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The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, August 14, 1841, Image 1

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r ittti GtmarrnM.
r Saturday, August 7, 1841.
Mr. BUCHANAN presented a memorial of citizens
of the city and county of Philadelphia, praying
that coarse wool be exempted from duty.
Also, a memorial for the exemption of soda ash,
and bleaching powder from duty.
Mr. CLAY prevented a memorial for the exemption
of soda a?h, and bleaching jiowdcr from duty.
All which were laid on the table.
The unfinished business, in connection with the
proceedings and resolutions of a meeting of citizens
of Fauquier county, Virginia, declaring the unconstitutionality
of a National Bunk, and the right and
duty of its repeal, which were presented by Mr. Benton,
was taken up, being on points of order. The
immediate question pending was on the appeal taken
by Mj. Calhoun from the decision of the Chair,
that an appeal could be laid on the table by a vote of
the Senate.
Mr. CLAY, of Kentucky, contended that an appeal
could be laid on the table, and for proof of this
referred to the rules and journal of the House of Representatives.
It was a common transaction there,
and he quoted one among the many cases of this kind.
He preferred our decisions to those of Parliament. It
was a glorious House. It had been dpubled, he said,
at the commencement ofthe session, when its long debates
on points of order took place, and when so much
time was consumed before they succeeded in organizing,
whethei they were competent to discharge the
business of the people at all. But a Whig House of
Representatives had solved the problem whether they
could or could not do the work of the people; thoy had
shown that they could do it, and in a noble, manly,
and patriotic manner ; and that 242 members could do
business in a better manner, and with more expedition,
than 52 members d d. Whenever he felt any ill humors
coming over'him, he was going into that House
of Representatives, and one breath of the pure, patriotic
air in the Hall would restore him. He would
tali* th? Biithnritv nf thn Hnniw of RnnresentativMi nn
this point, and with them it was a common occurrence
to lay appeals on the table.
Tnis question was debated at great length by
Two or three appeals, and points of order, being
now piled one upon another, it was concluded that the
best manner to rerteve themselves from this complication
of "points of order," was to undo their proceedings
and commence anew wtth the resolutions. The
question was, however, taken on the last appeal, that
of Mr. CALHOUN, and it was decided by yeas 9, and
nays 30, that an appeal fiom the decision of the Chair,
could not be laid on the table. The journal was then
corrected, and the previous proceedings withdrawn,up
ti> the point of order raised by Mr. CLAY against
a debate by Mr. BENTON, on his motion to take up,
from the table, the motion to print.
This point of order was sustained, by yeas 25, and
nays 18, and thus it was decided that a motion to take
up from the table was not debatable.
Thus the entire day having been spent, the point
was regained, at which they were Thursday, and a
motion was made to adjourn. This was withdrawn,
however, for a moment, and
was taken up, read a third time, and passed.
The Senate then adjourned, at a quarter before
three o'clock.
Saturday, yvugusi /, ion.
Mr. BRIGGS, from the Post Office Committee, reSorted
a bill making appropriations for the office of Auitor
of the Post Office Department. Read twice and
xefened to the Committee of the AVhole.
Mr. BOARDMAN of Connecticut, presented a
petition signed by a large number of citizens of New
York, in favor of a Bankrupt Law.
Mr. RANDOLPH, from the Committee on Enrolled
Bills, reported that the Committee had examined
the bill for an "Act to incorporate the subscribers to
the Fiscal Ba'k of the United Stales," and had found
it correct. *'he bill was then signed by the Speaker.
The SPEAKER laid before the House a message
frotn t*e President of the United Stales transmitting
rep,rls from the several Departments, in reply to the
resolution of July 16th, calling for a list of removals
and appointments since the fourth of March
last, end also from March 4th, 1829, to March 4lh,
1841. Ordered to be printed.
The SPEAKER also laid before the House a communication
from the Postmaster General, in reply to
the resolution of August 3, giving the reasons of the
detention of the Southern mail on its way North at
Baltimore and Washington. Laid on the table and
ordered to be printed.
Mr. MORROW, from the Land Committee, re.
ported a bill allowing further lime to complete the issue
of military land-warrants to the soldiers of the late
4 wai. Referred to Committee of the Whole and order*
ed to be printed.
The House then resolved itself into Committee of
the Whole on the state of the Union, Mr. Tillinghist
in the Chair.
Mr. SERGEANT moved to take up Senate bill No.
1, (for the repeal of the sub-Treasury.)
After objections from several gentlemen who wished
for other bills to take precedence, the motion was rejected
: Ayes 82, noes 89.
The House then, on motion of Mr. WILLIAMS,
of Md., took up the Senate bill in relation to the Census:
but after some conversation, it was laid aside.
On motion of Mr. BARNARD, the House then
took up the Senate Bankrupt bill.
A scene of most unparalleled confusion and noise
then followed, on a motion to lay aside the bill, at
? tempts being inane to take a vote on that subject, hut
the minority retiming to vote, and thus making it appear,
by the result, that there was no quorum, though
the House was quite full. The disorder ended in the
Committee rising and reporting the bill to the House,
without coming to any conclusion.
Mr. SERGEANT immediately moved that the
House discharge the Committee of the Whole from
the further consideration of Senate bill, No. 1.
The disorder waa then renewed in the House, various
points of order being raised, followed by appeals
and motions to adjourn, which wore voted down. The
whole was closed by the previous question being moved,
and sustained : Yeas 105, nays 101.
The House then agreed Mr. SERGEANT'S
motion to discharge the Committee of the Whole from
the consideration of the bill for the repeal of the Subtreasury,
by the following vote:
YEAS?Messrs. Alford, Allen, S. J. Andrews,
Arnold, Aycrigg, Baker, Barnard, Barton, Birdseye,
Black, Blair, Boardman, Botts, Briggs, Brockway,
Bronson, Milton Brown, Calhoun, W7 B. Campbell,
Carulhers, Childs, Chittenden, J. C. Clark, 8. N.
Clark, Cowen, Cranston, Cravens, G. Davis, De
VOL. IV NO. 33 ]
berry, John Edwards, Everett, Fessenden, Fillmon
A. Lawrence, Foster, Gamble, Giddinga, Goggii
P. G. Goode, Green, Greig, Hall, Halsted, W7 6
Hasting#, Henry, Howard, Hudaon, Hunt, Jami
Irvin, W. W. Irwin, Jaines, J. P. Kennedy, Kinj
Lane, Lawrence, Linn, 3. Mason, Mathiot, Mai
tocka, Maxwell, Maynard, Moore, Morgan, Morrii
Morrow, Oaborne, Owaley, Pendleton, Powell, Rao
aey, B. Randall, Randolph, Ridgway, Rodney, Rui
sell,Saltonstall, Sergeant, 8hepperd,Simonton,Smitl
Sollers, Stokely, Stratton, Stuart, 8uromere, Talii
ferro, J. B. Thompson, R. W. Thompson, Tilljnj
haat, Toland, Tomlinaon, Triplett, Trumbull, Ur
derwoo<l, Van Rensselaer, Wallace, J. L.White, 1
W. Williams, L. Williams, Winthrop, Wise, Yorki
A. Young, John Young?103.
NAY8?Messrs. Arrington, Atberton, Bank
Beeaon, Bidlack, Borden, Bowne, Bovd, C. Browi
Burke, Burnell, Sampson H. Butler, William Bu
lei, W. O. Butler, G. W. Caldwell, P. C. Caldwel
Cary, Chapman, Clifford, Clinton, Coles, Cross, Di
niel, R. D. Davis, W. C. Dawson, Dean, Dimocl
Doan, Doig, J. C. Edwaids, Egbert, Ferris, Joh
G. Flovd. Charles A. Flovd. Fornance, Thomas I
Foster, Gentry, Gilmer, William O. Goiode, Gordoi
Graham, Gustine, Hahershath, Harris, J. Hasting
Hays, Holmes, Hopkins, Houck, Houston, Hunte
Ingersoll, Jack, William Cost Johnson, CaveJohi
son, John W. Jones, Keim, Andrew Kenned;
Robert McClellan, McKay, Marchartd, Alfre
Lewis, Littlefield, Lowell, Abraham McClellai
Marshall, T. F. Marshall, Mathews, Medill, Mer
wether, Newhard, Nisbet, Oliver, Parmenter, Par
ridge, Pickens, Proffit, Rayner, Reding,^ Renche
Rhott, Riggs, Rogers, Roosevelt, SaiWml, Saur
deis, Bhaw, Btade, Snyder, Sprigg, STeenrod, Swi
ney, Torney, Van Buren, Ward, Wattsrston, We
ler, Westbrook, E. D. White, J*. W. Williams, C.E
Williams, Wood?102Some
further discussion followed, on points of ordei
in which Messrs. Hopkins, Briggs, Gilmer, Adami
and the Speaker participated , but no proceedings wei
had thereon.
And the Senate bill No. 1, to repeal the act con
monly known as the sub-Treasury law, with tb
amendments proposed to the said bill by the &ele<
committee appointed by this House on the currency
being now under consideration?
Mr. PEARCE, of Maryland, having obtained th
floor, went into a speech in detail, in reply to that mad
by his colleague (Mr. Mason,) which he quoted a
he proceeded. The body of tho speech was of a loci
character, referring to the history of the late Pres
dential'canvass in Maryland.
Mr. J. T. MASON replied with some warmth ri
affirming and defending the positions he had taken i
his previous speech.
Several explanations took place between Mr. IV
and Mr. SOLLERS, who controverted some of h
Mr. GORDON, of New York, next addressed tl
House, in opposition to the bill.
Mr SHIELDS took the floor on the same side, an
spoke during the hour in opposition, generally to th
bill, and especially to the bill which passed the Houi
yesterday tor the establishment of a Fiscal Bank of tl
United States.
A message was received from the Senate, informin
the House that that body had passed the Navy Per
sion bill, with an amendment, and asking theconcu;
rence of this House therein.
prptrpva k?< u;?i.i,?t :> r.
the moment, when
Mr. FILLMORE moved that the bills lying on th
Speaker's table be taken upon their fiist and secon
reading, and referred to their appropriate committees
which motion having been agreed to?
The bill making appropriations for various fortifies
lions, for ordnance, and for preventing and suppree
sing Indian hostilities, which had been sent from th
Senate with certain amendments, was taken up and r<
ferred to the Committee of Ways and Means.
The bill to provide for the payment of Navy pension
above referred to, was taken up and referred to th
Committee on Naval Affairs.
On motion of Mr. UNDERWOOD, the bill tori
vive and and extend the charters of the banks in th
District o Columbia was taken up, read iwice by i
title, and referred to the Committee foi the District <
Mr.* ADiMS, on lenvs, presented s petition fro
numerous stonecutters and others, formerly employe
on the public buil lings, and discharged in cons
qaence of a suspension of the works, asking relie
which was referred to the Committee of Ways an
Mr. UNDERWOOD, from the Committee for th
District of Columbia, to whom had been referred th
subject of lighting the Hall with gas, made a repo
thereon, accompanied by a resolution ; both of whic
were, on his motion, ordered to lie on the table and I
And then the House adjourned.
Mondat, Aug. 9, 1841.
Mr. CHOATE presented a memorial forthe exeni]
lion 01 soua asn irom uuiy in any revision 01 ine if
riff; which was laid on the table.
The resolution of Mr. CLAY, of Alabama, callin
on the Secretary of the Treasury for the number t
dismissals and appointments of clerks by the preser
Commissioner of the Land Office, with the reasor
therefor, and the salaries paid, was taken up.
Mr. SMITH, of Indiana, was not opposed to ol
taining the information of this resolution ; but he di
not know whether it belonged to the Senate to call ft
the ap|>ointinent8 by heads of bureaus, as he believe
it was a matter between the Executive and the heat
of bureaus appointed by the Executive. If this prii
ciple were proper, in general, he had no objections I
this case.
Mr. CLAY, of Alabama, apprehended that he ha
touched rather a tender place, to the friends of th
Administration. They had come into power with pr<
fessions of retrenchment and reform, and it was no
proper that their transactions, under the various D<
partments, should be fully exposed. Several new a|
pointments had been made, and he wished to kno
the grounds for them, connected with the public bus
Mr. LINN said this was to be a reforming Adm
nistration, and this was proper information to be ol
tained. All their promises had been about as eincer*
as that about " proscriptionand he intended t
nail these counterfeiters to the counter. If the lat
Administration had been prodigal in the expenditure
of the Government, they intended to make the preser
one honest, whether they would be or not. The
would expose everything?nothing should be kept s<
cret?not even their Abolition nominations here; and
they had told falsehoods by the ton, tbey should b
Mr. SMITH reiterated his statement, that if th
call was a proper one, he had no objections in the leai
to its information. He merely wished the Senate t
decide the question whether it was proper to call ft
information of heads of bureaus, when no legislatio
could grow out of it.
Mr. PRESTON had no objections to the call.?
The reasons ought to be known, why appointment
were made. The only reason against it, was that
did not call for all the accompanying information
that the relative action of the two Administrations o
this subject ought to be included in this call. H
could readily conceive of a defeated Administration i
a lit of economy, cutting off clerks by scores, or of a
Executive who had annually expended millions abov
the income of the Government, coming out suddenh
and advocating retrenchment, and opposing a deb
when they left on their successors the obligation i
paying off the debts they had themselves created.He
wanted the comparative statements, tie was frc
to say that if they forfeited the pledges given to th
people as the late Administration had, they woul
have the condemnation of the people, as that Adm
nistiation had received it.
Vi. f IMM :.i .L . e w? o ?
mi, uuiii miu hid uppuiieiiii ui ran ourcn s ai
ministration took the broad ground that removal t'roi
office for opinion's sake was unconstitutional.
Mr. PRESTON said if the officers found in offit
had taken active parts in politics, it was not piopt
that they should remain in office, having abused the
trust, and that against the parly in power. If the
should go about to find out the opinions of officer
and thetr qualification* as voters, turning out thor
who had no votes, and appointing their friends?if the
should tax their salaiies for electioneering purpose
and make their political opinions an indwpensabl
qualification for appointment?then he should aay ill
present ought to lie condemned as the last Adiuinii
tration had been.
He trusted that gentlemen on the other side woul
not suppose that he had changed his opinions, <
>, would wink at any abuse because committed bj
i, fiienda. If abuses weie half as numerous as tl
J they had convicted the late Administration of, he
'? willing they should be exposed.
?, The PRE8IDENT announced that the mori
t- hour had expired, and it was io order to prosecute
?, regular business.
i- Mr. CLAY, of Ala., wished the resolution t
i- disposed of, and to make a few remarks in reply to
I, gentleman who had preceded hitn.
i- The question was taken, and Mr. CLAY, of /
was permitted to proceed, by a vote of 20 to 18.
i- He said he had merely offered this resolution foi
*. sake of information, and did not expect to find
a, sensitiveness on the subject. He referred to the
mises of economy of the present Administration;
i, yet they had, without showing a cause for it, provi
), for a loan of twelve millions dollars, which amoun
t- by the power of re-issuing Treasury notes, to eighl
I, millions; and they were also providing for inereaa
t- revenue* by the tariff bill now before tliem.
t, Mr. PRESTON offered an amendment, which
n ing modified, provided for the communication of
same information witn regard to aucn increase or u
, nulion, and the reasons for it, during the four ye
, from 1829, from 1833, and from 1837.
, Mr. BENTON referred to the recent recommei
tion of the President for appropriations for the ou
f, of foreign ministers, contending that a general sw
id had been made of the Diplomatic Agents of the C
i, eminent, and that their political friends, among wl
i- Abolitionists constituted a great portion, were tc
I- appointed. He entered at length into the general i
r, ject of the inconsistency of this Adminia <-atien v
i- regard to their professions of economy and of epp
i- tion to proscription.
I- Mr. PRESTON eloquently refuted this chai
[. showing that but two changes had been made ; on<
Mexico, und one appointment at Chili, where wa
vacancy. So slight a change was unprecedented.
r> Mr. BENTON further contended, that with a
'? proscription, and economy in their mouths, t!
e were now going on with an unprecedented canine i
wolfish appetite for spoils.
Mr SMITH, of Indiana, hoped the Senate wo
l? proceed with their regular business. They were r
:t near an adjournment and had much business to acc<
r' plish. These criminations and recriminations mi
he very pleasaat. hut would not accomplish the w
|e of the people. He hoped the regular business wo
be taken up.
llj Mr. PRESTON would say a word. The Seni
V from Missouri (Mr. Benton) had commenced in
l" accusations of the Administration, with regard to
Diplomatic Corps. He (Mr. P.) met him there. 1
Senator had then abandoned Europe, Asia and
n lica, he had changed his giound with great rapii
and dexterity and come to Missouri. He (Mr.
' believed there had been a case of unreasonable re
18 val made in Missouri, and that the President was
ceived by misrepresentation, and that it ought to
16 rectified. He had received earnest remonstra
against it from Whig* of Missouri, and he was fre
acknowledge that a mistake had there arisen whicl
18 had no doubt would be rectified. He then refei
>e severally to the eases of Diplomatic agencies, sh
ie ing that proscription had been abstained from, in
unusual and unprecedented manner. There was
5 instance on record of a change of parties, when
l" plomatic changes had not been made in a double
r~ triple degree. He thought that gentlemen we
therefore make nothing in their Diplomatic crusadi
,r Mr. BUCHANAN said the Senator from S<
Carolina had said so much about retrenchment
e economy, that he deemed it necessary briefly to re
" At the last election tney had challenged their o|
> nenta to show cases of their extravagance. (Mr. Pi
ton. You expended seven millions annually n
l' than your income.) He was prepared, at the pre
'* lime, to exhibit particular cases of extravagance
6 the part of the piesenl Administration. They
*' passed a law for a loan of twelve millions, and they
not been able to show need for more than six milli
'> What else 1 They proposed an unprecedented ta
,e and that when they were to revise the tariff in nin
ten months. In addition to all this "economy"
s" "retrenchment," they had passed a law?but there
16 now a ray of sunshine shining through?aulhori:
J* the investment of sixteen and a half millions in B
stock. Now this was a hopeful commencement
"retrenchment" and "reform;" and if they went
"j at this rate, they would be up to the magnificent
panditures of fr ranee and other foreign countries,
e~ fore the expiration of the four years. Ho ikon r
red, at some length, to the subject of diplomatic a
cies, and in reply to others who had preceded him.
Mr. SMITH, of Indiana, moved to proceed tc
16 orders of the day. He deemed it his duty, and sh
inaittt nn it dnilv that ?1 IKp AYnirntinn r?f ho mnn
rt hour the Land bill should be taken up, till it was
" posed of.
,e A point of order was here raised by Mr. W RIG]
that it was not in order to make this motion, the m
ing hour having been allowed to pass.
Messrs. CLAY, of Alabama, BUCHAN.
RIVES, and KING, expressed their desiie that
resolution should be disposed of to-day.
Mr. SMITH, of Indiana, then withdrew the mol
for the purpose of an explanation between Me
the subject of diplomatic agencies, having spoke
the delight he had no doubt was exjrerienced i
" lounge" in Italy, by a foreign Minister, on the
)t to St. Petersburg, and that he had no doubt a Sen
1 on the floor could bear witness to this fact. He nil
nothing invidious, or the slightest disrespect, cens
or sarcasm, but fortuitously mentioned it, and in
best feeling.
} Mr. KING expressed himself satisfied with
j explanation, but he at first supposed that the Sen
la had intended an reflection upon him.
Mr. RIVES desiied the question on the resolu
* to be taken now, as, if it was allowed to lie ovei
to-morrow, it would lead to an unnecessarily exten
j debate.
l. The motion to lay on the table the resolntion of
Clay, of Alabama, was taken and carried, Yeas
Nays 2-3.
The Senate then proceeded, as in Committee of
0 Whole, to the consideration of the
j- On motion of Mr. SMITH, of Indiana, sev
verbal amendments of the Committee were agreed
i- Mr. WALKER rflered an amendment, provid
j. for the relinquishment of the two percent, fund to
S) State ci Mississippi, arising from the sales of the p
,o lie lands within her borders since the year 1817, t
,e that may hereafter arise, to l?e applied to the constr
tion of a railroad from Brandon in Mississippi, to
it eastern boundary of the State,
y He briefly gave the reasons for the adoption of
5- amendment, which included a bill which - had i
if times passed the Senate. It was a great natio
e wuir iui wiiicii it was iinciki(hi 10 appij mm iu
and was not making a new appropriation, but rnei
e an application of a fund which was now reaeived, i
it which this Government was bound to pay over
o Mississippi.
?r Mr. CLAY, of Alabama, briefly advocated
n amendment, on the same grounds, anil should offer
amendment of a similar cn&iacter, in relation to A
- bama.
is Mr. EVANS wished to know the amount propo
it to be paid to the two States.
; Mr. WALKER replied, between three or f
n hundred thousand dollars to Mississipi.
e Mr. CLAY, of Ala., said the amount due to A
n bama was about $250,000,
n Mr. EVANS said the probability was, it would ti
e about a million of dollars out of the Treasury forth
two Stales.
t, Mr. W>LKEIt said the amount was not m
>f than $050,000.
- Mr. EVANS said he thought the state of the T r
>e suiy was not such as 10 justify it. It was merely ?
le ing this to the States for a railroad, on which the us
id charges were to be made, and would be applied to
i- public use. The money ought to be exjiended in
construction of roads leading to the Stales. He s
I- gested that it would be more proper to act on this s
i) ject by itself, at the regular session.
Mr. WALKER asked if the Senator supposed t
:e the Senate would reverse its deeisiona four limes ma
it It waa merely an act of justice to the State, which v
ir pledged to them.
y This waa further discussed by Messrs. Willi
a, CLAY, of Ala., and EVANS,
ic Mr. SMITH, of la., opposed the amendment. 1
y bill before the Senate was a hill from the Hou e,
a, make a prospective distribution, and not to interf
le with any stale of the case now existing, and not
te settle obi balances between the States and the Uove
i- ment. It was, therefore, improper to attach to t
bill the settlement of any case of this kind. It wa
d question standing on its own basis, and to be dcci<
>r by itself. It should not be appended to this bill j
.... I "*
f hit had voted for this very propotition, and might again S
lose at the proper time.
was Alter further remarkt by Meters. WALKER, P
KING, and HENDERSON", the question was taken, B
ling and the amendment adopted?Yeas 22, naye 21.
the Mr. CLAY, of Ala., moved a similar amendment, h
granting the two per cent fund to the State of Ala- 8
0 be bama, arising from the salea of the public lands with- >r
the in her borders. "
This was rejected : yeas 20, nays 22. u
Lla , Mr. CALHOUN offered an amendment to add, at Gj
the end of the second section, a provision that nolh- Q
the ing herein contained shall be so construed as to con- S
this vert the distributive shares assigned to the several j'
pro- States into a debt to them, or to prevent Congiess from I"
and repealing this act whenever the public interest shall "
ided require it. f-H
ited, Mr. SMITH, of Indiana, could not conceive any w
teen cause for this amendment. Senators held that it was O
e of their right to repeal any ret. It was therefore unne- *
cessury in this point or view, and also in all points of n<
be- view. 8<
the Mr. CALHOUN wished to provide against any
imi- possible idea (hat might in future arise that this was to B
iars, be a permanent provision of distribution to the several ^
States, and that it would become if not duly paid a J
ida- debt to the States, as bad been held by some, with re- Er
(fits gard to the fourth instalment of the Deposit act. M
zeep This was farther briefly discussed by Messrs.
10m of Indiana, and then rejected : yeas 21, nays 25.
1 h. Mr. McROBERTS innvml in nmi>ni!m?nt. to in- ?
iul* sort in section second, line 14th, after the word "Co- B
rith lumbia, the words " and the Territories of Wiskon- V
san, Iowa, and Flotilla." (to include them with the C
State* in the distribution.) "
rge, Mr. McFOBERTS contended that citizens of the &
e at Territories needed their share for schools and for the El
sa purpose of liquidating their debts more than the Slates, tie
It was also strictly just, if the lands were to be divi- ki
nti- ded out to the people of the States, instead of to the J"
hoy States themselves. K
and Mr. SEVIER hoped the amendment would be CI
adopted. If there was any propriety in giving grants A
iuld at all, it was to the inhabitants of the Territories* M
low Mr. HUNTINGTON said the Government paid P
Dm- all the Legislative, Executive, and Judicial expenses Si
ght of the Territories, which were a great amount; it had 1
ork also made appropriations for their schools, libraries, "
>uId and public buildings. Considering these expenses,
it was not just to give them a share with the
itor States in this distribution; they wiuld receive it
his whenevei they were admitted into the Union. But,
the in addition to this, he believed it would be found in cg
The the deed of cession, that the land was granted to the ^
Af- "States;" and this would certainly exclude the amend
Jity ment. t
P.) Mr. CLAY concurred in this view, and said when ^
mo- this bill was originated, the subject of including the ^
de- Territories was fully considered, and decided in the .
be negative.
nee The amendment was further advocated by Messrs.
he LEN, and opposed by Messrs. HUNTINGTON,
-red SMITH, of la., and WOODBR1DGE.
ow- Mr. BUCHANAN said, under his instructions, it ^
an was impossible for him to vote for this amendment.? la
no He should accordingly vote against it.
Di- The question was then taken, and the amendment
and rejected. Yeas 20, nays 26. pj
mid The Senate then, at a quarter past four o'clock, j
a. adjourned.
ply, i Monday, August 9, 1841. Sc
ipo- Mr. JOHN W. JONES presented a copy of resolu- jjr
its- (ions passed by a meeting of Loco-focos at Fauquier t|j
?ore (Jourt House, Va., against the Extra Session, Distriiper
kution of the proceeds of the sales of the public lands, pr
on s National Bank, &c., and insisting on a repeal pr
had of the charter, if the present bill should become a law.
had Mr. Jones expressed his assent to the doctrine of the p<
ons. resolutions, and his conviction that they embodied the
iriff, sentiment of his parly not only in that county, but
ieor throughout the Union. He moved to lay on the
and table and be printed. ti,
was Mr. POWELL said, as the representative of the
ling District which included Fauquier county, he felt him- ai
.ink self called upon to corvect any false impressions that y
i for might be made as to the character of the meeting. As g
L on to the respectabiliiy of the persons assembled, he |j
ex- agreed with his colleague, but the number assembled
be- was only lAirtythret, and of these, three highly dis- Q
?fer- tinguLhed members of the party, (one of them, the ,,
gen- Stale Senator from that district,) had strongly ex- p
pressed their disapprobation of the proceedings, and q
i the hud voted against them. He could answer for his
oukl district, and for the Commonwealth of Virginia, that p
nincr I ill., il/vlriim nf rerwil a,, hivilila In their nncii.nl nrin.
(lis ciples of public l&ith and a regard (o contractu and to b<
the fundamental principlea of society, would ever be tj
3T, repudiated by thern. m
orn- Mr. MORGAN asked for a division of the question.
AN, The motion to lay on the table was passed without fe
the a division.
Mr. CUSHING moved to lay the motion to print m
lion, on the table. The motion to lay the motion to print
ssru. on the table was carried?Yeas 107, nays 76. hj
e en Resolutions being then in order were received
n of from different members. |el
in a Mr. ADAMS presented a resolution instructing m(
way the clerk to prepare and publish a list of all petitions 0[j
ator excluded this session by the special rule. He explain- j()l
ennt ed his object, but was not heard. en
ure, On motion of Mr. GILMER, it was laid on the ta- atl
the ble?Yeas 124, nays 62. w
this attempted to Introduce resolutions, which were deiitor
cided to be not in order.
Mr. C. BROWN presented a resolution calling for
tion information relative to duties on foreign coal.? ae
till Adopted. be
ded Mr. IRWIN introduced a bill providing for making
payment for the sites of marine hospitals in the West- ph
Mr. ern States. Referred to Commerce on Ways and 10
24, Means. m(
Mr. WILLIAMS, of Maryland, presented a re- 's
the solution in favor of an appropriation to fortify Havre be
de Grace. Objected to.
Mr. WISE presented a resolution to admit to the
era! lobbies of the House all officers of the army and navy,
to maimed in the public service. After some inquiry, pr
ing objected to. in
t|(^ Mr. HOPKINS presented a resolution calling for la
information as to unexpended appropriations to the
i now huiltlintr fur thp fweneral Post Office AtlonlPtl. it
uc_ Mr. C. MORRIS presented a resolution granting 01
the franking privilege to the widow of President Har- ar
rison. After some inquiry froin Mr. ADAMS as to pi
tjjC the existence of any general law including this case, tr
our resw'ution was 'a>d over.
na| Mr. GIDDINQS presented a resolution calling for w
mj information as to the causes and expenses of the Se- ce
,e|J minole war from its origin. Passed without a division. d?
?nd Several other resolutions were offered, but, being th
, objected to, lie over.
Mr. UNDERWOOD,from the committee on the fa
t|le District, reported a bill to amend the charter of the hi
an city of Georgetown. bt
L|a. Mr. DAWSON, from the Committee on Militsry
Affairs, reported a bill extending the law of 1836, au- ni
sed thorixing the employment of troops in Florida, lie it
asked for its immediate passage.
jur Mr. McKAY objected. . tl
Mr. THOMPSON, of Indiana, from the Commit- t|
ja. tee on the District, piesented the reports accompanying
the bills to provide for the paving of Pennsylva- tl
ajje nia Avenue, and the repair of Potomac bridge. Re- b
ege ferred tc Committee of the Whole, and ordered to be vv
ore Petitions for a Bankrupt law were presented by w
ra. and ROOSEVELT. w
,jv. The House then resumed the consideration of the vi
'ual unfinished business of Saturday, being the bill for fa
no the repeal of the Sub-treasury. fr
tj,e Mr. PICKENS spoke against the repeal, enlarging v<
u_ on various incidental questions, such as the National tl
u(j. Bank, State debts, die.
Mr. HUNT advocated the bill. C
j,at Mr. MERIWETHER made an animated speech S
jp'j in favor ofthe repeal. L
vas STEENkOD followed against the bill.
After some further debate, and a partial call of the ai
rE, House with some incidental motions, the bill was ordered
to be engrossed ; and, being then put on its third A
'he reading, was passed at six o'clock?yeas 134, nays M
10 o<; majority 47. Mr. Uampbell, ot South Uaiolina, n<
ere voted with the majority. Many Whigs were absent, y
t to but the Opposition seemed to be all on the ground.
tn' Yeas and nays on the passage of the bill to repeal B
the Sub-treasury, in the House of Representatives of ^
jp,! the United Slates, August 9, 1841. p
he YEAS.?Messrs. Adams, Allen, L. W. Andrews) m
I. J. Andrew*, Arnold, Aycrigg, Babcock, Baker,
larnard, Barton, Birdseye, Black, Blair, Boardiuan,
iordrn, Butts, Briggs, Brockway, Bronson, M.
iruwn, J. Brown, Burnell, W. Butler, Calhoun, J.
lauipbell, William B. Campbell, Thoinaa J. Campell,
Caruthers, Child*, Chittenden, John C. Clark,
talev N. Clark, Cowen, Cranaton, Cravena, Cuahig,
Garrett Davia, William C. Dawson, Dcbetry,
jhn Edwarda,Everett, Foeaenden, Fillmore, A. Luw;nco
Foster, Thomas F. Foster, Gamble, Gentry,
iiddings, Gilmer, Goggin, Patrick G. Goode, Graham,
freen, Greig, Habersham, Hall, Halsted, William j
. Haatinga, Henry, Howard, Hudson, Hunt, Jaa.
vin, William W. Irwin, Jamee, W. C. Johneon,
iaac D. Jonea, John P. Kennedy, King, Lane, Lawmen,
Linn, Mullory, Thomaa F. Marshall, Samson
laaon, Mathiot, Maitocka, Maxwell, Maynard, Meriether,
Moore, Morgan, Morris, Morrow, Niabet,
aborne, Owsley, Pearce, Pendleton, Pope, Powell,
roffil, Ramsey, Benjamin Rnndall, Randolph, Ray?r,
Rencher, Kidgway, Rodney, Russell, Saltonatull,
argeant, Shepperd, Sunonlon, Blade, Smith, Stanly,
Lokeley, Stratton, Stuart, Summers, Taliaferro, John
. Thompson, Richard W. Thompson, Tillinghast,
oland, Tomlinaon, Triplett, Trumbull, Underwood,
an Rmsaelaer, Wallace, Warren, Washington,
Jward D. White, Joseph L. White, Thomas W,
filliams, Lewis Williams, Christopher H. Williams,
iseph L. Williams, Winlhrop, Yorke, Augustus
oung, John Young?134.
NAYS ? Messrs. Arrington, Atherton, Banka,
eeson, Bidlack, Bowne, Boyd, Aaron V. Brown,
urke, Sampson H. Butler, William O. Butler, G.
T. Caldwell, Patrick C. Caldwell, Cary, Chapman,
lifford. Cliaton, Coles, Cross, Daniel, Richaid D.
avia, John B. Dawson, Dean, Doan, Doig, John C.
J wards, Egbert, Ferris, John G. Floyd, Charles A.
loyd, Fornance, William O. Goode, Gordon, Gusle,
Harris, John Hastings, Hays, Holmes, Hopns,
Houck, Houston, Ilubard, Hunter, Ingersoll,
ck, Cave Johnson, John W. Jones, Keim, Andrew
ennedy, Lewis, Littlefield, Lowell, Abraham Mclellan,
Robeit McClellan, McKay, Marchand,
Ifred Marshall, John Thompson Mason, Mathewa,
led ill, Miller, Oliver, Parmenter, Partridge, Payne,
ickens, Plumer, Reding, Riggs, Rogers, Roosevelt, |
lunders, Shaw, Shields, Snyder, Sprigg, Sleenrod,
urney, Van Buren, Ward, Watlerson, Weller,
/est brook, James W. Williams, Wood?80.
Tuesday, Aug. 10,1B41.
Mr. SMITH, of Indiana, presented a petition of
iptains and owners of steamboats and others, intested
in the trade and prosperity of the whole couny
generally, and particularly of the Western Slates,
ry numerously signed, in favor of the improvement
' the navigation of the Ohio river, at the falls, by
e construction of a canal on the Indiana side of the
He thought the object one of great national impornce,
as it was essential to the prosperity of the c<>merce
of the West that the obstruction at the falls
muld be effectually overcome, with the least possible
irden to that commerce, upon which, at this time,
ie exactions are enormous. As no action could be
ken on the subject, at the present session, he moved
lay it on the table; which was carried.
On motion of Mr. EVANS, two hundred copies of
ouse bill relating to duties and drawbacks were orired
to be printed.
Mr. TALLMADGE presented a memorial of citins
of New York, asking an imposition of duty on
>ld and silver ware; which was laid on the table.
Mr. CLAYTON, from the Committee on the Liary,
reported a resolution for the distribution among
e States, of the census returns of 1840.
Mr. BENTON moved to take up the document
esented by him some mornings since, containing the
oceedings of the meeting at Fauquier county, which
td created the debate on the point of order and apjals
from the decision of the Cnair.
The motion having been agreed to?
Mr. BENTON moved that it tie printed.
Mr. CLAY asked the yeas and nays on the qneson;
and it was decided in the negative, as follows :
YEAS?Messrs. Allen, Archer, Benton, Buchann,
Calhoun, Clay, of Alabama, Cutbbert, Fulton,
Ling, Linn, McRoberts, Mouton, Nicholson, Sevier,
nuth, of Con., Sturgeon, Tappan, Walker, Wilams,
Woodbury, Wright, Young?2*2.
NAY'S?Messrs. Barrow, Bates, Bayard, Brrrien,
'hoate, Clay, of Ky., Dixon, Evans, Graham, Huntigton,
Kerr, Merrick, Miller, Morehead, Phelps,
'orter, Preston, Simmons, Smith, of Ind., Southard,
^allmadge, White, Wood bridge?23.
The bill repealing the Sub-treasury having been
assed in the House with amendments.
Mr. CLAY moved that the bill and amendments
3 referred to the Committee on Finance, which moon
was adopted, and, on motion of Mr. Tappan, the
nendmonts woie ordered to be printed.
The bill from the House of Representatives, entii?d
"An act to obtain the recovery of fines and foritures
under the laws and ordinances of Georgetown
sfore justices of the peace," was referred to the Comitteeonthe
District of Columbia."
Mr. HUNTINGTON asked the Senate to indulge
m in taking up the joint resolution relating to the
rht-boats now stationed at Sandy Hook and Bartit's
reef, as it would occupy but a moment. The
otion having been agiced to, Mr. H. explained the
lier.t nf the resolution which was n mere rhamre nf
cation of the boats on the recommendation of experiiced
pilots and navigatore. He then offered an
nendment to come in at the end of the resolution,
hich was adopted, and the resolution ordered to be
igrossed, as follows:
Hesolred by the Senate and House of Itepresentu es
qfthe United States of America in Congress usmbled,
That the Secretary of the Treasury be, and
1 is hereby, authoiizrd, to cause the light-boat now
itioned at Sandy Hook to be removed, and to be
aced near Bariett's reel', in Long Island Sound ; and
cause the light-boat now at Bartletl's reef to be reDved,
and placed near Execution rocks, in Long
land Sound, with a bell only for the latter vessel, to
so fixed as to be rung by the motion of the sea.
On motion of Mr. Smith, of Indiana, the Senate
oceeded to the consideration of the special order, beg
the bill to appropriate the proceeds of the public
nds, and to grant pre-emption rights.
Mr. CLAY, of Alabama, moved to strike out in the
h line of the 1st section the words, "in the year of
ir Lord one thousand eight hundred and forty-one,"
id insert, "next ensuing the complete payment of the
lblic debt that has been, or may be hereafter, con
acted under any act ol the Untied stales."
Mr. C. grounded this amendment on the objections
hich he entertained to any distribution of the proieds
of the public lands while the country was in
;bt and bills for additional taxation pending befbie
ie Legislature.
Mr. SMITH, of Indiana, said the amendment was
ir and honest?it was made w ilh a view to defeat the
II, and the question was simply bill or no bill, distrijtion
or no distribution.
Mr. CLAY, of Alabama, said his proposition did
iH go to the defeat of the bill, but simply to make it
ike effect after the country was out of debt.
Mr. CALHOUN spoke for some time in favor of
ie amendment, in which he went into the subject of
ie finances of the country.
Mr. CLAY replied, at some length, touching also
ie state of the finances, denying that the bill would
e a violation of the compromise, which was adjusted
ith a reference to its passage.
Mr. RIVES was a member of the committee, with
hich the compromise originated, and never heard of
ie understanding that the distribution of the lands
as contemplated in settling that act. He should
ate against the bill, unless it was demonstrated satisictoriiy
that the revenue other than that arising
om the lands, was adequate to the wants of the Go;rnment;
in that case, he would give his support to
ie bill. He was opposed to this amendment.
The debate was fur her continued between Messrs.
ALHOUN, CLAY, of Ky., CLAY, of Alabama,
When the question was taken on the amendment,
ad decided in the negative, as follows
YEAS?Messrs. Allen, Benton, Calhoun, C lay, of
labama, Cuthbert, Fulton, Kmc, Linn, McRoberts,
louton, Nicholson, Pierce, Sevier, Smith, of on
T ur.n,.,. Willinms WoodburV,
etucui, * aoiimi, ttiiim i, ,
f right?19.
NAYS?Messrs Areher, Burrow, Bates, Bnyaril,
errien, Choate, Clay, ofKrntnrkj, Clayton, Dixon, i
vans, Graham, Henderson, Huntington, Kerr, Mer- i
ck, Miller. Moreheail, Phelps, Porter, Premiss,
reaton, R,*es, Simmons, Smith, of Indiana, Tall- i
ailge, White, Woodbriylgc?!i7.
\ f ^
Mr. CLAY, of Ala., then moved to amend tbe bill
by inserting in tbe 2d section, line 10, after the word
"Stales," tne words "and such sums as may be paid j
to any Indian tribe for tbe purchase of any portion of
the public lands," (to be deducted from the sales, prior
to the distribution.) #
On this amendment the question was taken without
debate, and decided in the negative?Yeas 21,
Nays 2G.
Mr. McROBERTS moved to strike from thfc bill
that clause which prevented the grant of pre-emption
rights until after the surveys shall have been made.
lie thought the clause manifestly unjust; surveys <
might be delayed improperly.
Mr. SMITH, of Indiana, said It was a practical
question whether settlers should be permitted to go on
the public lands before they were surveyed. The
House of Representatives had come to the conclusion
in advance that they should not. He had always
voted in favor of pre-emption lawa and pre-emption
claiina, and was still in favor of them. He thought,
however, there ought to he some limit. The eiileenth
section was reserved by compact for the use of . ,
schools; but if it were declared in advance that lands
may be settled on before they were surveyed, the settler
could know nothing of the sixteenth section, and
his title might conHicl with the reservation, and they
would have to grant him a float, or deprive him of the
benefits of his improvements; which he war not disposed
to do. There was no danger of that time ever
coming when lands sufficient could not be surveyed.
He wss in favor of pre-emption rights, but he did not
think they ought to go in advance of the public aur??y?
i la
Mr. LINN said the whole body of Missouri had
been settled by a hardy and enterpriaing band long
before the linda were thought of being surveyed. It
ulways had been so, and always would be so; and if,
after these people had settled on the public lands, and
made their improvements, any attempt was made to
Cut these lands up at auction, because they had not
een surveyed, it would compel these people to combine
and drive off intruders with their rifles.
Mr. YOUNG insisted it was the first time that any
such principle had ever been engrafted on a pre-emp
wih. uyjnv wMi^iuu ngius were uui iu ur gramed
until aftef surveys were made, there might be excepted
four organized counties in the State of Illinois,
where there were a thousand voters. In the same
section, too, he found a clause excluding aliens from ? j
the right of pre-emption?an invidious distinction,
which had never before been made.
Tlee ScO*i. ?an <??... 1 ??. ~j_ " ? 1
SMITH, of Indiana, PORTER, and YOUNG.
Mr. HUNTINGTON argued against the amendment.
He said the Senator from Illinois e?>-med to
view the subject as though the rights of no other parties
were to be considered but those of the settlers.
He thought enough was done when the settler was
secured in his pre-emption right, after the lands had
been surveyed. To strike out the clause, which the
Senator had moved to do, would be at all times to invile
intruders on the choicest spots of the public lands
in advance of the surveys.
Mr. WOODBRIDGE thought the whole West
ought to stand by the pre-emption principle, and that
the public surveys should be finished with as much
rapidity as possible. On the whole, however, he
thought evils might grow out of the amendment.
The question was then taken on the adoption of
this amendment, and decided in the negative: Yeas
23, nays 24.
Mr. YOUNG moved to strike out the clause which , 1
related to the exclusion of aliens.
Mr. SMITH, of Indiana, explained that the bill
simply required the alien to have filed his declaration
of intention to become a citizen, as required by the
naturalization laws, to give him all the rights under
the bill.
The question was taken on the amendment, and decided
in the negative : Yeas 22, nays 25.
Mr. NICHOLSON moved to exclude the proceeds
of the sales of the vacant and unappropriated lands in
the State of Tennessee, relinquished to that State on
certain conditions.
After some remarks from Messrs. CLAY, WHITE,
and NICHOLSON, the question was taken, and
the amendment was decided in the negative: Yeas 21,
nays 27.
Mr. GRAHAM moved to amend the bill so as to
place among the deductions from the nett proceeds to
be distributed " any sums apparently due to the United
States as balances of debts growing out of the transactions
of the Revolutionary war."
This proposition was debated at some length by '
TALLMADGE, and others, and, the question
being taken, it was decided in the affirmative, as
YEAS.?Messrs. Archer, Bates, Bayard, Berrien,
Choate, Clay, of Ky., Clayton, Dixon, Evans, Graham,
Henderson, Huntington, Kerr, Merrick, Miller,
Morehead, Phelps, Porter, Prentiss, Preston, Rives,
Simmons, Smith of la., Southard, Tallmadge, White,
NAYS.?Messrs. Allen, Barrow, Benton, Calhoun,
Clay, of Ala., Fulton, King, Linn, McRoberts, Mouton,
Nicholson, Pierce, Sevier, Smith, of Conn., ???? V
Sturgeon, Tappan, Walker, Williams, Woodbury?
Mr. YOUNG moved to add to the bill additions
sections, embracing the graduation principle, and the
right of the Stales to tax the public lands when sold,
instead of allowing them to be exempt for five years,
as they are under the present compact.
This was debated at some length by Messrs.
WHITE, YOUNG, BENTON, and others. A mo- J
tion was made to adjourn, but failed : Ayes 18, noes
19' 1
The debate was further continued ; and the Senate I
adjourned without taking the question.
Tuesday, August 10, 1841.
After the reading of the journal, Mr. WISEasked
leave to record his vote in favor of the bill which
passed yesterday to repeal the Sub-Treasury, having
been absent at the time of its passage. Leave was refused.
Mr. BARNARD moved that the House resolve itself
into Committee of the Whole with a view to take
up the Bankrupt bill.
Mr. WISE asked Mr B. to withdraw the motion
to permit him to report from the Committee on Naval
Affairs, the bill providing for the payment of Navy
pensioners, which had been returned from the Senate
with amendments. As Mr. Wise, however, elpressed
a wish to have it acted on this at time, Mr. Barnard
The House (ayes 77, noc? 57) resolved itself into
Committee of the Whole, Mr. TILLINGHAST in
the Chair, and took up the
The Mil, having heretofore been read through, was
now taken up by sections.
And the first section having been read, and the
question being on agreeing thereto?
Mr. BARNRKD (chairman of the Committee on j
the Judiciary) opened the debate in a speech in which
he gave a concise sketch of the history of the present
bill. He explained its provisions and commented on
the nature of the obstacles hitherto presented to its
passage, and concluded with an impressive description
of the embarrassment and distress prevailing throughout
the country amongst that unfortunate class whom
this bill could alone relieve.
Mr. NI8BET spoke in favor of the bill.
Mr. GORDON spoke an hour against the bill.?
He maintained that Congress had no power to pass a
retroactive Bankrupt Law.
Mr. ROOSEVELT made an able speech in favor *
of the bill. He called attention to the very high character
of some of the petitioners for a law, many of whom
such as(VVm. B. Astor, and others of similar standing)
would not be suspected of a direct personal interest in
it from any probability of their ever having occasion
to avail themselves of its provisions in their own cases.
The reason why such persons put their names to a
memorial for a Bankrupt law might be presumed to be,
' that a large body of their personal friends or connexions
had, from the misfortunes of the times, and under
the universal delusion which spread like a sort of
mental cholera in 1833 snd 1836, been prostrated in
the general crash of the succeeding year. In the
wide spread ruin of 1837, go?sl and bad, firm and infirm
nrudent and iinpiudent, had alike been swept
HWa?r?? by a whirlwind; and, had the preceding delusion
continued si* months longer, there would have
been commercially speaking, scarce a sane man left in
the whole trading community. In behalf of the victims
of this general business-madness, many men,
whoso fortune and credit remained beyond the reach
of doubt or danger, had now kindly interested themselves
in a manner which did honor at once to their
heads and hearts. And although among those who
would share in the results of their interposition, there
might be some not worthy of it, still their mercy would
fall like that of heaven, which often spared the ill-deserving,
that the innocent might be shielded from the
effects of their punishment. Another cause of the
l>art such persons took in memorials for a Bankrupt
law might tie ah enlarged and enlightened regatd to
their own true interest. Much apprehension was felt
by some of these very men that they might lose many
debts otherwise not desperate; but their calculation
still was that they might probably gain more by trade
with the restored debtors than they would lose by discharging
them from their previous obligations. It was
Continued on the fourth page.
I V *

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