great matter, was first introduced, I had the honor of taking a part in the then debate. I well recollect to have tendered the honorable mover of the resolution, from Ohio, [Mr. SLOANE] my thanks, for having introduced the subject. I disagreed with some of my friends, and voted against stopping the inquiry, for rea sons then assigned, viz : That the nation wanted information on the subject; that I wanted myself all that could be come at; being well convinced, from what I know of that great and good man, (Gen. Andrew Jackson,) whom it was intended to affect, that he would come out, like fine gold, seven times refined-more pure, the oftener his conduct or patriotism should be scrutinized.

Sir, it seems I was not mistaken; the report, when tested by the evidence produced by his enemies, and now asked to be published with the report, proves that I was not mistaken. And why, let me ask, is an attempt now made to withhold the proof? Is it just? Is it fair? Is it honorable?

But it is pretended that as the order for printing the documents passed some days before the report was made, they ought not now to be printed together! Sir, the or ders to refer the documents to the Committee on Military Affairs, and to be printed, were simultaneous, as the

FEB. 11, 1828.1

Militia Courts Martial.

[H. OF R.

journal of that day's proceedings will show to the nation. dents in the practice of the House for his guide on the The committee, therefore, had a right to take them from present question. If he did so, he could find enough for the Clerk's desk, and at once, as they have done, enter his justification, but there was something in this case sufupon the examination. The importance of the subject, ficient to make a precedent, which he would presently certainly merited it, and the committee deserve the show. It should be observed, that these documents were commendation of this House, as they will still more cer- laid before the House ten days ago; referred to the tainly receive it from the people, for having so soon, and Committee on Military Affairs, and ordered to be printso justly relieved their suspense. I am unwilling, Sir, ed. They could not be in the hands of the committee to judge harshly at any time; neither will I; but surely and of the printer at the same time, and the only questhere must be a snake in the grass here, a viper some- tion was, whether the committee or the printer should where. But it will not all do, Sr; the good sense of the first have the papers. There could be little difficulty in people will enable them to see clearly what is attempted deciding which the House ought most to depend upon, to be concealed; they are honest themselves, and will, its own responsible committee, or the printer. Does in their strength, award what is just to every one; and not the House well know, that its documents are not when the day of requital shall arrive, those who would printed in the order of time in which they are sent to the selfishly deceive them, whether here or elsewhere, will printer? The printers often exercise their own discre discover, if for the first time, that honesty would have tion on this subject, and many documents are not printbeen the best policy. Sir, this opposition is attempted ed for several weeks after others subsequently ordered. to be justified, by a fear of impugning the honorable Se- Now, it is very remarkable, that so much sensibility cretary of War, should the documents be published, ac- should be excited by the circumstance of a Standing Com. cording to the collocation of placing of them, (as to the mittee of the House retaining in their hands, for a few dates,) as referred to by the report: that is, to have the days, a voluminous document, when the printer exercises letters, &c. printed, agreeably to their dates, to follow the privilege of doing the same thing at his pleasure. after; and as they really are in answer to each other, there- But there is something more in this case, which Mr. I. by rendered clear and easy to be understood, by every said, he rose to refute. The committee have informed us one who reads them. And should it not be so? How can in their report, that the correspondence as arranged this possibly be considered an objection, at least of any when it came to the House, is calculated to mislead the merited force? Sir, I have as high a respect for the hon-public mind; that a letter which speaks of a three months' o able Secretary of War, as any member of this House draft from the order in which it has been placed, would ought to have, and would be one of the last men in it, to seem to refer to the draft of Pipkin's regiment, to which it injure him or any one else, in character or feeling; but has no relation. Mr. I. said, the object of the motion of I must be allowed to be equally interested to see justice the Chairman of the Military Committee, was to print this done to others. If, then, some of the clerks in his De- correspondence in its proper and natural order; the propartment, who have no doubt been ordered to transcribe position was so reasonable and just, that he could not imthose letters, have done so as they actually (perhaps)agine an objection to it. It has been ascertained, that this stand recorded in letter books; first, the letters (all of correspondence has been shuffled up and so deranged as them) from the Department to the several individuals, to give an improper coloring to the transaction. Will this and next the letters from the individuals to the Depart-House sanction such a procedure? The amendment proment-I say, Sir, said Mr. W., if those letters have been posed by the gentleman from New York, [Mr. STORRS,] so transcribe, and ad Iressed by the honorable Secretary will, if adopted, leave the correspondence to be publishto the honorable Speaker of this House, perhaps withouted as it came to us, thus shuffled up at the War Depart examination-1 mean that sort of examination that would ment. Mr. I. said he could not believe that the Head of cause him to see the difficulties it might create in coming at the proper understanding of the subject-at least with the greatest part of our community, will it, can it impugn him, for the House to correct that evil, or order it so done, only by a transposition of the letters, as to dates, for the proper understanding of them in the print-amendment, and that, whatever may have been the ob ing? Surely not, Sir. It is not expected that the head of a Department can have time to spare, sufficient to get through all such drudgery. He must trust a great deal to old and well tried, and, as he believes, faithful officers; and much, very much, must pass through his hands, without his being able to read the one-tenth. Here, then, there need be no opposition. But, were it otherwise, Sir, Mr. WHIPPLE spoke to order. What evidence was are we to blast, or rather to see attempts made by others there before the House, that the cards had been stocked. to blast one individual, and that for ever, and unjustly, The SPEAKER said that the gentleman from New rather than mortify another in a small matter indeed, com- Hampshire had misunderstood the gentleman from Pennparatively? Surely not, Sir. Justice is due, rigid, strict jus-vania, and that the latter was in order. tice to every man, Surely, then, we shall not be found to Mr. WHIPPLE said there was no evidence before the deny it to Jackson, who has done so much for his coun- House that those documents had been shuffled up by any try. I do therefore hope, Sir, the resolution of the hon-person, either in the House, or out of it; the documents orable gentleman from South Carolina, [Mr. HAMILTON] not being in the possession of the House to enable it to to print the report and the documents together, may, and decide if the fact was so or not. The matter is not bewill pass; unless indeed, Sir, it would produce unanimity fore the House. to order 6000 copies of each to be printed, and laid on our tables, at the same time. We could then, ourselves, tack them together, or not, as we pleased; and if it would be in order, I would now make that motion. But I presume it is not.

The SPEAKER said such a motion would be not now in order.

that Department had done it : but it had been done by some body, perhaps some underworker, but no matter by whom; it is due to ourselves and to truth, to place the documents in their proper order before the public. He trusted, therefore, that the House would reject the ject of this derangement of the documents, we would not lend our aid to their transaction, and whatever may have been the practice heretofore, in relation to printing, this case contained within itself a full justification for making the special order proposed by the Committee on Military Affairs.

Mr. INGHAM (being pronounced in order by the SPEAKER) said he had but little more to say. If the gentleman had attended to the reading of the report, he would have seen that the matter was brought regularly under the notice of the House, in that report.

Mr. WHIPPLE said he should vote for the amendment. He had no feeling on the subject. He had no Mr. INGHAM said, he would not look into any prece. idea of prejudicing the cause of the individual to whom

Mr. HAMILTON remarked that the gentleman from Ohio, [Mr. WRIGHT] was right in his argument, but What is the true, the intrinsic nature of the question wrong in his data; because the numbering to which he now before the House? It is simply this: Shall the do-referred, had not been made by the Secretary, but by cuments be printed with, or without, the report of the the Committee, who agreed with him [Mr. WRIGHT] as committee? What possible difficulty can arise in answer to the proper arrangement of the documents, ing this question? No gentleman has objected to printing the report. Whether the documents shall be at tached to the report or not, both will be read by the People of the United States. Then, why detach them from each other? Let them go together. The question, however, is one of so trifling a character, that I should vote in the negative, rather than be instrumental in producing another protracted party debate.