MARCH, 1819.] WEDNESDAY, March 3. Proceedings. The credentials of WILLIAM A. PALMER, appointed a Senator by the Legislature of the State of South Carolina, for the term of six years, commencing on the fourth day of March instant, were communicated and read, and laid on file. Missouri State Bill-House adheres to its Bill. A message from the House of Representatives informed the Senate that the House adhere to their disagreement to the eleventh amendment proposed and adhered to by the Senate to the bill, entitled "An act to authorize the people of the Missouri Territory to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States." Six o'clock in the Evening. On motion by Mr. MACON, a committee was appointed on the part of the Senate, jointly with such committee as may be appointed on the part of the House of Representatives, to wait on the President of the United States, and notify him, that unless he may have other communications to the two Houses of Congress, they are ready to adjourn. Mr. MACON and Mr. DAGGETT were appointed the committee. On motion by Mr. BURRILL, [SENATE. tant duties of President of the Senate during the time he presided therein. Whereupon Mr. BARBOUR addressed the Senate as follows: Gentlemen: The sensibility produced by this new evidence of your kindness and approbation, is beyond my power to express. I would rather refer to your own bosoms as furnishing a more correct standard by which to appreciate it. I have the consolation to reflect, that whatever of zeal or capacity I possess, has been devoted to the discharge of the duties of my station; your approbation is more than an ample reward. Permit me, as the moment of separating is approaching, from all for a season, from some perhaps forever, to tender you all an affectionate farewell, and to pray that upon your return to your respective homes, your reception may be such, in all your relations, as may make you happy. Mr. GAILLARD then rose and made the following address: Mr. President: Next to the satisfaction arising from the consciousness of faithfully performing our duty the favorable opinion of those with whom we are as sociated affords the highest gratification that can be received; and the present vote of approbation, together with the many acts of kindness I have experienced from this honorable body, have excited in my mind feelings of gratitude which neither time nor circumstances can ever efface. journ. A message from the House of Representatives informed the Senate that the House, having finResolved, unanimously, That the thanks of the Sen-ished the business before them, are about to adate be presented to the honorable JAMES BARBOUR, Senator from Virginia, for the dignified and impartial manner in which he has discharged the important duties of the President of the Senate, since he was called to the Chair. Resolved, unanimously, That the thanks of the Senate be also presented to the honorable JOHN GAILLARD, Senator from South Carolina, for the dignified and impartial manner in which he discharged the impor * The two Houses adhering-one to its bill, the other to its amendment-the bill was consequently lost. Mr. MACON reported, from the joint committee, that they had waited on the President of the United States, who informed them that he had no further communication to make to the two Houses of Congress. The Secretary was then directed to inform the House of Representatives that the Senate, having finished the legislative business before them, are about to adjourn. The PRESIDENT then adjourned the Senate sine die. From North Carolina-Weldon N. Edwards, Thos. Settle, Jesse Slocumb, James S. Smith, James Stewart, Felix Walker, and Lewis Williams. MONDAY, November 16, 1818. This being the day fixed by law for the meet-H. Hall, George Mumford, Lemuel Sawyer, Thomas ing of Congress, HENRY CLAY, the Speaker, THOMAS DOUGHERTY, the Clerk, and the following members of the House of Representatives, appeared and took their seats, to wit: and Mark Richards. From New York-Oliver C. Comstock, John P. Cushman, Josiah Hasbrouck, John Herkimer, Thomas H. Hubbard, William Irving, Dorrance Kirtland, Thomas Lawyer, John Palmer, John Savage, Philip J. Schuyler, Tredwell Scudder, Henry R. Storrs, James Tallmadge, jun., John W. Taylor, George Townsend, Rensselaer Westerlo, James W. Wilkin, and Isaac Williams. From New Jersey-Ephraim Bateman, Benjamin Bennett, Joseph Bloomfield, Charles Kinsey, John Linn, and Henry Southard. From Pennsylvania-William Anderson, Henry Baldwin, Andrew Boden, Isaac Darlington, Joseph Hopkinson, William P. Maclay, David Marchand, Robert Moore, John Murray, Alexander Ogle, Thomas Patterson, Thomas J. Rogers, John Sergeant, Adam Seybert, Christian Tarr, James M. Wallace, John Whiteside, and William Wilson. From Maryland-Thomas Bayley, Thomas Culbreth, John C. Herbert, Peter Little, George Peter, Philip Reed, Samuel Smith, and Philip Stuart. From Virginia-Archibald Austin, Philip P. Barbour, William A. Burwell, John Floyd, Robert S. Garnett, William J. Lewis, William McCoy, Charles F. Mercer, Hugh Nelson, Thomas Newton, James Pindall, James Pleasants, Alexander Smyth, and Henry St. George Tucker. From South Carolina-Joseph Bellinger, Henry Middleton, and Sterling Tucker. From Georgia-Zadock Cook, Joel Crawford, John Forsyth, and William Terrell. From Kentucky-Joseph Desha, Richard M. Johnson, Anthony New, Tunstall Quarles, George Robertson, Thomas Speed, David Trimble, and David Walker. From Tennessee-Thomas Claiborne, Francis Jones, and John Rhea. From Ohio-John W. Campbell, and William Henry Harrison. From Indiana-William Hendricks. The following members elected to supply vacancies in the House, also appeared, were qualified, and took their seats, viz: Mr. Parris, resigned. Mr. Holmes, resigned. From Pennsylvania, SAMUEL MOORE, vice Mr. Ingham, resigned, and JACOB HOSTETTER, vice Mr Spangler, resigned. From Virginia, JOHN PEGRAM, Vice Mr. Goodwyn, deceased. From Louisiana, THOMAS BUTLER, vice Mr. Robertson, resigned. JOHN SCOTT, the delegate from the Territory of Missouri, and JOHN CROWEL, the delegate from the Territory of Alabama, also appeared and took their seats. changed with the Senate to that effect. A quorum being present, messages were ex Messrs. TAYLOR and BALDWIN were appointed on the part of this House, on the joint committee for waiting on the President. The SPEAKER laid before the House a copy of the constitution of the State of Illinois, adopted in convention at Kaskaskia, on the 26th day of August, 1818; which was ordered to lie on the table. NOVEMBER, 1818.] State of Illinois-Question of Swearing in its Representative. TUESDAY, November 17. Several other members, to wit: from Massachusetts, WALTER FOLGER, jr., and JOHN WILSON; from New York, BENJAMIN ELLICOTT and DAVID A. OGDEN; from Delaware, LOUIS MOLANE; from Virginia, THOMAS M. NELSON, BALLARD SMITH, and EDWARD COLSTON; from North Carolina, JAMES OWEN; from Georgia, THOMAS W. COBB; from Tennessee, SAMUEL HOGG; and from Ohio, PHILEMON BEECHER and LEVI BARBER, appeared, and took their seats. Mr. TAYLOR, from the joint committee appointed to wait on the President of the United States, reported that they had discharged that duty, and that the President informed the committee he would this day make a communication to the two Houses of Congress. WEDNESDAY, November 18. Several other members, to wit: from New York, JOHN R. DRAKE, JAMES PORTER, and JOHN C. SPENCER; from Virginia, BURWELL BASSETT; and from Tennessee, WILLIAM G. BLOUNT, appeared, and took their seats. THURSDAY, November 19. Three other members, to wit: from Massachusetts, JEREMIAH NELSON; from Pennsylvania, WILLIAM MAOLAY; and from Kentucky, RICHARD C. ANDERSON, jr., appeared, and took their seats. The SPEAKER laid before the House a letter from the Governor of the State of Pennsylvania, enclosing the credentials of SAMUEL MOORE, as a member of this House, in the room of Samuel D. Ingham, resigned; which was referred to the Committee of Elections. State of Illinois Question of Swearing in its Representative. Mr. MOLEAN, Representative from the new State of Illinois, being in attendance The SPEAKER stated to the House a difficulty which he felt in deciding upon the propriety of administering the oath to him, in consequence of Congress not having concluded the act of admission of the State into the Union. Under this difficulty, he submitted the question to the decision of the House. Mr. POINDEXTER, of Mississippi, said he thought it incumbent on the House, before admitting the Representative to a seat, to examine the constitution just laid before it, to see, first, whether the requisitions of the act of last session were complied with; and, secondly, whether the form of government established was republican, which the United States were bound to guarantee. He illustrated the irregularity of a different procedure, by putting the case that the member was admitted to a seat, allowed to vote on important questions, and the constitution subsequently rejected. Mr. HARRISON, of Ohio, wished a different course to be pursued, and one for which he ad [H. OF R. duced precedent, in the case of the Representative from one of the States lately admitted. The House had taken for granted the fact of a compliance with the law, and of the republican form of government established, and had admitted the member without question to his seat. In the present case, Mr. H. was unwilling to depart from the precedent, for mere form's sake. Mr. PITKIN, of Connecticut, said that this was a question which, he believed, had never He before been presented to the House. thought, for himself, that, before admitting a Representative to a seat, the question, whether the people who elected him were a State, ought to be decided. To the decision of this question, several things were necessary; for instance, the law of last session required that the Territory in question should have had a certain population, to justify its forming a constitution and State government. This fact ought to be officially established, &c., and the resolution of admission passed, before a Representative took his seat. The question having been put, it was decided apparently by a large majority that the SPEAKER should not at this time administer the oath of office. Ordered, That the constitution of the State of Illinois be referred to a select committee; and Messrs. ANDERSON, of Kentucky, POINDEXTER, and HENDRICKS, were appointed the said committee. FRIDAY, November 20. The SPEAKER presented a memorial and petition of Matthew Lyon, formerly a member of the House of Representatives from the State of Vermont, detailing the circumstances attending his prosecution for sedition, in the year 1798, and complaining of the unconstitutionality of the act under which he was prosecuted, of illegality in the proceedings of the court, and of the fine which he was compelled to pay, and the imprisonment he suffered; and also setting forth the iniquity of the motives which prompted the said prosecution; and praying that the amount of the said fine, with the interest thereon, may be granted to him, together with such sum as Congress may think a just indemnity for his being dragged from his home, his family, friends, and business, and thrown into a loathsome dungeon, where he suffered every species of hardship and indignity, which the most prosecuting spirit could devise, for four months. Mr. WILLIAMS, of North Carolina, moved to refer the petition to the Judiciary Committee. Mr. EDWARDS, of North Carolina, thought, that, as this petition embraced a claim, it would be proper to let it take the course of all other claims, by referring it to the Committee of Claims. Mr. WILLIAMS said, though it was a claim, it was a claim arising from the operation of a law H. OF R.] District of Columbia. [NOVEMBER, 1818. District of Columbia. The SPEAKER also laid before the House a letter from William Cranch, Chief Justice of the circuit court of the United States, for the District of Columbia, transmitting a code of jurisprudence for the said district, prepared of the country supposed by the petitioner to be unconstitutional. Who could so well determine a question with regard to the constitutionality or unconstitutionality of a law, as the Judiciary Committee? Such cases had been usually referred to that committee; and even at the last session that committee had been direct-(by him) under the authority of the act of the ed to inquire into a fraud, said to have been committed in one of the courts of the United States. On motion of Mr. SPENCER, of New York, the petition was read through, and was then referred to the Committee on the Judiciary. State of Illinois. Mr. ANDERSON, of Kentucky, from the select committee, to whom was referred the constitution of the State of Illinois, reported a resolution, declaring the admission of the State of Illinois into the Union, on an equal footing with the original States. The resolution was read a first and second time.-Mr. ANDERSON proposed that it should be engrossed for a third reading. Mr. SPENCER, of New York, inquired whether it appeared, from any documents transmitted to Congress, that the State had the number of inhabitants required by the law of the last session, as a preliminary to its formation of a constitution. 29th of April, 1816, entitled "An act authorizing the Judges of the circuit court, and the Attorney for the District of Columbia, to prepare a code of jurisprudence for the said district," which was referred to a select committee; and Messrs. HERBERT, CULBRETH, GARNETT, WILLIAMS of Connecticut, and ADAMS, were appointed the said committee. The letter is as follows: It is to be regretted, that the engagements of the gentlemen intended by that act to have been associated with him in the business, have deprived the public of the benefit of their labors. This circumstance will in part account for the lateness of the period at which Mr. ANDERSON said that the committee had the report is made. It is, however, a work which no information on that subject before them, be- could not have been hastily done; for, although the yond what was contained in the preamble to district is small, yet almost every case requiring the the constitution, which states, that the requisi-interposition of law, which can arise in the largest tions of the act of Congress had been complied nation, may arise in this district, and ought to be with, and that the convention had therefore provided for. proceeded to the formation of a constitution. Mr. A said, the committee had considered that evidence sufficient; and he had, in addition, himself seen, in the newspapers, evidence sufficient to satisfy him of the fact, that the population did amount to forty thousand souls, the number required. The resolve was then ordered to be engrossed for a third reading. MONDAY, November 23. Several other members, to wit: from New York, DANIEL CRUGER, PETER H. WENDOVER, and CALEB TOMPKINS; from South Carolina, JAMES ERVIN, ELIAS EARLE, and ELDRED SIMKINS, appeared, and took their seats. In preparing a substitute for the existing statute law it was necessary, if possible, to ascertain what that law was. This was not an easy task. By the act of Congress, of the 27th of February, 1801, the laws of Virginia, as they then existed, were to remain in force in that part of the district which was ceded by Virginia, and the laws of Maryland in that part which was ceded by Maryland. The laws thus adopted, consisted of so much of the common law of England as was applicable to the situation of this country; of the bills of rights, constitution, and statutes of Virginia and Maryland, modified by the Constitution and laws of the United States, and, also, (in regard to that part of the district which was ceded by the State of Maryland,) of such of the English statutes as existed at the time of the first emigration to Maryland," and which, by experience, had been found applicable to their local and other circumstances, and of such others as had been since made in England or Great Britain, and had been introduced, used, and practised by the courts of law or equity" of that State. Mr. HUGH NELSON presented a memorial of William Lambert, accompanied with abstracts of astronomical calculations, to ascertain the longitude of the Capitol in this city, from the To ascertain, therefore, what was the existing statobservatory of Greenwich in England, solicit- ute law, it was necessary to know what statutes of ing the adoption of measures authorizing addi-England, enacted before the first emigration to Mational observations to be made to test the accuracy of the result already obtained; which was referred to a select committee; and Messrs. HUGH NELSON, FOLGER, SEYBERT, CRAWFORD, and BATEMAN, were appointed the said committee. ryland, had by experience been found applicable to the local and other circumstances of the country, and what statutes since made in England or Great Brit ain, had been introduced, used, and practised by the courts of law or equity in that State : and also what statutes of England or Great Britain had been oxpressly re-enacted by the State of Virginia. Internal revenue and direct tax To obtain this knowledge with as much certainty | Customs as the nature of the case would permit, it was necessary to examine minutely the English and British statutes, and compare them with the statutes enacted by Virginia and Maryland. From these three systems of statutes, to select such as were most important and best adapted to the circumstances of the district; to supply such defects as were discovered, and to combine the whole into one code-required more deliberation, and occupied more time, than was anticipated. These circumstances must account for the apparent delay in making the present report, which is even now submitted with much diffidence. With high consideration, the undersigned has the honor to be, sir, your obedient servant, Hon. HENRY CLAY, W. CRANCH. Speaker House of Representatives. Annual Treasury Report. The SPEAKER laid before the House a letter from the Secretary of the Treasury, transmitting his annual report upon the state of the finances; which was ordered to lie on the table. The report is as follows: TREASURY DEPARTMENT, Nov. 21, 1818. In obedience to the directions of the "Act supplementary to the Act to establish the Treasury Department," the Secretary of the Treasury respectfully submits the following report and estimates: Revenue. The net revenue arising from duties upon imports and tonnage, internal duties, direct tax, public lands, postage, and incidental receipts, during the year 1816, amounted to $36,743,574 07, viz: Customs Interest upon bank dividends And the payments into the Treasu- are estimated at Making the total amount estimated Makes the aggregate amount of Civil, diplomatic, and miscellaneous expenses Military service, in- for in crease of the Navy 2,383,000 00 [H. or P. $13,401,409 65 993,574 36 1,875,731 20 525,000 00 49,438 19 322,708 86 $17,167,862 26 5,000,000 00 22,167,862 26 6,179,883 38 $28,347,745 64 5,467,267 69 appropriation $27,569,769 71 the gradual Public debt, exclu Public lands, exclusive of Mississippi stock Postage and incidental receipts 237,840 53 520,000 00 1,175,000 00 312,187 38 Naval service 575,000 00 notes, which have cellaneous expenses And that which accrued from the same sources during the year 1817, amounted to $24,387,993 08, viz: Customs (see statement A) Internal duties and direct tax (see statement B) Public lands exclusive of Mississippi stock (see statement C) Postage and incidental receipts $24,387,993 08 |