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Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, February 18, 1826, Image 2

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moderate reflection lie had been able 10 bestow on
this subject, during the discussion, bad reconciled 1
his mind to the admission of the principle, that the
effect of this treaty was certainly of limited ex- '
teut. This treaty was concluded before the admis
sion of the State of Mississippi into the Union, :
and the parties to that treaty being considered as
diatinrt Sovereignties, might have imposed on the '
United States certain obligations, from w hich ol>- j
bgatfons they cmddnot disengage themselves by l
any new compacts entered into with the People of 11
-Mississippi, on tltcir admission Into the Union. To |
this extent, Mr. 1). said* the power of the United 11
States w-as to he deduced it out the treaty, and
might be admitted without involving the ques
tion, of which he desired to steer clear, in this
As to the general right asserted for the Union, ;
to make toads through all the Indian countries, a-I
gainst such a doctrine lie should desire to protest,
lie would draw a distinction between those lands of J
Indians, living within the limits of the States!
which came into the confederation, with certain
chartered limits, and those living within States,
who, at the time of the formation of the Consti
tution, had no limits, and whose limits were only
defined by the laws regul ding their admission into
tfic Union. It seemed to linn, that the present i
bill steered clear of all these difficulties; and j
though they hud desired thra question to rest, yet, !
it they were required to act on it, he was prepared '
to act accoiding to the best of his judgment. The
general subject having been presented in u formal
jdauner, and in such a maunei as to require a for
mal discussion, he was solicited by no meaner step
to interfere with that course which the conviction
• >f his duty hnl prescribed to him; but, if the nreni
l;ert of the Senate, generally, were satisfied that,
as to this question, the bill was free from doubt, he
should not press on their consideration, at this mo
ment, the motion tor laying it on the tabte.
Some further conversation then passed between
.Messrs. Cobb and Woodbury, anil, after an ineffec
tual motion to postpone the bill to Wednesday
next, it was ordered to be engrossed for a third
reading, without a division.
The Senate then adjourned.
Alter tiie presentation and disposal of petitions,
Mr. Sloane from the Committee of Elections,
iriatic a leportupon the subject of the contested
'■lection of the Delegate from the Territory of Mi
chigan, favorable to the right of the sitting Dcle
•,:ate (Mr. Wing;) which was referred tothe com
mittee of the Whole House.
Mr. McLatie, from tlie Committee of Ways and
Means, icported a bill “ making appropriation for
the purchase of books, and defraying cerlnin ex - j
pens'e-q for the use of the Library of Congress;” j
<'ominittte of the Whole to which is referred the
hill making appropriations for the naval service of
' ne United States, for the year lS2ti.
Mr. Crowninshiehl, from the Committee on Fo
i"igu Affairs, reported • A hill to provide for the
restoration of Deserters from Foreign Vessels,
within the jurisdiction of (lie United States.’
Tire bill was twice read and committed to the
same Committee of tile Whole to which is referred
tlyj bill providing for tlteeppreiumsion and deli very
of deserters, from French ships, in the ports of the
"United States.
O.i motion of Mr. Everett, of Mass. it was
Resolved t That the Committee of Ways and
Means be instructed 10 inquire into the expediency
of reviking Oie laws regulating the importation of
foreign books.
Mr. Mine.-, of Pennsylvania, called up the reso
lution, otfereti by him on tlic llith ult.
Mr. Webster, of Mass, expressed a desire to un
derstand for what purpose this call was to be made.
It asked, if he understood its import, for a consi
derable aanf-int of papers; and before lie was pre
pared to make such a demand on the President, he
wished the mover of the resolution to give some
explanation to the House of the object in view.
Mr. Miner said, he would avow, with frank
nt*««, his object in offering the resolution. It was
io obtain information, which was deemed important
in the expected discussion relative to an appro- 1
1 fiat ion for the proposed Breakwater at the mouth j
of the Deleivare. That discussion, in some way j
nr oiher, would be brought before this House. It [
was our duty to biing it up; we had been instruct- J
r i to do so by a vole of the Assembly of I’ennsyl- j
vauia. And how was the information asked for to I
hear on that measure? Mr. M. said, he had pre
sumed it piobable some gentleman would say, j
*• This Is a large sum asked lor; is there an amount
nl commerce ia the Delaware to justify so great an
expenditure?” The first part of the resolution
would, if adopted, give us information to answer
the inquiry. By shewing the amount of revenue
derived to your Treasury from the commerce of
u.n Delaware, the House would have, at a glance,
an idea of the extent of the commerce: for the
revenue must be in proportion to the commeice.—
Well, sir, wt then supposed it possible some gen
ilvman might n*k, “ But how does the commerce
of this district compare with that of other great
f'oinmercnl district*?” The question would be
\ ery natural. We judge'of things by comparison:
•vc resson by comparing one thing with another.
The boy does not determine the value of his orange
by looking at it alone; hut places it beside that of
his play-fellow. We supposed the information
might be agreeable to the House, and useful to us.
Again, sir, we supposed it poi'-ibh: some member
* might rise and assert it to be a fact, or ask the
question if it were not so, that, in propoition to the |
commerce and revenue of this district, more money
*1 111 been eifiMfleil for its rlefenri, anil nrotrr—
i:<mthan for any oiher commercial district in the j
uion. The House would see In a moment, that
■‘•i .’h ao idea would have an unfavorable effect on
> srapplication, Gentlemen, who would otherwise
•e friendly, would say, “ Come, come, you must
/i >t press (Jus upon us notv; you have had your
share for the present.” It is to ascertain this fact
h it we ask for the statement of expenditure*. Wt
d:il not feel that we should be doing our duty to
-nter into the main discussion without this informa
tion, and, therefore, have we respectfully asked it.
Hie explanation, I hope, said Mr. M. may be sa
udactory to the honorable gentleman from Massa
Mr. Webster said, that hi* object had only been 1
> ascertain the intentions of the honorable mem- j
vr. If he would make the inquiry a general one,
might perhaps he of use; but if his purpose in \
‘ Valuing these details wss only to shew what the
uvyers call a nuanhim meruit, and to infer that, 1
-•a ire tire port of Philadelphia yielded such and *
* ichsuins to the revenue, it was, on that account, 1
'"‘titled to have its wishes complied with, in rein- *
tion to this work, he should certainly oppose the *
call: because he considered such a principle to be '
the very essence of loc*'l legislation. Conceiving ’
ttie resolution, in its present form, to bear such an ! !
u-pect, he moved to lay it on the table: but with- i 1
bew the motion at the request of
Mr. Wright, of Ohio, who moved to amend the 1 J
( solution by striking out the words •• the port* I 1
within the Riy of Delaware,” and inserting ” the ! ^
different ports of the bbiited State*, »nd their terri- i 1
•orics;” and by striking out all after the word ! 1
beacons,” and inserting ” buoy*, fioating-iights, j 1
a Wall*, breakwaters, deepening channel*, im- j 1
overnent of harbors, roads, canal*, and other 1 *
public works, within the United States, and their a
territories, during the same period; shewing the 1
-bjects of the expenditures, the amount in each !
ear, and classing together those within carh State
and Territory.”
[This motion pave ri*e to a debate in which c
Messrs. Worts of P. M'C’oj, Wright, W’ood of j
V, Y. and Miner took part.] j *
The q'mtion being finally put on the amendment j 1
ot Mr.Wright.it was rejected.
And the question recinring on the original reso
idon as offsrred by Mr. Miner, a debate en«n- !
tj in which Mr. Webster opposed, and Mr. Wurts , t
. PP0HV3
The question was then taken on th» resolution l S
rnposed by Mr. Miner, and dueled In the negative' 4
* 68, rray* CO. 'f
An engrossed bill, entitled “ An act (bribe rc- ; i
ief of Penelope Denney,” was read a third lime, t
The debate on this bill now recommenced, wnb t
enewed vigor. i
The yeas and nays being finally takAiou the pas- '
'age of the bill, Yeas 87, Nays 71. <
So tiie bill was passed and sent to the Senate. i
Tiie House then passed to the orders of the day. <
Whereupon, Mr. McLane of Del. moved to
vostpone all tiie orders which preceded tiie Navy
Appropriation Rill. Tiie motion was agreed to,
uid tiie House went into committee of tiie whole,
Mr. Maikiey of Penn, in the chair, on that bill.
On tiie item appropriating § 100,UOO *• for the
igency on the coast of Aftica for receiving the
legroes, tnulairoes, and persons of color, delivered
from on board vessels sef/.ed in tiie prosecution of
lie slave trade by commanders of the United States’
iriued vessels.”—
Mi. McLane observed, that this sum had not
aeen recommended by the Committee of Ways and
Means; but wastiie sum required by the Navy De
partment. In investigating tiie subject, the com
mittee lud been of opinion, that a smaller sum
would be sufficient. It was not for them to enter
into tiie question of the expediency of tiie law. —
That was a question to be consideredby the House.
As long ns it remains iu force, it is the duty of the
committee to report such a sum as is requisite to
carry the law into effect. The bill to which lie i
referred was passed in 1819 in addition to tiie pio- i
visions of a previous act for the suppression of the
slave trade. It ullowed ships of tiie United Slates
to capture vessels under the American flag, engag
ed in that traffic. It gave a bounty on all slaves
no captured, and provided that the captives should
be returned to their native country, and should be
supported in the meanwhile at tiie public expense.
It established an agency on the coast of Africa,
where these returned captives were to be received,
and to be kept until it should be discovered to what
nation they belonged. At the last session of Con
gress, tiie President sent a message, in which he
informed tiie House that lie had appointed two
agents on the coast of Africa, and the agency con
tinued until 1S23, when another appropriation of
$50,000 was made for tiie further execution of the
law, and the same system still continued, being
based on the law of 1519. Tiie Committee of
Ways and Moans had supposed that it would be
most proper to appropriate at this time for thepre
**nt year only, leaving it for Congress to say vvbc
tlar the system shall or shall not he continued_
Should it even be decided tiiat the system should
cease altogether, some appropriation would atill be
requisite, as tiie negro.» already transported must
be supported, and the contrite* entered into must
be fulfilled. The committee had thought $32,000
would be a rtiCicient appropriation at this time,
Inat being the amount ol a previous balance, which
uot being expended within two years after it was
appropriated, had been carried of course to the sur
plus fund.
M. 1\T_T .1_.1_I, i
estimate had been made. $8000 would be requir
ed lo auppport the slaves now on hand, $2,800 to
pay the salaries of the agents, and 21,000 dollars!
lo transport 420 negroes lo Africa, (60 dollar* is
llie average price for transporting a negro on
board the slave ships. Tiie above calculation is
made much less ) ft was not probable, however,
'hat the whole number would be returned within
the present year. He then moved to fill the blank
•vitli 32,000 dollars.
Mr. Forsyth thought that the Committee had
fallen into a mistake as to the number of negroes
that would have to be transported—only 200, and
not 420, being the true number. Hut lie had not
risen for the purpose of making this correction. He
thought this might be as good a time as any, to call
the attention of the House to iho law of 1819, and
to the extraordinary reuse of the Government un
der that law. The law contemplated simply, an agen
cy on the coast, to which might be sent, the negroes
captured, according to its provisions: but, in
stead of this, the President had sent out agents—
had fixed their salaries—had moved the place ol
settlemcment two, if not three limes; and although
only 30 persons had been sent, of whom but 28
were supported by the United States, it had cost
the Government 70,000 dollars. This constituted
a state of things which certainly called for the
consideration of Congress. Iiy the present estimates,
it appeareJ 'hat the support of the whole 494 for
a year co^ t» but $26,000, yet here were two
agents, at a salary of 2,800 dollars, to take care
of twenty-eight persons. Now, although none
can seriously contemplate the repeal of the laws
enacted against the slave trade, yet the interference
ol Congress is certainly required to prevent so great
a waste of the public money. As things stand, the
expense of the last five years must not only con
tinue but increase. The 23 persons now supported,
may, before the year is ended, bo augmented to
226. 1 he late Presiden', in hi* message, laid be
fore Congress his views on the subject of this
agency. Congress passed no act on the subject,
and hence, the conclusion was drawn that the con
struction which the President had put on the act of
1319 was also the construction of Congress. The
House did nothing, and it was concluded, of course,
that it coincided with the President. If this is to
be considered, in all cases, a legitimate inference,
Executive messages should Le closely scrutinized.
Hut, be this as it may, there has since been a de
parture from the instructions of the late Presi
dent. He fixed the salaries of the two agents at
$1,300 and $1,200; they are now $1,600 and
$1,200. lie selected a place for the agency, but
gave express directions to the agents not to per
form any act of colonization. The act of Con
gre«s contemplated that our agency should have
nmhing to do with any of the local Governments
nf Africa nnr tv-ill, <1.. .nil T ....... C...I_%•
K. that we have to do with both. It appears that 1
[here is some undefined connexion between the
Agency ot this Government and an association of 1
private individuals, called the Colonization Society.
Die report from the Department says, that thecon
ir-xfon has been found mutually beneficial, and, ai
I understand that report, a part of the expense
which lias been paid by the Government is (or the 1
support or benefit of persons under the control of 1
the Colonization Society. Now, sir, I should like '
lo know what the nature of this connexion is. I '
wish to understand how far the U. States are part 1
owners of the soil of the eolony; for it appears to *
ne that, notwithstanding the act of 1819, and the 1
President’s instructions under that act, both pro- *
libiling any acts of Colonization, there has crop* in *
i practice which, in effect, goes to colonization,
iid, wrth the must profound reaped for the motives f
if those individuals who first instituted, and who r
onlinue to pro note the Colonization Society, I *
nust be permitted to express a wish to have no *
onnexion with it. If any such connexion has
aisled, I wish it immediately dissolved; for, al- "
hough I believe ita founders to be among the most I
ffliable and best men in the country, yet I have no >
Jea that the funds of the U. States are to be spent f
y persons not responsible to the Government. ■■
Mr. Me Lane replied, that, on the particular h
object of the gentleman’s inquiry, he had no in- 1
mnatinn to give. He believed that no connexion f
whatever existed between the Agency and the ?
lociely, except it is lo be found Ja the fact, that •
he agents of the Colonization Society are also c
lie agents af the U. State*. The Secretary's re- a
ort expressly says that there is no connexion be- *
ween them, but the agents of the Government are l h
lit horixed to afford to the colony assistance and!6
rotection whenever it may be required. As to
lie number of Negroes to he transported to Africa. : *
e had received information that there were one or j'
wo hundied in Alabama, not included in the S«- [ h
reiary’s letter. | tl
On motion of Mr. Allen, of M- -,s. the Com- ; c
littee now ro«o, and having obtained leave to sit 1 c
gain, the House adjourned. 1 *
Tt;r.sT>AT, F>:niu'AnY 14, 1826. |e
i he Vic* President communicated a report!0
rom the Secretary of War, transmitting an ab- j (
tract of the general annual return* of the Militia ! *1
f the United States, and of their arm*, accoutre- ‘ P1
-.ents, and ammunition, by States and Territories. I »<
Mr. Nofcie prelected the oiemwiel of lh«Gener«lj c'
Vssemuy of Indian.*, praying Unit a further grant <
if ImuI may be made to aid the Stale to open a
.'ana!, to connect the waters of the river Wabash
vith those of the Miami ot Lake Eiie—that so
nuch ot the aet of Congress of L'G;h May, 1821,
* to authorize the State of Indiana to optu a Canal
hrough the public lands, to connect the navigation
>fthe river XVabash, and the Miami of Lake Eric,’*
is limits the time within which the Canal shall be
rooiplelrd, may be repealed; and that the Indian ti
le* to lauds within the limits of that State, may be
extinguished. To this memorial is annexed a joint
evolution of said General Assembly, instructing
heir Senators, and requesting their Representatives
n Congress, to use their best exertions to obtain
.he passage of an aet of Congress granting the
prayers of the memorial.
Referred to the Committee on Roads and Canals. '
The resolutions submitted yesterday by Messrs.
Lloyd, of Massachusetts, and Smith, were seve- i
rally taken up am] concurred fn.
The Senate then proceeded to the consideration
of the bill authorizing, and making an appropria
tion for, a survey of a route for a canal between the
Atlantic ami the Gulf of Mexico, (through the
Territory ol Florida.)
The Committee of Roads and Canals (to which 1
the bill was referred) had reported an additional j
section, directing also a survey to be made of the 1
country between the Apalachicola and the Missis
sippi rivers, with a view to the formation of an
inland navigation between the same, and an esti
mate of the expense thereof.
On this amendment, and on the hill itself, a dis
cussion commenced which gradually swelled into a
debate of considerable length, on the Constitutional
powers of Congress to adopt the measures proposed,
especially that embraced by the amendment which
proposed a survey in a State. The debate, though
somewhat desultory, developed a good deal of in
formation, and possessed many points of inleresi;
and it will therefore be fully reported in a day or
two. The gentlemen who took part in it were
Messrs. Randolph, Johnston, of Lou. Hendricks,
Holmes, Ilayne, Harrison, Findlay,Macon, Kane,
Branch, King, and Rowan.
The debate continued until 1 o’clock, when the
question being taken on the amendment, it was re
jected by the following vote:
for the Amendment.—Messrs. Barton, Boulig
ny.Chase.^Findlay, Harrison, Hendrick-*, Johnston,
of Loo. Kane, King, Marks, Noble, Robbins,
Ruggle-, Seymour, Thomas, Williams— Id.
Against if.—-Messrs. Bell, Beiricn, Branch,
Chandler, Clayton, Cobb. Dickerson, Eaton, EJ
wards, Ellis, Hayne, Holmes, Johnson, of Ken.
Knight, Lloyd, Macon, Mills, Randolph,Rowan,
Sanford, Smith, Van Buren, Van Dyke, While,
Willey, Woodbury —2t>.
1 lie bill was then ordered to be engrossed for a
third reading, without a division; and
The Senate adjourned.
Tlie resolution offered by Mr. Cocke. ofTcnn.,
Calling on tile President of the U• States tor a state
ment of the com|>ensation which has been allowed
to ihe Paymaster and Quar-ermaster of ihe -Marine
Corps, for the two years preceding the 1st Janu.i
ry, 1920', with certain details of the same, was ta
ken up.
Mr. Coolt moved to amend the resolution, bv
directing tho call to be made on the Secretary of
War instead ol the President of the U- States.
Mr. Peter, of Maryland, moved to insert the Se
cretary of the Navy instead ot the Secretary of War,
which was accepted by Mr. Cook; but the House
refused to agree to this modification ot the resolu
tion ; and
The question recurring on the resolution, as ori
ginally framed, it was ^reed to.
Air. horsyih, of Georgia, offered the following:
Jlexolced, 1 hat it is expedient to repeal mi much
of the act of the 3d March, 1819, entitled An
act in addition to the acts prohibiting the slave
trade,” as provides for the appointment of Amenta
on the coast of Africa.
lunolved, That it is expedient so to modify the;
said act ot the 3J March, 1819, as to release the U. |
States frotr. nil obligation to support the Negroes
already removed to the coast of Africa, and to pro- ■
vide for such a disposition of those taken in slave :
ships, who now are in, or may hereafter he brought1
into the United Slates, as shall secuie to them a
fair opportunity of obtaining a comfortable subsist
ence, without any aid from the public Treasury.
These resolutions were, at the request of the
mover, laid on (he table, and ordered to be printed
Mr.Storrs. of New lrork, offered the following:
lieeolved, That it is expedient that theConsti
tutton of the United States be so amended that the
Senators from the several States shall not be ap
pointed by the Legislatures of the State*, but shall
be chosen by the electors in each State, havin'*
the qualifications icquisite for electors of the mosl
numerous branch of the State Legislature.
Mr. Siorrs said, that he submitted this resolution
merely for consideration at-pre.-ent. It tho House,
when they should lake up the various propositions
offered at this session of Congress to amend the
Constitution, should come to tlie conclusion that
some of them should be adopted, he might, at a
future day, call their attention to that which he
now offered. His opinion of its expediency must
depend on the opinion which the House should
express on the other amendments now before
them, and which may very scOn be acted on_
He should now only move to lay the resolution on
the table.
Ihe resolution was accordingly ordered to lie
in the tabic, and to beprinteJ.
On motion of Mr. Thomson, of Penn, it was
a'lanne ivommittee on Military fl
airs be instructed to inquire into the pioprieiy and
sxpediency of erecting a chapel at the Military
Academy at West Point, for the use of the stu
lents and person* there employed in the public ser
Mr. Kstill of Virginia, offered the following:
Resolved, That the Committee on Military I\n
imna be instructed to inquire into the expediency
>f so amending the several laws relating to Ite
roJutionary pensioner* as to allow said pensioners
o receive their pensions from the date of their sc
'end declsrstions, made pursuant to the provisions
»f the act of Congress passed on the ISih of March,
818,entitled an act to provide for certain persons
ngaged in the land and naval service of the United i
•tales, in the revolutionary war.
Mr. Kstill said he would offer to the House some
f the reason* which induced him to intiorluce the
esolution— and in doing so it would be necessary
o revert to the course of legislation which had t
eeo pursued on the subject of Pension*. ,
In IS 18,/Congress passed an act providing Pen- t
ion* for persons who had served during the War.
If this act it was directed, that any person claim- i
ng the benefit ol it must make declaration in a ,
-ou/t of Justice, among oilier things, that he was
0 pom- a* to stnnd in absolute need of the public r
ouQtj -from which it appeared evident, that the i
Mention of (he law was m make a provision loi '
lauper* only. Uy a subsequent set, passed in t
larch, 1810, it w»* declared that the pension n
Fiould commence at the time the required de- s
laration should he made. It was soon found that s
n immense class of persons were receiving pen- t
ions who were never contemplated by the Legi*. }
iture, and, in con-equence^another act was pass- -
1 in 1820, the effect of which was to exclude all a
nl those who proved themselves to be p„ipm# ,
ly this last act, the Secretary of War was made the n
idge to determine whethei any applicant had, or t
»d not, satisfactorily, shown himself entitled’ to n
le benefit of the public bounty-., and he was requir t
I to withhold the payment of the pension till c
trtain schedule, accompanied by a prescribed o»th o
lould have been laid before him. In IS2«, a far! tJ
ler act was pas-eJ, supplements] to those pro. n
^ding: and according to the construction of tg., 0
ipplcmental act, which was adopted at the rule s
F the War Department, it was determined i*t a
;ven in the case of those who finally prov.- j ti
emselve* to bo paupers and fully entuled.) a|] c
(nsion* should be suspended, from iho dale o’t u,. n
t of 1SIW, till the time full proof was made ac c
>r<ling to tfm ntvy ferma rreuired. In cnjnc %\
picuce of this const)uctma oil he law, it happened .
hat those very persons, for whose benefit the pen- |
•ion law fust passed, and who were admitted to be
cgilitnately entitled to its benefit*, lost the amount
:if their pensions front the passing of the act of!
1820 to 1823—and this, without having b« en guilty
ot any fraud, or attempt to deceive. A case of
this kind existed in that part of the country from
which tie came. An individual applied for a pen
sion in 1818, and furnishing the proof then requir
ed, continued to receive it till 1820. Owing to
sabre wounds in his head, his understanding was
much impaired, and he neglecteJ to furnish farther
evidence till 1821—in con sequence he was depri
ved of his pension for those four years, though
most clearly one of those persons for whose benefit
the law was cade. Mr. E. thought this was un
just. lie did not believe there were many ca>ee
of a similar kind; but (he object of his rc-oluiion
was to embrace this class of persona, whether few
or not. lie differed from the War Department in
tin-construction which it had given to tiie law of
1823. He did not believe it was the intention of
Congress to wi liliohl a pension from any of those
who were indeed paupers, and had served their
country with fidelity, lie was not, however, ve
ry anxious in the matter. He presumed the act of
1820 iiad fur its object nothing more than to pro
tect the Treasury from imposition, and toasceitaiu
whether an applicant was what he pretended to
be. The resolution asked that a committee may
consider tfie subject, and report on the expediency
ol amending tiie law, unless they should agree with
Mr. E in the opinion that the present construc
tion ut tlie law is erroneous; in which case they
would so report ; and an expression would be ob
tained of tiie opinion of Congress, one way or the
other, which was ail Mr. E. aimed at.
Mr. McCoy of Virginia, observed, tint he did
not like to say any tiling in oppdsitioii to the wish
es of a colleague; but tiie decision of the Secretary
ol War was now settled, and he thought it would
be a pity to disturb it. The law was sufficiently
plain—it meant to say that the pension should
commence with the date cf the proof. It was ne
ver the intention of Congress that those who were
stricken off the Pension Roll, should again receive
pensions, till they had satisfied the proper utiicer
of the Department that they had a right to them.
Mr. Estill said, in reply, that lie had not ex
pected any objection would be urged against ma
king an inquiry— his resolution content; lated no
more; and when the report should be received
from tiie committee, it would be time enough to
discuss the merits of the question.
The question was then put; and the resolution
was adopted —aye* 9.",.
Mr. James Johnson of Kentucky, who voteJ
against the resolution of Mr Miner, rejected yes
terday, calling for inform ition inte»ded to bear on
tnc proposition in favor of the erection of a Break
wati-r at the mouth of the Delaware, moved for a
rei nnsiiVi.nir.n t-.t tl». rn.nl..iU.. .. U...1. ..... .
greed to. When
Mr. Henipktll, spoke for some time in favor of
‘.'•ic Resolution.
Mr Wood of New York rose —but
i he Speaker declared the hour for discussion of
resolutions to have parsed, and proceeded to the
orders of the day, whereby the further.considera
tion of this subject wa» postponed until to-morrow.
The Speaker laid before the House a communi
cation from the Department of War, transmitting
a report front the Surgeon Cieneral, containing the
information called 'or by tlie House on the 10th
instant, concerning tlie encouragement of Vaccina
tion lathe Army, which was ordered to lie on the
[ i’he Surgeon Cieneral states that whenever a sol
dier is enlisted, he is iimnediaiely vaccinated if not
previously done; and that there have been but two
cases of the small pox in the Army of the United
States since the year ISIS.]
The Speaker laid before the House the follow
ing communication from the President of the United
To the Homs of Representatives of the U. S.
Washington, 14th Feb. 1826
In complisnCB with a resolution of the House of
Representatives of the 12th ultimo, I transmit,
herewith, a report from the Secretary of the Navv,
with the statements relating to Naval Courts of
Inquiry and Courts Martial, since I ho first of Janu
ary, 1821, requested bv the resolution.
Navv Department,
February 13, 182G.
To the President of the United States:
In answer to a resolution of the House of Re
presentatives, of the 12th January la-t, that “ the
President of the United States be requested to cause
to be laid before this House an exact account of
the expense incurred by each court inarti.il conven
ed for the trial of any officer of the Naval service
of the United States, and the expenses of each
Court of Inquiry, held by order of the Navy De-1
partment, since the 1st of January, 1821; stating I
for what services the expenditures were incurred, I
to whom paid, and out of what appropriation: II !
the proceedings of the court martial in the case ol |
C aptain David Porter have been printed Jbv said ■
Department; out of what fund were the expenses 1
paid, and to what amount”—the Secretary of the 1
Navy has the honor to enclose a copy of a report
from the h ourth Auditor of the Treasury, which con
tains an account of the expenses called for.
1’he Secretary of the Navy has the honor further
to state, that the proceedings of the court martial,
in the case of Captain David Porter, have been
printed by Davis & Force, of this city, and an a
grceincnt made n ith them, that for the privilege of
printing the s„me, under the direction of the De
partment, they should furnish as many conies of the
work a* should be required by the Department, at
one half the price at which they sold it to oilier*
Under this agreement, three hundred copies were
taken, at $>• 1 25 cent* each copy, making for tin
whole, three hundred and seventy-five dollars. The'
work was sold to other*, and i* now held by them,
at §2 5(1. This sum of $375 ha* been charged to, and
paid out of, the appropriation made on the 2l*t
hebruary, 1825, “ for defraying the expenses which
nay accrue during the year one thousand eight him
Jred ar.d twenty-five, for printing and stationery,
if every description.” Some of the 30o copip.!
tre now in the otTiee, others have been sent to the
levernl stations, navy yards, and squadrons, and
IS were sent, on the 4th instant, to the Senate of
lie United States, incompliance with a resolution
if that hotly, passed on the 2d February,
Which is respectfully submitted.
The Hou*c then again went into committee of*
he whole, Mr. Markley, of Penn, in the chair, on
he hill •• making appropriations for the Naval ser
in* of the United States for the year 1826 ”
The question being on filling the blank in the
lent, for an agency, and expenses for captured
Urirans, on the coast of Africa, with $82,000_
Mr. Forsyth, of Geo. observed, that he was by
o means saiisfiatl, either bv the information stated
esterday by the chairman of the committee of
Vays and Means, or that contained in the report of
he Secretary of the Navy, of the piopriety of this (
pproprintion. The chairman of the committee had t
aid, that the teport of the Secretary expressly
tales, that there is no connection between the Uni- t
^d States’ Agency and the Colonization Society, i
or himself, afer an f.tt entire perusal of the re- <
ort, Mr. F\ said, he was unable to discover in it i
ny such declaration. There is, h deed, one pas- ,
age, in w hich the Secretary says, that the Govern- t
•ent Agents have been instructed not to connect i
!.e,r views with those of the Society; hut it Is most j t
Kindest that there is a perfect connection between ' t
ie agency and the society The Secretary dc- <
lares that they have a mutnaUepemlenrc on each t
ther He goes so f«r as to say, in so many words, 1
.at the Society, the Colony, and the Agency, could <
ot exist independently of pad, other. The place I
f both is the same; the ofiicer* of both are the t
irre; the same persons act in a double capacity <
nd are authorized by their appointment and in-roc ’ t
ons to incur expenses for the benefit of the So* i
'*'■' < whenever required so to do. Mi. F. did i
ot profess to be intimately acquainted xvith the t
onccrns of the Colony; but he believed he mi-ht! ti
ate with greet safety that thwo is a fort there :
lie found, from one item in the report, that, for the
defence pf the twenty-eight persons whom the U
mted Slates have to support at the Agency, the
Agents had purchased 220 mulcts. This seemed
a very sufficient armament foratwenty-eight men,
even with both the agents at their head. It must
lc evident, from the whole language of the report,
lint the entire concern iti nothing but a combination
of the two intererte. The Secretary speaks con
tinually of “ the settlement,” «• the establishment,”
— and it is evident he includes the Colony aud the
Agency under this term “ a settlement” The lan
guage of the report is, throughout, Mraugely inac
curate. The Secretary says, the “ settlement may
be said to have recovered from its embarrastaneut.”
In another place be says, that, if the blacks con
tinue there, they will add strength »• to the estab
lishment. ” 1 ohitn, Mr. F. said, it appeared most
evident, that there is a connection between the A
gency ami tbe Colonization Society; and that the
blacks supported there by this government are
governed in effect by that Society. He mention
ed these facts tha' the committee.might turn their
attention more particularly to the subject.
Mr. McLanesaid, he did not understand the gen
tleman from (Georgia, as opposing the motion he
had made to till the blank, but as having rathtr
directed his observations to some proposition which
i> lieieaficr to be considered in reference to this
subject. If so, he would say nothing in reply.
Mr. Forsyth replied,that he should not oppose the
motion to fill the blank.
Mr. Owen of Alabama, observed, that if the
sum proposed by the Chairman of the Committee
of Ways and Means, was to be applied as appro
priations for this object hitherto had been, he!
should be opposed to giving even $32,000. Hut
if it was to be ex, ended according to the provision
ot the law, as p..ssed by Congress, he would then
j support the motion, seeing that such was, as pre
i sent, the law ul the laud. Hut he desired that it
! n,if5lrt understood as the will of this House, that
j these funds are not in future to be applied in the
• manner they have been,but in such a manner that
j the House may know and understand their appli
i cation. If the consequences to grow out of the
| connection tbe Cover.iiuent with this Colony
j were appalling, he was for meeting them and put
( dug them down.
! Mr. McLanesaid, in reply, that ho should not
. attempt to discuss the expediency either of the law
j on this subject, o; ol a connexi<y. Let ween the U
!I,l,etJ Sules’ Agency and any association of pri
i individuals, lie thought that such remarks
uad no connexion with the subject immediately
•c.ore tha House. The gentleman appeared to
•look forward to evils which might, or might not,
*tv er l a,ic place. But he would only observethat it
; was from preci-ely such views as they entertained,
j that the Committee of Ways arid Means Jmd been
desirou-of liuiiiing the appropriation for this A—
gency to the present year. They wished to n.ake
(he sum sosmall, ilm none of those serious evils
■ which the gentlemen apprehended could possibly
j grow oui ol it. Their desire was to appropriate
° -—umi iraunporiauon OI
! 'he negroes already captured, and such as might be
j captured during the present year. If any itrecu
! iaritlesliad taken place— and he was not prepared
! to say that they had -they probably grew out of
j the large sums heretofore appropriated. But ff
| the sum he proposed should be inserted in the bill
, they would be prevented by the necessity of the
i c.ase- was proper at this rime to enter into
this subject, he believed be coulJ shew that many
ot thee things which had been represented as a
buses, were in reality not so; but he would not
now enter upon a discussion which did not belon
to 'lie subject in hand. As .o the letter of the
8c.re.ary of ,he iVavy an<l ^e animadversions which
naJ been made upon it, he should, for ihe same
| reason, abstain from any reply. Of one thing he
was entirely sutified, and that was, if the Agency
f«r captured Africans was to continue at all, the i
.hrPJI‘>oeni« ?uld "0t Ret alon* w,,h a less sum
tnnn .^o2,000 for its support.
The quest,on was then put on Oiling this blank
with that sum, and carrier! without a division.
Mr Barney oi Aid., then moved the followin'*
amendment: °
“ For the purchase of a site for a Navy Yard in
•be port of Hal imore, and erecting suitable build
ings il.ereon, 320,000." .
In support ot the amendment, Mr. Barney ob
served that it became his duty to present it, jn
consequence of the wishes of hj. constituents, ex
pres«ed in a memorial addressed to this House by
the Cny Council of Baltimore, andfariherconfnm
cd by resolutions of the Legislature of Maryland
instructing the Senators, and requeuing the Re
presentatives, from that State, to bring the subject
before the attention of Congress. Mr. B. ihen en
tered into a long statement on the subject.
Mr. Siorrs, (Chairman of the ' oinmittee on Na
val Affairs,) hoped that the gentleman from Mary
land would consent to withdraw the amendment
which he had now offered. On the motion ot that
member, the Naval Committee had been directed
to injuire into the expediency of establishing the
navy yard in question, as well as some others
proposed by o'her gentlemen. These various
projects were now before the Committee, and
um.er consideration. In relation to this, as well*
as some of the other propositions, the Committee
had referred to the Navy Department for informa
tion, and he would put it to the gentleman, whe
ther i» would not be better to wait, before actin'*
on the subject, until the Committee shall have re
ported to the House. An opposite course mi<*ht
operate to injure the very object the gentlen7an
had in view; and besides Mr. 8. said, he felt some j
doubt whether the amendment was strictly in or- 1
.» 80 long as the same subject was before a Com- '
Mr. Barnoy, in consequence of this suggestion, 1
withdrew his motion for amendment.
Mr. Storrs then said that lie had been direct ed
by the Naval Commiitcc to move the following '
amendment: ” *
” For surveying the harbors of Savannah and '
Brunswick, in Georgia, and Beaufort, in South 1
Carolina $8000.” t
Mr. McLanesuggested a point of order. Hebe- 1
lieved it to be a rule of order that no subject refer
red to one of the Committees of the House, could 1
be brought into a Committee of the Whole, in the i
torni of an amendment to a bill. 1
A discussion as to the point of order was further '
prosecuted by Messrs. Powell, Dwight, S.orr-, and '
Me Bane, which resulted in Mr. Storrs’ withdraw- 1
mg the amendment. ■
Mr. Little now renewed the amendment which !
nail been offered by Mr. Barney,
Mr. Dwight of Massachusetts, rose to order 1
insisting, that as this subject was already before a 1
rommiiiee of the Mouse, and had not jet been re- !
ported on by that committee, it was not in Older !
0 *n,rod’Jce the same subject in tho form of an i \
•mendment. ! I
I lie Chair decided the amendment to be in order I a
rom which decision Mr. Dwight appealed. ’ *
On this appeal a discussion arose, which occupied c
lie Mouse for nearly an hour. *
1 he decision ol t.'ie Chair was opposed by r
Messrs Dwight, McDuffie, Mallary, McCoy, and 8
.'amphell; and advocated by Messrs. Little, Bas- ll
ett, Forsyth and f’oolr. h
1 lie Speaker closed this debate by expressing it s
is his opinion, that the decision of the Chsir wa« r
n correct. The principles of order did not admit C
d the same subject being referred for consideration 0
t the name time to different committees. If it were
o relerred, the report of one committee might be **
nade, and the decision of the House taken on it, 11
ud then the report of another (pcihaps of an ad- s
■erse tenure.) would come in, and a new decision U
lust again be had, and so on as often as tho report
if any committee shoulJ be received. The com
aittee of the whole was but a committee of the
Iouse, though a large one, and before any subject '
ould be discussed in this committer, which had d
iceri referred to any other committee of the House "
he committee which had charge of it mu.f first be
ischargad from its consideration, As this subjec I
now before the Committee on Naval AfB.rs | *
t)on » memorial from Br.&more, if gcntJeme . I
tished to bring it into c rmmtttee of the whole i
icy must first move, ic discharge the ?<’aval Com- 1
littec. * ** 4 ! I 1
il*- though sliil retaining Lie origiaal \
v-^ggpr • *
view oi the subject, contented to withdraw' hi* ptu-r- -
po*a] to amend.
Mr.CvcIctuf r«mn. nmvnl the following amend
ment, to rorue in utter tlie following iteiu 5
“ J or the pay and subsistence of the officer*,
non-commissioned otliceis, musicians, and T tfaitc. F
and washerwomen of the Maiine corps, ;* 17#,J6S,
10.’* Provided, that no brevet officer of tl»e Ufa- \
rine corpse shall receive the pay and eiuiflutnMt*
of his brevet grade, unless he b« on duty, audfaave
a command according to his brevet tank, anti tbat^
no allowance shall be made to the paymaster and
qunrieimastcr of said corps beyond thC com pens*—
tion provided by the act of Kith April, JS2G, enti
tled “ An act Authorizing an augmentation of the
Marine corps, aud lor other purposes.”
I he question being taken on Mr. Cocke**
amendment, it was iejected. » •, I .
No farther amendment being offered to this bilj,
the committee proceeded to take up the bill “ mak- '
iiij* appropriation for the Library of Congress,”
which, iuiving been read through the committee
rose and reported both bills to the House.
Mr. McCoy now moved an adjournment, which
was negatived—ayes CO, noes 79.
1 he amer.dmcntsto the Navy Appropriation biJJ,
made iii committee of tiro whole, were then rent
and agreed to in the Iiou»e, and bills were ordered
to be engrossed for a third reading.
Mr. McDuffie gave notice that he would, on to
morrow, call up the consideration of the lesolu—•
tion* he hsd submitted, at an early period of the
present session, proposing-an amendment to '.he
Constitution, in that part of it which relates to the
elevtion of . President and Vice President of
the United State*. \
And then the House adjourned.
Congress Proceedings of Wednesday.
In Tiiu Senate.—The bill for the Sui-vey ot'
a route lor a Canal across the Peninsula of Florida
lmd its third reading, passed, and was sent to the’
House of Representative*. While the bill was un
der discussion. Mr. Kane of Illinois, made a few
pertinent observations on tho subject, contending
that the object of the bill was the protection of
commerce rather than u measure of internal im
provement. He asked,'if (he trade and cnuinieice of
the country \Vas to be protected bv this canal to M
greater extent than by lining the cost of the Missis
sippi and of 1* torida with fortifications, and at a
cheaper rale, would it be requisite to gain the con
sent ol the States? If it were proposed to open an
internal communication merely, such assent must
first be obtained The surrey and leport would
satisly Congress whether this was calculated to
protect commerce or not, and until this were marie,
the constitutional question could not be discussed’
Almost every gentleman who took part in the
derate, admitted the great importance and utility of
the undertaking, and there was a general testimony
borne, both by the Commit.ee on lload* ami Canals
and by litose who sooke. to il„. __ . ’
ami value ol tiie communications which had been
.remitted by Mr. Wliite, the intelligent delegate,
from Honda, on this subject. °
The greater parr of the day was passed in th
consideration ot Executive business.
A message whs received from the President of1
the L. Slate., transmitting a report from the lain
Secretary of \, ar to lire late President of the U
States with documents containing information re
quested by lire House, relating to thi purchases ei
real estate in behalf of the U. S. within the territo
rial limits of any state since the 4th of July, 177b.
Ihe h it from the Senate authorising the sur
vey ol a Canal rou e from the Atlantic to the Gulf
ol Mexico, WHS read twice and referred to tLe
Committee on Roads and Canals.
I’he engrossed bill making appropriations for the
support ot the Navy oi the U. States for the year
1820, a as read a third time and passed-as was
a so the engrossed bill making appropriations for
the Library of Congress. These ar* the last of
the Annuul Appiopriatir.n Bills.
On motion of Mr. McDuffie, the orders of tl *
d<*y preceding certain resolutions offered by him
on the 9lit o. December last wero suspended, and
the House r-soived itself .mo a Committee of the
Whole on the state of tha Union, to take the,»
resolutions iuto consideration. Mr. McLane of
Delaware, was called to the Chair, and the resolu
tions were realms follow:
Resolved, iba- for the r.urpose of electing the
President apd Vice-President of the United State,
the Constitution ought to be so amended that a uni
orm system of voting by districts shall be estab
lished in all jhe Staten; a„d that the Constitution
ought to be further amended, in such manner as
will prevent the election of the aforesaid officers
from devolving upon the respective Houses of
Resolved, That a select committee be appoint
ed, with instructions to prepare and report a joint
resolution embracing the aforesaid object*. J
Mr. McDuffie then addressed the House, nm!
commanded the most unremi'ting attention' for
"early two hours; when, being fatigued, he cou
lenifed to suspend his argument, <hat a motion
night he made for the committee to rit#e. The
committee rose accordingly, and obtained leave to
•it again; and the Houne adjourned.
[-tf/ex. Phenix Gaz.
[From the A«< lutelligcnrrr.]
Mr. McDuffie took the floor, and addressed the
. hair; at large, in favor of his proposition. HI*
speech will be reported fully hereafler, and for
he present, the general course of hiaargurnent on
y is stated. After a few preliminary obvervations,
ic adverted to the circumstances under which the
Jonstitution had been framed, and passed a dc
erved tilllof'ilfm rm tl.n »__ it
incl talents ol the Convention who framed it. Ho
hen remarked on the happy result* which had fol
owed; but thought that experience had shown
hai the Convention had failed in that part of the
constitution whieh relates to the Executive Depert
nent. On this subject, he comei.dcd.the provisions of
he Con-t nut ion were neither uniform nor perma
lent- each State being allowed to choose electors
n such manner as it thinks most expedient, and
>emg at liberty to change the mode of choice as
»ftcn as it likes. He illustrated the injustice and
nequality which resulted from some States votinc
>y districts, Mothers by general ticket. He insisted
>n the necessity of the rule’s being made uiufofm
d over the Union. He inveighedagainsttheperni
:iou* effects inseperable from an election bv a gen- ''
ral ticket, as going to annihilate the voice of the
najoriry; to throw all the power of the Stalls
nto the hands of a few fa’rigiiers; and as open
ing, in some cases, to defeat the wishes of the
laiion, by causing a minority to decide the elec
ton ol a President. He took the ground that the ,
legislatures of the States had, from the beginning.
*“•’ Bu,l,y ol n«.irp .lion in appointing electors of
resident ; and insisted that they ought to stand by
* sentinels, watching against encroachment* by the
ici.erai Government, but not to interfere in the
.ertion st all, lie repelled the argument derived
it favor of the general tieket system from State
ghts -which he said were, by a delusion, suppe
tti to bo maintained, by the general ticket system.
> the actual sacrifice of the right* of the People of
te States. He combatted the ides of the (nitric'
|,»tem leading to consolidation, insisting that by
tmoving the election still farther from the influ
nec of the General Govcrnufont, it had a directly
pposite tendency. 3
M. McD. was proceeding In his argument, when
being pant three o’clock, Mr. Saunders moved
tat the committee rise. The motion prevailed;
id the committee rose, and, having obtained
iavo to sit again.
1 he House adjourned.
We regret to learn by our latest advices from
r arhin&ton City, that Mr. Cca v was so much In
posed as to be confined to his room, and unable
> attend to his public duties.— [PAt7. Pres*.
A Halifax paper, of the 28th ult,,contains an
•fficial notice of the opening of the port to Am*-r
nns a* heretofore [JV. Y. Met Jldr.
lit. MiK.cnltrr snh« in ■st<li*r Vpair ./,hi1, „
L brulie (JAUHIAUK UOMSEd. „m £pr,r*^ ]•
*' u'. :t vrtr CstiIt* CityOowthot e

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