LETTER MK. §MITH, OF ALABAMA, On ike occurrences ivhich have prevented an organization of the House of Representatives of the Thirty-Fourth Congress. To my Constituents of ike Fourth Congressional District of Alabama : Washington, January 23, 1856. Supposing (hat you participate in the general anxiety which prevails through- out the country in reference to the present extraordinary condition of the House of Representatives of the Congress of the United States, I liave thought it due to you and to myself that I should give you a brief statement of the facts as they now exist, and of some of the most remarkable occurrences which find their history in the records of our proceedings up to this time. That some party is to blame all must admit ; who is to blame is the great question. I shall endeavor to show that the small party with which I have acted, known here as the National Americans, is free from censure. If I fail in this, you will charge the bias of my judgment to the partiality which every man is expected to have for his own friends; if I succeed, you will give me credit for the loftier purpose of vindicating our integrity, and of proclaiming the patriotic firmness with which we have resisted the efforts of the enemies of our party and of the foes to the Constitution. It was the opinion of many of (he most experienced politicians, upon the openincr of Congress, that we should have much difficulty in organizing the House. Most of us expected to be a week or two engaged in these preliminary labors ; the precedent of 1849 was still fresh in our recollections ; and when we found ourselves without a Speaker at the end of the first week, but little astonish- ment or anxiety prevailed on the subject in the political circles here. The second week passed without awakening any serious apprehensions. The third week came, and (so strong is the force of habit) everybody seemed (o conclude that the only use in going to the Capitol was to vote a few times for Speaker, merely as a matter of form, without even expecting an election. In the mean time the deba(es began to assume the character of asperity. Bitter language, sharp retort, and fierce defiance, characterized the speeches of many gentlemen. It was evident that the difficulties in the way of an organization were becoming greater; that the debates widened the breacli continually. In this condicioti of thino-s, on the ■20th of December, I offered the following proposition : " Resolved^ (for tlic informal promotion of Imsincss,) That this House proceed to the election of two standing; committees — the Committee of Ways and Means and the Committee on Foreign Affairs — upon'the following plan: " The Republican party (vottng one hundred and five) shall nominate four. " The Admmistration party (voting seventy -four) shall nominate three. " The National American party (voting forty) shall nominate two. " That the said committees shall each elect its chairman by a majority vote. " That the two chairmen, beginning with the chairman of the Committee of Ways and Means, shall preside alternately over the deliberations of the House until a Speaker shall be elected. 9 A3 A .. Th.. Ihc H«a«. d.Tot* one hourcrcry day to ihc reception and reference of bills and peti- "^r:;" " ' '•'"'"■"■ ''''T''.;i!^d^pon the oWlion of a speaker, and their business (hall umiitccs appoiniod by the Speaker." Tl..^ object of xius proportion appears „pon its face. There was but little d.M.uM„o., to idopt it on the part of the House, and .t uent the way of all the other pr«po=.iUoui referring to an or-anizaiion which have up to this tune been *"lt"i'."novv thp eighth wc-.-k of the Session, an.l the prospects of aii organization •re •« rcmoli.. lo all appearance, as on the first day. Indeed, there does not •com to bo the ^h.-htct hope of the election ..f a Speaker. This state ol thmgs i« well calcnUtcd to inspire the gloomiest apprehensions as to the lutiire ol the Republic ; and severe hhould be the punishment of that man or of that party Hho has contributed to bring about and to proton:; this legislative anarchy. There are three parti.-s in the Honse_ihe Republican party, (so called,) whose candidate is Mr. Rv.NKs; the Administration party, whose candidate is Mr. Kicmardson; and the National American party, whose candidate is Mr. Filler. OniMde of those who vote in these parties, there are some twelve or fifu'en votes acalienng. i • c i The ]{anks party, u ith a part of the scattering votes, could elect their Speaker. The Kichordboii parly, combined with the Fuller party, with a part of the scattering votes, could elect their Speaker. The Fuller parly, combined with the Richardson party, with a part of the BCaltering votes, could eh;ct their Speaker. Neither of these combinations has yet been made; and the only one which can be made, as maiters now stand, is that the Ba.nks party should elect by the aid of ihf scattering vote. The .National American party, from an early period in the session, finding it imposMble to elect i Speaker of their own choice, have felt, as a l)arty, and ex- pressed a perfect willingness to cooperate will) the conservative members of the House of all parties with a view to efiVct an organization. Several overtures, in Yarioun wnys, iiave been made to the A.lminislratioii party by leading membeis of the National American party, nil of which, I believe, have been rejected. Of course it could not be e\pe«led that the National Americans would con- template a rombination with tli«; Republican party. liul why have the National Americans not united with the Administration parly in the election of a Speaker? The reasons which follow will, I think, be deemed fully fiuHicienl. Thai ilic .Vdimiiisiraiion party is the im|)lacable enemy of the American party 16 aullicieiitly clear in ihe notorious fact that no member of the American party U allowed lo hold oUice under it. Kven the Mnallest postmaster is removed as aoon as it is discovered that he belongs to the American party. This will not le denied. 13ut ajiarl from this, the Administration party in the House of Rep- vcM>iilative(<, on the Saturday night before llie meeting of Congress, adopted the Culiowing resolution : •* Itrvlrtrl, Tint tlip Dt mocmtic inf ilip House of Represontniives, t]»oiig;h in a Uni 11 thm hi'dy. df<'iii tliii* n fit orcii.sion to ti'ndcr to iln'ir fcllow-eitizons of Uif V. • In nrtMl ront:rutiiliitiniiH on tin: iriiuinili, in tlie rtccnt clcotions in scv- rrnl •-'■■rn, tiiid \n hi. J " Mr. CuBB. I cannot sare my counlry by votiiij^ for a man who docs not recognize thefun- damentul jirinciplti ol* the Constitulioii of my country." Here the American party is deiiouiiced aa "not recognizing iha fundamental principles of the Constitution." Other gentlemen of the same party usecl plirases ctiually oljeclionable. Thus jou see, my fellow-citizens, that the National American parly found ihenjftclves in a condition either not to vote for the Adminislralion candidate, or to sacrilice every feeling of self-respect, and to admit publicly that they were iinl'iilhfiil to the Cnnstiiution of ihfe country, and that they were enemies to civil and religious liberty. The consecjtience of the caucus resolution and of the speech of the gcnilemaii from Geor^fia, indorsed, as it has been, by the Administration parly, has been simply (o tiirow the National Americans ii[)on the dignity of self-respect; and Jieiice they have been found voting for a distinguished and faithful member of their own organization. II the National Americans could not be expected to unite with the Repub- licans ; if the Adnjinistration party positively, by resoliition ar)d speeches, repelled ihem, what else could they do but remain steadfast to their principles and firm by their candidate } It is true that we have been at liberty at all times to vote for whom we please; we have never been debarred from voting for the Administration candidate, or for any other man ; but we do not choose to lick the hand (hat strikes us, nor are we quite Christianlike enough to turn our other cheek to the smiter. I will now call upon the honorable gentleman from (Jeorgia (Mr. Cobb) and my distinguished colleague (Mr. Houston) to convict the Repu!)licnns of the responsibility. On (he 19th of January the gentleman from Georgia (Mr. Cobb) made the following happy and conclusive charge against the Republicans: " Mr. Cobb. One word more, Mr. Clerk, in rrfcrence to the ref^onsibUihi for the ornelvc8 before tlir> country in tills position: that ll„s liiM n.iuKi- \» itii II iii.nilMr of tli rlmir. Such is the record, so ,.n». 1 icir i»au.- JH .Vr. y/ic/iniv/son and disorganization, in pref* .r owu pnrly, njjuinst wliom iluy have urgud no personal or polit- ical • •! j- ■■t:"ii." Thp B< ntleman from Geor:jin will pardon inc if, in using liis" 'sledge-hammer, I linto hnockfJ out some of hit brains, (words.) .M\ lioiiurable colli- nj,'ui; i^.Mf. Holsto.n) will pardon me if I make a similar use of Iii9 ^|>Ofch. lief aid: '• A: ! ;!' \ u , t'i' .Idminx^tration iiar/y) had only voted the other day for the honorable and ' \n from yirT^inta', {Mr. Smith,) he would have been elected. You are, i. ,:,ii haa ihc ]m»w«t to orwiini/.e this Hou.'s of Mr. CoBB and Mr. Houston are my own. I only «i>li to avail rnysuir of ilieir arguments, for which I have already gitrii tlirin full crrdil. Now, r»-llt>«*-citi/cii<«, «lif>ro r<"?i!< (lie responsibility? The Administration pnrlt in\e clii»r:,fvd and provr-d thai the Republican \)^t\.) is the responsible parly, ihrreby Julmilliiig that ihe National Ani'^rican is not responsible. I have shown llic prt'ciK** dpgrec of respoii!lncod them, and which they have occupied with so much furti- tuJo diiriiit; ihi."* yreal and trying emergency. It is well known that llu' L'nioii iiewsj)aper. the leading organ of tlieAdminis- tration, lias hurttaiii) d the Adminulration jiarly in the House, in «// its movements during tlii<« ^real conirovcrsy. 'I'he abusive character of the articles of lliat paper •gaiiiAl the American party i.s only equaled by the phrases of the Administration Oialors III Congress. Notwuhstandiiig an occasional expression of anxiety on the part of ilip oryan that an orgaiii/alioii should be made, it ought to be api)arcnlto llic close reader that the I'nion docs not want an organization. Judging iVoni the paragrapliB «if the le^hcr organ of the Administration parly, the Star, the Admin- lalraiiou pnrly hcein to be pcrlecily content without an organization. Some weeks ago ihr Star iitteied the following sentiments: *• Utiii I'll I (.\« N.— The l)< iiiorr.il.s of ihe House arc evidently ;)f)/fcn.i/ satisfied whh the ill the Ui j.rrdiiiuiiivtn' Chiuiil>er,and will not mourii if the first of ?iea:t ■' -j-niiker i-iiosen. The truth is, the executive branch of the Government ' >ni of n doilnr for rnrryin'/"''"«■''• "C/"-f»iiitn/io/f/«r/ion. They are evidently wrcHarijiff to iimkr llu moai of II iMforf the |., iiple." ^ j i t -a Thi. arliclc of the Star has not been publicly rebuked, as I have seen, by any memlH-r ol the Adininnilralion party. What, thon, are we to suppose''.? Ar« w* to cohcludo ilint ihft Adimni-lraiion parly do not want an or.rani/ation ? ^re Ihey pn/tclly sali^fied with the exiitin:; Male of things, in iho Ian>rua.re of the Star? Place this article of (he Star side by side with the various articles of the Union laudatory of the stand taken by the immortal seventy-four, and view them ail, together with the caucus resolution and the speeches whicli have been made in Congress by the members of the Administration party, and will not the people of the country have the right to conclude that the Jidmiiiistration party does not want an organization ? What says the honorable gentleman from Penn- sylvania, (Mr. Cadwalader?) In answer to a few remarks of my own, in which I deprecated the waste of time consequent upon the protracted disor- ganization of the House, that gentleman said ; " I beg leave to dissent from the conclusions of the gentleman (Mr. Smith, of Alaljama) who has just taken his seat, that the House are altogether wasting the public time in their efforts to elect a Speaker, or that there has not been profit from the developments attendant upon the delays and apparent difficulties which have stood in the loay of its organization." Again, he says : " I am not sorry that they (the National American party) are able to throic into the teeth of the Democratic pai'ty, as they do, that v;e have not conciliated and will not conciliate them. We do not conciliate them, and we icill not involve ourselves in any compromise ivith them. We do not ask their votes." That honorable gentleman (Mr. C.) says further, in his plain and frank way, to tlie National Americans : I "An Abolitionist or the Democratic candidate (Mr. Richardson) must sooner or later be elected Speaker of this House by a majority or by a plurality of its votes. If you deem the choice of the Democratic candidate a less evil than that of an Abolitionist, vote, if you see proper, for the Democratic candidate. If you do so, you can expect nothing from him, or from the parly ^vhich lie will, in that case, represent. We do not ask this of you. Wc can offer you nothing in return for it." This sounds as if it came from the party " ex cathedra." What are we (the ! National Americans) to understand from this? We have in our view the pro- posing of measures dear to us as patriots and vital to us as a party. We cannot move in our measures if the committees are stocked against us. Have we not a right at least to expect a- fair division of power on the committees ? I do not believe that there is a member of the National American party in Con- gress who would not scorn to ask for any particular place on any particular com- mittee; but as a party they have a right to expect a fair chance in the division of power — power to be created by the Speaker. Yet the gentleman from Pennsylvania [Mr. Cadwalader] says, in advance, " You can expect nothing from him," or from the party which he will represent. You will not fail to see, fellow-citizens, that the Administration party in Con- gjress iiave been proclaiming their repugnance to us in advance — first, in their :aucus, then in their published speeches, all going to verify the deadly proscrip- ive policy which is registered in the decrees of the Administration at the White House. But I must bring this letter to a close. I have been speaking as a member of he National American party. You all know that in the last canvass I pro- claimed and defended the principles of that party; that I was reelected alone ipon the issues arising out of the policy of that party ; that I dodged nothing; lid that my majority was nearly two thousand votes. I am here as the repre- entutive of the Mational American party, and I shall shrink from no duty which ny allegiance to that party may demand. Respectfully and gratefully, your servant, W. R. SMITH. P. S. Since the above was published, I have received a letter from a friend in [■"ayette, who informs me that it is reported and understood there that I am voting pr an Jlbolitionist for Speaker. No doubt there are many persons in my dis- •ict who would be glad to have it in their power to make that charge truthfully, LIBRARY OF CONGRESS 8 and very many wlio would, and will, circulatp Q QjH qq-j gyg j ^ J*' satisfy inv frieiuis, and to confrntit tny enenne>, i n.-. - ...- , ^ vlr. Fuller, on the slavery question. In reply to IMr. Zollicoffer's questions, Mr. Fuller said: " PuMio history informs tis tlint sl!iveryoxist.-(l before tho Constitutimi, ninl, in my judgment, now exists iiul^pt'-ndi-nt nf tho Constitution. Wiipn the pcoplo of the ronfrch'iat.d Siati^s mrt, by their npn-s.-nuitivesin convf nlion, to foriin that Constitution, slnvory pxist.d in ail but one of llie Slat.-s of tlio Confeih-rncv. Tlio p.!opi<;, through thrir ivi.n'sciitalivos, having; an exist- ine nnd«.-kno\vl.d:,'.(l rii;ht to'liold slaves, concid.d this— tho rii,']it to prohibit importation— BfiiT the v.ar 1K)8. Tlify niadr no c. ssion, so far as ro2;ardiHl the cxistiMic of domestic Blavf-ry. Th<'y claimed— aiid it wnsE:ranted— the riffht of reclamation incase of escape. They dnime'd— nnd 'it was granted- the rij;fl of representation as an element of political power. And I hold, in tlie ab.sence of express authority, that Congress has no constitutional ne^ht to lesrislute upon th.- subject of slavery. [Applause.] I hold that the Territories are the com- mon i>r«.p. rty of all the States, and' that the people of all the States have a common n;^ht to enter upon aiid occupy tiiose Territories, and they are protected in that occupation by the flag of our common country; tliat Consre.ss has no constitutional power either to lec;islat(; slavery into, or exclude it from, a Territory. Neither has the Territorial Legi.slature, in my jndoment, any rijfht to le-rislate ujion that subject, except so far as it may be necessary to protect the citizens of the Territory in the enjoyment of their property, and that in pursuance of its organic law. as established by cono;ressioiial ligislation. When the citiz.'iis of the Territory shall apply for admission into the Union, they may determine for themselves the eharacter of their institutions, (by their State constitution;) and it is their rio:lit then to declare whether they ■will tolerate slavery or not, and, thus fairly decidinc; for themselves, should be. admitted into the Union as States without reference to the subject of slavery. The Constitution was formed. by the peoide of the States for purposes of mutual advantage and protection. The States arc sovereignties, limited only so far as they have surrendered their powers to the General Government. The General Government, thus created and limiti^d, acts with certain positive, defined, and clearly ascertained powers. Its legislation and administration .should be con- troil'd by the Constitution; and it cannot justly employ its powers thus delegated to impair or destroy any existing or vested rights belonging to the people of any of the Slates." In reply to Mr. Barksdale's questions, Mr. Fuller said: *'^Ir. Clerk, I shall answer the questions specifically and directly, reserving to myself the privdegc of more full explanation hen'after. " ' Ar? you in favor of ristoring the Missouri restriction, or do you go for the entire pro- luhition of slnvoiy in all the Territories of the United States?' " I am opposed to any legislation upon those sul>jects for reasons already given. " * Are you in favor of abolishing slavery in the District of Columbia and the United States forts, doeic-yards, &c.'' •* I am not, sir. '* 'Do you believe in the equality of the white and black races in the United States, and do you wish to promote that e()Uality by legislation.'' *' I do not, sir. 1 acknowlt;dgi; a decided preference for white people. [Laughter.] '' ' Are you in favor of thi- entire exehision of adopted citizens and Roman Catholics from officer' [Cries of '* Yes or no!" and lauorii citizens. [Loud ap))lause in the galleries.] But I wish to say that I proscribe no niun beruuse of hi« religion; I di'nounce no man because of his politics. I accord to all the InrgfBt liberty of opinion and of expression, of conscience and of worshi]"i. I care not, sir, wiiiil creed a muii may prof.-ss; 1 cnre not to what denomination he may belong; be he Mohammediiii, Ji:w, or (jciitih', I concede to him the rli;ht to worship according to the dictates of his own judgment. I invade no mini's altar, and would not disturb any man's V(5sted rights. Whatevi r we have been, whatevi-r we are, and whatever we may be, rests between us and Henven. I allow no mortal l<» be my mediator; and, judging no man, will by no man be judgi d. With regard to ihom- of foreiijn birth, I do not desire to exclude them. 1 say to them: *' (.-'oini', enter upon the public lands; occupy thi; public territory; build up for yourselves homiM, acquire oropcrty, nnil tiach your children to love the Coiisliiution and laws which pr<»i»-ct tliui i