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anulher amendment moved by Mr. Evans, of Maine
Mr. PETRIKIN withdrew his amendment.
The question, therefore, was still on the call for the previous question, but applicable now to Mr. Evan's amendment, (which was that contained in a report from the minority of the cominit.ee.) That the stale of the question may be more fully understood, we ioseri, first, the resolutions reported by the majoriiy of the commillee, and moved in the House by Mr. Black, their chairman; they are as follows:
Resolved, That the printing of Congress, unless when otherwise specially ordered, shall be done in the following manner and form, and to be paid for at the prices hereinafter set forth.
For the composition of every page of bills, 85 cents; of rvery page of small pica piain work, 85 cepts; of every page of rule work, $1 70; of every page of brevier rule work, $2 98; and, for a larger form of trevier rule work, in proportion.
For the press work of bills, including paper, folding, and s'i ching, for fifty copies, 212 cents per paze; for four hundred copies, $1 06per page; for the press work of tables, other ihan those in theregular octavo form, for six hurdred copies, including paper, folding, and stitching, $4 674 per form; for the press work of the journals, of nine hundred copies, including paper, tuiding, and stiching, 85 cents per page; for all other printing in the octavo form, of six hund:ed copies, including paper, tolding, and stitch'og, 74 4-10 cenis per page; and for a larger or smaller number in proportiun.
Resolved, That all bills shall be printed on cap or double cap "ized" paper, of quality equal 10 ihat on wbico bills are at present printed, and shall contain rot less than-1,888 p ca ems; joini resolutions shall be printed on the same paper, in the same lypo, and estima:ed in the same way as bills. Every octavo page of printing, in small pica, shall be ex ecu.ed on paper of royal or double royal size, of the same quality as now used, and shail contain not less than 1,732 ems; and every brevier page shall correspond with the above in size and qualily, and shall contain not less than 3,060 ems, The orders of the day and calendar shall be printed in small pica type, on cap or double cap paper of the quality now used for bills; and each page shall canlain not less than 3,325 ems: the composition thereof shall be paid for at and afier the rate of price paid for royal octavo pages of'sin :)! pica; and ihe pie:s work ihereof shall be paid for at the same rate as charged for the press work of bills.
All plain or figure work shall be set in sinall pic2; and, when here are otes or : ide noies, thuy shall be set in brevier. All rule or riile anc-figure work shall be set in small pica, when it can be brought into pages in that type; and when it canuci be brought into pages in small pica, it shall be sel in brevier; and, when it cannot be brought inlo pazes wih cilher, it shall be set in a brevier broadside.
Mr. EVANS, or Maine, one of the minori'y of the same committee, musel the following amendment, in conformity to the report of the minority of that committee:
“That, as it appears by the evidence, two offers have been made to execute the public printing for ibis House, ore at the rate of 25 percent. Irssihan the price fixed by the joint resolution of March 3, 1819, and ihe otner at the rate of 20 per cent. less than the said prices, this Hous: do not deen it expcdient to pay the printers thereof a higher rate of compensation than the prices at which other per. sons are willing to do the work who are compeient to perform il:
Resolred, That the printing of the present House of Representatives, executed since ihe election of the prin'ers lo the House, and hereafter to be execuied, shall be paid for at a reduction from the prices fixed by the joint resolution passed March 3, 1819, ai the following rates, to wi: Per cint. For the price for composition of every pasc
of small pica, plain work, ai a receiton of 10 Of every page of rule-work, small pica, at a reduction of
40 of every page of brcvier rule-work, at a reduction of
Of composition of all other kinds, at a reduction of
15 For the price of press work of every descrip.
tion, including paper, folding, stitching, in-
15 And where an extra number of copies, not
exceeding 5,000, are required, at a reduction,
30 And where more than 5,000 are required 40
Resolvedl, That the accounts for printing shall be made out as heitofore, at the prices fixed by the resolution of 1819; and, in another column, against the amounts carried out against each head of expense, shal be sel down the reduction on each sum at the foregoing rates; and, in a third column, The net amount to be paid agreeably to the foregoing resolution.
Resolved, Tha! when the same document or paper is printed for both Houses of Congress, and the composition of the same is charge.l in the Senate's prin:ing, no charge for comportion shall be made in the House prinung, except for such necessary alteralions of head lines, &c. as is required."
Oa this amendment ihe previous question had been moved.
The question being about to be put on seconding the ca'l for the previous question,
Mr. CHINN mored a call of the House.
The yeas and pays were demanded on this motion, and, being ordered, were taken, and reso led as follows--yeas 70, nays 105.
So the House refused the call.
Mr. BLACK TOS', and wishel to submit some remarks to the House; but, ihe previous question having been moved, he was called to order by many members, and also by the Chair; when he resumed his seat.
The call for the previou: question was seconded, pui, and ca ried; and, the qu stien recur.ing on adopting the amendment of the minority, moved by Mr. Evans, as a substitute for that of the majority, moved by Mr. BLACK,
Mr. GARLAND of Louisiana moved to divide the question, and that the qui siion be first put on striking out the report of the majority, and then on adopting the substitue. On this motion a discus. sinon order arese, in which Messrs. GARLAND, BANKS, and several other gentlemen took part: il was very irregular, several gentlemen rising at the Same me.
The CHAIR decil d that the question lo strike out and inset was indiviibl».
The resolution of the commil.ee and itc propoel substituie wee hea boih lead again.
The que lion was ihon pu: on adopting ue sub. stitute m vias an amendment by Mr. EVANS "f Maine, and decided ly yeas ant na 5, as follow:
IDAS Vessre. A lans, Allord, J. W. Aler, An rern Hi ker, Pluril, Buil, Bachile', Bil, Bricknaty', Allan Drowing Cubou, Bliain 1:eil, Ceri Cung ch!), Chilleutn, Clark, J.inc Cooper, Crabb Cranic!!, Curtis, C, D1116 sun, Delry, Dennis, Deliei, Culwusel lisas, Liesti, Ti!' lore, Nice Grall, Gales, Gey, GKI!!! Csin, Gouws Giwa, Graves, Green, Giantil, ill, W S 1.2 lases, lleury, llit i Va. Hortinan, 1, llung, Charles Jion, Win. Ci Johnco:1. BET, BlanX Criva Marvin, s. Man, Mirchill, Monroe, borzili), 027 Vorting Naylor, Ogle, 0 borne Palen, Teck, Pipe, Piulit, Ramil, Railph, Raiden, karney, Read, Ridgwy, lustli, serleast, Simonton, Slade, Truman Smith, lily, Sons, Stiri, Tuliaferro, W. Thompson, Tillingnasi, Toon, trinkt, Trim bull, Underwood. Peter J. Wagner, Warren, E D While, Jiho White, T.19. Williars, Lewis Williams, dos p L. Witains, Christopher II, "lillians, ant ke-3
VATS-Vesans. Judson Allen, liegl J. Anderson Aletlen, Bank, Beasy, Beirue, Black, Blackwell,
17, Alien V. Brow), AG Brown, Burke, Villium 0. 131.5, Dyn.n), Juu Campbell, Carr, Carroll,Capsam, Chitford, Cules, Cumar, Mark A. Cooper, Wan R. Cooper, Craig, Cross Dana. Da vee, Joan Davis. Dain, Duig, Duncan, Earl, Etsimani, bly, Fine, Fictcher, Fryl, Face Galbraith, Gerry, Griffin, Hammond, Hiiril, John Ila-ines, Iwkins, Hilo N. C.lt len, Ibolleman, 1look, Iowaru, Janeson, Crve Johnson, Nalaniel Juaes, John W. Jonex Kein, Kimble, Kille, Lead better, Led, Leonarı!, Lewis, Lowell, Lucis, clan, de Criloch, Mckay, Mallory, Marchand, Medel!, Miller Nasje tary, Montgom ry, Samuel W. Morris, Nowharu, Parish, Parninter, Paris, Pavuter, Petrikili, Prinzigs, Ramsey, Rey. nolds, Rhell, Elwari Roger, Ryall, W, Shepard, A Sinith, John Smiin, Thomas Sinth park weather, Siernber?, Surone', Suniter, sweringen, Swey, Taylor, Jacob Thompson, Turney; Vanuerpoca, Vrool, D. D). Wagener, Waterson, Well r, Jarci W. Willianis, Henry Willians, and Worthing ton-107.
So the propesid substitute was rejected.
Mr. CCOPCR of Georgia presented the follow. ing, which he wished to move as a substitute for
the resolutions of the majority, and asked that it might be read for the information of the House:
“Wh reas, the House of Representatives has engaged certain individuals to do the printing, which
now in progress of execution, by which this House is laid under obligations to pay for the same, according 10 the fair and rea:onable worth of the work and labor done and to be pertorred; and for as much as ihe price; thereof cannot now be fairly and justly determined by reference to the principle of lovest bidder, it is therefore
"Resolved, That the prices for printing of the House, during the present Congress, shall be fixed on the basis of those of 1819, with a ieduction thereon of fifteen per cent.
The CHAIR decided that it was too late, the p'erious question having been ordered.
The question then recurring on the adopting the resolution ieported by the majoriiy of the commitiee, it war derided by seas and rays as foliowsyeas 175, nays 13:
YEAS-Messrs. Alford, Judson Allen, John W. Allen, Ilugh J. Anderson, Andrews, Atherton, Lanka, Beatty, Beirue, Bell, Black, Blackwell, Brew.ter. Briggs, Brockway, A. V. Brown, Albert G. Br-w), Anson Brown, Burke, William 0. Butler, Bynum, Calhoun, John Campbell, William B. Campbell, Carr, Carroll, Carter, Casey, Chapman, Chinn, Clark, Clifford, Clea, Colquitt, Connor, James Cooper, Mark A. Cooper, Willian R. Cooper, Crabh, Craig, Cranston, Dana, Davee, John Davis, Deberry, Deania, Dellet, Doaní, Doig, Duncan, Earl, Eastman, Edwardy. E y, Fillmore, Fine, Fletcher, Floyd, Galbraith, Rice Garland, Gutes, Gentry, Giery, Gsgin, Goode, Graves, Green, Griffin, Grinnell, Hall, Hammond, Hand, William S. llasungy, John Hastings, Paw s, Hav. kins, Henry, lill of Va. Ilillen, Hotlinan, Iloileman, Hook, Mop. kins, Howard, Hubbard, Hunt, James, Jameson, Charles Johnston, Cave Jhuison, Nathaniel Jen Join W Jones, Keim, Kemble, Kile, Leadbetter, Lect, Leonard. Lewis, Lin coln, Loweli, Lucas, NicCarty, clelian, McCulloh, McKay, Mallory, Marchand, Marvin, 'Mason, Melill, Miller, Monrue, Muntanya, Montgomery, Morgan, Samuel W. Morris, Calvary Morris, Naylor, Newhard, Osborne, Palen, Parishi, Parmenter, Paynter, Pope, Prentiss, Ramy, Randall, Rantlolph, Rayner, Reeu, Reynolds, Rhett, Ruloway, E. Rogers, Russell, Ryall, Shaw, sh pard, Simonton, A. Anth, John Smith, Truman Smith, Thomasinith, Siaply, Stuenrod, Storrs, strong, Stuart, Sunter, Swearingen, Swenev, Taliaferro, Taylor, Jacob T10!pson, Tallinnast, Toland, Tripleli, Turkey, Underwood, Vanderpoel Vruoin, David D. Wagener, Watterson, Weller, Elwani D Thite, John White, Jared I. Williams, Thomas W Williams, llenry Williams, Lewis Williams, Joseph L. Williams, Christopher Hl. Williams, and Worthington-175.
NAYS-Messre. Adans, Baler, Barnard, Cuebing. Dawson, Gillinga, King, Ogle, Parris, Petrikin, Ririden, Sergiant, and Wise-13.
After the calling of the names of members had been gone through Hih,
Mr. CUSHING rise and said he had already voiel, and in the negative, upon the printed copy of the resolutions before hiin; but it might be that the printed copy was errencous, which was what he wished 10 kw. As sristeil, le resolution, Though only a fons} recuotion, was ia clic', according to its terms, a law of Congress, governing Ile Share, and was ih reore uncnstitucional.
The SPEAKER said it "as now 100 late to amend he resolution.
Mr. BLACK sail he was qui'e willing that ilie error, which was a misprid', shovid be corrected by mlibctiluting for the printing oi Cong css" that oi the "Clouse of R-presenta'ives.”
'The SXEAKER said it was 10:V fou luie, unless by general cos seat.
Mr. BLACK. Tie if there be no objection I movetlaritle corraciel.
The motion was objecte: io by the Whig pary genera'ly.
Mr. B said: Thon lut it stand.
Mr. CUSHING ibon said that he must adhere to his vote in the negative.
S, The re; ort of ihe comitire (in favor of fifcena per cent. zełuction) was agreed 10.
Mr. R. GARLAND moved to recoinmit lhe residue of the report, viz: that part wbich relates to separating the public printing from the political press, with irs ructions to report the bill, a projet of which is contained in the minorily's report.
Mr. BLACK reminded the House that the majority of the comm liee had reported no bill, but a re olulion.
Tre reading, both of the bill proposed by the mit ority and also of the resolution reported by the majori y, was demanded.
They were read accordingly.
Mr. ATHERTON moved to lay the whole subject on the table.
Mr. WISE demanded the yeas and naye, which
were ordered and taken, and resulted as followsyeas 104, nays 89.
So the subject of the separation of the printing from newspaper establishments was laid on the table.
INDEPENDENT TREASURY BILL. Mr. JONES of Virginia said he rose for the purpose of enabling him to submit a motion, that the House resolve itself into Committee of the Whole on the state of the Union.
Mr. J. said, in so doing, he decmed it fair and proper to state, that in case the House should go into committee, he would then ask the committee to take up the Independent Treasury bill. He expressed a hope that he should have the co-operation, not only of the friends of the measure, but also of its opponents, who, on other occasions, had expressed their apprehensions, that it was the intention of the supporters of this Administration not to act upon the bill at the present session of Congress. He concluded by submitting his motion to suspend the rules, and on it he asked for the yeas and nays.
Mr. WM. COST JOHNSON wished to know if the gentleman from Virginia would not consent to modify his motion so as to embrace other business.
Mr. WISE wished 10 have a fair understanding on the maiter. If this was a motion to go into committee on a particular subject, he woulil oppose it; but if the motion to go into committee was general, he would support it.
Mr. JONES explained that his motion was to suspend the rules for the purpose of going into Committee of the Whole generally. But he had expressed his intention, in case the motion should be carried, to ask ihe committee to take up the Independent Treasury bill.
The question was then taken on the motion to suspend the rules, by yeas and nays, and resulted as follows: yeas 117, nays 83; not two thirds:
YEAS-Messrs. Alford, Judson Allen, Hugh J. Anderson, Atherton, Banks, Beatty, Beirne, Black, Blackwell, Brewster, Albert G. Brown, Burke, Sampson II. Butler, Bynum, Wm. P. Campbell, Carr, Carroll, Casey, Chapman, Clifford, Coles, Col. quitt, Coonor, Mark A. Cooper, William R. Cooper, Craig, Crary, Dana, Davee, John Davis, John W. Davis, Dawson, Doan, Doig, Duncan, Earl, Eastman, Ely, Fine, Fletcher, Floyd, Fornance, Gaibraith, Gerry, Griffin, Hammond, land, John Hasungs, Hawkins, llil of Virginia, Hill of North Carolina, Hillen, Holleman, Holmes, Hook, Hopkins, Howard, Hubbard, Cave Johnson, Nathaniei Jones, John W. Jones, Keim, Kemble, Kilie, Leadbelier, Leel, Leonard, Lewis. Lowell, Lucas, McCiellan, McCulloch, McKay, Mallory, Marchand, Masnu, Medill, Miller, Montanya, Montgomery, Barnuel W. Morris, Newhard, Parish, Parmenier, Parris, Paynter, Petri. kin, Prentiss, Rainsey, Reynolda, Rhett, Edward Rocers, Ryall, Shaw, Shepard, Albert Smith, John Smith, Thos. Smith, Stark weather, Steenrou, Strong, Sumter, Swcaringen, Sweney, Taylor, Francis Thomas, Jacob Thompson, Turney, Vander. poel, Vroom, David D. Wagener, Watterson, Weller, Jared W. Williams, Henry Williams, Joseph L. Williams, and Wor. thington-117.
NAYS-Messrs. Adams, John W. Allen, Andrews, Baker, Birnarı, Bell, Briggs, Brockway, Anson Brown, Ca houn, Carter, Cinn, Chillenden, Clark, James Cooper, Crabb, Cranston, Crockell, Curtis, Cushing, Deberry, Dennis, Dellel, Edwards, Evans, Everell, Rice Garland, Gates, Giddings, Goggin, Goode, Graham, Green, Grimell, Hall, William Hastings, Hawes, Henry, Hoffman, Hunt, James, Charles Johoston, Wm. Cont Johnson, King, Lincoln, McCariy, Mitchell, Monroe, Morgan, Calvary Morris, Naylor, Ogle, 0.borne, Palen, Peck, Pope, Randall, Randolph, Rariven, Rayner, Reed, Ridgway, Russell
, Sergean, Simonton, Slade, Truman Smith, Slanly, Start, Ta liaferro, Tullinghiasi, Toland, Tripleti, Trumbull, Unilerword, Peter J. Wagner, Warren, Ellward D. While, John White Thomas W. Williams, Lewis Williams, Christopher II. Wil. liams, and Wise-83. So the rules were not suspended.
On motion of Mr. BANKS, the House then proceeded to the orders of the day.
The following engrossed biils were taken up, read the third time, and passed, viz:
A bill for the relief of William J. Roberts and William Detherage;
A bill for the relief of John Roberts; and
A bill for the relief of the widow and children of William Grant Davidson.
The bill entitled "An act to amend an act to remit duties upon certain goods destroyed by fire at the late consagration in the city of New York in December, 1835," passed July 7, 1838, was taken up on the question, Shall it be ordered to be engrossed for a third reading?
Mr. CURTIS moved an amendment, providing that all appropriations for relief under this act, and the act to which this is a supplement, shall be filed with the commissioner in six months after the pas. sage of this act.
Mr. RHETT moved an amendment to the amendment, so as to make the principle of relief in The bill generalto make ii extend to other cities where goods have been destroyed by fire..
The question was taken on the amendment to the amendment, and rejected.
The question recuring on the original amend. ment, it was agreed to,
Mr. CURTIS moyed the previous question on ordering the bill to be engrossed.
Mr. RHETT moved a call of the House; which the House refused.
Mr. CONNOR moved to lay the bill on the th ble, and on ihal motion demanded the yeas and nays, which were ordered, and were-yeas 73, nays 93.
So the House refused to lay it upon the table.
Mr. PARRIS moved a called of the Hou e; and on that motion demanded the yeas and nays; which were ordered, and were-Seas 60 nays 100.
The call was refused.
The previous question was seconded; and the question being, “Shall the main question be ordered?"
Mr. THOMPSON of Mississippi demanded the yeas and nays; which were not ordered.
The main question was then ordered; which was, "Shall the bill be engrossed for a third reading?" and on that motion,
Mr. PETRIKIN demanded the yeas and nays; which were oriered, and were-yeas 87, nays 80.
The bill having been engrossed, and the question being on its passage,
Mr. HUBBARD demanded the yeas and nays; which were ordered.
Mr. PETRIKIN moved to refer the bill to the Committee on Coinmerce, and made some remarks in support of the motion.
Mr. PROFFIT called for the previous question, which was seconded-ayes 65, nces 63.
Mr. TURNEY (emanded ihe yeas and nays on ordering the main question, which were ordered, and, being taken, were-yeas 69, nays 83, as follows:
VEAS-Messrs. J. Q. Adams, John W. Allen, Andrews, Ba. ker, Barnard, Bell, tridele, Brockway, Carroll, Chinn, Crillen. den, Clark, James Cooper, Cranston, Crocket, Curtis, Cushing, Davies, Deller, Doig, Lulwards, Evans, Everett, Filimore, Fine, Floyd, Rice Garlanı, Gates, Gentry, Goodle, Graves, Gunnell, Hand, W.S. Hastings, llawre, IT Hen, Iloilomin, Howard, James, Kembe, Lincoln, Mason, Monroe Morgan, Ogle, Peck, Proffit, Randal! Randolph, Rariden, Reil, Ridgway, Russell, Sergeant, Truman Smith, Stanly, Storrs, Stuart, Waddy Thompeon, Til. linghast, Tulant, Triplett, Trumbull, Vanderpael. Eilward D. White, John White, Thomas W. William, oloseph L. Williams, and Wise-69
NAIS--Messrs. Ilugh J. Anderson, Banks, Beatty, Beirne, Black, Blackwell, Burke, William B. Campbell, Carr, Casey, Chapman, Clifford, Coles, Connor, Mark A. Cooper, William R. Coopei. Crabb, Davee, John Davis, Daweon, Doan, Duncan, Eastman, Fornance, Gerry, Griffin, Hammond, John llastings, Hawkins, John Hill of N. C. Holloman, Holmes, Hook, lubbard, Cave on, Nathaniel Jones, John W. Jones, Keiin, Kille, Leadbetter, Leet, Lewis, Lowell, Lucas, McClellan, McCulloch. McKay, Marchand, Med:ll, Miller. Samuel W. Morris, Newhard, Paris, Permenter, Parris, Paynter, Petukin, Pope, Ramsey, Rhell, Ryall, Shaw, Albert Smith, John Smith, Thomas Smith, Surkweather, Steenrol, Sumter, Swearingen, Sweney, Taliaferro, Taylor, Francia Thomas, Turney. Under: wood, David D. Wagener, Weller, Wick, Jared W. Williams, Henry Williums, an: Lewis Williams-83.
So the main question was not ordered.
The cffect of this voie, by the rule, was to put the bill from under the consideration of the House for ibis day.
Mr. HUBBARD moved that the House adjourn; which motion, by yeas 37, pays 89, was rejeced.
On motion of Mr. R. GARLAND, the bill for the relief of Mary Tucker, was postponed till Saturday weck.
Mr. RUSSELL moved that the House go into committee on the bil's enumerated on the three first pages of the privale calendar;(n which motion no quorum voted.
Mr. BRIGGS moved a call of the House.
Mr. HUBBARD moved an adjournment, but subsequently withdrew the motion.
After some conversation between Messrs. STANLY, PETRIKIN, and BRIGGS
Mr. BRIGGS asked the yeas and nays on the motion thai there be a call of the House, which were ordered, and, being taken, were: yeas 79,
Mr. ANDREWS asked the yeas and Days on that motion. He was not disposed to trifle; and if. gentlemen would have a call of the House, let them go through with it.
Mr. BRIGGS then withdrew his motion to suspend; and the call proceeded, when 136 answered to their names.
Mr. BANKS said there was a quorum present; if there was any intention to do the private basi: nese, they had betier dispense with all further proceedings in the call: he moved to suspend further proceedings.
Mr. ANDREWS asked the yeas and nays; which were not ordered.
Mr. PETRIKIN asked for tellers; but the call was not sustained.
Mr. HUBBARD said mamy gentlemen had gone out of the House since they had answered to their names on the call of ihe roll.
And the question being then taken on the motion to suspend all further proceedings on the call, it prevailed by the vote of 80 to 21, a majority of the members present, but no quorum voted.
Mr. R. GARLAND then renewed the motion that the House go into committee.
Mr. ADAMS demanded the yeas and Days, which crdered, and, being taken, were, yeas 123, nay's 0.
So the motion was agreed to; and a quorum was ascertained to be present.
And, at fuur o'clock, after an hour and a half spent in motions to adjourn, and a call of the House, the House went into Committee of the Whole (Mr. Briggs of Massachusetts in the chair) on the three first pages of the private calendar.
The commillee look up the bill for the relief of Andrew Law, assignee of Law, Taylor, and Co.
The report baving been read
Afier some remarks from Messrs. PETRIKIN and M. A COUPER,
Mr. PETRIKIN moved 10 strike out ihe enacting clause.
A discussion followed, in which Messrs. ADAMS, DAWSON, M. A. COOPER, CRAIG, and SERGEANT, participated in favor of the bill, and Messis. RHETT and PETRIKIN in opposition.
The question on the motion to strike out the enacting clause was taken, and the vote stood_ayes 40, noes 60–70 quorum voting.
The CHAIR requested the members without the bar to come within the bar and vote; when a count having been again laken, the vole stood, yeas 40, nays 56, (stili no quorum voting.)
The comittee then rose, and the chairman reported to the House ihat the committee found it. self without a quorum.
Mr. HUBBARD (at a quarter before 5) moved that ihe House adjourn. On which motion, Mr. R. GARLAND demanded the yeas and nays; which, being ordered, were, yeas 43, nays 68.
So the House refused to adjourn.
And, afier several ineffeciual motions for a call of the House, yeas and nays, &c.
The House adjourne?.
HOUSE OF REPRESENTATIVES,
SATURDAY, May 16, 1840. Meessg. C. H. WILLIAMS and BANKS, by consent, presented additional testimony in relation to claims now before com: mittees
Mr. BRIGGS made some remarks in relation to the unconsti. tutionality of the resolutions passed by the House on yesterday, reducing ihe price of the public printing filieen por cent. Не argued that, in its preseni form, it would be a periert nullity; in. asmuch as the House could not, by a simple resolution, annul the law of Congicss fixing the pricee. For these, and other considerations, he moved å rcconsideration of the vote on the adoption of the resolution.
Nr. SMITII of Indiana made a few remarks to show the im. portance of transacting the business of the country; and, to attain that end, moved to lay the motion to reconsider cn the lable.
Mr. BRIGGS demanded the yeas and nays on that motion; which were ordered.
Mr. EVERETT inquired of the CHAIR whether, if the motion to lay on the table the motion to reconsider prevailed, it did not SU Spend ihe operation of the resolution.
The CHAIR was understood to say that it suspended its pag. Mr. L. WILLIAMS moved a call of the House, and on that motion demanded the yeas and nays; which were ordered; and were--yeas 72 naye 94.
The question recurring on the motion to lay the motion to reconsider on the table;
Mr. SMITH of Indiana said he would withdraw that motion; and moved the previous question on the mouion to reconsider; which motion received a second; and the main question having
So he call was ordered.
And, a quorum being now present, Mr. BRIGGS moved to suspend proceedings on the call.
Continued from No. 25. been ordered, which main question was, “Shall the vute be reconsidered?"
Mr. RANDOLPH demanded the year and nays; which were ordered, and were-yeas 61 nays 93. so the House refused to reconsider the Vote.
Mr. DAVIS of Pennsylvania asked leave to offer the follow. ng resolution:
Resolved, That from and after Monday next, this House will take a daily recess from two ull hall pasi three, p. m.
Objection being made,
On that motion, Mr. HOFFMAN demanded the yeas and nays, which, being ordered, were--yeas 130, nays 40.
So the rules were suspended.
And the question recurring on the adoption of the resolu. tion,
M. SMITH of Maine moved to amend, by inserting "half past Ewouill four o'clock."
Mr.DAVIS accepted this as a modification of his resolution, and the question being on the adopunn of the resolution as molified,
Mr. BARNARD moved further to amend, by a resolution pro. viding that on and after Monday next, the blouse do meet ai 10, a. m. and adjourn at 4, p. in. which was disagreed to.
The previous ques:ion on the resolution was then moved, put, and carried, and the resolution agreed to without a count.
So on and after Monday nexe, ine House will take a daily recess from half past iwo till four p. m.
Mr. McKAY said there had been a letter received this morn. ing, and laid on the table, from Messrs. Blair and Rives, in rela. tion to the prices paid for the public printing; and asking that the prices for figure work anu brevier inglit be fixed. le wished that letter referred to the Select Committee, of which the gentleman from Georgia was a member, with instructions to report thereon. He accordingly made a molion to that effect.
Mr. PROFFIT objected, and the motion could not be then entertained.
Mr. BANKS, on leave, presented, on behalf of Mr. CAMPBELL, then absent on the Committee of Elections, certain eviJence in relation to the erection of a beacon and light-house, Dear Georgetown, South Carolina, which, on his motion, was reierred to the Committee on Commerce.
Mr. DAVIS, of Kentucky, novel to amenilihe 93th Rule of the House, so as toappoint a standing committee on the public proting. Objection being made,
Mr. DAVIS moved a suspension of the rules, which motion was negalivell.
The SPEAKER then called on the standing committees for reports; when
fr. RUSSELL, from the Committee of Claims, reported back to the House, with an amendment, Senate bill entidest an ac for the relief oil. Lucas, which was committed to the Coin. mittee of the Whole.
Also, reported back to the House, with an amendment, Senate bi'l entitled an act for the relieor Alfred P. King; which was committed !o the Committee of the Whole.
Mr. BURKE, from the Committee on Commerce, reported back to the House, without amendmens, Senate bill entitled an act for the relief of the steam!:02. Company of Niniackut; which was committed to the Committee of the whole.
Also, reported back to the House, without ainendment, joint resolution of the Senate directing the purchase of 250 copies of Jones's Digest of the Tacitt, to be deposited in the library or Congress; which was real; and
On mo:ion of Mr. P&TRIKIN, who made some remarks in opposidon to it, referred to the Committee of the Whole, and made the order of the day for to-morrow.
Mr. LINCOLN, from the Committee on the Public Linds, reported a bill confirming to the Territory of Iowa a trace of land for the purpose of erecting public buildings thereon; which was read iwice; and
On motion of Mr. L who said the bill was a mere matter of form, ic having been engrossed, was read the third time, and passed.
Mr. L. from the same committee, reported a bill granting to the county of Johnson, in the Territory of Iowa, the right of preemption in a tract of land for a seat of justice for the said county; and repealing the 2d section of the act heretofore passed on the 31 of March, 1819, entitled an act making a donation of land to the Territory of lowa, for the purpose of erecting public build. ings thereon; which was read iwice, and commitied.
Mr. MASON, from the Committee on the Public Lands, re. pored back to the House without amendment, Senate bill cotitled an act to authorize the registers and receiver of the land officers to alminister all the oaths necessary to persons, in relation to the entry and purchase of land
After a few remarks hy Mr. HUBBARD of Alabama, to press the passage of the bill immediately,
MC DAVIS of Indiana inquireil whether any provision was male in the bill to fix the ives for administering the oaths; which he said gwould be done. Mr. MASON was understood to reply in the nerative. After a few remarks from Mr. UNDERWOOD),
Mr. R. GARLAND contended that some provision should be Made to fix the fees for almindering the oath as intimated by the gentleman from Indiina, (Mr. Divis] The registers and receivers, he said, were in the habit of charging whatever they pleazed as sees. He knew a case in his diserice where one of those officers charged a gentleman $22 as fees for the entry or forty acres of land under the pre-emption act.
Mr. DAVIS of Indiana then moved an amendment, providing that the registers and receivers should not directly or indirectly receive any compensation for administering such oaths; which was agreed to
Mr, UNDERWOOD then made further objections to the bill, cod
After a few remarks by Messrs. REYNOLDS and CRARY, a verbal amendment was made to the bill.
Mr. ¡UNDERWOOD moved an amendment, making it the duty of the Commissioner of the General Land Office to give
information to any individual who may make opp ication for that purpose, of the name and residence of the persons owning lands me any sectioa or the country.
Mr. CUSUING objected to the amendment. It would give specula!ors, by the information that they inight obtain from the Commissioner, an opportunity to impose upon the old sol. diers who had rece ved bounty latius from the United States,
Mr. REYNOLDS said, it the Commissioner was bound to answer all the letters for information from every part of the United States, consequent upon the passage of socha provi. gjon it would consume all his time. Ile coincided with the views expressed by the gentleman from Massachusetts, [Mr. CUSHING] He miglit seculate himselfoccasionally, but he did not consider it right to afford an opportunity to these speculating gentlemento impose upon the old solliere.
Alier a few further remarks by Mr. CUSHING in opposition to the amendment,
Mr. STEWART said he represented a district which was much interested in this provision. He argued that it would not be for the benefit of the speculators, as intimated; but that he had received letters from farmers who were not speculators, calling for information of the kind which this amendment was intended to meet. He had introduced a resolution caliing upon the Commissioner for all the information, giving the names and the residence of the landholdere, which was adopied by the House. He contended that it would be for the benefit of the old soldiers, many of whom had their lands sold for taxes under the Jaws of Illinois; and who, in all probability, were not aware of that facr; and were barred from any claim to the lands thus sold after the expiration of a certain period. And if the informa. tion of the names ofthe persons and residence could be known, such a result might be prevented.
Mr. MASON argued that the information on tho public re. cords should be made free to all; that it should not be locked un, subj”ce to the disposition of the Commissioner. The power of the Commissioner might be converted to a species of favoriuism He might, if he chose, give information of the kind required to a friend, and withholil it from an enemy. He was in iaror or the adoption of the amendment.
Mr. CASEY Ud not consider the amendment necessary, in. asmuch as all the information which could be required would be reported to che lause under the resolu:ion preported by his colleague, (Mr. STEWART,) and would be free for the whole country.
Atr. 'UNDERWOOD replied that the information under that resolution would apply only to military lands.
Mr. CASEY said the rule ofihe Deparment refusing information did not apply except to military lands.
Mr. UNDERWOOD was not aware of that fact. The amend. ment would however do no harm.
Mr. HUBBARD said the question was one totally discon. nected with this bill. lle movelthe previous question, which was amended, and the main question ordered; which main question being first on the adoption of the ameniment,
The question was taken by tellers (Messrs. Johnson of Ma. ryland and IOWARD accióg as such) who reporteu--ayos 55, nacs 90; so the amendment was rejected.
The question then recurring on ordering the hiļl to be en. grossed for a third reading, it was carried in the affirmative; and the bill having been engrossed, it was read a tinird time, and passed.
Mr. MASON, from the Committee on the Public Lands, re. ported back to the House, without amendment, Senate bill entitled an act to revive an act authorizing certain soldiers of the late war 10 surrender hounty lands drawn by them, and to enter others in lien thereof, and for other purposes; which was read the third time by special order, and passed.
Mr. M. also, f om the same committee, reported back to the House, with an amendmeni, Senate bill entitled an act to dis.. continue the office of Surveyor General in the several land districts so soon as the surveys therein can be completed, and for abolishing the land offices, u. der certain circumstances; and for other purposes; the amendment was concurred in, and the bill was committed to the Committee of the Whole.
Mr. M. also, from the same committee, reported back to the House, without amendment, Senate bill entitled an act autho. rizing the relinquishment of the 16h sections, granted for the use of public schools, and the entry of other lands in lieu there. os; which was committed.
The morning hour having expired, to which the reception of reports of coinmittees was confined,
Mr. MASON of Ohio moved to suspend the rules, to submit a motion that another hour be granted to the committees to re. port; and the question being put, the House refused to suspend the rules for that purpose.
On motion of Mr. RUSSELL, the House then passed to the orders of the day.
Engrossed Senate bills on the Speaker's table, of the follow. ing titles, were then taken up and passerl, viz:
An act for the relief of the legal representatives of David Stone;
An'act authorizing Sippican and Mattapoisett, within the township of Rochester, in the State of Massachuselis, to be known hereafter as ports of entry, under those names.
Joint resolution of the Senate, authorizing the appointment of a Select Committee to investigate into the contract of the Jate Secretary of Sate. Edward Livingston, with Clark and Force, for the compilation and publication of a Documentary History of the United States, was read iwice, and, by special order, the third une, and passed; and,
On motion of Mr. EVANS, a committee of five was appoint. ed on the part of the longe.
The bill next in order was the bill explanatory of the act for the relief of sufferers by the great fire ai New York. The bill having been previously read a third time,
Mc. PETRIKIN moved the previous question on its passage.
The call for the previous question being seconded, the main question was ordered to he put. And the main question being on the passage of the hill, it was taken by yeas and nays as lol. lows: yeas 50, nays 95.
So the bill was rejected.
Mr. GRIFFIN of Souih Carolina moved a reconsideration of the vote by which the bill had been rejected,
On that mo:ion Mr. HUBBARD called the previous ques. tion, which was seconded, and the main question ordered w be put.
And on the main question, (being on the motion to reconsider) Mr. CONNOR demanded the year and nays; which being ordered, were--year 78, naye 56.
so the House refused to reconsider.
On motion of Mr. RUSSELL, the House then resolved itself into a Committee of the Whoie, (Mr. Briggs in the chair,) and resumed the consideration of private balls on the calendar.
The first bill in order was the bill for the relief of the assignee of Law, Taylor and (o.
The qu stion pending being on the motion to strike out the enacting clause, it was opposed by Messrs. EVERETT,RHETT, HABERSHAM, and COOPER of Georgia.
The question then being taken on the motion to strike out, the ayes were 35, and the noes 72—no quorum.
The committee then rose, and the Chairman reported that fact to the House.
Mr. WISE said it was a notorious fact, that on private bill days there was seldon or ever a quorum; and if gentlemen would persist in dividing the committee, gross injustice would be done to the parties concerned. He therefore moved an adjournment.
On the motion, Mr. ANDREWS demanded the yeas and Rays; which were not ordered.
Mr. WISE said, is the llouse would, by common consent, go back into Committee of the Whole, he would withdraw the motion to adjourn.
Mr. ANDREW3 said he would not consent to any such arrangement. The House had power to compel the attendance of members, and he wished the power to be exercised.
Mr. WISE. Then I will not withdraw the motion.
The question on the motion to adjourn was then taken by tellere, and resulted--ayes 50, noes 61.
So the House refused to adjourn.
On that motion, Mr. ANDREWS demanded the yeas and nays; which being ordered were--yeas 51, nays 68.
So the call was not ordered.
A quorum being now present the Jouse again resolved itself into a Committee of the Whole, and resumed the conside. ration of the hill pending which it had risen.
Mr. PETRIKIN withdrew his motion for a divsion on the motion to strike out the enacting clause.
The question on striking out was then taken, and negatived without a count, and the bill laid aside to be reported.
The next bill was a bill for the relief of Benjamin Adams and Co, and others.
Mr. PETRIKIN moved to strike out the enacting clause, and in advocating the motion, he was quoting, in a general way, what had formerly been said on the floor of the House, relative to the waste and extravagance of the Democratic party and the present Administration; and that, when the Whigs were cold they had voted for the bills granting the suis complained of as extravagant, they replied that the Deowocrats had ihe majority, an ought to have prevented the passage of all improper laws: "Pass these hills, voting away a million of money, and we will be again told, the Democracy had the majority in the House of R presentatives; why did they pass such bills?” Mr. P. was called to or 'er hy the CHAIR for irrelevancy.
Mr. PETRIKIN contended that he was in order, inasmuch as he intended to show that the passage of this bill was impolitic, and wrong in principle. He therefore took an appeal from the decision of the CHAIR.
And the question being on the appeal, some debate arose be. tween Messrs. MORGAN, GARLAND of Louisiana, DAVIS, and others, as to whether the appeal was debalable.
Mr. GARLAND of Louisiana referred to the rule of the House, which declares that an appeal is not debatable.
The question was then taken by tellers on sustaining the deci. sion of the Chair, and resulted--ayes 67, noes 53: no quorum.
The committee then rose, and the chaii man reported that fact to the House.
Mr. ANDREWS gave notice that he would, on Monday, move a reconsideration of the vote, by which the House had ordered a daily recess.
Mc. WELLER moved an adjournment.
On that motion, the yeas anú nays were ordered, and were-yeas 63, nays 60.
So the House adjourned.
MONDAY, May 18, 1840. ? The CHAIR laid before the Sena é a report of the Secretary of the Navy, made in obedience to a resolution of the Senate, on the expediency of adopting the improved boarding pistols and rifles invented by Samuel Colt: which was read, and refer red to the Committee on Naval Affairs.
Mr. WRIGHT presented a remonstrance from a largo number of merchants, of the city of New York, against the passage of the bill to ensure the more faithful execution of the laws rolating to the collection of duties on imports.
M: CALHOUN presented the memorial of the heirs of Thomas Farrar; which was referred to the Committee on Pensions
Mr. WALKER presented the memorial of the President and Directors of the Grand Gulf Railroad and Banking Company, praying a remission of duties on certain railroad iron; which was referred to the Committee on Finance.
Mr. W. also presented a menorial of citizens of Rankin county, Mississippi, praying the passage of a general bankrupt law, which was laid on the table.
Mr KING presented the memorial of the Alabama and New Orleans Railroad Company, praying a remission of duties on certiin railroad iron; which was referred to the Committee on Finance.
Mr. K. also presented the memorial of Auguste Dave. zac; which was referred to the Committee on Foreign Relations.
Mr. TALLMADGE presented the petition of inhabitants of Livingston county, New York, for the release of William Ly. ons Mackenzie; which was laid on the table.
On motion by Mr. SEVIER, the petition and papers of Captain Fitzgerald were permitted to be withilrawa from the files of the Benate.
Mr. WALKER, from the Committee on the Public Lands, to which was referred thc bill lo confirm the survey and location of claims for lands in the State of Mississi, pi, east of Pearl river, and south of the 31st degree of north latitude, reported the same withont amendment.
Mr. DAVIS, from the Committee on Commerce, to which was referred the petition of Frith, Smith, and Co. made an ad. Verse report thereon; which was ordered to be printed.
Mr. D also, from the sam- committee, to wluich was referred certain documents exhibiting the relative consumption of oil in light-houses by means of reflectors and lenses, inaile a favora. ble redort thereon; which was ordered to be printeil.
Mr. PRESTON, from the Committee on Military Affairs, 10 which was referred a memorial of the State of Kentucky, for & restitution of certain arms furnished by that State for the use of the General Government, reported a joint resolution on the subject; which was read, and ordered to a second readi:g.
Mr. STRANGE, from the Committee on the Judiciary, to which was recommitted the bill for the relier of Thomas L. Winthrop and others, made a special report thereon; which was ordered to be printed.
Mr. KING, from the Committee on Commerce, reported a bill for the establishment of ports of entry in the States of Missouri and Arkansas, and to allow debenture in ceriain cases; which was read, and ordered to a second reading, and the docu. ments connected there with ordered co be printed.
Mr. K. also, from the same commillee, asked to be discharged from the further consideration of the petition of David E. Brockelt; which was agreed to.
Mr. K. also, from the same committee, asked to be discharged from the further consideration of various memorials relation to a new custom-house in the city of Philadelphia; which was agreed to.
Mr. WHITE, from the Committee on Pensions, reported a bill for the relief of William Raud; which was read, and or dered to a second reading.
Mr. ROBINSON, from the Committee on the Post Office and Post Roads, to which was recommitted the bill for the relief of Avery, Saltmarsh and Co. reported the same without amend. ment.
Mr. ALLEN submitted the following resolution for conside. ration:
Resolved, That, after to-day, the Senate will take a daily re. cess from half past 2 o'clock, p.m. to 4 oclock, p. m.
The bill for the relief or Francis Cazeau was read a third time, and passed.
The bill for the relief of Richard Robertson was taken up, as in committee of the whole, and, after being discnssed by Messrs. CLAY of Alabama, WILLIAMS, HUBBARD, and TAPPAN, was indefininitely postponed-yeas 21, noes 12.
GENERAL BANKRUPT LAW. The bill to establish a uniform system of bankruptcy through out the United States being taken up,
Mr. WEBSTER addressed the Senate at length in opposition to the substiiute proposed by Mr. WALL, and in favor of the bil reported by a majority of the Committee on the Judiciary.
Mr. STRANGE intimating an intention to address the Senate on the subject, it was inforınally passed over.
The Senate then went into the consideration of Executive bu. siness; And then adjourned.
Simonton, John Smith, Thomas Son'th, Sarkweather, Steenrod, Strong, Sumter, -wearingen, Sweney, Jacob Thompson, Turney, Vroom, Watterson, Weller, Wick, Jared W. Will liains, and Henry Williams-103
NAYS--Messrs. Adams, John W. Allen, Andrews, Baker, Birnard, Bell, Biddle, Briggs, Brockway, Anson Brown. Cal. houn, William B. Campbell, Carter, Casey, Chittenden, Cranston, Curtis, Cushing, Davies, Garrel Davis, Dawson, D.:berry, Dennis, Dellet, Elwards, Evans, Everett, Rice' Garlund Gates, Gentry, Giddings, Goggin, Goode, Graham, Grangers Green, Ilabersham, Hall, William S. Hastings, Ilawes, llenry, Hoffman, Huni, James. Jenifer, Lincoin, Marvin, Monroe, Morgan, Osborne, Palen, Peck, Pope, Proffii, Randall, Ran: dolph, Rariden, Reed, Ridgway, Russell, Saltonstail, Ser. geant, Slade, Siorrs, Stuart, Taliaferro, Wadly Thom;son, Tillingbası, Toland, Tripleil Trumbull, Underwood, Warner, Warren, Edwari D. White, John White, Thomas W. Wil. liame, Lewis Williams, and Christopher H. Williams-79.
So the rules were not suspended.
Mr. MONROE of New York made a motion (o suspend the rules to enable him to move a resolution that the llouse would on to-morrow, at 12 o'clock, and every subsí quent day, except Fridays and Saturdays, at the same hour, resolve itself into Com. milice of the Whole on the siate or the Union, to wake up the several appropriation bills in the order in which they stanlon the calendar; and that suid bills be made the special order to take precedence of all other business until disposed of, excepting brivale bill days; and that then the Independent Treasury bill should be taken up aud disposed of alter the same manner.
Mr. R. GARLAND said the resolution would not change the order of business. These bills came up as a matter of course.
Mr. ADAMS moved to lay the motion to suspend the rules on tho table.
Mr. F ROFFIT demanded the yeas and pays; which were or dered.
Mr. MCKAY inquired if it was in order to do a thing by resolution which was already provided for.
The CHAIR said the gentleman had made a motion to sus. pend the rules for that purpose, winch was in order.
Mr. TURNEY hoped ihe rules would be suspended.
Mr. MONROE having modified his resolution, after some con. versalion, withdrew it.
The SPEAKER announced that this being the day set apart by the rules for the reception of resolutions, he would proceed to call the s'ates for that purpose; but
Ou motion, the rules were suspended for the purpose of presenting petitions; when
The SPEAKER called the States for that purpose, commenc. ing with the State of Massachusetts,
Pe'itions were then presented by Messrs. ADAMS, BRIGGS, REED, BAKER, PARMENTER, H. WILLIAMS, CUSHING, and W. B. CALHOUN, of Massachusetts.
By Mr. TILLINGUAST of Rhode Lland.
(Mr. Fletcher presented memorial of several citizens of the city of Rochester, Monroe county, New York, praying the release of Wm. L. Mackenzie; (this memorial was neariy forty feet in length, and signed by names on tiro columns, the whole length.) Memorial of John G. Parker and numerous: igners of Rochester, New York, on the above subject. Memorial of Morgan Penfield and other citizens of Monroe county, New York, on the same subject. Memorial of J. D. Langdon and others of Genesee county, New York, on the same subject. Me. morial of J. P Ballard and others of Murray, Orleans county, on the same subject. Memorial of H. T. Camp and other citizens of stowe, Vermont, praying for the relief of Wm L. Mackenzie. Petition of Harvey Richardson of Montpelier, Ver: moni. Petition of II. W. W. Miller and others, praying for a grant of land in Oregon Territory.]
By Messrs. HAND, PRENTISS, STRONG, WAGENER, BROWN, VANDERPOEL, BREWSTER, DANA, LEO. NARD, MONTANYA, ALLEN, JACKSON, FLOYD, MALLORY, CUKTIS, BARNARD, NATHANIEL JONESTIOFF. MAN, FILLMORE, IUNT, MORGAN, FINE. GATES, KEMBLE, CHITTENDEN, GRENNELI, MONROE, PALEN, and ROGERS, of New York.
(Mr. HAND presented the following petitions: Of Joseph El. lery for a pension. referred to the Committee on luvalil Pen. sions. 01 Stephen Howard, a Revolutionary soldier, for a grant of land: referred to the Comunittee on Private Land Claims. Of Alexander Ferrish, and others, praying for indemnity for losses in the Revolutionary War: referred to the Committee on Revolutionary Claims. Of Jeremiah McCready, praying for reimbursement of moneys advanced 10 two companies of United States troops during the last war: referred to the Com. mittee of Claims. Or John Clark, for a pension: referred to the Committee on Revolutionary Pensions. Of children of Joseph Plumb, for arrears of pension: referred to the Committee on Revolutionary Pensions. Of children of Mary Addones, for arrears of pension: referred to the Committee on Revolutionary Pensions. Also, on his motior., the papers of Squire Ferris were referred to the Committee on Revolutionary Pensions)
(Mr. Jones of New York presented the petition of 126 voters or the thirsi district in the Seventh Ward of the city of New York, praying that William Lyon Mackenzie may be speedily released from imprisonment. The said Mackenzie having been released, Mr. J. moved to lay it on the table.)
[Mr. STRONG presented the following petitions Or William Wilcox and Truman llenninway, for relief: referred to the Committee on the Judiciary. or l-aac Goolwin; praying the passage of a law making provision for the garment of his pen. sion: referred to the Committee on Invalid Pensions]
[Mr. Prentiss presented the petition of Jeremiah E. Cary and 49 other ciuzens of Cherry Valley, Oisego county, New York, praying for the passage of a general bankrupt law.]
(Mr. Hunt of New York presenter three memorials from zis citizens of Troy, New York, praying Congress for the passage of a general baukrup law.
Mr. II. said that upon presenting these memorials, he would claim the indulgence of the House to submit a single remark, though strictiy out of order. He wished to call the attention of the Committee on the Judiciary particularly to the subject of the memorials. It was one of more general and engrossing interest than any now before the country, and in his estimation called for immediate action of the House committee, without waiting the progress of the propositions on the subject of bankruptcy, now pending before the other branch of the National Le. gislature.
He, therefore, wished to bespeak the immediate attention of
the Judiciary Committee to the subject, and without further trespassing upon the kindness of the House, would move the reference of the memorials to the Committee on the Judi. ciury.
Also, the memorial of 146 citizens of the town of Brunswick, county of Rensselaer, New York, asking the House of Repre.. sentatives to inquire into the case of William Lyon Mackeizie, imprisoned at Rochester, New York, under sentence from one orihe Federal courts, for a volation of the neutrality laws of the Government; and interce le for the release of said Mac. kenzie.
BIC. II. said that, since receiving said memorial, and before any opportunity has been presented of offering the sanie to the FIouse, he had perceived from the public domna's that the prayer of the memorialists had been complied with by the Executive of the country, and he therefore would move to lay the memorial upon the table.
Mr. II. also stated that he had in his possession resolutions from the Legislature of his own State, in realjon to the na. tional domain, and also in reference to the consent of the State to the construction by the General Government of a ship canal around the Niagara Falls, and orging the passage by Congress of a law for that purpose, but he would forbear sending said resolutions to the table, as similar ones had already been presented by those who had preceded him this moroing. )
Mr. RANDOLPH or New Jersey presented a petition from certain citizens of that Sale, praying that the neit proreeds or the public lands be distributed among the several Slates. He mored that it be referred to the Committce on the Public Lands, with instructions to report a bill, to go into effect after the year 1810, in accordance with the prayers of the petition. ers. Mr. R. moved the previous questi non the motion.
Mr. PETRIKIN moved to lay the whole subject on the table. Mr. RANDOLPE demanded the yoas and nays
Mr. LEWIS moved that there be a call of the House, and on that motion demanded the year and nays; which, having been ordered, were--yeas 37, nays 108.
The question then recurring on the motion to lay the whole subject on the table, it was determined in the allirmative on yeas and nays, there being ayes 89, nays 69.
Petitions were then further presenied by Mr. VROOM of New Jersey.
By Messrs. PETRIKIN and JAMES of Pennsylvania.
Mr. James presented a petition on the subject of Aboli. tion, which he said he knew came within the rules on that subjec ; but he moved that the rules be suspended to enable him to present them to the House.)
Mr LEWIS demanded the yeas and nays on the motion 10 susend the rules; which were ordered.
Mr. WSE moved to lay the inotion to suspend the rules on the table.
Mr. HUBBARD demanded the yeas and nays; which having been ordered,
Mr. JAMES withdrew his motion 10 suspend the rulce.
Petitions were turiher present from Messi9. JAMES, LEET, RAMSEY, TOLAND, EDWARDS, MCCULLOCII, MARCHAND, PAINTER, OGLE, NEWARD, HAM MOND, FORNANCE, and SARGEANT.
Mr. Lest of Pennsylvania said he had received and was re. quested to present a memorial adopted at a large and respecta ble meeting of citizens of the Territory of Wiskonsin, held at Green Bay, on the 12th of February last. This memorial, said Mc. L. request Congress to make appropriations in aid of the improvement of the navigation of the Fox and Wiskonsin rivers, as also the military road from Font Howard to Fort Crawford; which appropriations, it is suggested, shall be expended under the direction of the War Department. The mcmorialists also pray that a port of entry may be established at the town of Green Bay. 'Mr. I moved that the memorialbe referred to the Committee on the Territories, which was agreed to.]
[ Vir. PETRIKIN presented the petition of eundry inhabitants of Pennsylvania, for a grant of land to the officers of the army of the United states who served during the late war with Great Britain: relerred to the Committee on Mulitary Affairs. Also, the memorial of Daniel Nesbitt, and 43 o her inhabirants of Lewisburg, Caion county, Pa. asking the passage of a law fora protective tariff on all goods imporied from foreign countries into the United States: referred to the Committee on Manufac. tures.)
Mr. ParNter presented a petition from the citizens of Pennsylvania, asking that a law may be passed allowing a dorar on of land to such officers as served during the war of 1812: referred to the Committee on the Public Lands.)
At this stage of the proceeding, the llouse, in accordance with the resolution adopted on Saturday last, took a recess from half past 2 10 1 o'clock.
(EVENING SESSION.) At four o'clock the SPEAKER resumed the chair, and the call on the states for petitions was continued.
Petitions were pre-ented by Messrs, SERGEANT, BEATTY, MORRISS, and McCULLOCH of Pennsylvania.
(Mr. Beatty presented a petition signed by a large number of the inhabitants of Western Pennsylvania, praying that a na. tional road may be made from the base of the Laurel hil, by way of the arsenal, neir Pitsburgh, to the harbor a: Erie. Also one from a number of the inhabitants of Jefferson and Induna countes, praying that a post route may be established from Brookville to smickeburgh. Also one from a number of the inhabitants of Alleghany and Beaver counties, praying for a post route lo be established between Pittsburgh and locks town.
Mr. B said he held in his hand, one signed by thirteen or the inhabitants of Armstrong county, in his district. He had not the pleasure of knowing thein, but he presumed they were very respectable, as all his constituents were. lle regrelied that they were disturbed about slavery in the District of Co. lumbia. Asil would be against the rule adopted in reference w slavery, he would not press its reference.]
By Mr. ROBINSON of Delaware.
By Mr. SIIEPARD of North Carolina.
(Mr. HOLMES presented ihe memorial of the Chamber of Commerce at Charleston, South Carolina, asking the passage of a general bankrupt law, which on his motion was referred to the Committee on Commerce. Also, the memorial of a steamboat company, in relation to compensation for carrying the mail: referred to the Committee on the Post Office and Post Roads)
HOUSE OF REPRESENTATIVES,
MONDAY, May 18, 1810. THE INDEPENDENT TREASURY BILL. Mr. ATHLERTON said he rose for the purpose of submiting a motion to suspend the rules to enable him to make a motion that the House resolve itself into Committee of the Whole on the state of the Union, for the purpose of considering the bill from the Senate, commonly called the Independent Treasury Bill. He accordingly made the motion to suspend the rules.
Mr. CUSHING objected to that motion.
Mr. LINCOLN demanded the yeas and nays on the motion to suspend the rules; which were ordered.
Mr. EVANS said there was a very thin House, and he there. fore moved a call; and, on that motion, demanded the yeas and nays; which, having been ordered, were--yeas 86, nays 48. So the House determined to have a call; which was proceeded in, and 162 answered to their names. The list of absentees was then called over ustil,
On motion of Mr. LEET, all further proceeding in the call was dispensed with.
The question then recurred on the motion to suspend the rules; which having been taken by yeas and nays, resulted yeas 105, nays 77. So the rules were not supended.
Mr. ATHERTON then moved to suspend the rules for the purpose of introducing a resolution in substance that the House would, on to-morrow, at the hour of twelve o'clock, resolve itself into Committee of the Whole on the state of the Union, to take up the Independent Treasury Bill, and that it be made the special order for that day, and every subsequent day, from the same hour, to take precedence of all other business until dis. posed of.
Mr. R. GARLAND inquired of the Chair whether it would not bo in order on to-murrow to move the resolution?
The CHAIR said it would not except on a suspension of the rules for that purpose, the bill introduced by the gentleman from Tennessee, Nr. Bell, to secure the freedom of elections, being the first business in order on the calendar.
Mr. WELLER demanded the yeas and nays on the motion lo suspend the rules; whiib, having been ordered, were-yeas 103, nays 79, as follows:
YEAS-Messrs. Alford, Judson Allen, Hugh J. Anderson, Atherton, Banks, Beatty, Beirne, Blackwell, Brewster, Burke, Sampson 11. Butler, William O. Butler, Bynum, Carr, Carroll, Chapman, Clifford, Coles, Colquitt, Connor, Craig, Crary, Cross, Dina, Davee, John Davis, John W. Davis. Doan, Doig, Dromgoole, Duncan, Earl, Eastman, Fillmore, Fine, Fisher, Fletcher, Floyd, Fornance, Galbraith, Gerry, Griffin, Ham. mond, Hand, John Hastings, Hawkins, Hill of North Carolina, Holmes, Hook, Hopkins, Howard, Hubbard, Jackson, Jameson, Cave Johnson, Nathaniel Jones, Keim, Kemble, Kille, Leadbetter, Leet, Leonard, Lewis, Lucas, McClellan, McCulloch, McKay, Mallory, Marchand, Miller, Montanya, Montgomery, Samuel W. Morris, Newhard, Parrish, Par? mentor, Parris, Paynter, Petrikin, Prentige, Reynolds, Rives, Robinson, Edward Rogers, Ryall, Samuels, Shaw, Shepard,
By Mr. WARREN of Georgia.
By Messrs. BUTLER, DENNIS, and ANDREWS, of Kentucky,
Mr. ANDREWS referred to the motion he had made on Saturday to reconsider the vote by which, on that day, a daily pcess had been ordered. He did not wish to press the malter at this time, and therefore moved to 'postpone it until Thursday.
Mr. BANKS moved to lay the motion to reconsider on the table.
Mr. ANDREWS said, his object in moving the reconsideration was, to offer a resolution that the House meet at 10 a. m. and adjourn at 4p. m. daily.
Mr. BANKS then withdrew his motion to lay on the table, and the petition to postpone ull Thursday was agreed to. Petitions were presented
By Messrs. BLACKWELL, CAVE JOHNSON, C. H. WILLIAMS, and the SPEAKER, from Tennessee.
By Messrs. STARKWEATHER, and GIDDINGS of Ohio.
Mr. GIDDINGS presented sundry petitions on the subject of slavery, which came within the rule disposing of petitions of that character; and he moved a s ispension of the rules, to en: able him to present them to the House.
Mr.CHAPMAN of Alabama made a point of order, whethee it was in order to make a motion to suspend the rules, for th purpose indicated.
The CHAIR decided that it was.
Mr. HOPKINS demanded the yeas and nays on the motion to suspend the rules; which were ordered.
Mr. R. GARLAND moved to lay the whole subject on the cable.
Mr. CONNOR demanded the yeas and nays; which were not ordered.
The question was then taken on the motion to lay the whole subject on the table, and it was agreed to.
Petitions were further presented from Ohio by Messrs. DOANE, RIDGEWAY, ALLEN, GOODE, SWENEY, and SWEARINGEN.
(Mr. SWEARINGEN presented the petition of a number ofcitizens of Jefferson county, Ohio, praying that a duty be laid on the importation of toreign silks: refrred to the Committee on Com. merce. Also, the petition of Benjamin W. Ladd, praying com pensation for money paid out in defending a suit brought by Duncan McArthur, in consequence of a decision of Congress, upon a line dividing the Virginia military land district, from the lands belonging to Congress, &c. referred to the Committee on Public Lands. ]
(Mr. RIDGWAY presented the petition of Christopher Niswongen and William R. Sullivant. The petititioners state, that in November, 1837, they entered into a contract with the Commissary Department to furnish and deliver certain provisions for the United States army, at For: Towson, public landing; that they purchased and shipped the quantity contracted for, and that within a few miles of said landing, the boat snagged and sunk, and a portion of said provisions was thereby lost; that they were assured by the agents of the Government at the time, that it would not be expected that they, the petitioners, would fulfil the residue of their contract. The petitioners further state that they secured and delivered supplies to Ine amount of $5,454 48, and that they have received from the Government $4,000, and that the balance has been retained by the officers of the Government, and it is against this decission of the officers of Government that the petitioners protest, and ask the interference of the Congress of the United States: referred to the Committee on Claims.]
By Messrs. R GARLAND and CHINN of Louisiana. By Messrs. RARIDEN and DAVIS of Indiana. [Úr. Davis presented the joint resolutions of the Legislature of Indiana, relative to repeal of duty on sall. Also, relative to the improvement of While river. Also, relative to the franking privilege for agricultural societies. The petition of sundry citizens of Knox and Davis counties, for a inail route from Washington to Carlisle. The petition of sundry citizens in fa. vor of the claim of John Wilson, or Owen county, Indiana. Also, certain joint resolutions passed by the Leg slature of Indiana, on the subject of the Cumberland road; which he moved to refer to the Committee of Ways and Means, with instrucLong to report a bill a continue the construction of the said road in the states of Ohio, Indiana, and Illinois.) Mr. BANKS moved to lay the whole subject on the table.
Mr. CASEY demanded the yeas and nays; which, having been ordered, were--yeas 63, nays 78. so lhe House refused to lay it on the table.
Mr. DAVIS moved the previous question on the motion to re. fer, with instructions.
Mr. HUBBARD called for a division of the question, so as to take the vote first on the motion to reser, and then on the in structions.
Mr. CONNOR moved a call or the House; and
Mr. HUBBARD demanded the yeas and nays on that mo. tion; which having been ordered, were-yeas 55, nays 82. A call was refused.
The question then recurrring on the demand for the previous question, and Messrs. Dawson and LEADBETTER having been appointed tellers to ascertain whether there was a second, reported that there were, yeas 77, nays 60.
The question then recurring whether the main question should be then puţ which main question would have been on the adoption of the instruction,
Mr. WISE demanded the yeas and nays; which were or. dered.
Mr. THOMPSON of Mississippi moved that the House adjourn.
Mr. WELLER demanded the yeas and nays; which were not ordered.
The question was then taken on the motion to adjourn, by ellers, and agreed to-ayes 74, noes 51. The House thon adjourned till 1) o’elock, to-morrow.
Mr. STURGEON, from the Committee on Revolutionary Claims, asked to be discharged from the consideration of the claim of the heir of Thomas Farral, and that it be referred lo the Committee on Pensions; which was agreed to.
Mr. TAPPAN presented the petition of a number of the citizens of Washington, stating that they labor under great inconve. nience, in consequence of the banks of the District refusing to fulfil their obligations to the public, and praying Congress to lake such measures as may compel a resumption of specie payments; which was laid on the table, and ordered to be printed.
Mr. PRESTON presented the petition of the Southern Steampacket Company of the city of Charleston, praying compensation for transporting the United States mail, under the authority of the Post Office Department, which was referred to the Committee on the Post Oflice and Post Roads.
Mr. CALHOUN presented the memorial of James Leary and others, hat inanufacturers of the city of New York.
Mr. C. said, the grievance of which they complain is, that silk hals, and the unfioished body of sur hats, are admitted duty free, contrary, as they believe, to the true meaning of the compromise act; and the relief asked is, the passage of a bill to restore the protection to which they think ihey are entitled. The petition is numerously signed, there being nearly a thousand names affixed, all, as he was informed, engaged in the halter's business.
It may be asked, why he had been selected by so numerous and respectable a body of citizens, belonging to another and distant State, to present their petition, when his opposition to a protective tariff was so well known. lle could assign but one reason, and that was, that they concurred with him in the opinion that the necessity for protection originated in an un. sound currency; and that all that was required to afford ample protection against competition from any quarter, was a sound uniform, and stable currency. The petition was drawn up with ability, by a mechanic, as he was assured, but whose good sense and sound discriminating judgment would do him credit in this or any other body. That he should be thus supported, in so important a position, by such a body of men, so deeply interested, and capable or judging correctly of their interests, and that they should select him to present their petition on account of the accordance of their views with his, was not a little gratifying to him. It gave additional assurance of future peace and harmony between the different portions of the Union. It is well to speak plainly. We shall never see peace and harmony within our borders, till the tariff question is satisfactorily adjusted; and it can never be satisfactorily adjusted but through the currency question. He had long seen that the currency was at the bottom of that vexed question; and it gave him new hopes, to see the same opinion spreading in other quarters, and especially in that from which this able petition comes. He hoped that it would receive the serious attention of the Senate; and in order that the members might have an opportunity to read it at their leisure, he moved that it should be printed for their use, and referred to the Committee on Manufactures for consideration; which was accordingly ordered.
Mr. WILLIAMS, from the Committee on Naval Affairs, made an adverse report on the petition of the widow of Joseph S. Cannon.
Mr. PIERCE submitted the following resolution for consideration:
Whereas it is apparent that great frauds have been practised within the last four years upon Congress on claims growing out of Revolutionary services; and whereas the Government, in consequence of a large portion of its records being lost by fire o otherwise, has no adequate means of protection against such frands. therefore
Resolved, (as the opinion of the Senate,) That it is just and experlient to insist upon the bar interposed by the statute of limitations for all claims for the payment of which provision was made prior to 1800, unless the claimant shall first make a satisfactory explanation of the canses of delay since that period, and sustain his application by documentary testimor.y.
The bill to provide for satisfying outstanding claims to bounty lands for military services during the last war with Great Britain, and for other purposes, was taken up; and after an animated discussion, in whích Messrs. PRENTISS, SEVIER, YOUNG, BENTON, HUBBARD), CLAY of Kentucky, SMITH of Indiana, and WALKER, participated, was postponed until tomorrow.
GENERAL BANKRUPT LAW. The Senate again proceeded to consider the bill to establish a uniform system of bankruptcy throughout the United States. The question being on Mr. Wall's substitute for the bill —
Mr. STRANGE having stated that he differed in his views on this subject from all the rest of the committee, proceeded to exhibit apd'illustrate them at large, and was understood to come to the conclusion that the subject was involved in very great, if not insurmountable difficulties; that the same objections which went against bringing such a law to bear upon banks and other State corporations, went with equal force and clearnees against its application to individuals; and that, if any were included, a'l ought to be included.
Mc. NORVELL having signified his desire to speak briefly on the subjectThe bill, by consent, was laid over till tomorrow. And the Senate adjourned.
the fishing, bounty, to foster and sustain the commerce of the country in peace, and to afford a competent supply of ablo seamen for the naval service in war.
Resolved, That our Senators in Congress be instructed, and Representatives be requested, to use their exertions to prevent a repeal or modification of the law, entitled an act laying a duty on imporied salt, granting a bounty on pickled fish, oxported, and allowances to certain vessels employed in the fisheries, or of any acts or parts of acis relating to the bounty to vessels or individuals engaged in the fisheries.
Resolved, That the Governor be requested to forward a cer. tified copy of these resolutions to each of our Senators and Representatives in Congress
Mr. L. also presented the proceedings of a public meeting held at Buckeport, Maine, on the subject of an appropriation for erecting a fortification on the Penobscot river, opposite Bucksport, and the establishment of a military and naval depot at Castine; which were referred to the Committee on Military Affairs, and ordered to be printed. Also, the petition of Moody Pilsbury, and 364 other citizens
of Bucksport, Maine, and iis vicinity, for the same object; which were referred to the same committee. Also, the petition of John C. Talbot and other citi. zens of Mechisses, Maine, for a general bankrupt law; which was referred to the Committee on the Judiciary.
[Mr. JAMESON presented the following petitions: A petition to establish a mail route from Jefferson city, by the mouth of Niangua and Buffalo, to Springfield. Also, a petition to esta. blish a mail route from the Merrimac, by the Piney Mills, Bur. den's and Grigsby's, to Forsyth. Also, a petition of Jesse L. Oldham for an increase of pension. Also, a petition of sundry citizens of Clark county for an appropriation for the improvement of the Desmoines river. Also, a petition of sundry citi. zens of Calloway county for the establishment or a certain mail route therein mentioned. Also, a petition of sundry citi. zens or Cole county for the establishment of a certain mail route therein mentioned. And also a petition of sundry citizens of Boonville for the establishment of a certain mail route therein mentioned; which were severally referred to their appropriate committees.)
Mr. CASEY presented the petition of a large number of citi. zens of the city of Chicago, Illinois, praying for the release of William L. Mackenzie. Mr. C.stated as Mackenzie had been pardoned, and the object of the petitioners obtained, he moved to lay the petition on the table; which motion prevailed. Mr. C. also presented the petition of Mr. Jeremiah Fields, praying for the correction of an erroneous land entry : referred to the Committee on the Public Lands.
(Mr. Shaw presented the petition of Samuel Billings, pray: ing for the bounty on a fishing schooner, the Luzana: referred to the Committee on Commerce. Also, the memorial of Na. thaniel B. Baker, and 121 other citizens of Concord, New Hamp shire, praying for the pardon of William Lyon Mackenzie. Laid on the table.)
(Mr. REYNOLDS presented the petition of George H. Walker, of Wiskonsin Ty, praying to be confirmed in his claim to land in Milwaukie; and the petition or Robert Brownfield, praying a pension for Revolutionary services: referred to the appropriate committees.)
[Mr. Burke presented the petition of Phineas George, praying to be placed upon the invalid pension list. Also, the peti. tion of James Henry, administrator of William Henry, praying for compensation for wages due said William Henry, as midshipman in the service of the United States, and for property of said William Henry in possession of the United States.)
(Mr. Carr presented the petition of William Gentry and others, praying the change of so much of the mail route from Rockport to Washington as lies between Jonesborough and Jasper, and that said route be established through Taylorsville, Warrick county, Indiana; also, the petition of William Hum. phreys and others, praying for a post route from Canton, via Little York, Sage's Ferry, to Rockford, Indiana: referred to the Committee on the Post Office and Post Roads.)
[M. HOWARD, of Indiana, presented a petition from Madison Collins, of Warren county, Indiana, praying that the petitioner be placed on the pension roll of invalid pensioners: referred to the Committee on Invalid Pensions. The petition of Isaac Carroll and others, citizens of Porter county, Indiana, praying for the establishment of a post route: referred to the Commiltee on the Post Office and Post Roads. The petition of Thomas Lomas and others, praying the extension of the Pre-emption laws: referred to the Committee on Public Lands. The peti. tion of certain citizens of Carroll county, praying the establish. ment of a post route: referred to the Committee on the Post Ol fice and post Roads. The petition of sundry citizens of Porter and Lake counties, praying the extension of the pre-emption laws: referred to the Committee on Public Lands. ]
(Mr. DAVEE presented the petitions of James R. Leighton and others, and G.M. Burleigh and others, for the establishment of a mail route from Waterville, in the county of Kennebec, to Dover, in the county of Piscataquis, State of Maine. Also ihe petition of Alexander Woodward and others, praying for a mail route from Fish's Mills to the town of Massardis, in the county of Aroostook, in said State; which were severally referred to the Committee on the Post Office and Post Roads. Mr. D. also presented the proceedings of a public meeting at Bangor, Maine, on the subject of an appropriation for the erection of a forujfi. cation on the Penobscot river; which was referred to the Committee on Military Affairs.]
(Mr. BREWSTER presented the following petitions: Two of citi. zens of Oswego county for a general bankrupt law: referred to the Committee on the Judiciary. One of citizens of Oswego and Onondaga counties, for a post road: referred to the Com. mittee on the Post Office and Post Roads. One of Henry Fitzhugh and others, for the erection of beacons and light-houses on the Thousand Islands, in the river St. Lawrence; referred to the Commitee on Commerce. Also, a memorial or inhabitants on the Northern frontier, for a ship canal around the Falls of Ni. agara: referred to the Committee on Roads and Canals, and the memorial ordered to be printed. And also sent to the Clerk's table divers petitions in the case of Wm Lyon Mackenzie.]
[Mr. TAYLOR presented the petition of Solomon Sturgirs for relief, in relation to a tract of land entered under military bounty land scrip: referred to the Committee on the Public Lands. Also, the petition of J. W. Thompson, praying an appropriation of money for the completion of the monument to Virginia. Also, a preamble and resolutions or the General As. sembly of the State of Ohio, in relation to the sale of public lands: referred to the Committee on the Public Lands. ] (Mr. MILLER of Missouri
presented the following pedidong viz: Of Samuel Sands and others, or Missouri praying the
TUESDAY, May 19, 1840. The CHAIR submitted a message from the President of the United States, in relation to the bonds issued by the Territorial Government of Florida, which was laid on ihe table, and ordered to be printed.
A190, a report from the Secretary of the Treasury, in reply to a resolution of
the 28th of April, on the issue of Treasury notes; which was laid on the table, and ordered to be printed.
Mr. OLAY of Kentucky presented the petition of Fielder R. Dorsett, for an increase of compensation; which was referred to the Committee on Claims,
HOUSE OF REPRESENTATIVES,
TUESDAY, May 19, 1840. Petitions were presented, by the general consent of the House, by Messrs. GERRY, JAMESON, DILLET, MCCLELLAN, STUART, GENTRY, REYNOLDS, ELY, HOWARD, WICK, WISE, SLADE, BEIRNE, CHAPMAN of Alabama, DAWSON, HAWES, LOWELL, HILLEN, BURKE, SHAW, JOHNSON of Maryland, CASEY, CARR, BREWSTER, DAVEE, TAYLOR and LEONARD.
Mr. LOWELL, by general consent, presented the following resolutions, recently adopted by the Legislature of the State of Maine, which, on his motion, were ordered to be laid on the ta. ble, and printed:
STATE OF MAINE. Resolves relative to the repeat of the act giving a bounty to
vessels engaged in the fisheries. Resolved, That she repeal of the act, giving a bounty to vesgels engaged in the fisheries, would affect the general prosperi. ty of this state, by injuring the interest engaged in navigation, in ship-building, and in the fisheries. Resolved, That national policy requires a continuance of