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GALES & SEATON'S

REGISTER OF DEBATES IN CONGRESS.

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, INDIANA-Oliver H. Sinith, John Tipton.
caused to be issued the proclamation which follows: OHIO--William Allen, Thomas Morris.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA,

MICHIGAN-Lucius Lyon, John Norvell.
A PROCLAMATION.
Whereas great and weighty matters, claiming the consideration of

Monday, SEPTEMBER 4, 1837. the Congress of the United States, forin an extraordinary occasion for This being the day designated in the proclamation of convening them, I do, by these presents, appoint the first Monday of September next for their meeting at the city of Washington; hereby

the President of the United States for a special meeting of requiring the respective Senators and Representatives then and there both Houses of Congress, the Senate assembled in the lo assemble in Congress, in oriler e receive such comununications as may then be made to them, and to consult and determine on such

Senate Chamber at the Capitol, at the usual hour of 12 measures as in their wisdom may be deemed muest for the welfare of

o'clock. the United States.

Hon. RICHARD M. JOHNSON, Vice President of In testi'nony whereof, I have caused the seal of the United States [L. &] to be hereunto affixed, and signed the same with my hand.

the United States, called the Senate to order at 12 o'clock, Done at the city of Washington, the fifteenth day of May, in when forty-two Senators appeared in their seats. the year of our Lord one thousand eight hundred and thirty

Mr. KING, of Alabama, presented the credentials of Saven, and of the independence of the United States the sixty-first.

M. VAN BUREN. Messrs. C. C. Clay and Robert STRANGE, Senators as By the President:

above, who took the usual oath. Joux FORSYTH, Secretary of State.

Mr. RIVES presented the credentials of Mr. Roase,

Senator as above, who was also qualified.
LIST OF THE SENATORS.

On motion of Mr. KING, of Alabama, the Secretary of MAINE-John Ruggles, Reuel Williams.

the Senate was instructed to inforin the House of RepreNEW HAMPSHIRE-Henry Hubbard, Franklin Pierce. sentatives that a quorum of the Senate was now present, MASSACHUSETTS-John Davis, Daniel Webster. and ready to proceed to business. RHODE ISLAND-Nehemiah R. Knight, Asher Robbins. Mr. WRIGHT moved that a committee be appointed to CONNECTICUT- John M. Niles, Perry Smith. join a similar committee from the House, in order to wait VERMONT-Samuel Prentiss, Benjainin Swift.

upon the President of the United States, and inform him NEW YORK-Nathaniel P. Tallinadge, Silas Wright. that Congress was assembled and ready to receive such NEW JERSEY_Samuel L. Southard, Garret D. Wall. communication as he might have to make ; and the motion PENNSYLVANIA- James Buchanan, Samuel McKean. was agreed to. DELAWARE-Rchard H. Bayard, Thomas Clayton. The Cuair was, on motion of Mr. KING, of Alabama, MARYLAND- Joseph Kent, John S. Spence.

authorized to appoint the said committee; and Mr. Wright VIRGINIA_William C. Rives, John J. Roano

and Mr. King, of Alabama, were appointed accordingly. NORTH CAROLINA-Belford Brown, Robert Strange. On motion of Mr. LINN, the usual number of newspaSOUTH CAROLINA- John C. Calhoun, Williain C. pers was ordered for the use of the Senators.

The Senate then, on motion, proceeded to the election GEORGIA-Alfred Cuthbert, John P. King.

of the Sergeant-at-arms and Doorkeeper to the Senate ; ALABAMA-Clenient C. Clay, William R. King. whereupon, STEPHEN HAvohr (the late doorkeeper) was MISSISSIPPI -John Black, Robert J. Walker.

unanimously elected, at the first balloting, Sergeant-at-arms
LOUISIANA-Alexander Mouton, Robert C. Nicholas. to the Senate, in room of the late Sergeant, Mr. SHACK-
TENNESSEE-Felix Grundy, Hugli L. White. FORD, deceased; and at the third balloting, Mr. EDWARD
KENTUCKY-Henry Clay, John J. Crittenden. Wyer was elected (out of inany candidates) Doorkeeper
IRKANSAS-William S. Fulton, Ambrose H. Sevier. in room of Mr. HAIGHT.
MISSOURI—-Thomas H. Benton, Lewis F. Linn.

And then the Senate adjourned.
Vol. XIV.-1

Preston,

SENATE.)

President's Message-Standing Commillees.

(SEPT 5, 1837.

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TUESDAY, SEPTEMBER 5.

Assembled as we are, (continued Mr. C.,) we have a A message was received from the House of Representa- right to look to the interests of the whole country—to the tives, through Mr. FRANKLIN, their Clerk, announcing to interests of all; and, for one, I must say that, although no the Senate that a quorum of the House had assembled, man has come here with more reluctance than I have done, had elected a Speaker, had concurred with the res lution and no man here will return to his private pursuits with of the Senate for appointing a committee to wait on the more pleasure and satisfaction than I shall do, yet wben I President of the United States, and bad appointed a com regard the present general, unhappy, distressed, and emmittee on their part.

barrassed condition of the country, I should be more reluctMr. WRIGHT, from the joint committee appointed to

ant, whatever may have been the purposes of the Presiinform the President of the United States that a quorum dent, or anybody else, to return home, until I see some of the two Houses was assembled and ready to proceed broad, comprehensive, effectual plan proposed for the relief to business, reported that the committee had performed the

of the country. duty assigned ihem, and that the President had expressed But, sir, I have risen to inquire what is the design, what to them his intention to communicate to the two Houses, is the purpose, of appointing all the standing committees, in writing, this day at 12 o'clock.

if we are limited to one single object, and which, according A message was accordingly received from the President to the language of the message, we are called here to de. of the United States, by Mr. Vax Burex, his private sec

liberate upon? We know nothing of our foreign affairs; retary, and was read by the Secretary; the reading occupy

we know nothing concerning the question of the northing about an hour and a half. (See Appendix.)

eastern boundary; we know nothing in regard to Texas. Mr. WRIGHT moved the printing of 5,000 copies of Then what are the purposes to be answered by appointing the message, and 1,500 of the accompanying documents.

the Committee on Foreign Relations? All that I desire is Mr. CLAY, of Kentucky, said he rose to second the

to have light on the subject to learn, if it be possible, the motion of the Senator from New York (Mr. Wright) to views and purposes of those into whose hands are confiled print an extra number of copies of the message.

the intentions of the adıninistration, why all these commitshould indeed have no objection to publishing double or

tees should be appointed. triple the number proposed, if it were convenient to dis

Mr. HUBBARD remarked that he regretted as deeply tribute them. He had accomplished the sole purpose for as the Senator from Kentucky could the existence of any which he had risen; but whilst he was up, he could not

cause which had made it necessary for the President to asforbear saying that, after attentively listening to the read semble Congress at this time; and he was quite sure that he ing of this message, he felt the deepest regret that the bad left his home with as much reluctance to perform his President, entertaining such views, and proposing such a

duty hero, as that Senator, or as any other Senator. But plan for the relief of the country, as he had presented, had Congress were now asseinbled; both Houses had been ordeemed it his duty to call an extra session of Congress at

ganized in the usual manner, and communications had been this inconvenient period of the year.

interchanged that the two Houses were now ready to preMr. BUCHANAN said he did not rise to express any ceed in the transaction of the public business; and, after such opinion or to enter into any discussion. "Sufficient for a meeting, what was it proper for the Senate to do? By the day,” said he, “is the evil thereof." But it was his the 3:34 rule, it was made their duty at the commencement wish to increase the number of copies to be printed from of each session to appoint their standing committees. This five thousand to ten. He thouglit the former number too was the law, and it had been the invariable practice of the small for his proportion of it to satisfy the demand of his Senate. And was there any less obligation, any less proconstituents.

priety, or any less importance for the Senate to appoint its Mr. WRIGHT was ready to accept the proposition as

usual standing committees at an extra session, than there a modification of his original motion, and did so.

was at an ordinary session of Congress? He did not so conThe question on printing ten thousand was then put

sider the matter. The rule itself was imperative. The and carried.

course of proceeding was to his mind plain, and he had ofOn motion of Mr. GRUNDY, the Senate then a journed.

sered the resolution in accordance with his sense of duty.

He was well aware, with the Senator from Kentucky, that WEDNESDAY, SEPTEMBER 6.

the l’resident bad, in his public message which had been

communicated to Congress, alluded mainly to but one sub. STANDING COMMITTEES.

ject, and what seemed to him to be necessarily connected Mr. HUBBARD offered a resolution proposing an al- therewith; and he was free to admit that that was a subject teration in the standing rules of the Senate, and asked ils of deep and abiding importance to the interests of our whole consideration at this time.

country. But does the Senator know that the President Mr. CLAY, of Kentucky, objecting, the resolution lies may not, by special message during the present session, over till to-morrow.

communicate to Congress other and different subjects? Mr. HUBBARD moved that the Senate proceed to Certain the fact is, that the people themselves are not premorrow to the appointment of the standing committees. cluded by the message from coming here with their me.

Mr. CLAY said he should be very glad to learn from morials. They have a right to present here their petitions; that part of the Senate which was capable of affording the and would it be wise or proper for the Senate to refuse to information, whether it was intended to appoint all the hear, consider, and dispose of these matters in the usual standing committees, and for what purpose? It had been manner, because this happened to be an extra session of intimated in the message that those communications which Congress, called by the President for a particular and were annually made, and which formed the basis and action avowed purpose? He thought not. This session of Conof the standing committees generally, were at this time to gress having commenced, he had offered to the Senate the be withheld until the usual period of the mecting of Con resolution for the appointment of the usual committees, as gress. Indeed, we were told--and he thought without a the best and most legitimate mode for the disposal of the sufficient regard to the rights, and he would add, what was public and private business which may be presented for its of much importance in the present crisis of the country, consideration. He could not doubt that the great and ab. the duties which Congress bad now to perform that he sorbing subject referred to in the President's message (the President) had called them together for a certain pur. would engage the unremitted attention, and would compose; that he meant to limit his communications to that mand the most faithful service of the Senate; but the allpurpose, and dismiss us when we should have done. importance of that subject, and the fact of its being exclu

SEPT. 7, 1837.]

Standing Committees.

(SENATE.

an,

sively considered in the message, was to his mind no suf- appoint the several committees, and time for this purpose ficient reason against the appointment of the standing com given till to-morrow. mittees. The consideration of that subject would be, and Mr. WRIGHT moved that three thousand extra copies should be, the main business of the present session. He of the report of the Secretary of the Treasury, transmitted could not believe that the appointment of the committees with the message of the President of the United States, be would necessarily protract the session. After the comple- printed in lieu of the number first ordered. Agreed to. tion of the business which had summoned Congress toge The Senate then, on motion of Mr. KING, of Alabama, ther, Congress would adjourn. He was as anxious as any went into secret session on executive business ; after which, man could be to bring this session to a speedy close, to on the doors being opened, the Senate adjourned. 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

FUDAY, SEPTEMBER 8. effect, restore confidence, and give relief to the communi The CHAIR announced that, in pursuance of the auty. He was as desirous as the Senator from Kentucky, thority vested in him yesterday by the Senate, he had apor as any other Senator could be, to have this done, and pointed the following members of the various standing done speedily. He had, therefore, thus carly introduced committees of the Senate: the resolution for the appointment of the committees. He On Foreign Relations. ---Mr. Buchanan, chairman, Mr. hoped to see this a short but a business session. It seemed | Tallmadge, Mr. King, of Georgia, Mr. Clay, of Keniucky, to him that every consideration of policy and of duty should Mr. Rives. induce the Senate at this time to make the appointment of On Finance.—Mr. Wright, chairman, Mr. Webster, their committees. He hoped, therefore, that his motion Mr. Nicholas, Mr. Benton, Mr. Hubbard. would be adopted.

On Cominerce.—Mr. King, of Alabama, chairman, Mr. The motion was agreed to.

Davis, Mr. Brown, Mr. Ruggles, Mr. Norvell. On motion of Mr. WALKER, the Senate adjourned. On Manufactures.—Mr. Niles, chairman, Mr. Buchan

Mr. Preston, Mr. Strange, Mr. Pierce.

On Agriculture.-Mr. Smith, of Connecticut, chairnian, Tucrsday, SEPTEMBER 7.

Mr. Spence, Mr. Linn, Mr. McKean, Mr. Black. The resolution offered yesterday by Mr. HOBBART), por On Military Affairs.-Mr. Benton, chairman, Mr. posing to amend the 33d rule of the Senate, by the in- Preston, Mr. Tipton, Mr. Wall, Mr. Allen. sertion of the words “ Committee on Patents and the Pat On the Militia.- Mr. Wall, chairman, Mr. Swift, Mr ent Office," was, on his motion, taken up.

Clay, of Alabama, Mr. Mouton, Mr. Smith, of Indiana. Mr. GRUNDY stated that the reasons which had in On Naval Affairs.—Mr. Rives, chairman, Mr. South. fluenced the mover of the amendment were to provide for ard, Mr. Tallmadge, Mr. Cuthbert, Mr. Williams. the appointment of a committee to have especial charge of On Public Lands. -Mr. Walker, chairman, Mr. Ful. every thing relating to patents and the Patent Ofice; for ton, Mr. Clay, of Alabania, Mr. Roane, Mr. Prentiss. neither branch of Congress had ever appointed a committee On Private Land Claims. -Mr. Linn, chairman, Mr. solely for that purpose. In the Senate, every thing con. Sevier, Mr. Bayard, Mr. Mouton, Mr. Lyon. nected with the subject had heretofore been referred to the On Indian Afairs.—Mr. White, chairman, Mr. Sevier, Committee on the Judiciary. That committee, however, Mr. l'ipton, Mr. Linn, Mr. Swift. being almost always engaged with subjects of its own of On Claims.--Mr. Hubbard, chairman, Mr. Tipton, Mr. importance, had frequently found it impossible to pay that Crittenden, Mr. Strange, Mr. Young. attention to others which they deserved; and hence the ne On Revolutionary Claims.--Mr. Brown, chairman, Mr. eessity of creating a committee to take especial charge of White, Mr. Crittenden, Mr. Norvell, Mr. Smith, of Con. all matters in relation to patents and the Paient Office. He On the Judiciary.-Mr. Grundy, chairman, Mr. Morris, hoped that the amendment would be adopted).

Mr. King, of Georgia, Mr. Wall, Mr. Clayton. The question was then taken on the adoption of the On the Post Office and Post Roads.—Mr. Robinson, resolution, and it was agreed to.

chairman, Mr. Grundy, Mr. Knight, Mr. Brown, Mr. Niles. Mr. BUCHANAN presented a memorial from certain On Roards and Canals.--Mr. Tipton, chairman, Mr. delegates of a meeting held at Erie, praying for an appro- McKean, Mr. Nicholas, Mr. Young, Mr. Williams. priation to construct a McAdamized turnpike road from the On Pensions.—Mr. Morris, chairman, Mr. Sevier, Mr. Comberland road to lake Erie.

Prentiss, Mr. Pierce, Mr. Roane. Mr. B. observed that he did not believe that it was the On the District of Columbia.- Mr. Kent, chairman, intention of Congress, at this time, to go into the general | Mr. King, of Ala., Mr. Nicholas, Mr. Roane, Mr. Allen. transaction of business. Should it be their disposition to On Patents and the Patent Office. Mr. Ruggles, chairdo so, (which he trusted might not be ihe case, ) he would man, Mr. Strange, Mr. Bayard, Mr. Prentiss, Mr. Robinson. ask to have the memorial referred to an appropriate com On the Contingent Expenses of the Senate.Mr. Mcmittee. However, as he had received the memorial, it was Kean, chairman, Mr. Fulton, Mr. Black. his duty to present it. He then moved that it be laid on the On Engrossed Bills.- Mr. Clay, of Ala., Mr. Smith, table and printed ; which was agreed to.

of Indiana, Mr. Norvell. On motion of Mr. HUBBARD, the Senate then proceed On Enrolled Bills.-Mr. Smith, of Con., Mr. Lyon, ed to ballot for the chairmen of the several standing commit. Mr. Allen.

After the balloting had been some time proceeded On motion of Mr. WRIGHT, so much of the message of in,

the President and of the Secretary of the Treasury's report Mr. CLAY, of Kentucky, said that, as the complexion as relates to the subject of finance, was referred to the of the Senate was well known, he thought this waste of Committee on Finance. time might be avoided by leaving it, on the present occa And, on motion of Mr. GRUNDY, the appropriate parts sion, as had been the practice at some times formerly, to

of the same documents were referred to the Committee on the Vice PRESIDENT to appoint the committees.

the Judiciary. After some conversation, in which Mr. GRUNDY, Mr. On motion of Mr. GRUNDY, it was KING, of Alabama, and Mr. HUBBARD, participated, Resolvei, That when the Senate adjourn, it adjourn to Mr. Clar's proposition was agreed to without dissent; and meet on Monday next. by general consent the Vice PRESIDENT wag authorized to After executive business, the Senate adjourned till Monday.

tees.

SENATE.]

Report of Committee on Finance-District Courts.

(Sept. 11, 1837.

be or

MONDAY, SEPTEMBER 11.

The bill, as reported by Mr. Wright, was then ordered The CHAIR stated the order of the day to be the elec to a second reading. tion of a Secretary of the Senate ; whereupon, the Senate Mr. HUBBARD presented three private petitions, and proceeded to ballot for Secretary, and at the first ballot moved their reference to the Committee on Naval Affairs. ASBURY Dickixs, Esq. received 39 votes out of 10, and Mr. CALHOUN adverted to the importance of dewas declared duly elected.

spatching the special business now before Congress, and On motion of Mr. GRUNDY, the Senate then proceeded expressed the hope that all ordinary business would be post• to the election of Chaplain ; when, after four ballotings, poned till that purpose should be accomplished. the number of candidates being twenty-one, the Rev. Mr.

Mr. HUBBARD explained the nature of the petitions Slicer, of the Methodist Church, Georgetown, received a which he had presented, and remarked that they might be majority of the votes, and was declared duly elected. referred without interrupting more important business, and REPORT FROM THE COMMITTEE ON FINANCE.

might be acted upon either at this, or the ensuing session

of Congress. Mr. WRIGHT, chairman of the Committee on Finance,

Mr. BUCHANAN said he entirely concurred with the to which was referred that part of the message of the Presi- Senators from Massachusetts and South Carolina in redent of the United States relating to the distribution of the gard to the course which business ought to take at the pres surplus revenue, and other matters, reported a bill for the

ent session of Congress. He believed it was not expectpostponement of the fourth instalment of the deposite to

ed by the country, and it would be inconvenient to both the States till further provision therefor by law. The fol Houses of Congress, to continue this session up to the reglowing is the bill :

ular time for the next. If petitions should be sent to the A bill to postpone the fourth instalment of deposite with standing committees, it would be regarded as conclusive the States.

evidence of a design to proceed to ordinary business; and Be it enacted by the Senate and House of Representa- if this should be done, Congress would be here till June. tives of the United States of America in Congress ussem Mr. B. would not object to consider any special and imbled, That the transfer of the fourth instalment of deposites portant matters at this session, but he was in favor of postdirected to be made with the States under the thirteenth poning the ordinary business till the usual time; and in order section of the act of June 23d, 1836, be, and the same is to try what course the Senate meant to pursue, he moved hereby, postponed until further provision by law.

to lay the petitions on the table; and it was so ordered. Mr. WRIGHT said that, as the time the committee had Mr. CLAY, of Alabama, presented the following resowas but short, he should now merely report the above bill, lution, which lies over one day: which he would move to be read a first time, and ordered Resolved, That the Committee on the Judiciary be into a second reading, with a view to take it up to-morrow; structed to inquire into the expediency of restoring to the when he expected the committee would be able to report district court of the United States for the northern district further.

of Alabama its former jurisdiction. Mr. CALHOUN said he hoped this bill would not be Mr. KING, of Alabama, said he was in favor of considpressed so rapidly. It was due to the Senate to have the ering special matters of moment at this session; and the whole subject before them, and he therefore hoped that this subject of this resolution he considered both important and bill would be suffered to rest until it should be seen what demanding to be acted upon as early as possible. It was other measures the committee might propose.

necessary to the proper administration of justice. Mr. WEBSTER said he rose to express a wish that, Mr. CLAY also offered the following resolution, which whether the measures proposed were to be considered sep- he represented as important, and yet more pressing; and arately, or whether they were to be considered all together, he therefore asked that it might be now considered: they might be considered and decided upon with all the Resolved, That the Committee on the Judiciary be inpromptness and despatch consistent with considerate legis- structed to inquire into the expediency of altering the time lation. It was not his good fortune to concur with the for holding the United States courts of the ninth judicial .committee, nor did be think the measure suited to the exi- circuit. gencies and condition of the country; but, whatever meas This resolution was accordingly adopted. ure might be introduced here for the purpose of meeting On motion of Mr. PRESTON, the Senate adjourned. the existing exigency of the Government, and the wide distress of the country, should receive no hindrance, obstruc.

Tuesday, SEPTEMBER 12. tion, or delay from him. Mr. W. would content himself with a short statement

DISTRICT COURTS. of his views, when the measure came up; and he should The following resolution offered yesterday by Mr. Clar, leave it in the hands of the majority known to be favorable of Alabama, was taken up for consideration : to the existing administration, both in the Senate and in Resolved, That the Committee on the Judiciary be inthe House; but he would beseech those majorities to pro- structed to inquire into the expediency of restoring to the nounce their judgment in form of law. They have the district court of the United States for the northern dispower, and they have the responsibility also. I (said Mr. triet of Alabama its former jurisdiction. W.) shall do nothing to obstruct them in the prompt exer Mr. CLAY explained his reasons, in brief, for offering cise of their power; nor will I do any thing tending to di. the resolution at the present time. It was a matter, it was minish their responsibility. He was connected with the true, of mere local consideration ; yet he presumed it would manufacturing and with the mercantile interest, and thought not encounter objection from any quarter. The object of he saw oppression on the labor and industry of the coun the change was to expedite the public business, much intry, which required relief. He saw things connected with convenience and delay having resulted from the present the Government which demanded from Government an ef. time of holding the court. ficient as well as a prompt relief. He thought it not ne Mr. GRUNDY asked, if the change were made as processary that all these measures should be considered togeth- posed by the gentleman from Alabama, whether the desired er; but the earlier they were considered the better.

object would be effected. He recollected that, sume fisMr. CALHOUN explained that he did not desire any teon years since, an attempt was made to introduce somedelay; on the contrary, he agreed with the Senator from thing like a uniform system in relation to these matters. Massachusetts (Mr. WEBSTER] in the necessity of an He would say, if the subject were referred, the committee early and full decision on the several points recommended. 'would endeavor to do what was right.

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