D. r. EILOAL N, Editor.
VOLUME 21.
othatutt.
B. F. SLOAN, EDITOR
OFFICE, CORNER S
RE, ER TATE ST. AND PUBLIC
SQUAIE.
TERMS OF TILE PAPER.
..o..crawr earner, n,
ai thr oifire, in anyanee,
II not 1141li in advance, or within three months from the time
~ilkkentnng, Inn dollary will be Changed.
Lrmi cummuniention, Men be pest paid.
RATES OF ADVERTISING.
Cards not exceeding t tines, one year. 63,00
.
One. square 10„00
do. do. sic rnoriths,, 8.00
do, do. three inontha 2,110
env...entente, riti . cents per square, of fifteen lines or
for the tiro insertion; 23 Cents for each sulsu_nitent insertion.
Yearly advertisers have the privilege of ehaliging al pirIIMITC,
Nit al no uuic are allots eri to occupy wore than two squares; and to
ki• limited fa thew immediate tattiness.
Ads ertISCIIICIIIS not having other directions, will be inserted till
fm O awl charged accordingly.
pUs3IPRIESS
•
J. B. NICKLIN,'
Sr se and general Agency and Commission business, Frank
lin,
RUFUS REED,
Pr .t FT i n Eng! 1$1), German and American Ilanhentennd Cutlery;
Nadu, Aueils, Viccu, Iron and Steel No. 3 Reed !louse,
Er!. l'a.
W. J. F. "ADDLE &. CO.
purscrtrnr, Carriage and Wagon Builders, State gtreet,
it% eon i,e% (nub & Eighth. Erie.
ITRONG. AL D.
Poor west of C. B. Wright's store. tip stairs.
DOCT. J. L. STEWART.
Outer• n idi Poet. A. riFVOF, Seventh near tiappafraN stmt. Res
bnience. ou Napfafrao, one door north of Awenth it.
EMIII2I
C. SIEGEL.
Mott s ti.n and Retail dealer in Groceries. ProvisionS, Wider,
Liquors. Fritit, &c., &c Corner of French and Fifth Streets,
opt , i,te t he Farmers' hotel, Erie.
JOHN McCANN,
WIIOI.VAI e and Road Grover, No. 4, ncinint!Pinek, Ern% Pa
UIIII
Alet•.cua NT T w oR. and 113141 Maker.—More; No, 3 1{,vd , ,,..
(oppoevt' On Donnell Meek) Env,.
• 1, W. NVI:TNIORE, -
A T7'OII IV .1:- I' AT I, .4 IV, ~
----- In 1 rairmr's thrum, on Seventh Strurt, Erie, I'a.
HENRY CADWELI„
1, 4 oral 1 12. Jobber, and Smin4 Dimly: in Dry Cools. Groterie',
nor ki It . r:l;l4‘t are, Carpeting. !truths ale, Ifoll, Steel, Natis.
i•ilk... hr. I:mpirt; Stores State egtrkv.q, four Mmrs, felon'
Mot, is' , I (um), I:rw. I ' 4.
Al--,--‘ll% ila, Viers, Helium., A tie Arm., Springs, anal a' general
aA•Crltioel/1 Of 5.1114/Ie.LIIIII Cillfl.lUe Trillllilillp.
- D. NIEIt.VIS SMITII,
A11.1t51.4 4 I I. and Ju-ticr of deo Perzr—Ortice one door
o 1101 Wrirdoro , S.Cl,rO, I:rie., Va.
- -
W. 11. KNOWLTON & SON,
14 U 1 R.lit Watcher.. Clock.. Looking Glakbe , , Piano Fortes.
fa t, Itrii..uuia ‘V:k Je,% In . and a sariLly ofother l'anc )
Art Keystone Ituilding. , four porn below ftrown's
Sirr.r.i, Ens, l'a.
S. U. DEWEY
4SI r nr IT. DC.lrer in Do (:‘,,,44, t•cetnitl duorimlow
IlroN,tre llutcl, rqn to. Suers. l'a..
GEORGE 11. CI-11.1..1i
A; 1.“1, 1 ;11 , 11.1. Er u• l'n roller
1 , 111, I01`111 , •% :Mended ... . ...,
‘‘, 114S ( )N ft I )
J.ll %% 1 '.: 1 ••/ , ,1 " 11,
.1 .1. • 1 , ,
;.• • ~ 1) , ,i , ,,r , . ..14/11.11}1111,1111‘,,:1111 1.. . V. j.f. ,•r I!-
I i ROWN'S 11011:1„
7 i
t s:. corner 131 . Sinte StreVl :Mil t:..
l‘ . . tern and sfoutltern stage offire.
- B.S. CItAIN.
Nail dealer in Grocerie., Fret i.i.,... t%
• Nails, Detroit Ale, Ilitheuit, Cracker- '
u, 'n.
. • :.101
I:ri.
11. 11. 11AVERSTICK.
S. , 2, rtrsp llousE. ',kaki' in Dry Goods, Hardt% are. t rut: icor
Garctics. &c. -
T. W. MOOItE, ,
.frit in Groceries, Provisions, Wines, Liquors.C'an.lp,, Pro :I
Arr., No 11, Poor People's Rote, Slate slier!, Erie.
NV. IL CUTLER.
luorticy & Counsellor at Law, (Office in Spaulding'. 1:v . 11:Ina.
11.11Ialo, N. Y.
Met'(lna and commercial bUgiIICFS to iii recoive prOmpl atteition.
LRLNCES.—A. P. Di nr.tu, I:sq., BF NJAmiN GRA vi,
JOSTiII KELLOGG.
I 0. - vvlriling S. Cointnisrion Merchant, on the Public Dock, east of
mate otreet.
salt, Plaster and White Fish, constantly for.atr.
J. if. %VILLIA3IS.
Banker and Exchange lirokvr. Dealer in 1111,14 of Ev‘hange,
14.11114. certillcatin.of Depof.ile, Gold and oilver coin, &c., &c.
°Mei., 4 dour.; telow Brown's Hotel. Erie. I'a.
BENJAMIN F. DENNIS9N,
ATTORMET Ohjo.--1 nfiCC on litilletiOr .treel,
in Atwater•s Block. Refer to Chief Justice Parker. Cambridge
Law .. 4 c hook Noll. Richard Fletcher, I oetate si., Boston: Hon.
Simnel 11. Pork in., lII} %Valuta st.„ Philadelphia; Richard
Kimball. 11.11.,.33 Wall !attic% Nett• York. For testimonials, trc
ier to this cake:
hIARSIIALL & VINCENT.
ITOR WI. VS I I.AlV—qilice st.lits ill Tammany Hall bpil.ling,
1 north of tne Prolhonotary'd olliqe, Erie.
MURRAY WIIALLON,
A T7nR MET AMP OWNdELI,OII AT I,Aw--oMcp over C. BAVright's
entrance ono door teem of .Staie street, on the Diamond,
- Erie.
J. ROSENZWEM & Co.
AVIIOIF/M.V ID TAIL PEALEns in Foreign and Domeslie Dry
Good., ready ulnae Clolto ng.Doots and Shoo, &c., No. 1, nem
, ing Block, Irate ntrcet, Eric.
C. M. TIBBALS,
DEALER in Dry GOOdP, Dry Groceries, Crockery, Hardware. &c..
No. I I I, rliral,Klift.. Erie.
JOHN ZINISI ERLY.
, t.nt intlroceries aryl l'rovisions of ail kinds, State street, three
doors north of the Dlitnond, Erie.
SMITH JACKSON.
DE t4ra in Dry Goods, Groceries, Hardware, Queens Ware, Lime,
Irma,Naii.,lc.,l2l, elleapside, Eric, PM
etIII , IFT MARVII iiplleifitCr, and Undertaker, corner of State and
Seventh Weep , . Erie.
KELSO &. LOOMIS, •
tir.'t.RAL Forwarding, Prodiice and Conunison lallerchrinult dealers
in coarse and fine salt, Coal, Floater, libingles, &c. Public duck,
n CPi side of the bridge, Erie.
EDWIN J. K kt.so. W. W. Looxw.
V..5.1.KER & COOK.
ifieNrit .1. Forwarding, ConigniFidon and Produce NTereltaiiis;See
mid Ware-house east of theTuldie Bridge. Erie.
G. LOOMIS "& Co
DEALEIII In Watcher.. Jewelry. Silver, German Silver. Plated and
Britannia Ware Cutlery. Military a nd Fancy Coale, State street,
nearly opposite the Eagle Hotel, Erie,
G. Lnomnr,
CARTER & BROTH Ell,
Wriot.r.Ars nod Retail dealers in Drugs, Nledielnes, Paints, Oils,
ityriquiPt, thass,'&e., No. 6, Reed House, Erie. ,
-
JOEL JOHNSON,
t)rtr.En in Theological, Miscellaneous, Sunday and Classical
School Rook., Stationary, Ace. Pork Row. Eric.
'JAMES IStLk,
FANniontst.tt Merchant Tailor, on the public square, a few• doors
west of Ftate street, Erie,
D. S. CLARK,
WIUMEII.t AND lI,F.TAIL Lkalcr in Groccrlm Provi.iong, /Blip
Chandlery, Stone-ware. &c., No. 5. Bunnell Block, Eric.
• O. SPAFKORD.
[Males In Law, Medical, school Miscellaneous Books stationary,
Ink, &c. Stale sl., four doors below the Public square.
DR. 0. L. ELLIOTT.
Resident Dentist; Office and dwelling in the Beebe Block, on the
Bast side of the Public Square, Erie. Teeth inserted on Gold
Plate, from one to an entire sett. Carious teeth filled with pure
and restored to 'health 'and usefulness. Teeth cleaned
with instrinnents and Dentificeso as to leave them of a pellucid
clearness. All work warranted.
S. pICKERSON.
ritypicrA A. A N, Stßagort_—Offict DI his residence on Several' syeet,
oppo,ite the Methodist Church. Erie._
C. B. WRIGHT,
WDOL LA ILE ANDRETAILIIeaIC(/ nDryGoods. Groecries,llardD arc
Crockery, Glnxe•w•arc. Iron Nan, Leather. 01Is, 4c.c., corner of
State t•treo and the public xquare, optathe the F.'pule Hotel .Erie.
JOHN H. BURTON,
w 01. n, M.l AND TUT kII, linter In Drugs, Medieinrs, Dye Stu*,
croeerlep, &e. N0..5. Heed House, Erie. '
ROBERT EL HUNTER.
Drarrk In tlatr, taps and FllOl of all dercriptiote. No. 10, Park
Row • Erie. Pa.,
I)LAIN and Fi g ured He &all all wool, and other cheap Be
Lain,at the store of S. JAC:IV:M.
I 31.:"" Ireneh Cloth trout 82 to etl per lard. for ,alt
S. JAC
LAciTiffrmr7 Green and Cadet mixed Broad Cloths at a
priEen for at at H. JACKSON.
GUELN.
Storajove)arit, BTOWII. and Blue French Ara
moo, for unto cheap at tho Store of B. JACKSON.
BLACK.Moe, 01ard, Striped ana other Fancy Cafxinserea for
safe by S. JACKSON.
Blue.ard tufted Satinets. Tweca9, K ontueiTy Jeans
ace. for is*, cheap by
S. JACKSON.
00 UOXF. a . 141)0W GLASS, Englith, Frenelt rind
Awertrao ? for bale low by CARTER & BROTHER.
. - - - - •
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--
lin
T. M. Arert•
at
SON
Speech of Hon. Jas. Thompson,
OF PENNSYLVANIA.
In the House of Representatives, Nay 1,1850, on
the Census Bill.
Mr. Thompson, of Penneylrwin. said: It has not been
my intention to detain this committee with any extended
remarks the speech which has lust been made by the gen
tlemen front Georgia, [Mr. Stephens. renders It necessary
that! should occupy their attention fora short time. Bat the
gentleman will pardon me when I say, that I cannot per
ceive any great force in the arguments which he advan
ces: and I shall not, therefore, notice them to a very
great extent. I do not understand th'em, sir. They
possess the merit of too much refinement, for a ,merely
common-sense mind to comprehend them. So fares re
gards the eulogy which hits been pronounced by the gen
tleman upon the State of Georgia, I congratulate him,
and I congratulate the State upon her prosperous condi
tion: and I hope she may ever remain so.
This census would he of little use, Mr.' Chairman, if
every gentleman on this floor had nn opportunity to de
clare the statistics of the different States, end have firm
collected and published, through the medium of speeches
or otherwise, ns the gentleman from Georgia has done.
I Ire no doubt the State of Georgia is all sho has been
represented to be. I am glad of her prosperity. But,
air; we have a Wile speck of nullification, about the size
of a moo's finger, rising above the horizon again; and I
have not forgotton the census panic of ISM. which con
vulsed the glorious State of Georgia, notwitlistan9ig all
her property. A story•teller of that day tells dr. with
what horror the chicken man, as the marshal was called,
was regarded by the old women of that country. The
honorable gentleman notifies us now, that ho will be
found side by side with those old ladies, in resisting the
nggression of the census taker, should he again make his
nppenrnnce. I trust that it will be a bloodless war, and
that nobody will he killed, although some tray be killed,
koltheugh some may be frightened.- Tho chickens are
not in this bill, however.
What is the constitutional question, that we hoar so
much said about? 1 beg the committee will give me
.their attention, upon this point for a moment. What is
the constitnlionnl question that has been presented here?
It is said that we bovine power to take these statistics.
My first answer to that is, that it might ho considered an
incident to the taxing _power. Gentleman have read
elaborate documents to show that direct taxes only depend
on the census. Agreed—nobody doubts that. But in
direct taxes depend solely upon the will of Congress.—
That is the whole question. Direct taxes depend 'upon
the census, h:, the express terms of the Coustitutirm.—
Indirect taxes depend upon the will of Congress. Nnw,
suppose Congress should see fit to impose indirect taxes?
Dow ore they to do it withont this, information! Why,
oontlemen seem to think that we shall -do better if we
ael'in the iladt, than if we have lirsht: that we shall di
bottor to remain in iom9raneo. than it we obtain Wm ,
itinn. I know it was once by a port
.... '' re is hi isq 1" hr "
••••• .
ill 'W ., . of this
if we .b4llot
In 1i 4 13. furniture. we
I,ll* th
.u. 4,1
11,,r 'd .• 11l
k,. i 0,1'•! 1111 • 1 other iirtielee
;1.1 on ye( Well, c anno t
wr , do 4 rat ti.l V., Uhl thi. from Geor
gia prefei e I its fir f i t retirees. without know
ing how witch nropeitv •inv description the people of
this Union are pie.sessed of? Stick is big argument.—
Why should wo confine a strict construction of the Con
stitution to direct taxation? The whole scope of taxation
is before us, from which to derive this power. Is it
mccessary for me to refer to the laws 'on our etOtote book=
to show that wo may do that, why may we not derive the
information noccessary to impose direct or indirect taxer.
should it ever become necessary to do so? lint I take
no advantage of a more technicality.
What is the argument of gentleman on the other
=ide? . The gentleman from Georgia says that you
may exercise an incidental power, but you must do
it only when you aro just about to act upon the
principal power. That is the argument of the gentleman
and it is the argument of my highly respected friend from
Texas. [Mr. Kaufman.] -Will those gentleman be so
good as to inform me, by what right wo authorize the
making of harbor improvements? In what part of
tho Constitution is this right to be found t It is. 1 appre
hend. an incident to the power to regulate commerce.—
And when you make it in anticipation of commerce.—'
You made it before any commerce can begin to . enter
such harbor. Commerce may, or may not, be directed
to that IMrbor thereafter. Here, then, yen legislate uppn
the incidental power. and commerce follows, or not, as
circumstances may direct. Now, how do I apply this?
I do it in this way: You are entitled to collect this infor
mation as an incident to the power to levy internal taxes
upon the internal products of the country. 'And if the
time should arrive—though I trust it may never come—
when it will be necessary to ft vy tax-of this kind, you
will be prepared with the requisite information with re
gard to the productive interests of the country. Aniyou
Al thus, too, be prepared to exercise your constitutional
tight in arranging tho tax as it May best oust the inter
iest of the country. Thus it will,be seen that it may be
come the Stasis of legislation at some period.
The.honorablo gentleman from Georgia says, that tqxes
should be direct, in all cases. lam not in favor of air
reet taxes. But I shall not shelter myself behind even
that technicality. I make no argument upon it. Sir,
we possess the power to procure this information upon
another ground. What is tt? It is the right to enlighten
the legislative mind. We have powers that we can exe
cute—constitutional dowers that we are required to exe
cute, and which concern the whole country, and conse
quently affect the Interests of all; and the intelligent exe
cution of which powers pertains to every Member of this
legislative body: and these lights should bo provided for
in every manner practicable, not inconsistent with the
Constitution itself. But! shall not dwell upon this part
of theta:Woo, because I have a few remarks to make in
reply to gentlemen who have participated iu this d:seus
sion.
In the fire place, I must be permitted to say, that 1
have never in my life heard so much argument, so earn
neatly urged, upon such slender grounds..Thero is scear
cely a gentleman who has argued upon the principles in
volved in this bill, who seems to have read tho bill.—
Why, sir, the gentleman from South coronae [Mr.
Wooduierdi the other day described, in the moat depre
cating and exciting terms, the horrors of administering an
oath of on old lady, and requiring her to give answers
to interrogatories. Sir, that was but one of rich pictures
of his own fancy.
Mr, lroodward. Was it not in the Senate bill? .
Mr. Thompson. I was under tho impression that tho
gentleman was talking upon the bill now before tho House
Ni. Woodward. I would Ilk to know which of the kills
is likoly to pus.
Mr. Thompson. I have only to say, that the Sonata
bill contains no such Proposition. There was a section
of the bill which declared, that tho marshal when ho called
upon a family, to ascertain the number of the members,
of such flintily should ascertain tho ages and sexes of them
Nobody was to be DIVOWD to give true replies in regard to
any--of-4hcso statistics.
to
a word of it. Soma one
:umbel' the family is to bo called, end ho gives tho
answers for all. The gontlemaultolls as that ho dislikes
this bill, because it proposes iuqury as to the ages of indi
viduals. Thor° scouts a sort of old modishness about
SATURDAY MORNING, MAY 18, 1850,
some gentlemen—an unwillingness to be questioned as
to ego. I have learned a curiaus fact in regard to this
thing of disclosing the ago of individuals, in the English
stati4tice. It there appears, notwithstanding the slander
is all the other way, that refusals to declare on the part
of the men, (iu taking their census,) were as ten against
one on the part of the females.
liWell, the gentleman says he has read the bill, and Ito
relers the substitute offered by the gentleman from Ohio
[ir.. 'Miller.] But the very thing ho objects to in this
bill, ho encouner in that of the gentleman from Ohio.—
The name, age, and !WC aro required by that bill, or
amendment; and yet, this is what ho objects to in this
bill,.under consideration. How is this to be managed?—
The same questions, sir—the same impertinent inquiries
that the gentleman would not answer: Ho says we are
proposing to send our. marshals to ask a thousand imper
tinent questions.. A thousand, sir? The g6tlentan is
as near the truth as ono hundred and seventeen is to ono
thousand? ~The remark is correct in pecisoly that ratio.
Why do wo ask their) questions with regard to ago? Be
cause wo wont to know the physical condition of the
country. And every census that has been taken. from
0 to thistime, has fontained the same inquiry. The first
census bill that was passed after the Constitution was ad
opted—and passed, too, by a Congress in which were
such Ma as Madison. Sherman, Livingston. and Wash
ington himself at; the head of the Government—contain•
ad a' provision the ages of tho peple of the country.
Those between certain ages were slatiefied—as 'between
five and ten.ten and fifteen, and so upwards.
But there is ono thing more which I must put gentle
men in'miud of while it is on my mind. That' settling
of accounts is always unpleasant ? but it is sometimes
quite necessary. Do you roceolldct, sir, when the bill for
taking the census in 1849 was passed? 1 have no doubt
your hawk's eye was upon it, and that you heard the
speeches that were made upon that oectufion. Now I
claim the attention of the gentlemen from Georgia and
South Carolina, and tho gentleman from ON°. while 1
propounds question in regard to
Mr. Woodward. I havo not the privilege of answer
ing the gentleman
Mr. Thompson. I will arty, so that it may armor in the
report of my speech, that I have the priiilege of
making 4o last spee c h, and that the gentleman from
South Caroiina will not have the privilege of replying.
This is true; but I cannot pass over the point I intended
to allude to before I was interrupted. I must ho allowed to
refer to the act of the list session of Congress on this sub
ject. It is important to see how wo all stand in ,regard'
to this bill. On the first of March, 18 , 16, Mr. Palfrey
asked the unanimous consent of the Ilouse to introduce
a hill; and thid being denied, Ito moved a suspension of
the rule, which being agreed to, ho introduced a bill for
the purpose of limiting arrangements for taking the sev
enth census. Now, what are the provisions of that bill?
I will read it, sir, and see if it does not provide for taking
all limo statistics included in those schedules;
..Th.it i the Secretary of State, the Secretary of the !Dome
Departihent, (ii such °dice is by law created.) and the
P.-tutc,st-r General, shall constitute and' be a board, to
be st~icl the Census Dearth. Ord it shall ho the duty of
the said board to prepare and cause to be printed augh
furies and schedules iy b, nece-nary fur the full
enumeration of the inhabitant" of the United States, and
Aso metier forms and schedules for collecting in statisti
cal tables. under proper heads, such information as to
mines, agriculture, coinnierce, nianufreturos, education.
and other topics, as will exhibit a full view of the per.
suits, industry, education, and resources of the country.
it being provided that the number of said inquiries, ex
elusive of the enumeration, shall not exceed one hundred,
and that the expense incurred in preparing (yid printing
said forms and schedules shall not exceed t n thousand
dollars." .
Did that bill pass? Yes sir, it passed. ow lot me
ask, where was the urgus-eye of the ,go demon from
,Georgia. when the Constitution was thus bout to be v!.
elated by the passage of that bill? Whore was that zeal
ous supporter of the Constitution—the gentleman from
South Carolina, at that limo? Where, too. was the gen
tleman from Ohio? Wore they not in Ciingress?
Mr. Woodward. I was at home, sir.
M. 'Thompson. The gentleman says he was at home.
irp is certainly always at home in this House. This
House was his homo on that occasion. Here tie have
the yeas and nays taken on that same day on another sub
ject, and 1 find—thotigh 1 shall not take up time by read
ing them through-1 tind among the
YEAS—Messrs. St John, Schenck, Shepperd, Sher
rill, Truman Smith, Stephens, Andrew Stowers, Strohm
Talliungc, Taylor, Richard W. Thompson, Toombs,
Tuck, Vinton, Warren, White and Wilson. -
NAYS—Messrs. Thomas, 'limes Thompson, Jacob
Thompson, William Tliompson, Thuston, Venable,
Wentworth. Wick, Wiley, Williams, Wilmot and Wood , .
ward.
I believe this is the gentleman from South Carolina.
Mr. Woodward. I thought the gentleman referred to
the bill for taking the last comma.
Mr. Thompson. No sir, the bill ,that was passed in
March last, for making arrangements for the taking of
the seventh census, together with all those statistics. The
bill passed without objection, for aught that appears unan
imously; and we have the gentleman from Georgia, (Mr.
Stephons,) and the gentleman from Ohio; (Mr. Miller,)
and the gentleman from South Carolina, (Mr. Wood
ward,)' here in this Hall as is evidenced by the yeas and
nayeon the next bill on the same day. Not a word about
unconstitutionality then. Whence this new light upon
the subject. Upoit the final passage of the bill, the vote
was taken without a division, authorizing statistics to be
procured in regard to agriculture, man ufactures,dicont
mince, education, and all the other "topics," and to which
the gentlemen now so strenously object.
Mr. pS':ephens, of Georgia. The bill to which the gen.
man alludes and for which I did not vote, only authorized
the Census Board to prepare tables, to be submitted to
Congress for adoption or rejection.
Mr. Thompson. That will not do. Sir, the bill I have
just referred to makes it the duty of said board to
"Prepare and cause to be printed such forms and sched
ules as may be necessary for the full eamincratiou of
the inhabitants of the' United States, and also proparo
forms and schedules fur collecting in statistical tables,
under proper heads. such information as to mines, agri
culture, manufactures, education and other topics, as will
exhibit a full view of the pursuits, industry, education,
and resources of the country."
Now, sir, where is the reference to Congress to bo made
of these sehodulest The gentleman knows that the
Census Board were authorized to prepare the necessary
schedules, and to print them—print (ham all. Nor a word
about referring the in to Congress. The gentleman's ex
planation will not do. Sir, gentlemen are in such n
in one particular, somewhat like a struggling
animal in a bog, the more it flounders the deeper it sinks.
• Mr. Stephens, of Georgia. The ge . ntleinan from Penn-
Sylvania cannot aupposo that the law which was passed
last }ear for making arrangements for taking the census.
directed that all the information. which might bo alined
for by the , forms to be prepared by the Census Board, was
to bo Collected without the previous action of Congress
with regarifto it. Tho bill directed them to prepare
,ta
bles; but those tables were not to be acted on unless sanc
tioned, by Congress. •
Mr. Thompson. The tables to be prepared were to be
printed; and used in taking the census. I must say to
the gentleman that it seems to mo extraordinary that ho'
should have sat still and allow the time of Congress to be
taken up by gentlemen asserting that such things could
be done. as taking the statistics of agricultune„edueation
and all other topics referred to in that law. while ho
!laved it to bo unconstitutional to do so, without once
raising his voico against it. The gentletnan was bore
woNWARD..ci
when that act was passed; bruise on the same day I
find the name (Mr. Stephens) Fticorded. Well. the same
may be said of the gentleman from Ohio and the gentle
man from South Carolina. They were all here—it was
allconstitutional then. What "change has come _o'er
the spirit of their dreamt" .What has made the gentle
man from Georgia so vigilant now, when so silent before?
I hope I maybe allowed to surmises—l am not Yankee
enough to guess—l will only surmise Xomething that
Might beimpposed to have some influence on the gea
deman's mind—it is only surmise. In ISA the gentle.
man and his party made sad havoc, through the medium
of the chickens of Mr. Van Buren's census law; and
may there not be some little fear that the Old Hero of
Buena Vista may have to suffer hence on account of these
statistics? The gentleman was not so vigilank—so ap
prehensive of danger to this Government, fro M the fol
!action of information a year ago. He had not awakened to
or iliscovered the danger that might arise when.the law
of 1849 was passed. is there not something more in it
than meets the view? Does not the experience of the
past admonish him to be wary. I think it quite possible.
The census bill of 1840 was more minute. and vastly
more objectionable than they present. But the gentle
man's own friends greatly enhanced its features agains t
Mr. Van Buren—about the time Mr. Van Buren had
something to do with a sub•treasury bill—a bill requir
ing specie payments.
Mr. Stephens, of Georgia. I would require of the gon
demon if he moans, to say 1 made such speeches in that
campaign?
Mr. Thompson. I cann s ot•answer as to that.
Mr. Stephens. I can answer the gentleman that I made
•
no such speeches, but thought of that measure just as I
think of this now.
Mr. Thompson. I suppose the gentleman was too
young at that tints to make many speeches. But ! recol
lect ono thing very well. and it is. that Mr. Van Buren
was in favor of tile sub-treasuryand of specie payments.
Well, sir, the whigs, in sonic sections of the country,
circulated caricatures. having the delineation upon them
ofsomething in the shape of a chicken, with immense
claws, uttering, "This is the specie claws." Now, the
gentleman from Georgia remembring the past, may ho
afraid of same of these caricatures in the 'future. Ridi
cule is a very unpleasant weapon, but is no test of the con
stitutionallty or unconstitutionality of a measure.
Sir. in tho bill of last session, the Board of Censor: wee
authorized to prepare, these schedules, without reference
to . congress. Under the bill of 1810, the Secretary of
'State prepared the schedules. Under that of 1820, the
Secretary of State In conjunction with the President,
prepared them. In 1830, the Secretary of State prepar
ed them, arid in 1810. he also prepared them Anil they
were never submitted to Congress, nor was it proposed
that they should be. I remark thio, to show that it was
not contemplated that the work of the Census Hoard was
to he submitted to Congress.
The gentleman from Ohio, (Mr. Miller„)—and I am
very sorry lie is not here; ho is a friend whom I esteem
very highly. and it gives me pail" to differ with !Am—
iens us that the act of 1840 was the first act under which
salsiistics were taken, and although authorized by the act
of 1820. the actwas so far repealed as to disponSe with ta
king them. Never wsa there a greater mistsko. Why, sir in
1810, statistics of agriculture, mannfactures;and of mince,
were taken and published, and the compendium Is to he
found in the State De l partment. In 1820 statistics of manu
facturers were extensively taken and published. In 1830.
an account was taken of alOhese who had not been nat
uralized, and I believe pensioners. Where is the war
rant in the Constitution for this? And in 1840. statistics
of agriculture, manufactures, and minerals, vrero taken
and published to the largest extent. And now, sir. let
me ask, who were the Presidents who sanctioned those
bills and made those laws? The bill bf 1810, which au
thorized the taking'of such statistics, was signed by Mr.
Madison. And I might turn to my friend from Virginia,
(Mr. Millson.) and say, that although I regard him es
highly as any man in the world, yet I might be excused
for following after the dim distant light of Mr. Madison's
view on a constitutional question in:preference to his
brighter light on a similar subject. It is possible I might
arrive at as safe conclusion under such guidance. Mr.
Madison did not think it unconstitutional. We are crea
tures of impulse, and it depends somewhat on our own
CollBtiltdigni what our views of constitutional questions
may be. We ought therefore to pay some deference, in
view of our fluctuating notions in regard to constitutional
questions, toll's!' long-settled and well-established pried
pies that have been laid down by the wisest men of this
country. I have no doubt that if my friend from Virgin
ia had been aware that Mr. Madison had given his sanc
tion to the constitutionality of these inquiries, he would
never have raised an objection upon constitutional grounds
Yet Mr. Madison, in 1810, signed the bill for taking the
census with statistics. Well, how was it in 1820? Mr.
Monroe, another light from Virginia, which has illumi
nated this country—another unquestionable authority up
on constitutional law—signed the bill for taking manu
facturing statistics. The bill of 1830, which contained
the statistics of unnaturalized foreigners. was signed by
that good and great man, General Jackson. And in 1840;
a similar bill was signey by Mr. Vau Buren; and the bill •
of last year by James K. Polk. Aye. sir, and the respec
table old hero of Buena Vista has, given his sanction to
that act. The gentleman from Georgia ought to he aware
that he is likely to come into collision with "Old Zack."
And when the gentoman comes in contact with such men
as Madison, Monroe, and Jackson, I feel that I have tt
right to assume that the weight of authority is rather
against him.
Now let us pee what President Taylor says in regard
to this subject:
"By the act of tho 31 March 1849, a Bond was con
stituted to make arrangements for the seventh census.
composed of the Secretary of State. the Attorney Gen
eral, and tho Postmaster General; end it was made the
duty of this board 'to prepare and cause to be printed,
such forms and schedules as might be necessary for 'the
full enumeration of the inhabitants of the United States;
and also proper forms and schedules for collecting, in
statistical tables, under proper heads, such information
as to minor, agriculture, manufactures, education, and
other topics, as would exhibit a full view of the pursuits.
industry. education and resources of the country.' The
duties enjoined upon the Census Board thus established
having been performed, it now rests with Congress to
enact a law for carrying into 'effect the provision of the
Constitution. which requires an actual enumeration of
the people of the United States within the ensuing year."
And hese is another thing— .
Mr. Stephens. I understand the gentlemen to arty, that
undor the act of 1790, 1800. 1810. and 1820.'agricultu:
rat statistics were collected.
•
Ilfr. Thompson. I did not say tit° act of 1790 and
1600.
Mr. Stephens.. I hove traced the different census acts
from the commencement of the Government down to
.the present period. and I 19ve the tables here that were
contained in each bill. The tables in the oct of 1700 and
1800 authorized pimply an enumeration of the luhubit
ants; that of 1810 the same; that of 1820 nothing more
rind that of 1830 simply an enumeration of inhabitants;
It was not until 1840 that that course was departed from,
It is tree that in 1820 there was authority given to the
collectors of the census to take certain statistics. 'to, be
appended to, but they were not incorporated in the,con
'ens table itself. (here Mr. Stephens read the Tables.]
Mr, Thompson. As I said some time ago, the gentle
man is only likely to be more deeply entangled the more
ho struggles. Not only were statistics collected is 1810
and 1820; but the aggregate of those statistics are to be
[(And in books in the Slate Dipartment. Let us look at
•
the law. ' In the act to amend the act for taking the third
consul,. we find the second section of the act of Ist of
May. 1810. as follows:
"That it shall be the duty of the several marshals, sec-
Marie!, and their ass;staitts aforesaid, nt t o time for ta
king the census or enumeration aforesaid, to take, under
the direction of the Secretary of the Tre sury; and ac
cording to such instructions as he shall give, an account
of the several manufacturing establishments and manu
factures within their several districts, territories, and di
visions. The said assistants shah make return of the
same to the marshals or secretaries of their respective
districts or territories, and tho said marshals or secreta
ries shall transmit the said returns, and abstracts thereof,
to the Secretary of the Treasury, at the same times at
which they aro by this act, and the several nets to which
this act is an additional, required respectively to make
their return'of said enumeration to the Secretary of State.
For the performance of which additional services they
shall respectively receive such compensation as shall
hereafter be provided by law.
"Approved May 1, 1810." • , i ,
Now I wait to know if that is not the law, end if the
gentleman does not beliqve the statute books. I invite him
,to go with me to the Stake Department, and ho will find
published and bound volumes of the compendium of sta
tistics of the census of 1810.
Mr. Stephens. lam perfectly aware, as I said when
1 was up before, that a supplemental act was passed in
1810 which did provide for taking) certain mantifactur
ing statistics; but they are not embraced in the sched
ules of the census bill; whereas, the schedules of statis
tics here are parts and parcels of the law.
Mr. Thompson. The fact is not as the gentleman states
The statistics are part and parcel of the census low of
1810, and schedules were prepared and sent out at the
same time as were those for the enumeration of the in
habitants. Now let us look at, the law of 1820, and 1
will send it to the Clerk, and ask him to rend the tenth
section. 1 have an array of precedents hero that the gen
tleman dares not approach.
The section was read by the Clerk, as follows:
•'That it shall be dm duty of the several otherassist
ants, at the time of taking the said census, to take, un
der the direction of the Secretary of State, according to
such instructions as he shall give. and such form as he
shall proscribe, 'an account ot the several manufacturing
establishments and their manufactures within their sev
eral districts,' and make returns and abstracts to the Sec
retary of State, and 'they shall respectively receive as
compensation therefor, SO per cent. in addition to the
sums allowed by this act.' "-'
Does not this authorize taking statistics!
Mr. Stephens. That is exactly' . what 1 stated when 1
was up before. And the act of 1810 authorized tho Sec
retary of Stito to give directious to the different marshals
to give an account of the various manufactuiing estab
lishments. But what I stated in addition was. that no
such statistical schedule was made a part of the bill, or
adopted by Congress.
Mr. Thompson. I know the gentleman from Georgia
does not wish to be in error, but did hot ho just now as
sort that such statistics were not authorized by the acts of
1810 and 1823. nor by any act until 1840? 'These sta
tistics were authorized by Lew, and were taken, and if be
will take time to step down to my cotninitteo room 1 will
shoi7r him the schedules.
Mr. Stephens. Were they adopted by Congress?—
Were the schedules incorporated in the law? I have re
ferred to those in the statute books?
Mr. Thompson. The statistical information was col
lected under the authority of Cougress, and by law re
quiring it.
Mr. Srtphens. But the gentleman does not confine
himself to the point. These schedules are nut on the
statute books, and Congress is not responsible for them
Mr. Thompson. The gentleman is to some extent right
—tho form of 'Schedules are not upon the statute books.
But soy friend from Georgia is high and dry ashore.—
lie Is altogether aground. The controversy was wheth
er such laws have been passed. I cited them as prece
dents—he denied their existence. Who is right? But I
am told•precedents are of no consequence. Sir, legisla
tive precedents, 1 admit, are not binding, but should
never bo disregarded; when they are disregarded itsiho'd
be with groat caution. I do not mean to say that they
are absolutely binding, because the decisions os Congress
are not infallible; but when legislative precedents have
been scrutinized for years as coming fairly within con
stitutional powers—when they have stood the test of half
a century. and have received the sanction of such names
as those of Madison, Monroe, Jackson, You Boron, Polk
and President Taylor, as 1 have shown, it does appear to
me they should be entitled to some regard. A man must
have a stout heart who will venture to say that he is right
and they are all wrong,
Now, I ask you, sir. and the committee, if, under the
act 0f1790 and the act of 1800, therewas not just as pal
-1 ;sable violations of the constitution committed, if there be
any, as there can possibly be under the provisions of this
bill? If this violates the constitution, then did dui laws
to which I haiilust referred. -Those acts'required the
ages and sexes of individuals to be given. and both re
quired au enumeration of the deaf and dumb. Where is
•the constitutional provision for this. any more than for
statistics? But 1 , am tired of this constitutional contro
versy. Scruples in certain quarters have no end, and to.
I illustrate to what extent constitutional scruples may lead,
Iteannot refrain from relating a story which I heard the
'other day concerning a Virginia gentleman; and Visgi
nines, you know, aro never wrong though sometimes
peculiar. This gentleman became very sick, and it was
feared that he could not recover. An intimate friend
celled upon him to know if he • had - anything to commu
nicate—any last request to make before his departure to
another world. "Yes," said tho sick man. "there is one
thin 1 desire-1 do 'not wish to bo buried at the public
expense, I wish my. friends to provide for my burial."—
"Why." said his friend, "what objection have you to
Wing buried at the public expense—that honor has been
conferred upon many, why not upon you?" "Because,"
replied the other, "I have reflected upon the subject, and
have come to the conclusion that it is unconstitutional."
[A laugh.]
This serves to show the rutin passion of a strict cots
etructionist "strong in death.' I • love old Virginia for
many things, but I em not oullged to he governed by Vir
ginia or °Argils opinions in everything.
Now, a remark or two on anotherpolut, and it is a point
that has been declaimed upon, and reasoned upon, a good
deal. It has boon said that this bill is inquisitorial. In
quisitoriall Sir. these questions in regard to agricultur- '
al pursuits are denounced as inquisitorial. Never was a'
term more misapplied. Is it inquisitorial to inquire or
the farmer what has been the produce aids well cultiva
ted farm. upon which his labor has been bestowed? is hat
Ise has realized from his beautiful and laxurient fields?
or of what number his flourishing and increasing flocks '
consist? or how much, in the aegregate, he has added to
the means of supporting and perpetuating life? Or will
it be inquisitorial to inquire of the manufacturer how
much he has added to the great stock of national wealth?
No, sir; they will be pleased and happy to answer. I
know they will in the North, and so, I believe, will they
be in,the South. I defend the latter against the impute
'lion that thOy would not be willing id answer. Bir,iliere
Is something calculated to elevate the iniud in content-
Plating the additions industry makes to the material that
'feeds and sustains a country: The producers will be
gratified that you ask then for it; and its only effect will
be to Increase the desire to advance their production.—
But who is it that objects to these inquiries? Not the
farmer or manufacturer.: No, sir, it is not; it is the laW
yer. The gentleman from. Georgia and the gentleman
from South Canalina, are lawyers. sir; and others ob
jecting are lawyers.
S 1 50 A TEAR, in Advan
Here Mr, T. was interrupted by Mr. Jones, who said I
em not a lawyer. and l object to it.
Mr. T. It is said, Mr. Chairman, that an exception
proves the rule: end without the least disrespect to il i e
honorable gentleman. [Mr. Jones,] I have consider
him generally an exception to all rules. [Laughter.]—
/ em a lawyer myself. sir. but nevertheless the fact is so,
that lawyers are_non-producers. Sir, if the marshall were
to go round and ask our ancient and venerable profes
sion what they have produced, what they have brought
forth and laid upon the shelf far j uso and sustenance of
life, they would make a sad exhibit. It is instinctivo
with thorn, therefore, not to like such inquiries. No
ono can ever speak truly of the tastes and feelings of
others without occupying their positions. ,hence, not
being producers ourselves, we do not like th'e inquiry,
end mistakingly aeppose that our, sentiments pervade the
minds of others. This is wrong. Those who do produce.
desire 'the inquiry. All these pursuits are public. open.
end notorious. We do not propose to ask any questions
in regard to the money, stocks, jewelry, and other items
of wealth belonging to tire people. The inquiry is only
as to such things as are open. pairiable, discernible by all.
Can this be said to be inquisitorial? The people will not
think so._
I shall be obliged to curtail my remarks, on account of
the shortness of the time • allowed me. I have been some-,
what in doubt, whether or not I should notbe overwhelmed
with responsibility on account of this bill. Perhaps I
may, but I have less fear of it than I felt some time ago.
I will only say, however, in regard to the social statistics
—this seems to he the point of attack, and is most stren
uously objected to—that 1 would like to know of the gen
tleman from Georgia, why we shall not 'readily obtain
answers to these 'inquiries? The gentleman seems to
think that my reply to his inquiry was neither sound nor
fair. He asks me what legislation could bo based on
statistics of disease, 'and he says 'my answer is ingenious
but unfair and deceptive. I have net appointed tho gen
tleman to decide for ma, or to pase.-bpon me. The an-_
•swer I gave was, thatit might be of importance to collect
these statistics, in order that they might afford , a ground
to our action in regard to regulating the price of: the pub
he lands. Another thing that struck me as rendering
these inquiries of importance is this: The world is look
ing upon our country as the home and the asylum of the
oppressed; foreigners are flocking to our shores, and they
will look to these statistics to see how and where life
may lie preserved. Sir, will the information not be of ad
vantage? 'ln reference to the rica'agente i nt of our pub
lic lands, those that are in- an
,un tealthy location, we
iimight give away. We gave le ; ouisiaba an immense
quantity of land, because it was marshy, and it has been
reclaimed by drainage, and may possibly be rendered
productive. .
Mr. Chairman,l must turn my attention for a moment
to niy gallant friend from Indiana; 1 know his modesty
well, and 1 am sure if ha had been aware that Madison,
Vau Buren, and Polk had been ail against him on this
question, ho would have hesitated before lie declared liis
opposition on constitutional grounds. He will, perhaps,
admit that they are entitled to some respect.
Mr. Gorman. Protective duties have been asked ut
tho expense of my agricultural constituents,
Mr. Thompson. And if it bad not been fur the produ,
eers of Pennsylvania, the gentleman and his constituents
might have been subjected to a worse evil than a direct
tax. -They would have hardly existed at all. Sir, is there
any reason why gentlemen should matte war upon the
manufacturers of Pennsylvania, because their products
were injured and depressed, and they made their wants
known to Congress? They have asked nothing that was
improper-in itself; it was their duty to ask and yours to
refuse, if you chose—but is that a reason, a justification
for a continued disposition to war upon them? 1 can tell
the gentleman that among them are men of as much
worth and genuine heart . and intelligence as he is—of
as much cultivation, as much deserving of respect, per
haps, as he is. They have never asked for any thing that
was not in' their belief calculated to sustain the glory of
their country, and its best interests. The manufactu
rers of Puntisylvania are.not wanting in patriotism. 13t t
sir, I must commend myself to patience—l always try to
do so, when I hear gentlemen who know.' nothing of the
subject, talk of the manufacturers' interest in Pennsylvw:
ilia. They never asked for any thing unconstitutional.
[let, let me remind the gentleman that Indiana may have
some sins to answer for too. She has asked for the con
tinuation of the national road; she hai asked for bun-
reds of thousands of acres of public lands for the pur-
rose of constructing railroads. What Indiana has ask
led, Cl:ingress may refuse. Pennsylvania has asked for
nothing she might not ask, or which would be improper
a Congress to grant.
Jilt. Bowlin. The expense of the national road through
'ennsylvania is greater than that through Indiana.
Mr. Thompson. I have said nothing in regard to that
oti say that the manufacturers have asked for oath-
ing that they did not conscientiously believe they were
entitled to receive. This application' of Indiana
was pressed most earnestly at the last session. and if we
rcome to settle accounts, as to the aid which had been re
ceived from this government. I think it will not bo diffi
cult to Show where that aid has been the most freely be
stowed. Talk of baying Pennsylvania with specific du-
ties: 'Sir, I think I might be allowed to say, that if you'
should bait your hook wall with land, you might find it
quite as easy to catch Hoosiers.. [A laugh.]
My friend behind me (Mr. Willson) asks for an answer
to a question he propounds, but I fear my limo wi not
permit me to reply to him. But 'I must make a simple re
mark hi reply to the gentleman. Tho only fault he scene
to find with the bill, is confined to the two last schedu\es
in relation to church statistics. If ho does not like the!,
let him move to strike them out ? : For my own part I
cons der it, important that we sliould collect information
in relation tothe education and morals of the country
generally, But my friend does not stop there. lie
gives us a little commentary on the literary skill with
which the bill has leen drawn up. I am not auswera
ble_for anything but the amendments. It is enough for
me to say, that the gentleman's criticism does not add
.une iota to the strength of his argument in regard to tho
constitnticinal question. I have no doubt had the!kett
demist' drawn the bill it would havebeen faultlesa.
County Surveyor.
The following section ,is contained in the law recently
enacted. providing for the etection of Auditor and Survey.
or General. The new office, la this county at least,
he one of no great profit. •
SECT. s.—The qualified voters of each county of this
Commonwealth shall, on the second Tuesday of October
next, and on the same day every third ,year thereafter,
elect one competent person, being a practical surveyor,
to act as county surveyor for the proper county. fur the
term of three years, who shall do and perform Wattle du
ties, and have and receive all the emoluments now per
taining to respective deputies of the Surveyor Ueneral.
A Fast Train on the N. Y. and Erie Railroad.
%Ye learn from the Buffalo Courier tlicA on slondity,
the 13th., an express train will ho put upon the N. Y.
and Erie Railroad, which will stop only at tho mo.t
ud
forlant points on tho road, and leaving Geneva at hull
past roar in the morning, to arrive at Now Yotk in the af
ternoon. In the warm weather which will soon bo upon
us, this route win Oornmand a large portion of tho pleas
ure tr i ava t, a nd, i 1 ran as proposed, a still larger share of
business travel to New York. The public may look fcw
lively competition between tho two great rival routes to ,
the nictroiro6.
II
NUMBER 1,