JANUARY, 1844.]

[28TH CONG.

The House then adjourned.

IN SENATE.

MONDAY, January 8

Oregon Territory.

Mr. ALLEN's resolution (calling upon the President of the United States to lay before the Senate, if in his judgment that may be done without prejudice to the public interests, a copy of any instructions which may have been given by the Executive, to the American minister in England, on the subject of the title to, and occupation of, Oregon, since the 4th day of March, 1841; also, a copy of any correspondence which may have taken place between this Government and that of Great Britain, in relation to that subject, since that time) came up as the postponed business of Thursday last; the question pending being on the adoption of the resolution.

On this question Mr. ALLEN called for the yeas and nays; which were ordered. Mr. A. then addressed the Senate at considerable length in support of the resolution, prefacing his remarks by an explanation, to the effect that, since the day the subject was up before, he had discovered that he was mistaken as to the person in the British Parliament who had made the declaration that the Senate bill of last session, had it become a law, would have been cause of war: it was not Sir Robert Peel, but Lord Palmerston, who had made that declaration. Mr. A., however, referred to the authenticated version of the debate in Parliament, to show what Lord Palmerston and Mr. Peel did say on the subject, with a view of justifying the assumption that the threat of war was used for the purpose of acting on this Government, and forcing it into negotiation.

Messrs. MOREHEAD, BERRIEN, RIVES, and CRITTENDEN, took the same grounds in opposing the resolution. It was advocated by Messrs. ALLEN and BENTON; the latter proving, from the journals of the Senate, that General Washington was in the habit of consulting the Senate on the terms of any treaty about to be negotiated, and instanced his message relative to Jay's treaty, in 1796, in which the question of boundary-this very question-was under negotiation. Mr. B. proved from this that General Washington considered it within the province of the Senate to advise with the executive upon the terms on which the negotiation of a treaty was to be laid down, and that it was the only safe way of proceeding in a question of territory. Mr. WOODBURY thought the gentlemen on the other side unnecessarily sensitive about the effect of the resolution. He did not see that it could do any harm, since the legislative action of the Senate would be, like that of the last session, strictly in conformity with the existing treaty. Messrs. BUCHANAN and KING voted against the adoption of the resolution at present; as they conceived, whatever the Senate might choose to do in its executive capacity, it was not advisable, under the circumstances stated by the chairman of the Committee on Foreign Relations, for the Senate, in its legislative capacity, to call for the only information the Executive could give

that of its instruction to our own minister; inasmuch as, if furnished and made known to the world, it might be prejudicial to the interests of this country. Mr. BUCHANAN said he would vote most cheerfully for the resolution, if brought up in executive session.

The question was then taken on the adoption of the resolution, and decided in the negative, as follows:

So the resolution was not adopted. The Senate then adjourned.

HOUSE OF REPRESENTATIVES.

MONDAY, January 8.
General Jackson's Fine.

Mr. THOMPSON offered the following resolution; and demanded the previous question on it:

Resolved, That all debate in Committee of the Whole on bill No. 1, to refund the fine imposed on General Andrew Jackson, shall cease at four o'clock this day; and that the committee shall then proceed to vote on all pending amendments, and such as may be offered; when the bill shall be reported to the House.

Mr. PRATT desired to submit the following amendment; which was read for information: Whereas the Legislatures of eighteen States of this Union, containing, at the last census, about fifteen millions out of the seventeen millions of the inhabitants of the United States, have instructed their Senators, and requested their Representatives, to refund the fine imposed upon General Jackson by Judge Hall.

And whereas a strong expression of public opinion has been made in favor of the same measure in the remaining States of the Union: therefore,

Resolved, That, at two o'clock, this day, all debate in Committee of the whole House on the state of the Union, on House bill No. 1, to refund the fine imposed on General Jackson, shall cease; and the committee shall proceed to vote upon such amendments as may be pending, or as may be offered to said bill; and then report the same to the House with such amendments as have been agreed to by

the committee.

Mr. THOMPSON said that he was willing to accept the amendment as a modification of his motion, with the exception of that part fixing the hour of two o'clock for the termination of the debate.

The SPEAKER said that the question would be put on the suspension of the rules to allow the reception of the resolution.

Mr. ADAMS called for the yeas and nays, which were ordered; and the question being taken, resulted in—yeas 117 nays 54.

Two-thirds voting in the affirmative, the rules were therefore suspended.

Mг. THOMPSON having accepted the resolve of Mr. PRATT as a substitute for the one offered by him, the hour being changed to four o'clock, with the assent of Mr. PRATT, the resolution thus modified was read.

The question was then put on the second to the previous question, and carried.

The Honse then ordered the main question; and the resolution was agreed to.

Mrs. Madison.

Mr. SAUNDERS submitted a resolution, as follows Mr. THOMPSON, of Mississippi, yielding to allow it to be offered:

Resolved, unanimously, That a committee be appointed on the part of this House to wait on Mrs. Madison, and to assure her that, whenever it shall

[JANUARY, 1844.

be her pleasure to visit the House, she be requested to take a seat within the Hall.

He moved this resolution in consequence of having seen Mrs. Madison in the gallery.

The resolution was agreed to: and it was ordered that Mr. SAUNDERS and Mr. CHARLES J. INGERSOLL be the said committee.

General Jackson's Fine.

On the motion of Mr. THOMPSON, of Mississippi, (the rules having been suspended for its reception,) the House went into Committee of the Whole on the bill to refund the fine imposed on General Jackson by Judge Hall, at New Orleans.

Mr. STEENROD said he did not think it was the design of the Democratic party in that House, as had been said by gentlemen on the other side, to make of this political capital. He could answer for himself, and he thought he might also answer for the party, that they had no such motives as those attributed to them. But what motives ought to be attributed to those gentlemen who declared they would vote for the bill, and yet made speeches against it? What capital was likely to be made by the Democratic party out of this bill? The last Whig Congress refused to pass the bill, because there were amendments; and now the Democratic party were to make capital by passing the bill without amendments. If the bill should be defeated, the everlasting displeasure of the people of this country would rest upon those by whose means it was defeated; for if there was any measure which could come before Congress, which would awaken a feeling of patriotism, it was this one. General Jackson was too nearly connected with the defence and the glory of this country, to be treated with indignity. He was held too high in the estimation of his countrymen, to be neglected by the Representatives of the people in that House.

Mr. S. then took a view of the condition of

the city of New Orleans, the forces of the enemy that met it, the available means at the general's disposal, and the difficulties and dangers that he had to encounter, to show how imperative it was on him, in order to meet the great responsibilities that rested on him, to exercise the greatest firmness and vigor to arrest treason and disaffection, and prevent it from spreading. He showed, that at the time Louaillier was arrested, General Jackson's army had been greatly reduced by desertions, by the expiration of the men's service, and by the release of numbers availing themselves of the certificates of the French consul; and that the enemy, so far from having relinquished their designs on the city, had refused to accede to a truce, and still meditated another blow, to retrieve the disgrace of their defeat. Under these circumstances, had General Jackson hesitated in assuming the responsibilities he did, his army might have been dispersed, and the city left defenceless.

JANUARY, 1844.]

Mr. SEVERANCE briefly opposed the bill, and declared that he did so on principle. He denied the power of General Jackson to declare martial law, and that, consequently, he exceeded his authority in imprisoning Louaillier and Judge Hall. He contended that Judge Hall strictly did his duty as a just judge. He cared not whether the judge was born in England, Ireland, or Africa; he gave a just judgment, such as should have been given by an American judge; and he (Mr. S.) should, by his vote, show his approbation of his conduct. He would never consent that a military commander should assume to himself the power of suspending the writ of habeas corpus, when the constitution did not even allow Congress to do it, except in cases of rebellion or invasion.

Mr. HALE addressed the House for a few minutes in support of the bill, going over the ground on which he stood in giving his vote on this bill, and then expressing himself somewhat pointedly on the difficulty of understanding what was a contempt, with illustrations by the recital of punishments for contempt. He made some other remarks, and concluded with the observation, that the people were speaking, on this subject, the spontaneous language of the heart.

The committee then rose, and the bill was reported to the House without amendment. The question was then taken upon the following amendment of Mr. STEPHENS:

That the sum of one thousand dollars, together with interest thereon, at the rate of six per cent. per annum, since the 31st day of March, 1815, be, and the same is hereby, given, granted, and appropriated, to and for the use and benefit of General Andrew Jackson; and the same be paid to him out of any moneys in the treasury not otherwise appropriated, it being the amount of a fine paid by him for a contempt of the district court of the United States at New Orleans, at the time aforesaid: Provided, That nothing herein contained shall be intended to be so construed as to imply any censure upon the judge who imposed said fine, or in any way to question the propriety of his decision in said case; which was negatived-ayes 38, noes 122.

The demand for the previous question having been seconded,

The main question, which was upon the engrossment of the bill, was then put and carried. Upon the passage of the bill, the yeas and nays were ordered; and, being taken, resulted as follows:

YEAS. Messrs. Anderson, Ashe, Barringer, Beardsley, Belser, Benton, Bidlack, Edward J. Black, Jas. Black, Jas. A. Black, Blackwell, Bossier, Bower, Bowlin, Boyd, Jacob Brinkerhoff, Brodhead, Aaron V. Brown, Milton Brown, William J. Brown, Buffington, Burke, Burt, Caldwell, Campbell, Cary, Catlin, Reuben Chapman, Augustus A. Chapman, Chilton, Clingman, Clinton, Cobb, Coles, Cross, Cul lom, Dana, Daniel, Richard D. Davis, John W. Davis, Dawson, Dean, Deberry, Dellet, Dickey, Dickinson, Dillingham, Douglas, Duncan, Dunlap, Ellis, Elmer, Farlee, Ficklin, Florence, Foster, French, Frick, Gilmer, Willis Green, Byram Green, Hale, Hamlin,

[28TH CONG. Hammett, Haralson, Hardin, Hays, Henley, Herrick, Holmes, Hoge, Houston, Hubard, Hubbell, Hughes, Hungerford, James B. Hunt, Charles J. Ingersoll, Irvin, Jameson, Cave Johnson, Perley B. Johnson, Andrew Johnson, George W. Jones, Kennedy, Preston King, Kirkpatrick, Labranche, Leonard, Lewis, Lucas, Lumpkin, Lyon, McCauslen, Maclay, McKay, Mathews, Edward J. Morris, Joseph Morris, McClelland, McClernand, McConnell, McDowell, Murphy, Nes, Newton, Norris, Owen, Parmenter, Patterson, Payne, Peyton, Elisha R. Potter, Emery D. Potter, Pratt, Ramsey, Rathbun, Almon H. Read, Charles M. Read, David S. Reid, Reding, Relfe, Ritter, Rogers, Russell, St. John, Sample, Saunders, Senter, Thos. H. Seymour, David L. Seymour, Simons, Simpson, Slidell, John T. Smith, Thos. Smith, Robert Smith, Steenrod, Stetson, Andrew Stewart, John Stewart, Stiles, Stone, Strong, Sykes, Taylor, Thomasson, Thompson, Tibbatts, Weller, Wentworth, Wheaton, White, Williams, Wilkins, Woodward, Joseph A. Wright, and Yost-158.

NAYS.-Messrs. Adams, Barnard, Jeremiah Brown,

Carroll, Chappell, Cranston, Garrett Davis, Fish, Jenks, Daniel P. King, McIlvaine, Morse, Moseley, Foot, Giddings, Grider, Hudson, Joseph R. Ingersoll, Phoenix, Rodney, Schenck, Severance, Tilden, Tyler, Vance, Vanmeter, Vinton, and Winthrop-28. The House then adjourned.

IN SENATE,

TUESDAY, January 9. Pea Patch Island.

On motion of Mr. DAYTON, the bill for the settlement of the title to the Pea Patch Island was taken up for consideration as in Committee of the Whole, the question pending being the motion submitted by Mr. TAPPAN when the bill was last up to recommit it to the Committee on the Judiciary with instructions so to modify it as to submit the question of title to the United States courts for decision.

Mr. DAYTON addressed the Senate for upwards of an hour, giving an elaborate history of the whole case. He adverted at large to the action taken by the two States-Delaware and New Jersey on the subject, the trials had in both in relation to the claim and title of Gale, and the various attempts made to compromise the

matter between him and the United States.

After a very minute and clear statement of all these particulars, Mr. D. proceeded, at considerable length, to argue the legal and technical points involved in the question of jurisdiction and title, and concluded by urging the passage of the bill as reported by the Judiciary Committee.

Mr. BAYARD accounted for the controversy relative to the title derived from the Duke of York by William Penn, and stated that it was not till very lately the deed of the Crown confirming that title had been brought to light. It appeared now that the objections taken to William Penn's title-namely, that the Duke of York, 1682, when he made the grant to Penn, was only a subject himself, and could make no such grant of territory, acquired by

conquest, for his Government, as that he had made-was not a valid objection, inasmuch as, when the Duke of York succeeded to the Crown, and became James II., he confirmed the original grant. Delaware had always claimed jurisdiction over the twelve miles circuit round the town of Newcastle, in conformity with Penn's grant. Mr. B. then gave a minute history of the proceedings in relation to tou claims of the States of New Jersey and Delaware, and also the claim of Mr. Gale's representatives. He urged that, under all the circumstances, it had been judged best to acquiesce in the arrangement made by the only parties now really interested-the United States and the claimants under Gale's title. He therefore advocated the passage of the bill in its present form.

Mr. TAPPAN spoke in favor of his motion to recommit the bill, with instructions to refer the adjustment of the whole matter to the United

States courts.

Mr. BREESE considered the question narrowed down to this: that the State of Delaware, having ceded all her title to the United States, and the State of New Jersey having granted away her title to Gale, who had since come into an arrangement by which his title is vested in the United States; and one of the United States courts having pronounced judgment in his favor, it remained only to ascertain the value of the property, and pay for it. He should vote against the bill in its present form, but was in favor of its recommitment, with instructions to strike out all that part of it relative to the arbitration, and appoint appraisers for ascertaining the amount to be paid.

[JANUARY, 1844.

Resolved, That the Committee on Foreign Affairs be instructed to inquire, and report to this House, whether, with a view to the diminution of the public expenditures, and without any injury to the public service, the grade of some of the representatives of our Government abroad may not be reduced; and opinion of the committee, be safely made. Also, if so, what reduction of this description may, in the whether representatives now existing, of any character, may be safely dispensed with at any and what place now so represented. And, also, whether some alteration in the law in relation to the compensation of our diplomatic agents abroad, and especially in relation to their outfits and allowances, may not safely be made, which will have a tendency to check the too frequent changes taking place in the appointments of those public officers.

Resolved, That the Committee on Territories be instructed to inquire and report to this House what have been the expenses annually paid out of the Treasury of the United States for the courts of the United States within the several Territories, including the salaries to the judges, and all other expenses growing out of the organization and the holding of such courts for each of the three Territories for the last four years; also, into the expediency of restricting the jurisdiction of the federal courts within the Territories within the limits prescribed for the same courts within the States, and for the reduction of the number of circuits and districts, and the number of judges and marshals, and all other officers of those courts, to conform to the business so limited; and further, for the establishment of territorial courts with territorial jurisdiction, to be organized and paid as the Legisscribe and direct; and that they report by bill or lative Councils of the respective Territories may pre

otherwise.

The CHAIR stated that the mover of the pending motion had sent in a modification referring the whole matter to the decision of the United States courts.

Mr. BREESE made a few remarks in reply to Mr. BAYARD, not distinctly heard in the reporter's gallery.

Mr. BENTON characterized the whole thing as an effort to extort money from the United States, on the mere shadow of a claim got up for speculation.

The debate was continued till past 4 o'clock, by Messrs. BENTON, CLAYTON, BAYARD, DAYTON, BUCHANAN, WOODBURY, BREESE, MODUFFIE, and MILLER.

The Senate adjourned.

HOUSE OF REPRESENTATIVES.

WEDNESDAY, January 10.

General Retrenchment.

Mr. McKay submitted a series of resolutions, as follows:

1st. Whether the per diem compensation allowed to district attorneys, marshals, and clerks, may not be wholly withheld without any injury to the public service; and if not, whether such compensation may not be wholly withheld in some circuits and districts, and materially reduced in all, without such injury.

circuits and districts of the United States for rents 2d. What sums are paid annually in the various or otherwise, as compensation for the use of courthouses or other buildings by the various courts of the United States during the respective sittings or terms; and the terms or sittings held annually, and their average duration for the years for which the payments for rent have been made; and whether some restrictions and regulations in reference to those payments, as well to produce uniformity, as to promote economy, should not be made by law.

3d. What have been the reasons for the great and rapid increase of those expenditures within the last few years; generally, how the moneys appropriated for those objects have been expended; for what services the principal payments are made; upon what vouchers and testimonials the accounts for those expenditures are passed at the treasury; what reduction of expenditure may be made in this branch of the public service with safety and propri

1st. Whether the office of secretary, created by the act of 4th July, 1836, to sign, in the name of the President of the United States, patents for lands, may not be abolished; and, if necessary, the duty of signing said patents be performed by some officer in the office of the Commissioner of the General Land office.

2d. Whether the two keepers of the public archives in Florida, authorized by the act of the 3d March, 1825, may not be dispensed with, and the said archives transferred either to the office of the Commissioner of the General Land office, or of some public office in the Territory afore

said.

[28TH CONG. not to the owner of the vessel, to be applied in aid of the fund aforementioned.

mittee of Ways and Means were then agreed

The resolutions of the chairman of the Com

to.

Correspondence Relative to the Oregon Territory.

Mr. WENTWORTH's resolution was taken up and agreed to, as follows:

Resolved, That the President of the United States be requested to communicate to this House, if in his opinion not inconsistent with the public interests, copies of all correspondence with any foreign Government relative to the occupancy, title, discovery, and boundaries of Oregon Territory.

Mrs. Madison's Seat on the Floor. The following letter was received from Mrs. Madison, and read to the House:

and

4th. Whether, in consequence of the diminished sales of the public lands and other causes, the number of clerks and other officers attached to the offices of the Commissioner of the General Land Office may not be greatly reduced.

Resolved, That the Committee on Public Buildings be instructed to inquire into the expediency of authorizing the collection of reasonable tolls from travellers over the Potomac bridge, for the purpose of providing for the necessary repairs and maintenance of said bridge, including the compensation of drawkeepers and other attendants; that said committee also inquire into the management of the penitentiary of this District, and the causes why it has not heretofore supported itself, and whether any changes in the laws provided for its government are necessary to insure greater economy in its administration, consistently with the object for which it was established.

Resolved, That the Committee on Commerce be instructed to inquire into the causes of the recent increase in the number of desertions and discharges of American seamen in foreign countries; whether the laws passed for their relief have been executed or not; and especially whether the act of the 28th February, 1803, which requires the payment of three months' extra wages in certain cases, has been complied with; and, if not, then to inquire into the expediency of imposing a penalty on the master of the vessel for his refusal or neglect to pay said wages to the consul; and also of imposing a penalty on the consul for his refusal or neglect to account for the same, or of requiring said wages to be paid in the first instance to collectors, and by them accounted for to the treasury, to constitute a fund for the relief and protection of American sea

D. P. MADISON.

IN SENATE. THURSDAY, January 11. Blannerhasset's Heirs.

Mr. WRIGHT observed, that there had been placed in his hand a memorial, with a request that he would present it to the Senate, from Hamar Blannerhasset, in behalf of himself and Joseph L. Blannerhasset, praying indemnity for injuries and for losses of property of their father in 1806, in consequence of his arrest on the ground of connection with Aaron Burr. In connection with this petition, was a report of the Committee on Claims of the last Congress, on the subject made on the memorial of Mrs. Blannerhasset. She died pending the claim before the Committee on Claims of this body. A report, however, was drawn up and introduced in favor of the claim. But in consequence of her death, the question was discharged. He felt it his duty to say that, as a member of that committee at that time, he was by no means prepared to adopt that report. He moved the reference of the petition to the Committee on Claims: agreed to.

-Defence of the Coast of Florida.

of the Territory of Florida rendered it necesMr. KING remarked that the exposed situation sary, at an early period, to call the attention of Congress to the subject. The whole coast of Florida was without a fortification; and if any Senator would turn his eyes to the map, he would see how vastly important it was, that