of the collectors, receivers, and treasurers, and to make a full, accurate, and faithful return to the Treasury Department of their condition. SEC. 7. And be it further enacted, That the Secretary of the Treasury shall, with as much expedition as the convenience of the public business and the safety of the public funds will permit, withdraw the balances remaining with the late and present depositories of the public moneys, and confine the safe-keeping, transfer, and disbursement of those moneys, to the depositories established by this act. SEC. 8. And be it further enacted, That, for the payment of the expenses authorized by this act, a sufficient sum be, and the same is hereby, appropriated, to be paid out of any money in the Treasury not otherwise appropriated. SEC. 9. And be it further enacted, That all officers charged by this act with the safe-keeping, transfer, and disbursement of the public money, are hereby required to keep an accurate entry of each sum received, and of the kind of money in which it is received, and of each payment or transfer, and of the kind of currency in which they are made; and that if any one of the said officers shalt convert to his own use, in any way whatsoever, or shall use by way of investment in any kind of property or merchandise, or shall loan with or without interest, any portion of the public moneys intrusted to him for safe-keeping, disbursement, transfer, or for any other purpose, every such act shall be deemed and adjudged to be an embezzlement of so much of the said moneys as shall be thus taken, converted, invested, used, or loaned, which is hereby declared to be a high misdemeanor; and any officer or person convicted thereof before any court of the United States of competent jurisdiction; shall be sentenced to imprisonment for a term of not less than two, nor more than five, years, and to a fine equal to the amount of the money embezzled. Sec. 10. And be it further enacted, That, from and after the thirty-first day of December, eighteen hundred and thirty-eight, the resolution of eighteen hundred and sixteen, authorizing the receiving of notes of specie paying banks in dues to the Government, shall be so repealed that only three-fourths of the amount due to the Government, for duties, taxes, sales of public lands, or othes debts, may be received in the notes of specie paying banks; and that, from and after the thirty-first day of December, eighteen hundred and thirty-nine, one-half may be so received; and, from and after the thirty-first day of December, eighteen hundred and forty, onefourth: Provided, That the notes of no bank shall be received which shall refuse to receive in payment and deposite, at par with gold and silver, such Treasury notes or bills as Congress shall authorize to be received, by law, in the public dues: Provided further, That no bank note of a less denomination than ten dollars, or which note shall not be payable when issued, shall be receivable into the Treasury of the United States; and, from and after the thirty-first day of December, eighteen hundred and forty-one, all sums due for duties, sales of public lands, or other debts to the Government, and all payments to the General Post Office, shall be paid in gold and silver coin only, or in such notes, bills, or paper, issued under the authority of the United States, as may be directed to be received by law; and, from and after the said thirtyfirst day of December, in the year eighteen hundred and forty-one, every officer or agent engaged in making disbursements cn account of the United States, or of the General Post Office, shall make all payments in gold and silver coin only, or in such notes, bills, or paper, issued as aforesaid, when authorized by law; and any receiving or disbursing officer or agent, who shall neglect, evade, or violate the provisions of this section, shall be dismissed the service, and shall forfeit all compensation which may then be due him. SEC. 11. And be it further enacted, That it shall be the duty of the Secretary of the Treasury to pre MONDAY, OCTOBER 16, 1837. -WEEKLY. scribe regulations to enforce the speedy presentation of all Government drafts for payment, at the places where payable, and to prescribe the times, according to the different distances of the depositories, within which they shall be presented for payment; and in default of such presentation, to prescribe any other mode and place of payment which he may deem proper. The CHAIR presented a report from the War Department from the president of the board of officers appointed to examine certain new inventions in fire arms: laid on the table, and ordered to be printed. On motion of Mr. CLAY of Alabama, HOUSE OF REPRESENTATIVES, Mr. EVANS of Maine obtained leave of absence from and after Monday next. Petitions and memorials were presented by Mr. MAXWELL of New Jersey. A memorial of the inhabitants of the town of Concord, county of Essex, State of Vermont, against the annexation of Texas to the Union. A memorial of S. A. Chandler and thirty-three others, of Peacham, county of Caledonia, Vermont, against the annexation of Texas. A remonstrance of one hundred and forty-one women, of Berlin, county of Washington, State of Vermont, against the annexation of Texas to the United States. A remonstrance of Joseph Flagg and thirty-three others, inhabitants of Wheelock, Vermont, against the admission of Texas. A remonstrance of ninety-two women, of Warren, Washington county, State of Vermont, against the annexation of Texas to the Union. A remonstrance of L. P. Parks, of Barnet, Vermont, and fifteen others, against the admission of Texas to the Union. A petition of S. A. Chandler and thirty-three others, of Peacham, county of Caledonia, Vrmont, for the abolition of the slave trade in the District of Columbia. A petition of ninety-two women, of Warren, Washington county, Vermont, for the abolition of the slave trade in the District of Columbia. A petition of the inhabitants of Concord, county Essex, Vermont, for the abolition of slavery in the District of Columbia. A petition of one hundred and forty-one women, of Berlin, Washington county, Vermont, for the immediate abolition of slavery and the slave trade in the District of Columbia. A petition of one hundred and fifty-six women, of Waitsfield, Washington county, Vermont, for the immediate abolition of slavery in the District of Columbia.] Messrs. ADAMS and PARMENTER, of Massachusetts. [Mr. PARMENTER presented the petition of Geo. W. Story and 78 others, of Carlisle, and Ezra Ripley and 127 others, of Concord, both of the county of Middlesex, Massachusetts, against the annexation of Texas to the American Union.] Mr. DAVEE of Maine. MISSISSIPPI ELECTION. The House then proceeded to the consideration of the business of the morning hour, being the report of the Committee of Elections, which was accompanied by the following resolution : Resolved, That Samuel J. Gohlson and John F. H. Claiborne are duly elected members of the twenty-fifth Congress, and as such are entitled to take their seats. The question pending was the motion of Mr. MAURY to strike out all after the word " resolved," VOLUME 5...........No. 7. PRICE $2, FIRST TWO SESSIONS. and insert," that Samuel J. Gholson and John F. H. Claiborne, not being duly elected members of the House of Representatives of the twenty-fifth Congress of the United States, are not entitled to seats on this floor as such." Mr. HAYNES said that, until particular circumstances had called his attention to the subject of discussion yesterday, he had not intended to participate in it. But, as his own views had not been presented by any one, he would offer them very briefly to the House. In the various definitions which had been given of the term vacancy, and the circumstances which could produce it, he thought gentlemen had confined themselves to a too nice and rigid technicality. To enable us to arrive at a just conclusion, it is necessary to consider the purpose of the Federal Convention in organizing the Congress of the United States. What, then, was that purpose? It was to create a perpetuity in the office of each. He then placed himself on the ground, and announced the proposition, which he was sure no one could controvert, that the representative office is a perpetual office in the plain contemplation and meaning of the Constitution. If he was correct in his position-and he believed it to be impregnable-it follows, as a necessary consequence, that there should be perpetual succession in that office. Gentlemen had discussed the meaning of the term casualty, in reference to a vacancy, with, as he believed, the same eonfined and erroneous notion of it which they had applied to the term vacancy. They seemed to consider it as only applicable to the act of the incumbent of an office, or the providence of God in removing him from it, when its fair and legitimate import made it equally applicable to the party possessing the power and the right to fill such office. If the representative office is perpetual, and if it implies perpetual succession, there is no further difficulty in the present case. The inevitable consequence must that, be whenever the rppeetuity of succession is broken, no matter whether it be occasioned by the individual who previously filled the office, or by the negligence or otherwise of the constituent holding the power of appointment in his hands, there results a vacancy. And in carrying out our inquiry, it is proper to look back to the period when the Constitution went into operation. The representative office is for the term of two years; and in setting the new system in motion, its operation commenced on the fourth of March, 1789; thus fixing the time from which the constitutional period is to be estimated. All the elections to Congress were computed in anticipation of it; and on that day, or near to it, was the first session of Congress under our present organization commenced. He said the views he had presented received confirmation from the fact, that at the present time a majority of the States which formed the Constitution, consisting of Massachusetts, New York, New Jersey, Pennsylvania, Delaware, South Carolina, and Georgia, and the States of Maine and Vermont, since formed of a portion of them, and sending here a large majority of representatives from the original thirteen States-a majority of one hundred and eighteen to fifty-five-keep up a perpetual succession in this House. But to show the mischievous operation of a different doctrine, it would be sufficient to state, that there was an actual House of Representatives existing on the 4th of March last, by the previous election of at least one hundred and forty members, constituting a constitutional quorum for the transaction of business. Suppose some great national contingency had then made it the duty of the President to convene Congress at the earliest practicable period? There was a constitutional quorum for business in existence, and no one can deny the constitutional power of the Executive, under the emergency supposed, to call them together. But although a quorum might have been so convened, a majority of the States would have been unrepresented fo months, according to the doctrine contended for, that no such vacancy existed as authorized the exercise of Executive authority to fill it according to the provisions of the Constitution. And here gentlemen had mistaken the true point, by presuming that all which ought to have been done, either by the Legislatures of the respective States or the Congress, had been done in this matter. But how stands the case? If the representative office is perpetual, and if that perpetuity implies, as it most unquestionably does imply, perpetual succession, it follows, as a consequence, that neither the one nor the other has come up to the intention of the Constitution, so far as the States which have postponed their Congressional election beyond the commencement of the term are concerned. If, then, by the negligence of those States, and of Congress, the perpetuity of succession has been broken, how can that deprive the Governor of his constitutional right, or excuse him from his high Constitutional obligation, to see that the vacancy shall be filled? There is certainly no conflict between the rights of the States or of Congress on the one hand, and the Governor On the other. under this view of the subject. It was made the duty of the States, and in default of it, of Congress, to keep up a constant succession in the representative body. And in the failure of either to do so, the right and the duty of the Governor of a State requires of him to supply the omission. Nor is this view derogatory to the rights of the people, but in support and affirmance of them. In the case already supposed, of a convention of Congress at the commencement of the constitutional term, according to the doctrine advanced by those who oppose the regularity of the Mississippi election, nearly two-thirds of the States would have been unrepresented for months, and their constituents unheard in this body. But, upon the doctrine advanced by him, Mr. H. said the omission of the State legislatures and of Congress would be supplied, and every State represented in this House as it should be, without the least possible delay. But he would go one step farther with his argument, and say, that as the representative office is perpetual, and as that implies perpetual succession, if the State legislature and Congress shall so leave it, that on the 4th of March, corresponding with the biennial commencement of the representative term in this House, any State shall be unrepresented, a vacancy has happened on which arises the power and the obligation of the Governor to cause it to be filled. He said he was aware that this might be considered a novel doctrine, but it was the legitimate consequence of his original proposition: the perpetuity of the representative office; and he had already shown that the people were deeply interested in the establishment of the doctrine. If his premises and conclusion were legitimate, the honorable gentlemen claiming a right to seats in this House as representatives from the State of Mississippi, are as much entitled to them as any members belonging to it. Mr. SLADE contended neither the resolution nor the amendment took the true ground. He did not believe that the members elected were entitled to hold their seats during the entire continuance of the 25th Congress, and he did believe they were entitled to seats at the extra session; and if any gentleman would bring forward a proposition to this effect, he would vote for it. He was not in favor of the amendment, but if he was compelled to decide between it and the original resolution, he would be compelled to vote for it.. From the most careful examination which he could give the subject, he had come to the conclusion that such a vacancy had happened as was contemplated by the Constitution. He contended that the Governor had the power to fill up this vacancy, by issuing his writ of election to fill the vacancy until the time of the regular election under the Constitution of the State, and went into a lengthy argument in support of this view of the case. Mr. TILLINGHAST thought it perfectly manifest that the people of Mississippi intended to have representatives in Congress at the present extra session, and he was glad that by the rules of the House the gentlemen were permitted to take seats at the present session of Congress, because he was always willing to take into account the will of the constituency. It was assumed, however, that the people believed at the time of the election, that they were electing representatives for the twentyfifth Congress; but this he took to be an improper assumption; because the people were only authorized by the Governor to vote for members to the extra session of Congress, and therefore it was but fair to presume that the people were not generally of opinion that they were electing members for the whole of the Twenty-fifth Congress. They were led to believe by the proclamation of the Governor, that the term of those they were voting for would expire at the time when the existing law of the State provided that the election for members of Congress should take place. He contended that it was not in the power of the Governor to authorize an election for the whole of the 25th Congress; because, if the Governor was clothed with this power, he could set aside the laws of the State entirely. He contended that the real difficulty in relation to the Mississippi election was defective legislation; because the Legislature had not provided for the exigency which might arise in case of a call of an extra session of Congress immediately after the fourth of March. It appeared to him that the proper course would have been for the Governor to call the Legislature to provide the means of filling up the vacancy which had occurred, and cited the late election in Rhode Island as an illustration of his idea. There the Legislature provided for the case of an earlier election of Representatives to Congress, and no one dreamed that this difficulty would be remedied by the Governor issuing his writ of election to supply the vacancy. Mr. HOWARD had supposed it was conceded on all hands that we must come to one or two decisions on this question, and that there was no such middle ground as that assumed by the gentleman from Vermont, (Mr. Slade,) and that was, that we must either adopt the report of the co mittee, or the amendment submitted by a member of the minority. He had thought that gentlemen on all hands had conceded that these two gentlemen were either members of the Twenty-fifth Congress, or that they were not members at all. But the gentleman from Vermont had taken a middle ground, and says he believes these two gentlemen elected to fill the vacancy during the extra session of Congress; yet he brings forward no proposition, and declares, notwithstanding, that he believed these gentlemen members of the extra session, that he will vote for the amendment pending, thereby expelling those gentlemen from the House during the present session; because, if the vote was taken to-day, and the amendment carried, they would not be entitled to seats to-morrow. Although the gentleman admitted that the people of Mississippi were entitled to have representatives at the present extra session, yet he is prepared to deprive them of their representatives to-morrow. They had been told by the gentleman from Mississippi on yesterday, that the people of that State elected them under the impression that they were electing members for the whole of the Twenty-fifth Congress, and that scarcely a man in Mississippi thought that the election was merely for the extra session; and he took it that there was the strongest evidence of this being the case, exhibited by the fact that there was now but one person in Mississippi who had brought himself to the notice of the people of Mississippi for election in November. If the people of the State believed that these gentlemen were not elected for the whole of the Twentyfifth Congress, he imagined they would be making every preparation for the election in November next. Congress, he contended, was an entire body, and could not be made up of one set of men for two months, and another set of men for the remainder of the term. The members all came in at one time, and all went out at one time. They might be compared to the changes of a stage coach, which, having run its stage, had an entire change of horses; but according to the construction of the gentleman from Vermont, he would be stopping at every mile to introduce a new horse. He contended that the people were entitled to the benefit of the whole of the time of a representative, or of a set of representatives, and that it would be entirely improper to have one set of men at the commencement of a Congress, when the President presented the state of the country to the view of the House, and another set two months afterwards, who knew nothing of these subjects. Gentlemen had contended that no vacancy had occurred in the representation from the State of Mississippi, and that if the two representatives were removed to-morrow, by a vote of the House, there would be no vacancy. If the representatives from that State were removed from the House by a vote of the House to-day, he wonld ask any gentleman whether there would not be a vacancy in their seats? He would point to those vacant seats, and ask gentlemen if no vacancy had occurred in the representation from the State of Mississippi. Oh! but say gentlemen, this is not such a vacancy as is contemplated by the Constitution This he took to be a very forced construction of the word vacancy. Mr. M. then referred to Elliot's debates on the adoption of the Constitution, to show that it was the intention of the framers of the Constitution to make the clause in relation to the vacancy apply to all cases of vacancy, no matter in what manner it might occur; and he also referred to the opinion of Judge Story on a case of vacancy in the office of a foreign minister, in which there had been a difference of opinion between the Senate, or a portion of the Senate, and President Madison; and it was stated in the work of Judge Story that the Senate had entered a protest against a certain appointment made by President Madison. Mr. ADAMS rose, and stated that it was a mistake in Judge Story, in saying that a protest had been entered by the Senate, in relation to the appointment alluded to. A Senator from Massachusetts had brought forward a proposition, declaring the appointment alluded to illegal and unconstitutional, and the subject was debated to the close of that session, without coming to any conclusion, and was again resumed at the commencement of the next session; and after as patient deliberation as the Senate ever gave to any subject, it was indefinitely postponed by a vote of the majority of the Senate; so that there never was any protest by the Senate against the appointment. And now, if he might be permitted to say one word, he would give his understanding of this word "happen" in cases of vacancies. He believed, in relation to offices, that every one happens to be vacant which is not full, and that he believed was the sense and meaning of the Constitution, whether the vacancy occurred from casualty, the regular course of events, expiration of term, or other cause. In relation to the offices of public ministers, they were not offices created by the laws or the Constitution, but were offices known to the laws of nations, and created by the laws of nations. Ministers were sent to every part of the world by the President, and whenever there is a necessity for the appointment of such minister, that office is vacant. This was what he understood by the term vacant, and he believed this was the understanding of every President of the United States. Mr. HOWARD was glad the gentleman from Massachusetts had had an opportunity of explaining, as he considered his opinion as having very great weight in this matter. It had demolished the structure raised by the gentleman from Ohio [Mr. Mason] entirely. Mr. MASON explained, and contended that the remarks of the gentleman from Massachusetts had not effected the argument he had used, or the authority he had referred to. Mr. HOWARD resumed, and contended that it was not in the power of the Legislature of a State to prevent the people from having a representation in Congress. If the Legislature neglected to provide for having the people represented on all occasions in the House of Representatives, then it was the duty of the Governor of a State to provide that the vacancy should be filled, as it was the right of the people always to be represented. According to his understanding of what the intention of the framers of the Constitution was in relation to this matter, he believed it was intended that, if the Legislature failed to make provision for filling all vacancies which might exist, then it was the duty of the Governors of the States to provide for the case; and that the power of regulating this matter was only intended to rest with Congress in cases of great emergency. This was what he understood to be the spirit and meaning of the Constitution of the United States. The subject was further discussed by Messrs. LINCOLN and HASTINGS, in opposition to the report of the committee, and by Mr. LOOMIS of New York in its support, till half-past two o'clock, when the House took its usual recess till 4 o'clock. [EVENING SESSION. ] The SPEAKER laid before the House a communication from the Secretary of the Treasury, in answer to a resolution of the House, calling upon him to communicate to the House all the correspondence between that Department and any individuals or banks, relative to a bill now before Congress, to authorize the President to direct the issue of Treasury notes; which, on motion of Mr. GRENNELL, was laid on the table and ordered to be printed. The SPEAKER also laid before the House a cemmunication from the Secretary of the Treasu ry, in answer to a resolution calling upon him to communicate to this House the returns of receivers of public moneys, in pursuance of the order of the 11th July, 1836, the amount of gold, silver, and bills received by them, &c.; which, on motion of Mr. GRENNELL, was laid on the table, and ordered to be printed. The SPEAKER laid before the House the following message from the President: To the House of Representatives of the United States: I transmit to the House of Representatives a Report of the Secretary of State, containing the information requested by their resolution of the 19th inst. [in relation to the tobacco trade] together with the documents by which the report was accompanied. M. VAN BUREN. WASHINGTON, Sept. 30, 1837. The message was laid on the table and ordered to be printed. The SPEAKER laid before the House the following message from the President: To the House of Representatives of the United States: In compliance with the resolution of the House of Representatives of the 13th inst. respecting an annexation of Texas to the United States, I transmit a Report from the Secretary of State, and the documents by which it was accompanied. M. VAN BUREN. WASHINGTON, Sept. 30, 1837. On motion of Mr. ADAMS, The message and documents were laid on the table, and 10,000 extra copies ordered to be printed. The SPEAKER also laid before the House the following message from the President: To the House of Representatives of the United States: In compliance with the resolution of the House of Representatives of the 13th ultimo, concerning the boundary between the United States and the Mexican Republic, and a cession of territory belonging to the Mexican Confederation to the United States, I transmit a Report from the Secretary of State, and the documents by which it was accompanied. M. VAN BUREN. WASHINGTON, Oct. 2, 1837. To the President of the United States: The Secretary of State, to whom was referred a resolution of the House of Representatives, dated the 13th ult. requesting the President to communicate to that House, so far as may be consistent with the public interest, all the correspondence between the Government of the United States, and that of Mexico, concerning the boundary between them; and particularly concerning any proposition for a cession of a territory belonging to the Mexican Confederation to the United States, and also all correspondence relating thereto between the Department of State and the Diplomatic Representatives of the United States in Mexico, and of the said Department with those of the Mexican Republic, accredited to the Government of the United States, has the honor to lay before the President copies of all the correspondence between the two Governments on the subject of the boundary line, not heretofore communicated to Congress, and of all the instructions to the representatives of the United States at Mexico on the subject of a cession of territory by the Mexican confederation to the United States. No other correspondence between the Government of the United States and Mexico has taken place on the subject of a cession of territory, either at Mexico or at Washington. In one of his communications to this Department, however, Mr. Butler mentions a note which he addressed to Mr. Alamon on the 15th of July, 1832, giving his reasons for reviewing the question of boundary, and explaining the advantages which both nations would probably derive by changing the line from the Sabine. No copy of this note has ever been communicated to this Department, nor is there any draft on record of it in the archives of the legation of the United States at Mexico. The communication of the representatives of the United States to their own Government on that subject, are within the limitation containsd in the resolution referred to this Department. All which is respectfully submitted. DEPARTMENT OF STATE, JOHN FORSYTH. Washington, October 2, 1837. On motion of Mr. CAMBRELENG, the message and accompanying documents were laid on the table and ordered to be printed. MISSISSIPPI ELECTION. The House then resumed the consideration of the report of the Committee of Elections, which was accompanied by the following resolution: Resolved, That Samuel J. Gholson and John F. H. Claiborne are duly elected members of the Twenty-fifth Congress, and as such are entitled to take their seats.. The question pending was the motion of Mr. MAURY to strike out all after the word "resolved," and insert, "that Samuel J. Gholson and John F. H. Claiborne, not being duly elected members of the House of Representatives of the twenty-fifth Congress of the United States, are not entitled to seats on this floor as such." Mr. LOOMIS resumed and concluded his remarks in favor of the resolution. Mr. ADAMS said the question was not as to whether or not the vacancy had been filled, but whether it had been filled for the whole term of the present Congress. The law of the State of Mississippi made it clear, that although the Governor had a right to issue his writ to fill the vacancy, it was only until superseded by the general election in November. He had no right to issue his writ for an election for the whole term, as was evident from the words, "until superseded," etc. which were added to the writ. These words had been inserted in conformity with the laws of that State, and had they been omitted, the Governor would virtually have repealed the State law. But it might be taken for granted that a large portion of the people at the polls believed they were electing meinbers for the whole term. Mr. A. went on to show that the present members could not retain their seats, unless re-elected the 1st of November, in conformity with the law of their State; but as they were here, he wished them to remain until the expiration of the present session, and then return home, when there would be no doubt of their being again chosen by the people. Mr. CAMBRELENG asked that there might be a call of the House. This was agreed to, and the roll was called, when 105 members answered to their names. Mr. CAMBRELENG moved that all further proceedings in the call be dispensed with; and with a view of affording the absent members time to resume their seats, asked for the yeas and nays on his motion, which being ordered, resulted-yeas 137, nays 61. So all further proceedings in the call were dispensed with. Mr. WHITTLESEY of Ohio said, that as there was a doubt as to whether the gentlemen from Mississippi had been elected for the present session only, or the whole Congress, he thought it would be the better plan to lay the whole subject on the table, and thus afford time for them to return, and be re-elected. With that view he moved that the report of the Committee of Elections, with the amendment thereto, be laid on the table, and on that question he asked for the yeas and nays. Mr. WHITTLESEY withdrew his motion at the request of Mr. FILMORE, who hoped the subject would not be thus disposed of, as it would leave the people of Mississippi in doubt. Mr. WHITTLESEY then renewed his motion, and the yeas and nays being ordered, resulted— yeas 70, nays 145, as follows: YEAS-Mesars. Adams, Alexander, John W. All n, Aycrizg, Bell, Bond, John Calhoon, Win. B. Campbell, W. B. Carter, Chambers, Cheatham, Childs, Corwin, Cranston, Crockett, Curtis, Darlington, Dawson, Davies, Deberry, Dennis, Dunn, Elmore, Evans, Everett, Ewing, Goode, Wm. Graham, Graves, Grennell, Hall, Halstead, Harlan, Harper, Hastings, Hawes Henry, Herod, Henry Johnson, Lawler, Lewis, Lyon, Mallors, Samson Mason, Maury, Maxwell, McKennan, Milligan, Calvary Morris, Ogle, Pope, Potts, Rariden, Randolph, Reed, Rencher, Ridgway, Russell, Sawyer, Sergeant, Slade, Southgate, Stan: ley, Thompson, Tillinghast, Toland, Elisha Whittlesey, Lewis Williams, Wise, and Yorke-70. NAYS-Messrs. Heman Allen, Anderson, Andrews, Ather ton, Beatty, Beirne, Bicknell, Birdsall, Boon, Borden, Bouldin, Briggs, Brodhead, Bronson, Bruyn, Buchanan, Bynum, William B. Calhoun, Cambreleng, John Campbell, Timothy J. Carter, Casey, Chaney, Chapman, Cilley. Clark Cleveland, Clowney, Coles, Connor, Crary, Cushman, Davee, DeGraff, Dromgoole, Duncan, Edwards, Farrington, Fairfield, Richard Fletcher, Isaac Fletcher, Foster, Fry, Gallup, Rice Garland, Glascock, James Graham, Grant, Gray, Griffin, Haley, Mammond, Ha mer, Harrison, Hawkins, Haynes, Holsey, Holt. Hopkins, Howard, Hubley, Robert M. T. Hunter, Ingham, Thomas B. Jackson. Jabez Jackson, Joseph Johnson, Nathaniel Jones, John W. Jones, Kilgore, Klingensmith, Indbetter, Lincoln, Logan, Arphaxed Loomis, Andrew W. Loomis, Marvin, James M. Mason, Martin, May, McKay, Robert McClellan, Abraham McClellan, McClure, McKim, Menetee, Mercor, Miller, Montgomery, Morgan, Samuel W. Morris, Muhlenberg, Murray, Noyes, Palmer, Parker, Parmenter, Patterson, Patton, Paynter, Pearce, Peck, Pennybacker, Petriken, Phelps, Phillips, Plumer, Potter, Pratt, Prentiss, Reily, Rhett, Richardson, Rives, Robertson, Rumsey, Sheffer, Charles Shepard, Shields, Shipler, Smith, Snyder, Spencer, Stewart, stration, Taliaferro, Taylor, Thomas, Titus, Toucey, Towns, Turney, Underwood, Vail, Vanderveer, Wagener, Weeks, Albert S. White, John White, Thomas T. Whittlesey, Sherrod Wil. liams, Jared W. Williams, Joseph Williams, Christopher II. Williams, Worthington, and Yell-145. So the motion to lay on the table was decided in the negative. Mr. HAYNES then moved the previous question which was seconded-yeas 105, nays 81; and the main question was ordered without a division. Mr. BRIGGS called for the yeas and nays on the main question, which was the adoption of the resolution reported by the Committee of Elections, that Messrs. Claiborne and Gholson were entitled to their seats, which were ordered, and were-yeas 118, navs 101, as follows: YEAS-Messre. Anderson, Andrews, Atherton, Beatty, Beirne, Bicknell, Birdsall, Boon, Boaldin. Brodhead, Bronson, Bruyn, Buchanan, Bynum, Cambreleng. John Campbell, T. J. Carter, Casey, Chaney. Chapman, Calley, Clark, Cleveland, Coles, Connor, Crary, Cushman, Davee, DeGraff, Dromgoole, Duncan, Edwards, Elinore, Farring on. Fairfield, Isaac Fletcher, Foster, Fry, Gallup, Glascock, William Graham, Grant, Gray, Haley, Hammond, Hamer, Harrison, Hawkins, Haynes, Herod, Holsey, Holt, Howard, Hubley, Ingham, Thomas B. Jackson, Jabez Jackson, Joseph Johnson, Nathaniel Jones, John W. Jones, Kenible, Kilgore, Klingensmith, Legare, Leadbetter, Lewis, Logan, Arphaxed Loomis, James M. Mason, Martin, May, Robert McClellan, Abraham McClellan, McClure, McKin, Miller, Montgomery, Moore, Morgan, Samuel W. Morris, Muhlenberg, Murray, Noble, Palmer, Parker, Parmenter, Paynter, Pennybacker, Petrikin, Phelps, Plumer, Potter, Pratt, Prentiss, Reily, Rhett, Richardson, Rives, Sheffer, Sampler. Smith, Siyaler, Spencer, Stewart, Taylor, Thomas, Titus, Toucey, Turney, Vail, Vanderveer, Wagener, Webster, Weeks, Albert S. White, Thonias T. Whittlesey, Jared W. Williams, and Worthing:on-118. NAYS-Messrs. Adams, Alexander, Heman Allen, John W. Allen, Ayckrigg, Bell, Bond, Borden, Briggs, William B. Cal. houn, John Calhoon, William B. Camphell, William B. Carter, Chambers, Cheatham, Childs, Clowney, Corwin, Cran. ston, Crockett, Curtis, Cushing, Darlington, Dawson, Davies, Deberry, Dennis, Dunn, Evans, Everett, Ewing, Richard Fletcher, Filmore, Riee Garland, Goode, Graves, Grennell, Griffin, Hall, Halstead, Harlan, Harper, Hastings, Hawes, Henry, Robert M. T. Hunter, Henry Johnson, Lawler, Lin. coln, Andrew W. Loomis, Lyon, Mallory, Marvin, Sanson Mason, Maury, Maxwell, McKennan, Menifee, Mercer, Milli gan, Calvary Morris, Noyes, Ogle, Patterson, Patton, Pearce, Peck, Phillips, Pape, Potte, Pandolph, Reed, Rencher, Ride way, Robertson, Rumsey, Russell, Sawyer, Sergeant, Augustine II. Shepperd, Charles Shepard, Shields, Sibley, Slade, Southgate, Stanley, Stratton, Taliaferro, Thompson, Tillinghast, Toland, Towns, Underwood, John White, Elisha Whittlesey, Lewis Williams, Sherrod Williams, Joseph Williams, Christopher H. Willains, Wise, and Yorke-101. So Messrs. Gholson and Claiborne were declared to have been duly elected members of the Twentyfifth Congress from the State of Mississippi, and, as such, entitled to their seats on this floor. Mr. RICE GARLAND laid on the table an amendment to the bill relative to the state of the deposite banks, which was ordered to be printed; when, on motion of Mr. MORGAN, The House adjourned. IN SENATE. WEDNESDAY, October 4, 1836. Mr. McKEAN presented a memorial from sundry citizens of Philadelphia city and county, against ne annexation of Texas; also one from the citizens of Montgomery county, Pennsylvania, remonstrating against the annexation of Texas; which were ordered to lie on the table. Mr. ROANE presented two petitions from Wmn. J. Brent, of Virginia; the one praying for a certain national institution, the other an inquiry into the best mode of healing the distresses of the times. Both these petitions were ordered to lie on the table and be printed. Mr. NORVELL presented a memorial from certain citizens of Michigan, praying for the passage of a pre-emption law for their relief. Also, for the establishment of a port of entry at the mouth of the river St. Joseph in that State. Also, praying for an adequate appropriation from Congress to finish Grand river road. Also, to improve the harbor at the mouth of north Black river, on Lake Michigan; all of which were ordered to be laid on the table. Mr. GRUNDY, from the Committee on the Judiciary, reported the following joint resolution: Resolved by the Senate and House of Representalives of the United States of America in Congress assemhled, That the Postmaster General be, and he is hereby, directed to cause the postage on all letters sent by the Express Mail of the United States, to be paid in advance at the time of depositing them for transportation by said mail. This resolution having been read twice, was referred to the Committee on Post Offices and Post Roads. The bill regulating the fees of district attorneys in the renewal of merchants' bonds, was called up for consideration. Amendments to this bill were offered by Mr. CLAYTON and Mr. CLAY of Alabama, and some remarks made, which were not distinctly heard. Mr. CLAY of Kentucky said he would have been better satisfied if the Committee on the Judiciary had reported a different bill; for if it passed in its present shape, the attorney's fees for the city of New York would amount to between twenty and thirty thousand dollars, so numerous were the bonds to be renewed under existing emergencies. Why (said Mr. C.) take the business out of the hands of the collector of the customs? Why not let him renew the bonds, and give him the same fee for the renewal that was charged on the original document? On what pretence are they handed over to the attorney unless for suit? in which case, he was entitled to his fees. The tax of five dollars, as contemplated by the bill, would fall heavily on the class of small importers, many of whose bonds did not exceed fifty dollars. Five dollars on that sum-ten per cent. on the whole amount-would be unreasonable; while bonds for a very considerable amount were subjected only to the like charge. There was no equity, no propriety in such a measure. He would propose to remodify the bill entirely. Mr. GRUNDY said the object of the bill was to secure to the attorney five dollars, and allow no further charge. The usage in New York was, when papers were placed in the hands of an attor ney, to charge certain fees whether the suit was brought or not; it was the custom, he understood, in that State, though certainly not in any other, as far as his knowledge went, and he presumed it was under this law, that the attorney had received the fees so much complained of. Mr. BUCHANAN said the repeated attention of Congress had been called to the subject of fees of Government officers; but as yet no adequate remedy had been provided. Fees varied in the different States as much as two, three, and even four hundred per cent. He believed they acted under a Jaw of Congress of 1799, which left the control to the ever varing laws of the States. He had consulted the Solicitor of the Treasury on the subject, and had been told by that distinguished officer, that in three-fourths of the States no change whatever was made; while acting in the capacity of district attorney, that officer had never received a farthing for such duty. Mr. B. agreed with the Senator from Kentucky, that five dollars, ten per cent. on a bond of fifty dollars-as much as was exacted for a large one-was unjust. To obviate that difficulty, and do justice as far as practicable, he would propose to amend the bill, so as to make the fee five dollars on all bonds exceeding fire hundred dollars, and two dollars for all of and under that sum, instead of five on all classes, as reported by the bill. Mr. TALLMADGE was of opinion that it would be better to postpone the subject, and lay the bill on the table until something definite could be fixed on. The fees received by the district attorney were in entire accordance with the usage of the courts. Mr. T. went into an explanation of the manner in which the practice was regulated in the State of New York, and the fees law officers were entitled to under the present regulations. The bill as offered to be amended by the gentleman from Penusylvania, (Mr. Buchanan,) graduated the fees for the renewal of bonds of a small amount; but he doubted whether more than five dollars was charged for the mere renewal. Mr. T. said he had conversed the other day with a merchant from New York, who told him that he had been surety on thirty-one bonds; for renewing these the district attorney had charged only two dollars on each bond, making sixty-two dollars for the whole, which was far less even than proposed by the Senator from Pennsylvania. Mr. WEBSTER said when he introduced his resolution he mentioned that, from the enormous amount exacted, he presumed there was some mistake, but the facts were for the committee to investigate. He had since received a letter on the subject, which should go to the Committee on the Judiciary for their inspection. The charge made by the district attorney was, according to his own showing, $6 64; which charge he presumed was according to the old English rule of taxing by the folio, (so many words;) and if that were the fact, the attorney might be entitled to that amount; but he thought it high, as blank bonds were now printed, and hence the expense materially lessened. There were now more than four thousand bonds to renew, and he thought two dollars on each would be sufficient. It was the matter of fees, however, that was most complained of, which the bill before them did not touch. Evils or abuses were contagious, and he feared unless the bill covered the whole ground, we should find the fees in other places based on the system at New York. Mr. WRIGHT went into some explanation of the practice of the State in relation to fees, and said, in justice to the district attorney of New York, that the fees received by him were legal, and such as citizens paid in like cases. The highest charge made for a mere renewal in any case, had never been more than six dollars and sixty-four cents; and in cases where the amount of the bond did not exceed two hundred dollars, he had invariably remitted one-third even of that charge. Where so many bonds were to be renewed, as would be the case at present, he thought the fee high; but in places where there were only a few bonds, he was not prepared to say it was too high. The question on Mr. TALLMADGES's motion to lay the bill on the table being taken, it was decided in the affirmative. The bill imposing additional duties on public officers, as depositories in certain cases, having had its third reading, the question being on its final passage Mr. CLAY, of Alabama, rose and occupied the Senate for the space of near two hours in support of the bill. Whatever smemantinna might have presented themselves to his mind in the first instance as a measure somewhat harsh towards the banks, all objections had been removed by the amendment of the Senator from South Carolina (Mr. Calhoun.) Mr. C went into a full detail of the conduct pursued by the United States Bank; the attempts of that institution to interfere in the politics of the country, and the panic it had created on the removal of the deposites. In the course of his remarks, he alluded to the argument of Mr. CLAY of Kentucky, that the charter of a national bank and the permanency of the Upion were identified; and also remarked on the declaration made by the distinguished Senator from Kentucky, (Mr. CLAY) shortly after the removal of the deposites, (made in Philadelphia,) that “we were in the midst of a revolution." He also spoke of declarations made in the newspapers and elsewhere, that the deposites must be restored, or a revolulion was hand; and that matters went so far, according to the accounts of the newspapers, that two members of Congress addressed the mob at Baltimore on Sunday; and, as he understood it, one of those members had said, by way of apology, that there were no sabbaths in revolutionary limes. [When Mr. CLAY of Alabama concluded his speech, Mr. WEBSTER rose, and thanked him for having alluded to the subject; that he knew such a report had been in circulation through the newspapapers, as that he, or another gentleman, (Mr. Binney,) then a member of the other House, had made it; but that it was false and calumnious; that he heard no such remark made on that occasion. Mr. CLAY rejoined, that he believed, whatever might be the character of the report, it had emanated from newspapers, which supported the correctness of the gentleman's position; that he spoke from the newspaper account, which he had never before heard controverted. [As soon as the Reporter can write out his speech from his notes, it will be given in full.] Mr. SOUTHARD followed Mr. Clay in opposition to the bill. Mr. CLAY of Kentucky asked for the yeas and nays on the passage of the bill, and they were ordered, and were-yeas 26, nays 20, as follows: YEAS-Messrs. Allen, Benton, Brown, Buchanan, Calhoun, Clay of Alabama, Fulton, Grundy, Hubbard, King of Alabama, Linn, Lyon, Morris, Niles, Norvell, Pierce, Roane, Robinson, Sevier, Smith of Connecticut, Strange, Walker, Wall, Williams, Wright, and Young-26. NAYS-Messrs. Bayard, Black, Clay of Kentucky, Clayton, Crittenden, Davis, Kent, King of Georgia, Knight, McKean, Nicholas, Prentiss, Robbins, Smith of Indiana, Southard, Swift, Tallmadge, Tipton, Webster, and White-20. Mr. CLAY of Alabama again alluded to the Sunday affair, and produced the tenth volume, part second, of Gales and Seaton's Register of Debates of 1833--4, and, with the leave of the Senate, read the following report of Mr. Webster's own account of the affair alluded to, just after his return from Baltimore, having premised that, from the statement of the Senator from Massachusetts, no man would have supposed that any such remark had been made on the occasion by any one: "Mr. WEESTER said he was very sorry to be compelled to rise again on this subject. But circumstances had come within his own knowledge which he deemed it necessary to mention. When he arrived in Philadelphia, on his return to Washington, he received information of the very extraordinary communication sent by the President to the Senate; and certainly all that he conversed with, viewed it with the utmost alarm and disapprobation. When he arrived at Baltimore, he found multitudes of people in the streets, certainly not assembled in a riotous manner, but evincing a deep state of feeling from some great cause. When the boat arrived at the wharf, a gentleman came forward, and introduced one venerable man, who addressed him by saying, "I am a member of the Presbyterian church; and you may be surprised to see me in the crowd on such a day; but I remember that we had no Sabbaths in revolutionary times to interfere with our duty to our country. We know that our liberties are in danger; and we come down to you for the purpose of making you acquainted with our true situation, and to ask what we are to depend on." Having read this extract from Mr. WEBSTER'S account in the Senate, just after his return from Baltimore Mr. CLAY of Alabama said he was willing to submit it to the Senate how far the declaration of the Senator from Massachusetts-that he had heard no such remark as the one mentioned at the Baltimore Sabbath meeting-was correct. Mr. WEBSTER replied that he certainly did not make any personal imputation against the Senator from Alabama, in what he had before stated, but against the newspaper report. Mr. CLAY of Alabama rejoined, that he (Mr. C.) certainly did not understand the Senator from Massachusetts (Mr. W.) as so intending, or he should have treated him very differently from what he did on the occasion. On motion of Mr. TIPTON, the Senate went into Executive business; and, after some time spent therein, the Senate adjourned. HOUSE OF REPRESENTATIVES, WEDNESDAY, October 4, 1837. Mr. HOWARD, on leave, submitted the following resolution, which was considere.! and adopted. Resolved, That the President of the United States be requested to communicate to this House, the proceedings of the Court of Inquiry, whereof Major General Scott was President, and which commenced on the 4th of September, 1837, at Knoxville, in Tennessee, pursuant to General Order No. 49, to examine into the transactions of Brevet Brigadier General Wool, and others under his command, in reference to his and their conduct in the Cherokee country. On motion of Mr. PATTON, the following resolution submitted by him on the 19th September was taken up, considered and adopted: Resolved, That the President of the United States be requested to transmit to this House 1st. A copy of all the documents and correspondence in his department, relative to the recal of Major Gen. Scott from the command against the Seminole and Creek Indians. 2d. A copy of the record of the proceedings of the Court of Inquiry convened at Fredericktown, in relation to the operations against the Seminole and Creek Indians, together with the decisions thereon of the late and present Executive. 3d. A copy of the orders to Major Gen. Scott, relative to the conduct of his command, and the terms he might offer to the enemy. 4th. A copy of the orders of Major Gen. Jesup, on assigning to him the same command; and all other orders and correspondence with Gen. Jesup subsequent thereto, which he may deem not injurious to the public service to communicate. Mr. ROBERTSON, on leave, submitted the following resolution, which was considered and adopted: Resolved, That the Postmaster General be directed to report to this House, with as little delay as may be, the balances now on hand, so far as ascertained, to the credit of the Department; together with an estimate of the receipts and disbursements during the residue the current year; also, the aggregate amount received and disbursed by the Department since the first day of May last, distinguishing the amount in specie from that in other funds. Also, the regulations touching the funds to be received and disbursed, if any, other than those already communicated; the instances in which those regulations have been disobeyed or dispensed with; with separate statements of the aggregate amounts left in the hands of collecting officers, paid into the Treasury, and deposited in bank, the mint and its branches, or other depositories, since the date first mentioned. On motion of Mr. MALLORY, the following resolution submitted by him on a former day, was taken up, considered, and agreed to: Resolved, That the Secretary of the Navy be requested to communicate to this House the cause of the detention in the sailing of the Exploring squadron, together with the correspondence between the Department and the commander, and other officers or persons who are now, or have been at any time, attached to that service; and also report what amount of the appropriation made by Congress for that purpose has been expended, and whether an additional sum will not be required within a short period to carry on the expedition. On motion of Mr. WILLIAM COST JOHNSON, it was Ordered, That the Committee on the Public Buildings inquire into the plan of the Treasury building now being erected, to examine the general and detailed plan of said building, as to locality and con struction; and whether it would not be changed to the advantage of the public convenience and economy; whether flues should not be substituted instead of fire-places; to examine the various plans of improvement, which may be submitted to the Committee, and report at a convenient time to Congress. NATIONAL BANK. The House then proceeded to the consideration of the following resolution, reported from the Committee of Ways and Means on the 25th instant, it being the business next in order: Resolved, That it is inexpedient to charter a national bank. The question pending was the motion of Mr. WISE to amend the resolution, by adding thereto, " at this time. And be it further resolved, that it will be expedient to establish a national bank whenever there is a clear manifestation of public sentiment in favor of such a measure." Mr. SERGEANT, who was entitled to the floor, proceeded with his remarks for a few minutes, when he moved to refer the resolution to a Cemmittee of the Whole on the state of the Union. Mr. CAMERELENG said he was very sorry this motion was submitted by the gentleman from Pennsylvania. He must be sensible that if the motion he now made prevailed, that it would have the effect to make a final disposition of the question now before the House. The Committee of Ways and Means felt bound to present this question before the House, in the form they did, in consequence of the memorials referred to them by the House, praying for the establishment of a national bank. In presenting it, however, they did not anticipate a lengthy discussion. It was supposed by the Committee of Ways and Means, that the nation desired to know what course this House and the other branch of Congress intended pursuing on this question; and they had submitted this resolution in order that gentlemen might be brought to a direct vote, and cither adopt or reject the resolution. It was introduced because the subject had been referred to the Committee of Ways and Means, and they considered it proper that the nation should understand what course they intended to pursue on this all important question. He hoped that the motion to commit would not prevail, as there was not time to discuss it at the presont session of Congress. Mr. ADAMS wished to ask the chairman of the Committee of Ways and Means, whether there had not been a number of petitions referred to that committee, praying for the establishment of a national bank. Mr. CAMBRELENG answered, that there had been, and this resolution was founded upon those petitions. Mr. ADAMS. My next inquiry is, whether they were read in the committee. Mr. CAMBRELENG stated, that there had been but about forty of those petitions printed and laid on our tables, and referred to that committee, and it would be very extraordinary if they had not been read by every member of the House and of the committee. Mr. ADAMS took this answer to be that they were not read. Now, how stands the fact? The Committee of Ways and Means have had a number of petitions referred to them by the House; they have not read a single one of those petitions, and they have reported a resolution that it is inexpedient to establish a national bank. Sit, (said Mr. A.) I signalize this as another instance of the treatment which the petitions of the people of the United States receive from this House. It is now submitted to the House to pass this resolution, without further inquiry. What reason, what argument, what pretence or right, have the Committee of Ways and Means to report such a resolution, unless it was upon the memorials referred to them? And what right have they to tell the House that it is expedient or inexpedient to charter a national bank, before they have read the petitions they profess to report upon? What is the next conclusion? Here is a resolution offered to this House, predetermined not only to force this House to vote upon the question of inexpediency of a public measure, not only without waiting to hear from the people, but without even condescending to read their peritions when presented! Was the time of this ses sion, which was called for a special purpose, to be wasted upon a mere question of inexpediency? Why, the Committee of Ways and Means might as well have reported that it was inexpedient to increase the navy of the United States; or they might, with much more propriety, have reported that it was inexpedient to prosecute the war in Florida, and waste the money of the United States like water in pursuit of a few hundred Indians, that never could be found. They might have reported on the inexpediency of a great variety of questions; and reporting upon the expediency or inexpediency of establishing a national bank at this time, was a very idle question; and it was as idle for this House to consume its time upon it. If the Committee of Ways and Means had reported in answer to these petitions after reading them, that this House and the white house had predetermined that there should not be a national bank, then there might be some reason for bringing such a resolution before the House. But what were the reasons which the gentleman assigned for reporting this resolution of having an expression of the House upon it? Why, it was to settle the question that we should never have a national bank in the United States. But why did the gentleman not put this in his resolution? Why did he not say so, and make the members of the House toe the mark? Why not say, resolved, that never to the end of time shall a national bank be established in the United States? Does the chairman of the Committee of Ways and Means suppose his power is to last forever? I admit, said Mr. A. the gentleman's power now; but when he calls upon me to toe the mark, I beg to be excused. His mark is not straight enough for me. It is too much like a Virginia fence. It is too zigzag for me to come up to; and when he wants me to toe the mark, I want him to make a straight mark. I want something more rational than a resolution that it is inexpedient to charter a national bank, and then be told that the object is that there shall never be a national bank. I complain to this House, and to the country, that the chairman of the Committee of Ways and Means is wasting our precious time with these useless questions, and wasting the time and health of the members of the House by keeping them up till three o'clock in the morning to force through his measures. If we are to waste time on these frivolous questions, instead of adjourning on the 16th of October, we may sit here till Christmas a year. I want to know what the House will do, and what it will not do. If the question is debated, however, I would rather have it debated in Committee of the Whole. Mr. A. concluded by moving to lay the resolution on the table. Mr. CAMBRELENG hoped the gentleman would not make this motion, which cut of all reply, after making such an attack upon him as he had made. Mr. ADAMS. I will withdraw the motion if the gentleman will renew it when he has done. Mr. CAMBRELENG certainly could not do this. Mr. ADAMS. Well, then, I will withdraw the motion unconditionally, so the gentleman may have the opportunity of replying. Mr. CAMBRELENG said the gentlenen from Massachusetts, (Mr. Adams) with his accustomed courtesy, had been kind enough to speak of his (Mr. C's) "zig-zag" course. He little expected the gentleman to make that charge. Mr. C. thought he (Mr. A.) would not have alluded to a poin which was so very tender to some gentlemen, perhaps on both sides. The gentleman, continued zig-zag" course, and Mr. C, has alluded to y said that I did not walk in a straight line. Sir, I have been a member of this House for seventeen years, and before I was a member I was an advocate of the broadest doctrines of free trade, and of those doctrines set forth at large in the message of the President; doctrines which the South have uniformly sustained and supported. I have been obliged, sir, from necessity, to make this brief allesion to my own course, in consequence of the ex |