especially on the subject of slavery, the slave trade, and the abolition of slavery; and as it is an undoubted truth, that upon all subjects on which legislative bodies can act, petitions may be presented, and it seems equally clear that every intelligent human being who is subject to this action ouglit to enjoy the right to its fullest extent: Resolved, therefore, That as the people of the United States, or certain portions of them, claim to have an undeniable right to petition Congress to abolish slavery in the District of Columbia; to suppress the slave trade therein, and between the different States and Territories of the United States, or between any of the States and the Republic of Texas, and against the admission of any new State into the Union whose constitution permits or tolerates slavery, in as full, free, and ample manner as they can exercise this right on any other subject; it is, therefore, expedient, that all petitions on the aforesaid subject, or any of them, presented to Congress, by any portion of the people of the United States, be referred to the Committee on the Judiciary; which committee is instructed to inquire and report to the Senate their opinion on the following points: First: Whether the people of the United States, or any portion of them, have an indisputable right to petition Congress on the subjects, or any of them, mentioned in the foregoing resolution? Second: Whether Congress possesses the power to abolish slavery in the District of Columbia? Third Whether Congress have power to prohibit the existence of slavery in the Territories of the United States? Fourth Whether Congress have power to create, introduce, or establish slavery in any Territory acquired by the United States, in which slavery did not exist at the time the United States became possessed thereof? Fifth Whether Congress have the power, and ought to restrain or abridge any constitutional right of the citizens, because the exercise of such right may tend, by calling in question the justice and policy of slavery, to weaken or abolish that system in any of the States? Sixth Whether Congress, in any case, can, either directly or indirectly, constitutionally restrain or abridge the freedom of speech, or the press, or the right of petition? Seventh Whether Congress have power to provide for the safety and protection of persons and property of the citizens of one State, from violence and injury being done such citizen, or his property, when in another State; and, also, to protect the citizens of any State, who think proper within their own State to speak, write, print, and publish their opinions against the political, moral, or religious institutions of another State, from trial and punishment in the State whose institutions such speaking, writing, printing, and publishing was designed to affect? Eighth Whether Congress have power to declare what shall or shall not be made property by any of the States? Ninth Whether Congress have power to authorize the sale of slaves as property, to discharge a judgment in favor of the United States? Tenth: Whether a removal of the seat of Government into a State in which slavery does not exist would not be expedient, consistent with sound. policy, and promote the quiet, safety, and interests of the country? Resolved, further, That as Congress has no power over the persons of slaves as property, in any State, or the subject of slavery therein, a re cession of the District of Columbia to the States of Virginia and Maryland ought to be made, to prevent or take away the exercise of such powers in the ten miles square. Resolved, further, That it belongs exclusively to the States in this Union to provide that a person who may be held to service or labor in one State under the laws thereof, and who shall escape into another State, shall be delivered up by such State to the party to whom such service or labor may be due, and that the States as parties to the compact of Union are in good faith bound to make such provision. Resolved, That Congress have not the power to authorize or permit a person to take into, or hold as property in any State, that which the constitution and laws of such State declare shall not be held as property therein; that the citizens of each State ought to be protected in the several States in the enjoyment of all privileges and iminunities that citizens of the State are entitled to, and to none other. Resolved, That it would be expedient and proper for Congress to ascertain the number of slaves in the District of Columbia, the extent of the slave trade carried on therein and from the District, and whether such slaves are purchased in the District, or brought within the same from the States for exportation, and how many have been taken from the District within the last two years for sale, and to what market they were taken, whether within or without the United States. Mr. Linn submitted the following motion; which was considered, by unanimous consent, and agreed to: Resolved, That the Committte on Military Affairs be instructed to inquire into the expediency of making an appropriation to construct a national armory in the west. The Senate resumed the consideration of the report of the Committee on Pensions on the petition of the widow of Alexander R. Thompson; and Ordered, That the petitioner have leave to withdraw her petition and papers. The Senate proceeded to consider the report of the Committee on Pensions on the petition of John Phinney; and, in concurrence there with, Resolved, That the prayer of the petition ought not to be granted. The following bills were severally read a third time: H. R. 893. An act making appropriations for the payment of the revolutionary and other pensioners of the United States for the year 1839;" H. R. 1092. "An act to provide for the location and temporary support of the Seminole Indians removed from Florida." Resolved, That the said bills pass. Ordered, That the Secretary notify the House of Representatives accordingly. The bill (S. 83) for the relief of Joseph Paxton was read the second time, and considered, as in Committee of the Whole; and no amendment being made thereto, it was reported to the Senate. On the question, "Shall this bill be engrossed, and read a third time?" It was determined in the negative. So the bill was rejected. On motion by Mr. Bayard, To reconsider the vote of yesterday on the passage of the bill (S. 231) for the relief of the legal representative of John J. Bulow, jr., deceased, It was determined in the affirmative, { Xeas 23 21. On motion by Mr. Sevier, The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are, Messrs. Allen, Brown, Buchanan, Cuthbert, King, Knight, Lumpkin, McKean, Morris, Nicholas, Niles, Norvell, Rives, Ronne, Robinson, Ruggles, Smith, of Connecticut, Smith, of Indiana, Swift, Wall, White, Williams, of Maine, Wright. Those who voted in the negative are, Messrs. Bayard, Benton, Calhoun, Clay, of Alabama, Clay, of Kentucky, Crittenden, Foster, Fulton, Hubbard, Linn, Mouton, Prentiss, Preston, Robbins, Sevier, Spence, Strange, Tallmadge, Webster, Williams, of Mississippi, Young. So the vote on the passage of the bill was reconsidered. Mr. Wright submitted the following motion; which was read, and ordered to be printed: Resolved, That the bill before the Senate, entitled "An act for the relief of the legal representative of John J. Bulow, jr., deceased," and all other bills before the Senate, providing for the payment of claims of sufferers by the late Indian wars in the Territory of Florida, and in the States of Tennessee, Georgia, and Alabama, be recommitted to the Committee of Claims, with instructions that the committee examine and report to the Senate whether facts are before the committee or the body, upon which a judgment can be formed as to the extent and character of the claims for indemnity to grow out of these wars; of the extent of those claims which will be embraced within the principles of the bills already reported for the action of the Senate; and, if so, to report further a general bill in conformity with the principles which they shall suppose ought to be adopted for the settlement of those claims; the facts and testimony upon which their conclusions are founded; and the amount of claims to be embraced within the legislation they may propose. The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 160) to provide for the armed occupation and settlement of that part of Florida which is now overrun and infested by marauding bands of hostile Indians; and having been amended, On motion by Mr. Preston, That the further consideration of the bill be postponed indefinitely, On motion by Mr. Benton, Nays Yeas 23, 19. The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are, Messrs. Bayard, Clay, of Kentucky, Crittenden, Davis, Foster, Knight, McKean, Merrick, Morris, Prentiss, Preston, Rives, Robbins, Robinson, Ruggles, Smith, of Indiana, Spence, Strange, Swift, Tallmadge, Webster, White, Young. Those who voted in the negative are, Messrs. Allen, Benton, Buchanan, Calhoun, Clay, of Alabama, Cuthbert, It was agreed to reconsider the last mentioned vote; and, . Ordered, That the bill lie on the table. The Senate resumed, as in Committee of the Whole, the bill (S. 176) to grant to the State of Indiana a quantity of land to aid in the construction of a railroad from New Albany, in the State of Indiana, to Mount Carmel, in the State of Illinois; and, On motion by Mr. Young, Ordered, That the further consideration of the bill be postponed to, and made the order of the day for, to-morrow. The Senate proceeded to consider, as in Committee of the Whale, the bill (S. 63) granting to the State of Illinois the right of way through the public lands of the United States, and for other purposes; together with the amendment reported thereto; and having been amended, it was reported to the Senate, and the amendment was concurred in. Ordered, That this bill be engrossed, and read a third time. The Senate proceeded to consider, as in Committee of the Whole, the following bills: S. 12. Bill to establish a pension agency at Montpelier, in the State of Vermont; S. 55. Bill to regulate the pay of masters in the navy; S. 62. Bill for the benefit of the Selma and Tennessee Railroad Company; S. 74. Bill for the relief of Ephraim Sprague; S. 84. Bill for the relief of Captain Snodgrass's company of Alabama volunteers; and no amendment being made thereto, they were severally reported to the Senate. Ordered, That they be engrossed, and read a third time, The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 11) for the relief of John McCloud; and no amendment being made thereto, it was reported to the Senate. On the question, "Shall this bill be engrossed, and read a third time?” It was determined in the affirmative, On motion by Mr. Prentiss, Yeas 18, . 18. The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are, Messrs. Clay, of Kentucky, Crittenden, Davis, Hubbard, Knight, Linn, Merrick, Niles, Norvell, Prentiss, Preston, Rives, Robbins, Ruggles, Swift, Tallmadge, Williams, of Maine, Young. Those who voted in the negative are, Messrs. Allen, Brown, Calhoun, Clay, of Alabama, Cuthbert, Fulton, King, Lumpkin, Mouton, Nicholas, Roane, Robinson, Smith, of Connecticut, Smith, of Indiana, Strange, White, Williams, of Mississippi, Wright. The Senate being equally divided, the Vice President determined the question in the affirmative. So it was Ordered, That this bill be engrossed, and read a third time. After the consideration of Executive business, The Senate adjourned. THURSDAY, FEBRUARY 7, 1839. Mr. McKean presented the memorial of the Board of Trade of the city of Philadelphia, praying the construction of piers at Delaware City; which was referred to the Committee on Commerce. Mr. Sevier presented the memorial of the clerks in the Office of Indian Affairs, praying that the provisions of the second section of the act of the 3d of March, 1837, allowing a per centage upon salaries to certain officers of the Government, may be extended to them; which was referred to the Committee on Indian Affairs. Mr. Sevier submitted documents in relation to the claim of Henry Funkhouser for compensation for supplies furnished, under a contract with the Government, to the emigrant Cherokee Indians; which were referred to the Committee on Indian Affairs. Mr. Young presented the petition of a number of the citizens of the State of Illinois, praying the establishment of an additional land district. Ordered, That it lie on the table. On motion by Mr. McKean, Ordered, That the documents on the files of the Senate in relation to the claim of the heirs of Benjamin Harvey, be again referred to the Committee on Revolutionary Claims, with instructions to report thereon. Mr. Ruggles submitted a document in relation to the causes of the explosions of steam boilers; which was referred to the Committee on Commerce, and ordered to be printed. Mr. Young presented two petitions from a number of the citizens of the State of Illinois, severally praying the creation of a new land district; which were referred to the Committee on Public Lands. Mr. Young presented the petition of a number of the citizens of the State of Illinois, praying an alteration in the location of the land office at Galena; which was referred to the Committee on Public Lands. Mr. Clay, of Kentucky, presented a petition of a number of the citizens of the District of Columbia, expressing their disapprobation of the repeated attempts, by persons residing in distant States, to induce Congress to legislate on the subject of domestic slavery within the District of Columbia; and declaring that any interference by others, between Congress, as the Legislature of the District, and the citizens of the District, whose rights and institutions are to be affected, is improper and injurious. The petition was read, and ordered to be printed. Mr. Lumpkin, from the Committee on Indian Affairs, to whom was referred the bill (H. R. 719) for the relief of John L. Allen, reported it without amendment. Mr. Wright, from the Committee on Finance, who were instructed, by the resolutions of the Senate of the 23d January, to inquire into the expediency of rendering null and void any act of any Territorial Legislature creating banking institutions; and into the expediency of reporting a bill to give jurisdiction to the courts of the Territories of the United States over all banking institutions in said Territories, and to enforce the acts of Congress on the subject, submitted a report; which was read and considered; and, in concurrence therewith, Resolved, That the Committee on Finance be discharged from the further consideration of the resolutions of the Senate of the 23d of January last, respecting Territorial banking institutions, and the extension of the jurisdiction of the courts over the same; and that the second of the said resolutions be referred to the Committee on the Judiciary, to consider and report thereon. Mr. Wright, from the Committee on Finance, to whom was referred the bill (H. R. 894) for the relief of Chastelin and Ponvert, reported it without amendment; and that it ought not to pass. Mr. Wright, from the Committee on Finance, to whom was referred the |