Indiana American, Volume 6, Number 10, Brookville, Franklin County, 9 March 1838 — Page 2

Resolved ananinoutltf, That ihe members of this House attend the funeral of the Hon. Jonathan Cilley, late member of this House from the State of .Maine, at twelvejo'clock tomorrow. Resolved unanimously That the members oi this House, in testimony of their respect for the memory of the deceased, will wear crape on the left arm for thirty day?. The resolutions having been agreed to, Mr. Evans asked if it was not usual to send n communication to the Senate. The Speaker said the communication woild go there as a matter of course. The Houre then adjourned. IN SENATE. The Vict? President presented from the Treasury Department statements of the contracts fcc of the Department for the year 1837, which were laid upon the table and ordered to be printed. A report was also laid upon the table from the War Department in relation to the survey of the military road near Miami, Wisconsin. This report was ordered to be printed. Mr. Smith, of Indiana, presented a memorial, signed by 70 members of the General Assembly of Ohio, praying Congress to appropriate a portion of the public funds as a subscription for a part of the capital stuck of the Jeffersonville and New Albany Canal Company, incorporated in the State of Indiuna, to construct a Canal around the Falls of the Ohio, on the Indiana side, of sufficient capacity to pass steamboats of the largest size. Mr. Smith said that the measure prayed for was of great importance to the Western country, and u number of petitions had been sent to him from the citizens of Wheeling and Cincinnati praying for the same object. Mr. Wright presented a memorial from the Legislature of New York relating to a survey of the navigable waters of the Lakes, with a view to the improvement of harbors on those Lakes. Ordered to be printed. Mr. Benton presented a petition praying Congress to prevent the issue ol the notes of the late United Slates Bank. Mr. Buchanan presented a petition from a large number of the citizens of Philadelphia, praying Congress to establish a Dry Dock at the Philadelphia Navy Yard. On motion of Mr. Benton, the Secretary of the Treasury was osdered to have printed and communicated to the Senate the rates of exchange, foreign and domestic, and the prices of Bank notes at different limes since the formation of the Government. On motion of Mr. Wall the bill which make Jersey City a port of entry was read a third time and ordered to be engrossed. The resolutions which passed the House in refeience to the death of Mr. Cilley were then announced by the Clerk of the House, nnd stating that the funneral would take place from the hall of the House to-morrow at 12 o'clock. Mr. Williams rose and addressed the Senate as follows. Mr. President: I came into the Senate this morning, exhausted and overwhelmed to perform the melancholy duty of announcing to you and to the Senate of the United States the 6udden and lamented death of my fiiend nnd colleague, the Hon. Jonathan Cilley, a Representative from Maine in the Congress of the United Stale. At the last adjournment of the Senate, Mr. Cilley was in perfect health, full of hope and expectation of making himielf useful in asserting and vindicating the violated rights of his State, and of distinguishing himself in the great questions which now so deeply agitate the public mind; full of zeal and ardent patriotism, and of devotion to the great cause of human liberty and of human rights, he considered that a crisis had arisen when his country had a right to claim the services of her son. He obeyed the call of his constituents, relinquishing the enjoyments of the domestic circle of n wife ami three children. He is now a lifeless corpse; all his hopes are blasted and destroyed and his constituents are deprived of the services of an able and faithful representative. Mr. Cilley was a native of New Hampshire and belonged to one of the most ancient and respectable families in the State. Patriotism and bravery were his inheritance. His grandfather was the distinguished patriot and brave officer of the Revolution, General Cilley ; and his brother, Captain Joseph Cillej", was the gallant leader of the heroic charge under Colonel Miller, at the battle of Bridgewater Heights, in the last war. The deceased was a graduate of Bowdoln College, in Maine, and by his superior talents and application attained a high standing at the bar in that State. He was a good lawyer, an able advocate, and a powerful debater. From early life Mr. Cillery was ardently attached to the principles of free government; a zealous advocate of the rights of the whole people, and a determined oppenent of the claim of the few to tyrannize over the many. In 1832, Mr. Cilley was elected to the House of Representatives in Maine, nnd in 1835 and 1836 was Speaker of that body, I where his powers and love of country became so conspicuous, that in 1837 he was elected to Congress in a district in which the majority was hit political oppencnts. Of his conduct here I need not speak, for all who hear me, and all who knew Mr. Cilley in the other end of the Capitol, will bear testimony to his ability, to his open, frank, and determined course, to the high order of his talents and powers as a debater, and to the respect and deference which he paid to the rights of others. Asa man, Mr. Cilley was warm, ardent generous, noble; as a friend, true, faithful, abiding. He was in the meridian of his life, tged 35; the past was the earnest of the fu-ire.

In his death Maine has lost one of he brightest ornaments, and the nation is bereft of a devoted patriot, and an ardent, zealous supporter, of its free institututions. The sun which set upon the lifeless c orpse of my late friend and colleague, rose bright and cheering upon his distant fireside circle, and the wife of his bosom blessed its gladsome beams, and told her innocent chi'dren that it brought the return of their father one day nearer. Alas! "nor wife nor children shall see him more." Who shall now penetrate that bereaved mansion, and witness the tears, the agony, the distraction of the widow and the fatherless? Mr. President, I cannot. May the Father of all mercies be their comforter and their support. Of the cause and manner of the death of Mr. Cilley, I forbear to speak; but allow me to say, that it is my solemn conviction that he entertained no ill will, and intended no disrespect, to Mr. Graves, in any thing that occurred; and that in accepting the call, he did nothing more than he believed indispensible, to avoid disgrace to himself, to his family, and to his constituents. Mr. Williams then submitted the following resolutions, n hich were unanimously adopted: Resolved unanimously. That the Senate will attend the funeral of the Hon. Jonathan Cilley, late a member of the House of Representatives, from the Slate of Maine, at the hour of twelve o'clock to-morrow, and as a testimony of respect for the memory of the deceased, they will go into mourning, by wearing crape round the left arm for. thirty days. And. as an additional mark of respect to the memory of the deceased, Resolved, That the Senate do now adjourn. The Senate then adjourned.No business will be done in the House tomorrow, and of course none in the Senate. The Congressionfil proceedings and public business will not therefore be resumed before Wednesday. From the Baltimore American. Washington, Feb. 27. I send you below the order of Arrangements for the funeral of the Hon. Jonathan Cilley, which took place from the Hall of the House of Representatives this day at twelve o'clock. The funeral services were performed by the Rev. Mr. Slicer, the Chaplain of the Senate, and the Rev. Mr. Reese, Chaplain of the House of Bepresentativee. . The House was opened with prayer-the Clerk read the Journal of yesterday's proceedings Mr. Slicer read a suitable chapter from the Bible, and made a prayer preliminary to the discourse which was delivered by the Rev. Mr. Reesn. Mr. R. spoke about fiAeen minutes, alluded to the duel in a simple, touching and affectionate manner, and in the name of honor, justice, religion and humanity, exhorted men in high places to give no countenance to this mode of warfare. The President, Heads of Departments, Senators &c. all were there as announced bejlow. About twenty-live carriages followed the corps to the Public Burying Ground. I The Hall of Representatives was full to overflowing nearly two hours before the opening of the House. The attendants to the grave were not less than six hundred. The Senate met as usual, and adjourned to the House to join in the services. The flags over the Senate Chamber nnd House ofjlepresentatives have been floating at half-mast during the day. The services, as usual on such occasions, were effective and imposing. The audience were most solemnly affected, and the friends and colleagues of the deceased were wholly overcome with grief. The following was the order of arrangements for the funeral of the Hon. Jonathan Cilley, late a Representative in Congress from the Slate of Maine. The Committee of Arrangencnts, pall-bearers, and mourners, attended nt the lale residence of the deceased, at Mr. Birth's, on the Third street, at 11 o'clock A. M. Thursday, Feb. 27th: at which time the remains were removed, in charge of the Committee of Arrangements, attended by the Seargeant-at-arms of the House. At 12 o'clock, meridian, funeral service was performed in the Hall of the House of Representatives, and, immediately after, the procession moved to the place of interment in the following order: The Chaplains of both Houses: Committee of Arrangements, viz: Mr- Evans, of Maine. Mr. Alherton, of N. H. Mr. Coles, of Va. Mr. Conner, of N. C. Mr. Johnson. La. Mr. Whittlesey, of Ohio. Mr. Filmore,ofN. Y. Pall-Bearers, viz: Mr. Thomas, of Md. Mr. Campbell, of S. C. Mr. Williams of N. H.Mr. White, of Indiana. Mr. Ogle, of Penn. Mr. Mai tin of Ala, The Members of the House of Representatives and Senators of Maine, as mourners. The Seigeant-at arms of the House of Representatives. The House of Representatives, preceded bv their Speaker and Clerk. The Sergcant-at-arms ofthe Senate. The Senate ofthe U. S. preceded by the Vice-President and their Secretary. The President ofthe United States. The Heads of Departments. Judges of the Supreme Court and its officers. Foreign Ministers. Citizens and Strangers. Col. Webb left here this morning, and of course there is no truth in the rumored duel between him and the Hon. Mr. Duncnn.

In the House, February 28, Mr. Fairfield moved the following resolutions:

Resolved, That a committee cf seven members be selected to investigate the causes which led to the death of the late Hon. Jonathan Cilley, and report the same. Risolved, That said committee have power to send for persons and papers, and have leave to sit during the sessions. Very deeply excited feelings pervaded the House. After some discussion and various propositions, the resolutions were adopted by a vote of 152 to 49.

Correspondence ofthe Bait. Com. Transcript. Washington, March 1, 1838. When the Journal ofthe House was read to-day, ihe following gentlemen were appointed as composing the Select Committee on the subject of Ihe late duel; Messrs. Toucey of Conn. Potter of Penn. Rriggs of Mass. Elmore of S. C. Bruyn of N. Y. Harrison of Missouri, and Rariden of Indiana. Briggs was excused from serving, owing to other duties. After some discussion on a report from the District of Columbia Committee, to whom was referred that part of the Message relating to "the ten miles square." Mr. Turney of N. C. offered a resolution requiring the 12th and 14th rules of the House to be enforced. These excluded all persons not members from the floor of the House, except the the stenographers, high officers of Government, foreign ministers, and some other persons privileged to enter there. He also offered another resolution, afterwards amended by Thompson ofS. C. which excludes all reporters who do not give in their names, slate what papers they are employed, for, and makes them remain in their seats set apart for them. These were adopted. Undoubtedly these resolutions grew out ofthe late duel, inasmuch as Col. Webb had the privilege alluded to, and 1 have heard that there have been threats thrown out by one of the representatives, that he would kick the aforesaid individual out of the House, if he met him there. As to that part of the resolutions which apply to the reporters, it is in consequence of sundry of these gentlemen making too free with the space around them. This is not to be wondered at, however, for if any ofthe members were forced to set an hour in some ofthe boxes for the reporters, he would be willing to let them escape from their ovens (as they nre called) to promenade about the Hall You must know, that half ofthe Hall is heated by two immense furnaces, whose Tarlerean throats open and discharge their heat just under two ofthe reporters' boxes, with only a slight floor beneath their penance doing soles nnd the roaring fiery draughts benealh. Imagine the pleasantness of such a seat, during a debate of some hours' length! enveloped in the vapours from ahalf hundred mouths, blended with the suffocating etcam of a furnace! Who should wonder if letterwriters sometimes pen severe structures on the men they are condemned to listen to, when they, are lorced to breathe such an atmosphere. Mr. Howard from the Committee on Foreign Affairs, reported a bill to amend the Neutrality act of 1818. This comes up to-morrow, and I hope that it will speedily pass. . The Senate bill, "to prevent the abatement of suits, in which the late U. S. Bank is a party," was taken and by the very summary process of the previous question, was instantly passed. After postponing the subject of the Northeastern Boundary, till next Wednesday, the House took up the bill making appropriations for Pension Agents, which gave rise to a protracted debate, not very interesting and of a decided party complexion. It seems that there remains in the hands of these officers, large unexpended balances, which the opposition declares renders unnecessary and wasteful, any further appropriations for such services, at least to the amount desired. Mr. McKim, of your city replied to some strictures made on the agents, in a way both spirited and amusing. I never heard this venerable gentleman speak so long before, and I know not which most to admire, his pungent flights of satire, or his almost juvenescent fanfancy and enthusiasm. Both parties seemed to relish highly his remarks s'rongly flavored with humor. These occasioned pauses in the day reasoning of a debate are vastly refreshing, and I for one thank Mr. McKim for thus "throwing a smile over the severe brow of thought." Nothing was done with the bill, a successful motion to adjourn having cut short the discussion. In the Senate, Mr. Davis concluded his speech against the Sub-Treasury Bill. Mr. D. is one ofthe most solid men in the Senate. He is all intellect with hardly u particle of eloquence or imagination, or humor in his composition, as lar as may be judged of in the Senale. His arguments therefore purely depend upon their strength and merits, and not on any extraneous ornaments, so apt to entrap the favor of an audience. But then these arguments are placid and enforced so closely that no mind will scarcely turn from them as dry and technical. No man in the Senate is j more esteemed than Mr. Davis, with all parlie. Calhoun, especially, has an exalted opinion of him, which is strange, considering the very opposite character and structure of their minds. Mr. Walker, of Mississippi, offered a resolution to day, for instructing the committee on the Public Lands, to report a bill granting to the States all the inundated lands, within their respective limits. It is rumored here that one ofthe gentlemen who attended Mr. Cilley on the ground last Saturday, not as a second, but simply as a friend by invitation, is about to publish a statement, concerning the duel. What the nature of it will be, I am ignorant. lours, t M.

C OHmUHlC ATIOfr. TO C. F. CLARKSOW, Esq. Sik: In your paper of the 23rd Feb. there is an article under the editorial head, denouncing in unmeasured terms, every member f the Legislature which has just closed its session, but evidently pointing more particularly to myself than any other member of that body. In that article I find the following words, "Probably our friends are anxious to know the result of the revision. We are informed by a member of the Legislature, that not more than 10 or 12 acts w ere revised before the adjournment, and that after spending so many thousands of dollars, Wm J. Brown, Secretary of State lias been appointed to finish the revision, have them printed and sent forth as the law of the land, the Legislature having legalized them ex past facto." That I am the member ofthe Legislature here referred to there can be no doubt, for at the time of writing this aflicle you could have seen none other, morever, I recollect to have spoken to you upon the subject of the revision. But that I ever told you that Mr. J. Brown, was appointed to finish the revision, I must positively deny and I have reason to believe that you made the statement with the full knowledge that it was not correct; but as the object was my destruction, that your own sinister views might be accomplished, you seem to consider that the end justifies the means, and that truth itself, if necessary, 6hould be sacrificed upon the altar of ambition. In the conversation which I had with you upon subject of the revision, I stated that the Secretary and Treasurer of State were appointed to compile (not "renie") and collect all the laws in force, such as were revised and such as were not, and cause them all to be printed in one code. But Mr. Brown has no power to alter one jot or tit'le of the law, as it now stands or to "revise, pass or legalize a single act as stated by you. It has, from the beginning of the State government, been the duty of the Secretary of State to superintend the printing of the laws and he is now clothed with no more power than he has always possessed. This officer has always been entrusted with the laws, and so far as my knowledge extends he has always performed his duties faithfully. Every law when enrolled and signed by the Governor, is filed in his office, nnd it is made his duty to copy and have them printed, and if he were disposed to net the villain, he has always had the power to doit were he disposed he could alter half the laws in his office, and who would ever be the wiser. No one. For one I am just as willing to trust him to collect the laws from the Statute books, and cause them to be printed in a code, as though they were all in manuscript. I was well aware from the begining that so large a body was not calculated to revise the laws as caiefully as it should be done, and especially when engaged in the discussion of questions more exciting than any which have ever before been agitated in the State. And of this a majority was convinced before the close ofthe session, and agreed that it would be better to be governed by the laws as they existed, and which were understood, than to risk an entire new code, so basely formed. But they did not agree that the laws should be nltered in the recess or that Wm. J. Brown should "make and execute laws at his will," as erroneously stated by you. This 1 presume you guessed at, as you have not given your authority for tho assertion charity would incline u, however, to believe that these statements are guess work rather than wilful and malignant perversions of truth. I have understood that you contend there is no diffeience between the words revise and compile. No one will be astonished at this, if he will look at the latin words which terminate the second paragraph of the article alluded to in your paper of Ihe 23rd Feb. (viz, "the Legislature having legalized them expost facto! T) They are all of a piece, and I feel my cheek much more "suffused with a sense of degradation," in being compelled to reply to such vulgar slang, than I do in "grasping the hands nnd smiling in the faces of my insulted and indignant constituents." And in being able to look my constituents full in the face, I consider myself much more fortunate than the editor of the American, who seems generally disposed, from native modesty hope, to look in almost every other direction than into the faces of those who know him best. I discovered by the first paper which jou published aAer the session commenced, that you were disposed to find fault with the whole delegation from the County, right or wrong. In that paper we were censured for not forwarding by the Wednesday's mail, succeeding the commencement of the session, a copy of the Governors Message, although we ourselves at that time had not received it; this, however, you may not have known but even if you did not, it was unjust in you to find fault without first knowing whether or not we were blameable. I was then at a loss to account for your course, but your subsequent conduct has convinced me, as well as most others with whom I have conversed, that the sole object of your attacks has been to destroy my colleagues and myself, that you or your connexions might take our places. I am the more thoroughly convinced of this from the fact, that coupled with your last attack, we have a communication over the signature of "Fenelon," in which after many sweeping sentences against the character of the Legislature which has just terminated, and in which I am evidently alluded to, as being both an enemy to the liberties and the purse of the State the writer nominates for a seat in the next Legislature, John Wynn, Esq., your brother-in-law. But ia justice to Mr. Wynn, I must say that I believe it was done without his knowledge or

consent for I have sir.ee been told by him that he would not under any circuir.slanccs le a candidate at the approaching election. For this communication I must hold you responsible, and am bound to believe that ycu are the writer, in consequence of your refuEnl to give the name ofthe author when called cn for it. What other motive than a selfish one could induce you to make the charges you have made? the interests of the stale could not require you to censure the innocent with the guilty and to hold those accountable lor the attempted revision who opposed it w'ith all their influence. But the innocent with the guilty, in all ages have equally suffered. The rattle snake when he biles never stops to enquire whether his victim be christian, infidel or pagan, but mnkes war indiscriminately upon all. The eighteen persons upon whom the tower in Si loam fell, were no greater sinners than their neighbours of Jesusalem, yet they were slain. And if a public man were as pure ns the angels, he could not escape the malignant aspersions of those, who having no talents cr character themselves, envy all who have. But for myself I do not claim perfection know that 1 err and err often but am conscious that in the discharge of my public duties, I have at all times done that which 1 conceived o be right. There is a passage of Scripture which sai, "first cast the beam out of thine own eyr, that thou mayest see more clearly to pluck the mote out of thy brothers eye, or words to that effect. Now if you had attended to this your labors would have been easier and instead of faulting your neighbors for things of which they nre not guilty you had better explain to them how it happened that after condemning the Whig state cooventlon and political convention, in general you served as Secretary to a meeting at the Court House, for the purpose of electing delegates to the State Convention how it happened that you served as delegate to that convention and how it happened that you solicited the appointment as delegate to the national convention? &c. &c. O! consistency, Consistency. thou art truly a jewel! Some explanation of this matter might be of as much Importance to your readers as many other articles which have recently appeared in the American. With due respect Your obt. Servt. RUFUS IIAYMOND. Brookville Ia. Feby. 26 1838.

Mr. Clay. It will be recollected that the membeisof the Legislature of Rhode Island; recently nominated Mr. Clay at a candidate for the Presidency, the following is his answer to the letter apprising him of the calcination. WAsnmoxoif, Feb. 15th, 1838. Dear Sir: I duly received your letter of 10th inst. transmitting a copy of the resolutions adopled'by the Whig Legislative Convention in Rhode Island, in relation to tie cominatioQ of a candidate for the PresidencyThe support which I received for that o3 ce when my name was before the public in '22f from that patriotic State, displayed its I'rm adherence to principle, under the most discouraging circumstances, and filled me "ith senliments of the most profound gratitude. This new testimony of the attachment nnd confidence of Rhode Island towards me, adds to my obligations, and will be cherishr.l in grateful recollection whatever future results may be. Having prescribed to myself a course o (noninterference in respect to the designation of a candidate for the next Presidency, c n the part of the Whigs, it will not be expected that I should give orJ.with.hoId any cmsent with respect to the use of my name, until the proper period arrives. I congiatulate you upon the prospec t of a change in the policy ofthe government. The people ofthe United States have so generally manifested a dissatisfaction with the past course of the administration, that our rulers must change it or be themselves chang d. We have now much reason to hope that the vast government project of a Treasury Bank will be defeated in one, if not both, Houses of Congress. This fortunate result of thai danger rous mensure may be ascribed altogether to the intelligence and manifestation ofthe wishes of Unpeople of the United S'ates. Cordially reciprocating your friendly wishes for my health and happiness, I am faithfully your friend and obedient servant, HENRY ( LAY. Joseph Childs, Esq. Extensive. Among the list of public defaulters communicated to Congress by the Secretary of the Treasury, Jeremiah Clark of the District of New York, in the Slate of Maine, owes to the government 27,090 90, while his bond to the United States was only $1,000! Henry Warren, of Plymouth, $16,429, 54 bond $5,000! Robert Arnold $80,825 75 bond $5,000! John Fitzgerald, of Alexandria, $30,072 42 bond $10,000! Richard Wall, of Savannah, $1 14,983 44 bond $5,000! Isaac Holmes, of Charleston, $161,871 72 bond $30,000! J unes II. McCullocb, of Baltimore, $14,753 34 bond $2,000! Peter K. Wagner, of Tew Orleans, $5,805 76 bond $2,000! And thus we might go on ad infinitum. We recommend those gentlemen, whose names we hive given, to pay theirsureties, the amount for which they are indebted to the government, and retire to indulge in all the excesses of a luxurious life; with the honest reflection that their incomes are the result of a hvrd and laborious life in defrauding their government,! nd thank their God that theyfare notjike other men.