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BOUSE OF REPRESENTATIVES,
Tuesday, Dec 22, On motion of Mr. Enyeart,he House resumed the consideration of the "expun ing'' resolutions. Mr. Creed moved to add a resolution approbatory of so much of the President's late annual message as remm i vui m tairs with France rejected, yeae 22, navs 48. Mr. Ford moved to add a resolution de daring "that the people are the people, and to them alone belongs the right of in etruction." Mr. Walton moved to strike out the hit clause of this proposition, namely, "to them belongs the right of instruc tion.11 The yeas and nays being culled for on Mr. Walton's moiion, he withdrew it, with leave of the House. Mr. Fords amendment was theu reject ed yeas 20. nays 50. Mr. Allen then moved to strike out the fesolution which requests the Governor to transmit a copy to the Hon Thomas H. Benton lost yeas 24, nays 46. The question then turning on Hgree ing to the original resolutions, a division was called for, and first resolution was put to vote. It reads as follows: Resolved, by the General Assembly of the State of Ohio, That the said resolu tion of the Senate, and the action had by that body, were without precedent, cross, "assumptions of power not cooler red by the constitution and laws," but in Violation of the spirit ol both. This resolution was agreed to by the following vote. YEAS Messrs. Armstrong, Ankeny, Baldwin Bluckkurn ol Columbiana Black burn, of Stark, Brown, Butler, Chambers Creswell, Conklin of Hamilton, Conklin of Moigan.Culright, Coulter, De Wolf, Enveart, t uran, Uamblo, llarlan, tMHia way, Hosbrook, Hough, Hubbard, Hum phreye, Lowry, Lyman, Medill, McMeal, Miller of Wayne, Patterson, Porter Quinn Head, Robbina, Saylor, Sprague, Stable ton, Smith, Stidger, Utter, Van Hook, Welton, Winship, Whilmore, iontz(and Speaker 40. NAYS. Messrs. AlWh, Bently, Bos wick, ChampUn, Creed, Cuhing, Ford Godman, Holcomb, Hunt, Knapp, Lutz Mullhews. McDonald, Miller of Law fence. Mitchell, Moore of Delaware Moore of Muskingum, Morrow, Morris Reese, Robinson, Stivers, and Taylor of Mercer 24. The question thf-n turning on agreeing to the second resolution, the House was successively addressed by Messrs. Wei ton, Smith, Su) lor, and Harlan, in favor of it; and by Messrs. Allen liotlwick Cushina, Creed, and Ford, in opposition The discussion lusted till the House nd journed, which luid the whole subject on Uio table. KXl'tf.VGING RESOLUTION. On motion'of Mr. Harlan, tho house again resumed the consideration of the "expunging" resolutions Ihe question pending being agreeing to the second It olulion, which instructs and requires ou Senators to vote lor expunging the obno ious resolutions Iroin the journals ol the Senate. Mr. Cushing ndJresscd the House, a considerable length against tho reao tion, and discussed, with ability, the rigl of tho Legislature to instruct, contending that it was a right the people bad neve delegated, and consequently could not ex III in the Legislature. Mr. Allen iimdc a few remarks on tl same side of the question. Mr Hubbard followed ou the other sid confining his arguments chiefly to show tnglhul the right ol instruction had MK acknowledgod und exercised by the Leg islulorc ever since the adoption ot tho con addition of the State, Mr. Baldwin nfxl addressed tho House in a few remarks in favor of the resolu tion. He was followed by Mr. Morrow, who made a few re marks. He denied that there was any precedent on record, which would sup port the Legislature in passing these res olutions. The Legislutute of Ohio had never yet used the lung luge ol command or injunction in instructing Senators in 'Congress. This resolution , roads, "re quired" R was without precedent. Mr. Fa roii addressed the ilouso next, in support ef this resolution. Mr. flostwick followed. He had but little to say in addition to the remarks made by him yesterday. Ho lihsd, however, to renew en inquiry which ho then piade, but which the gentleman from Clinton, (Mr. Harlan,) which intra duced iheso resolutions, seemed to u nv overlooked in his speech last evening. He would again demand of the friend of these resolutions, and particularly of that gentleman, "Where does this Legislature derive tho right to regulate lbs journal of the Senate of ike United States, and torfi ,reci how n shall be kept, and to say what hall stand as a part of that journal, and What shall nolT" Mr. Allen again made a few remarks, principally in reply to observations lhat had fallen frem another member iu refer enceto himself. He was followed by Mr. Humphreys, who supported the resolutions iu a short speech. Mr. Greed next addressed the House at considerable length in opposition to the resolutions, and in an able vindication of his former course; a sketch cannot for the present be attempted, Mr Harlan closed the debute in a speech of about an hour's length, m defence of (he resolutions, am! in reply to those who bad preceded him. The question was then taken on agree ing to the second resolution which reads ualoUows; viz: 3. Resolved, That the Senaters repre senting in Congress this State be and are hereby instructed and required to vote for the expunging of the resolution aforo said, from the journals of the Senate. And the same was adopted by a vole similar to that on the first resolution, ex cept that Mr. Craighill, who was absent, when the first resolution was passed, was present now and voted in the affirmative; ndMr. Winship, who voted forthehrst resolution was absent when the vote was taken on this. The question then being on agreeing to the third resolution: which reads as Co! lows, viz: 3. Resolved, That we believe the right of instruction one of the fundamental linciptes of a representative government and essentially necessary to the purity nd stability of our republican institu tions; and that in case the agents of the people are unable to obey the instructions of their respective constituents, it is their solemn duty, to resign the power intrust ed them into the hands of those who gave it, Mr. Morris moved to amend it by ad ing a proviso declaring that nothing in the resolutions should be so construed as to prevent the Hon. Thomas Ewing from ppearing, at any future day, on the floor of this House in his own .defence, or from entering on the journals ol tms body his protest against those resolu tions. Mr. Cushing suggested that the amend merit be modified so as to include the name of the Hon Thomas Morris, for it was by no means, certain that he would submit to what had been done, to day. Tho modification was accepted by the mover of the amendment, and the amend mont was then put to vote and rejected- yeas 22, nays 48. The third resolutiou was then agreed to, iho only difference between the votes on it and of the second, being, that Messrs, Bentlv, Bostwick, Uodman Hunt Moore of Muskingum, Morris and Robin son, who voted against the second resolu tion, voted for this, making'it yeas 17 navs d. The fourth resolution (which requests the Governor to transmit copies to our Senutois in Congress, and tothePresi dent and Vice President of the United Slates,) was agreed to without a divi sion. t'he question being now on agreeing te the fifth (and lust) resolution, it was read as follows: 5. Rrsolrrd, Tint in consideration ol the distinguished relation in which the Hon. Thomas II. Benton, onejof the Sen utors in Congress from the Slate of Missou n, stands to tho subject of the loregomg resolutions, the Governor of this State ho also requested to transmit a copy of these resolutions to that Senator. And the question on agreeing to it was decided in the ufHrinative, by ihosame vote ns on the second resolution except that Mr. Chambers, who voted fur that resolution, voted against this. The question being now on agreeing to iho preamble, Mr. Creed movod to strike it out und insert different and new mat ter in lieu; but u division being called lor the House refused to strike out 21 to 47 and the preamble was then agreed to yeas 17, nays 21. ftlr. Lushing gave notice that leave would be usked to enter u protest on tho journal, SENATE. Thursday, Doc. 21. xxrvsursa hkioujtions. The "Expunging Resolutions," from (he House were (hen taken up Air, Newell said if it us the intention of the mends ol those resolutions, to puss them, it was his wish that us little time us possible, should be wasted in thedispo snl of ihern, he would thereforo move that they bo mado tho special order for Mon duy next. Mr, Patterson said it was not his de sire to hurry the action upon, or to give any cause of complaint to those who were opposed to ihein. It was his wish, us the subject which they embraced was an important one, that it should huve due consideration, and he would prefer that they go through the usual course with the oilier business. Mr. Newell said he had no objection: he was not tenaceous on the subject, and bo would withdraw his motion. The resolutions were then made the general order of the day. TWENTY-FOUR 1 11 CONGRESS. 1 I Its r SESSION. IN SENATE. Monday, Dec. 21, 1835. NOIITEHK B -UNDAHV OF OHIO. Mr. Ewino, pursuant to notice, rose to ask leave to introduce a bill to define and settle the nortern boundary line ol the State ot Ohio. Leave being granted, Mr. Ewing introduced the bill, which was read and ordered to a aecond reading. Mr. Ewing moved the second read ing ol the bill, which was objected to by Mr. Morris. Mr. Morris then offered the follow ing resolution. Whereas it is provided in the sixth seciion of the seventh article of the Constitution of the Slate of Ohio as follows: That the limits and bounda l ies of this State be ascertained, it is declared thit they are at hereafter mentioned, that is to say, on the east by the Pennsylvania line, and on the south by the Ohio river to the mouth of the ureal Miami river, on the west by a Fine drawn dna north from the mouth of the Great Miami dyer afore said, on the north by the east and west line drawn thiough the souther ly extreme of Lake Michigan run ning east after intersecting the due north line aforesaid, from the moulh of the Great Miami river until it shall intersect Lake Erie on the Territorial line, & thence with the same through Lake Erie to the Pennsylvania line a foresaid: Provided always, and it is hereby fully understood and declared by the convention that if the souther ly bound or extreme of Like Michi gan should extend so far south that a line drawn due east from it should not intersect Lake Erie, or if it should intersect said Lake Erie, east of the mouth of the Miami River of the Lake then and in that case, with the asssnt of Congress of the United States, the northern boundary of Ohio State shall be established by and extend to a line running from the southerly ex treme of Like Michigan to the most northerly Cape of the Miami bay, af ter intersecting the due north line from the mouth of the Great Miami river aforesaid, thence north east to the territorial line, and by the said ter ritorial line to the Pennsylvania line: And whereas the State of Ohio claims that the assent of the Congress of the United States has been virtually and substantially given to the sixth section of the seventh article or the constitu tion as above set forth, and more espe cially to the latter clause thereof; de scribing her northern boundary as con tamed in the proviso to said section, by admitting her Senators and Repre sentatives to their seats in Congress and more fully by the act of Congress as declared February 19, 1803, enti tled an act to provide for the due exc cution of the laws of the United Slates within the State of Ohio, in the pre amble to which act it is declared, that the State of Ohio has become one of the United Stales of America; where by as a matter of right the said State has acquired and can rightfully oxer cise jurisdiction on her northern bor der to the line as described in the lat ter clause of the proviso contained in the sixth section of the seventh article of her constitution: but as doubts have arisen whether the act of Congress of the 11th of January, 1805, entitled an act to divide the Indian Territory in to two separate governments, does not contravene the rightful jurisdic tion of Ohio to the line as described in the article of her constitution as a bove stated: In order, therefore, that doubts may no longer exist on this subject Resolved by the Senate and House of Represenlutivcs of the Untted Stales in Congees assembled, That the assent of tho Congress of the United Stutesishere by fully declared and given to the latter clause ol the sixth section of the seventh article of the Constitution of the State of Ohio, which is in the following words; to wit: "The northern boundary of this Slate shall be established by and extend to a direct line running from the Souther ly extreme of Luke Michigan to the must northerly Capo of the Miami Bay, after intersecting the duo north from the mouth of the (ireal Miami aforesaid; thence northeast to the territorial Line, and by said territorial Line to the roimsviva nia Line."' And it is further resolved, That any Stale or States, that may be formed of the Territory ol United Slates, ly ing east of the Mississippi liver, which Congress may hereafter deem proper to admit into the Union, shad be bounded on the south by the Stutes of Illinois, Indiana, and Ohio, as the law may require. The following is a copy of the bill in troduced by Mr, Ewing: A Sill to settle nnd establish the Northern Boundary line of the State of Ohio. Be it enacted, dec. That the northern boundary of the State of Ohio shall be established by, and extend to, a direct me running from the Southern extremi ty of Lake Michigan to the most norther ly cape of tho Miami bay; thence, north east, to the northern boundary line of the United States; thence, with said line to iho Pennsylvania line. Sec. 2. And be it further enacted, That the boundary line surveyed marked, and designated agreeably to ''An act to uu ihori.') the President of tho United Slates to ascertain and designate the northern boundary of the State of Indiana, approv ed March the second, eighteen hundred and twenty -seven, ahull be deemed and taken as the east and west line mention -ed in the constitution of the State of Indi anajdrawn'hrougha point ton miles north of the southern extreme of Lake Mich igan, and shall be and forever remain the northern Boundary ol said State, Sec. 3. And be it further enacted, That the northern boundary line ascertained, survevod, and marked, agreeably to law of Congress entitled "An act toascer tain and mark the line between the State of Alabama and the Territory of Florida, and the northern boundary of the Stute al Illinois, and for other purposes," a p proved March aecond, eighteen hundred and thirty-one, shall be deemed and ta ken as the line west from the middle of Lake Michigan, in uorth latitude forty two degrees, thirty minutes, to the middle of the Mississippi, river, as defined in the act of ConfrruM entitled "An sal to ena ble the people of Illinois Territory to j form a constitution and State Govern ment, and for the admission of such States into the Union on an equal footing with the original States," approved eigh teenth of April, eighteen hundred and eighteen, and shall be and forever remain the northern boundary line of said State. Passed the Senate January 7, 1835. Attest: WALTER LOWRIE. Secretary . BEQUEST OF JAMES SMITH SON. Message from the President of the ti nned States, in relation to the be quest to the United States by James Smithson, of London, for founding at Washington an establishment, to be stiled ''The Smithson institution for the increase and diffusion of knowledge among men." Washington, December 17, 1835 To the Senate and house of repre sentatives of the United States. I transmit to congress a report from the secretary of state, accompanying copies of certain papers relating to a bequest to the United Slates, by Mr. Smithson, of London, for the purpose of founding, at Washington, an estab lishment under the name ot the omitn - . .a . son institution, "tor tne increase ana diffusion of knowledge among men-" The executive having no authority to take any step for accepting the trust, and obtaining the funds, the papers are communicated with a view to such sasures as congress may deem ne cessary. AJNDKEW JAl&SUiN. Department of stale, Washington, December 16 1835. The secretary of state has the hon or to submit to the president the copy of a recent correspondence, to regactf to a bequest made to the United States for the purpose of founding, at Wash ington, an institution "tor the increase and diffusion of knowledge among men;" and at the same time, respect fully suggest the propriety of laying these papers before congress, with a view to the adoption of such measures on their part, as the nature of the sub ject may seem to require. JUHIM FOKSY IMf . To the president of the United Stales. extract.! Legation of the United States, Lon don, July 28 1835, Sir: The papers which I have the honor herewith to communicate to you, will acquaint you with the par tieulars of a bequest of property to a large amount, left to the United Slates for founding at Washington, an insti tution "tor the increase and diffusion of knowledge among men-' The letter of Messrs. Clarke, Fyn- more and I'ladgate, the solicitors, by whom 1 was apprized of the exis tenceofthe will together with the inquiries I have made, leave no doubt ol its having been established, and its disposition recognised, by the court of chancery, the first legatee under its having, for several years, and to the time of his death ; received the income of the properly, which is stated to have amounted to upwards of $4,000 er annum. According to the view taken of the case by the solicitors, it is now for the United States, in the event of their accepting the bequest, and the trust coupled with it, to come forward, by (heir representative, and make them selves parties to an amicable suit be fore the lord chancellor, for purpose of legally establishing the fact of the demise of the first legatee without children and intestate; prove their claim to the benefit of the will, and obtain a decree in chancery, awarding them the proceeds ot the estate. Messrs. Clarke, Finmore, and Flad- gate, are willing to undertake the man agement of the suit on the part of the United States; and Irom what 1 nave learnt of their standing, may safely be confided in. Not being acquainted with the exact structure of our inslitu lions, they are not able to point out the exact manner in which the United States should be represented in the contemplated suit, but they believe (hat their diplomatic agent here, it constituted for that purpose the legal representative of the president, wo.. Id be recognised by the court of chance ry at a proper organ of the United Slates, for all the purposes of the will. Should it be thought unnecessary to await the action of congress to au thorize the institution of the requisite legal proceedings and should the court suggested by the solicitors meet the views of ihe president, his power of attorney, authorizing the diplomatic agent here to act in his name, will, I apprehend, be necessary; and as the suit will involve some expense not connected with the contingent fund of the legation, your instructions upon this branch of the subject will likewise be desirable. 1 am sir, with great respect, your obedient servant, A. VAIL. John Forsyth Esq. secretary of stale of the I, tf. Washington, I, James Smithson, ion of Hugh, first duke of Northumberland, and Elizabeth, heiress of the Hungerfords Audley, and niece of Charles the proud duke of somerset, now residing in Bentinck street, Cavendish square, do this 23d day of October, 1826, make this my last will and testament. I bequeath the whole of my prop erty, of every nature and kind soever to my bankers, Messrs. Drummonds, of Charing Cross, in trust, to be dis posed of in '.he following manner, and desire of my said executors to put my property under the management of the court of chancery. To John Fitall, formerly my ser vant but now employed in the London docks, and residing at No. 27. Jubi lee place, North Mile End, Old Town in consideration of his attachment and fidelity to me, and the long and great care he has taken of my effects, and my having done but very little for him, I give and bequeath the annuity or annual sum of 100 sterling for his life, to be paid to him quarterly, free from legacy duty and all other deduc tions, the first payment to be made to him at the expiration of three months after my death. I have at divers times lent sums of money to Henry lionori Juilly, formerly my servant, but now keeping the Hungerford hotel, in the Rue Canmartin, at Paris, and for which isums of money I have undated bill or bonds signed by him. Now I will and direct that if he desires it, these sums of money be let remain in his hands at an interest of five per cent, for five years after the date of the present will. To Henry James Hungerford, my nephew, heretofore called Henry James Dickerson, son of my late broth er, lieut. col. Henry Louis Dickerson now residing with Mr. Auborn, at Bourg la Heine, near Paris,! give and bequeath for his life the whole of the income arising from my property of every nature and kind whatever, after the payment of the above annuity and after the death of John Fitall, lhat an nuity, likewise the payments to be at the time the interest or dividends be come due on the stocks or other. Should the said Henry James Hun gerford have a child or children legit imate or illegitimate, I leave to such child or children, his or their heirs, executors and assigns, after the death of his, her cr their father, the whole of my properly of every kind abso lutely and forever, to be divided be tween them, if thjre is more than one in the manner (heir father shall judge proper, and incase of his omitting to decide this, as the lord chancellor shall judge proper. Should my said nephew, Henry James Hungerford marry, 1 empower him to make a jointure. In case of ihe death of my said neph ew without leaving a child or children or of the death of ihe child or children he may have had under the ae of twentv one vears. or intestate, i then bequeath the whole of my properly subject to the annuity of JE100 to John Fitall, and lor the security and pay ment of which, I mean stock to re main in this counlrv. to the United States of America, to found at Wash ington, under the name of the Smith sonian institution, an establishment for the increase and diffusion of knowl edge among men. I think it proper to state here that all the money which will be standing in the French five per cent, at my death, in the names of the father of my above mentioned nephew, Henry James Hungerford, and all that in my name is the property of my said neph ew, being what he inherited from his father, or what 1 have laid up lor him from the savings upon his income. JAS. SMITHSON. (l. s.) Department of stale, Washington, Sept. 16 1S35. Sir: I have the honor to acknowl edge the receipt of your despatch o the twenty-eighth of July last, (No 197,) relative to a bequest of property to a large amount left to the United Slates by Mr. James Smithson, for the purpose of founding st W ashing ton an institution for the increase and diffusion of the knowledge among men; and to inform you that your let ter, and the papers which accompa nied it, have been submitted to the president, who has determined to lay the subject before congress at its nex session. The result of its delibera lions, when obtained, shall be commu nicated toyou, with the necessary in struclions. Of the course intended to be pursu ed in relation to this matter, as above exnlained. von will take occasion to acquaint the solicitors who apprized vouof the existence of Mr. Smith- a ju's will. 1 am, sir, your obedient servant, JOHN FORSYTH. rfaron Fail, Esq. charge d' Affairs of the U. S. London. Boring for water in the de serts or Africa. By an article pub lishel in a late London paper, it ap pears that the Viceroy of Egypt bis employed engineers in boring for wa ter in various part a of the desert be tween Cairo and Suez, and that they have already succeeded in discover- ng water in saveral places. Jy. X. tm. IMPORTANT FROM EUROPE. By the packet ship Poland, capt. An thony, the N. Y. Journal of Commerce has received Paris and Havre papers both to Saturday evening November lat containing London dates to the evening of the 19th. Mr Barton had not yet loft Paris," tho' il is announced iu the Havre Journal of the 2 Ut, that ho bad taken passage on board the packet ship Albany, which was to sail on tho 1st of Dec. A French fleet under Admiral Mackaw was said to be pieparing for a visit to this quarter of the world, to look after the in terests of the French commerce. A sudden change has come over (he prospects of Europe, on account of some demonstrations made by the Emperor, of Russia, particularly a speech which ha put forth at Warsaw, a copy of which may be found below. Both tho French and English papers are filled with indig nation at the tone assumed by the Czar, and a war between Russia and F ranee is represented to be by no means improba ble. It is a topic even more fruitful of discussion in the Freneh and English pa pers, than the America question. 1 he meeting ot the L rench Chambers is postponed from tho 28th December to the 12th January. The funeral of Admiral oe Rigney waa celebrated on tho eleventh with great pomp. I he Spanish Cortes have assembled, and their session was opened by a satis factory speech Irom the Queen. There have been no important movo- inents in the north of Spain, though in general the cause of Don Carlos appears to be declining. Report said that Russia and its associate powers were preparing to assist him. Gullignanfls Messenger of the Uth says," We have beeo led into error in an nounciug the departure of Mr Barton, tbe American Charge d Aliuirs. lie is still in Paris. lie has, however, for sometime quitted the Hole! of the American Lega tion, and no longer transacts business in an official capacity. Mr Brent, the Con sul of the United States, now signs pass ports, ami performs tho routine ot busi ness. Paris, Wednesday, Nov. 11. Tho Messager says: "The Charge d'Affaires of the U. S. of America, having demanded his passports, received them yesterday morning at ten o clock, and immediately after ordered preparations to be made for his departure on Saturday. All the pa pers of the Legation had before becu seat off to the U Slates, and persons well in formed oftho state of things say, that the period of the ai rival of the vessel that is conveying them will determine the (ono of the President's Message at ihe opening of Congress. If these documents arriva n time, General Jackson will throw out fire und flame against the French Gov ernment, whom it will accuse of the in. fraction of treaties; in the contrary case, he will merely announce to Congress that he is waiting for the answer lo Ihe note delivered by Ins orders to the Cabi net of the Tuileries." Paris, Nov. 11. The Impartiil states, that when Mr. Burton, the Charge d'Affaires of the U. States, demanded his passports, they ware given to him, unac companied by any expression of regret at his departure, or any wishes for a mora pacific tone being adopted on the part of Ins Government. It approves of this; since any indication of fear of iho conse quences of ins departure would he a com promise of the national dignity. Ai lbs same time there is no fcurofun irnmcdi- ate rupture, and a choice of a successor to the warlike Jackson will remove most oftho difficulties in the way of negocia-. tion. However it may turn out, vague apprehensions are still caused by this af fair, and it is possible that business may be seriously affected by it. Paris, Nov 12. It is affirmed that a Committee of Insurance Brokers have de termined, in consequence of ihe turn in the relations ot France with the u. S., that they will sign no more risqucs de guerre a Fannee under 5 per cent, for a ear's navigation. This committee is composed ol the heads ol several of the largest houses in the capital, who last week would not havo hesitated to sign theae same risks at two or at most two Sc. a half percent. Nov. 15. The Courier Francais says, that some citizens of the U. S. assure it that the President cannot grant letters of marque without permission ot Congress; and that, as to issuing a declaration of non-intercourse, this also lies with the Congress, and not with the President. The Congress, it is fully expected, will show itself worthy of ils mission, and there will be no more proclamation of war made by it than a public adoption of a system of Jacksonism. The Moniteur du Commerce contains a long article on Ihe slavery question in America, and observes that the principal difficulty consists in promoting the fusion of the white and colored races together. It anticipates tbe abolition of slavery in the U. States, not without a dreadful struggle between master and slaves, and perhaps the dissolution of the Union. The abolitionists had much better ui.oct all their efforts towards forming Banks of Indemnity, as the only proceeding that is really suited to the habits and ideas of the Americans.