Mr. HARRISON accompanied his motion with the following observations:

The public papers have announced an event which is well calculated to excite the sympathy of every American bosom! Kosciusko, the martyr of liberty, is no more! We are informed that he died at Soleure, in France, some time in Oc- | tober last.

(JANUARY, 1818.

Resolved, That a committee be appointed, jointly | could, or indeed what ought, to be done for his with such committee as may be appointed on the part own. But in the Revolutionary war he drank of the Senate, to consider and report what measures deeply of the principles which produced it. In it may be proper to adopt to manifest the public re- his conversations with the intelligent men of spect for the memory of General Thaddeus Koscius- our country, he acquired new views of the sciko, formerly an officer in the service of the United States, and the uniform and distinguished friend of had seen, too, that to be free it was only necesence of government and the rights of man. He liberty and the rights of man. sary that a nation should will it, and to be happy it was only necessary that a nation should be free. And was it not possible to procure these blessings for Poland? For Poland, the country of his birth, which had a claim to all his efforts, to all his services? That unhappy nation groaned under a complication of evils which has scarcely a parallel in history. The mass of the people were the abject slaves of the nobles; the nobles, torn into factions, were alternately the instruments and the victims of their powerful and ambitious neighbors. By intrigue, corrup tion, and force, some of its fairest provinces had been separated from the Republic, and the people, like beasts, transferred to foreign despots, who were again watching for a favorable moment for a second dismemberment. To regenerate a people thus debased—to obtain for a country thus circumstanced the blessings of liberty and independence, was a work of as much difficulty as danger. But, to a mind like Kosciusko's, the difficulty and danger of an enterprise served as stimulants to undertake it.

In tracing the events of this great man's life, we find in him that consistency of conduct which is the more to be admired as it is so rarely to be met with. He was not at one time the friend of mankind, and at another the instrument of their oppression;-but he preserved throughout his whole career those noble principles which distinguished him in its commencement-which influenced him at an early period of his life to leave his country and his friends, and in another hemisphere to fight for the rights of humanity.

Kosciusko was born and educated in Poland, of a noble and distinguished family-a country where the distinctions in society are perhaps carried to greater lengths than in any other. The annals of these times give us no detailed His Creator had, however, endowed him with account of the progress of Kosciusko in accoma soul capable of rising above the narrow pre-plishing his great work, from the period of his judices of a caste, and breaking the shackles which a vicious education had imposed on his mind.

When very young, he was informed by the voice of fame that the standard of liberty had been erected in America-that an insulted and oppressed people had determined to be free, or perish in the attempt. His ardent and generous mind caught, with enthusiasm, the holy flame, and from that moment he became the devoted soldier of liberty.

return from America to the adoption of the new constitution of Poland, in 1791. This interval, however, of apparent inaction, was most usefully employed to illumine the mental darkness which enveloped his countrymen. To stimulate the ignorant and bigoted peasantry with the hope of future emancipation to teach a proud but gallant nobility that true glory is only to be found in the paths of duty and patriotism-interests the most opposed, prejudices the most stubborn, and habits the most inveterate, were His rank in the American army afforded him reconciled, dissipated, and broken, by the asno opportunity greatly to distinguish himself. cendency of his virtues and example. The storm But he was remarked, throughout his service, which he had foreseen, and for which he had for all the qualities which adorn the human been preparing, at length burst upon Poland. character. His heroic valor in the field could A feeble and unpopular Government bent before only be equalled by his moderation and affa- its fury, and submitted itself to the Russian yoke bility in the walks of private life. He was of the invader. But the nation disdained to folidolized by the soldiers for his bravery, and below its example; in their extremity every eye loved and respected by the officers for the good-was turned on the hero who had already fought ness of his heart, and the great qualities of his their battles the sage who had enlightened them, and the patriot who had set the example Contributing greatly, by his exertions, to of personal sacrifices to accomplish the emanci the establishment of the independence of Amer-pation of the people. ica, he might have remained, and shared the blessings it dispensed, under the protection of a chief who loved and honored him, and in the bosom of a grateful and affectionate people.

mind.

Kosciusko had, however, other views. It is not known that, until the period I am speaking of, he had formed any distinct idea of what

Kosciusko was unanimously appointed Generalissimo of Poland, with unlimited powers, until the enemy should be driven from the country. On his virtue the nation reposed with the utmost confidence; and it is some consolation to reflect, amidst the general depravity of mankind, that two instances, in the same age, have occurred where powers of this kind were em

JANUARY, 1818.]

General Kosciusko.

[H. OF R.

ployed solely for the purposes for which they | object of her fears. Her more generous son were given. restored him to liberty. The remainder of his life has been spent in virtuous retirement. Whilst in this situation in France, an anecdote is related of him which strongly illustrates the command which his virtues and his services had obtained over the minds of his countrymen.

It is not my intention, sir, to follow the Polish chief throughout the career of victory which, for a considerable time, crowned his efforts. Guided by his talents, and led by his valor, his undisciplined, illy-armed militia_charged with effect the veteran Russian and Prussian; the mailed cuirassiers of the great Frederick, for the first time, broke and fled before the lighter and appropriate cavalry of Poland. Hope filled the breasts of the patriots. After a long night, the dawn of an apparently glorious day broke pon Poland. But, to the discerning eye of Kosciusko, the light which it shed was of that sickly and portentous appearance, indicating a storm more dreadful than that which he had resisted.

He prepared to meet it with firmness, but with means entirely inadequate. To the advantages of numbers, of tactics, of discipline, and inexhaustible resources, the combined despots had secured a faction in the heart of Poland. And, if that country can boast of a WASHINGTON, it is disgraced also by giving birth to a second Arnold. The day at length came which was to decide the fate of a nation and a hero. Heaven, for wise purposes, determined that it should be the last of Polish liberty. It was decided, indeed, before the battle commenced. The traitor Poniski, who covered with a detachment the advance of the Polish army, abandoned his position to the enemy and re

treated.

Kosciusko was astonished, but not dismayed. The disposition of his army would have done honor to Hannibal. The succeeding conflict was terrible. When the talents of the General could no longer direct the mingled mass of combatants, the arm of the warrior was brought to the aid of his soldiers. He performed prodigies of valor. The fabled prowess of Ajax, in defending the Grecian ships, was realized by the Polish hero. Nor was he badly seconded by his troops. As long as his voice could guide, or his example fired their valor, they were irresistible. In this unequal contest Kosciusko was long seen, and finally lost to their

view.

"Hope for a season bade the world farewell, And Freedom shriek'd when Kosciusko fell."

In the late invasion of France, some Polish regiments in the service of Russia passed through the village in which he lived. Some pillaging of the inhabitants brought Kosciusko from his cottage. "When I was a Polish soldier," said he, addressing the plunderers, "the property of the peaceful citizen was respected." "And who art thou," said an officer, "who addresses us with this tone of authority?" "I am Kosciusko!" There was magic in the word. It ran from corps to corps. The march was suspended. They gathered round him, and gazed, with astonishment and awe, upon the mighty ruin he presented. "Could it indeed be their hero," whose fame was identified with that of their country? A thousand interesting reflections burst upon their minds; they remembered his patriotism, his devotion to liberty, his triumphs, and his glorious fall. Their iron hearts were softened, and the tear of sensibility trickled down their weather-beaten faces. We can easily conceive, sir, what would be the feelings of the hero himself in such a scene. His great heart must have heaved with emotion, to find himself once more surrounded by the companions of his glory; and that he would have been upon the point of saying to them—

"Behold your General! come once more
To lead you on to laurel'd victory,
To fame, to freedom."

The delusion could have lasted but for a moment. He was himself, alas! a miserable cripple; and, for them! they were no longer the soldiers of liberty, but the instruments of ambition and tyranny. Overwhelmed with grief at the reflection, he would retire to his cottage, to mourn afresh over the miseries of his country.

Such was the man, sir, for whose memory I ask from an American Congress a slight tribute of respect. Not, sir, to perpetuate his famebut our gratitude. His fame will last as long as liberty remains upon the earth; as long as a voHe fell covered with wounds, but still sur-tary offers incense upon her altar, the name of vived. A Cossack would have pierced his breast, when an officer interposed. "Suffer him to execute his purpose," said the bleeding hero; I am the devoted soldier of my country, and will not survive its liberties." name of Kosciusko struck to the heart of the Tartar, like that of Marius upon the Cimbrian warrior. The uplifted weapon dropped from his hand.

The

Kosciusko was conveyed to the dungeons of Petersburg; and, to the eternal disgrace of the Empress Catharine, she made him the object of ber vengeance, when he could be no longer the

Kosciusko will be invoked. And if, by the common consent of the world, a temple shall be erected to those who have rendered most service to mankind, if the statue of our great countryman shall occupy the place of the "Most Worthy," that of Kosciusko will be found by his side, and the wreath of laurel will be entwined with the palm of virtue to adorn his

brow.

WEDNESDAY, January 21.

Another member, to wit, from Massachu

H. OF R.]

Indian Affairs.

[JANUARY, 1818.

setts, THOMAS RICE, appeared, produced his cre- thus appropriated, $290,000 have been drawn from dentials, and took his seat.

THURSDAY, January 22.

The resolution from the Senate, directing "the publication and distribution of the journal, and proceedings of the convention which formed the present Constitution of the United States," was read twice, and committed to the committee appointed by this House on the 7th instant, upon that subject.

General Kosciusko.

Mr. HARRISON, of Ohio, having withdrawn the resolution he offered for consideration yesterday, to which he understood there was considerable objection, on the ground of its being in a joint form, moved, in lieu thereof, a resolve to the following effect, with a view to expressing the sense of this House alone on the subject:

the Treasury, and actively employed under direction
of the Superintendent of Indian Supplies. Under the
various laws enacted for the support and encourage
ment of Indian trade, eight factories or trading posts
have been established at the following points:
1. Fort Mitchell, Georgia.

2. Chickasaw Bluffs, Mississippi Territory.
3. Fort Confederation, on the Tombigbee river.
4. Fort Osage, on the Missouri river, near the
mouth of the Osage.

5. Prairie du Chien, on the Mississippi, near the mouth of the Wisconsin river.

6. Ordered to Sulphur Fork, on Red river, formerly at Natchitoches.

7. Green Bay, on the Green Bay of Lake Michigan, Illinois Territory.

8. Chicago, Lake Michigan.

The committee deem it unnecessary to present a

detailed view of the profits and loss of each particu lar agency, and submit, in relation to the general establishment, that it has been a losing institution, owing, it is presumable, to adventitious circumstanResolved, That this House, entertaining the high-ces, originating in our late belligerent state, and not est respect for the memory of General Kosciusko, his services, &c., the members thereof will testify the same by wearing crape on the left arm for one mouth.

After some debate, in which this motion was supported by Mr. HARRISON, and opposed by Messrs. REED, FORSYTH, and DESIA

Mr. HARRISON withdrew his resolution altogether, seeing it was opposed, and that the want of unanimity would destroy its value-satisfied that, in moving and supporting it, he had acquitted his conscience.

growing out of any defect in the organization or government of the trade. From the first operation of this traffic up to December, 1809, it sustained a loss of $44,538 36. Since that period the trade has been more successful, it having yielded a profit, on the capital actually vested in the merchandise, of about $15,000 annually, after covering a loss of $13,369, which accrued in consequence of the capture of several trading posts by the enemy during the late war.

In this view of the subject the committee have not embraced an item of $20,000, annually disbursed at the Treasury for the Superintendent and his clerks, [In the short debate on this question, the the factories, &c., and which, when applied to the merits of Kosciusko, the advocate of freedom, concern, as necessarily it must be in making an es and the friend of man, were fully admitted; but, timate of profit and loss, will absorb the profits arising it was shown that no such respect as was now from the funds employed in trade, and furnish an proposed had been paid to any of the departed annual charge against the establishment of $5,000. worthies, native or foreign, who had aided in This annual loss being sustained by the Treasury, the achievement of our independence, except in pursuant to appropriations for the pay of the Superthe single case of General WASHINGTON, which intendent and his assistants, is a loss to the Govern was admitted to be an exception to all generalment but not to the concern, in the diminution of its capital, which, under all circumstances, remains rules. Having as recently as 1810 refused a stationary. like tribute to the memory of Colonel William Washington, on his decease, it was too late now, it was deemed, to commence a new system in this respect.]

Indian Affairs.

President the discretionary power of licensing foreignThe act passed 29th of April, 1816, giving to the ers to a participation in the Indian trade, is less exceptionable in theory than in practice. With all the guards of the act and precautions of the Executive, Mr. SOUTHARD, from the committee appoint-power, to avoid the admission of men of vicious hab it has been found impracticable, under dispensing ed on so much of the President's Message as re-its, whose conduct tends to interrupt the peace and lates to Indian Affairs, made a report upon the subject, which was read; when, Mr. S. reported a bill, for establishing trading-houses with the Indian tribes, and for the organization and encouragement of schools for their instruction and civilization; which was read twice and committed to a Committee of the Whole. The report is as follows:

The committee to whom was referred so much of the President's Message as relates to Indian Affairs, report: That the capital appropriated for prosecution of Indian trade was, in 1809, augmented from $200,000 to $300,000; which sum, by succeeding acts, has been continued down to this period. Of the capital

harmony of the United States and the Indian tribes; nor can such be introduced while the door is left open to foreign traders; either admit or exclude all. A system partial in its character will, by inhibiting worthy applicant, do him injustice; and, by permit ting the fraudulent speculator, the savage for whom the provision is made and the country are wronged. The Executive must rely on recommendations in the doubt, is often deceived in the character of persons exercise of the power deposited with him, and, no recommended to Presidential patronage.

MONDAY, January 26.

Two other members, to wit: from Massachu

H. OF R.]

Fugitives from Justice and Service.

(JANUARY, 1818.

same or similar to that derived from what has been called contemporaneous practice, might be deduced from the earliest acts of this Govern ment. Congress had repeatedly passed laws depending for their execution on State courts. This consideration might, in the estimation of some gentlemen, weigh against the objection of the member from Massachusetts, but he (Mr. P.) did not rely upon it.

ered, I do not hesitate to say, that the clause of the constitution, under which we legislate, is imperative-that it is a part of a solemn com- | pact between the several States in the Union, and we are bound to carry it into complete effect. But does not the law cited secure to the claimants all the rights which the constitution guaranteed to them? Certainly it does. By the law now in force, the claimant may, in the first instance, without a warrant, arrest the fugitive, and carry him before a tribunal for examination. This is a great latitude, and there is danger of an abuse of this power to the injury of the free citizen, who may never appear be-lation granted by that instrument, and yet may fore such tribunal! If any amendment of this law be necessary, it is to restrain the claimant from an abuse of power; but no such amendment has been proposed. The courts of the United States are the only proper tribunals to take cognizance of the subject; and magistrates of a State, as such, are not bound by your law. Why, then, make this amendment?

But, sir, while we are scrupulously guarding from encroachments one clause of our constitution, let us be cautious lest we infract another, equally important. It is not only my duty, but my sincere desire, to preserve every part of this sacred instrument, upon which our national happiness depends. And now, sir, let me solicit your attention to the 9th sect. of the 1st art. of this constitution, in these words: "The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it." Will not this bill, if it pass into a law, virtually suspend the writ of habeas corpus-at least its effect? In my opinion it will: for this bill provides, if such writ issue, and it shall appear, upon its return, that the supposed fugitive was arrested under this law, (and it may be by order of a justice of the peace,) such fugitive shall be remanded into the custody of the officer who arrested him.

For these reasons, sir, I shall give a negative vote to the bill on your table.

Mr. PINDALL said, the bill professes to impose a duty, to be performed by stated judges, in relation to the recovery of runaway slaves. The enactment of the bill does not, it is said, imply what the opinion of the House or the friends of the bill may be on the question of the power of Congress to impose any other duties on the State courts.

A gentleman mentioned, during the debate, as an objection to the bill, that it imposed duties upon State judges and officers, to which Mr. PINDALL (the chairman of the committee that reported the bill) replied, that those who believed this subject involved the broad question, whether Congress had the right in all cases to require the execution of its laws through the instrumentality of State officers, would, if so disposed, be able to say much in favor of the power. Indeed, some might contend, with plausibility, that the question ought to be considered as settled; or an argument tho

He said it was possible that the framers of the constitution did not wish that the right of Congress to impose duties upon State officers should be coextensive with the powers of legis

have intended that such a power should exist in some cases, or under some circumstances. Although he would not intermeddle with the abstract inquiry, whether Congress could, in all its legislative province, impose upon a judicial or ministerial State officer an obligation to execute the laws of the Union, he would insist on his right to exercise the power in the instance contemplated by the bill. The clause of the constitution on which the bill rested, declared that no person, held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on the claim of the party to whom such service or labor may be due. This clause, he said, was a regulation between the respective States, conferring rights on some States and obligations on others; but the right, when exerted for the benefit of the slaveholder, manifests itself by means of the laws of his State; for the clause just quoted speaks of persons held to labor in one State, under the laws thereof. The laws of the State are made known, interpreted, and expounded by the official acts and decisions of State judges and officers.

Again: the slave, taking refuge in another State, shall be delivered up. This duty of delivering up the slave is not imposed on private men or individuals, as in a state of nature, or it might never be performed; besides, private men are not necessarily supposed to have the slave in their possession or power. The duty of delivering up the slave is imposed on the State, and the State, as all other civil or social political powers, necessarily, or at least usually, acts by the intervention of its officers.

It being thus shown, in regard to this clanse of the constitution, that a right and corresponding obligation are established between different States, which, by ordinary interpretation, depend for their development and exercise upon the proper officers of each State; and it being admitted on all sides that Congress has the power to regulate the due exercise of that right, and enforce the performance of that obligation, it follows that Congress can make a law to regulate the conduct of these State officers in the performance of their duty.

Further debate took place on the bill, and on an amendment proposed by Mr. BALDWIN.