Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

A question of order arose as to the time when the bill should have its third reading.

The previous question was seconded, put, and carried, and the bill was ordered to be read a third time now; it was read accordingly, when

Mr. TURNEY moved the previous question, which was seconded, put, and carried; and the main question being on the passage of the bill, it was decided by yeas and nays, as follows: yeas 124, nays 15.

YEAS-Messrs. Alford, John W. Allen, Andrews, Atherton, Banks, Beauty, Beirne, Bond, Boyd, Aaron V. Brown, Albert G. Brown, Burke, William O. Butler, Calhoun, William B. Campbell, Carr, Carter, Casey, Chapman, Chinn, Clifford, Coles, Connor, James Cooper, Mark A. Cooper, William R. Cooper, Crabb Crockett, Cross, Dana, Davee, John Davis, Garret Davis, Dellet, Doan, Doig, Dromgoole, Earl, Eastman, Ely, Fine, Floyd, James Garland, Gentry, Gerry, Goggin Goode, Griffin, Habersham, Hammond, Hand, John Hastings, Hawkins, Henry, Hill of Virginia, Holleman, Holmes, Hopkins, Howard, Hubbard, Jackson, James, Jameson, Charles Johnston, Nathaniel Jones, Keim, Kempshall, Kille, Leadbetter, Leonard, Lewis, Lucas, McClellan, McCulloch, McKay, Mallory, Marchand Medill, Miller, Monroe, Morgan, Samuel W. Morris, Ogle, Parrish, Parmenter, Petrikin, Pope, Prentiss, Randolph, Reynolds, Rhett, Ridgway, Robinson, Edward Ro gers, James Rogers, Ryall, Samuels, Shaw, Shepard, Simonton, Sladle, Albert Smith, John Smith, Thomas Smith, Starkweather, Steenrod, Strong, Stuart, Sumter, Swearingen, Taylor, Waddy Thompson, Jacob Thompson. Toland, Triplett, Tur ney, Underwood, Wagener, Warren, Watterson, Weller, Wick, Jared W. Williams, and Henry Williams-121.

NAYS-Messrs. Briggs, Cranston, Davies, Deberry, El-
wards, Hawes, Willian C. Johnson, Lincoln, Palen, Russell,
Storrs, Taliaferro, Trumbull, and Lewis Williams-15.
So the bill was passed.

And the House adjourned.

IN SENATE,

MONDAY, May 24, 1840.

Mr. SMITH of Connecticut presented the petition of John T. Waite and others, praying the passage of a general bankrupt law; which was laid on the table.

Mr. S. also presented the petition of Sally Porter and Betsy B. Cook, children of Colonel Phineas Porter; which was referred to the Committee on Revolutionary Claims.

Mr. SEVIER presented the petition of Abraham Sinclair, which was referred to the Comm ttee on the Public Lands.

Mr. MERRICK asked and obtained leave to withdraw the papers in relation to the claim of James Forrest.

Mr. YOUNG presented a petition from citizens of Illinois, for a post route; which was referred to the Committee on the Post Office and Post Roads.

Mr. NORVELL presented the memorial of citizens of the county of Saginaw, Mich. for the establishment of a military post at that place; which was referred to the Committee on Military Affairs.

Mr. MOUTON presented documents relating to the claim of the heirs of Antonio Gras; which were referred to the Committee on Private Land Claims.

Mr. WHITE presented the petition of John B. King; which was referred to the Committee on Revolutionary Claims.

Mr. LINN, in pursuance of previous notice, asked and obtained leave to introduce a bill for the relief of the legal representatives of Nathaniel Pryor, deceased; which was read twice, and referred to the Committee on Indian Affairs.

Mr. PIERCE, from the Committee on Pensions, reported a bill making provision for the payment of pensions to the executors and administrators of deceased pensioners in certain cases; which was read, and ordered to a second reading.

Mr. STRANGE, from the Committee on Patents, reported a bill making certain appropriations for the Patent Office, with an amendment.

Mr. STRANGE, from the Committee on Naval Affairs, made an adverse report on the petition of Richard B. Mason; which was ordered to be printed.

The joint resolution for the distribution of the Digest of Patents was taken up as in committee of the whole, and after some remarks from Mr. TAPPAN, was ordered to be engrossed for a third reading.

On motion by Mr. LINN, the joint resolution for the occupation of the Territory of Oregon was taken up, and made the special order of the day for this day two weeks.

The bill making certain appropriations for the Patent Office being taken up as in committee of

the whole, a motion was made to strike out an
appropriation of one thousand dollars for the col-
lection of agricultural statistics and other agricul-
tural purposes; which was supported by Messrs.
CRITTENDEN and CALHOUN, and opposed
by Messrs. STRANGE, LINN, and LUMPKIN,
and negatived-ayes 13, noes 20, and the bill was
ordered to be engrossed for a third reading.

The bill for the relief of Joseph Roby, after
some remarks by Messrs. WALKER, SEVIER,
and YOUNG, was indefinitely postponed-ayes 25,

noes 6

The CHAIR submitted a message from the Pre-
sident of the United States, transmitting a copy of
the proceedings instituted to try the title to the Pea-
patch island, and recommending to Congress to
pass a special act, giving to the circuit court of the
district of Maryland jurisdiction to try the cause;
which was referred to the Committee on the Judi.
clary.

The CHAIR also submitted the following mes-
sage from the President of the United States:
To the Senate:

I communicate to Congress sundry papers, from
which it will be perceived that the Imaum of Mu-
cat has transmitted to this country, and, through
the agency of the commander of one of his ves-
sels, offered for my acceptance, a present, consist-
ing of horses, pearls, and other articles of value.
The answer of the Secretary of State to a letter
from the agents of the ve sel communicating the
offer of the present, and my own letter to the
Imaum, in reply to one which he addressed to me,
were intended to make known in the proper quar-
ter the reasons which had precluded my acceptance
of the proffered gift. Inasmuch, however, as the
commander of the vessel, with the view, as he al-
leges, of carrying out the wishes of his sovereign,
now offers the presents to the Government of the
United States, I deem it my duty to lay the propo-
sition before Congress for such disposition as they
may think fit to make of i; and I take the oppor
tunity to suggest for their consideration the adep-
tion of legislative provisions pointing out the course
which they may deem it proper for the Executive
to pursue in any future instances where offers of
presents by foreign States, either to the Govern-
ment, its legislative or executive branches, or its
agents abroad, may be made under circumstances
precluding a refusal without the risk of giving of-
fence.

The correspondence between the Department of State and our Consulgat Tangier, will acquaint Congress with such an instance in which every proper exertion on the part of the Consul to refrain from taking charge of an intended present, proved unavailing. The animals constituting it may, consequently, under the instructions of the Secretary of State, be expected soon to arrive in the United States, when the authority of Congress, as to the disposition to be made of them, will be neM. VAN BUREN.

cessary.

Washington, May, 21, 1840.

[The following is a portion of the documents.]
NEW YORK, May 2, 1840.

SIR: We have the honor to inform you, that as
consignees of the ship Sultanee, and cargo, belong-
ing to his Highness, Seyhd Seyhd, Imaum of Mus.
cat, just arrived at this port from Zinz bar, we
have been charged by the commander of said ship,
Ahmet Ben Haman, to receive and hold subject to
your Excellency's order, certain presen's from his
Highness to the President of the United States.
Those presen's are:

Two Arabian Horses,
One case Otto Roses,

Five Demijohns Rose Water,
One package Cashmere Shawls,
One bale Persian Rug,

One box Pearls,

One box-Sword.

[blocks in formation]
[blocks in formation]

The President will avail himself of the return of the Sultanee, to forward an answer to the friendly communication which he receive 1 from his Highness, and will express at the same time the lively satisfaction he derives from this first visit of a ves sel from the Sultan's dominions to the United States, and his sense of the friendly disposition evinced by his Highness in the presen's which Ahmit Ben Haman is instructed to offer in his name. Those presents the President is, under existing constitut onal provisions, precluded from accepting for his own use. I have, therefore, to request that you will apprize Ahmet Ben Haman of the circumstance, that such other disposition of the articles may be made by him as will best comport with the wi-hes of the Sultan. I am, gentlemen,

Your obedient servant, JOHN FORSYTH. Messrs. BARCLAY and LIVINGSTON, New York.

To His Excellency MARTIN VAN BUREN, Presilent of
the United States of North America, Washington:
SIR: Hope the Almighty God will protect you,
and keep you in good health. From this part of the
world, having no news to communicate them to your
Excellency; and, whenever opportunity offers for
this place, we shall feel happy to hear from your
Excellency. With any thing that we can do for
you, little or plenty, shall feel happy.

Written by the order of His Highness,
SEYD SEYD BIN SULTAN BIN AHMED,
Imaum of Muscat.

SYED BIN, Calfaun.
Dated MUSCAT, 25th December, 1839.

To His Highness SYED BIN SULTAN, Imaum of Muscat, MARTIN VAN BUREN, President of the United States of America-Greeting:

GREAT AND GOOD FRIEND: By the hands of Ahmet Ben Haman, commanding your Highness's ship Saltanee, I had the satisfaction of receiving your Highness's letter of the 19th of the Moon of Shawal, and 1,255 of the Hegira. It has been a source of lively satisfaction to me, in my desire that fre quent and beneficial intercourse should be established between our respective countries, to behold a vessel bearing your Highness's flag enter a port of the United States, to testify, I hope, that such relations will be reciprocal and lasting.

I am informed that Ahmet Ben Haman had it in charge from your Highness to offer for my acceptance, in your name, a munificent present. I look upon this friendly proceeding on your part as a new proof of your Highness's desire to cultivate with us amicable relations; but a fundamental law of the Republic, which forbids its servants from accepting presents from foreign States or Princes, precludes me from receiving those your Highness intended for me. I beg your Highness to be as sured that, in thus declining your valuable gift, I do but priorm a paramount duty to my country, and that, my sense of the kindness which prompted the offer is not thereby in any degree aba et.

Wishing health and prosperity to your Highness, power and stability to your Government, and to your people tranquillity and happiness, I pray that God may have you, great and good friend, in his holy keeping. M. VAN BUREN.

By the President:

JOHN FORSYTH,

Secretary of State.
Washington, May 8, 1840.

The message and documents were referred to the Committee on Foreign Relations, and ordered to be printed.

GENERAL BANKRUPT LAW. The bill for the establishment of a general bank rupt law coming up for consideration,

Mr. HUBBARD addressed the Senate at grea

[ocr errors]

Flength and with much ability, in opposition to May the bill reported by the majority of the commit Pa tee, believing it to be inexpedient and of doubtful constitutionality. He expressed his determination to vote against any bill which authorized compulsory bankruptcy against the agricultural classesand contended that all the objections which were burged against subjecting banks and other incorpo

[ocr errors]

rations to the operations of a bankrupt law, would apply with as much force in the case of individutotals. He concluded by saying, that if the substitute proposed by Mr. WALL was adopted, with certain modifications, he would probably give his vote for the bill.

Mr. WALL stated that he had no objection to the modification suggested by his honorable friend from New Hampshire. His object was, as he had several times stated, to pass a uniform law upon the subject of bankruptcy; not a partial or special law of bankruptcy. Understanding the Constitu tion as he did, he thought that we had no constitutional power to pass a mere insolvent law, having no principle or features of a law on the subject of bankruptcy, but the discharging of the debtor from the obligation of his contracts with his creditors. The Constitution gives us no power to pass law of bankruptcy. The fact of bankruptcy or insolvency does not give Congress authority to act, or to discharge debtors from their contracts, without payment, and without the consent of their creditors. Bonkruptcy does not bring the bankrupt and his creditors and their contracts within the We constitutional power of Congress. Bankruptcy is not the subject of bankruptcy. The subject of bankruptcy is something else.

The Constitution

gives us power to pass a uniform law on the subject of bankruptcy; not a law of bankruptcy, or insolvency, or concerning bankruptcy or insolvency. He who maintains such a power, assumes the task of vindicating such a latitudinarian construction. But while I am willing to accept such amendments as will make this system acceptable, I do not doubt our powers to make the exception, nor do I wish in that way to lose two friends to gain one. In making this concession, I by no means yield to the soundness of the argument of my honorab e friend. I have heretofore submitted my views as to the meaning of the word uniform. It is a limitation of the power of Congress to pass a law on the subject of bankruptcy-not territorially or locally-but as to the classes and subject-matter upon upon which such law shall operate. Congress may, after defining the classes upon which it shall operate-for instance, traders-declare who, failing within the technical meaning, shall not be operated on by the law. So as to banks or corporations. If you except all classes falling within the same categories, from its operation, you may do so .without destroying its uniformity.

Sir, I will take this occasion to submit another remark. The party of which I am an humble member, have been charged with being Loco FoCos, agrarians, Fanny Wright men, enemies of the banks and of the credit system. Those who make this charge have submitted a bill which tests the truth of such charges and accusations. If I wanted to destroy the banks-to put an end to credit, honest, legitimate credit, which springs from confidence-I would vote for this bill. Banks are debtors; but where they are debtors one dollar, they are creditors to five of ten times the amount. Give their debtors the bill reported by the majority, the means of destroying their contract, without payment; drawer and endorser will travel the same road, and the banks must fall, and the whole credit system must perish by the acts of its friends, not its foes. Will not the avowed friends of the banks and the credit system pause in their career?

I have thought myself a tolerable good Loco Foco, as the slang of the day has vainly attempted to characterize the party to which I belong; but this bill is too Loco Focoish for me. I leave its supporters to reconcile their accusations with the con=duct of myself and those who act with me, and their own conduct with their own professions. The public will judge between us.

3

Mr. HENDERSON, in reply to Mr. HUBBARD, admitted that this power over bankruptcy was

[ocr errors]

more liable to abuse and assumption than almost any other, and it was especially for that very reason that he would now confine the exercise of that power to the sole object of relieving debtors, which, and which alone, the country now emphatically demandel.

Mr. H. also argued further to show that Congress, like the Brit sh Parliament, has the power to include any and all classes of persons which they may think proper.

On motion of Mr. STRANGE, the subject was laid over till to-morrow; and, after an Executive session,

The Senate adjourned.

HOUSE OF REPRESENTATIVES,
MONDAY, MAY 25, 1840.

The SPEAKER laid before the House a communication from the Post Office Department, in compl ance with the 23 section of the act of July, 1836, enclosing a report of contracts for the transportation of the mail within the last year, with an abstract of offers, and other particulars in relation thereto.

On motion of Mr. JONES of New York, laid on the table and ordered to be printed.

The SPEAKER announced that the first business in order was the motion of Mr. DAVIS of Indiana, to refer the joint resolution of the Legisla lature of the State of Indiana, in relation to the Cumberland road, to the Committee of Ways and Means, with instructions to report a bill for the continuation of said road in the States of Ohio, Indiana, and Illinois; and the question immediately pending when the House adjourned on Monday jast, when the subject was up, was on the question, "Shall the main question (on the adoption of the instructions) be pu?" On that motion the yeas and nays had been ordered.

On motion of Mr. THOMPSON of Mississippi, a call of the House was ordered and proceeded in till 155 members answered to their names. The list of absentees was then called over for excuses, when the following gentlemen were excused for unavoidable absence from the city, indisposition, ete. viz: Messrs H. J. ANDERSON, BREWSTER, DAVIES, J. W. DAVIS, GRANGER, HOFFMAN, LAW RENCE, J. W. JONES, NAYLOR, REED, RYALL, P. F. THOMAS, VROOM, and S. WILLIAMS.

On motion of Mr. WELLER, all further procee ling in the call was dispensed with.

The question was then taken whether the main question should be put, which was on the adoption of the instructions and reference, and decided in the affirmative-yeas 96, nays 62.

Mr. PECK called for a division of the question, so as to take the question first on the reference, and then on the instructions.

The question was then taken on the motion to refer, and decided in the affirmative.

The question recurring on the instructions, and the yeas and nays having been asked and ordered on the same, were-yeas 87, nays 90.

YEAS-Messrs. Adams, John W. Allen, Andrews, Baker, Beatty, Bond, Briggs, Brockway, Anson Brown, Calhoun, Carr, Carroll, Casey, Chinn, James Cooper, Wm R. Cooper, Cranston, Crary, Cross, Curtis, Cushing, Dana, Garret Davis, Doan, Duncan, Edwards, Evans, Everett, Fillmore, Fine, R. Garland, Gidings, Goode, Grinnell, Hammond, Hand, Wm. S. Hastings, John Hastings, Henry, Hook, Howard, Hunt, James, Charles Johnston, Kemble, Kempshall, Kille, Leadbetter, Leet, Leonard, Lincoln, Mallory, Marchand, Marvin, Medill, Miller, Mitchell, Monroe, Montanya, Morgan, Samuel W. Morris, Calvary Morris, Ogle, Osborne, Palen, Parrish, Peck, Proffit, Ratiden, Reynolds, Ridgway, Edward Rogers, Albert Smith, Truman Smith, Starkweather, Steenrod, Storrs, Stuart, Swearingen, Sweney, Taylor, Francis Thomas, Tillinghast, Toland, Weller, Edward D. White, Wick, and T. W. Williams-87.

NAYS-Messrs. Alford, Atherton, Banks, Beirne, Bell, Botts, Aaron V. Brown, Albert G. Brown, Burke, Sampson H. Butler, Bynum, John Campbell, William B. Campbell, Carter, Chap. man, Clark, Clifford, Coles, Colquitt, M. A. Co per, Crabb, Craig, Edward Davies, John Davis, Dawson, Derinis, Dellet, Doig, Dromgoole, Earl, Eastman, Fisher, Fletcher, Floyd, Fornance, James Garland, Gentry, Gerry, Goggin, Graves, Green, Griffin, Habersham, Hall, Hawkins, Hill of Virginia, Hill of North Carolina, Hillen, Hopkins, Hubbard, Jackson, William Cost Johnson, Cave Johnson, Nathaniel Jones, Keim, Lewis, Lucas, McClellan, McKay, Montgomery, Nisbet, Parmenter, Paynter, Petrikin, Francis W. Pickens, Prentiss, Ramsey, Rhett, Rives, Samuels, Shaw, Shepard, John Smith, Stanly, Strong, Sumter, Taliaferro, Waddy Thompson, Jacob Thompson, Turney, Underwood, Warren, Watterson, John White, Jared W. Williams, Henry Wil liams, Lewis Williams, Christopher H. Williams, and Wise -90,

So the House refused to adopt the instructions. Mr. WICK moved to reconsider the vote by which the joint resolutions were referred to the Committee of Ways and Means. His object in making such a motion, was with the view that the said resolutions be referred to the Committee on the Judiciary, with instructions to inquire whether the obligation does not rest on the Government to complete said road; and he said he would be glad to see a report on the subject from the Judiciary Committee. He thought such a report would bring a true view of the matter before those interested, and tend to settle a vexed question.

Mr. DAWSON moved to lay said motion on the

table.

The question was then taken, and decided in the affirmative-yeas 79, nays 51.

The SPEAKER then continued the call of the States for petitions; when petitions were presented

By Mr. HOWARD of Indiana. By Mr. STUART, of Illinois. By Messrs. HUBBARD and CHAPMAN, of Alabama.

By Mr. CROSS, of Arkansas.

By Mr. DOWNING, of Florida; and

By the SPEAKER, on behalf of the citizens of Florida, who presented a petition praying that Florida may be attached to the State of Alabama. Also, a remonstrance against the same.

By Mr. DOTY, of Wiskonsin.

Mr. CHAPMAN of Iowa, in accordance with notice heretofore given, asked leave to report a bill to change the mode of selling the public lands, so as to prevent sudden drains of the circulating medium, and prevent fluctuations in the revenue derived from the sale of lands.

Objection having been made to its reception, Mr. CHAPMAN inquired of the CHAIR whether it was in order to make some remarks explanatory of the bill.

The CHAIR replied that it was not.

Mr. CHAPMAN then presented a petition from citizens of Iowa, praying compensation for horses lost in the service of the United States, which he moved to refer to the Committee on the Territories.

Mr. L. WILLIAMS said the Committee of Claims was the proper one to which it should be referred, and accordingly made that motion.

Mr. CHAPMAN said, his reason for moving its reference to the Committee on the Territories, was, that the committee was not so pressed with business as the Claims Committee, and the subject would therefore have earlier attention by giving it that reference.

The question was then taken on the motion of Mr. CHAPMAN, and disagreed to; and the petition was then referred to the Comm t'ee of Claims.

The SPEAKER laid before the House a petition from citizens of Iowa, praying that the Governor of said Territory might be elected by the people; which,

On motion of Mr. CHAPMAN, was referred to the Committee on the Territories.

Petitions were further presented by Messrs. ALLEN, TAYLOR, and CALVARY MORRIS, of Ohio.

[Mr. ALLEN presented the petition of F. W. Bingham and many other citizens of Cuyahoga county, Ohio, praying that adequate protection may be given by Congress for the growth and manufacture of silk in the United States.]

[Mr. TAYLOR presented a preamble and resolutions, passed by the General Assembly of Ohio, in relation to the currency, instructing the Senators, and requesting the Representatives, to support such measures as shall be calculated to separate the connection between the Federal Government and the banks, and particularly to vote for and support the measure which is usually called the Independent Treasury bill: ordered to lie on the table and be printed. Mr. T. a'so presented the petition of Timothy Cavin, a soldier of the late war, asking an invalid pension.]

By Messrs. BELL, CROCKETT, and CAR-
TER, of Tennessee.

On motion of Mr. CARTER, it was
Resolved, That the Committee on the Judiciary

be instructed to inquire into the propriety of changing the times of the sittings of the Federal courts at Knoxville, Tennessee, so as to avoid interfering with the sittings of the State courts in East Ten

nessee.

By Messrs. POPE, TRIPLETT, WHITE, and GRAVES, of Kentucky.

Mr. DAVIS of Kentucky again moved to su3pend the rules, to enable him to present the resolution in relation to the freedom of elections, &c. &c. which he moved to present on last Saturday, and on that motion demanded the yeas and nays.

Mr. WISE appealed to the gentleman to with. draw his motion, and not to embarrass the business, by arresting the reception of petitions. The motion to suspend the rules could be made at any

time.

The yeas and nays having been refused on the motion to suspend the rules, the question was taken, and decided in the negative, without a count.

By Messrs. HABERSHAM and BLACK, of Georgia.

On metion of Mr. HABERSHAM, it was

Resolved, That the Committee of Claims be instructed to inquire into the expediency of allowing to the late Captain John Jackson, of the revenue service, now deceased, a credit of $750, on the books of the Treasury Department, which sum now stands charged against him on said backs.

By Messrs. WISE, BOTTS, GOGGIN, CRAIG, and TALIAFERRO, of Virginia.

Mr. CRAIG offered the following, which, being objected to, lies over one day:

Whereas, one of the contingent clerks employed in the Clerk's office of this House, a part of the year 1836 and 1837, which said clerk performed duties in common with other clerks in the office, but did not receive the same compensation as other contingent clerks for like services; it is, there fore,

Resolved, That the Committee on Accounts be instructed to inquire into the expediency and jus!ness of allowing the aforesaid clerk a sum equal in amount to that received by other contingent clerks employed in said office, during the same period of time, viz: from the 15th of May, 1836, to the 4th of September, 1837.

On motion of Mr. J. GARLAND,

Resolved, That the Committee on the Post Office and Post Roads be instructed to inquire into the expediency of establishing a post route from Travillian's depot, in the county of Louisa, by Poindexter's store, to Bootright's, on the Three Notched road, in the same county.

On motion of Mr. GOGGIN,

Resolved, That the Committee on Revolutionary Pensions be instructed to inquire into the expediency of allowing a pension to Mary Morgan, widow of Reese Morgan, of the county of Franklin, Virginia, whose evidence and other papers are now on file in the office of the Commissioner of Pensions.

By Mr. W. C. JOHNSON, of Maryland.

By Messrs. HENRY, MARCHAND, NEWHARD, EDWARDS, BEATTY, and HAMMOND, of Pennsylvania.

On motion of Mr. MARCHAND, Resolved, That the Committee on Invalid Pensions be instructed to inquire into the expediency of placing John Flood, a soldier of the late war, on the pension roll, and that the accompanying papers be referred to the same committee.

By Messrs. MARVIN, PECK, MORGAN, GRINNELL, FLOYD, DANA, and J. C. CLARK, of New York.

On motion of Mr. FLOYD,

Resolved, That the Committee on Revolutionary Pensions be instructed to inquire into the expediency of gran'ing a pension to A. W. Morse and Jared Buckingham, and that the accompanying papers be referred to said committee.

Resolved, That the memorial of Phineas Allen, and the papers accompanying the same, be recommitted to the Committee on Revolutionary Pensions.

On motion of Mr. DANA,

Resolved, That the Committee on Revolutionary Pensions be lustructed to inquire into the expediency of granting a pension to Elizabeth Gibbs, and

that the papers in the Pension Office in relation to
her claim, be referred to such committee.

The SPEAKER laid before the House a peti-
tion from ciuzeas of Oneida county, in the State of
New York, praying that Congress would prehibit
the use of ardent spirits in the army and navy, and
its sale to the Indians, and to prohibit its sale in
the Capitol to members of Congress and others.
Mr. RAMSEY moved to lay the petition on the
table.

Mr. WISE called for the yeas and nays; which having been ordered, were-yeas 65, nays 82.

So the House having refused to lay the petition
on the table,

On motion of Mr. MARVIN, it was referred to
the Committee for the District of Columbia.
By Mr. EVERETT, of Vermont.

By Messrs. ADAMS, BRIGGS, CUSHING,
and LINCOLN, of Massachusetts.

On motion of Mr. LINCOLN,
Resolved, That the Commissioner of Pens ons be
directed to transmit to this House the application
of Aaron Miller of Massachusetts, a soldier in the
late war with Great Britain, for an invalid pen-
sion, with the papers filed in support of said appli-
cation, and that they be referred to the Committee
on Invalid Pensions.

Mr. ADAMS said, that among other petitions
entrasted to his care, was one from an individual
containing charges of a serious nature against
Judge McLean of Ohio. For some time after he
had received the petition, he had en'ertained doubts
as to the propriety of his presenting it. But, upon
reading that petition, he had discovered that it in-
volved questions of the highest importance to this
Union, and that had induced him to present it to
the House, as he had come to the conclusion that
such would be his duty. He would state that he
had no personal acquaintance with the complain-
ant, nor did he know any thing of his character,
except from the papers which had been placed in
his hands. The complaint was, however, of a
character which deserved the most serious att n-
tion of the House, and involved questions of the
deepest importance to the existence of this Union.
It involved questions with respect to the power of
the Congress of the United States over the construc-
tion of ordinances of the Government of the North-
western Territory, and with respect to the sovereign
power of the States, and in relation to the naviga-
tion of the rivers which connected those places.
The memorial, he repeat d, involved, therefore, the
sovereign power of the S ares and of this Union. It
also involved the conduct of a judge of one of the
United States courts, and several citizens in one of
those States. It appeared that this h gh officer was
charged with depriving the complainant of the
right to appeal to the Superior Court of the United
States, &c.

Mr. A. said that, in presenting this petition, he did not propose the printing of it, nor even that it should be read. He was aware of the extreme delicacy there was in thus presenting a complaint to the grand inquest of the nation, aga nst an (fficer so distinguished in character as Judge McLean: and he had long hesitated on the propriety of presenting, until he had read the petition. After so doing, he no longer hesitated; for he was convinced, on the perusal of the papers, that questions of such deep importance were involved, that it was his duty to present the petition for the consideration of the House. The memorial was very long, and contained eighteen specifications of charges against Judge Me Lean, drawn up with great ability; he therefore presented it together with the papers. He would move a reference of the whole to the Committee on the Judiciary, with a special request to the members thereof that they would bestow upon this case the most serious attention. In his own mind, after serious deliberation, he had come to the conclusion that questions were involved which deserved the most attentive consideration. He did not mean to say that he had formed any opinion with respect to the justice of the charges against Judge McLean. He certainly did not wish to prejudge any thing, as he entertained a high feeling of respect towards that officer.

He forbore to ask for the printing, or even the

reading of the papers, because he had full confidence in the Judiciary Committee, and was sure that justice would be done to all parties. Neither did he, under present circumstances, think it necessary to call upon the Ju 'ge to answer, as it was very probable that, after an examination of the pa re's, the committee might come to the conclusion that the Judge ought not to be called upon to an. swer, and that the papers contained nothing requir ing any justification. He therefore did not ask even that the papers should be read. If, after an examination, the Judiciary Committee should be of opinion that there was cause for further action, they could report to that effect, and the House might take what action it might deem best.

The petition was then referred sub silentio to the Committee on the Judiciary.

Mr. TILLINGHAST wished to inquire of the gentleman from Massachusetts, whether the petition was sigued by one person or more.

The CHAIR said, the petition having been re. ferred, the question was not in order.

Mr. CRABB wished to say a few words in relation to this singular petition, and was surprised when the CHAIR announced that it was referred. He wished to have an opportunity of giving his vete on the refere ce.

The CHAIR said the petition had been referred in the usual mo le, like other petitions; but by gene. ral consent, he would put the question again, and formally, on the reference.

The question was accordingly put on the motion to refer, and a division was called, but not sustained. The petition was then referred to the Committee on the Judiciary.

Mr. CRABB subsequently made a motion to reconsider the motion to refer the petition. He considered it a subject too grave to be referred without consideration; and was about showing the propri ty of reconsidering the reference, but was rule out of order.

Mr. ADAMS asked leave to submit the following resolutions, which were read:

Resolved, That the circuit court of the United States within the district of Connecticut, having decided that the Africans captured in the Amistad were not amenable before itself, or any other court of the United States, for trial of the crimes of piracy and murder committed on the high seas, upon the charge of which against them, they had been cap'ured by Lieutenant Gedney, an executive officer in the service of the United States, and brought before the said circuit court; there exists in th United States no lawful authority to hold the said Africans in captivity within the said State of Connecticut; and all detention or imprisonment of their persons within the said State, without charge against them of any offence against the laws of the United States, or of the said State, is unlawful, arbitrary, and oppressive.

Resolved, That the President of the United States po: sesses no lawful authority to de'ain as captives or prisoners, the said Africans, or any of them, by any officer or officers of the United States, whether civil or military, executive or judicial.

Resolved, That there exists no obligation, either in the law of nations, or by any treaty stipulation between the United States and Spain, by which the President of the United States can be required, or s authorized to cause the said Africans to be de livered up to the disposal of the diplomatic representative of Spain, or to any officer of any foreign Government in the United States.

D

Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of so amending the laws of the United States for the punishment of crimes, as to confer upon the courts of the United States, of competent jurisdiction, full power to take cognizance of, try, and adjudicate, in conformity with the laws of nations, all charges against persons accused of the crimes of piracy and murder committed on the high seas in vessels and by subjects or citizens of any nation foreign to the United States, whenever any such person or persons charged with the commission of the said crime or crimes, or either of them, may be found or lawfully brought within the jurisdiction of the United

States.

Objection was made to the introduction of the

[ocr errors]
[ocr errors][merged small][merged small][ocr errors][merged small]
[ocr errors]
[ocr errors]

26TH CONG..........1ST SESS.

BY BLAIR & RIVES.

Continued from No. 26.

resolution, and it accordingly lies over, under the rule.

Mr. ADAMS asked the consent of the House to offer the following resolution.

Mr. SMITH of Maine objected to the reception of any resolutions at this time. He had many petions to present, and would not agree to the reception of resolutions until the petitions were all received.

Mr. ADAMS moved a suspension of the rules, and the resolution was read for information, as follows:

Resolved, That the investment in the stocks of the several States of this Union of funds held by the United States in trust, is, to the amount of the sums so invested, and of the interest thereon, an assumption by the United States, in the event of their failure punctually to pay the same.

Resolved, That the purchase, by authority of any Executive Department of the Government of the United States, of the bonds of any of the States of this Union, at the nominal value, or with a premium thereon, and thesubsequent sale of the same bonds at a discount, is an unwarrantable and a wasteful dilapidation of the public funds.

Resolved, That it is the duty of the Executive Government of the United States to require of the Government of each and every State of this Union, in whose stocks investments of the public moneys, held in trust by the Government of the United States, have been made, punc:ual payment in specie, or its equivalent, of the interest stipulated in the said stocks, and repayment of the principal, as soon as possible by the terms of the contracts upon which such contracts have generally been issued.

Resolved, That the further investment of any public funds of the United States in stocks of the several States ought forthwith to be prohibited by law, and that the Committee of Ways and Means be instructed to report a bill for that purpose. The question was then taken on the motion to suspend the rules, and disagreed to.

The resolution lies over.

By Messrs. BURKE and WILLIAMS of New Hampshire.

By Messrs. PARRIS, EVANS, and RANDALL of Maine.

The SPEAKER stated that the call of the States for petitions had been completed; and that reports from committees were in order; when

Mr. MASON of Ohio, from the Committee on the Public Lands, reported a bill for the relief of David Deardeorff; and

A bill for the relief of Cadwallader Wallace; which were read twice, and com nitted to the Com mittee of the Whole, and made the order of the day for to-morrow.

On motion of Mr. MASON, the same committee was discharged from the further consideration of sundry petitions in relation the purchase of alternate sections of land on the Miami, and the Wabash and Erie canals; and the petitions were ordered to lie on the table.

Mr. HUBBARD, from the same committee, reported a bill to revive an act for the relief of Jas. Hudson; which was read twice, and committed.

Mr. REYNOLDS, from the same committee, made an adverse report on the memorial of the Legislative Assembly of the Territory of Iowa, on the subject of pre-emptions to citizens, under certain circumstances; which report was ordered to lie on the table.

Mr. McKAY, from the Committee on the Post Office and Post Roads, reported a bill relative to the transportation of the mail on steamboats and =railroads, and for other purposes; which was read twice, and committed to the Committee of the Whole on the state of the Union.

Mr. McK. from the same committee, to which had been referred sundry petitions praying for the establishment of post routes, made a long report, accompanied by a series of resolutions; which he moved to have printed, and that the further con

TUESDAY, JUNE 2, 1840.

-WEEKLY

sideration of the same be postponed till Monday

next.

The report having been read,

Mr. McK. made some remarks explanatory of the same.

The question was taken on printing the usual quantity of the report, and agreed to.

On motion of Mr. CONNOR, five thousand additional copies were ordered to be printed.

On motion of Mr. HOPKINS, the further consideration of the resolutions accompanying the report was postponed till Monday next, to come up after the call of the States for resolutions shall have been completed.

Mr. TURNEY, from the Committee on the Judiciary, made an unfavorable report on the petition of Manuel Cruzat; which was ordered to lie on the table.

Mr. T. also, from the same committee, reported back to the House, Senate bill entitled, An act to repeal the several sections of the act to limit the term of certain officers therein named, and for other purposes, approved 15th May, 1820; which was referred to the Committee of the Whole on the state of the Union.

Mr. HALL, from the Committee on Revolutionary Claims, reported back to the House, Senate bill entitled, An act for the relief of Pierre Menard and Joseph Placy, accompanied by a report; which, with the bill, was ordered to be printed, and referred to the Committee of the Whole.

Mr. H. also, from the same committee, reported the following resolution; which was read, and agreed to, viz:

Resolved, That the Secretary of the Treasury be directed to report to this House, in a tabular form, the amount of money which has been paid from the Treasury, on Revolutionary claims (exclusive of pensions and gratuities) during each year, since the 27th of March, 1794, placing the principal and interest in separate columns, and arranged under the following separate heads, viz: Seven years' half pay; loan office and other certificates presented; loan office and other certificates alleged to be lost or destroyed; unliquidated claims; miscellaneous claims; and that he report how many of the said claims have been paid each year with interest, and how many without interest; and also the amount of the several classes of Revolutionary certificates which are now outstanding and unsatisfied; and that the Secretary further report the amount, in money and land scrip, which has been paid each year since the date aforesaid, in satisfaction of the alleged liabilities of any of the States of the Union for Revolutionary services or expenditures; specifying the amount paid for each State, with a reference to the acts of Congress under which the payments were made.

Mr. LEADBETTER, from the Committee on the Post Office and Post Roads, reported back to the House, without amendment, Senate bill entitled an act for the relief of Samuel R. Slaymaker; which was referred to the Committee of the Whole.

Mr. R. GARLAND, from the Committee on Private Land Claims, reported back to the House, without amendment, Senate bill entitled an act for the relief of Jean Baptiste Comeau; which was referred to the Committee of the Whole, and made the order of the day for to-morrow.

Mr. G. also, from the same committee, reported back to the House, without amendment, Senate bill entitled an act for the relief of James L. Cochran.

Mr. G. said the bill had been improperly referred to that committee, inasmuch as it was unnecssary. He therefore moved that the House concur in the amendment of the Senate.

Mr. HALL made some remarks in opposition to the motion to concur; and

Mr. THOMPSON of Mississippi advocated the justness of the amendment of the Senate, and hoped the House would concur.

At this stage of the proceeding, the House, according to order, took a recess,

VOLUME 8...........No. 27.

PRICE $1 PER SESSION.

EVENING SESSION.

Mr. PETRIKIN asked leave to offer a resolution instructing the Committee on the Public Buildings to inquire into the expediency of erecting a plain brick fire-proof building, connected with the War Department, for the use of the several bureaus therein named, and for the safe keeping of the records thereof.

Objected to.

Mr. RANDOLPH, from the Committee on Revolutionary Claims, reported the following bills, which were read twice, and committed:

A bill for the relief of the widow and legal representatives of Lieutenant Lott Hall, deceased; A bill for the relief of Thomas Park; A bill for the relief of Apollos Cooper; A bill to authorize the payment of the seven years' half pay due on account of the Revolutionary services of Francis Epps, deceased.

Mr. R. on leave, also made adverse reports in the cases of Mary O'Bannon, of the heirs of Samuel Gay, of the heirs of Levi Todd, of the heirs of Abraham Tipton, of Dolly Bacon, widow, etc. of the heirs of Joseph Olney, of the heirs of Colonel Wm. Fontaine.

Mr. THOMAS of Maryland presented documents in relation to the case of David Meyerle; which was referred to the Committee on Naval Affairs.

On motion of Mr. CRAIG, it was ordered that the Committee on Revolutionary Claims be discharged from the case of Prudence Barton, widow of Rufus Barton, deceased, and that leave be given to withdraw the same.

The question then recurred on concurring with the Senate in their amendment to the House bill for the relief of James L. Cochran; which amendment strikes out the words making the land subject to private entry.

Mr. HALL of Vermont moved that the bill and amendment be committed to the Committee on the Public Lands.

A few remarks were made by Messrs. CROSS, PETRIKIN, and POPE, when Mr. P. moved the previous question, which was seconded.

And the question being put, "Shall the main question be now taken?" there appeared ayes 70, noes 18; no quorum voting.

The SPEAKER having here announced that the hour appropriated to reports and resolutions had expired

Mr. ATHERTON moved that the House proceed to the orders of the day.

Mr. ANDREWS and Mr. TALIAFERRO urged upon the House to suffer the call of the committee for reports to be completed.

And the question having been taken, there appeared yeas 69, noes 51; no quorum voting.

Mr. HUBBARD inquired of the SPEAKER, what the orders of the day would be?

The SPEAKER replied, the business on the Speaker's table. [Among this business was the bill known as the Pre-emption bill-the question. being on its engrossment.]

Mr. BRIGGS asked the yeas and nays on the motion that the House proceed to the orders of the day; which were ordered, and being taken, wereyeas 69, nays 74.

So the House refused to proceed to the orders of the day.

The question then recurred on ordering the main question to be taken on the bill for the relief of James L. Cochran; and it having been decided in the affirmative, the main question was ordered.

Mr. STANLY asked the yeas and nays on the main question; which were ordered.

And the main question (being on concurring with the Senate in their amendment striking out the words making the lands subject to private entry) was then taken, and decided in the affirmative -yeas 87, nays 55.

So the House concurred in the amendment of the Senate.

The SPEAKER then (resumed the call upon the committees for reports; when

Mr. CASEY, from the Committee on Private Land Claims, reported back to the House, without amendment, Senate bill, entitled An act for the relief of William Esteem; which was committed to the Committee of the Whole.

Mr. HASTINGS of Massachusetts, from the same committee, reported a bill for the relief of the heirs of Ebenezer Moore; and

A bill for the relief of Rebecca Dudley, wife of Abraham Dudley;

which bills were read twice, and appropriately committed.

Mr. H. also, from the same committee, made an unfavorable report in the case of John McLaughlin; which was ordered to lie on the table.

Mr. H. also, from the same committee, reported back to the House, without amendment, Senate bill, entitled An act for the relief of Charles McKenzie; which was committed.

Mr. THOMPSON of South Carolina, from the Committee on Military Affairs, reported back to the House, with an amendment, Senate bill entided'An act to provide for the settlement of the claim of the State of Maine for the services of her militia; and

Also reported back to the House, without amendment, Senate bill entitled An act for the relief of James M. Morgan;

which bills were committed to the Committee of the Whole, and made the order of the day for to

morrow.

Mr. T. from the same committee, which was instructed to inquire into the propriety of increasing the pay of the volunteers, reported that it was inexpedient to legislate on the subject; which was ordered to lie on the table.

Mr. T. from the same committee, reported a joint resolution to present a sword to Gen. Duncan L. Clinch; which was read twice, and committed.

Mr. T. also, from the same committee, to which was referred a memorial of the Legislature of the Territory of Iowa, reported the following resolution, which was agreed to:

Resolved, That the Secretary of War be, and he is hereby, directed to receive, and cause to be examined, the muster rolls and other evidence of the claims of the Territory of Iowa for the expenses of a portion of the militia of the said Territory, called into service during the autumn of 1839; and that he report the same to Congress at the next session.

Mr. S. W. MORRIS, from the Committee on Invalid Pensions, reported a bill for the relief of John Jordan; which was read twice, and cominitted.

Mr. S. W. M. from the same committee, reported back to the House, without amendment, Senate bill, entitled An act for the relief of Jacob Greaves; which was committed.

Mr. S. W. M. also made an unfavorable report on the petition of Ira Faucher, Ephraim Beasly, Charles Griswold, Polly Churchill, Robert Marshall, and Thomas Moran; which were ordered to lie on the table.

Mr. S. STRONG, from the Committee on Invalid Pensions, reported a bill for the relief of Isaac Allen; which was read twice, and committed.

unfavorable reports on the petitions of William Ball, Daniel Fielding, and Abraham Pray; which were ordered to lie on the table.

Mr.S. from the same committee, made unfavorable reports on the petitions of Jacob Headrick, Nathaniel Masters, James Campbell, and Uriah War-ren; which were severally ordered to lie on the table.

Mr. PALEN, from the Committee on Invalid Pensions, reported

Mr. DOANE, from the Committee on Invalid Pensions, reported a bill granting a pension to Jooseph Nimblett; which was read twice, and committed.

A bill for the relief of James E. Hallock; and A bill for the relief of Henry Wells; which were read twice, and appropriately committed.

Mr. D. also made unfavorable reports on the petitions of C. Leming and Alexander McDonald; which were laid on the table.

Mr. P. also made unfavorable reports on the petitions of Joseph Pulcefor, Moses Archer, Stephen Richardson, and Amos Bull; which were ordered to lie on the table.

Mr. EDWARDS, from the Committee on Invalid Pensions, reported sundry bills, viz:

A bill granting a pension to Jacob Shade;
A bill granting a pension to Daniel Pratt;
A bill for the relief of Burnet Burdsa!l; and

On motion of Mr. P. the Committee on Invalid Pensions was discharged from the further consideration of the petition of Hugh Hammill, Pulnam Farrington, Robert White, John Morgan, and Simeon S. Morsell; and they were ordered to lie on the table.

A bill for the relief of Sarah Wildreth; which bills were severally read twice, and appropriately committed.

Mr. E. also, from the same committee, made

[blocks in formation]
[ocr errors]

8. do

9. do

of the Surgeon General;

of Topographical Engineers;
of Army Clothing;

none of which buildings are fire-proof, and if destroyed with their contents, would be a loss which could not be repaid, the Topographical bureau alone containing maps and plans, the work of years and of great importance, and which could not be replaced but at a cost of a large amount of money; therefore,

Resolved, That the Committee on Public Buildings and Grounds be instructed to inquire and to report to this House, the practicability of erecting a plain building, principally of brick, connected with the present building occupied by the War Department, either in whole or in part fire-proof, the cost of which shall not exceed sixty thousand dollars, for the accommodation of the several Bureaus before named, and the safe-keeping of the records thereof.

Mr. CHRISTOPHER H. WILLIAMS, from the Committee for the District of Columbia, reported a bill to provide for the repairs of the Potomac Bridge; which was twice read, and committed.

Mr. FLETCHER, from the Committee on Patents, reported a bill for the relief of John W. Faunce; and a bill for the relief of John J. Roane; which were read twice, and committed.

Mr. UNDERWOOD, from the Committee on reported a joint resolution directing a further distribution of the Biennial Register; and to amend the resolutions directing the publication thereof; which was read twice, and

After a few remarks by Mr. CRABB in opposition to the resolution, and Mr. UNDERWOOD in favor, it was committed to the whole House to

morrow.

Mr.W.O.BUTLER, from the Committee on Military Affairs, reported a bill for the relief of Colonel William Piatt; which was twice read, and committed.

Mr. H. J. ANDERSON, from the Committee on Naval Affairs, reported back to the House without amendment Senate bill, entitled "An act for the relief of Lieutenant John E. Bispham;" which was committed.

Mr. H. J. A. from the same committee, made unfavorable reports on the petitions of John A. Dickason, William Boerum, and Zebulon Wade: Laid on the table.

Mr. H. from the same committee, reported a bill for the relief of Elizabeth Champney, and

A bill for the relief of Samuel Hambleton; which were read twice, and appropriately com. mitted.

On motion of Mr. A. the same committee was discharged from the further consideration of the resolutions of the common council of Brooklyn, in the State of New York, in relation to the Dry Dock at that city; also, from the memorial of citiizens of Sherborne, Chenango, Oneida, and Columbia counties, in the State of New York, in rela tion to the use of intoxicating drinks in the army and navy, and among the Indians; and that said memorials do lie on the table.

Mr. GRINNELL, from the Committee on Naval Affairs,reported the following bills; which were read twice, and committed:

A bill for the relief of Allen Rogers, of Maine. A bill for the relief of Harriett Barney, of Ken. tucky.

Mr. HOLLEMAN, from the Committee on Naval Affairs, made an unfavorable report on the per tition of Thomas Bingey and Ignatius Lucas.

Mr. TALIAFERRO, from the Committee on Revolutionary Pensions, reported a bill for the relief of William Harper; which was read twice, and committed.

Mr. TALIAFERRO, from the same committee, reported back to the House, without amendment, Senate bills of the following titles; which were committed to the Committee of the Whole, viz:

An act for the relief of Margaret Barnes, widow of Elijah Barnes;

An act granting a pension to Daniel Waller; An act for the relief of Joseph Bassett; An act for the relief of Samuel Collins; An act granting a pension to Hannah Leighton; An act for the relief of Tylor Spafford; An aet for the relief of Mary Neal, widow of Samuel Neal, deceased; and

An act granting a pension to Pamela Allen, widow of the late Samuel Allen, a soldier of the Revolution.

Mr. T. from the same committce, made unfavcrable reports on the petitions of Sarah Rockwell, Henrietta Davenport, Thomas Bootman, Jacob Wiley, Archil Johnson, Han pton Stokes, James Fisher, William Oliver, Benjamin Lyon, Hannah Waldo, William B. Davis, Agnes Smith, John Savage, Mary Crysell, Nancy Williams, Thomas Hughart, Elizabeth White, and Nathan Eartbrook; which were severally ordered to lie on the table.

Mr. DAVIES of Pennsylvania, from the Committee on Revolutionary Pensions, reported a bill for the relief of Edward Putnam; which was read twice, and committed.

Mr. ANDREWS, from the same committee, reported a bill for the relief of David Freelove; which was read twice, and committed.

On motion of Mr. A. the same committee was discharged from the further consideration of the petitions of Elijah Barden, and David Mullery; and they were ordered to lie on the table.

Mr. CARR, from the Committee on Revolu tionary Pensions, reported a bill for the relief of the legal representatives of Col. John Stone, late of the Revolutionary war, deceased, which was read twice, by its title, and committed to a Committee of the Whole House, and made the order of the day for

[blocks in formation]
[ocr errors]

Mr. MONROE, from the Committee on Military Affairs, reported a bill authorizing the construction of a steam vessel, under the direction of the Secretary of War; which was read twice, and commit ted to the Committee of the Whole on the state of the Union.

Mr. CONNOR, from the Committee of Ways and Means, made an unfavorable report on the pe tition of James S. Bount; which was laid on the

[blocks in formation]
[ocr errors]
« ΠροηγούμενηΣυνέχεια »