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Mexico Under this impression, ho thought 1 it our duty to rccognizo at tho earliest period the independonco of Texas, for the good tjoth of that country and Mexico. If tins were not done, and the contest should con tinue, Texas would not bo confined within the limits of the Del Norte. Sho would pass over, and shake tho Mexican Confe. doracy, or whatever else it might be called. Mr. C. was willing to vote for tho recogni tion, md tho earlier tho better. The message and documents were now lro3 on tho table, and ordered to bo printed. House or Repbrsentatives. January 25, 1837. Tho hour having elapsed, the House, on notion of Mr. Vandcrpocl, proccedo i to tho orders of tho day. - ADMISSION OF MICHIGAN. The unfinished business was tho Dill to nrovido for tho admission of tho State of Michigan into the Union ; and tho pending questionr was on the demand of Mr. Abijah Mann, submitted yesterday for tho previous question. Tho House seconded the call, and order ed that tho main question should now bo put. Mr. Briggs, of Mass., called for the Yeas 'nnd Nays on the main question, which wcro ordered. And the main question 44 Shall the Dill bo ordered to a third reading" was then taken, and decided in tho affirmative : Yeas 140, Nays 59. YEAS-Mesrs. John Qmncy AnM8,Anthony, Ash, Barton, Boan, Coll, Black, Bockec, Boon, Bouldin, Boveo, Boyd, Brown, Buchanan, Bunch, Burns, Bynum, John Calhoon, Cambrolong, Carr, Casey, Chapman, Cliapiu, N. II. Claiborne, John V. II. Claiborne, Cleveland, Coles, Connor, Craig, Cramor, Cushman, Davis, Danny, Doublcday, Dromcoolo, Dunlap, Fairfield, Farlin, Forostor, fowler, Fuller, Galbraith, Janios Garland, Rico Garland, Gholson, Cillct, Giluncnck, Graham, Grantland, Haley, Joseph Hall, Hamcr, Hanno. fan, Samuel S. Harrison, Albert G. Harrison, Ilawen, Hawkins, Haynrs, Henderson, Holscy, Holt, Howard, Howell, Hubby, Hunt, Hunting, ton, Huntsman, Ingham, Joseph Johnson, llichd. M. Johnson, Cave Johnson, Honry Johnson, Ben jamin Jones, Kennon, Kilgoro, Kliiigrneiiiith, JLnno, Lansing, Liporto, Lawlor, Lay, Gideon Lee, Joshua L"e, Thomas Lee, Luke Lea, Loon, ard, Logan, Loyall, Lucas, Lyon, Abijah Mann, Job M inn, Mirtin, William Mison, Moses Ma, eon. May, McComos, McKay, McKcon, McKira, Miller, Montgomery, Morgan, Morris, Muhlen. berg, Owcus, Page, Parks, Patterson, Franklin Pierce, Dutoo J. Pearce, Peyton, Phelps, John Reynolds, Joseph Roynolds, Rogers, Schcnck, Seymour, Augustine II. Shonpcrd, Shields, Sick, let. Smith, Spraguo, Standifor, Sutherland, Taj. lor, Thomas, John Thomson, Touccv, Towns, Turrill, Vandcrpool, Wagcnor, Ward, Wardwell, W ebster, Weeks, While, Thomas T. Whittlesey nd Yell 140. NAYS Messrs. Homan Alton, Bailey, Bond, Briggs, William B. Calhoun, George Chambers, John Chambers, Chaney, Chetwood, Darlington, Dawson, Debcrry, Elmoro, Graves, Grayson, 'Griffin, Ililand Hall, Hardin, Harper, Hazeltine, Heister, Hopkins, Ingcrsoll, Janes, Jarvis, Jcni. for, Lawroneo, Lewis, Lincoln, Love, Sonipson Mason, McCarty, McKennan, McLnno, Mercer, Milligan, James A. Pearce, Phillips, Pickens, I'incknoy, rotts. Reed, Rencher, Russet, Slade, filoane, Steele, Storer, Tuliaferro, Waddy Thomp. on, ' Underwood, Vinton, Elisha Whittlesey, 13 wis Williams, Shcrrod Williams, Wise, and Young 58. And the House determined that tho Bill should bo read a third time, now. 'The question then recurring on tho final passage of tho Bill : Tho House was nddrcssed by Messrs. Jenifer, Thomas, Howard, and Pearce, of Maryland, Tho remarks of these gentlemen were directed, almost exclusively, to tho lato re. vo.urtonary movement of tho nineteen re creant senatorial electors of tho stato of Maryland. It was contended by Messrs. Jenifer and Pcarco that tho proceedings of the second convention of the state of Michu gan, were politically akin to tho movement of the nineteen ; and it was argued on tho other hand, by Messrs. Thomas and How nrd, tliat the people, represented as they were, had a right in both instances to act as they did. The debate, in some points, grew warmly personal ; but all ofFensivo expres. Bj'ons were subsequently explained away, as not being intended to give individual offence, tut as having reference merely to great go. neral principles. Mr. Cushman rose to inquire whether the IIouso was not of opinion that this ques. tion had been sufficiently debated. Ho felt crfectly sensiblo himself that it had been, and io thereforojrtoved the previous ques. tion. This announcement was received with roars of laughter from every part of tho House. But the House seconded tho call, and or. dcrcd that tho main question should now be taken. Mr. Chapin, of New York called for tho yeas and nays on tho main question, which were orderod. - And the main question, "Shall tho bill pass V was then taken, and decided in the affirmative yeas 132 ; nays 43. YEAS -Messrs. Adams, Chilton Allan, An. thony, Ash, Ashley, Barton, Bean, Boaumont, IJjII, Black, Uockee, Bouldin, Bovee, Boyd, Brown, Buchanan, Bsixns, John Calhoon, Cam. breleng.CampbolI, Carr, Carter, Casey, Chancy, Chapman, Chapin, N. H. Claiborne, John F. H. Claiborne, Connor, CramW, Cushman, Denny, Doubloday, Dromgoole, Durt.ip, Efner, Farlin, Foroster, Fry, Fuller, Galbrailh, Jamos Garland, Rice Garland, Gholson, Gillct, GUacock, Gra. ham, Grantland, Grayson, Haley, Jo?ph Hall, Hamer, Hannogan, Albert G. Harriso!:. JIawes, Hawkins, Haynes, Henderson, Horod, Howard, Howoll, Hubley, Hunt, Huntington, HuntAinau, Joseph Johnson, Richard M. Johnson, i ave John. tr I." : 1 vi: ... on, fvennwi, i"'sni, jviingenamun, iano, Lansing, Lay, Joshua Lee, Thomas Lee, Luko Loa, Leonard, Logan, Loyall, Lucas, Lyon, AM. jah Mann, jr. Job Mann, William Mason, Moses Mason, McComas, McKay, McKim, Miller, Montgomery, Moore, Muhlenberg, Page, Parks, Patterson, Patton, Dutco J. Pearce, Teyton, Pinckney, John Reynolds, Joseph Reynolds, Richardson, Robertson, Rogers, Schonck, Soy. mour, Shnppord, Shields, Shinn, Sickles, Smith, fiprague, Standofer, Sutherland, Taylor, Thomas J. Thompson, Toucey, Turrill, Vandorpocl, Ward, Wagoner, Wardwell, Washington, Webstor, Weeks, White, Thomas A. Whittlesey, and Yell. 133. NAYS Messrs. Bailoy, Bond, John Cham. lers, Chetwood, Corwin, Crane, Darlington, Dawson, Elmbro, Evans, Graves, Griffin, Hardin, Hart in, Hazeltine, Heister, Hoar, Hopkins, In. orsoll, Janes, Jarvis, Jenifer, Lawrence, Lewis, Ancoln, S. Mason, Meraer, Milligan, James A. Pttaroc, Pearson, Phillip", Pickens, Potts, Reed, Russell, Rtoolo, Storer, Talliaferro, W. Thomp. oa, Underwood, FJishi Whittlesey, Lwis WiU liams and Shcrrod Williams 43. SO THE BILL WAS PASSED. And, on motion of Mr. Briggs, at eight minutes before six o'clock, the House ad. journed. x SENATE Thursday, Jan. 20. V MICHIGAN SENATORS. Tif bfll for tho admission of the State of Michigan having received tho signatuic of tho Prosident of tho United States, Mr. Grundy rose and moved that tho Senators from tho Stato of Michigan bo admitted to lake their oath and their scats. Mr. Grundy then presented thocreden- tials of tho Hon. Lucius Lyon and the lion. John Norvcll, winch wero read, and those gentlemen accordingly took tho oath and thctr seats. Mr. Morris offered tho following resolu tion. Resolved, That tho committeo on tho Judiciary bo instructed to enquire into tho nature and claim of . - to tho tract of land on which is tho fort at Chicago, in the state of Illinois, and that they also inquire whether any part of the claim, or lot of land has been disposed of or transferred for tho purpose of creating an interest, in order to procure tho confirmation of said claims, and that tho Commissioner of the General Land Office proceed no further in tho ex. animation of said claim until tho whole in quiry is had ; and tliat tho committeo have power to send for persons and papers and to examino witnesses under oath. Mr. Ewing, of Illinois, offered a rcsolu tion requiring the committeo on Public Lands to inquire into tho expediency of giving tho stato or Illinois tho right ot pre. cmption to all the Public Lands, lying with in three miles of any of tho great public woiks of tho stato ; which resolution was agreed to. . SPECIAL ORDER. Tho Senate proceeded to consider tho Bill to prohibit tho salo of Public Lands, except to actual settlers, and in limited quon tities. The Question bcim? on the motion of Mr. t - - O " - Morris, to strike out the 4th section of the Bill, Mr. Walker fwith tho consent of Mr. Morris brODOsed an amendment of this section so as to Obviato what ho conceived to be tho principal objections to tho section, wmcn amcnument was agreed to, Mr. Morris. Considering thf rnnnrm no beneficial, withdrew his motion, reserving to nimscii ir.c right to voto for or against tho bill as ho might think proper. Mr, Rustics stated that tho amendment i . , iitid a retrospective, as well as prospective operation. To tho latter ho had a strong objection. After the bill should bo report ed to tho oenatc, he would state his objee tions more at lcnsrth. Mr. Walker then moved other amend. mcnts, with n view to mako tho bill more secure against evasions. Mr. Morris took an ODDortunitv to state. that on further reflection, ho had come to tho conclusion that the objectionablo feature in the 4th section had not been removed by tho amendment of the Chairman. Thero wero other objections ho had to tho bill, but ho was willincr that tho Chairman should render the bill as perfect as possible, beforo no tooK lurtner ground against if. Mr. Linn suggested to the Senator tho propriety of making a motion to striko out this section. Mr. Whito moved to strike out the last clause of the 3d section, viz: u and in all cases of tho forfeiture of the title to the United States, under tho provisions of this act, tho purchase money shall be refunded without interest." He stated that the effect of this oroYision would bo to induce indivi duals, after an occupation of lands for five years, in many instances, to lorleit the lands and cct back tho nurchaso monev. Mr. Walker thought such cases would be rare, and that tho loss of his tract, of tho privilego of making any future purchases ui i uunu jjiuius, oi uiu laxus no nau paiu, of his improvements, and tho interest of his money, would bo a sufficient guaranty against voluntary toneiture. Mr. Grundy said that tho timber on tho banks of tho Mississippi was of immense vaiue, ana mat a man who would take his negroes, cut down this timber, and, at the end ot tivo years tortcit his purchase, would make as largo a iortuno as could bo wish ed for. Mr. Linn acquiesced in the propriety of meso objections to tho provision. Mr. Walker said, the Committeo on Pnh lie Lands had no objections to the provision. tho striking out of which would place the Din precisely m tho lorm in which it was reported. Tho clauso had been inserted to gratify some Senators from tho new States, who had declared that they would voto against the hill without such provision. Mr. Clay suggested that if tho clauso was retained, in a financial view tho Secretary of the Treasury would be in constant per plexity how to make out his annual esti. mates, as he could not forcsco what quantity of lands would be forfeited, and what amount of money would be to be forfeited. Tho amendment was agreed to. Mr. Clay moved to strike out tho various provisions for tho forfeiture of the purchase money, which occur in ditlerent parts of the bill, for tho purpose of avoiding incongruity, which was agreed to. Mr. Ewing, of Ohio, in reference to tho amendment which ho . had laid on tho tabic some days since, said he would decline of. ferine himself, becauso he did not wish to meet it hereafter, as his proposition, boinfr opposed to tno iJiii altogether. It any other senator wished to mako tho motion, he would support it with his vote, although he should vote against tho Bill. House of Representatives. TEXAS. Tho Speaker presented a message from tho President of tho United States, trans. mitting a report from the Secretary offetate. with accompanying documents, on the sub. jeet of the relations botween tlie United States and Mexico, and transmitting further information in relation to tho political con. dition of Texas. Mr. Howard, of ATd., moved that tho message and accompanying documents bo referred to tho Committee on Foreign Af. fairs, and bo printed., Mr. Boyd, of Kentucky, moved to amend the motion of Mr. Howard by requesting tho said Committee to report a resolution acknowledging the Independence of Texas. The Houso was instantly in an uproar, and a number of member j wcro on the floor at tho samo time. Mr. Heed, of Afass., called for tho read ing of tho message and documents. Mr. Vinton moved an adjournment, which motion prevailed. Friday, January 27. Mr. Thomas moved that Isaac E. Cbary who was in attendanco from tho State of Michigan, and whoso credentials were pre. senied at tho last 'session of Congress bo now qualified, sworn, and assigned to his scat. Mr. Robertson said, being perfectly sat isficd in his own mind that this individual was not entitled to a seat on that floor, ho must oppose tho motion ; and ho there- fore moved to commit the question touch ing tho election, qualification, and return of the member-claiming his scat from Mich igan to tho committeo on elections. Ho supported his motion on tho ground that at tho time of Mr. Crary s election, Michigan was not a stato of this Union, which only took place yesterday, and that any election mado by her, when in a state of Ter ritorial subjection, must bo null and void. - r Mr. Thomas cited a number of prece dents, showing that senators and members of tho houso from new states, who must have been elected long prior to tho ratifi cation of their respective constitutions by Congress, had been permitted to take their scats ar soon as their states wero admitted. 'I ho cases of Illinois, Missouri, Mississippi, Alabama and Indiana, bore directly, nnd Tennessee especially on tho point. Mr T. cited from tho journal tho proceedings on those cases, in proof of their identity with those of Michigan. Mr. Huntsman called for tho reading of what he termed the gontlcman's "titles," re marking that ho wished to sec "tho sizo of his commission." The papers in question wero then read from tho Clerk's table, as follows : Stale of Michigan, ss. . This shall certify that, at an election held on. tno first Monuay'in October and the sue. cccding day, in tho year of our Lord one thousand eight hundred and thirty-five, pur suant to tho provisions of tho sixth section of tho Schedule to tho Constitution of tho stato of Michigan, Isaac E. Crary was du ly elected representative for tho stato of Mbhigan in tho Congress of tho United States. In testimony whereof, I have hero unto set my hand, and caused tho great seal of tho Stato of Michigan to bo afiixed. Dono at tho city of Detroit this 11th day of November, in tho year of our Lord ono thousand eight hundred and thirty-five, and of tho hide pendence of tho United States tho six tieth. (Signed) STEVENS T. MASON. Governor of the Stale. Mr. Huntsman then said, that if tho gen. tlcmen choso to amuse themselves with this question, and fight tho Michigan battle o. yer again, he, for one, was not disposed to indulge them ; and therefore added no "Mr. Speaker, I call for the previous question most loudly." Tho Chair stated the main question would be, "that Isaac E. Crary bo qualified as a member of tho Houso from tho State of Michigan." ' Tho previous question was then second ed by the house ayes 97, noes not count- cd, and the main question ordered without a division. Afr. Young said as ho wished to record his vote in favor of tho admission of Afich ignn into tho Union, ho would ask for the yeas and nays on tho main question of qual ifying its member. The yeas and nays being ordered, tho question was then taken and decided in the affirmative yeas 150, nays 32, as fol lows : Yeas Messrs. Adams, Chilton Allan, Antho ny, Ash, Ashley, Bailoy, Barton, Bean, Boll, Black, Boon, Boyd, Brown, Buchanan, Bunch, If urns, Uynum, John Calhoun, Wm, B. Calhoun, Cainbrelonp, Carr, Casscy, Georea Chambers, Chapman, Chapin, John F. II. Claiborn, Cleave. land, Coles, Craig, Cramer, Cushing, Cushman, Darlington, Doublcday, Dunlap, Efnor, Elmore, Fairfield. Farlin, Forester, Fowlnr, Fry, Fuller, Jamos Garland, Rice Garland, Gholson, Gillct, Glascock, Graham, Granger, Grantland, Gren. noil, Haley, J. Hall, II. Hall, Hamcr, Hard Hardin, Harlan, Samuel 8. Harrison, Albert G, Harrison, Hawes, Hawkins, Haynes, Henderson, llofod, Hoar, Holt, Hopkins, Howard, Hubley, Hunt, Huntington, Huntsman, Ingham, William Jackson, Janos, Jarvis, Jenifer, Joseph Johnson, Cava Johnson, Henry Johnson, Benjamin Jones, Kennon, Kilgoro, Klingensmith, Lano, Lansing, Liwlcr, Lawrence, Lay, Gideon Lee, Joshua Loo, Luko Lea, Leonard, Lowis, Iogan, Loyall, Lyon, Job Mann, Wm. Mason, Mosos Mason. Sampson Mason, Maury, May, McComas, Mc. Kay, AlcKennon McKeon, AIcKtm, Moore, Mor. gan, Page, Farker, Fattcrson, Franklin Pierce, Peyton, Phelps, Pickens, Rencher, John Rey. nolds, Richnrdson, Rogers, Schcnck, Seymour, Augustine II. Shoppera, Shields, Shinn, Sickles, Spanjrlcr, Standofer, Stoelo, Storer, Sutherland, Taylor, Thomas, John Thompson, Waddy Thompson, Turner, Turrill, Vandrpool, Ward. well, Washinton, Webstor, Weeks, White, Elisha Whittdscy, Thomas T. Whittetscy, Yell and xoung lou. Nays Messrs. Heman Allen, Bcale, Bond, John Chambers, Chetwood, Childs, N. H. Clai- borno, Corwin, Crane, Dawson, Dberry, Evans, Everott, Graves, Grayson, Griffin, Harper, Ha. zoltino, Ingcrsoll, Love, Millignn, Patton, Pear. son, I cttigrew, 1 hilhps, rotts, Robertson, Rusnr, 1 tiliaforro, Underwood, Vinton, and Lewis Will ianis 32. So the house decided that Isaac E. Crary bo now qualified to take his seat as a member from tho State of ilichi. gan. Afr. Crary was then proceeding to tho ta. blc, when Mr. Dawson arose, and express, ed an intention of moving to reconsider the last vote, to enablo him to give his reasons for votine: osrainst the admission of Afichi. gan, and against tho motion to qualify tho gentleman presenting himself as its mem. bcr. Tho Chair reminded tho gentleman from Georgia, that, as ho had not voted with the majority, he could not make that mo tion. Mr. Dawson, appealed to some gentle man who had voted in the, majority to mako tho motion he had indicated. Afr. Thompson of South Carolina, said ho had done so ; and to enablo his friend from Georgia to assign the reasons for his vote, ho moved to roconsidcr accord, ingly. Afr. Dawson briefly assigned his reasons, which wcro substantially that Afichigan was only a Territory and not a Stato at tho e. lection of ATr. Crary. . Mr. Pickens contended that Michigan was a Stato de facto beforo her admission, and must bo so, by tho terms of tho Constitu-' tion, or sho could not bo admitted at all, for Congress had power only to admit "Statcs'and not "Territories" into the confederacy. Therefore ho should voto for tho qualification of Mr. Crary. Mr. Everett rose and caught tho eye of tho Speaker. Mr. Thompson roso at tho samo time. and said ho would withdraw his motion to reconsider, but tho Chair having announ ced tho former gentleman as obtaining tho floor, could not entertain tho with, drawal. Mr. Everett contended that Michigan could not bo a State, even under tho ordinance, until her admission by Con- grcss. Mr. Cushman moved the previous ques. tion. Mr. Thompson of South Carolina with. drew his motion to reconsider. Mr. Crary was then qualified, and took his scat as a representative in Congress from tho Stato of Michigan. In Senate Saturday, Jan. 29. As soon as tho Journal had been read Afr. Van IJuren roso, and took leave of tho Senate, in the following address : . ' Sejutobs Tho period is at hand which is to terminate tho official relation that has existed between us, and I havo probably never to return to a body, with which I have been long connected, where somo remain whom 1 found hero fifteen years ago, and where in tho progress of public duties, per sonal associations have aurfvti never to bo forgotten. From such scenes I caunot re- tiro without emotion. Nor can I give to tho Senato the usual opportunity of choosing another to preside for a timo over their deliberations, without referring to tho matter in which I have endeavored to discharge a gratifying hon orable trust connected with the office to which my country called mc. Entering upon it with unaffected difli dence, well knowing how little my studies i i .i: i. ii.T. . , .v uau uwu mrecieu 10 lis peculiar uuties,i was yet strengthened by tho determination then expressed, so to discharge tho authority with which I was invested as " best to pro tect tho rights, to respect tho feelings and to guard the reputation of all who could bo effected by its exercise." I was suro that if successful in this I should bo pardoned for errors which I could hardly expect to avoid. In tho interval that has since elapsed, it has been our lot in this assembly to pass through scenes of unusual excitement ; the intense interest iff absorbing topics which nas pervaded our wholo community could not bo unfelt within these walls. The warmth of political parties natural in such times ; tho unguarded ardor of sudden de. bato : and tho collisions seldom to bo se. parated from the invaluable privilege of free discussion havo not been unfrequently min. gled with tho more tranquil tenor of or dinary legislation. I cannot hope, that in emergencies liko these, I havo always been so fortunato as to satisfy every ono around mc. Yet I permit myself to think that tho extent to which my decisions havo been ap proved by tho Senate is somo evidence that my efforts justly to administer their rules, have not been vain ; and I conscientiously cherish tho conviction that on no occasion have I departed from my early resolution or been regardless of what was due to the rights or the feelings of the members of tnis oody. i nougn l may hcncelorth bo separated from tho Senate, I can never ceaso to revert with peculiar interest to my loug connection with it. In every situation in my future life I shall remember with a just pndo the evidences of approbation and coniiocnce wnicn i nave here received ; and as an American Citizen, devotedly at tached to tho institutions of my country, I must always regard with becoming and sin cere respect a branch of our government entrusted with such extensive powers, and designed by our forefathers to accomplish sucn impartant results. Indulging an ardent wish that every sue cess may await you in performing the ex alted and honorable duties of your public trust, and offering my warmest prayers, that prosperity and happiness may be constant attendants upon each of you along the future paths of life, I respectfully bid you fare well. Afr. Van Buren then retired, and tho Senate proceeded to ballot for a President pro tern. The ballots being deposited, there appeared to be 39 votes given 19 ncccs- sary to a choice, of which Afr. King of Alabama, had 37, Mr. Southard 7, and the others wero scattering. ATr. King of Ala bama, was therefore declared to be elected President jro tern, and ho was conducted to tho Chair by Mr. Benton. Tho President protcm. then addressed the benate. Afr. Norvell, on leave, introduced a bill for tho relief of James Withcrel, which was read twice, and referred to tho Committee on Revolutionary claims. Mr. Calhoun offered tho following reso. lution, which lies over for one day. Resolved, That tho President bo request. ed to communicate to tho Senato a copy of tho correspondence with the government of ureat uritam in relation to the outrage com mitted on our flag, and tho rights of our citizens, Dy me aumonties ot iiermuda and New Providence in seizing the slaves on board of tho brigs Encomium and Enter prize, engaged in the coasting trade, but which were forced by shipwreck and stress of weather into tho ports of thoso islands. SPECIAL OltDER. Tho special order being called, viz: a bill designating and limiting the funds receivable for the revenue of the United States. ATr. Sevier moved to postpone this bill in order to take up the Land Bill. Afr. Clay said that many Senators had gone away, not expecting tho Land Bill to be taken up. Afr. Ltnn was in favor of postponement, and expressed a hope that this Bill would not pass at all, unless the Land Bill should bo passed. Mr. Sevier said ho would vote for this oill whether tho Land Bill passed or not. But the debate on thU hill was likely to last a weeK or ten days. After a few words from Afr. Afooro and Afr. Linn, tho question was taken on the motion to postpone, and was negatived ayes la. The bill was then taken up for discussion. Afr. Walker mado remarks at length in reply to Afr. Benton. After Mr. Walker had concluded, Afr. Webster asked a question relativo to an existing law which makes Virginia scrip currency a payment for lands, and as it was not answered to his satisfaction, ho laid on the table an amendment touching that point, which ho would offer on Aonday. Afr. Rives expressed a desire to mako somo observations in , support of tho bill, and moved an adjournment, which he with, drew, and Afr. Benton offered tho following rcsolu. tion. Resolved, That tho Senate cordially re. ciprocato the sentiments of personal kind, ness expressed by tho Vico President to. wards tho members of this body, on taking leavo of them, and that tho thanks of the Senate bo presented to Martin Van Buren, Vice President ot the. United States, in tes timony of the impartiality, dignity and abili ty with which ho has presided over their de. liberations, and of their entire approbation of his conduct iti tho dfschargo of tho ar. duous and important duties nssltmod him as President or the Sunato. The resolution was then considered and agreed to. ON THE EXPUNGING RESOLUTION. Tho Expunging Resolution occupies so much attention at present, and is withal, so important in itself, that wo feel boundto dlsscminato as much of the information as possible in regard to tho merits ' of tho subject. To . that end wo copy to. day, somo portion of tho speech of Mr. Dana of Maine, omitting thoso which do not bear distinctly oil tho question. It is a convenient abstract of tho arguments that may be offered on one branch of the subject tho legality and justice of tho original resolution. It docs not undertake to defend the act censured by the Senate, but only examines the propriety of that censure. It is a plain, cogent and brief statement, and wo expect every lover of truth, who would know tho truo merits of this question to pe. ruse it carefully. As to the act of the President which the Senato assumed to con. demn, tho people of tho United States have judged of that and given their approval. AT. Y. Times. SPEECH OF MR. DANA, OF MAINE. In Senate, Jan 12 and 13, 1837 on tho Expunging Resolution. ' This Resolution, (in theso words," Resol. ved, That tho President, in tho lato pro cceding in relation to tho revenue, has as sumed to himself authority and power not conferred by tho constitution and laws, but in oerrogation ot both,") holds up tho President to tho people as an usurper : as a violator of that constitution which ho has sworn to support. . i My first inquiry, Mr. President, is, how was this resolution passed ? In , what capacily did this honorable Senate act when they passed it? This body has a legisla tive and Executive character, and, in one instance, and in one alone, a judicial char, actor, viz. tho trying of impeachments. Although the Senate has a legislative char, actcr, yet it is presumed this body would not act in that capacity only on subjects of le. gislation. And this surely could not bo such ; thero ia no matter on which legisla. tivo action could be had. If the President was guilty of n violation of the constitution and laws, if ho had committed high crimes and misdemeanors, no legislation would reach him ho must be tried bv tho consti. tution and laws, as they existed at the time ot his supposed offence. To mo it is clear inai ims honorable body had no legislative jurisdiction on this subiect. Did they then act in their executive capacity ; no sir; for uicir records show no such proceedings in t-xccutivo business. Ho must havo been tried, then, bv this honorable Senate in their judicial capacity ; and this body nun ine sole power to try all indictments gi ven it by tho constitution, and when sitting jor that purpose in their judicial character. Tho rules of procedure, as adonted Decern. bcr 31. 1804. in this honnrahlft Spnate. to be observed in cases of impeachment, re quire "that at 12 o'clock of tho day ap pointed for tho trial of tho impeachment, tho legislative and executivo business shall bo suspended, and the Secretary shall then administer tho following oath to tho Presi dent of tho Senato : "You solemnly swear (or affirm) that in all things appertaining iu mo inai oi mc impeaenment ot you will do impartial justice accordinsr to tho Constitution and laws of the United States : and tho President shall administer the said oaths to each Senator present." This clearly shows, Mr. President, tho views which this honorablo body had here tofore entertained of their own powers, and at tho samo timo too, when they wero cool aim uispnssionaie, and about to ezercise their high judicial functions. Here sir you nnu an important tact, that the Senato ne ver did exercise their legislative and judi cial functions at the samo time : thev are distinct in their natures, and have ever been so considered by mis honorable body, and havo ever been so considered by this honorablo body, and so exercised by them, until the 28th of March, 1834, when for some purpose, of which I will not now speak, for the first time, (and God grant it may bo for tho last,) tho legislative and ju dicial functions of this body, contrary to their own rules of procedure, and in viola, tion of tho constitution, were exercised at one and tho samo time, and a judicial sen. tenco is clothed in legislative language. If the object was, sir, to bring a bold offen. der to justice, why not pursue tho legal and constitutional course ? Why violate both ? But if tho object was to exhibit the Presi. dent as a daring usurper, and unworthy of the confidence of tho 'people, this scheme, this project, would seem to havo been the most probable to accomplish it. But it has failed, totally failed. Again, sir, another rule of this body, a dopted at the samo timo as tho former, re quires that a summons shall bo issued to tho person,accused which summons shall bo signed by their Secretary, sealed with their seal, and served by tho sergearrt-at-arms. This rule also shows clearly that this hono rablo body never contemplated the exer cise of their legislative and judicial func tions at the samo time. Then, sir, if this position is correct, the sentence of condem nation contained in this resolution was a. ju dicial act, and could only have been done by a judicial tribunal. . Again, sir, it is tho right of tho accused to have the offence with which ho is charg ed, clearly and substantially set forth, and to bo duly notified of tho timo and placo of trial ; to havo an opportunity to appear be. fore this august tribunal, hear tho allega tions and proofs against him, and confront his accusers faco to face, and then to make his defence. Now, Mr. President, let me ask when tho Chief Magistrate of this na tion was condemned, in the resolution pro posed to bo expunged, did this honorablo body suspend legislative and executive bu siness 7 Did they organize themselves as a judicial tribunal? Did the President of tho Senato tako the above oath prescribed by the rules of this honorable body t Did ho administer the oath to every Senator present ? Was tho accused furnished with a full and clear description of tlw charges brought against him? Was he notified of tho time and place of trial ? And was ho permitted to face his accusers? If not, then, sir, permit mo to ask, has ho been tried by tho rules prcsontcd by this honora ble body ? No, sir ; ho has been tried and condemned for a violation of the constitu tion and laws of his country, which ho had sworn to support, contrary to our own rules rules which this body had adopted for the trial of such offenders as he is accus- od of beine. Mr. President : Havinor shown that the President was tried and condemned without form, I will now inquire if ho has been tri ed according to tho provisions of the Cons, titution and laws of our country ? In what cases, let me ask, can this honorable Senate act. In their judicial capacity? Let the Constitution answer. 'The Senato shall have tho solo power to try all impeachments, and that instrument conveys to this body no au thority to try except in cases of impeach-' ment. Hero is the extent ot our power, and hero is our authority limited. - Yes, sir, we can try impeachments, and impeach mcnts only : but, sir, can tho Senate origi nate impeachments 7 No, sir, they cannot. Tho Constitution has declared, in so many words, that "tho . Houso of Representatives shall havo tho solaower of impeachment." Have they exercBed that power ? Have they accused the President of "assuming on himself authority and power not conferred by tho Constitution ano law, but in derroga tion of both 7" Havo they impeached him for so doing ? Where is tho evidence of it? Have they notified tho Senate of such impeachment? No, sir, they have not dono it. The impeaching Lpower has ne ver acted in this case. They have not ac cuscd the President of any offence what ever. Where then, sir, I ask, is our juris, diction ? Wo havo no power to try, until tho House, tho accusing power, have im. peached ; none at all ; not tho shadow of any jurisdiction. Can it be, sir, that with out even the forms prescribed by this hon orablo body, widiout an impeachment, with out an accusation of any kind, wo have as. sumed jurisdiction, tried and condemned tho President of tho United States for a vi olation of k tho Constitution and laws of his country 7 , And shall this resolution remain on our journals or shall it be expunged ? Can this be done ? Has this Senate a right to do it ? Thero is no rule of more gencr al application than this. The 1 power that creates can destroy tho power which can make, can unmak(j tho power which puts up, can put down--and why should not this rule apply as well to records as to all other cases ? unless, sir, it be a record of vested rights, about which we have recently been so highly entertained ; and I cannot per ceivo that there are any vested rights in this resolution. I think tho accused will claim none in this case. I apprehend, sir, that every legislative, executive, and judicial body, have a right to alter, strtke out, insert, erase, correct, and amend their records. It is an inherent, co-ordinate power, without which such bod ics could not exist, and transact their busi. ness Is there a timo limited, within which such alterations and amendments should be made ? If so, what is tho time ? A day ? a month ? a year ? In tho history of rec ords, no such limit is fixed. I trust, then, sir, such alteration may bo made at tho time deemed most proper by the body to which they belong. If then, sir, such bodies havo their records under their own control, why may they not erase, blot or expunge, at pleasure 7 Is there any par. ticular form or manner in which this shall be done ? None. Then, sir, if there is no particular time limited for doing this, nor any manner prescribed in which it must be done, tho time when, and the man ner of doing it, are at tho pleasure of the body to whom theso records belong. If then, sir, wo have tho power to expunge this resolution, is it expedient so to do? January 15. Mr. President, In the re marks which I had the honor to submit yes terday, on this subject, I endeavored to show that the resolution now proposed to bo expunged, was unconstitutional and in formal, and that tho honorablo Senate had a right to amend, alter, correct, or expunge it at such time and such manner, as they should think proper. If, Mr. President, I havo succeeded in this ; ono question alone remains to be discussed, viz : is it expedi ent to expunge the resolution 7 In reply to the honorable gentleman from Kentucky, (Mr. Crittenden,) I would say, I would not expunge it merely because tho Senato have tho power so to do, nor from party motives, nor for tho triumphs of party, but from a solemn sense of duty I owe to the country, to tho President, and to tho honorable Sen ate of the United States. I would expunge it, sir, because the resolution bears on its faco a contradiction, a judicial sentence found on a legislative journal ; and no cvi dence that it came from any judicial tribu nal. It is a sui generis case it is a bur lesque on judicial trials, it has no parallel : the like is not to bo found in the annals of our country. Again, sir, I would expungo this rcsolu tion, lest it should bo considered as a pre cedent. If, sir, it is permitted to remain, nt somo fnture period of great excitement, when passion and prejudice shall triumph over reason, and tho Constitution shall bo made to subserve tho purpose of disappoin. ted ambition ; when a President less pow. crful than General Jackson, shall bo in the way of Presidential aspirants, we may see tho samo scene of March 1834, acted over again ; and tho power of the Chief Magistrate , broken, and that branch of tho Government prostrated at the feet of this. Another reason, sir, why I would expunge this resolution is, becauso it violates a vital principle in our constitution, and destroys one of the dearest and most important rights we possess, viz; a full, fair, and impartial trial ; and because, sir, tho Chief Magis. trato of this nation one that has dono more for it than any man living yes, tho very man "who has filled the measure of his country's glory," has unjustly and un. constitutionally been deprived of this privo. lege, one to which the meanest citizen is en. titled, and has been condemned without a hearing. And again, sir, I would blot out this resolution from our records, because tho American people havo pronounced judge, ment against it ; and not only they, but the Keoplo of both coptinents havo dono it. Tor is this all, sir. The resolution is de. rogatory to tho character and dignity of our Government, and violates the great princi. pics of our national compact. A duty we owe ourselves, as a co-ordinato branch of our Government, requires that wo. should not suffer this resolution to remain on our records. It is an open. bold, and unnm. cedented attack made by this branch of our Government upon the Chief Executive : an act which, had it been successful, must havo prostrated our Constitution, destroyed our Government, end laid our institutions of civil and religious liberty in tho dust. Then, sir, let mo say to this honorablo body, as we yaluo theso rights and pnvelcges as we respect our own characters, and tho high reputation of this Senate lot us at once blot out this stain. Mr. President, ono ward in reply to the honorablo rentleman last up. ( Mr. Crittcn den,) and i will weary your patience no longer, bir, m-c were yesterday adjnopish. ed of our duties, and tho sacredncss of our oaths, and cautioned not to violate them in expunging this resolution. I trust, sir, that we are not unmindful of the obligations rest ing upon us, nor indifferent to the manner in which we perform them. And, in turn, let mo, sir, remind that honorablo Senator, and those who act with him, that this samo constitution, which he would so carefullv guard, expressly provides that tho House of Representatives "shall have the sole power of impeachment." And let mo further re. mind him and his friends that the House of Representatives never have; impeached President Jackson, and yet he stands con. demned by this resolution. Where, then, is the Constitution, and where the sanctity of oaths by which it is guarded 7, Again, sir, the honorable gentleman more than in timated that tho vindicators of the Presi dent's character, wero his worshippers. Sir, it is too lato to begin now to worship him j it is more natural to worship tho ris ing sun ; and appearances indicato that the honorable gentleman and his friends havo already chosen tho object of their adoration. As to myself, sir, I have no inclination to worship .General Jackson. I have no per sonal acquaintance with him ; havo seen him once, and once only, and for five min utes. I havo never received any appoint ment or favor from him, and never expect so to do; yet I esteem him one of the greatest of men, and purest of patriots ; and rely upon it that tho page of history which Bhall record his deeds, will be read with enthusiasm through all coming time. ' . COMSTAIITIIIE REPUBLICAN. WEDNESDAY, FEBRUARY 15, 1837. O" The number of the United States ia now precisely double that of ths original Union, da. ring the struggle for independence It will bo seen in our congressional procood ings, that our senators, Messrs. Lyon and No. vell, and our representative, Mr. Crast, took their seats on the 2Cth ult. It will be soon also, who in tho house aro tho friends of Michigan, by tho yeas and nays on the final passage of the ad. mission bill, on the 25th. On drawing for their scats on the 27th ult., as appears by the papers, Mr. Lyon was classed among the senators whose term of service expires on the 3d of March, 1839, and Mr, Norvell with? thoso whose term expires on the 3J of March, 1811 the end of Mr. Van Duron's mt term w president. ' We do not consider our state at all disgraced, by finding the name of tho ex-president at the head of the list of her friends in the House. ' He is a man of too much independence to sufTor any mere party feeling to sway his judgment. There is no probability that ho will over ago in bo called to tho presidency ; still, ho may yet bo retained many years, (as Randolph was,) a sort of regu lator in congress poltod by partizans on both sides, uninjured by the shafts of either stand, ing high in character, acquirements and ability holding a position of great usefulness to his coun. try a service, in which Massuchunctls delights to honor him. We are informed by the Detroit Free Press, that the first instalment of the surplus, coming to Michigan inconsequence of her admission, har been received by the treasurer of this state ; and that tho amount of tho five per cent, on the snice of tho public lands in this state siuco last July, will also bo paid over in a few days. The sura now handed over is ninett-fivk thousand theb HUNDRED AND EIGHTY THREE DOLLARS AND EIOHTY three cents. So much for the assent' So much as the first fruits of admission. D" Mr. Benton has at length conquered Mr.; Clay. In other words, the enmity of tho latter rocorded against tho president, threo years ago, has been by tho former recently crossed out. All of our readers, perhaps, do not fully under stand the matter ; we will therefore make a brief explanation. A resolution of censure was pass, ed by tho senate, at tho session of 1833-4, against tho president, soon after he Lad ordered tho re. moval of the depositee from the U. S. Bank. It' was introduced by Mr. Clay, in tho words fol lowing, and passod by tho vote annexed t "Resolved, That tho president,' in the late ex. ecutive proceedings in relation to tho public r--venue, has assumed upon him If authority and power not conferred by tho constitution and laws, but in derogation of both." ' ; Yeas Bibb, Black, Culhoun, Clay, Clayton,' (Ewing,) (Frclinghuys5n,)Kont, Knight,(Liigh,) (Mangum,)Naudain,(Poindextcr,) ( Porter,) Pren. tiss, Preston, Robbins, Silnloo, Smith, (Southw ard,) (Spraguo,) Swift, Tomlinson, (Tyler,). (Waggaman,) Webster 2G. ' ' ' (The ten inclosed gentlemen, to be road in a woaker tono of voice, hava been expunged by the people themselves victims to erasure. '' Nays Benton, Brown, Forsyth,Grundy,Hcn-' drick, Hill, Kane, King of Ala., King of Ga., Linn, McKoan, Moore, Morris, Robinson, Sliep. ley, Talhnadgc, Tipton, White, Wilkins, Wright, ' 30. ' ' An unsuccessful effort was mado by Mr. Ben. ton, at each of tho two following sessions, to have this resolution expungod from ' the public records. His third effort succoedod, at tho pro. sont session, as follows : ; ; I Van. Ttnns. T. r. i r-. r : . Tfl ll r J 1 ... mi 'S i iu., j uiwra, tirrunay, . uuDoara, Jvingotv Ala., Lewis, Linn, Morris, Nicholas, Niloa, Psiro, f ivivob, jiuumson, ituggics, aevicr, eirange, Tail, madgo, Tipton, Walker, Wall, Wright 24. Nays Bayard, Black, Calhoun, Clay, Crit tenden, Davis, Ewing of Ohio, Hondricks, Kent, Knight, Moore, Prentiss, Preston, Robbins, Son thard, Swift, Tomlinson, Webster, WAr 19. Though Black kept his hues on both occa sions, it appears that White has changed his complexion S Of tho three, Drown looks to us the most comely. CT Harry White, triod lately for burning th treasury buildings at Washington, in March, 1833, and convicted, has boon sentenced to tc years hard labor in tho penitentiary. Judge Cranch, in passing sentence, held con sidorable of a diologuo with the prisoner, of na ordinary Intorcst, ss rrportod by a correspondent oi the Wew. i ork Courier and Enquirer. , On being asked by tho judge if he had aoy thing to say, why eontence should not pass, the. J prisoner, in a clear and distinct voice, replied, I object to tho passing of the sentence, because I havo it in my cower to show, if vour honora would grant me a new trial, that I was net in itr. t . . . wasmngion at me time oi ino burning, and I avor to my God, that I did not know, nor do I dow know the treasury building from any other of the public buildings, nor had I any thing to do in aidinir others to burn it." On binir sentenced. --- m - - a, the prisoner sat down and said, M be must hat a new pair of eyes then, for government had ; nearly destroyed his preeont ones. BT The fulfilling of whig prophesy.' Mr. Van Buren has retired from the presidency of the U. 9. senato, and a Ktxo haa taken hit place 1, Vide the tmjprcemnnhl nwt of Jan. 98,