GALES & SEATON'S REGISTER OF DEBATES IN TWENTY-FIFTH CONGRESS...... FIRST SESSION. FROM SEPTEMBER 4 TO OCTOBER 16, 1837. DEBATES IN THE SENATE. In pursuance of the authority given by the constitution, | ILLINOIS--John M. Robinson, Richard M. Young. the President of the United States, on the 15th day of May, caused to be issued the proclamation which follows: BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. Whereas great and weighty matters, claiming the consideration of the Congress of the United States, form an extraordinary occasion for convening them, I do, by these presents, appoint the first Monday of September next for their meeting at the city of Washington; hereby requiring the respective Senators and Representatives then and there to assemble in Congress, in order to receive such cominunications as may then be made to them, and to consult and determine on such measures as in their wisdom may be deemed mest for the welfare of the United States. In testimony whereof, I have caused the seal of the United States [8] to be hereunto affixed, and signed the same with my hand. Done at the city of Washington, the fifteenth day of May, in By the President: JOHN FORSYTH, Secretary of State. LIST OF THE SENATORS. MAINE-John Ruggles, Reuel Williams. GEORGIA-Alfred Cuthbert, John P. King. VOL. XIV.-1 INDIANA-Oliver H. Smith, John Tipton. OHIO--William Allen, Thomas Morris. MICHIGAN-Lucius Lyon, John Norvell. MONDAY, SEPTEMBER 4, 1837. This being the day designated in the proclamation of the President of the United States for a special meeting of both Houses of Congress, the Senate assembled in the Senate Chamber at the Capitol, at the usual hour of 12 o'clock. Hon. RICHARD M. JOHNSON, Vice President of the United States, called the Senate to order at 12 o'clock, when forty-two Senators appeared in their seats. Mr. KING, of Alabama, presented the credentials of Messrs. C. C. CLAY and ROBERT STRANGE, Senators as above, who took the usual oath. Mr. RIVES presented the credentials of Mr. ROANE, Senator as above, who was also qualified. On motion of Mr. KING, of Alabama, the Secretary of the Senate was instructed to inform the House of Representatives that a quorum of the Senate was now present, and ready to proceed to business. Mr. WRIGHT moved that a committee be appointed to join a similar committee from the House, in order to wait upon the President of the United States, and inform him that Congress was assembled and ready to receive such communication as he might have to make; and the motion was agreed to. The CHAIR was, on motion of Mr. KING, of Alabama, authorized to appoint the said committee; and Mr. WRIGHT and Mr. KING, of Alabama, were appointed accordingly. On motion of Mr. LINN, the usual number of newspapers was ordered for the use of the Senators. The Senate then, on motion, proceeded to the election of the Sergeant-at-arms and Doorkeeper to the Senate; whereupon, STEPHEN HAIGHT (the late doorkeeper) was unanimously elected, at the first balloting, Sergeant-at-arms to the Senate, in room of the late Sergeant, Mr. SHACKFORD, deccased; and at the third balloting, Mr. EDWARD WYER was elected (out of many candidates) Doorkeeper in room of Mr. HAIGHT. And then the Senate adjourned. SENATE.] President's Message-Standing Committees. TUESDAY, SEPTEMBER 5. A message was received from the House of Representatives, through Mr. FRANKLIN, their Clerk, announcing to the Senate that a quorum of the House had assembled, had elected a Speaker, had concurred with the res lution of the Senate for appointing a committee to wait on the President of the United States, and had appointed a committee on their part. Mr. WRIGHT, from the joint committee appointed to inform the President of the United States that a quorum of the two Houses was assembled and ready to proceed to business, reported that the committee had performed the duty assigned them, and that the President had expressed to them his intention to communicate to the two Houses, in writing, this day at 12 o'clock. A message was accordingly received from the President of the United States, by Mr. VAN BUREN, his private secretary, and was read by the Secretary; the reading occupying about an hour and a half. (See Appendix.) Mr. WRIGHT moved the printing of 5,000 copies of the message, and 1,500 of the accompanying documents. Mr. CLAY, of Kentucky, said he rose to second the motion of the Senator from New York [Mr. WRIGHT] to print an extra number of copies of the message. He should indeed have no objection to publishing double or triple the number proposed, if it were convenient to distribute them. He had accomplished the sole purpose for which he had risen; but whilst he was up, he could not forbear saying that, after attentively listening to the reading of this message, he felt the deepest regret that the President, entertaining such views, and proposing such a plan for the relief of the country, as he had presented, had deemed it his duty to call an extra session of Congress at this inconvenient period of the year. Mr. BUCHANAN said he did not rise to express any opinion or to enter into any discussion. "Sufficient for the day," said he, "is the evil thereof." But it was his wish to increase the number of copies to be printed from five thousand to ten. He thought the former number too small for his proportion of it to satisfy the demand of his constituents. Mr. WRIGHT was ready to accept the proposition as a modification of his original motion, and did so. The question on printing ten thousand was then put and carried. On motion of Mr. GRUNDY, the Senate then adjourned. WEDNESDAY, SEPTEMBER 6. STANDING COMMITTEES. Mr. HUBBARD offered a resolution proposing an alteration in the standing rules of the Senate, and asked its consideration at this time. Mr. CLAY, of Kentucky, objecting, the resolution lies over till to-morrow. Mr. HUBBARD moved that the Senate proceed tomorrow to the appointment of the standing committees. Mr. CLAY said he should be very glad to learn from that part of the Senate which was capable of affording the information, whether it was intended to appoint all the standing committees, and for what purpose? It had been intimated in the message that those communications which were annually made, and which formed the basis and action of the standing committees generally, were at this time to be withheld until the usual period of the meeting of Congress. Indeed, we were told-and he thought without a sufficient regard to the rights, and he would add, what was of much importance in the present crisis of the country, the duties which Congress had now to perform-that he (the President) had called them together for a certain purpose; that he meant to limit his communications to that purpose, and dismiss us when we should have done. [SEPT 5, 1837. Assembled as we are, (continued Mr. C.,) we have a right to look to the interests of the whole country-to the interests of all; and, for one, I must say that, although no man has come here with more reluctance than I have done, and no man here will return to his private pursuits with more pleasure and satisfaction than I shall do, yet when I regard the present general, unhappy, distressed, and embarrassed condition of the country, I should be more reluctant, whatever may have been the purposes of the Presi dent, or anybody else, to return home, until I see some broad, comprehensive, effectual plan proposed for the relief of the country. But, sir, I have risen to inquire what is the design, what is the purpose, of appointing all the standing committees, if we are limited to one single object, and which, according to the language of the message, we are called here to deliberate upon? We know nothing of our foreign affairs; we know nothing concerning the question of the northeastern boundary; we know nothing in regard to Texas. Then what are the purposes to be answered by appointing the Committee on Foreign Relations? All that I desire is to have light on the subject-to learn, if it be possible, the views and purposes of those into whose hands are confiled the intentions of the administration, why all these committees should be appointed. But The Mr. HUBBARD remarked that he regretted as deeply as the Senator from Kentucky could the existence of any cause which had made it necessary for the President to assemble Congress at this time; and he was quite sure that he bad left his home with as much reluctance to perform his duty hero, as that Senator, or as any other Senator. Congress were now assembled; both Houses had been organized in the usual manner, and communications had been interchanged that the two Houses were now ready to proceed in the transaction of the public business; and, after such a meeting, what was it proper for the Senate to do? By the 33d rule, it was made their duty at the commencement of each session to appoint their standing committees. This was the law, and it had been the invariable practice of the Senate. And was there any less obligation, any less propriety, or any less importance for the Senate to appoint its usual standing committees at an extra session, than there was at an ordinary session of Congress? He did not so consider the matter. The rule itself was imperative. course of proceeding was to his mind plain, and he had offered the resolution in accordance with his sense of duty. He was well aware, with the Senator from Kentucky, that the President had, in his public message which had been communicated to Congress, alluded mainly to but one subject, and what seemed to him to be necessarily connected therewith; and he was free to admit that that was a subject of deep and abiding importance to the interests of our whole country. But does the Senator know that the President may not, by special message during the present session, communicate to Congress other and different subjects? Certain the fact is, that the people themselves are not precluded by the message from coming here with their memorials. They have a right to present here their petitions; and would it be wise or proper for the Senate to refuse to hear, consider, and dispose of these matters in the usual manner, because this happened to be an extra session of Congress, called by the President for a particular and avowed purpose? He thought not. This session of Congress having commenced, he had offered to the Senate the resolution for the appointment of the usual committees, as the best and most legitimate mode for the disposal of the public and private business which may be presented for its consideration. He could not doubt that the great and absorbing subject referred to in the President's message would engage the unremitted attention, and would command the most faithful service of the Senate; but the allimportance of that subject, and the fact of its being exclu sively considered in the message, was to his mind no sufficient reason against the appointment of the standing committees. The consideration of that subject would be, and should be, the main business of the present session. He could not believe that the appointment of the committees would necessarily protract the session. After the completion of the business which had summoned Congress together, Congress would adjourn. He was as anxious as any man could be to bring this session to a speedy close, to finish the work proper to be done; and he felt assured that, by exerting their best efforts, Congress would be able at this session to accomplish some measure which would, in effect, restore confidence, and give relief to the community. He was as desirous as the Senator from Kentucky, or as any other Senator could be, to have this done, and done speedily. He had, therefore, thus early introduced the resolution for the appointment of the committees. He hoped to see this a short but a business session. It seemed to him that every consideration of policy and of duty should induce the Senate at this time to make the appointment of their committees. He hoped, therefore, that his motion would be adopted. The motion was agreed to. On motion of Mr. WALKER, the Senate adjourned. THURSDAY, SEPTEMBER 7. The resolution offered yesterday by Mr. HOBBARD, porposing to amend the 33d rule of the Senate, by the insertion of the words "Committee on Patents and the Patent Office," was, on his motion, taken up. Mr. GRUNDY stated that the reasons which had influenced the mover of the amendment were to provide for the appointment of a committee to have especial charge of every thing relating to patents and the Patent Office; for neither branch of Congress had ever appointed a committee solely for that purpose. In the Senate, every thing connected with the subject had heretofore been referred to the Committee on the Judiciary. That committee, however, being almost always engaged with subjects of its own of importance, had frequently found it impossible to pay that attention to others which they deserved; and hence the necessity of creating a committee to take especial charge of all matters in relation to patents and the Patent Office. He hoped that the amendment would be adopted. The question was then taken on the adoption of the resolution, and it was agreed to. Mr. BUCHANAN presented a memorial from certain delegates of a meeting held at Erie, praying for an appropriation to construct a McAdamized turnpike road from the Cumberland road to lake Erie. Mr. B. observed that he did not believe that it was the intention of Congress, at this time, to go into the general transaction of business. Should it be their disposition to do so, (which he trusted might not be the case,) he would ask to have the memorial referred to an appropriate committee. However, as he had received the memorial, it was his duty to present it. He then moved that it be laid on the table and printed; which was agreed to. On motion of Mr. HUBBARD, the Senate then proceeded to ballot for the chairmen of the several standing committecs. After the balloting had been some time proceeded in, Mr. CLAY, of Kentucky, said that, as the complexion of the Senate was well known, he thought this waste of time might be avoided by leaving it, on the present occasion, as had been the practice at some times formerly, to the VICE PRESIDENT to appoint the committees. After some conversation, in which Mr. GRUNDY, Mr. KING, of Alabama, and Mr. HUBBARD, participated, Mr. CLAY's proposition was agreed to without dissent; and by general consent the VICE PRESIDENT was authorized to [SENATE. appoint the several committees, and time for this purpose given till to-morrow. Mr. WRIGHT moved that three thousand extra copies of the report of the Secretary of the Treasury, transmitted with the message of the President of the United States, be printed in lieu of the number first ordered. Agreed to. The Senate then, on motion of Mr. KING, of Alabama, went into secret session on executive business; after which, on the doors being opened, the Senate adjourned. FRIDAY, SEPTEMBER 8. The CHAIR announced that, in pursuance of the authority vested in him yesterday by the Senate, he had appointed the following members of the various standing committees of the Senate: On Foreign Relations.-Mr. Buchanan, chairman, Mr. Tallmadge, Mr. King, of Georgia, Mr. Clay, of Kentucky, Mr. Rives. On Finance.-Mr. Wright, chairman, Mr. Webster, Mr. Nicholas, Mr. Benton, Mr. Hubbard. On Commerce.-Mr. King, of Alabama, chairman, Mr. Davis, Mr. Brown, Mr. Ruggles, Mr. Norvell. On Manufactures.-Mr. Niles, chairman, Mr. Buchanan, Mr. Preston, Mr. Strange, Mr. Pierce. On Agriculture.-Mr. Smith, of Connecticut, chairman, Mr. Spence, Mr. Linn, Mr. McKean, Mr. Black. On Military Affairs.-Mr. Benton, chairman, Mr. On the Militia.-Mr. Wall, chairman, Mr. Swift, Mr On Public Lands.-Mr. Walker, chairman, Mr. Ful On Claims.-Mr. Hubbard, chairman, Mr. Tipton, Mr. On Revolutionary Claims.—Mr. Brown, chairman, Mr. White, Mr. Crittenden, Mr. Norvell, Mr. Smith, of Con. On the Judiciary.-Mr. Grundy, chairman, Mr. Morris, Mr. King, of Georgia, Mr. Wall, Mr. Clayton. On the Post Office and Post Roads.-Mr. Robinson, chairman, Mr. Grundy, Mr. Knight, Mr. Brown, Mr. Niles. On Roads and Canals.-Mr. Tipton, chuirman, Mr. McKean, Mr. Nicholas, Mr. Young, Mr. Williams. On Pensions.-Mr. Morris, chairman, Mr. Sevier, Mr. Prentiss, Mr. Pierce, Mr. Roane. On the District of Columbia.-Mr. Kent, chairman, Mr. King, of Ala., Mr. Nicholas, Mr. Roane, Mr. Allen. On Patents and the Patent Office.-Mr. Ruggles, chairman, Mr. Strange, Mr. Bayard, Mr. Prentiss, Mr. Robinson. On the Contingent Expenses of the Senate.-Mr. McKean, chairman, Mr. Fulton, Mr. Black. On Engrossed Bills.-Mr. Clay, of Ala., Mr. Smith, of Indiana, Mr. Norvell. On Enrolled Bills.-Mr. Smith, of Con., Mr. Lyon, Mr. Allen. On motion of Mr. WRIGHT, so much of the message of the President and of the Secretary of the Treasury's report as relates to the subject of finance, was referred to the Committee on Finance. And, on motion of Mr. GRUNDY, the appropriate parts of the same documents were referred to the Committee on the Judiciary. On motion of Mr. GRUNDY, it was Resolved, That when the Senate adjourn, it adjourn to meet on Monday next. After executive business, the Senate adjourned till Monday. SENATE.] Report of Committee on Finance-District Courts. MONDAY, SEPTEMBER 11. The CHAIR stated the order of the day to be the election of a Secretary of the Senate; whereupon, the Senate proceeded to ballot for Secretary, and at the first ballot ASBURY DICKINS, Esq. received 39 votes out of 40, and was declared duly elected. On motion of Mr. GRUNDY, the Senate then proceeded to the election of Chaplain; when, after four ballotings, the number of candidates being twenty-one, the Rev. Mr. SLICER, of the Methodist Church, Georgetown, received a majority of the votes, and was declared duly elected. REPORT FROM THE COMMITTEE ON FINANCE. Mr. WRIGHT, chairman of the Committee on Finance, to which was referred that part of the message of the President of the United States relating to the distribution of the surplus revenue, and other matters, reported a bill for the postponement of the fourth instalment of the deposite to the States till further provision therefor by law. The following is the bill: A bill to postpone the fourth instalment of deposite with the States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the transfer of the fourth instalment of deposites directed to be made with the States under the thirteenth section of the act of June 23d, 1836, be, and the same is hereby, postponed until further provision by law. Mr. WRIGHT said that, as the time the committee had was but short, he should now merely report the above bill, which he would move to be read a first time, and ordered to a second reading, with a view to take it up to-morrow; when he expected the committee would be able to report further. Mr. CALHOUN said he hoped this bill would not be pressed so rapidly. It was due to the Senate to have the whole subject before them, and he therefore hoped that this bill would be suffered to rest until it should be seen what other measures the committee might propose. Mr. WEBSTER said he rose to express a wish that, whether the measures proposed were to be considered separately, or whether they were to be considered all together, they might be considered and decided upon with all the promptness and despatch consistent with considerate legislation. It was not his good fortune to concur with the .committee, nor did he think the measure suited to the exigencies and condition of the country; but, whatever measure might be introduced here for the purpose of meeting the existing exigency of the Government, and the wide distress of the country, should receive no hindrance, obstruc tion, or delay from him. Mr. W. would content himself with a short statement of his views, when the measure came up; and he should leave it in the hands of the majority known to be favorable to the existing administration, both in the Senate and in the House; but he would beseech those majorities to pronounce their judgment in form of law. They have the power, and they have the responsibility also. I (said Mr. W.) shall do nothing to obstruct them in the prompt exercise of their power; nor will I do any thing tending to diminish their responsibility. He was connected with the manufacturing and with the mercantile interest, and thought he saw oppression on the labor and industry of the country, which required relief. He saw things connected with the Government which demanded from Government an efficient as well as a prompt relief. He thought it not necessary that all these measures should be considered together; but the earlier they were considered the better. Mr. CALHOUN explained that he did not desire any delay; on the contrary, he agreed with the Senator from Massachusetts [Mr. WEBSTER] in the necessity of an early and full decision on the several points recommended. ' [SFPT. 11, 1837. The bill, as reported by Mr. WRIGHT, was then ordered to a second reading. Mr. HUBBARD presented three private petitions, and moved their reference to the Committee on Naval Affairs. Mr. CALHOUN adverted to the importance of despatching the special business now before Congress, and expressed the hope that all ordinary business would be postponed till that purpose should be accomplished. Mr. HUBBARD explained the nature of the petitions which he had presented, and remarked that they might be referred without interrupting more important business, and might be acted upon either at this, or the ensuing session of Congress. Mr. BUCHANAN said he entirely concurred with the Senators from Massachusetts and South Carolina in regard to the course which business ought to take at the pres ent session of Congress. He believed it was not expected by the country, and it would be inconvenient to both Houses of Congress, to continue this session up to the regular time for the next. If petitions should be sent to the standing committees, it would be regarded as conclusive evidence of a design to proceed to ordinary business; and if this should be done, Congress would be here till June. Mr. B. would not object to consider any special and important matters at this session, but he was in favor of postponing the ordinary business till the usual time; and in order to try what course the Senate meant to pursue, he moved to lay the petitions on the table; and it was so ordered. Mr. CLAY, of Alabama, presented the following resolution, which lies over one day : Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of restoring to the district court of the United States for the northern district of Alabama its former jurisdiction. Mr. KING, of Alabama, said he was in favor of considering special matters of moment at this session; and the subject of this resolution he considered both important and demanding to be acted upon as early as possible. It was necessary to the proper administration of justice. Mr. CLAY also offered the following resolution, which he represented as important, and yet more pressing; and he therefore asked that it might be now considered: Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of altering the time for holding the United States courts of the ninth judicial circuit. This resolution was accordingly adopted. On motion of Mr. PRESTON, the Senate adjourned. TUESDAY, SEPTEMBER 12. DISTRICT COURTS. The following resolution offered yesterday by Mr. CLAY, of Alabama, was taken up for consideration: Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of restoring to the district court of the United States for the northern district of Alabama its former jurisdiction. Mr. CLAY explained his reasons, in brief, for offering the resolution at the present time. It was a matter, it was true, of mere local consideration; yet he presumed it would not encounter objection from any quarter. The object of the change was to expedite the public business, much inconvenience and delay having resulted from the present time of holding the court. Mr. GRUNDY asked, if the change were made as proposed by the gentleman from Alabama, whether the desired object would be effected. He recollected that, some fifteen years since, an attempt was made to introduce something like a uniform system in relation to these matters. He would say, if the subject were referred, the committee would endeavor to do what was right. |