MONDAY, December 2, 1833. Link to Annals.

Present,

From the State of New Hampshire,

The Honorable

Samuel Bell,

Isaac Hill.

From the State of Massachusetts,

The Honorable Nathaniel Silsbee.

From the State of Rhode Island and Providence Plantations,

The Honorable

Nehemiah R. Knight,

Asher Robbins.

From the State of Connecticut,

The Honorable

Nathan Smith,

Gideon Tomlinson.

From the State of Vermont,

The Honorable

Samuel Prentiss,

Benjamin Swift.

From the State of New York,

The Honorable

Nathaniel P. Tallmadge,

Silas Wright, jr.

From the State of New Jersey,

The Honorable Theodore Frelinghuysen.

From the State of Pennsylvania,

The Honorable William Wilkins.

From the State of Delaware,

The Honorable Arnold Naudain.

From the State of Maryland,

The Honorable

Ezekiel F. Chambers,

Joseph Kent.

From the State of Virginia,

The Honorable

William C. Rives,

John Tyler.

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From the State of North Carolina,

The Honorable

Bedford Brown,

Willie P. Mangum.

From the State of Kentucky,

The Honorable

George M. Bibb,

Henry Clay.

From the State of Tennessee,

The Honorable

Felix Grundy,

Hugh Lawson White.

From the State of Ohio,

The Honorable

Thomas Ewing,

Thomas Morris.

From the State of Indiana,

The Honorable

William Hendricks,

John Tipton.

From the State of Mississippi,

The Honorable George Poindexter.

From the State of Illinois,

The Honorable

Elias K. Kane,

John M. Robinson.

From the State of Alabama,

The Honorable

William R. King,

Gabriel Moore.

From the State of Maine,

The Honorable Ether Shepley.

From the State of Missouri,

The Honorable Thomas H. Benton.

The Honorable Hugh Lawson White, President of the Senate pro tempore, resumed the chair.

The President communicated the credentials of the Honorable Nathaniel P. Tallmadge, appointed a Senator by the Legislature of the State of New York, for the term of six years, commencing on the 4th day of March last; and

The credentials of the Honorable Thomas Morris, appointed a Senator by the Legislature of the State of Ohio, for the term of six years, commencing on the 4th day of March last; which were severally read; and the oath prescribed by law was administered to Mr. Tallmadge and Mr. Morris, and they took their seats in the Senate.

Mr. Mangum communicated the credentials of the Honorable Felix Grundy, appointed a Senator by the Legislature of the State of Tennessee, for the term of six years, commencing on the 4th day of March last,

Mr. Prentiss communicated the credentials of the Honorable Benjamin 0005 5 Swift, appointed a Senator by the Legislature of the State of Vermont, for the term of six year, commencing on the 4th day of March last;

Mr. Tomlinson communicated the credentials of the Honorable Nathan Smith, appointed a Senator by the Legislature of the State of Connecticut, or the term of six years, commencing on the 4th day of March last; and

Mr. Chambers communicated the credentials of the Honorable Joseph Kent, appointed a senator by the Legislature of the State of Maryland, for the term of six years from the 3d day of March last; which were severally read; and the oath prescribed by law was administered to Mr. Grundy, Mr. Swift, Mr. Smith, and Mr. Kent, and they took their seats in the Senate.

The Honorable Ether Shepley, appointed a Senator by the Legislature of the State of Maine, for the term of six years from the third day of March last, produced his credentials; which were read; and the oath prescribed by law was administered to him, and he took his seat in the Senate.

The Honorable Thomas H. Benton, from the State of Missouri, the Honorable Arnold Naudain, from the State of Delaware, the Honorable John Tipton, from the State of Indiana, and the Honorable John Tyler, from the State of Virginia, whose credentials were received during the last session, severally attended, and the oath prescribed by law was administered to them, and they took their seats in the Senate.

The President communicated an act of the General Assembly of the State of Rhode Island and Providence Plantations, declaring void the election, by the General Assembly of that State, on the 19th of January last, of Asher Robbins to the office of Senator to represent that State in the Senate of the United States for the term of six years from the third day of March last; and the certificate of the Governor and Secretary of that State, of the election, by the said General Assembly, of Elisha R. Potter to the same office; which act and certificate were read; and,

On motion by Mr. Poindexter,

Ordered , That they be laid on the table.

On motion by Mr. Poindexter,

That the oath prescribed by law be now administered to Mr. Robbins, whose credentials were received at the last session,

A motion was made by Mr. Benton,

That said motion be referred to a select committee, to consider and report thereon.

It was determined in the negative,

Yeas, 15,

Nays, 19.

On motion by Mr. Benton,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative, are,

Messrs. Benton, Brown, Grundy, Hill, Kane, King, of Alabama, Morris, Rives, Robinson, Shepley, Tallmadge, Tipton, White, Wilkins, Wright.

Those who voted in the negative, are,

Messrs. Bell, Bibb, Chambers, Clay, Ewing, Frelinghuysen, Hendricks, Kent, Knight, Mangum, Moore, Naudain, Poindexter, Prentiss, Silsbee, Smith, Swift, Tomlinson, Tyler.

The question recurring on the motion by Mr. Poindexter, “That the Oath prescribed by law be administered to Mr. Robbins,”

It was determined in the affirmative; and the oath was accordingly administered to Mr. Robbins, and he took his seat in the Senate.

On motion by Mr. King, of Alabama,

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Ordered , That the Secretary acquaint the House of Representatives that a quorum of the Senate is assembled, and ready to proceed to business.

On motion by Mr. Grundy, and by unanimous consent,

Resolved , That a committee be appointed on the part of the Senate, to join such committee as may be appointed by the House of Representatives, to wait on the President of the United States, and inform him that Congress is assembled, and ready to receive any communication he may be pleased to make.

Ordered , That Mr. Grundy and Mr. Wilkins be the committee on the part of the Senate.

Ordered , That the Secretary request the concurrence of the House of Representatives in the foregoing resolution.

On motion by Mr. Knight, and by unanimous consent,

Resolved , That each Senator be supplied, during the present session, with three such newspapers, printed in any of the States, as he may choose: provided the same be furnished at the usual rate for the annual charge of such papers: and provided, also, that if any Senator shall choose to take any newspapers other than daily papers, he shall be supplied with as many such papers as shall not exceed the price of three daily papers.

On motion by Mr. Benton,

Resolved unanimously , That the members of the Senate, from a sincere desire of showing every mark of respect due to the memory of the Honorable Alexander Buckner, deceased, their late associate, will go into mourning for him for one month, by the usual mode of wearing crape around the left arm.

On motion by Mr. Clay,

Resolved unanimously , That the members of the Senate, from a sincere desire of showing every mark of respect due to the memory of the Honorable Josiah S. Johnston, deceased, their late associate, will go into mourning for him for one month, by the usual mode of wearing crape around the left arm,

The Senate then adjourned.

TUESDAY, December 3, 1833. Link to Annals.

The Honorable John Forsyth, from the State of Georgia, attended.

A message from the House of Representatives, by Mr. Franklin, their clerk.

Mr. President: I am directed to inform the Senate that a quorum of the House of Representatives has assembled; that Andrew Stevenson, of Virginia, has been elected Speaker thereof; and that it is now ready to proceed to business.

The House of Representatives have concurred in the resolution for the appointment of a joint committee to inform the President of the United States that a quorum of the two Houses is assembled, and that Congress is ready to receive any communications he may be pleased to make; and have appointed Mr. Ward and Mr. Speight, of the committee, on their part.

Mr. Grundy, from the joint committee last mentioned, reported that the committee had performed the duties assigned to it, and that the President of the United States replied that he would make a communication, in writing, to the two Houses of Congress, this day at one o'clock.

The following written message was received from the President of the United States, by Mr. Donelson, his secretary:

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Fellow-citizens of the Senate and House of Representatives:

On your assembling to perform the high trusts which the people of the United States have confided to you, of legislating for their common welfare, it gives me pleasure to congratulate you upon the happy condition of our beloved country. By the favor of Divine Providence, health is again restored to us: peace reigns within our borders: abundance crowns the labors of our fields: commerce and domestic industry flourish and increase: and individual happiness rewards the private virtue and enterprise of our citizens.

Our condition abroad is no less honorable than it is prosperous at home. Seeking nothing that is not right, and determined to submit to nothing that is wrong, but desiring honest friendships and liberal intercourse with all nations, the United States have gained throughout the world the confidence and respect which are due to a policy so just and so congenial to the character of the American people, and to the spirit of their institutions.

In bringing to your notice the particular state of our foreign affairs, it affords me high gratification to inform you, that they are in a condition which promises the continuance of friendship with all nations.

With Great Britain, the interesting question of our northeastern boundary remains grill undecided. A negotiation, however, upon that subject, has been renewed since the close of the last Congress; and a proposition has been submitted to the British Government with the view of establishing, in conformity with the resolution of the Senate, the line designated by the treaty of 1783. Though no definitive answer has been received, it may be daily looked for, and I entertain a hope that the overture may ultimately lead to a satisfactory adjustment of this important matter.

I have the satisfaction to inform you that a negotiation which, by desire of the House of Representatives, was opened, some years ago, with the British Government for the erection of light-houses on the Bahamas, has been successful. Those works, when completed, together with those which the United States have constructed on the western side of the Gulf of Florida, will contribute essentially to the safety of navigation in that sea. This joint participation in establishments interesting to humanity and beneficial to commerce, is worthy of two enlightened nations, and indicates feelings which cannot fail to have a happy influence upon their political relations. It is gratifying to the friends of both, to perceive that the intercourse between the two people is becoming daily more extensive, and that sentiments of mutual good will have grown up, befitting their common origin, and justifying the hope that, by wise counsels on each side, not only unsettled questions may be satisfactorily terminated, but new causes of misunderstanding prevented.

Notwithstanding that I continue to receive the most amicable assurances from the Government of France, and that, in all other respects, the most friendly relations exist between the United States and that Government, it is to be regretted that the stipulations of the convention concluded on the 4th July, 1831, remain in some important parts unfulfilled.

By the second article of that convention, it was stipulated that the sum payable to the United States should be paid at Paris, in six annual instalments, into the hands of such person or persons as should be authorized by the Government of the United States to receive it; and, by the same article, the first instalment was payable on the second day of February, 1833. By the act of Congress of the 13th July, 1832, it was made the duty of the 0008 8 Secretary of the Treasury to cause the several instalments, with the interest thereon, to be received from the French Government, and transferred to the United States, in such manner as he may deem best; and by the same act of Congress, the stipulations on the part of the United States in the convention were, in all respects, fulfilled. Not doubting that a treaty thus made and ratified by the two Governments, and faithfully executed by the United States, would be promptly complied with by the other party, and desiring to avoid the risk and expense of intermediate agencies, the Secretary of the Treasury deemed it advisable to receive and transfer the first instalment by means of a draft upon the French Minister of Finance. A draft for this purpose was accordingly drawn in favor of the Cashier of the Bank of the United States, for the amount accruing to the United States out of the first instalment, and the interest payable with it. This bill was not drawn at Washington until five days after the instalment was payable at Paris, and was accompanied by a special authority from the President, authorizing the Cashier or his assigns to receive the amount. The mode thus adopted of receiving the instalment was officially made known to the French Government by the American Chargé d'Affaires at Paris, pursuant to instructions from the Department of State. The bill, however, though not presented for payment until the twenty-third day of March, was not paid, and for the reason assigned by the French Minister of Finance, that no appropriation had been made by the French Chambers. It is not known to me that, up to that period, any appropriation had been required of the Chambers; and although a communication was subsequently made to the Chambers, by direction of the King, recommending that the necessary provision should be made for carrying the convention into effect, it was at an advanced period of the session, and the subject was finally postponed until the next meeting of the Chambers.

Nowithstanding it has been supposed by the French ministry that the financial stipulations of the treaty cannot be carried into effect without an appropriation by the Chambers, it appears to me to be not only consistent with the charter of France, but due to the character of both Governments, as well as to the rights of our citizens, to treat the convention made and ratified in proper form, as pledging the good faith of the French Government for its execution, and as imposing upon each department an obligation to fulfil it; and I have received assurances through our Charge d'Affaires at Paris, and the French Minister Plenipotentiary at Washington, and more recently through the minister of the United States at Paris, that the delay has not proceeded from any indisposition on the part of the King and his ministers to fulfil the treaty, and that measures will be presented at the next meeting of the Chambers, and with a reasonable hope of success, to obtain the necessary appropriation.

It is necessary to state, however, that the documents, except certain lists of vessels captured, condemned, or burnt at sea, proper to facilitate the examination and liquidation of the reclamations comprised in the stipulations of the convention, and which, by the 6th article, France engaged to communicate to the United States by the intermediary of the legation, though repeatedly applied for by the American Chargé d'Affaires, under instructions from this Government, have not yet been communicated; and this delay, it is apprehended, will necessarily prevent the completion of the duties assigned to the commissioners within the time at present prescribed by law.

The reasons for delaying to communicate these documents have not been explicitly stated; and this is the more to be regretted, as it is not understood 0009 9 that the interposition of the Chambers is in any manner required for the de livery of those papers.

Under these circumstances, in a case so important to the interests of our citizens and to the character of our country, and under disappointments so unexpected, I deemed it my duty, however I might respect the general assurances to which I have adverted, no longer to delay the appointment of a Minister Plenipotentiary to Paris, but to despatch him in season to communicate the result of his application to the French Government at an early period of your session. I accordingly appointed a distinguished citizen for this purpose, who proceeded on his mission in August last, and was presented to the King early in the month of October. He is particularly instructed as to all matters connected with the present posture of affairs, and I indulge the hope that, with the representations he is instructed to make, and from the disposition manifested by the King and his ministers in their recent assurances to our minister at Paris, the subject will be early considered, and satisfactorily disposed of, at the next meeting of the Chambers.

As this subject involves important interests, and has attracted a considerable share of the public attention, I have deemed it proper to make this explicit statement of its actual condition; and, should I be disappointed in the hope now entertained, the subject will be again brought to the notice of Congress in such manner as the occasion may require.

The friendly relations which have always been maintained between the United States and Russia have been further extended and strengthened by the treaty of navigation and commerce concluded on the 6th of December last, and sanctioned by the Senate before the close of its last session. The ratifications having been since exchanged, the liberal provisions of the treaty are now in full force; and, under the encouragement which they have secured, a flourishing and increasing commerce, yielding its benefits to the enterprise of both nations, affords to each the just recompense of wise measures, and adds new motives for that mutual friendship which the two countries have hitherto cherished towards each other.

It affords me peculiar satisfaction to state that the Government of Spain has at length yielded to the justice of the claims which have been so long urged in behalf of our citizens, and has expressed a willingness to provide an indemnification as soon as the proper amount can be agreed upon. Upon this latter point, it is probable an understanding had taken place between the minister of the United States and the Spanish Government, before the decease of the late King of Spain; and, unless that event may have delaye? its completion, there is reason to hope that it may be in my power to announce to you, early in your present session, the conclusion of a convention upon terms not less favorable than those entered into for similar objects with other nations. That act of justice would well accord with the character of Spain, and is due to the United States from their ancient friend. It could not fail to strengthen the sentiments of amity and good will between the two nations which it is so much the wish of the United States to cherish, and so truly the interest of both to maintain.

By the first section of an act of Congress passed on the 13th of July, 1832, the tonnage duly on Spanish ships arriving from the ports of Spain was limited to the duty payable on American vessels in the ports of Spain, previous to the 20th October, 1817, being five Cents per ton. That act was intended to give effect, on our side, to an arrangement made with the Spanish Government, by which discriminating duties of tonnage were to be abolished 2 0010 10 in the ports of the United States and Spain, on the vessels of the two nations. Pursuant to that arrangement, which was carried into effect on the part of Spain, on the 20th of May, 1832, by a royal order dated the 29th April, 1832, American vessels in the ports of Spain have paid five cents per ton, which rate of duty is also paid in those ports by Spanish ships: but, as American vessels pay no tonnage duty in the ports of the United States, the duty of five cents payable in our ports by Spanish vessels, under the act above mentioned, is really a discriminating duty, operating to the disadvantage of Spain. Though no complaint has yet been made on the part of Spain, we are not the less bound by the obligations of good faith to remove the discrimination; and I recommend that the act be amended accordingly. As the royal order above alluded to, includes the ports of the Balearic and Canary islands, as well as those of Spain, it would seem that the provisions of the act of Congress should be equally extensive; and that, for the repayment of such duties as may have been improperly received, an addition should be made to the sum appropriated at the last session of Congress for refunding discriminating duties.

As the arrangement referred to, however, did not embrace the islands of Cuba and Puerto Rico, discriminating duties, to the prejudice of American shipping, continue to be levied there. From the extent of the commerce carried on between the United States and those islands, particularly the former, this discrimination causes serious injury to one of those great national interests which it has been considered an essential part of our policy to cherish, and has given rise to complaints on the part of our merchants. Under instructions given to our minister at Madrid, earnest representations have been made by him to the Spanish Government upon this subject, and there is reason to expect, from the friendly disposition which is entertained towards this country, that a beneficial change will be produced. The disadvantage, however, to which our shipping is subjected by the operation of these discriminating duties, requires that they be met by suitable countervailing duties during your present session—power being at the same time vested in the President to modify or discontinue them as the discriminating duties on American vessels or their cargoes may be modified or discontinued at those islands. Intimations have been given to the Spanish Government, that the United States may be obliged to resort to such measures as are of necessary self-defence, and there is no reason to apprehend that it would be unfavorably received. The proposed proceeding, if adopted, would not be permitted, however, in any degree to induce a relaxation in the efforts of our minister to effect a repeal of this irregularity by friendly negotiation; and it might serve to give force to his representations, by showing the dangers to which that valuable trade is exposed by the obstructions and burdens which a system of discriminating and countervailing duties necessarily produces.

The selection and preparation of the Florida archives, for the purpose of being delivered over to the United States in conformity with the royal order, as mentioned in my last annual message, though in progress, has not yet been completed. This delay has been produced, partly by causes which were unavoidable, particularly the prevalence of the cholera at Havana; but measures have been taken which it is believed will expedite the delivery of those important records.

Congress were informed at the opening of the last session that, “owing, as was alleged, to embarrassments in the finances of Portugal, consequent 0011 11 upon the civil war in which that nation was engaged,” payment had been made of only one instalment of the amount which the Portuguese Government had stipulated to pay for indemnifying our citizens for property illegally captured in the blockade of Terceira. Since that time, a postponement for two years, with interest, of the two remaining instalments, was requested by the Portuguese Government; and, as a consideration, it offered to stipulate that rice of the United States should be admitted into Portugal at the same duties as Brazilian rice. Being satisfied that no better arrangement could be made, my consent was given, and a royal order of the King of Portugal was accordingly issued, on the 4th of February last, for the reduction of the duty on rice of the United States. It would give me great pleasure if, in speaking of that country, in whose prosperity the United States are so much interested, and with whom a long subsisting, extensive, and mutually advantageous commercial intercourse has strengthened the relations of friendship, I could announce to you the restoration of its internal tranquillity.

Subsequently to the commencement of the last session of Congress, the final instalment payable by Denmark, under the convention of the 28th day of March, 1830, was received. The commissioners for examining the claims, have sinced terminated their labors, and their awards have been paid at the Treasury as they have been called for. The justice rendered to our citizens by that Government is thus completed, and a pledge is thereby afforded for the maintenance of that friendly intercouse becoming the relations that the two nations mutually bear to each other.

It is satisfactory to inform you that the Danish Government have recently issued an ordinance by which the commerce with the island of St. Croix is placed on a more liberal footing than heretofore. This change cannot fail to prove beneficial to the trade between the United States and that colony; and the advantages likely to flow from it may lead to greater relaxations in the colonial systems of other nations.

The ratifications of the convention with the King of the Two Sicilies have been duly exchanged, and the commissioners appointed for examining the claims under it, have entered upon the duties assigned to them by law. The friendship that the interests of the two nations require of them, being now established, it may be hoped that each will enjoy the benefits which a liberal commerce should yield to both.

A treaty of amity and commerce between the United States and Belgium was concluded during the last winter, and received the sanction of the Senate; but the exchange of the ratifications has been hitherto delayed, in consequence, in the first instance, of some delay in the reception of the treaty at Brussels, and, subsequently, of the absence of the Belgian Minister of Foreign Affairs at the important conferences in which his Government is engaged at London.

That treaty does but embody those enlarged principles of friendly policy which, it is sincerely hoped, will always regulate the conduct of the two nations having such strong motives to maintain amicable relations towards each other, and so sincerely desirous to cherish them.

With all the other European powers with whom the United States have formed diplomatic relations, and with the Sublime Porte, the best understanding prevails. From all, I continue to receive assurances of good will towards the United States,—assurances which it gives me no less pleasure to reciprocate than to receive. With all, the engagements which have been 0012 12 entered into are fulfilled with good faith on both sides. Measures have also been taken to enlarge our friendly relations, and extend our commercial intercourse with other States. The system we have pursued of aiming at no exclusive advantanges, of dealing with all on terms of fair and equal reciprocity, and of adhering scrupulously to all our engagements, is well calculated to give success to efforts intended to be mutually beneficial.

The wars of which the southern part of this continent was, so long, the theatre, and which were carried on, either by the mother country against the States which had formerly been her colonies, or by the States against each other, having terminated, and their civil dissensions having so far subsided as, with few exceptions, no longer to disturb the public tranquillity, it is earnestly hoped those States will be able to employ themselves without interruption in perfecting their institutions, cultivating the arts of peace, and promoting, by wise councils and able exertions, the public and private prosperity which their patriotic struggles so well entitle them to enjoy.

With those States our relations have undergone but little change during the present year. No re-union having yet taken place between the States which composed the Republic of Colombia, our Chargé d'Affaires at Bogota has been accredited to the Government of New Grenada, and we have therefore no diplomatic relations with Venezuela and Equator, except as they may be included in those heretofore formed with the Colombian Republic. It is understood that representatives from the three States were about to assemble at Bogota to confer on the subject of their mutual interests, particularly that of their union; and if the result should render it necessary, measures will be taken on our part to preserve with each that friendship, and those liberal commercial connexions, which it has been the constant desire of the United States to cultivate with their sister republics of this he misphere. Until the important question of re-union shall be settled, however, the different matters which have been under discussion between the United States and the Republic of Colombia, or either of the States which composed it, are not likely to be brought to a satisfactory issue.

In consequence of the illness of the Charge d'Affaires appointed to Central America at the last session of Congress, he was prevented from proceeding on his mission until the month of October. It is hoped, however, that he is by this time at his post, and that the official intercourse, unfortunately so long interrupted, has been thus renewed on the part of the two nations so amicably and advantageously connected by engagements founded on the most enlarged principles of commercial reciprocity.

It is gratifying to state that, since my last annual message, some of the most important claims of our fellow-citizens upon the Government of Brazil have been satisfactorily adjusted, and a reliance is placed on the friendly dispositions manifested by it that justice will also be done in others. No new causes of complaint have arisen; and the trade between the two countries flourishes under the encouragement secured to it by the liberal provisions of the treaty.

It is cause of regret, that, owing probably to the civil dissensions which have occupied the attention of the Mexican Government, the time fixed by the treaty of limits with the United States for the meeting of the commissioners to define the boundaries between the two nations, has been suffered to expire without the appointment of any commissioners on the part of that Government. While the true boundary remains in doubt by either party, it is difficult to give effect to those measures which are necessary to the protection 0013 13 and quiet of our numerous citizens residing near that frontier. The subject is one of great solicitude to the United States, and will not fail to receive my earnest attention.

The treaty concluded with Chili, and approved by the Senate at its last session, was also ratified by the Chilian Government, but with certain additional and explanatory articles of a nature to have required it to be again submitted to the Senate. The time limited for the exchange of the ratifications, however, having since expired, the action of both Governments on the treaty will again become necessary.

The negotiations commmenced with the Argentine Republic, relative to the outrages committed on our vessels engaged in the fisheries at the Falkland island by persons acting under the color of its authority, as well as the other matters in controversy between the two Governments, have been suspended by the departure of the Chargé d'Affaires of the United States from Buenos Ayres. It is understood, however, that a minister was subsequently appointed by that Government to renew the negotiation in the United States, but, though daily expected, he has not yet arrived in this country.

With Peru no treaty has yet been formed; and with Bolivia no diplomatic intercourse has yet been established. It will be my endeavor to encourage those sentiments of amity, and that liberal commerce, which belong to the relations in which all the independent States of this continent stand towards each other.

I deem it proper to recommend to your notice the revision of our consular system. This has become an important branch of the public service, inasmuch as it is intimately connected with the preservation of our national character abroad, with the interest of our citizens in foreign countries, with the regulation and care of our commerce, and with the protection of our seamen. At the close of the last session of Congress, I communicated a report from the Secretary of State upon the subject, to which I now refer, as containing information which may be useful in any inquiries that Congress may see fit to institute with a view to a salutary reform of the system.

It gives me great pleasure to congratulate you upon the prosperous condition of the finances of the country, as will appear from the report which the Secretary of the Treasury will, in due time, lay before you. The receipts into the Treasury during the present year, will amount to more than thirty-two millions of dollars. The revenue derived from customs will, it is believed, be more than twenty-eight millions, and the public lands will yield about three millions. The expenditures within the year for all objects, including $2,572,240 99 on account of the public debt, will not amount to twenty-five millions: and a large balance will remain in the Treasury after satisfying all the appropriations chargeable on the revenue for the present year.

The measures taken by the Secretary of the Treasury will probably enable him to pay off, in the course of the present year, the residue of the exchanged four and a half per cent. stock redeemable on the first of January next. It has, therefore, been included in the estimated expenditures of this year, and forms a part of the sum above stated to have been paid on account of the public debt. The payment of this stock will reduce the whole debt of the United States, funded and unfunded, to the sum of $4,760,082 08. And, as provision has already been made for the four and a half per cents., above mentioned, and charged in the expenses of the present 0014 14 year, the sum lest stated is all that now remains of the national debt; and the revenue of the coming year, together with the balance now in the Treasury, will be sufficient to discharge it, after meeting the current expenses of the Government. Under the power given to the Commissioners of the Sinking Fund, it will, I have no doubt, be purchased on favorable terms within the year.

From this view of the state of the finances, and the public engagements yet to be fulfilled, you will perceive that, if Providence permits me to meet you at another session, I shall have the high gratification of announcing to you that the national debt is extinguished. I cannot refrain from expressing the pleasure I feel at the near approach of that desirable event. The short period of time within which the public debt will have been discharged, is strong evidence of the abundant resources of the country, and of the prudence and economy with which the Government has heretofore been administered. We have waged two wars since we became a nation, with one of the most powerful kingdoms in the world—both of them undertaken in defence of our dearest rights—both successfully prosecuted and honorably terminated—and many of those who partook in the first struggle as well as in the second, will have lived to see the last item of the debt incurred in these necessary, but expensive conflicts, faithfully and honestly discharged; and we shall have the proud satisfaction of bequeathing to the public servants who follow us in the administration of the Government, the rare blessing of a revenue sufficiently abundant—raised without injustice or oppression to our citizens—and unincumbered with any burdens but what they themselves shall think proper to impose upon it.

The flourishing state of the finances ought not, however, to encourage us to indulge in a lavish expenditure of the public treasure. The receipts of the present year do not furnish the test by which we are to estimate the income of the next. The changes made in our revenue system by the acts of Congress of 1832 and 1833, and more especially by the former, have swelled the receipts of the present year far beyond the amount to be expected in future years upon the reduced tariff of duties. The shortened credits on revenue bonds, and the cash duties on woollens which were introduced by the act of 1832, and took effect on the 4th of March last, have brought large sums into the Treasury in 1833, which, according to the credits formerly given, would not have been payable until 1834, and would have formed a part of the income of that year. These causes would of themselves produce a great diminution of the receipts in the year 1834, as compared with the present one; and they will be still more diminished by the reduced rates of duties which take place on the first of January next, on some of the most important and productive articles. Upon the best estimates that can be made, the receipts of the next year, with the aid of the unappropriated amount now in the Treasury, will not be much more than sufficient to meet the expenses of the year, and pay the small remnant of the national debt which yet remains unsatisfied. I cannot therefore recommend to you any alteration in the present tariff of duties. The rate as now fixed by law on the various articles was adopted at the last session of Congress as a matter of compromise with unusual unanimity, and unless it is found to produce more than the necessities of the Government call for, there would seem to be no reason at this time to justify a change.

But while I forbear to recommend any, further reduction of the duties beyond that already provided lot by the existing laws, I must earnestly and 0015 15 respectfully press upon Congress the importance of abstaining from all appropriations which are not absolutely required for the public interest, and authorized by the powers clearly delegated to the United States. We are beginning a new era in our Government. The national debt, which has so long been a burden on the Treasury, will be finally discharged in the course of the ensuing year. No more motley will afterwards be needed than what may be necessary to meet the ordinary expenses of the Government. Now, then, is the proper moment to fix our system of expenditure on firm and durable principles; and I cannot too strongly urge the necessity of a rigid economy, and an inflexible determination not to enlarge the income beyond the real necessities of the Government, and not to increase the wants of the Government by unnecessary and profuse expenditures. If a contrary course should be pursued, it may happen that the revenue of 1834 will fall short of the demands upon it: and after reducing the tariff in order to lighten the burdens of the people, and providing for a still further reduction to take effect hereafter, it would be much to be deplored if, at the end of another year, we should find ourselves obliged to retrace our steps, and impose additional taxes to meet unnecessary expenditures.

It is my duty, on this occasion, to call your attention to the destruction of the public building occupied by the Treasury Department, which happened since the last adjournment of Congress. A thorough inquiry into the causes of this loss was directed and made at the time, the result of which will be duly communicated to you. I take pleasure, however, in stating here, that, by the laudable exertions of the officers of the department, and many of the citizens of the District, but few papers were lost, and none that will materially affect the public interest.

The public convenience requires that another building should be erected as soon as practicable; and, in providing for it, it will be advisable to enlarge, in some manner, the accommodations for the public officers of the several departments, and to authorize the erection of suitable depositories for the safe keeping of the public documents and records.

Since the last adjournment of Congress, the Secretary of the Treasury has directed the money of the United States to be deposited in certain State banks designated by him, and he will immediately lay before you his reasons for this direction. I concur with him entirely in the view he has taken of the subject; and, some mouths before the removal, I urged upon the department the propriety of taking that step. The near approach of the day on which the charter will expire, as well as the conduct of the bank, appeared to me to call for this measure upon the high considerations of public interest and public duty. The extent of its misconduct, however, although known to be great, was not at that time fully developed by proof. It was not until late in the month of August, that I received from the Government directors an official report, establishing beyond question that this great and powerful institution had been actively engaged in attempting to influence the elections of the public officers by means of its money; and that, in violation of the express provisions of its charter, it had, by a formal resolution, placed its funds at the disposition of its President, to be employed in sustaining the political power of the bank. A copy of this resolution is contained in the report of the Government directors, before referred to; and however the object may be disguised by cautious language, no one can doubt that this money was in truth intended for electioneering purposes, and the particular uses to which it was proved to have been applied, abundantly 0016 16 show that it was so understood. Not only was the evidence complete as to the past application of the money and power of the bank to electioneering purposes, but that the resolution of the Board of Directors authorized the same course to be pursued in future.

It being thus established, by unquestionable proof, that the Bank of the United States was converted into a permanent electioneering engine, it appeared to me that the path of duty which the Executive department of the Government ought to pursue, was not doubtful. As by the terms of the bank charter, no officer but the Secretary of the Treasury could remove the deposites, it seemed to me that this authority ought to be at once exerted to deprive that great corporation of the support and countenance of the Government in such an use of its funds, and such an exertion of its power. In this point of the case, the question is distinctly presented, whether the people of the United States are to govern through representatives chosen by their unbiassed suffrages, or whether the money and power of a great corporation are to be secretly exerted to influence their judgment, and control their decisions. It must now be determined whether the bank is to have its candidates for all offices in the country from the highest to the lowest, or whether candidates on both sides of political questions shall be brought forward as heretofore, and supported by the usual means.

At this time, the efforts of the bank to control public opinion, through the distresses of some and the fears of others, are equally apparent, and, if possible, more objectionable. By a curtailment of its accommodations, more rapid than any emergency requires, and even while it retains specie to an almost unprecedented amount in its vaults, it is attempting to produce great embarrassment in one portion of the community, while, through presses known to have been sustained by its money, it attempts, by unfounded alarms, to create a panic in all.

These are the means by which it seems to expect that it can force a restoration of the deposites, and, as a necessary consequence, extort from Congress a renewal of its charter. I am happy to know that, through the good sense of our people, the effort to get up a panic has hitherto failed, and that, through the increased accommodations which the State banks have been enabled to afford, no public distress has followed the exertions of the bank; and it cannot be doubted that the exercise of its power, and the expenditure of its money, as well as its efforts to spread groundless alarm, will be met, and rebuked as they deserve. In my own sphere of duty, I should feel myself called on by the facts disclosed, to order a scire facias against the bank, with a view to put an end to the chartered rights it has so palpably violated, were it not that the charter itself will expire as soon as a decision would probably be obtained from the court of last resort.

I called the attention of Congress to this subject in my last annual message, and informed them that such measures as were within the reach of the Secretary of the Treasury, had been taken to enable him to judge whether the public deposites in the Bank of the United States were entirely safe; but that as his single powers might be inadequate to the object, I recommended the subject to Congress as worthy of their serious investigation, declaring it, as my opinion, that an inquiry into the transactions of that institution, embracing the branches as well as the principal bank, was called for by the credit which was given throughout the country to many serious charges impeaching their character, and which, if true, might justly excite the apprehension that they were no longer a safe depository for the public 0017 17 money. The extent to which the examination, thus recommended, was gone into, is spread upon your journals, and is too well known to require to be stated. Such as was made, resulted in a report from a majority of the Committee of Ways and Means touching certain specified points only, concluding with a resolution that the Government deposites might safely be continued in the Bank of the United States. This resolution was adopted at the close of the session by the vote of a majority of the House of Representatives.

Although I may not always be able to concur in the views of the public interest, or the duties of its agents, which may be taken by the other departments of the Government, or either of its branches, I am, notwithstanding, wholly incapable of receiving, otherwise than with the most sincere respect, all opinions or suggestions proceeding from such a source; and in respect to none am I more inclined to do so than to the House of Representatives. But it will be seen from the brief views at this time taken of the subject by myself, as well as the more ample ones presented by the Secretary of the Treasury, that the change in the deposites which has been ordered, has been deemed to be called for by considerations which are not affected by the proceedings referred to, and which, if correctly viewed by that department, rendered its act a matter of imperious duty.

Coming, as you do for the most part, immediately from the people and the States, by election, and possessing the fullest opportunity to know their sentiments, the present Congress will be sincerely solicitous to carry into full and fair effect the will of their constituents in regard to this institution. It will be for those in whose behalf we all act, to decide whether the Executive Department of the Government, in the steps which it has taken on this subject, has been found in the line of its duty.

The accompanying report of the Secretary of war, with the documents annexed to it, exhibit the operations of the War Department for the past year, and the condition of the various subjects entrusted to its administration.

It will be seen from them that the army maintains the character it has heretofore acquired for efficiency and military knowledge. Nothing has occurred since your last session to require its services beyond the ordinary routine of duties, which upon the sea-board and the inland frontier devolve upon it in a time of peace. The system, so wisely adopted and so long pursued, of constructing fortifications at exposed points, and of preparing and, collecting the supplies necessary for the military defence of the country, and thus providently furnishing in peace the means of defence in war, has been continued with the usual results. I recommend to your consideration the various subjects suggested in the report of the Secretary of War. Their adoption would promote the public service, and meliorate the condition of the army.

Our relations with the various Indian tribes have been undisturbed since the termination of the difficulties growing out of the hostile aggressions of the Sacs and Fox Indians. Several treaties have been formed for the relinquishment of territory to the United States, and for the migration of the occupants to the region assigned for their residence west of the Mississippi. Should these treaties be ratified by the Senate, provision will have been made for the removal of almost all the tribes now remaining east of that river, and for the temination of many difficult and embarrassing questions arising out of their anomalous political condition. It is to be hoped that those 3 0018 18 portions of two of the southern tribes, which, in that event, will present the only remaining difficulties, will realize the necessity of emigration, and will speedily resort to it. My original convictions upon this subject have been confirmed by the course of events for several years, and experience is every day adding to their strength. That those tribes cannot exist, surrounded by our settlements, and in continual contact with our citizens, is certain. They have neither the intelligence, the industry, the moral habits, nor the desire of improvement which are essential to any favorable change in their condition. Established in the midst of another and a superior race, and without appreciating the causes of their inferiority, or seeking to control them, they must necessarily yield to the force of circumstances, and ere long disappear. Such has been their fate heretofore, and if it is to be averted, and it is, it can only be done by a general removal beyond our boundary, and by the re-organization of their political system upon principles adapted to the new relations in which they will be placed. The experiment which has been recently made, has so far proved successful. The emigrants generally are represented to be prosperous and contented, the country suitable to their wants and habits, and the essential articles, of subsistence easily procured. When the report of the commissioners, now engaged in investigating the condition and prospects of these Indians, and in devising a plan for their intercourse and government, is received, I trust ample means of information will be in possession of the Government for adjusting all the unsettled questions connected with this interesting subject.

The operations of the navy during, the year, and its present condition, are fully exhibited in the annual report from the Navy Department.

Suggestions are made by the Secretary, of various improvements, which deserve careful consideration, and most of which, if adopted, bid fair to promote the efficiency of this important branch of the public service. Among these are the new organization of the Navy Board, the revision of the pay to officers,—and a change in the period of time, or in the manner of making the annual appropriations, to which I beg leave to call your particular attention.

The views which are presented on almost every portion of our naval concerns, and especially on the amount of force and the number of officers, and the general course of policy appropriate in the present state of our country, for securing the great and useful purposes of naval protection in peace, and due preparation for the contingencies of war, meet with my entire approbation.

It will be perceived, from the report referred to, that the fiscal concerns of the establishment are in an excellent condition; and it is hoped that Congress may feel disposed to make promptly every suitable provision desired either for preserving or improving the system.

The General Post Office Department has continued, upon the strength of its own resources, to facilitate the means of communication between the various portions of the Union with increased activity. The method, however, in which the accounts of the transportation of the mail has always been kept, appears to have presented an imperfect view of its expenses. It has recently been discovered, that, from the earliest records of the department, the annual statements have been calculated to exhibit an amount considerably short, of the actual expense incurred for that service. These illusory statements, together with the expense of carrying into effect the law of the last session of Congress establishing new mail routes, and a disposition, 0019 19 on the part of the head of the department, to gratify the wishes of the public in the extension of mail facilities, have induced him to incur responsibilities for their improvement beyond what the current resources of the department would sustain. As soon as he had discovered the imperfection of the method, he caused an investigation to be made of its results, and applied the proper remedy to correct the evil. It became necessary for him to withdraw some of the improvements which he had made, to bring the expenses of the department within its, own resources. These expenses were incurred for the public good, and the public have enjoyed their benefit. They are now hut partially suspended, and that, where they may be discontinued with the least inconvenience to the country.

The progressive increase in the income from postages has equalled the highest expectations, and it affords demonstrative evidence of the growing importance and great utility of this department. The details are exhibited in the accompanying report of the Postmaster General.

The many distressing accidents which have of late occurred in that portion of our navigation carried on by the use of steam power, deserve the immediate and unremitting attention of the constituted authorities of the country. The fact that the number of those fatal disasters is constantly increasing, notwithstanding the great improvements which are everywhere made in the machinery employed, and in the rapid advances which have been made in that branch of science, show very clearly that they are in a great degree the result of criminal negligence on the part of those by whom the vessels are navigated, and to whose care and attention the lives and property of our citizens are so extensively entrusted.

That these evils may be greatly lessened, if not substantially removed, by means of precautionary and penal legislation, seems to be highly probable: so far, therefore, as the subject can be regarded as within the constitutional purview of Congress, I earnestly recommend it to your prompt and serious consideration.

I would also call your attention to the views I have heretofore expressed of the propriety of amending the Constitution in relation to the mode of electing the President and the Vice President of the United States. Regarding it as all important to the future quiet and harmony of the people that every intermediate agency in the election of these officers should be removed, and that their eligibility should be limited to one term of either four or six years, I cannot too earnestly invite your consideration of the subject.

Trusting that your deliberations on all the topics of general interest to which I have adverted, and such others as your more extensive knowledge of the wants of our beloved country may suggest, may be crowned with success, I tender you, in conclusion, the co-operation which it may be in my power to afford them.

ANDREW JACKSON.

December 3 d , 1833.

The message was read; and,

On motion by Mr. King, of Alabama,

Ordered , That the message and documents be printed, and that 5,000 extra copies of the message, and 1,500 extra copies of the documents, be sent to the Senate.

The Senate then adjourned.

WEDNESDAY, December 4, 1833. Link to Annals.

The Honorable John C. Calhoun, from the State of South Carolina, and the Honorable Peleg Sprague, from the State of Maine, severally attended.

The President communicated a letter from the Treasurer of the United States; transmitting

General accounts of receipts and expenditures for the year 1832, and the two first quarters of the year 1833, which have been settled by the accounting officers; also, accounts of money received and paid under the act to enlarge the powers of the several corporations of the District of Columbia, for the 2d and 3d quarters of the year 1832; also, accounts of special deposites for the 1st and 3d quarters of the year 1832; and accounts of the late Treasurer of the United States for the 1st and 3d quarters of the year 1832, and the 2d quarter of the year 1833.

The President communicated a report of the Secretary of the Treasury, with his reasons for removing from the Bank of the United States and its branch, the money of the United States, to certain State banks; and,

On motion by Mr. Grundy,

Ordered , That 5,000 copies of the report, and 1,500 copies of the documents which accompany it, be printed.

A message from the House of Representatives, by Mr. Franklin, their clerk:

Mr. President: The House of Representatives have passed a resolution for the appointment of two Chaplains to Congress, of different denominations, to serve during the present session, in which they request the concurrence of the Senate.

The said resolution was read and considered; and,

On motion by Mr. Grundy,

Resolved , That the Senate concur therein.

Ordered , That the Secretary notify the House of Representatives accordingly.

On motion by Mr. Wright,

That the proceedings of the Legislature of the State of Rhode Island, now upon the table of the Senate, showing the appointment of Elisha R. Potter as a Senator to represent that State in the Senate of the United States, be referred to a select committee of five members, to inquire and report upon the claim of the said Elisha R. Potter to the seat in the Senate now occupied by the Honorable Asher Robbins; and,

On motion by Mr. Clay,

Ordered , That said motion be laid on the table.

On motion by Mr. Benton, and by unanimous consent,

Resolved , That the Secretary of the Treasury be instructed to report to the Senate upon the sufficiency of the provision made by the act of March 2d, 1833, for the satisfaction of revolutionary bounty land warrants; and whether a further appropriation of land and issue of scrip is necessary to satisfy outstanding warrants.

The Senate then adjourned.

THURSDAY, December 5, 1833. Link to Annals.

The following written message was received from the President of the United States, by Mr. Donelson, his secretary:

0021 21

To the Senate of the United States:

At the close of the last session of Congress, I received from that body a bill, entitled “An act to appropriate, for a limited time, the proceeds of the sales of the public lands of the United States, and for granting lands to certain States.” The brief period then remaining before the rising of Congress, and the extreme pressure of official duties, unavoidable on such occasions, did not leave me sufficient time for that full consideration of the subject which was due to its great importance. Subsequent consideration and reflection have, however, confirmed the objections to the bill which presented themselves to my mind upon its first perusal, and have satisfied me that it ought not to become a law. I felt myself, therefore, constrained to withhold from it my approval, and now return it to the Senate, in which it originated, with the reasons on which my dissent is founded.

I am fully sensible of the importance, as it respects both the harmony and union of the States, of making, as soon as circumstances will allow of it, a proper and final disposition of the whole subject of the public lands; and any measure for that object, providing for the reimbursement to the United States of those expenses with which they are justly chargeable, that may be consistent with my views of the constitution, sound policy, and the rights of the respective States, will readily receive my co-operation. This bill, however, is not of that character. The arrangement it contemplates is not permanent, but limited to five years only, and in its terms appears to anticipate alterations within that time at the discretion of Congress; and it furnishes no adequate security against those continued agitations of the subject which it should be the principal object of any measure for the disposition of the public lands to avert.

Neither the merits of the bill under consideration, nor the validity of the objections which I have felt it to be my duty to make to its passage, can be correctly appreciated without a full understanding of the manner in which the public lands, upon which it is intended to operate, were acquired, and the conditions upon which they are now held by the United States. I will, therefore, precede the statement of those objections by a brief, but distinct exposition of these points.

The waste lands within the United States constituted one of the early obstacles to the organization of any Government for the protection of their common interests. In October, 1777, while Congress were framing the articles of confederation, a proposition was made to amend them, to the following effect, viz.

“That the United States, in Congress assembled, shall have the sole and exclusive right and power to ascertain and fix the western boundary of such States as claim to the Mississippi or South sea, and lay out the land, beyond the boundary so ascertained, into separate and independent States, from time to time, as the numbers and circumstances of the people thereof may require.”

It was however rejected, Maryland only voting for it; and so difficult did the subject appear, that the patriots of that body agreed to waive it in the articles of confederation, and leave it for future settlement.

On the submission of the articles to the several State Legislatures for ratification, the most formidable objection was found to be in this subject of the waste lands. Maryland, Rhode Island, and New Jerseys instructed their delegates in Congress to move amendments to them, providing that the waste or crown lands should be considered the common property of the 0022 22 United States; but they were rejected. All the States, except Maryland, acceded to the articles, notwithstanding some of them did so, with the reservation that their claim to those lands, as common property, was not thereby abandoned.

On the sole ground that no declaration to that effect was contained in the articles, Maryland withheld her assent, and in May, 1779, embodied her objections in the form of instructions to her delegates, which were entered upon the journals of Congress. The following extracts are from that document, viz.

“Is it possible that those States who are ambitiously grasping at territories to which, in our judgment, they have not the least shadow of exclusive right, will use, with greater moderation, the increase of wealth and power derived from those territories when acquired, than what they have displayed in their endeavors to acquire them?” &c. &c.

“We are convinced policy and justice require that a country unsettled at the commencement of this war, claimed by the British crown, and ceded to it by the treaty of Paris, if wrested from the common enemy by the blood and treasure of the thirteen States, should be considered as a common property, subject to be parcelled, out by Congress into free, convenient, and independent governments, in such manner, and at such times, as the wisdom of that assembly shall hereafter direct,” &c. &c.

Virginia proceeded to open a land office for the sale of her western lands, which produced such excitement as to induce Congress, in October, 1779, to interpose, and earnestly recommend to “the said State, and all States similarly circumstanced, to forbear settling or issuing warrants for such unappropriated lands, or granting the same during the continuance of the present war.”

In March, 1780, the Legislature of New York passed an act tendering a cession to the United States of the claims of that State to the western territory, preceded by a preamble to the following effect, viz.

“Whereas nothing, under Divine Providence, can more effectually contribute to the tranquillity and safety of the United States of America than a federal alliance on such liberal principles as will give satisfaction to its respective members; and whereas the articles of confederation and perpetual union recommended by the honorable Congress of the United States of America have not proved acceptable to all the States, it having been conceived that a portion of the waste and uncultivated territory within the limits or claims of certain States ought to be appropriated as a common fund for the expenses of the war: and the people of the State of New York being on all occasions disposed to manifest their regard for their sister States, and their earnest desire to promote the general interest and security, and more especially to accelerate the federal alliance, by removing, as far as it depends upon them, the beforementioned impediment to its final accomplishment,” &c.

This act of New York, the instructions of Maryland, and a remonstrance of Virginia, were referred to a committee of Congress, who reported a preamble and resolutions thereon, which were adopted on the 6th September. 1780; so much of which, as is necessary to elucidate the subject, is to the following effect, viz.

“That it appears advisable to press upon those States which can remove the embarrassments respecting the western country, a liberal surrender of a portion of their territorial claims, since they cannot be preserved entire 0023 23 without endangering the stability of the general confederacy; to remind them how indispensably necessary it is to establish the federal union on a fixed and permanent basis, and on principles acceptable to all its respective members; how essential to public credit and confidence, to the support of our army, to the vigor of our counsels and success of our measures, to our tranquillity at home, our reputation abroad, to our very existence as a free, sovereign and independent people; that they are fully persuaded the wisdom of the several legislatures will lead them to a full and impartial consideration of a subject so interesting to the United States, and so necessary to the happy establishment of the federal union; that they are confirmed in these expectations by a review of the beforementioned act of the Legislature of New York, submitted to their consideration,” &c.

“ Resolved , That copies of the several papers referred to the committee be transmitted, with a copy of the report, to the legislatures of the several States; and that it be earnestly recommended to those States who have claims to the western country, to pass such laws, and give their delegates in Congress such powers, as may effectually remove the only obstacle to a final ratification of the articles of confederation; and that the Legislature of Maryland be earnestly requested to authorize their delegates in Congress to subscribe the said articles.”

Following up this policy, Congress proceeded, on the 10th October, 1780, to pass a resolution pledging the United States to the several States as to the manner in which any lands that might be ceded by them should be disposed of, the material parts of which are as follows, viz.

“ Resolved , That the unappropriated lands which may be ceded or relinquished to the United States by any particular State, pursuant to the recommendation of Congress of the 6th day of September last, shall be disposed of for the common benefit of the United States, and be settled and formed into distinct republican States; which shall become members of the federal union, and have the same rights of sovereignty, freedom, and independence, as the other States, &c. &c. That the said lands shall be granted or settled at such times, and under such regulations, as shall hereafter be agreed on by the United States in Congress assembled, or nine or more of them.”

In February, 1781, the Legislature of Maryland passed an act authorizing their delegates in Congress to sigh the articles of confederation. The following are extracts from the preamble and body of the act, viz.

“Whereas it hath been said that the common enemy is encouraged, by this State not acceding to the confederation, to hope that the union of the sister States may be dissolved, and therefore prosecutes the war in expectation of an event so disgraceful to America; and our friends and illustrious ally are impressed with an idea that the common cause would be promoted by our formally acceding to the confederation, &c.”

The act of which this is the preamble authorizes the delegates of that State to sign the articles, and proceeds to declare, “that, by acceding to the said confederation, this State doth not relinquish, nor intend to relinquish, any right or interest she hath, with the other united or confederated States, to the back country,” &c.

On the 1st of March, 1781, the delegates of Maryland signed, the articles of confederation, and the federal union, under that compact, was complete. The conflicting claims to the western lands, however, were not disposed of, and continued to give great trouble to Congress. Repeated and urgent calls were made by Congress, upon the States claiming them, to make 0024 24 liberal cessions to the United States, and it was not until long after the present constitution was formed that the grants were completed.

The deed of cession from New York was executed on the 1st of March, 1781, the day the articles of confederation were ratified; and it was accepted by Congress on the 29th October, 1782. One of the conditions of this cession, thus tendered and accepted, was, that the lands ceded to the United States “ shall be, and enure for the use and benefit of such of the United grates as shall become members of the federal alliance of the said States, and for no other use or purpose whatsoever .”

The Virginia deed of cession was executed and accepted on the 1st day of March, 1784: one of the conditions of this cession is as follows, viz.

“That all the lands within the territory, as ceded to the United States, and not reserved for, or appropriated to, any of the beforementioned purposes, or disposed of in bounties to the officers and soldiers of the American army “ shall be considered as a common fund for the use and benefit of such of the United States as have become, or shall become, members of the confederation or federal alliance of the said States, Virginia inclusive, according to their usual respective proportions in the general charge and expenditure, and shall be faithfully and bona fide disposed offer that purpose, and for no other use or purpose whatsoever .”

Within the years 1785, 1786, and 1787, Massachusetts, Connecticut, and South Carolina, ceded their claims upon similar conditions. The Federal Government went into operation, under the existing constitution, on the 4th of March, 1789. The following is the only provision of that constitution which has a direct bearing on the subject of the public lands, viz.

“The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States, and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular State.”

Thus the constitution left all the compacts before made in full force, and the rights of all parties remained the same under the new Government as they were under the confederation.

The deed of cession of North Carolina was executed in December, 1789, and accepted by an act of Congress, approved April 2d, 1790. The third condition of this cession was in the following words, viz.

“That all the lands intended to be ceded by virtue of this act to the United States of America, and not appropriated as before mentioned, shall be considered as a common fund for the use and benefit of the United States of America, North Carolina inclusive, according to their respective and usual proportions of the general charge and expenditure, and shall be faith fully disposed of for that purpose, and for no other use or purpose whatever .”

The cession of Georgia was completed on the 16th June, 1802, and in its leading condition is precisely like that of Virginia and North Carolina. This grant completed the title of the United States to all those lands generally called public lands , lying within the original limits of the confederacy. Those which have been acquired by the purchase of Louisiana and Florida, having been paid for out of the common treasure of the United States, are as much the property of the General Government, to be disposed of for the common benefit, as those ceded by the several States.

By the facts here collected from the early history of our republic, it appears that the subject of the public lands entered into the elements of its institutions. 0025 25 It was only upon the condition that those lands should be considered as common property, to be disposed of for the benefit of the United States, that some of the States agreed to come into a “perpetual union.” The States claiming those lands acceded to those views, and transferred their claims to the United States, upon certain specific conditions, and on those conditions the grants were accepted. These solemn compacts, invited by Congress in a resolution declaring the purposes to which the proceeds of these lands should be applied, originating before the constitution, and forming the basis on which it was made, bound the United States to a particular course of policy in relation to them, by ties as strong as can be invented to secure the faith of nations.

As early as May, 1785, Congress, in execution of these compacts, passed an ordinance providing for the sales of lands in the western territory, and directing the proceeds to be paid into the Treasury of the United States. With the same object, other ordinances were adopted prior to the organization of the present Government.

In further execution of these compacts, the Congress of the United States, under the present constitution, as early as the 4th of August, 1790, in “an act making provision for the debt of the United States,” enacted as follows, viz.

“That the proceeds of sales which shall be made of lands in the western territory, now belonging, or that may hereafter belong, to the United States, shall be, and are hereby, appropriated towards sinking or discharging the debts for the payment whereof the United States now are, or by virtue of this act may be holden, and shall be applied solely to that use until the said debt shall be fully satisfied.”

To secure to the Government of the United States, forever, the power to execute these compacts in good faith, the Congress of the confederation, as early as July 13th, 1787, in an ordinance for the government of the territory of the United States northwest of the river Ohio, prescribed to the people inhabiting the western territory certain conditions, which were declared to be “articles of compact between the original States and the people and States in the said territory,” which should “forever remain unalterable, unless by common consent.” In one of these articles, it is declared that—

“The legislatures of those districts, or new States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers .”

This condition has been exacted from the people of all the new Territories, and, to put its obligation beyond dispute, each new State carved out of the public domain has been required explicitly to recognize it as one of the conditions of admission into the union. Some of them have declared through their conventions, in separate acts, that their people “forever disclaim all right and title to the waste and unappropriated lands lying within this State, and that the same shall be and remain at the sole and entire disposition of the United States.”

With such care have the United States reserved to themselves, in all their acts down to this day, in legislating for the territories, and admitting States into the union, the unshackled power to execute, in good faith, the compacts of cession made with the original States. From these facts and proceedings, it plainly and certainly results: 4

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1. That one of the fundamental principles on which the confederation of the United States was originally based, was, that the waste lands of the west within their limits should be the common property of the United States.

2. That those lands were ceded to the United States by the States which claimed them, and the cessions were accepted on the express condition that they should be disposed of for the common benefit of the States, according to their respective proportions in the general charge and expenditure, and for no other purpose whatsoever.

3. That, in execution of these solemn compacts, the Congress of the United States did, under the confederation, proceed to sell these lands, and put the avails into the common treasury; and, under the new constitution, did repeatedly pledge them for the payment of the public debt of the United States, by which pledge each State was expected to profit in proportion to the general charge to be made upon it for that object.

These are the first principles of this whole subject, which, I think, cannot be contested by any one who examines the proceedings of the revolutionary Congress, the cessions of the several States, and the acts of Congress under the new constitution. Keeping them deeply impressed upon the mind, let us proceed to examine how far the objects of the cessions have been completed, and see whether those compacts are not still obligatory upon the United States.

The debt for which these lands were pledged by Congress may be considered as paid, and they are consequently released from that lien. But that pledge formed no part of the compacts with the States, or of the conditions upon which the cessions were made. It was a contract between new parties—between the United States and their creditors. Upon payment of the debt the compacts remain in full force, and the obligation of the United States to dispose of the lands for the common benefit is neither destroyed or impaired. As they cannot now be executed in that mode, the only legitimate question which can arise is, in what other way are these lands to be hereafter disposed of for the common benefit of the several States, “ according to their respective and usual proportion in the general charge and expenditure? ” The cessions of Virginia, North Carolina, and Georgia, in express terms, and all the rest impliedly, not only provide thus specifically the proportion according to which each State shall profit by the proceeds of the land sales, but they proceed to declare that they shall be “ faithfully and bona fide disposed of for that purpose, and for no other use or purpose whatsoever .” This is the fundamental law of the land at this moment, growing out of compacts which are older than the constitution, and formed the corner stone on which the union itself was erected.

In the practice of the Government, the proceeds of the public lands have not been set apart as a separate fund for the payment of the public debt, but have been, and are now, paid into the Treasury, where they constitute a part of the aggregate of revenue, upon which the Government draws as well for its current expenditures, as for payment of the public debt. In this manner they have heretofore, and do now, lessen the general charge upon the people of the several States in the exact proportions stipulated in the compacts.

These general charges have been composed not only of the public debt, and the usual expenditures attending the civil and military administrations of the Government, but of the amounts paid to the States with which these compacts wore formed; the amounts paid the Indians for their right of possession; 0027 27 the amounts paid for the purchase of Louisiana and Florida; and the amounts paid surveyors, registers, receivers, clerks, &c., employed in preparing for market, and selling, the western domain. From the origin of the land system down to the 30th September, 1832, the amount expended for all these purposes has been about 49,701,280 dollars, and the amount received from the sales, deducting payments on account of roads, &c., about 38, 386, 624 dollars. The revenue arising from the public lands, therefore, has not been sufficient to meet the general charges on the Treasury which have grown out of them, by about $11,314,656. Yet, in having been applied to lessen those charges, the conditions of the compacts have been thus far fulfilled, and each State has profitted according to its usual proportion in the general charge and expenditure. The annual proceeds of land sales have increased, and the charges have diminished; so that, at a reduced price, those lands would now defray all current charges growing out of them, and save the Treasury from further advances on their account. Their original intent and object, therefore, would be accomplished, as fully as it has hitherto been, by reducing the price, and, hereafter as heretofore, bringing the proceeds into the Treasury. Indeed, as this is the only mode in which the objects of the original compact can be attained, it may be considered, for all practical purposes, that it is one of their requirements.

The bill before me begins with an entire subversion of every one of the compacts by which the United States became possessed of their western domain, and treats the subject as if they never had existence, and as if the United States were the original and unconditional owners of all the public lands. The first section directs—

“That from and after the 31st day of December, 1832, there shall be allowed and paid to each of the States of Ohio, Indiana, Illinois, Alabama, Missouri, Mississippi, and Louisiana, over and above what each of the said States is entitled to by the terms of the compacts entered into between them, respectively, upon their admission into the union, and the United States, the sum of twelve and a half per centum upon the net amount of the sales of the public lands which, subsequent to the day aforesaid, shall be made within the several limits of the said States; which said sum of twelve and a half per centum shall be applied to some object or objects of internal improvement, or education, within the said States, under the direction of their several legislatures.”

This twelve and a half per centum is to be taken out of the net proceeds of the land sales before any apportionment is made; and the same seven States which are first to receive this proportion, are also to receive their due proportion of the residue, according to the ratio of general distribution.

Now, waiving all considerations of equity or policy in regard to this provision, what more need be said to demonstrate its objectionable character, than that it is in direct and undisguised violation of the pledge given by Congress to the States before a single cession was made; that it abrogates the condition upon which some of the States came into the union; and that it sets at nought the terms of cession spread upon the face of every grant under which the title to that portion of the public land is held by the Federal Government?

In the apportionment of the remaining seven-eighths of the proceeds, this bill, in a manner equally undisguised, violates the conditions upon which the United States acquired title to the ceded lands. Abandoning altogether the ratio of distribution according to the general charge and expenditure provided 0028 28 by the compacts, it adopts that of the federal representative population. Virginia, and other States, which ceded their lands upon the express condition that they should receive a benefit from their sales in proportion to their part of the general charge, are, by the bill, allowed only a portion of seven-eighths of their proceeds, and that not in the proportion of general charge and expenditure, but in the ratio of their federal representative population.

The constitution of the United States did not delegate to Congress, the power to abrogate these compacts. On the contrary, by declaring that nothing in it “ shall be so construed as to prejudice any claims of the United States, or of any particular State ,” it virtually provides that these compacts, and the rights they secure, shall remain untouched by the legislative power, which shall only make all “ needful rules and regulations ” for carrying them into effect. All beyond this would seem to be an assumption of undelegated power.

These ancient compacts are invaluable monuments of an age of virtue, patriotism, and disinterestedness. They exhibit the price that great States, which had won liberty, were willing to pay for that union, without which, they plainly saw, it could not be preserved. It was not for territory or State power that our revolutionary fathers took up arms—it was for individual liberty, and the right of self-government. The expulsion from the continent of British armies and British power was to them a barren conquest, if, through the collisions of the redeemed States, the individual rights for which they fought should become the prey of petty military tyrannies established at home. To avert such consequences, and throw around liberty the shield of union, States whose relative strength at the time gave them a preponderating power, magnanimously sacrificed domains which would have made them the rivals of empires, only stipulating that they should be disposed of for the common benefit of themselves and the other confederated States. This enlightened policy produced union, and has secured liberty. It has made our waste lands to swarm with a busy people, and added many powerful States to our confederation. As well for the fruits which these noble works of our ancestors have produced, as for the devotedness in which they originated, we should hesitate before we demolish them.

But there are other principles asserted in the bill, which would have impelled me to withhold my signature, had I not seen in it a violation of the compacts by which the United States acquired title to a large portion of the public lands. It re-asserts the principle contained in the bill authorizing a subscription to the stock of the Maysville, Washington, Paris, and Lexington Turnpike Road Company, from which I was compelled to withhold my consent, for reasons contained in my message of the 27th May, 1830, to the House of Representatives. The leading principle then asserted was, that Congress possesses no constitutional power to appropriate any part of the moneys of the United States for objects of a local character within the States. That principle, I cannot be mistaken in supposing, has received the unequivocal sanction of the American people, and all subsequent reflection has but satisfied me more thoroughly that the interests of our people, and the purity of our Government, if not its existence, depend on its observance. The public lands are the common property of the United States, and the moneys arising from their sales are a part of the public revenue. This bill proposes to raise from, and appropriate a portion of, this public revenue to certain States, providing expressly that it shall “ be applied to objects of 0029 29 internal improvement or education within those States ,” and then proceeds to appropriate the balance to all the States, with the declaration that it shall be applied “ to such purposes as the legislatures of the said respective States shall deem proper .” The former appropriation is expressly for internal improvements or education, without qualification as to the kind of improvements, and therefore, in express violation of the principle maintained in my objections to the turnpike road bill above referred to. The latter appropriation is more broad, and gives the money to be applied to any local purpose whatsoever. It will not be denied that, under the provisions of the bill, a portion of the money might have been applied to making the very road to which the bill of 1830 had reference, and must, of course, come within the scope of the same principle. If the money of the United States cannot be applied to local purposes through its own agents , as little can it be permitted to be thus expended through the agency of the State Governments .

It has been supposed that, with all the reductions in our revenue which could be speedily effected by Congress, without injury to the substantial interests of the country, there might be, for some years to come, a surplus of moneys in the Treasury, and that there was, in principle, no objection to returning them to the people by whom they were paid. As the literal accomplishment of such an object is obviously impracticable, it was thought admissible, as the nearest approximation to it, to hand them over to the State Governments, the more immediate representatives of the people, to be by them applied to the benefit of those to whom they properly belonged. The principle and the object was, to return to the people an unavoidable surplus of revenue which might have been paid by them under a system which could not at once be abandoned; but even this resource, which at one time seemed to be almost the only alternative to save the General Government from grasping unlimited power over internal improvements, was suggested with doubts of its constitutionality.

But this bill assumes a new principle. Its object is not to return to the people an unavoidable surplus of revenue paid in by them, but to create a surplus for distribution among the States. It seizes the entire proceeds of one source of revenue, and sets them apart as a surplus, making it necessary to raise the moneys for supporting the Government, and meeting the general charges, from other sources. It even throws the entire land system upon the customs for its support, and makes the public lands a perpetual charge upon the Treasury. It does not return to the people moneys accidentally or unavoidably paid by them to the Government by which they are not wanted; but compels the people to pay moneys into the Treasury for the mere purpose of creating a surplus for distribution to their State Governments. If this principle be once admitted, it is not difficult to perceive to what consequences it may lead. Already this bill, by throwing the land system on the revenues from imports for support, virtually distributes among the States a part of those revenues. The proportion may be increased from time to time, without any departure from the principle now asserted, until the State Governments shall derive all the funds necessary for their support from the Treasury of the United States; or, if a sufficient supply should be obtained by some States and not by others, the deficient States might complain, and, to put an end to all farther difficulty, Congress, without assuming any new principle, need go but one step further, and put the salaries of all the State governors, judges, and other officers, with a sufficient sum for other expenses in their general appropriation bill.

0030 30

It appears to me that a more direct road to consolidation cannot be devised. Money is power, and in that Government which pays all the public officers of the States, will all political power be substantially concentrated. The State Governments, if governments they might be called, would lose all their independence and dignity. The economy which now distinguishes them would be converted into a profusion, limited only by the extent of the supply. Being the dependants of the General Government, and looking to its Treasury as the source of all their emoluments, the State officers, under whatever names they might pass, and by whatever forms their duties might be prescribed, would, in effect, be the mere stipendaries and instruments of the central power.

I am quite sure that the intelligent people of our several States will be satisfied, on a little reflection, that it is neither wise nor safe to release the members of their local legislatures from the responsibility of levying the taxes necessary to support their State Governments, and vest it in Congress, over most of whose members they have no control. They will not think it expedient that Congress shall be the tax-gatherer and paymaster of all their State Governments, thus amalgamating all their officers into one mass of common interest and common feeling. It is too obvious that such a course would subvert our well-balanced system of government, and ultimately deprive us of all the blessings now derived from our happy union.

However willing I might be that any unavoidable surplus in the Treasury should be returned to the people through their State Governments, I cannot assent to the principle that a surplus may be created for the purpose of distribution. Viewing this bill as, in effect, assuming the right not only to create a surplus for that purpose, but to divide the contents of the Treasury among the States without limitation, from whatever source they may be derived, and asserting the power to raise and appropriate money for the support of every State Government and institution, as well as for making every local improvement, however trivial, I cannot give it my assent.

It is difficult to perceive what advantages would accrue to the old States or the new from the system of distribution which this bill proposes, if it were otherwise unobjectionable. It requires no argument to prove, that if three millions of dollars a year, or any other sum, shall be taken out of the Treasury by this bill for distribution, it must be replaced by the same sum collected from the people through some other means. The old States will receive annually a sum of money from the Treasury, but they will pay in a larger sum, together with the expenses of collection and distribution. It is only their proportion of seven-eighths of the proceeds of land sales which they are to receive , but they must pay their due proportion of the whole . Disguise it as we may, the bill proposes to them a dead loss in the ratio of eight to seven , in addition to expenses and other incidental losses. This assertion is not the less true because it may not at first be palpable. Their receipts will be in large sums, but their payments in small ones. The governments of the States will receive seven dollars, for which the people of the States will pay eight . The large sums received will be palpable to the senses; the small sums paid, it requires thought to identify. But a little consideration will satisfy the people that the effect is the same as if seven hundred dollars were given them from the public Treasury, for which they were at the same time required to pay in taxes, direct or indirect, eight hundred .

I deceive myself greatly if the new States would find their interests promoted by such a system as this bill proposes. Their true policy consists in the rapid settling and improvement of the waste lands within their limits. 0031 31 As a means of hastening those events, they have long been looking to a reduction in the price of public lands upon the final payment of the national debt. The effect of the proposed system would be to prevent that reduction. It is true, the bill reserves to Congress the power to reduce the price, but the effect of its details, as now arranged, would probably be forever to prevent its exercise.

With the just men who inhabit the new States, it is a sufficient reason to reject this system, that it is in violation of the fundamental laws of the republic and its constitution. But if it were a mere question of interest or expediency, they would still reject it. They would not sell their bright prospect of increasing wealth and growing power at such a price. They would not place a sum of money to be paid into their treasuries, in competition with the settlement of their waste lands, and the increase of their population. They would not consider a small or a large annual sum to be paid to their governments, and immediately expended, as an equivalent for that enduring wealth which is composed of flocks and herds, and cultivated farms. No temptation will allure them from that object of abiding interest, the settlement of their waste lands, and the increase of a hardy race of free citizens, their glory in peace and their defence in war.

On the whole, I adhere to the opinion expressed by me in my annual message of 1832, that it is our true policy that the public lands shall cease, as soon as practicable, to be a source of revenue, except for the payment of those general charges which grow out of the acquisition of the lands, their survey, and sale. Although these expenses have not been met by the proceeds of sales heretofore, it is quite certain they will be hereafter, even after a considerable reduction in the price. By meeting in the Treasury so much of the general charge as arises from that source, they will hereafter, as they have been heretofore, be disposed of for the common benefit of the United States, according to the compacts of cession. I do not doubt that it is the real interest of each and all the States in the union, and particularly of the new States, that the price of these lands shall be reduced and graduated; and that, after they have been offered for a certain number of years, the refuse, remaining unsold, shall be abandoned to the States, and the machinery of our land system entirely withdrawn. It cannot be supposed the compacts intended that the United States should retain forever a title to lands within the States, which are of no value; and no doubt is entertained that the general interest would be best promoted by surrendering such lands to the States.

This plan for disposing of the public lands impairs no principle, violates no compact, and deranges no system. Already has the price of those lands been reduced from two dollars per acre to one dollar and a quarter; and upon the will of Congress, it depends whether there shall be a further reduction. While the burdens of the East are diminishing by the reduction of the duties upon imports, it seems but equal justice that the chief burden of the West should be lightened in an equal degree at least. It would be just to the old States and the new, conciliate every interest, disarm the subject of all its dangers, and add another guarantee to the perpetuity of our happy union.

Sensible, however, of the difficulties which surround this important subject, I can only add to my regrets at finding myself again compelled to disagree with the legislative power, the sincere declaration that any plan which shall promise a final and satisfactory disposition of the question, and be compatible with the constitution and public faith, shall have my hearty concurrence. ANDREW JACKSON.

December 4 th , 1?

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Statement respecting the revenue derived from the public lands, accompanying the President's message to the Senate December 4 th , 1833, stating his reasons for not approving the land bill:

Statement of the amount of money which has been paid by the United States for the title to the public lands, including the payments made under the Louisiana and Florida treaties; the compact with Georgia; the settlement with the Yazoo claimants; the contracts with the Indian tribes; and the expenditures for compensation to commissioners, clerks, surveyors, and other officers, employed by the United States for the management and sale of the western domain; the gross amount of money received into the Treasury, as the proceeds of public lands, to the 30th of September, 1832; also, the net amount, after deducting five per cent, expended on account of roads within, and leading to the western States, &c., and sums refunded on account of errors in the entries of public lands.

Payment on account of the purchase of Louisiana:

Principal, $14,984,872 28

Interest on 11,250,000 8,529,353 43

$25,514,225 71

Payment on account of the purchase of Florida:

Principal, 4,985,599 82

Interest to 30th September, 1832, 1,489,768 66

$6,475,368 48

Payment of compact with Georgia, 1,065,484 06

Payment of the settlement with the Yazoo claimants, 1,830,808 04

Payment of contracts with the several Indian tribes, (all expenses on account of Indians,) 13,064,677 45

Payment of commissioners, clerks, and other officers, employed by the United States for the management and sale of the western domain, 3,750,716 43

$49,701,280 17

Amount of money received into the Treasury as the proceeds of public lands to the 30th September, 1832, 39,614,000 07

Deduct payments from the Treasury on account of roads, &c., 1,227,375 94

$38,386,624 13

T. L. SMITH, Reg .

Treasury Department , Register's Office, March 1, 1833.

An act to appropriate, for a limited time, the proceeds of the sales of the public lands of the United States, and for granting land to certain States .

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled , That from and after the thirty-first day of December, in the year of our Lord one thousand eight 0033 33 hundred and thirty-two, there be allowed and paid to each of the States of Ohio, Indiana, Illinois, Alabama, Missouri, Mississippi, and Louisiana, over and above what each of the said States is entitled to by the terms of the compacts entered into between them, respectively, upon their admission into the Union, and the United States, the sum of twelve and a half per centum upon the net amount of the sales of the public lands which, Subsequent to the day aforesaid, shall be made within the several limits of the said States; which said sum of twelve and a half per centum shall be applied to some object or objects of internal improvement or education within the said States, under the direction of their respective legislatures: Provided , That said dividend and distribution, or the proportion of any State therein, shall be in nowise affected or diminished on account of any sums which have been heretofore, or shall be hereafter, applied to the construction or continuance of the Cumberland road, but that the same shall remain, as heretofore, chargeable on the two per centum fund provided for by the compacts with the new States.

Sec . 2. And be it further enacted , That, after deducting the said twelve and a half per centum, and what, by the compacts aforesaid, has heretofore been allowed to the States aforesaid, the residue of the net proceeds of all the public lands of the United States, wherever situated, which shall be sold subsequent to the said thirty-first day of December, shall be divided among the twenty four States of the Union, according to their, respective federal representative population as ascertained by the last census, to be applied by the legislatures of the said States to such purposes as the Legislatures of the respective States shall deem proper: Provided , That nothing herein contained shall be construed to the prejudice of future applications for a reduction of the price of the public lands, or to the prejudice of applications for a transfer of the public lands, on reasonable terms, to the States within which they lie, nor to impair the power of Congress to make such future disposition of the public lands, or any part thereof, as it may see fit.

Sec . 3. And be it further enacted , That the said several sums of money shall be paid at the Treasury of the United States, half yearly, to such person or persons as the respective legislatures of the said States may authorize and direct.

Sec . 4. And be it further enacted , That this act shall continue and be in force for the term of five years from the said thirty-fist day of December, unless the United States shall become involved in war with any foreign power; in which event, from the commencement of hostilities, this act shall cease, and be no longer in force: Provided, nevertheless , That if, prior to the expiration of this act, any new State or States shall be admitted into the Union, the power is reserved of assigning, by law, to such new State or States the proportion to which such State or States may be entitled upon the principles of this act, and upon the principles of any of the compacts made as aforesaid with either of the seven States first mentioned.

Sec . 5. And be it further enacted , That, during the period in which the net proceeds of the sales of the public lands shall be distributed among the several States according to the provisions of this act, there shall be annually appropriated, for completing the surveys of said lands, a sum not less than eighty thousand dollars; and the minimum price at which the public lands are now sold at private sale shall not be increased; and, in case the same shall be increased, by law, within the period aforesaid, so much of this 5 0034 34 act as provides that the net proceeds of the sales of the public lands shall be distributed among the several States shall, from and after the increase of the minimum price thereof, cease, and become utterly null and of no effect, any thing in this act to the contrary notwithstanding.

Sec . 6. And be it further enacted , That whenever, for two successive years, it shall appear to the Secretary of the Treasury that the net proceeds of the sales of the public lands within any land district now established, or which may hereafter be established by law, shall not be sufficient to discharge the salaries of the officers employed by the United States within such district, he may discontinue such officers; and the lands contained in such district remaining unsold shall, in such case, be annexed to the adjoining district.

Sec . 7. And be it further enacted , That there shall be granted to each of the States of Mississippi, Louisiana, and Missouri, the quantity of five hundred thousand acres of land; to the State of Indiana, one hundred and fifteen thousand two hundred and seventy-two acres; to the State of Illinois, twenty thousand acres; and to the State of Alabama, one hundred thousand acres of land; lying within the limits of said States, respectively; to be selected in such manner as the legislatures thereof shall direct, and located in parcels, conformably to sectional divisions and subdivisions of not less than three hundred and twenty acres in any one location on any public land subject to entry at private sale; which said locations may be made at any time within five years after the lands of the United States in said States, respectively, shall have been surveyed, and offered at public sale, according to existing laws.

Sec . 8. And be it further enacted , That the lands herein granted to the States above named shall not be disposed of at a price less than one dollar and twenty-five cents per acre until otherwise directed by law; and the net proceeds of the sales of said lands shall be faithfully applied to objects of internal improvement within the States aforesaid, respectively, namely, roads, bridges, canals, and improvement of water courses, and draining swamps; and such roads, canals, bridges, and water courses, when made or improved, shall be free for the transportation of the United States' mail, and munitions of war, and for the passage of their troops, without the payment of any toll whatever.

A. STEVENSON, Speaker of the House of Representatives .

HU. L. WHITE, President of the Senate tempore .

I certify that this act did originate in the Senate.

WALTER LOWRIE, Sec'y .

The message was read; and,

On motion by Mr. Clay,

Ordered , That the message, and bill therein referred to be laid on the table.

On motion by Mr. Moore,

Ordered , That the said message and bill be printed, and that 5,000 extra copies thereof be sent to the Senate.

On motion by Mr. Grundy,

Resolved , That when the Senate adjourns, it be to Monday next.

The following written message was received from the President of the United States, by Mr. Donelson, his Secretary:

0035 35

Washington , December 5, 1833.

To the Senate of the United States:

In compliance with the resolution of the Senate at its last session, requesting the President “to cause to be prepared and laid before the Senate at the commencement of its next session a plan for equalizing the pay of the officers in the army and navy according to their relative rank, and providing a stated salary or fixed compensation for their services, in lieu of present allowances,” I submit, herewith, a report from the Secretaries of the War and Navy Departments, to whom the subject was referred. It is believed the plan they have presented meets, substantially, the objects of the resolution.

ANDREW JACKSON.

The message was read; and,

Ordered , That it be printed.

The President communicated a report from the Secretary of the Senate, showing the names and compensations of the clerks and messenger employed in his office, and of the messengers in the employment of the Senate; and the amount of the contingent expenses of the Senate during the last session.

On motion by Mr. Tyler,

Ordered , That the heirs of Clement Sewall, deceased, have leave to withdraw the petition and papers of the deceased from the files of the 2d session of the 20th Congress.

On motion by Mr. Wright,

The Senate resumed the consideration of the motion submitted by him yesterday, to refer to a select committee the claim of Elisha R. Potter to a seat in the Senate; and it was amended, and agreed to as follows:

Resolved , That the proceedings of the Legislature of the State of Rhode Island, now upon the table of the Senate, showing the appointment of Elisha R. Potter as a Senator to represent that State in the Senate of the United States, be referred to a select committee, to be elected by the Senate , to inquire and report upon the claim of the said Elisha R. Potter to the seat in the Senate now occupied by the Honorable Asher Robbins.

Ordered , That Mr. Poindexter, Mr. Rives, Mr. Frelinghuysen, Mr. Wright, and Mr. Sprague, be the committee.

The Senate then adjourned.

MONDAY, December 9, 1833. Link to Annals.

The Honorable Daniel Webster, from the State of Massachusetts, whose credentials were received at the last session, attended, and the oath prescribed by law was administered to him, and he took his seat in the Senate.

The President communicated the credentials of the Honorable Samuel McKean, appointed a Senator by the Legislature of the State of Pennsylvania, for the term of six years from the 3d day of March last; which were read.

Mr. Frelinghuysen communicated the credentials of the Honorable Samuel L. Southard, appointed a Senator by the Legislature of the State of Near Jersey, for the term of six years from the 3d day of March last; which were read; and the oath prescribed by law was administered to Mr. Southard, and he took his seat in the Senate.

The President communicated the credentials of the Honorable William C. Preston, appointed a Senator by the Legislature of the State of South Carolina, 0036 36 to supply the vacancy occasioned by the resignation of the Honorable Stephen D. Miller; which were read; and the oath prescribed by law was administered to Mr. Preston, and he took his seat in the Senate.

On motion by Mr. Poindexter,

Ordered , That the credentials of Mr. Robbins be referred to the select committee appointed on the claim of Elisha R. Potter to a seat in the Senate.

On motion by Mr. Grundy,

The Senate proceeded to the election of a Secretary, pursuant to the 48th rule of the Senate; and the whole number of ballots collected was 39, and were all given to Walter Lowrie, late Secretary, who was accordingly re-elected.

Mr. Lowrie attended, and the oaths prescribed by law were administered to him by the President.

The Senate proceeded to the election of a Sergeant-at-Arms and Doorkeeper, pursuant to the 48th rule of the Senate; and the whole number of ballots collected was 40, of which John Shackford received 25, and was accordingly elected.

Mr. Shackford attended, and the oaths of office were administered to him by the President.

The Senate proceeded to the election of an Assistant Doorkeeper, pursuant to the 48th rule of the Senate; and the whole number of ballots collected was 39, of which Stephen Haight received 20, and was accordingly elected.

Mr. Haight attended, and the oaths of office were administered to him by the President.

On motion by Mr. Chambers,

Resolved , That the Senate will, to-morrow, proceed to the election of a Chaplain on their part.

The following motion submitted by Mr. Benton, was considered:

Resolved , That the Secretary of the Treasury be directed to report to the Senate,

1. A statement of the amount of public moneys in the Bank of the United States at the end of each month, for each year, from the establishment of the bank to the present time;

2. The average amount of the same for each year;

3. The average of the same for the whole time.

On motion by Mr. Clay,

Ordered , That it be laid on the table.

Agreeably to notice given, Mr. Calhoun asked and obtained leave to bring in a bill to repeal an act, entitled “An act further to provide for the collection of duties on imports,” approved March 2d, 1833; which was read; and

Ordered , That it pass to a second reading.

Agreeably to notice given, Mr. Benton asked and obtained leave to bring in a joint resolution, proposing an amendment to the Constitution of the United States as it respects the election of President and Vice President of the United States; which was read; and,

On motion by Mr. Bibb,

Ordered , That it be laid on the table.

On motion by Mr. Benton,

Ordered , That the said resolution, and the report made to the Senate by a select committee on the 19th of January, 1826, on the same subject, be printed for the use of the Senate.

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Agreeably to notice given, Mr. Benton asked and obtained leave to bring in a bill to grant to the State of Missouri a certain quantity of land for purposes of internal improvement; which was read; and

Ordered , That it pass to a second reading.

Agreeably to notice given, Mr. Benton asked and obtained leave to bring in a bill to graduate the price of the public lands which have been longest in market, to make provision for actual settlers, and to cede the refuse and unsaleable lands to the States in which they lie; which was read; and

Ordered , That it pass to a second reading.

Agreeably to notice given, Mr. Moore asked and obtained leave to bring in

A bill authorizing the establishment of a pension agency in North Alabama; and

A bill authorizing the relinquishment of the sixteenth sections granted for the use of schools, and the entry of other lands in lieu thereof; which were read; and

Ordered , That they severally pass to a second reading.

The following motion submitted by Mr. Sprague, was considered:

Resolved , That the 34th rule of the Senate shall be so amended as to read and stand as it did prior to the 24th day of December, 1828; and,

After debate,

On motion by Mr. Frelinghuysen,

The Senate adjourned.

TUESDAY, December 10, 1833. Link to Annals.

Mr. Webster presented the petition of sundry citizens of Cincinnati, in Ohio, praying that the stock in the Louisville and Portland Canal Company may be purchased by the United States, and that the navigation of the Ohio river may be declared free; and

Ordered , That it be laid on the table, and printed.

Agreeably to notice given, Mr. Clay asked and obtained leave to bring in a bill to appropriate, for a limited time, the proceeds of the sales of the public lands of the United States, and for granting land to certain States; which was read; and

Ordered , That it pass to a second reading.

Agreeably to notice given, Mr. Forsyth asked and obtained leave to bring in a bill to provide for the fulfilment of the compact of 1802 between the United States and the State of Georgia; which was read; and

Ordered , That it pass to a second reading.

Agreeably to notice given, Mr. Webster asked and obtained leave to bring in a bill to provide for the satisfaction of claims due to certain American citizens for spoliations committed on their commerce prior to the 30th day of September, 1800; which was read; and

Ordered , That it pass to a second reading.

Agreeably to notice given, Mr. Wilkins asked and obtained leave to bring in a bill for the relief of Ashbel G. Ralston and Gerard Ralston; which was read; and

Ordered , That it pass to a second reading.

On motion by Mr. Clay,

The Senate resumed the consideration of the motion submitted yesterday by Mr. Benton, for certain information in relation to the Bank of the United States; and

0038 38

Mr. Clay moved to amend the same, by adding thereto the following words:

“ And resolved, also , That the Secretary of the Treasury be directed to report to the Senate the names of all banks, and where they are respectively situated, which have been selected by him, in place of the Bank of the United States, as depositories of the public money; the amount of the capital of the said banks, respectively, distinguishing between what has been actually paid in by the stockholders, and what has not been paid; the amount of public money in each of the said banks on the first of October, the first of November, and the first of December, 1833, distinguishing between the sums standing to the credit of the United States, and those standing to the credit of any public officer or other disbursing agent of the Government; the amount of debts due from each of the said banks on each of the days aforesaid; the amount of notes in circulation, and the amount of specie in their vaults, respectively; the names of the stockholders in each of the said banks on the first day of September and the first day of October last, distinguishing between foreigners and citizens of the United States; the mode in which transfers of the public money were made from the Bank of the United States to the said banks, respectively, whether by warrant or otherwise; if by warrants, whether they were issued in pursuance of appropriations previously made by law, and whether any such transfers were requested by the said banks, or either of them, or made by the Treasury to sustain the credit of the said banks, or any of them; and a copy of all correspondence between the Department of the Treasury and the said banks, or either of them, relating to the said transfers, or any of them; at what periods the several charters of the banks so designated as depositories of the public money expire; copies of the said charters; and whether the Secretary of the Treasury has been able to obtain, at all the ports of the United States at which banks are established, the consent of banks to receive in deposite the public money, upon such conditions as he approves; and, if not, at what ports has he been unable to obtain such consent.”

On motion by Mr. Clay,

Ordered , That the motion and proposed amendment be laid on the table, and that the amendment be printed.

On motion by Mr. Clay,

The Senate proceeded to consider the report made to the Senate on the 4th instant, by the Secretary of the Treasury, exhibiting his reasons for removing the public money from the Bank of the United States; and,

On motion by Mr. Clay,

Ordered , That the further consideration thereof be postponed to, and made the order of the day for, Monday next.

Agreeably to the order of the day, the Senate proceeded to the election of a Chaplain on their part; and, on counting the ballots, it appeared that the Reverend Frederick W. Hatch had a majority, and was accordingly elected.

Ordered , That the Secretary notify the House of Representatives accordingly.

A message from the House of Representatives, by Mr. Franklin, their clerk:

Mr. President: The House of Representatives have elected the Reverend Thomas H. Stockton, Chaplain on their part.

The Senate resumed the consideration of the motion submitted by Mr. Sprague on the 9th instant, to change the 34th rule; and,

0039 39

On the question, “Shall this resolution pass?”

It was determined in the affirmative,

Yeas, 22,

Nays, 18,

Mr. White having been previously excused from voting, at his request.

On motion by Mr. Grundy,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative, are,

Messrs. Bell, Calhoun, Chambers, Clay, Ewing, Frelinghuysen, Kent, Knight, Mangum, Naudain, Poindexter, Prentiss, Preston, Robbins, Silsbee, Smith, Southard, Sprague, Swift, Tomlinson, Tyler, Webster.

Those who voted in the negative, are,

Messrs. Benton, Bibb, Brown, Forsyth, Grundy, Hendricks, Hill, Kane, King, of Alabama, Moore, Morris, Rives, Robinson, Shepley, Tallmadge, Tipton, Wilkins, Wright.

On motion by Mr. Sprague,

Resolved , That the Senate will, on Thursday next, proceed to the appointment, by ballot, of the standing committees.

The bill to repeal an act, entitled “An act further to provide for the collection of duties on imports,” approved March 2d, 1833, was read the second time, and considered as in Committee of the Whole; and,

On motion by Mr. Calhoun,

Ordered , That the further consideration thereof be postponed to, and made the order of the day for, Friday the 21st instant.

The bill to grant to the State of Missouri a certain quantity of land for purposes of internal improvement, was read the second time, and considered as in Committee of the Whole; and,

On motion by Mr. King, of Alabama,

Ordered , That it be laid on the table.

The Senate then adjourned.

WEDNESDAY, December 11, 1833. Link to Annals.

Agreeably to notice given, Mr. Bibb asked and obtained leave to bring in a joint resolution proposing amendments to the Constitution of the United States, for the election of President and Vice President of the United States; which was read; and,

On motion by Mr. Bibb,

Ordered , that it be laid on the table, and printed.

Agreeably to notice given, Mr. Benton asked and obtained leave to bring in a bill to increase and regulate the pay of the surgeons and assistant surgeons of the army; which was read; and

Ordered , That it pass to a second reading.

Agreeably to notice given, Mr. King, of Alabama, asked and obtained leave to bring in

A bill for the relief of the legal representatives of Theodore Brightwell, deceased;

A bill for the relief of Thomas Rhodes and Jeremiah Austill; and

A bill for the relief of John Chandler and William Johnson; which were read; and

Ordered , That they severally pass to a second reading.

On motion by Mr. Morris,

Ordered , That Jeremiah Basye have leave to withdraw from the files of the 2d session of the 21st Congress, his petition and papers.

0040 40

On motion by Mr. Swift,

Ordered , That Daniel Farrington have leave to withdraw, from the files of the 2d session of the 22d Congress, his petition and papers.

On motion by Mr. Clay,

The Senate resumed the consideration of the motion submitted by Mr. Benton, on the 9th instant, requesting certain information relative to the Bank of the United States, together with the amendment proposed thereto by Mr. Clay; and the said amendment having been modified by Mr. Clay, it was agreed to; and the said motion, as amended, was then agreed to as follows:

Resolved , That the Secretary of the Treasury be directed to report to the Senate,

1. A statement of the amount of public moneys in the Bank of the United States at the end of each month, for each year, from the establishment of the bank to the present time.

2. The average amount of the same for each year.

3. The average of the same for the whole time.

And resolved, also , That the Secretary of the Treasury be directed to report to the Senate the names of all banks, and where they are respectively situated, which have been selected by him in place of the Bank of the United States, as depositories of the public money; the amount of the capital of the said banks, respectively, distinguishing between what has been actually paid in by the stockholders, and what has not been paid; the amount of public money in each of the said banks on the first of October, the first of November, and the first of December, 1833, distinguishing between the sums standing to the credit of the United States' Treasury , and those standing to the credit of any public officer or other disbursing agent of the Government; the amount of debts due from each of the said banks on each of the days aforesaid; the amount of notes in circulation, and the amount of specie in their vaults, respectively; the names of the stockholders in each of the said banks on the first day of September and the first day of October last, distinguishing between foreigners and citizens of the United States; the current market value of the stock of each of the said banks on the 1 st day of September and the 1 st day of November , 1833; the mode in which transfers of the public money were made from the Bank of the United States to the said banks, respectively, whether by warrant or otherwise; if by warrants, whether they were issued in pursuance of appropriations previously made by law, and whether any such transfers were requested by the said banks, or either of them, or made by the Treasury to sustain the credit of the said banks, or any of them; and a copy of all correspondence between the Department of the Treasury and the said banks, or either of them, relating to the said transfers, or any of them; at what periods the several charters of the banks so designated as depositories of the public money expire; copies of the said charters; and whether the Secretary of the Treasury has been able to obtain, at all the ports of the United States at which banks are established, the consent of banks to receive in deposite the public money, upon such conditions as he approves; and, if not, at what ports has he been unable to obtain such consent.

The following motion, submitted by Mr. Clay, was considered:

Resolved , That the President of the United States be requested to communicate to the Senate a copy of the paper which has been published, and which purports to have been read by him to the heads of the Executive Departments, 0041 41 dated the lath day of September last, relating to the removal of the deposites of the public money from the Bank of the United States and its offices.

On the question, “Shall this resolution pass?”

It was determined in the affirmative,

Yeas, 23,

Nays, 18.

On motion by Mr. Forsyth,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative, are,

Messrs. Bell, Bibb, Calhoun, Chambers, Clay, Ewing, Frelinghuysen, Hendricks, Kent, Knight, Mangum, Naudain, Poindexter, Prentiss, Preston, Robbins, Silsbee, Smith, Southard, Sprague, Swift, Tomlinson, Webster.

Those who voted in the negative, are,

Messrs. Benton, Brown, Forsyth, Grundy, Hill, Kane, King, of Alabama, Moore, Morris, Rives, Robinson, Shepley, Tallmadge, Tipton, Tyler, White, Wilkins, Wright.

Ordered , That the Secretary lay the foregoing resolution before the President of the United States.

The following motion, submitted by Mr. King, of Alabama, was considered:

Resolved , That the Committee on Indian Affairs be instructed to inquire into the expediency of authorizing the President of the United States to appoint an agent to receive evidence of losses sustained by the inhabitants of the now State of Alabama, by a hostile eruption of a party of Creek Indians, in the year one thousand eight hundred and fourteen, by which Fort Mims was taken, and those who had fled there for protection massacred.

On motion by Mr. Poindexter,

Ordered , That it be laid on the table.

The following motion, submitted by Mr. Benton, was considered and agreed to:

Resolved , That the Secretary of the Treasury be directed to communicate to the Senate any information in his power or possession, to show that the Bank of the United States, or its branches, at any time heretofore have refused or delayed to receive the notes of any of the branches in payment or deposite.

The President communicated a letter from the Secretary of the Navy, transmitting a chart of Narragansett bay, on an enlarged scale, prepared under an appropriation made by Congress.

Mr. Chambers presented the memorial of the Baltimore and Ohio Railroad Company, praying for a revival of the act heretofore passed, authorizing the company to construct a branch of said road in the District of Columbia, and for a subscription to its stock on the part of the United States; and

Ordered , That it be laid on the table.

Agreeably to notice given, Mr. Moore asked and obtained leave to bring in

A bill for the relief of Eli Robinson; and

A bill for the relief of John McCartney; which were read; and

Ordered , That they severally pass to a second reading.

After the consideration of Executive business,

The Senate adjourned. 6

THURSDAY, December 12, 1833. Link to Annals.

The following written message was received from the President of the united States, by Mr. Donelson, his Secretary:

Washington , December 12, 1833.

To the Senate of the United States:

I have attentively considered the resolution of the Senate of the 11th instant, requesting the President of the United States to communicate to the Senate “a copy of the paper which has been published, and which purports to have been read by him to the heads of the Executive Departments, dated the 18th day of September last, relating to the removal of the deposites of the public money from the Bank of the United States and its offices.”

The Executive is a co-ordinate and independent branch of the Government equally with the Senate, and I have yet to learn under what constitutional authority that branch of the Legislature has a right to require of me an account of any communication, either verbally or in writing, made to the heads of Departments, acting as a cabinet council. As well might I be required to detail to the Senate the free and private conversations I have held with those officers on any subjects relating to their duties and my own.

Feeling my responsibility to the American people, I am willing, upon all occasions, to explain to them the grounds of my conduct; and I am willing, upon all proper occasions, to give to either branch of the Legislature any information in my possession that can be useful in the execution of the appropriate duties confided to them.

Knowing the constitutional rights of the Senate, I shall be the last man, under any circumstances, to interfere with them. Knowing those of the Executive, I shall at all times endeavor to maintain them agreeably to the provisions of the constitution, and the solemn oath I have taken to support and defend it.

I am constrained, therefore, by a proper sense of my own self-respect, and of the rights secured by the constitution to the Executive branch of the Government, to decline a compliance with your request.

ANDREW JACKSON.

The message was read; and,

On motion by Mr. Grundy,

Ordered , That it be laid on the table.

On motion by Mr. Bibb,

Ordered , That Jonathan D. Ferris have leave to withdraw from the flies of the last session his petition and papers.

On motion by Mr. Sprague,

Ordered , That Noah Miller have leave to withdraw, from the files of the last session, his petition and papers.

On motion by Mr. Benton,

Ordered , That the memorials, resolutions, and petitions from the States of Indiana, Illinois, Alabama, Louisiana, Missouri, and Territory of Arkansas, on the subject of graduating the price of the public lands, and printed by an order of the Senate of the 9th of January, 1828; the resolution of the Legislative Council of Florida on the same subject, printed by an order of the Senate of the 17th of the same month; the letter of the it “Entry-taker for the Hiwassee district, in Tennessee,” showing the operation of the graduating system of that State in relation to the sale of the State lands, printed 0043 43 by an order of the Senate of the 28th March, 1828; the tabular statement showing the quantity, quality, and average value of the unsold and unsaleable public lands, printed by an order of the Senate of the 30th December, 1828; and the memorial from the State of Missouri, in favor of graduating the price of the public lands, printed by an order of the Senate of the 26th January, 1829, be severally reprinted for the use of the Senate.

The special order of the day recurring on the appointment, by ballot, of the standing committees of the Senate,

On motion by Mr. Grundy,

That the subject be postponed to Monday next;

It was determined in the affirmative,

Yeas, 28,

Nays, 13.

On motion by Mr. Clay,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative, are,

Messrs. Benton, Bibb, Brown, Forsyth, Frelinghuysen, Grundy, Hendricks, Hill, Kane, King, of Alabama, Knight, Moore, Morris, Prentiss, Rives, Robbins, Robinson, Shepley, Silsbee, Smith, Swift, Tallmadge, Tipton, Tomlinson, Webster, White, Wilkins, Wright.

Those who voted in the negative, are,

Messrs. Bell, Calhoun, Chambers, Clay, Ewing, Kent, Mangum, Naudain, Poindexter, Preston, Southard, Sprague, Tyler.

On motion by Mr. Mangum,

Resolved , That when the Senate adjourns, it be to Monday next.

The Senate then adjourned.

MONDAY, December 16, 1833. Link to Annals.

The Honorable Martin Van Buren, Vice President of the United States, attended, and addressed the Senate as follows:

Senators : On entering upon the duties of the station to which I have been called by the people, deference to you and justice to myself require that I should forestall expectations which might otherwise be disappointed. Although for many years heretofore a member of the Senate, I regret that I should not have acquired that knowledge of the particular order of its proceedings which might naturally he expected. Unfortunately for me, in respect to my present condition, I ever found those at hand who had more correctly appreciated this important branch of their duties, and on whose opinions, as to points of order, I could at all times safely rely. This remissness will, doubtless, for a season, cause me no small degree of embarrassment. So far, however, as unremitting exertions on my part, and a proper respect for the advice of those who are better informed than myself, can avail, this deficiency will be remedied as speedily as possible; and I feel persuaded that the Senate, in the mean time, will extend to me a considerate indulgence.

But, however wanting I may be, for the time, in a thorough knowledge of the technical duties of the Chair, I entertain, I humbly hope, a deep and solemn conviction of its high moral obligations. I am well aware that he who occupies it, is bound to cherish towards the members of the body over which he presides no other feelings than those of justice and courtesy—to regard them all as standing upon an honorable equality—to apply the rules established by themselves, for their own government, with strict impartiality, 0044 44 and to use whatever authority he possesses in the manner best calculated to protect the rights, to respect the feelings, and to guard the reputations of all who may be affected by its exercise.

It is no disparagement to any other branch of the Government to say, that there is none on which the constitution devolves such extensive powers as it does upon the Senate. There is scarcely an exercise of constitutional authority in which it does not mediately or immediately participate; it forms an important, and, in some respects, an indispensable part of each of the three great departments, Executive, Legislative, and Judicial; and is, moreover, the body in which is made effectual that share of power in the federal organization so wisely allowed to the respective State sovereignties.

Invested with such august powers so judiciously restricted, and so sagely adapted to the purposes of good government, it is no wonder that the Senate is regarded by the people of the United States as one of the best features in what they, at least, consider to be the wisest, the freest, and happiest political system in the world. In fervent wishes that it may long continue to be so regarded, and in a conviction of the importance of order, propriety, and regularity in its proceedings, we must all concur. It shall be an object of my highest ambition, Senators, to join with you, as far as in me lies, in effecting those desirable objects; and in endeavoring to realize the expectation formed of this body at the adoption of the constitution, and ever since confidently cherished, that it would exercise the most efficient influence in upholding the federal system, and in perpetuating what is at once the foundation and the safeguard of our country's welfare, the Union of the States.

The Honorable Samuel McKean, from the State of Pennsylvania, whose credentials were received on the 9th instant, attended, and the oath prescribed by law was administered to him, and he took his seat in the Senate.

Mr. Benton communicated the credentials of the Honorable Lewis F. Linn, appointed a Senator by the Executive of the State of Missouri, to supply the vacancy in the Senate occasioned by the death of the Honorable Alexander Buckner; which were read; and the oath prescribed by law was administered to Mr. Linn, and he look his seat in the Senate.

The Honorable John M. Clayton, from the State of Delaware, and the Honorable George A. Waggaman, from the State of Louisiana, severally attended.

The Vice President communicated the memorial of the Government Directors of the Bank of the United States, complaining of certain proceedings of that institution; and,

On motion by Mr. Webster,

Ordered , That it be laid on the table.

The Vice President also communicated a letter from the Secretary of the Navy, transmitting a statement of the expenditures of the moneys appropriated for the contingent expenses of the navy, from the 1st day of October, 1832, to the 30th day of September, 1833, inclusively.

Mr. Kent presented the petition of John A. Webster, late a sailingmaster in the navy, praying for a pension, in consideration of wounds received in the naval service; and

Ordered , That it be laid on the table.

Agreeably to the order of the day, the Senate proceeded to the appointment, by ballot, of the standing committees, in conformity to the 34th rule; and

Mr. Wilkins having been duly appointed chairman of the Committee on Foreign Relations,

0045 45

On motion by Mr. Poindexter,

Ordered , That the appointment of the remaining members of that committee be postponed until after the appointment of the chairman of each of the other standing committees.

The Senate proceeded accordingly to the said appointments, by ballot; and

Ordered , That Mr. Webster be the chairman of the Committee on Finance;

That Mr. Silsbee be the chairman of the Committee on Commerce;

That Mr. Frelinghuysen be the chairman of the Committee on Manufactures;

That Mr. Brown be the chairman of the Committee on Agriculture;

That Mr. Benton be the chairman of the Committee on Military Affairs;

That Mr. Robinson be the chairman of the Committee on the Militia;

That Mr. Southard be the chairman of the Committee on Naval Affairs;

That Mr. Poindexter be the chairman of the Committee on Public Lands;

That Mr. Kane be the chairman of the Committee on Private Land Claims;

That Mr. White be the chairman of the Committee on Indian Affairs;

That Mr. Bell be the chairman of the Committee of Claims;

That Mr. Clayton be the chairman of the Committee on the Judiciary;

That Mr. Grundy be the chairman of the Committee on the Post Office and Post Roads;

That Mr. Hendricks be the chairman of the Committee on Roads and Canals;

That Mr. Tomlinson be the chairman of the Committee on Pensions;

That Mr. Moore be the chairman of the Committee on Revolutionary Claims;

That Mr. Chambers be the chairman of the Committee on the District of Columbia;

That Mr. Knight be the chairman of the Committee to Audit and Control the Contingent Expenses of the Senate; and

That Mr. Shepley be the chairman of the Committee on Engrossed Bills.

The Senate then proceeded to the appointment, by ballot, of the remaining members of each of said committees; and

Ordered , That Mr. Rives, Mr. Forsyth, Mr. Sprague, and Mr. Mangum, be members of the Committee on Foreign Relations;

That Mr. Tyler, Mr. Ewing, Mr. Mangum, and Mr. Wilkins, be members of the Committee on Finance;

That Mr. King, of Alabama, Mr. Wright, Mr. Waggaman, and Mr. Sprague, be members of the Committee on Commerce;

That Mr. Knight, Mr. Morris, Mr. Linn, and Mr. Prentiss, be members of the Committee on Manufactures;

That Mr. Robinson, Mr. Kent, Mr. Wright, and Mr. Swift, be members of the Committee on Agriculture;

That Mr. Tipton, Mr. Preston, Mr. Clayton, and Mr. King, of Alabama, be members of the Committee on Military Affairs;

That Mr. Hendricks, Mr. Waggaman, Mr. McKean, and Mr. Clayton, be members of the Committee on the Militia;

That Mr. Bibb, Mr. Robbins, Mr. Tallmadge, and Mr. Chambers, be members of the Committee on Naval Affairs;

That Mr. Moore, Mr. Prentiss, Mr. McKean, and Mr. Clay, be members of the Committee on Public Lands; and

0046 46

That Mr. Linn, Mr. Naudain, Mr. Poindexter, and Mr. Silsbee, be members of the Committee on Private Land Claims.

On motion by Mr. Clay,

The Senate adjourned.

TUESDAY, December 17, 1833. Link to Annals.

Mr. Ewing presented the petition of the Town Council of the town of Perrysburgh, in Ohio, praying for a donation of town lots and adjacent lands for the purposes of education; and

Ordered , That it be referred to the Committee on Public Lands.

Agreeably to notice given, Mr. Tyler asked and obtained leave to bring in

A bill for the relief of the legal representatives of Robert White; and

A bill for the relief of the legal representatives of William Mosby; which were severally read; and

Ordered , That they pass to a second reading.

Agreeably to notice given, Mr. Robinson asked and obtained leave to bring in a bill to amend an act for the payment of horses and arms lost in the military service of the United States against the Indians on the frontiers of Illinois and the Michigan Territory; which was read; and

Ordered , That it pass to a second reading.

Agreeably to notice given, Mr. Tipton asked and obtained leave to bring in a bill to revive the act entitled “An act to grant pre-emption rights to settlers on the public lands,” approved May 29th, 1830; which was read; and

Ordered , That it pass to a second reading.

On motion by Mr. Clay,

The Senate resumed the appointment, by ballot, of the remaining members of the standing committees; and

Ordered , That Mr. Frelinghuysen, Mr. Tipton, Mr. Swift, and Mr. Smith, be members of the Committee on Indian Affairs;

That Mr. Brown, Mr. Naudain, Mr. Wright, and Mr. Tipton, be members of the Committee of Claims;

That Mr. Bibb, Mr. Preston, Mr. Smith, and Mr. Bell, be members of the Committee on the Judiciary;

That Mr. Ewing, Mr. Rives, Mr. Knight, and Mr. Clayton, be members of the Committee on the Post Office and Post Roads;

That Mr. Hill, Mr. Southard, Mr. Shepley, and Mr. Kent, be members of the Committee on Roads and Canals;

That Mr. Prentiss, Mr. McKean, Mr. Tallmadge, and Mr. Kane, be members of the Committee on Pensions;

That Mr. Tyler, Mr. Southard, Mr. Bibb, and Mr. Tomlinson, be members of the Committee on the District of Columbia;

That Mr. Smith, Mr. Hill, Mr. White, and Mr. Shepley, be members of the Committee on Revolutionary Claims;

That Mr. Tomlinson and Mr. Tallmadge be members of the Committee to Audit and Control the Contingent Expenses of the Senate; and

That Mr. Morris and Mr. Robinson be members of the Committee on Engrossed Bills.

The Vice President communicated a letter from the Secretary of the Treasury, transmitting his annual report on the State of the finances of the United States, prepared in obedience to the act “supplementary to the act to establish the Treasury Department;” and

0047 47

On motion by Mr. Webster,

Ordered , That it be referred to the Committee on Finance, and printed; and that 1,500 extra copies thereof be sent to the Senate.

On motion by Mr. King, of Alabama,

Ordered , That Tallassee Fixico have leave to withdraw from the files of the last session his petition and papers.

On motion by Mr. Wilkins,

Ordered , That Thomas D. Anderson have leave to withdraw his petition from the files of the first session of the 22d Congress.

On motion by Mr. Chambers,

Ordered , That the petition and papers of the heirs of John H. Stone, on the files of the last session, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Webster,

Ordered , That the petition and papers of Thomas L. Winthrop and others, on the files of the last session, be referred to the Committee on the Judiciary.

On motion by Mr. King, of Alabama,

Ordered , That the petitions and papers of John Hone and Sons, and John Haggetty and David Austen, on the files of the last session, be respectively referred to the Committee on Commerce.

On motion by Mr. Tyler,

Ordered , That the petition and papers of Teackle Savage, administrator of Bolitha Laws, on the files of the last session, be referred to the Committee of Claims.

Mr. Naudain presented the memorial of George Read, late district attorney of the United States for the district of Delaware, praying for an equitable settlement of his accounts; and

The memorial of Stephen Pleasonton, Fifth Auditor of the Treasury of the United States, praying to be compensated for performing the duties of agent of the Treasury; and

Ordered , That said memorials be referred to the Committee on the Judiciary.

Mr. Naudain presented the petition of William D. Acken, praying to be remunerated for expenses incurred as agent for the preservation of live oak timber in East Florida; and

Ordered , That it be referred to the Committee of Claims.

Mr. Naudain presented the memorial of the legal representatives of Richard Wild, deceased, praying that the claim of the deceased to a pension, in consideration of a wound received while acting as a lieutenant in the army of the revolution, may be paid to them; and

Ordered , That it be referred to the Committee on Revolutionary Claims.

Mr. Hendricks presented the petition of Mountjoy Bayly, praying that interest may be allowed him on the commutation which he received as a captain in the revolutionary war, under the act of the 26th of May, 1830.

Mr. Clay presented the petition of the widow of the late Captain Pascal Hickman, praying to be paid for eight rifles, the property of her late husband, which were captured by the enemy at the river Raisin, in 1813.

Ordered , That the two petitions last mentioned be referred to the Committee on Military Affairs.

Mr. Sprague presented the petition of Noah Miller, praying for a pension in consideration of a wound received in the discharge of his official duties; and

0048 48

Ordered , That it be referred to the Committee on Pensions.

Mr. Wright presented the petition of Benjamin C. Minturn, surviving partner of Minturn and Champlin, late of the city of New York, merchants, praying that the Secretary of the Treasury may be authorized to compromise a debt due the United States by the said firm, on a duty bond; and

Ordered , That it be referred to the Committee on Finance.

After the consideration of Executive business,

The Senate adjourned.

WEDNESDAY, December 18, 1833. Link to Annals.

The Vice President communicated a letter from the Secretary of War, transmitting a report of the commissioner of pensions, containing a list of the persons who have made application for a pension, and whose eases have been rejected since the last annual report upon the same subject: prepared in obedience to a joint resolution of Congress of the 29th May, 1830; and

Ordered , That it be referred to the Committee on Pensions.

Mr. Frelinghuysen presented the memorial of David Beard, praying to be remunerated for property illegally taken from him by the collector of Detroit during the late war.

Mr. Tyler presented the petition of James Barron, a captain in the navy, praying for a renewal of the patents heretofore granted for his improvements in the “machinery for manufacturing bottle corks,” and in the “pump for air or water.”

Ordered , That said memorial and petition be referred to the Committee on the Judiciary.

Mr. Kent presented the petition of Christopher Taylor, a surgeon's mate in the army of the revolution, praying to be paid the usual commutation of five years' pay, with interest.

Mr. Preston presented the petition of Richard Wall, who was a “cadet of marines” in the service of the United States, during the war of the revolution, praying to be compensated for his services and sacrifices.

Mr. Tyler presented the petition of Benjamin Harrison, praying that commissions may be allowed on the disbursements made by his father during the war of the revolution, as a deputy paymaster general, or that the commutation of five years' pay of a colonel may be allowed.

Ordered , That the three petitions last mentioned be referred to the Committee on Revolutionary Claims.

Mr. Hendricks presented the memorial of the Legislative Council of the Territory of Arkansas, praying for an appropriation of $ 15,000 to open a road from Helena to intersect the Memphis and Little Rock road.

Mr. McKean presented the memorial of sundry citizens of Lancaster county, in Pennsylvania, praying that appropriations may be made for establishing a steamboat navigation between the seaboard and the lakes, and between Lake Michigan and the Illinois river.

Ordered , That the two memorials last mentioned be referred to the Committee on Roads and Canals.

Mr. Hendricks presented the petition of Aaron Fitzgerald, a pensioner of the United States, praying for an increase of his pension.

Mr. White presented the petition of Christopher F. Winters, praying for a pension in consideration of a disability contracted during the late war.

Ordered , That the two petitions last mentioned be referred to the Committee on Pensions.

0049 49

Mr. Sprague presented the petition of Thomas Fillebrown, jr., praying for an additional allowance for disbursing the navy hospital fund.

Mr. Robinson presented the petition of Peleg Spencer, praying to be remunerated for a wagon and horses lost in the late campaign against the Indians.

Mr. Chambers presented the petition of the representatives of John Donnell, deceased, praying remuneration for losses sustained by the illegal detention of his vessel and cargo by an officer of the navy.

Mr. Bibb presented the petition of James Ord, praying to be compensated for certain services rendered as a clerk in the office of Solicitor of the Treasury.

Ordered , That the four petitions last mentioned be referred to the Committee of Claims.

Mr. Preston presented the memorial of Thomas Sumter, praying to be compensated for extra services performed while minister to Brazil; and

He presented the petition of Michael Kelly, praying to be indemnified for losses sustained at St. Jago, in the island of Cuba, in the year 1805; and

Ordered , That said memorial and petition be referred to the Committee on Foreign Relations.

Mr. Chambers presented the petition of John Rodgers, senior captain in the navy, praying for extra allowances.

Mr. Wilkins presented the petition of Andrew Armstrong, late navy agent at Lima, in Peru, praying for an equitable settlement of his accounts.

Mr. Shepley presented the petition of the widow of John Stone, deceased, who was a seaman in the private armed service of the United States, praying for a pension.

Mr. Wright presented the memorial of Edmund Fanning and Benjamin Pendleton, praying assistance in a contemplated exploring expedition to the South Seas.

Ordered , That the four petitions last mentioned be referred to the Committee on Naval Affairs, and that the latter be printed.

Mr. Chambers presented the petition of the guards and turnkeys employed at the jail of Washington county, in the District of Columbia, praying for an increase of their compensation; and

Ordered , That it be referred to the Committee on the District of Columbia.

Mr. Silsbee presented the petition of sundry citizens of the States of Massachusetts and Maine, interested in navigation, praying that a breakwater may be constructed at Long Cove for the protection of the harbor of Sandy Bay, in Massachusetts; and

Ordered , That it be referred to the Committee on Commerce.

Mr. Wilkins presented the petition of the Little Schuylkill Navigation Railroad and Coal Company, in Pennsylvania, praying for a remission of duties on the importation of its iron and locomotive engines; and

He presented the petition of the Philadelphia Exchange Company, praying for a remission of duties on certain pieces of sculptured marble imported for its use; and

Ordered , That said petitions be referred to the Committee on Finance.

Mr. Wright presented the petition of Alexander Macomb, major general in the army, praying that, in the settlement of his accounts, he may be allowed pay according to his brevet rank.

Mr. Tipton presented the petition of Wm. T. Lewis and Hiram H. Lewis, 7 0050 50 privates in the corps of rangers, praying to be compensated for the loss of we horses while in the line of their duty.

Mr. Benton presented documents in support of the claims of Colonel John Clark and others, for military services on the frontiers of Arkansas, in the year 1830.

Ordered , That the two petitions, and the documents last mentioned, be referred to the Committee on Military Affairs.

On motion by Mr. Hendricks,

Ordered , That he have leave to withdraw the petition on the files of the 1st session of the 21st Congress, from sundry citizens of Princeton, in Gibson county, in the State of Indiana, against the practice of transporting the mail on the Sabbath.

On motion by Mr. Poindexter,

Ordered , That the message received from the President of the United States, on the 5th instant, communicating his reasons for withholding his signature from the bill “to appropriate, for a limited time, the proceeds of the sales of the public lands of the United States, and for granting lands to certain States,” be referred to the Committee on Public Lands.

On motion by Mr. Poindexter,

Ordered , That so much of the President's message, of the 3d instant, as relates to the subject be referred to the Committee on Public Lands.

On motion by Mr. Grundy,

Ordered , That so much of the President's message, of the 3d instant, as relates to the subject, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Chambers,

Ordered , That the memorial from the Baltimore and Ohio Railroad Company, presented on the 11th instant, be referred to the Committee on the District of Columbia.

On motion by Mr. Kent,

Ordered , That the memorial of John A. Webster, presented on the 16th instant, be referred to the Committee on Naval Affairs.

On motion by Mr. Silsbee,

Ordered , That so much of the President's message, of the 3d instant, as relates to the subject, be referred to the Committee on Commerce.

On motion by Mr. Webster,

Ordered , That the petition from the inhabitants of Cincinnati, in favor of the free navigation of the Ohio river, presented on the 10th instant, be referred to the Committee on Roads and Canals.

On motion by Mr. Webster,

Ordered , That so much of the President's message, of the 3d instant, as relates to the subject, be referred to the Committee on Finance.

On motion by Mr. King, of Alabama,

Ordered , That the petition of John Martinieu, on the flies of the last session, be referred to the Committee on Public Lands.

On motion by Mr. Tipton,

Ordered , That the petition of John Kimberlin, on the files of the last session, be referred to the Committee of Claims.

On motion by Mr. White,

Ordered , That so much of the President's message, of the 3d instant, as relates to the subject, be referred to the Committee on Indian Affairs.

On motion by Mr. Southard,

0051 51

Ordered , That so much of the President's message, of the 3d instant, as relates to the subject, be referred to the Committee on Naval Affairs.

On motion by Mr. Benton,

Ordered , That so much of the President's message, of the 3d instant, as relates to the subject, be referred to the Committee on Military Affairs.

On motion by Mr. King, of Alabama,

The Senate resumed the consideration of the motion submitted by him on the 11th instant, for the appointment of an agent to ascertain the losses sustained by the capture of Fort Mims by the Creek Indians, in 1814, and agreed thereto.

Agreeably to notice given, Mr. Ewing asked and obtained leave to bring in a bill for the relief of the representatives of Hugh McGennis, deceased; which was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee of Claims.

Mr. Ewing presented sundry documents relating to the last mentioned bill; and

Ordered , That they be referred to the Committee of Claims.

Agreeably to notice given, Mr. Hendricks asked and obtained leave to bring in a bill for the relief of the heirs and legal representatives of Captain Robert Bealle, deceased; which was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Revolutionary Claims.

Agreeably to notice given, Mr. Tyler asked and obtained leave to bring in a bill for the relief of William McKinley; which was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Finance.

Agreeably to notice given, Mr. Bibb asked and obtained leave to bring in a bill for the relief of the sureties of John H. Morton; which was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on the Judiciary.

Mr. Bibb presented sundry documents relating to the last mentioned bill; and

Ordered , That they be referred to the Committee on the Judiciary.

Agreeably to notice given, Mr. Silsbee asked and obtained leave to bring in a bill for the relief of Phineas Sprague and others, late owners of the schooner Two Brothers; which was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Commerce.

The following motion, submitted by Mr. Frelinghuysen, was considered and agreed to:

Resolved , That, unless otherwise ordered, the usual number of copies of any document ordered by the Senate to be printed, shall be 775; of the Journal, 1,010; and of bills, joint resolutions, and amendments, 430; to be distributed, as heretofore, under the direction of the Secretary.

On motion by Mr. Benton,

The Senate resumed, as in Committee of the Whole, the bill to grant to the State of Missouri a certain quantity of land for purposes of internal improvement; and

Ordered , That it be referred to the Committee on Public Lands.

The bill to graduate the price of the public lands which have been longest 0052 52 in market; to make provision for actual settlers; and to cede the refuse and unsaleable lands to the States in which they lie;

The bill authorizing the relinquishment of the sixteen sections granted for the use of schools, and the entry of other lands in lieu thereof;

The bill to appropriate, for a limited time, the proceeds of the sales of, the public lands of the United States, and for granting land to certain States; and

The bill to revive the act, entitled “An act to grant pre-emption rights to settlers on the public lands,” approved May 29, 1830; were severally read the second time, and considered as in Committee of the Whole; and

Ordered , That they be respectively referred to the Committee on Public Lands.

The bill authorizing the establishment of a pension agency in North Alabama, was read the second time, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Pensions.

The bill to provide for the fulfilment of the compact of 1802, between the United States and the State of Georgia, was read the second time, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Indian Affairs.

The bill to provide for the satisfaction of claims due to certain American citizens for spoliations committed on their commerce prior to the 30th day of September, 1800, was read the second time, and considered as in Committee of the Whole; and,

On motion by Mr. Webster,

Resolved , That it be referred to a select committee, to consist of five members, to consider and report thereon.

Ordered , That Mr. Webster, Mr. Preston, Mr. Chambers, Mr. Grundy, and Mr. Prentiss, be the committee.

Agreeably to the order of the day, the Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for removing the public moneys from the Bank of the United States and its branches, to certain State banks; and,

On motion by Mr. Clay,

Ordered , That it be postponed to Monday next.

The bill for the relief of Ashbel G. Ralston and Gerard Ralston was read the second time, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Finance.

The bill to increase and regulate the pay of the surgeons and assistant surgeons of the army was read the second time, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Military Affairs.

The bill for the relief of the legal representatives of Theodore Brightwell, deceased, was read the second time, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on the Judiciary.

The bill for the relief of Thomas Rhodes and Jeremiah Austill; and

The bill for the relief of John Chandler and Wm. Johnson, were severally read the second time, and considered as in Committee of the Whole; and

Ordered , That they respectively be referred to the Committee on the Post Office and Post Roads

The bill for the relief of Eli Robinson;

The bill for the relief of John McCartney; and

0053 53

The bill to amend an act for the payment of horses and arms lost in the military service of the United States against the Indians on the frontiers of Illinois and Michigan Territory, were severally read the second time, and considered as in Committee of the Whole; and

Ordered , That they be respectively referred to the Committee of Claims.

The bill for the relief of the legal representatives of William Mosby; and

The bill for the relief of the legal representatives of Robert White, were severally read the second time, and considered as in Committee of the Whole; and

Ordered , That they be severally referred to the Committee on Revolutionary Claims.

Mr. Tyler presented a document in relation to the last mentioned bill; and

Ordered , That it be referred to the Committee on Revolutionary Claims.

The Senate then adjourned.

THURSDAY, December 19, 1833. Link to Annals.

Mr. Prentiss presented the petition of Benjamin Samson, a pensioner of the United States, praying for an increase of his pension.

Mr. Preston presented the petition of the widow of Ledford Berry, deceased, late a pensioner of the United States, praying that the pension of her late husband may be continued to her, and for the arrears now due.

Mr. Bell presented the petition of Samuel Remick, a pensioner of the United States, praying for the payment of arrears of his pension.

Mr. Sprague presented a document in support of the claim of Noah Miller to a pension.

Ordered , That the said petitions and document be referred to the Committee on Pensions.

On motion by Mr. Prentiss,

Ordered , That the petition of Bissell Phelps, on the files of the last session, be referred to the Committee on Pensions; and

That the petition of Guy Catlin, also on the files of the last session, be referred to the Committee of Claims.

Mr. Linn presented the memorial of the Legislature of the State of Missouri, praying that the refuse and unsaleable public lands may be given to actual settlers, or ceded to the States in which they lie; and

He presented the petition of the widow of Clement B. Penrose, deceased, praying for additional compensation for services rendered by her husband as land commissioner in Missouri.

Mr. Bibb presented the petition of Stephen Theodore Baden, Catholic missionary to the Indians on St. Joseph's river, in Michigan, praying that he may be confirmed in the land on which his improvements are erected; and that a section and a half of land may be granted to him to remunerate his expenses and services.

Ordered , That the memorial and two petitions last mentioned be referred to the Committee on Public Lands.

Mr. Rives presented the petition of the heirs of Joseph C. Megginson, deceased, who was the sole heir of William Megginson, who died while performing the duties of a captain in the army of the revolution, praying that the seven years' half pay to which the heirs of officers of a similar grade are entitled, including interest thereon, may be paid to them.

Mr. Frelinghuysen presented the petition of the legal representatives of Jacob Dunn, deceased, who was a captain in the army of the revolution, 0054 54 praying that the commutation money to which the deceased was entitled may be paid with interest.

Mr. Chambers presented the petition of Elizabeth Scott, praying to be paid the commutation money to which her late father, William Blackwell, was entitled as a captain in the army of the revolution.

Mr. Wright presented the petition of Catherine N. B. Van Rensselaer, praying that the commutation money due to her late father, as an assistant surgeon in the army of the revolution, may be paid.

Mr. Tyler presented the petition of the legal representatives of Robert Jouett, deceased, praying that the commutation money due to the deceased as a lieutenant in the army of the revolution, may be paid, with interest; and

He presented the petition of the legal representatives of Alexander Dick, deceased, praying that the commutation money due to the deceased as a major in the army of the revolution, may be paid, with interest.

Mr. Wilkins presented the petition of the legal representatives of George Gibson, deceased, praying that the balance due the deceased on account of his commutation money as a colonel in the army of the revolution, may be paid, with interest.

Mr. Hill presented the petition of the widow of Daniel Hobart, deceased, praying remuneration for her husband's revolutionary services.

Ordered , That the eight petitions last mentioned be referred to the Committee on Revolutionary Claims.

Mr. Clay presented the petition of sundry inhabitants of Schenectady, in New York, praying that provision may be made by law to prevent, as far as practicable, the exposure of human life to the calamity of fire on board steamboats; and

Ordered , That it be referred to the Committee on Naval Affairs, and printed.

Mr. Silsbee presented the petition of Hale Hilton, praying to be remunerated for losses sustained by French spoliations committed prior to the year 1800; and

Ordered , That it be referred to the select committee appointed yesterday on that subject.

Mr. Wright presented the petition of the administrator of Michael Hogan, deceased, praying that the claim of the deceased for indemnity for losses sustained by reason of the non-payment of certain bills drawn by him as mercantile agent for furnishing supplies to the ships of war of the United States visiting the ports of Chili, on the Navy Department, may be allowed; and

Ordered , That it be referred to the Committee on Naval Affairs.

Mr. Wilkins presented the petition of the legal representatives of Theodore Burr, deceased, praying for the extension of the patent granted to the deceased in his lifetime, for his improvement in building bridges; and

Ordered , That it be referred to the Committee on the Judiciary.

Mr. Wilkins presented the memorial of sundry merchants of Philadelphia, praying that certain duties paid by them at the custom-house in that city, may be refunded; and

He presented the petition of the Philadelphia Board of Trade on the same subject; and

Ordered , That the said memorial and petition be referred to the Committee on Finance.

Mr. Hill presented resolutions of the Legislature of the State of New 0055 55 Hampshire, instructing the Senators, and requesting the Representatives from that State in Congress, to use their exertions to procure the passage of a law providing for a more perfect and uniform organization of the militia; and

Ordered , That they be referred to the Committee on the Militia, and printed.

Mr. Hill presented the memorial of the inhabitants of the Territory of Michigan, praying for aid in making a road from Vistula, on the Maumee river west, to the line of the State of Indiana; and

Ordered , That it be referred to the Committee on Roads and Canals.

Mr. Tipton presented the petition of James Barnett and Samuel Hanna, praying that the surveys of the lands granted to the Miami Indians by the treaty of the 6th October, 1818, at St. Mary's, in Ohio, may be legalized and

Ordered , That it be referred to the Committee on Indian Affairs.

Mr. King, of Alabama, presented sundry documents relating to the bill for the relief of Thomas Rhodes and Jeremiah Austill, and the bill for the relief of John Chandler and William Johnson; and

Ordered , That they be referred to the Committee on the Post Office and Post Roads.

Mr. Chambers presented the petition of George Armstrong, praying to be paid for a quantity of tobacco forcibly taken from him by the British forces in 1814; and

Ordered , That it be referred to the Committee on Military Affairs.

On motion by Mr. King, of Alabama,

Ordered , That the petition on the files of the last session, of the widow of Thomas H. Boyles, deceased, be referred to the Committee on Private Land Claims; and that the petition of the inhabitants of Portersville, in Alabama, for a light-house, also on the files of the last session, be referred to the Committee on Commerce.

On motion by Mr. Tyler,

Ordered , That the petition of the heirs of Moses Shepherd, deceased, on the files of the last session, be referred to the Committee of Claims.

Mr. Tomlinson presented the petition of Daniel Bradley, praying to be paid for a horse lost in the military service of the United States; and

Ordered , That it be referred to the Committee of Claims.

Mr. Moore presented the petition of Samuel Dale, praying to be paid for a quantity of coffee illegally taken from him by the revenue officers in 1813; and

Ordered , That it be referred to the Committee on Finance.

On motion by Mr. Moore,

Ordered , That the petition of Elijah Simmons, on the files of the last session, be referred to the Committee on Private Land Claims.

Agreeably to notice given, Mr. Poindexter asked and obtained leave to bring in a bill for the relief of Elihu Hall Bay and others, confirming grants to lands in the district west of Pearl river, derived from the British Government of West Florida, which was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Private Land Claims.

Agreeably to notice given, Mr. Chambers asked and obtained leave to bring in a bill providing for the final settlement of the claims of States for interests on advances to the United States, made during the last war; which 0056 56 was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on the Judiciary.

Agreeably to notice given, Mr. Tyler asked and obtained leave to bring in a bill to repeal an act, entitled “An act providing, for the better organization of the Treasury Department,” approved the 15th of May, 1820; which was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Finance.

Mr. Southard, from the Committee on Naval Affairs, to whom was referred the petition of John A. Webster, reported a bill for his relief; which was read; and

Ordered , That it pass to a second reading.

On motion by Mr. Grundy, and by unanimous consent,

Resolved , 1st. That the Postmaster General be directed to communicate to the Senate a statement of all the allowances made by him beyond the sums stipulated in the original contract, since the 6th of April, 1829, specifying, in every case, the service to be performed by the original contract, and the sums to be paid thereon; the nature and extent of each facility or improvement, and the extra allowance made therefor; and the names of the persons to whom the allowance has been made, and at what time.

2d. A statement of the curtailments of facilities lately made by the Department, specifying each route, and the names of the respective contractors, and the amount of the diminution of service, and of compensation in each case; also, what routes, if any, have been discontinued.

3d. The expense incurred in putting into operation the post routes established by the act of the 15th June, 1832, and the cost of transporting the mail on said routes in each year.

The Vice President communicated a report of the Commissioner of Public Buildings, showing the expenditures of the current year for alterations and repairs in the Capitol and President's house; for improving the Capitol and President's squares; for improving Pennsylvania avenue; for conveying water to the Capitol and public offices; for paving terrace and footways; and for improving the public grounds.

The following motions, submitted by Mr. Robbins, were considered and agreed to:

Resolved , That the Committee on Naval Affairs be instructed to inquire into the expediency of establishing a naval depot and port of expedition and rendezvous within the waters of Narragansett bay.

Resolved , That so much of the report of the Board of Navy Commissioners, made October 19th, 1829, and of the report of the Secretary of the Navy, made December 6th, 1830, as relates to the establishment of a depot within said waters, together with the report of the survey of said bay, communicated to the Senate December 19th, 1832, with the several charts relating to the same, be referred to the said committee.

The following motions, submitted by Mr. Hendricks, were considered and agreed to:

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of making an appropriation to remove obstructions to the navigation of the Wabash river; and that the documents on that subject now on file in the office of the Secretary of the Senate be also referred to the same committee.

0057 57

Resolved , That the Committee on the Post Office and Post Roads be instructed to inquire into the expediency of establishing a post route from Greensburgh, by Fugitsville, Hartville, Goshen, and Newburgh, to Columbus; also, a post route from Indianapolis, by Danville, Bainbridge, and Clintonville, to Rockville.

The following motion, submitted by Mr. Tipton, was considered and agreed to:

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of making appropriations for the following objects, viz.

First . An appropriation for constructing a ship channel to connect the waters of the river Raisin with Laplaisance bay, in the Territory of Michigan, under the direction of the War Department.

Second . An appropriation for constructing a harbor at the mouth of the St. Joseph's river, on Lake Michigan, in the Michigan Territory.

Third . An appropriation to defray the expense of surveying the obstructions to the navigation of the St. Joseph's river and its tributaries, as far up as the said streams may be considered navigable.

Fourth . An appropriation for constructing a harbor at the mouth of Trail creek, on Lake Michigan, in the State of Indiana.

The following motion, submitted by Mr. Moore, was considered:

Resolved , That the Secretary of War communicate to the Senate the correspondence between that department and the several agents and other persons who have been employed in the removal, or in the arrangement for removal, of the Indian tribes; also, all correspondence between the department and other individuals, on the subject of Indian affairs, including the names of agents or other persons who have been engaged in making Indian treaties, in the removal of Indians, taking the census of Indians or in locating the reservations allowed by treaties to Indians; with a statement of the several sums disbursed by each, showing the amount expended, the persons to whom it has been paid, and the specific services or consideration for which they have been paid; and,

On motion by Mr. Wilkins,

Ordered , That it be laid on the table.

The following motion, submitted by Mr. Poindexter, was considered and agreed to:

Resolved , That the Secretary of the Treasury be directed to communicate to the Senate,

1st. The whole amount of public lands belonging to the United States, sold since they were ceded to the United State, exhibiting the net proceed, and distinguishing between those which have been sold within the limits of Louisiana, Florida, and other parts of the United States, respectively, and including the latest returns.

2d. The whole amount of public lands Which have been surveyed and exposed to sale in the several States and Territories; and showing the amount sold, and the amount remaining, to be sold, according to the last returns.

3d. The amount which has been actually patented in bounties to the army during the late war.

4th. The amount granted to each of the several States and Territories, and for what purposes

5th. The amount set apart or reserved for schools in the several States and Territories. 8

0058 58

6th. The amount granted in donations for the cultivation of the vine and olive, to La Fayette, and for all other purposes.

The following motions, submitted by Mr. Clay, were considered:

Resolved , That the Secretary of the Treasury be directed to communicate to the Senate a copy of the entire letter addressed by Mr. Crawford, when Secretary of the Treasury, under date the 13th February, 1817, to the President of the Mechanics' Bank of New York, an extract from which is recited in his report to Congress, of the 3d of December, 1833; and copies of the other correspondence of Mr. Crawford with the banks about that period, to passages in which the Secretary alludes in the same report.

Resolved, also , That the Secretary be directed to communicate to the Senate a copy of the correspondence between the agent appointed during the last summer, to inquire upon what terms the State banks would undertake to perform the services to the Government which had been performed by the Bank of the United States and the said banks; a copy of the report made, if one were made, by the said agent to the Secretary, or to the Executive; the name of the agent, his compensation, and in virtue of what law he was so appointed.

On motion by Mr. Benton,

The said motions were amended by adding to the last the following words:

Also, That the Secretary communicate to the Senate the monthly statements of the affairs of the Bank of the United States for the current year, which have not been heretofore communicated; also, the entire correspondence between the Secretary of the Treasury and the President of the Bank of the United States for the first half or the year 1819.

The said motions were then agreed to.

On motion by Mr. Mangum,

The Senate proceeded to consider the message received from the President of the United States on the 12th instant, declining to comply with the resolution of the Senate of the 11th, requesting him to communicate “a copy of the paper which has been published, and which purports to have been read by him to the heads of the Executive Departments, dated the 18th day of September last, relating to the removal of the deposites of the public money from the Bank of the United States and its offices;” and,

On motion by Mr. Mangum,

Resolved , That it be referred to a select committee, to consist of seven members, to consider and report thereon.

Ordered , That Mr. Mangum. Mr. White, Mr. Forsyth, Mr. Ewing, Mr. Bibb, Mr. Southard, and Mr. Rives, be the committee.

A message from the House of Representatives, by Mr. Franklin, their Clerk:

Mr. President: The House of Representatives have passed a resolution for the appointment of a joint committee on the library of Congress, and have appointed Mr. Everett, of Massachusetts, Mr. Wayne, and Mr. Loyall, of the proposed committee, on their part; in which resolution they request the concurrence of the Senate.

The said resolution was read and considered; and,

On motion by Mr. Robbins,

Resolved , That the Senate concur therein.

Ordered , That Mr. Robbins, Mr. Poindexter, and Mr. Bibb, be of the said committee on the part of the Senate.

0059 59

Ordered , That the Secretary notify the House of Representatives accordingly.

On motion by Mr. Bibb,

Resolved , That when the Senate adjourns, it be to Monday next.

The Senate then adjourned.

MONDAY, December 23, 1833. Link to Annals.

Mr. Poindexter communicated the credentials of the Honorable John Black, appointed a Senator by the Legislature of the State of Mississippi, for the term of six years from the 3d day of March last; which were read; and the oath prescribed by law was administered to Mr. Black, and he took his seat in the Senate.

On motion by Mr. Kane,

Ordered , That the petitions of John Kirkpatrick, Daniel Malone, George Derrington, and the trustees of the Union College of Illinois, on the files of the last Congress, be severally referred to the Committee on Public Lands.

On motion by Mr. Ewing,

Ordered , That the petition of Peter Mills, on the files of the last session, be referred to the Committee on Private Lands Claims.

On motion by Mr. Tyler,

Ordered , That the Committee of Claims be discharged from the consideration of the petition of the heirs of Moses Shepherd, deceased, and that it be referred to the Committee on Roads and Canals.

On motion by Mr Tyler,

Ordered , That the petition of Daniel Steenrod, on the files of the twenty-first Congress, be referred to the Committee on Roads and Canals.

On motion by Mr. Smith,

Ordered , That Ithiel Town have leave to withdraw his petition and papers from the files of the last session.

On motion by Mr. King, of Alabama,

Ordered , That the petition of Andrew Henshaw, on the files of the last session, be referred to the Committee on Public Lands; and

That the memorial of the merchants and others, of Mobile, in Alabama, for an appropriation to improve their harbor, on the files of the last session, be referred to the Committee on Commerce.

On motion by Mr. Moore,

Ordered , That the petition and papers of Simeon Gerron, on the files of the last session, be referred to the Committee of Claims.

On motion by Mr. Sprague,

Ordered , That the petition of David and Ebenezer Robinson, on the files of the last session, be referred to the Committee on Commerce.

On motion by Mr. Linn,

Ordered , That the memorial on the files of the last session, of Thomas Talbot and others, for indemnity for Indian spoliations, be referred to the Committee on Indian Affairs.

Mr. Forsyth presented the petition of James Kirkpatrick, praying to be released from his liability as security for one Joseph J. Thompson, a mail contractor.

Mr. Grundy presented the petition of John P. Chester, postmaster at Jonesborough, Tennessee, praying that his account may be credited with a 0060 60 sum of money lost by the robbery of his office on the 9th of November, 1831.

Ordered , That the two petitions last mentioned be referred to the Committee on the Post Office and Post Roads.

Mr. Silsbee presented the petition of Stephen C. Phillips, owner of the barque Pert, praying to be remunerated for losses sustained, and expenses incurred by the captain of said vessel, in ransoming and conveying to the United States the officers and crews of two American vessels which had been wrecked on one of the Fegee islands, in the Eastern Indian ocean; and

Ordered , That it be referred to the Committee on Commerce.

Mr. Wright presented the petition of the importers of hardware in the city of New York, praying that the tariff act of 1833 may be so modified as that duties may not be chargeable upon the commissions paid for the purchase of foreign goods, when such commissions do not exceed six per cent.; and

He presented the petition of the hardware merchants of the city of New York, praying for the repeal of articles 10 and 12 of the tariff act of 1833, regulating the manner of assessing the duties upon various articles of hardware; and

Ordered , That they be referred to the Committee on Manufactures.

Mr. Wright presented the petition of Wolcott Chauncey, a captain in the navy, praying to be indemnified for losses sustained on Treasury notes expended by him in the naval service in 1814 and 1815; and

Ordered , That it be referred to the Committee on Naval Affairs.

Mr. Tyler presented the petition of the heirs of Benjamin Hoomes, deceased; the petition of the executor of Carter Page, deceased; the petition of the administrator of William Sanford, deceased; and the petition of the heirs of Cary H. Hansford, deceased; severally praying for the payment of the claims of the deceased for commutation money as officers in the army of the revolution.

Mr. Forsyth presented the petition of the heirs of Thomas Merriwether, deceased, praying that the claim of the deceased for commutation money, as an officer in the army of the revolution, may be paid.

Ordered , That the five petitions last mentioned be referred to the Committee on Revolutionary Claims.

Mr. Tyler presented the petition of John Nicholas and others, surviving officers of the revolutionary army, praying that a further appropriation of public land be made for satisfying their warrants granted for revolutionary services.

Mr. Linn presented the petition of the inhabitants of St. Charles county, Missouri, praying a donation of land for the endowment of St. Charles College.

He presented a resolution of the Legislature of the State of Missouri, instructing the Senators, and requesting the Representatives from that State in Congress, to endeavor to obtain the passage of a law directing the sale of certain lands, and creating a new land office for the southwestern part of the State; and

He presented the memorial of the same Legislature, praying to be authorized to exchange some of the school lands in that State.

Mr. King, of Alabama, presented the memorial of the Legislature of that State, praying that relief be extended to certain purchasers of public lands therein.

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Ordered , That the two petitions, resolution, and two memorials last mentioned, be referred to the Committee on Public Lands, and that the memorial from Alabama be printed.

Mr. Grundy presented the petition of John Hagey, praying for a pension in consideration of revolutionary services; and

Ordered , That it be referred to the Committee on Pensions.

Mr. Robinson presented the petition of Asher P. Dedrick, praying to be remunerated for losses sustained by Indian depredations in 1827; and

Ordered , That it be referred to the Committee on Indian Affairs.

Mr. Tipton presented documents in support of the claims of Marshal B. McKeever, Benjamin Crissman, George Clipper, and Alfred Huckleberry, to remuneration for horses lest in the military service of the United States; and

He presented the petition of Stephen Sparks, to be remunerated for horses taken from him by the hostile Indians during the late war.

Mr. Shepley presented the petition of the administrator of John Mussey, deceased, setting forth that the intestate was prevented from funding certain continental money which the law authorized at the time, and praying for relief.

Ordered , That the documents and two petitions last mentioned be referred to the Committee of Claims.

Mr. Tipton presented the petition of James Smith, praying for a pension in consideration of his services against the Indians; and

Ordered , That it be referred to the Committee on Pensions.

Mr. Preston presented the memorial of the representative of the late firm of Mann and Foltz; the memorial of Daniel O'Hara and others; and the memorial of the representatives of William Crafts, deceased; severally praying to be indemnified for losses sustained by French spoliations prior to 1800; and

Ordered , That they be referred to the select committee appointed the 18th instant on that subject.

Mr. Rives presented the memorial of the inhabitants of Wheeling, in Virginia; and

Mr. Clay presented the memorial of sundry inhabitants of Pittsburgh, in Pennsylvania; severally praying that the stockholders in the Louisville and Portland Canal Company may be indemnified, and the navigation of the canal be made free.

Mr. Wilkins presented the memorial of sundry inhabitants of Pittsburgh, in Pennsylvania, praying that the United States may provide for the completion of the western section of the Chesapeake and Ohio canal.

Ordered , That the three memorials last mentioned be referred to the Committee on Roads and Canals.

Mr. Wilkins presented the petition of Stephen Kingston, praying to be indemnified for losses sustained by the illegal seizure of his vessel and cargo of by the British Government, at the port of Limerick, in Ireland, in 1809; and

Ordered , That it be referred to the Committee on Foreign Relations.

Mr. Southard presented the memorial of Thomas F. Gordon, praying for the patronage of Congress to a new edition of his Digest of the Laws of the United States; and

Ordered , That it be referred to the Committee on the Library of Congress.

Mr. Clay presented the petition of Maurice and Paulina Langhorn, whose 0062 62 ancestor wss the late Commodore Walter Brooke, praying to be indemnified for the loss of their share of the land scrip issued in September last to the heirs of said Brooke, by an erroneous decision of the land officer; and

Ordered , That it be referred to the Committee on Finance.

Mr. Linn presented the memorial of the Legislature of Missouri, praying that a depot of arms be established on the Upper Missouri and Mississippi rivers; and

Ordered , That it be referred to the Committee on Military Affairs.

Agreeably to notice given, Mr. Tipton asked and obtained leave to bring in a bill to aid in the construction of certain roads in the Territory of Michigan; which was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred, with all the documents relating to it on file, to the Committee on Roads and Canals.

Mr. King, of Alabama, from the Committee on Military Affairs, to whom was referred the petition of Mountjoy Bayly, reported a bill for his relief; which was read; and

Ordered , That it pass to a second reading.

On motion by Mr. White, and by unanimous consent,

Resolved , That the Committee on Naval Affairs be instructed to inquire into the expediency of restoring to the pension list Mrs. Ellen Dix, widow and relief of the late Doctor Dix, who was a surgeon in the navy of the United States.

The following motion, submitted by Mr. Webster, was considered and agreed to:

Resolved , That the Committee on Naval Affairs be instructed to require into the expediency of passing a law for preventing, as far as may be, accidents to vessels employed in the foreign or coastwise commerce of the United States, from the explosion of steam.

The following motion, submitted by Mr. King, of Alabama, was considered and agreed to:

Resolved , That the Committee on Public Lands be instructed to inquire into the expediency of authorizing the Secretary of the Treasury to pay over to the State of Alabama, to be applied to the construction of a railroad from the Tennessee to the Alabama river, two per cent. of the proceeds of the sales of the public lands which has been set apart for making roads to and from said State, under the direction of Congress.

The following motions, submitted by Mr. Tipton, were considered and agreed to:

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of making an appropriation for building a light-house at the mouth of the Kalamazoo and Grand rivers, on Lake Michigan, Michigan Territory, and for surveying the bars at the mouths of both these rivers.

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of an appropriation for surveying the flats in Lake St. Clair, at the mouth of St. Clair river; and also, for removing the bar, and building a pier, if necessary, at the mouth of the river Clinton, in Lake St. Clair, in the Territory of Michigan.

The following motion, submitted by Mr. Poindexter, was considered and agreed to:

Resolved , That the Sergeant-at-Arms be authorized to subscribe for three daily papers published in the District of Columbia, for the use of the Senate.

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On motion by Mr. Wilkins,

The Senate resumed the consideration of the motion, submitted by Mr. Moore on the 19th instant; and it was modified and agreed to as follows:

Resolved , That the Secretary of War communicate to the Senate the correspondence between that Department and the several agents and other persons who have been employed in the removal, or in the arrangement for removal, of the Indian tribes, since the 28 th day of May , 1830; also, all correspondence between the Department and other individuals on the subject of Indian affairs, including the names of agents or other persons who have been engaged in making Indian treaties, in the removal of Indians, taking the census of Indians, or in locating the reservations allowed by treaties to Indians, with a statement of the several sums disbursed by each, showing the amount expended, the persons to whom it has been paid, and the specific services or consideration for which they have been paid.

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for removing the public money from the Bank of the United States and its branches, to certain State banks; and,

On motion by Mr. Clay,

Ordered , That it be further postponed to Thursday next.

The bill for the relief of John A. Webster was read the second time, and considered as in Committee of the Whole; and,

On motion by Mr. Forsyth,

Ordered , That it be laid on the table.

Agreeably to the order of the day, the Senate resumed, as in Committee of the Whole, the bill to repeal an act, entitled “An act further to provide for the collection of duties on imports,” approved March 2d, 1833; and,

On motion by Mr. Calhoun,

Ordered , That the consideration thereof be further postponed to, and made the order of the day for, Monday, the sixth of January next.

After the consideration of Executive business,

The Senate adjourned.

TUESDAY, December 24, 1833. Link to Annals.

Mr. Hendricks presented two memorials from the Legislative Council of the Territory of Arkansas, praying—

1st. For a law directing a road to be opened from Jackson, in Lawrence county, by way of the seats of justice in Izard and Washington counties, to Old Fort Smith, on the Arkansas river; and,

2d. For a road from Strong's, on the St. Francis river, by Litchfield, in Jackson county, to Batesville; and

Ordered , That they be referred to the Committee on Roads and Canals.

Mr. Hendricks presented a document in support of the claim of Aaron Fitzgerald for an increase of his pension; and

Ordered , That it be referred to the Committee on Pensions.

Mr. Tomlinson presented the memorial of the citizens of Bridgeport, in Connecticut, praying that an appropriation may be made for improving their harbor.

Mr. King, of Alabama, presented the memorial of the citizens, merchants, ship owners, and masters, of the city of Mobile, in that State, praying for the erection of a light-house at the entrance of their harbor.

Ordered , That the two memorials last named be referred to the Committee on Commerce.

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Mr. Tallmadge presented the petition of sundry inhabitants of Poughkeepsie, Washington, and Dover, in New York, and of Kent, New Milford, and Washington, in Connecticut, praying for an additional mail route; and

Ordered , That it be referred to the Committee on the Post Office and Post Roads.

Mr. Tallmadge presented resolutions of the Legislature of the State of New York, instructing the Senators, and requesting the Representatives from that State in Congress, to use their exertions to procure such amendments of the act of Congress organizing the militia as shall relieve the people, as far as practicable, from the burdens of the system, without impairing its efficiency; and

Ordered , That they be referred to the Committee on the Militia, and printed.

Mr. King, of Alabama, presented the petition of sundry citizens of Mobile county, in that State, who are occupants of public lands, praying that the right of pre-emption may be granted for lands elsewhere, to such of them as have been superseded by the act of the 29th May, 1830.

Mr. Linn presented the memorial of the Legislature of the State of Missouri, praying that the registers of the respective land offices be directed by law to transcribe, in a fair hand, on the back of each patent, the field notes, free of expense to the patentee.

Mr. Black presented the petition of the inhabitants of township 14, range 9, west, in the Choctaw district, in Washington county, Mississippi, praying that Andrew Knox, who resides on the sixteenth section in said township, may be confirmed in his possession, upon paying the minimum price therefor; and that other land, for the use of schools, may be granted in lieu thereof.

Ordered , That the two petitions and memorial last mentioned be referred to the Committee on Public Lands.

Mr. Shepley presented the petition of Thomas Cutts, jr., praying to be remunerated for the loss of a share in a certain schooner which he purchased under an execution, at the suit of the United States against Moses Lowell and others, at Saco, in Maine, and of which he has since been legally dispossessed; and

Ordered , That it be referred to the Committee of Claims.

Mr. Silsbee presented the petition of Phineas Sprague, for himself and the owners, officers, and crew of the schooner Two Brothers, of Boston, Massachusetts, praying for the allowance of the bounty on a fishing voyage commenced by said vessel, to which she would have been entitled had she not been wrecked; and

Ordered , That it be referred to the Committee on Commerce.

Mr. Tyler presented the petition of the executor of Captain John Spottswood, deceased; and the petition of the heirs of Col. William Green Munford, deceased; severally praying for the payment of the claims of the deceased to commutation money, as officers of the army of the revolution; and

Ordered , That they be referred to the Committee on Revolutionary Claims.

Agreeably to notice given, Mr. Robinson asked and obtained leave to bring in a bill for the relief of Noah Staley; and

A bill for the relief of George Staley; which were severally read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That they be referred to the Committee on Public Lands.

Mr. Robinson presented documents in relation to the last mentioned bills; and

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Ordered , That they be referred to the Committee on Public Lands.

Agreeably to notice given, Mr. Bell asked and obtained leave to bring in a bill for the relief of Caleb Stark; which was read twice by unanimous consent, and considered as in Committee of the Whole: and

Ordered , That it be referred to the Committee of Claims.

Agreeably to notice given, Mr. Sprague asked and obtained leave to bring in a bill for the relief of Ebenezer Lobdell; which was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred, with the papers on file relating to it, to the Committee of Claims.

Agreeably to notice given, Mr. Poindexter asked and obtained leave to bring in a bill for the relief of Calvin Smith, of the State of Mississippi; which was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred, with the papers on file relating to it, to the Committee on Private Land Claims.

Agreeably to notice given, Mr. Kent asked and obtained leave to bring in a joint resolution to amend the Constitution of the United States so that bills returned by the President with objections, may become laws by the vote of a majority of the members of the two Houses of Congress; which was read; and

Ordered , That it pass to a second reading, and be printed.

Mr. Poindexter, from the Committee on Public Lands, to whom was referred a memorial of the State of Missouri, praying Congress to grant to the State certain portions of the public lands within the same, made a report, accompanied by the following resolution:

Resolved , That the prayer of the memorial ought not to be granted.

Mr. Poindexter, from the Committee on Private Land Claims, to whom was referred the bill for the relief of Elihu Hall Bay and others, confirming grants to lands in the district west of Pearl river, derived from the British Government of West Florida, reported it without amendment.

The following motion, submitted by Mr. King, of Alabama, was considered and agreed to:

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of repealing so much of the law relative to brevet rank as authorizes the President to confer that rank on officers who shall have served ten years in any one grade.

The following motion, submitted by Mr. Prentiss, was considered and agreed to:

Resolved , That the Committee on the Post Office and Post Roads be instructed to inquire into the expediency of establishing a post route from Bethel, through Stockbridge, Pittsfield, and Mendon, to Rutland, in Vermont.

The following motion, submitted by Mr. Robbins, was considered and agreed to:

Resolved , That the Committee on the Library be instructed to inquire into the expediency of procuring, to be executed by an American artist, a bust of the late Chief Justice Ellsworth.

Mr. Grundy, from the Committee on the Post Office and Post Roads, to whom had been referred

The bill for the relief of Thomas Rhodes and Jeremiah Austill; and

The bill for the relief of John Chandler and William Johnson; reported them severally without amendment. 9

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The bill for the relief of Mountjoy Bayly was read the second time, and considered as in Committee of the Whole; and no amendment having been proposed, it was reported to the Senate; and

Ordered , That it be engrossed, and read a third time.

A message from the House of Representatives, by Mr. Franklin, their Clerk:

Mr. President: The House of Representatives have passed a joint resolution providing for a temporary adjournment of Congress, in which they request the concurrence of the Senate.

The said resolution was read and considered; and,

On motion by Mr. Kane,

That the Senate concur therein,

It was determined in the negative.

So it was

Resolved , That the Senate do not concur therein.

Ordered , That the Secretary notify the House of Representatives accordingly.

On motion by Mr. Frelinghuysen,

Resolved , That when the Senate adjourns, it be to Thursday next.

After the consideration of Executive business,

The Senate adjourned.

THURSDAY, December 26, 1833. Link to Annals.

A message from the House of Representatives by Mr. Franklin, their Clerk:

Mr. President: The House of Representatives have passed bills of the following titles, in which they request the concurrence of the Senate, viz.

“An act for the relief of Samuel Thompson;”

“An act granting pensions to certain persons therein named;”

“An act for the relief of George Chinn;”

“An act for the relief of Benjamin Sherfey;”

“An act for the relief of the heirs of widow Robert Avart;”

“An act for the relief of Thomas Richardson;”

“An act for the relief of William S. Anderson;”

“An act for the relief of George H. Jennings;”

“An act for the relief of James H. Brewer;”

“An act for the relief of the legal representative of James Morrison, deceased;”

“An act for the relief of John Thompson;”

“An act for the relief of Richard Bagnall, executor of James B. Vaughan;”

“An act for the relief of Whitford Gill;”

“An act for the relief of Peregrine Gardner;”

“An act for the relief of Edward Willett;”

“An act for the relief of Jotham Lincoln, administrator of Samuel Burr Lincoln, deceased;”

“An act for the relief of John H. Maguire;”

“An act for the relief of Russell Hunt, David Hunt, and Amos Hunt;”

“An act for the relief of Philip Hickey;”

“An act for the relief of John Bills;”

“An act for the relief of Daniel Hazleton and William Palmer;”

“An act for the relief of Francis Barnes;”

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“An act for the relief of Joseph M. Harper;”

“An act for the relief of Martha Bailey and others;” and

“An act for the relief of Archibald Small.”

The following motion, submitted by Mr. Linn, was considered and agreed to:

Resolved , That the Committee on Public Lands be instructed to inquire into the expediency of making a grant of land to the widow and heirs of the late Felix St. Vrain, who was killed by the Indians in the late disturbances in the northwest.

The bill for the relief of Mountjoy Bayly, having been reported by the Committee correctly engrossed, was read the third time; and,

On motion by Mr. Wright,

Ordered , That it be laid on the table.

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for removing the public money from the Bank of the United States and its branches, to certain State banks; and,

On motion by Mr. Clay, that it be resolved—

1st. That, by dismissing the late Secretary of the Treasury, because he would not, contrary to his sense of his own duty, remove the money of the United States in deposite with the Bank of the United States and its branches, in conformity with the President's opinion, and by appointing his successor to effect such removal, which has been done, the President has assumed the exercise of a power over the Treasury of the United States, not granted to him by the constitution and laws, and dangerous to the liberties of the people.

2d. That the reasons assigned by the Secretary of the Treasury for the removal of the money of the United States deposited in the Bank of the United States and its branches, communicated to Congress on the 3d day of December, 1833, are unsatisfactory and insufficient.

On motion by Mr. Ewing,

Ordered , That the said report and motion be postponed to Monday next.

On motion by Mr. Ewing,

Resolved , That when the Senate adjourns, it be to Monday next.

The Senate then adjourned.

MONDAY, December 30, 1833. Link to Annals.

The Vice President communicated two reports from the Secretary of the Treasury, prepared in obedience to resolutions of the Senate of the 11th and 19th instant, viz.

1st. Transmitting certain correspondence of William H. Crawford, while Secretary of the Treasury, with certain State banks, and referred to in the report of the Secretary of the Treasury to Congress, dated the 3d day of December instant, on the removal of the public money from the Bank of the United States, accompanied by statements of the affairs of the Bank of the United States for the current year; and

2d. Showing the amount of public money which has been in the Bank of the United States at specified periods, from the commencement of its operations; also, the banks selected as depositories of the public money instead of the said bank and its branches, the amount of their respective capitals, the duration of their respective charters, the amount of their respective debts, the amount of notes in circulation, the amount of specie in their respective vaults, and the amount of the public deposites in each.

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On motion by Mr. Clay,

Ordered , That the said reports be laid on the table, and printed.

Mr. Chambers presented the petition of Doctor William Baker, praying to be compensated for professional services rendered to the wounded soldiers left in the city of Washington in 1814, by the British army; and

Ordered , That it be referred to the Committee on Military Affairs.

Mr. Wilkins presented the petitions of the legal representative of Abner L. Duncan, late of the city of New Orleans, deceased, praying—

1st. To be paid for a quantity of clothing furnished by the deceased to a company of militia which had been called into the service of the United States in 1803; and

2d. That the estate of the deceased be exonerated from liability on account of sundry official bonds which have become forfeited; and

Ordered , That the first be referred to the Committee of Claims, and that the second be referred to the Committee on the Judiciary.

Mr. Wilkins presented documents in support of the claim of Matthew Irwin for losses sustained by Indian depredations in 1812; and

Ordered , That they be referred to the Committee on Indian Affairs.

On motion by Mr. Wilkins,

Ordered , That so much of the President's message at the opening of the session as relates to the subject, be referred to the Committee on Foreign Relations.

Mr. Poindexter, from the Committee on Public Lands, to whom was referred the petition of Andrew Knox, reported a bill for his relief; which was read; and

Ordered , That it pass to a second reading.

Mr. Poindexter, from the same committee, to whom had been referred The bill for the relief of Noah Staley; and

The bill for the relief of George Staley; reported them respectively without amendment.

The Senate proceeded to consider the report of the Committee on Public Lands, on the memorial from the State of Missouri for a grant of certain lands; and, in concurrence therewith,

Resolved , That the prayer of the memorial ought not to be granted.

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for removing the public money from the Bank of the United States and its branches, to certain State banks, together with the motion submitted thereupon by Mr. Clay; and, after debate,

On motion by Mr. Poindexter,

The Senate adjourned.

TUESDAY, December 31, 1833. Link to Annals.

Mr. Forsyth communicated the credentials of the Honorable John P. King, appointed a Senator by the Legislature of the State of Georgia, to supply the vacancy in the Senate of the United States occasioned by the resignation of the Honorable George M. Troup; which were read; and the oath prescribed by law was administered to Mr. King, and he took his seat in the Senate.

The Vice President communicated a report from the Commissioner of Public Buildings, showing the progress made in the improvement of Pennsylvania avenue, in the city of Washington.

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On motion by Mr. White,

Ordered , That the Committee on Indian Affairs be discharged from the further consideration of the petition of Asher P. Dedrick, and of Thomas Talbot and others; and that the petitioners have leave to withdraw their respective petitions and papers.

Mr. Ewing presented the petition of sundry citizens of Ohio, praying for a mail route from Lancaster, in Fairfield county, to Mount Vernon, in Knox county, in said State; and

Ordered , That it be referred to the Committee on the Post Office and Post Roads.

Mr. Hendricks presented the memorial of the Chesapeake and Ohio Canal Company, praying for an additional subscription on the part of the United States to the capital stock of said company, and for certain alterations of its charter; and

Ordered , That it be referred to the Committee on Roads and Canals.

Mr. Robbins presented the petition of the representative of the estate of Aaron Sheffield, deceased; and

Mr. McKean presented the petition of the surviving partner of Rutter and Etting, of the surviving partner of Conyngham, Nesbitt & Co., and of sundry merchants of the city of Philadelphia; severally praying to be indemnified for losses sustained by French spoliations prior to the year 1800; and

Ordered , That they be referred to the select committee appointed on the 18th instant on that subject.

Mr. McKean presented the memorial of sundry State banks of Pennsylvania, located in the city and county of Philadelphia, praying that the future revenues of the United States may be deposited in the Bank of the United States and its branches; and

Ordered , That it be referred to the Committee on Finance, and printed.

On motion by Mr. Poindexter,

Ordered , That the Committee on Public Lands be discharged from the further consideration of the memorial of Missouri on the subject of field notes; the memorial of the trustees of the Union College of Illinois, for a donation of land; the memorial of the citizens of St. Charles county, in Missouri, for a donation of land to St. Charles College; and the memorial of Green Derrington, and that he have leave to withdraw the same.

Mr. Waggaman presented the petition of Curell, Kilshaw, & Co., merchants of New Orleans, praying for the remission of a part of the duties paid by them on the importation of certain articles; and

Ordered , That it be referred to the Committee on Finance.

Mr. Robinson presented the petition of sundry citizens of Wabash county, Illinois, praying that a pension be granted to Noah Crane, a soldier of the revolution; and

Ordered , That it be referred to the Committee on Pensions.

Mr. Linn presented the petition of John Shackford, praying to be compensated for the use of a warehouse at Galena as a depository of public lead; and

Ordered , That it be referred to the Committee of Claims.

On motion by Mr. King, of Alabama,

Ordered , That the petition of John Hurtell, on the files of the last session, be referred to the Committee on Public Lands.

Mr. Wilkins presented the petition of R. L. Baker, major by brevet in 0070 70 the army, and captain of ordnance, complaining of the injurious effects on him of the act of 1832, “providing for the organization of the ordnance department,” and praying for relief; and

Ordered , That it be referred to the Committee on Military Affairs.

Mr. Wright, from the Committee of Claims, to whom was referred the petition of Daniel Bradley, made a report, accompanied by the following resolution:

Resolved , That the prayer of the petitioner be not granted.

Ordered , That said report be printed.

Mr. Wright, from the Committee of Claims, to whom was referred the bill for the relief of the representatives of Hugh McGennis, deceased, reported it with an amendment; which was read.

Mr. Webster, from the Committee on Finance, to whom was referred the petition of Benjamin G. Minturn, surviving partner of the late firm of Minturn and Champlin, reported a bill to authorize the Secretary of the Treasury to compromise the claims of the United States against the late firm of Minturn and Champlin, and their securities; which was read; and

Ordered , That it pass to a second reading.

Mr. Tipton, from the Committee of Claims, to whom was referred the petition of John Kimberlin, made a report, accompanied by a bill for his relief. The bill was read; and

Ordered , That it pass to a second reading, and that the report be printed.

On motion by Mr. Ewing, and by unanimous consent,

Resolved , That the Postmaster General lay before the Senate a statement of the amount of money, if any, which has been borrowed within the current year for the use of the department; and that he designate the persons or corporations of whom such loans, if any, may have been made, and the date, amount, and terms of each loan.

The following motion, submitted by Mr. Wilkins, was considered and agreed to:

Resolved , That the Secretary be directed to procure, for the use of the members of the Senate not heretofore supplied, one copy each of the Debates on the adoption of the Federal Constitution.

The twenty-five bills brought from the House of Representatives on Thursday last for concurrence, were severally read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That the bill entitled “An act for the relief of the legal representative of James Morrison, deceased,” be referred to the Committee on the Judiciary.

Ordered , That the bill entitled “An act granting pensions to certain persons therein named,” be referred to the Committee on Pensions.

Ordered , That the bill entitled “An act for the relief of George Chinn,” be referred to the Committee on Finance.

Ordered , That the bill entitled “An act for the relief of Benjamin Sherfey,” be referred to the Committee on the Militia.

Ordered , That the bill entitled “An act for the relief of John H. Maguire,” and the bill entitled “An act for the relief of Martha Bailey and others,” be referred to the Committee on Naval Affairs.

Ordered , That the bill entitled “An act for the relief of John Bills,” and the bill entitled “An act for the relief of Archibald Small,” be referred to the Committee on Private Land Claims.

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Ordered , That the following bills be referred to the Committee of Claims, viz.

“An act for the relief of Samuel Thompson;”

“An act for the relief of the heirs of widow Robert Avart;”

“An act for the relief of Thomas Richardson;”

“An act for the relief of William S. Anderson;”

“An act for the relief of George H. Jennings;”

“An act for the relief of James H. Brewer;”

“An act for the relief of John Thompson;”

“An act for the relief of Richard Bagnall, executor of Jas. B. Vaughan;”

“An act for the relief of Whitford Gill;”

“An act for the relief of Peregrine Gardner;”

“An act for the relief of Edward Willett;”

“An act for the relief of Jotham Lincoln, administrator of Samuel Burr Lincoln, deceased;”

“An act for the relief of Russell Hunt, David Hunt, and Amos Hunt;”

“An act for the relief of Philip Hickey;”

“An act for the relief of David Hazleton and William Palmer;”

“An act for the relief of Francis Barnes;” and

“An act for the relief of Joseph M. Harper.”

On motion by Mr. Grundy,

Resolved , That when the Senate adjourns, it be to Thursday next.

After the consideration of Executive business,

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for removing the public money from the Bank of the United States and its branches, to certain State banks, together with the motion submitted thereupon by Mr. Clay; and, after debate,

On motion by Mr. Benton,

The Senate adjourned.

THURSDAY, January 2, 1834. Link to Annals.

The Vice President communicated a letter from the Secretary of the Navy, transmitting, for the use of the Senate, fifty copies of the Naval Register for the present year.

A message from the House of Representatives by Mr. Franklin, their Clerk:

Mr. President: The House of Representatives have passed bills of the following titles, in which they request the concurrence of the Senate, viz.

“An act making appropriations, in part, for the support of Government for the year 1834;” and

“An act to grant to the State of Ohio certain lands for the support of schools in the Connecticut Western Reserve.”

The said bills were severally read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That the first be referred to the Committee on Finance, and that the second be referred to the Committee on Public Lands.

Mr. Knight presented the petition of the representative of James Chace, deceased; and

Mr. Kent presented the petitions of the representative of David Pearce and David Pearce, jr., deceased, the representative of Buchanan and Young, and James Deale; severally praying to be indemnified for losses sustained by French spoliations prior to 1800; and

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Ordered , That they be referred to the select committee appointed on the 18th ultimo on that subject.

On motion by Mr. Poindexter,

Ordered , That the Committee on Public Lands be discharged from the further consideration of the petition of Daniel Malone.

On motion by Mr. Poindexter,

That the Committee on Public Lands be discharged from the further consideration of the petition of sundry citizens of Mobile county, Alabama, asking pre-emption rights; and,

On motion by Mr. King, of Alabama,

Ordered , That said motion be laid on the table.

Mr. Tomlinson presented the memorial of the citizens of the city of Washington, residing in the Fourth, Fifth, and Sixth wards, complaining of the embarrassed condition of the financial concerns of said city, and the onerous amount of taxes now imposed upon their property, and praying for relief; and

Ordered , That it be referred to the Committee on the District of Columbia, and printed.

Mr. Moore presented the petition of David McNeeley, a pensioner of the United States, praying for an increase of his pension.

Mr. Tipton presented the petition of David E. Hendricks, praying for a pension.

Ordered , That the two petitions last mentioned be referred to the Committee on Pensions.

Mr. Robbins presented the petition of Duff Green, praying for the patronage of Congress to stereotype editions of the Journals of the old Congress, and of the Legislative and Executive Journals of the Senate, which he proposes to publish; and

Ordered , That it be referred to the Committee on the Library of Congress.

Mr. Linn presented the memorial of the Legislature of the State of Missouri, praying that an adequate appropriation of money may be made for removing obstructions to navigation in the Mississippi river, in the port and harbor of St. Louis; and

Ordered , That it be referred to the Committee on Roads and Canals, and printed.

On motion by Mr. Chambers,

Ordered , That the petition of James H. McCulloch, on the files of the first session of the twenty-second Congress, be referred to the Committee on Commerce; and

That the report made to the Senate on the 14th day of February, 1833, by the joint committee appointed to prepare and report a system of law, civil and criminal, for the District of Columbia, be referred to the Committee on the District of Columbia.

On motion by Mr. Kent,

Ordered , That Andrew Leitch have leave to withdraw his petition and papers from the files of the last Congress.

On motion by Mr. Kent,

Ordered , That the petition and papers of John S. Stiles, on the files of the last session, be referred to the Committee on Naval Affairs.

Mr. Forsyth presented the memorial of Gazaway B. Lamar, engaged in boat navigation on the Savannah river, praying for a remission of the duties that may accrue on the importation of the machinery, plates, and other articles necessary in the construction of iron steamboats; and

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Ordered , That it be referred to the Committee on Finance.

Mr. Linn presented the petition of sundry citizens of Scott county, Missouri, praying for an additional mail route; and

Ordered , That it be referred to the Committee on the Post Office and Post Roads.

Mr. Wilkins presented the memorial of the merchants of the city of Philadelphia, praying that the provisoes to the act imposing duties on imports, of the 14th July, 1832, which were suspended by the act of the 2d March last, may be repealed or modified; and

Ordered , That it be referred to the Committee on Manufactures.

On motion by Mr. Southard,

Ordered , That the Committee on Naval Affairs be discharged from the consideration of the bill entitled “An act for the relief of Martha Bailey and others;” and that it be referred to the Committee of Claims.

Mr. Silsbee, from the Committee on Commerce, to whom had been referred two petitions on the subject, reported a bill for the relief of John Haggerty and David Austin, of New York; and

A bill for the relief of John Hone and Sons, of New York; which were severally read; and

Ordered , That they pass to a second reading.

Mr. Hendricks, from the Committee on Roads and Canals, to whom had been referred three memorials from the Legislative Council of the Territory of Arkansas on the subject, reported a bill authorizing the President of the United States to cause certain roads to be opened in Arkansas; which was read; and

Ordered , That it pass to a second reading.

Mr. Tipton, from the Committee of Claims, to whom was referred the petition of Peleg Spencer, made a report, accompanied by a bill for his relief.

The bill was read; and

Ordered , That it pass to a second reading.

Mr. Naudain, from the Committee of Claims, to whom was referred the bill for the relief of Eli Robinson, reported it without amendment.

Mr. Webster, from the Committee on Finance, to whom was referred the bill, entitled “An act for the relief of George Chinn,” reported it without amendment.

The following motion, submitted by Mr. Hendricks, was considered and agreed to:

Resolved , That the Committee on the Post Office and Post Roads be instructed to inquire into the expediency of extending the post route from Terre Haute to Crawfordsville, through Pleasant Hill, Newtown, Rob Roy, Attica, Williamsport, Gregory's Settlement, and Perish's Grove, to Bunkum, on the Iroquois, where it intersects the road from Danville to Chicago.

The following motion, submitted by Mr. Tipton, was considered and agreed to:

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of an appropriation for paying two companies of volunteers commanded by Captains McGeorge and Siegler, of the State of Indiana, for service rendered against the hostile Indians in the year 1832.

The following motion, submitted by Mr. King, of Alabama, was considered and agreed to:

Resolved , That the Committee on Indian Affairs be instructed to inquire 10 0074 74 into the expediency of indemnifying the heirs of J. Phillips and W. Walker, for losses by them sustained by the depredations of the Creek Indians; and that the papers relating thereto on file be referred to the same committee.

The following motion, submitted by Mr. Ewing, was considered and agreed to:

Resolved , That the Secretary of State lay before the Senate a copy of the commission under which William J. Duane lately acted as Secretary of the Treasury, and a copy of the commission under which Roger B. Taney now acts as Secretary.

On motion by Mr. Chambers,

The Senate resumed the consideration of the engrossed bill for the relief of Mountjoy Bayly; and,

On motion by Mr. Chambers,

Ordered , That it be laid on the table.

The Senate proceeded to consider the report of the Committee of Claims on the petition of Daniel Bradley; and,

On motion by Mr. Tomlinson,

Ordered , That it be laid on the table.

The resolution to amend the Constitution of the United States, so that bills returned by the President with objections may become laws by the vote of a majority of the members of the two Houses of Congress, was read the second time, and considered as in Committee of the Whole; and

On motion by Mr. Kent,

Ordered , That it be laid on the table.

The Senate resumed, as in Committee of the Whole, the bill for the relief of Thomas Rhodes and Jeremiah Austill; and no amendment having been proposed, it was reported to the Senate; and

Ordered , That it be engrossed, and read a third time.

The Senate resumed, as in Committee of the Whole, the bill for the relief of John Chandler and William Johnson; and,

On motion by Mr. Ewing,

Ordered , That it be laid on the table.

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for removing the public money from the Bank of the United States and its branches, to certain State banks, together with the motion submitted thereon by Mr. Clay; and after debate,

On motion by Mr. Kane,

The Senate adjourned.

FRIDAY, January 3, 1834. Link to Annals.

The Vice President communicated a report of the Secretary of the Treasury, prepared in obedience to a resolution of the Senate of the 11th ultimo, requiring any information in his possession showing that the Bank of the United States or its branches, at any time, have refused or delayed to receive the notes of any of the branches in payment or deposite; and

Ordered , That it be printed.

Mr. Hendricks presented the petition of sundry citizens of the counties of Montgomery, Warren, and Fountain, in Indiana, praying for an extension of the mail route from Terre Haute to Crawfordsville.

Mr. Robinson presented the memorial of the Legislature of the State of Illinois, praying for a mail route from Vandalia to Golconda.

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Ordered , That the said petition and memorial be referred to the Committee on the Post Office and Post Roads.

Mr. Robinson presented two memorials and two resolutions of the Legislature of the State of Illinois, praying for appropriations for the improvement of the navigation of the Illinois and Wabash rivers; for opening and constructing a road from Detroit to Chicago, and from thence to Galena; and that the Cumberland road may pass through the town of Alton, on the Mississippi, or some other point north of the Missouri river; and

Ordered , That the said memorials and resolutions be referred to the Committee on Roads and Canals.

Mr. Robinson presented a resolution of the Legislature of the State of Illinois, in favor of attaching the military district of that State, south of the base line, to the Quincy land district.

Mr. Waggaman presented the petition of Andrew A. H. Knox, praying for a grant of land in Louisiana derived from the Baron de Bastrop.

Ordered , That the resolution and petition last mentioned be referred to the Committee on Public Lands.

Mr. Robinson presented the memorial of the Legislature of the State of Illinois, praying for indemnity for the soldiers and others who lost property in the campaigns of 1831 and 1832; and that provision may be made for those disabled in service, and for the widows and children of those who fell in battle; and

Ordered , That it be referred to the Committee of Claims.

On motion by Mr. Bell,

Ordered , That the Committee of Claims be discharged from the consideration of the petition of Guy Catlin.

On motion by Mr. Brown,

Ordered , That the Committee of Claims be discharged from the further consideration of the petitions of Stephen Sparks, and the administrator of John Mussey, deceased.

Mr. Linn presented the petition of George C. Sibley, praying that the Secretary of the Treasury be authorized to compromise the claim of the United States against him as the surety of Paul Baillio & Co.; and

Ordered , That it be referred to the Committee on the Judiciary.

On motion by Mr. Chambers,

Ordered , That the reports of the Commissioner of Public Buildings, of the 19th and 31st ultimo, be referred to the Committee on the District of Columbia.

On motion by Mr. Poindexter,

Ordered , That the Committee on Public Lands be discharged from the further consideration of the petitions of John Martinieu and Andrew Henshaw, and that John Martinieu have leave to withdraw his petition.

Mr. McKean presented two petitions from sundry citizens of Schuylkill county, in Pennsylvania, praying for a reduction of the duty on railway iron; and

Ordered , That they be referred to the Committee on Finance, and that one of them be printed.

Mr. McKean presented the petition of a number of citizens of Pennsylvania, praying that appropriations be made for the construction of steamboat navigation between the seaboard and the lakes, from the Chesapeake bay up the Susquehannah river, and through the Seneca lake and Oswego river, to Lake Ontario; and a similar construction between Michigan lake and the Illinois river; and

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Ordered , That it be referred to the Committee on Roads and Canals.

Mr. Robbins presented the petition of Michael Nourse and P. W. Gallaudet, praying for the patronage of Congress to a fac-simile copy of General Washington's accounts during the revolutionary war, which they propose to publish; and

Ordered , That it be referred to the Committee on the Library of Congress.

Mr. Wilkins presented the petition of Thomas D. Anderson, late consul at Tripoli, praying for an equitable settlement of his accounts; and

Ordered , That it be referred to the Committee on Foreign Relations.

On motion by Mr. Wilkins,

Ordered , That the petition of Samuel Grice, on the files of the first session of the last Congress, be referred to the Committee on Naval Affairs.

Mr. Preston presented the petition of John Smith, a pensioner of the United States, praying for the payment of certain arrears of his pension.

Mr. Linn presented the petition of George Lynch, praying for a pension in consideration of disabilities contracted in the military service of the United States.

Ordered , That the two petitions last mentioned be referred to the Committee on Pensions.

Agreeably to notice given, Mr. Grundy asked and obtained leave to bring in a bill to amend the several laws respecting the Post Office Department; which was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on the Post Office and Post Roads, and printed.

Mr. Bell, from the Committee of Claims, to whom was referred the bill for the relief of Caleb Stark, reported it without amendment.

Mr Silsbee, from the Committee on Commerce, to whom was referred the bill for the relief of Phineas Sprague and others, late owners of the schooner Two Brothers, reported it without amendment.

The following motion, submitted by Mr. Linn, was considered and agreed to:

Resolved , That the Committee of Claims be instructed to inquire into the expediency of making compensation to Joseph Hertick for a boat taken from him by the officers of the General Government during the last war with Great Britain.

The following motions, submitted by Mr. Tipton, were considered and agreed to:

Resolved , That the Committee of Claims be instructed to inquire into the expediency of paying Hiram A. Hunter, now of Indiana, for a horse lost by him while in the service of the United States as orderly sergeant in Captain Robert F. Crittenden's company of Kentucky volunteers, in the Seminole campaign.

Resolved , That the Committee of Claims be instructed to inquire into the expediency of granting indemnity to Samuel and James Smith, of Indiana, for improvements made by them on certain property of the United States, under a lease given to the claimants by the United States' trustees.

Mr. Tipton presented documents relating to the two resolutions last mentioned; and

Ordered , That they be referred to the Committee of Claims.

The following motion, submitted by Mr. Tomlinson, was considered and agreed to:

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Resolved , That the Committee on Revolutionary Claims be instructed to inquire into the expediency of compensating Phineas Taylor, of Danbury, in the State of Connecticut, for a horse and other property taken from him for public use during the revolutionary war; and that the documents on the files of the last session on the subject be referred to the same Committee.

The following motion, submitted by Mr. Black, was considered and agreed to:

Resolved , That the Committee on the Judiciary be instructed to inquire into the expediency of directing, by law, the terms of the district court of the United States for the district of Mississippi, to be hereafter held at Jackson, the seat of Government of that State.

The following motion, submitted by Mr. Sprague, was considered and agreed to:

Resolved , That the Secretary of the Treasury be directed to communicate to the Senate, so far as the documents and returns received will permit, the amount of trade between the United States and the British North American colonies, the British West Indies, the Danish West Indies, and the Swedish West Indies, since the 30th day of September, 1832; distinguishing the amount of American, British, and other foreign tonnage which has entered and departed to and from those places, respectively, or the West Indies generally; also, the amount of imports and exports of American and foreign produce, distinguishing between the same.

The following motion, submitted by Mr. Poindexter, was considered and agreed to:

Resolved , That the Secretary of the Senate cause to be completed the compilation of documents relative to the public lands, ordered to be printed at the last session, including such additional reports of the land commissioners as may be received at any time during the present session of Congress; that eight hundred and fifty copies be printed in addition to the number already ordered; and that he cause to be deposited with the register of the several land offices, to each one copy, and with the executive of the several States and Territories in which the public lands are situated, one copy for each court of record, to be deposited and kept under the direction of the legislatures of the said States and Territories; and that the remaining copies, if any, be kept, subject to the further order of the Senate.

The bill for the relief of Thomas Rhodes and Jeremiah Austill, having been reported by the committee correctly engrossed, was read the third time; and

Resolved , That it pass, and that its title be as aforesaid.

Ordered , That the Secretary request the concurrence of the House of Representatives in said bill.

The Senate resumed, as in Committee of the Whole, the bill for the relief of Elihu Hall Bay and others, confirming grants to lands in the district west of Pearl river, derived from the British Government of West Florida; and no amendment having been proposed, it was reported to the Senate; and,

On motion by Mr. King, of Alabama,

To amend the same,

On motion by Mr. Clay,

Ordered , That the bill and proposed amendment be laid on the table.

On motion by Mr. Shepley,

Resolved , That when the Senate adjourns, it be to Monday next.

The Senate resumed the consideration of the report of the Secretary of the 0078 78 Treasury, with his reasons for removing the public money from the Bank of the United States and its branches, to certain State banks, together with the motion submitted thereupon by Mr. Clay; and after debate,

On motion by Mr. Grundy,

The Senate adjourned.

MONDAY, January 6, 1834. Link to Annals.

Mr. Waggaman communicated the credentials of the Honorable Alexander Porter, appointed a Senator by the Legislature of the State of Louisiana to supply the vacancy in the Senate of the United States occasioned by the death of the Honorable Josiah S. Johnston; which were read; and the oath prescribed by law was administered to Mr. Porter, and he took his seat in the Senate.

The following written message was received from the President of the United States, by Mr. Donelson, his Secretary:

Washington , January 6, 1834.

To the Senate of the United States:

I communicate to Congress an extract of a letter recently received from J. R. Leib, consul of the United States at Tangier, by which it appears that that officer has been induced to receive from the Emperor of Morocco a present of a lion and two horses, which he holds as belonging to the United States. There being no funds at the disposal of the Executive applicable to the objects stated by Mr. Leib, I submit the whole subject to the consideration of Congress for such direction as, in their wisdom, may seem proper.

I have directed instructions to be given to all our ministers and agents abroad, requiring that, in future, unless previously authorized by Congress, they will not, under any circumstances, accept presents of any description from any foreign State.

I deem it proper, on this occasion, to invite the attention of Congress to the presents which have heretofore been made to our public officers, and which have been deposited, under the orders of the Government, in the Department of State. These articles are altogether useless to the Government, and the care and preservation of them in the Department of State are attended with considerable inconvenience.

That provision of the Constitution which forbids any officer, without the consent of Congress, to accept any present from any foreign power, may be considered as having been satisfied by the surrender of the articles to the Government, and they might now be disposed of by Congress to those for whom they were originally intended, or to their heirs, with obvious propriety in both cases; and, in the latter, would be received as grateful and valued memorials of the character of the parent.

As, under the positive order now given, similar presents cannot hereafter be received even for the purpose of being placed at the disposal of the Government, I recommend to Congress to authorize, by law, that the articles already in the Department of State shall be delivered to the persons to whom they were originally presented, if living, and to the heirs of such as may have died.

ANDREW JACKSON.

The message was read; and

Ordered , That it be referred to the Committee on Foreign Relations.

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The Vice President communicated a letter from the Secretary of State, transmitting a copy of the commission issued to William J. Duane, late Secretary of the Treasury, and of that issued to Roger B. Taney, the present Secretary; and

Ordered , That the letter and copies be laid on the table, and printed.

The Vice President communicated sundry resolutions adopted at a numerously attended meeting of the citizens of the city and county of Philadelphia, held at the State-house in that city, on the 31st ultimo, in favor of the speedy adoption, by Congress, of such measures as shall relieve the community from the existing pecuniary pressure; and

Ordered , That they be referred to the Committee on Finance.

Mr. Silsbee presented the memorial of sundry citizens of the States of Massachusetts, New Hampshire, and Maine, interested in navigation, praying that a breakwater may be constructed at Sandy Bay, in Massachusetts; and

Ordered , That it be referred, with a similar memorial and map on the files of the last session, to the Committee on Commerce.

Mr. Sprague presented the petition of William Churchill, praying to be indemnified for the loss, by a sale thereof for taxes in Illinois, of a piece of land which had been granted to him for the military services of his son; and

Ordered , That it be referred to the Committee on Public Lands.

Mr. McKean presented the memorial of the Philadelphia Bank, and the petition of the Farmers' Bank of Lancaster, in Pennsylvania; severally attributing the present pecuniary distresses of the country to the removal of the money of the United States from the Bank of the United States, and praying for its restoration; and

Ordered , That they be referred to the Committee on Finance, and printed.

Mr. Linn presented the petition of John E. Tholozau, praying for the confirmation of his claim to a tract of land in Arkansas derived from the Spanish Government; and

Ordered , That it be referred to the Committee on Private Land Claims.

Mr. Webster, from the Committee on Finance, to whom was referred the bill from the House of Representatives, entitled “An act making appropriations, in part, for the support of Government for the year 1834,” reported it with amendments; which were read.

On motion by Mr. Webster,

The said bill and amendments were considered as in Committee of the Whole, and the amendments being agreed to, the bill was reported to the Senate; and the amendments being concurred in,

Ordered , That they be engrossed, and the bill read a third time as amended.

The said amendments having been reported by the committee correctly engrossed, the bill was read the third time as amended; and

Resolved , That it pass with amendments.

Ordered , That the Secretary request the concurrence of the House of Representatives in said amendments.

On motion by Mr. Poindexter,

Ordered , That the Committee on Public Lands be discharged from the further consideration of the petition of the town council of Perrystown, Ohio, asking for land for the purposes of education; and the petition of Stephen T. Badin.

Mr. Poindexter, from the Committee on Public Lands, to whom was referred 0080 80 the petition of John Hurtell, reported a bill for his relief; which was read; and

Ordered , That it pass to a second reading,

Mr. Poindexter, from the same committee, to whom the subject was referred by a resolution of the Senate of the 26th ultimo, reported a bill for the relief of the widow and heirs of Felix St. Vrain; which was read; and

Ordered , That it pass to a second reading.

Agreeably, to notice given, Mr. King, of Alabama, asked and obtained leave to bring in a bill granting a township of land to each of the States of Louisiana, Indiana, Illinois, Missouri, Mississippi, and Alabama; which was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Public Lands.

The following motions, submitted by Mr. Hendricks, were considered and agreed to:

Resolved , That the Committee on Pensions be instructed to inquire into the expediency of placing upon the pension list applicants who shall be able to prove three months' service in the revolutionary war, agreeably to the requisitions of the law of 1832.

Resolved , That the Committee on Roads and Canals be instructed to inquire into the expediency of making a further appropriation for the construction of the Cumberland road in the States of Ohio, Indiana, and Illinois.

The following motion, submitted by Mr. Swift, was considered and agreed to:

Resolved , That the Committee on the Post Office and Post Roads be instructed to inquire into the expediency of establishing a post route from St. Albans, in Vermont, to Plattsburgh, in the State of New York, through the town of Grand Isle.

On motion by Mr. White, and by unanimous consent,

Resolved , That the Secretary of War be, and he hereby is, requested to transmit to the Senate a copy of the evidence furnished him by Mountjoy Bayly, to prove that he was entitled to his commutation of five years' full pay as a captain, in the Maryland line in the war of the revolution; and that he never received the same from the United States, agreeably to the proviso in the act of Congress of the 26th May, 1830, entitled “An act for the relief of Mountjoy Bayly.”

The Senate resumed, as in Committee of the Whole,

The bill for the relief of Noah Staley; and

The bill for the relief of George Staley; and no amendment having been proposed, they were reported to the Senate; and

Ordered , That they be severally engrossed, and read a third time.

The bill for the relief of Andrew Knox was read the second time, and considered as in Committee of the Whole, and it was amended and reported to the Senate; and the amendment being concurred in,

Ordered , That the bill be engrossed, and read a third time.

The Senate resumed, as in Committee of the Whole, the bill for the relief of the representatives of Hugh McGennis, deceased, together with the amendment reported thereto by the Committee of Claims; and the said amendment having been agreed to, the bill was reported to the Senate; and the amendment being concurred in,

Ordered , That the bill be engrossed, and read a third time.

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The bill to authorize the Secretary of the Treasury to compromise the claims of the United States against the late firm of Minturn and Champlin, and their securities, was read the second time, and considered as in Committee of the Whole; and,

On motion by Mr. King, of Alabama,

Ordered , That it be laid on the table.

The bill for the relief of John Kimberlin was read the second time, and considered as in Committee of the Whole; and no amendment having been proposed, it was reported to the Senate; and

Ordered , That it be engrossed, and read a third time.

The Senate resumed, as in Committee of the Whole, the bill for the relief of Eli Robinson; and,

On motion by Mr. Moore,

Ordered , That it be laid on the table.

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for removing the public money from the Bank of the United States and its branches, to certain State banks, together with the motion submitted thereupon by Mr. Clay; and, after debate,

On motion by Mr. Wilkins,

The Senate adjourned.

TUESDAY, January 7, 1834. Link to Annals.

The Vice President communicated letters from the Secretary of State, transmitting—

1. A copy for each member of the Senate, of the Register of all officers and agents, civil, military, and naval, in the service of the United States, prepared in compliance with the resolution of Congress of the 27th April, 1816; and

2. A list of the clerks employed in his office during the last year, and the sums paid to each.

The Vice President communicated a letter from the Secretary of the Navy, transmitting lists of the clerks employed in his office, and that of the Commissioners of the Navy, during the last year, and the sums paid to each.

The Vice President also communicated a report of the Postmaster General, prepared in compliance with a resolution of the Senate of the 31st ultimo, showing the amount of money which has been borrowed for the use of his Department since the 28th December, 1832, and not repaid; and

Ordered , That it be referred to the Committee on the Post Office and Post Roads, and printed.

Mr. Naudain presented the memorial of the attorney in fact of the heirs of the late Col. John Hazlett, of the revolutionary army, who was killed at Princeton in 1777, praying for the payment of the seven years' half pay promised by the resolve of the 24th of August, 1780.

Mr. Moore presented sundry additional documents in relation to the claims of the heirs of John Spottswood and Benjamin Harrison, jr., for commutation money.

Ordered , That the memorial and documents last mentioned be referred to the Committee on Revolutionary Claims.

Mr. Porter presented the petition of the widow and heirs of Lawrence Milligan, deceased, praying for the confirmation of their claim to a tract of land in Louisiana, derived from the Spanish Government; and 11

0082 82

Ordered , That it be referred to the Committee on Private Land Claims.

Mr. Wright presented the memorial of the Board of Trade of the city of New York, attributing to the withdrawal of the public money from the Bank of the United States the present pecuniary distresses of the country, and waving that a remedy may be provided by Congress; and

He presented the petition of William D. Ross, praying that certain duties paid by him on the importation of a quantity of scrap iron may be remitted; and

Ordered , That said memorial and petition be referred to the Committee on Finance.

On motion by Mr. Southard,

Ordered , That he have leave to withdraw, from the files of the last session, the several memorials in favor of erecting Camden, in New Jersey, into a port of entry.

Mr. Wilkins presented the memorial of the Board of Trade of the city of Philadelphia, attributing the present pecuniary embarrassments of the country to the removal of the public money from the Bank of the United States, and praying for its immediate restoration; and

Ordered , That it be referred to the Committee on Finance, and printed.

Mr. Southard presented the petition of John Potter, praying to be indemnified for French spoliations prior to 1800; and

Ordered , That it be referred to the select committee appointed the 18th ultimo on that subject.

Mr. Tipton, from the Committee of Claims, to whom had been referred

“An act for the relief of Peregrine Gardner;”

“An act for the relief of Edward Willett;” and

“An act for the relief of Joseph M. Harper;” reported them severally without amendment.

Mr. Naudain, from the same committee, to whom had been referred

“An act for the relief of George H. Jennings;”

“An act for the relief of James H. Brewer;” and

“An act for the relief of Richard Bagnall, executor of Jas. B. Vaughan;” reported them severally without amendment.

Mr. Brown, from the same committee, to whom had been referred

“An act for the relief of the heirs of widow Robert Avart;” and

“An act for the relief of Wm. S. Anderson;” reported them severally without amendment.

Mr. Bell, from the same committee, to whom had been referred

“An act for the relief of Russell Hunt, David Hunt, and Amos Hunt;” and

A bill for the relief of Ebenezer Lobdell; reported them severally without amendment.

Mr. Bell, from the same committee, to whom was referred the memorial of Thomas Fillebrown, jr., made a report, accompanied by a bill for his relief, The bill was read; and

Ordered , That it pass to a second reading, and that the report be printed.

Mr. Chambers, from the Committee on the District of Columbia, to whom was referred a memorial on the subject, reported a bill further to continue in force “An act to authorize the extension, construction, and use of a lateral branch of the Baltimore and Ohio railroad into and within the District of Columbia;” which was read; and

Ordered , That it pass to a second reading.

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On motion by Mr. Grundy,

The Senate resumed, as in Committee of the Whole, the bill for the relief of John Chandler and William Johnson; and,

On motion by Mr. Grundy,

Ordered , That it be recommitted to the Committee on the Post Office and Post Roads.

On motion by Mr. Webster,

The Senate resumed, as in Committee of the Whole, the bill to authorize the Secretary of the Treasury to compromise the claims of the United States against the late firm of Minturn and Champlin, and their securities; and no amendment having been proposed, it was reported to the Senate; and

Ordered , That it be engrossed, and read a third time.

A message from the House of Representatives, by Mr. Franklin, their Clerk:

Mr. President: The House of Representatives have passed an order for the appointment of a Joint Committee on Enrolled Bills, pursuant to the 7th joint rule of the two Houses; and have appointed Messrs. Kennon, Dickson, Briggs, Mason, of Maine, and Deming, of the said committee, on their part.

The said order having been read,

On motion by Mr. King, of Alabama,

Ordered , That a Committee on Enrolled Bills be now appointed on the part of the Senate, pursuant to the said 7th joint rule; and

Mr. King, of Georgia, and Mr. Linn, were appointed accordingly.

Ordered , That the Secretary notify the House of Representatives accordingly.

The following motions, submitted by Mr. Shepley, were considered and agreed to:

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of making an appropriation for the repair of the military road constructed by the United States in the State of Maine, leading flora the river Mattanawcook to Houlton.

Resolved , That the Secretary of War be directed to communicate to the Senate any information within the Department, showing the injury done by storms during the month of December last, to the pier on the western side of the entrance to Kennebunk river, in the State of Maine, and the necessity of an immediate repair: and to furnish an estimate of the sum required to make the necessary repairs.

The following motion, submitted by Mr. Tipton, was considered and agreed to:

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of an appropriation for erecting a light-house at Michigan city, on Lake Michigan, in the State of Indiana, and of establishing a port of delivery at that place.

The bill for the relief of Noah Staley;

The bill for the relief of George Staley;

The bill for the relief of Andrew Knox;

The bill for the relief of the representatives of Hugh McGennis, deceased; and

The bill for the relief of John Kimberlin; having been reported by the committee correctly engrossed, they were severally read the third time; and

Resolved , That they pass, and that their respective titles be as aforesaid.

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Ordered , That the Secretary request the concurrence of the House of Representatives in said bills.

The bill for the relief of John Haggerty and David Austin, of New York, was read the second time, and considered as in Committee of the Whole; and no amendment having been proposed, it was reported to the Senate; and

Ordered , That it be engrossed, and read a third time.

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for removing the public money from the Bank of the United States and its branches to certain State banks, together with the moion submitted thereupon by Mr. Clay; and,

On motion by Mr. Benton,

To amend the same,

On motion by Mr. Southard,

The Senate adjourned.

WEDNESDAY, January 8, 1834. Link to Annals.

Mr. Tomlinson presented the petition of sundry citizens of Connecticut, New York, Rhode Island, and Massachusetts, masters and owners of vessels engaged in navigating Long Island sound, praying that a new beacon may be erected at the entrance of Black Rock harbor.

Mr. Frelinghuysen presented the petition of Mahlon D. Canfield, col. lector of the customs in the district of Great Egg Harbor, in New Jersey, praying to be remunerated for services rendered in securing from shipwreck the cargoes of two vessels in his district.

Ordered , That said petitions be referred to the Committee on Commerce.

Mr. Bibb presented the petition of the daughter and heir of John Rose, deceased, late machinist of the navy yard at Washington, praying for the payment of the claims of the deceased for services rendered, and for property lost by the burning of said navy yard in 1814.

Mr. Waggaman presented the petition of James Rinker, surviving partner of Rinker and Bailey, praying to be remunerated for losses sustained in consequence of the occupancy of their plantation in Louisiana, in 1814, by a part of the troops of the United States

Ordered , That the two petitions last mentioned be referred to the Committee of Claims.

Mr. Waggaman presented the petition of A. Foucher, M. V. Robertson, and A. C. Valois, praying that their claim to a tract of land in Louisiana may be confirmed.

Mr. Linn presented the petition of Rufus Easton, of Missouri, stating that he is possessed of certain confirmed land claims which interfere with the rights of others, and praying to be authorized to locate them elsewhere.

Mr. Porter presented the petition of Caesar J. Cuny, whose claim to a tract of land on the bayou Rapides, in Louisiana, has been duly confirmed, but which he has been prevented by legal interposition from locating, praying to be authorized to locate it elsewhere.

Ordered , That the three petitions last mentioned be referred to the Committee on Private Land Claims.

Mr. Wilkins presented the petition of the trustees of Allegany College, at Meadville, in Pennsylvania, praying for a donation of a township of the public lands; and

Ordered , That it be referred to the Committee on the Public Lands

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Mr. Rives presented the petition of the heirs of General Thomas Nelson, deceased, praying for the payment of the claims of the deceased for revolutionary services and sacrifices; and

Ordered , That it be referred to the Committee on Revolutionary Claims.

Mr. Rives presented petitions from Christopher Fry, the representative of John Frost, deceased, John Cowper & Co., James Young, Warren Ashlev, Alexander Wilson, J. B. Cunningham, Francis, Smith, James Thorburn, the representative of Conway Whittle, deceased, John Cox, Thomas Willock, William Cammack, John W. Bronaugh, the representative of Philip Care, deceased, the representatives of John Ramsay, deceased, the assignee of William Wilson, the representative of William Respess, deceased, the representative of William Dunlop & Co., the representative of James Muschett, deceased, and the representative of Marcus McCausland, deceased; severally praying to be indemnified for French spoliations prior to 1800; and

Ordered , That they be laid on the table.

Mr. Waggaman presented resolutions of the Legislature of Louisiana, instructing the Senators, and requesting the Representatives from that State in Congress to support such measures as may be necessary to terminate equitably the disputes existing between occupants of land in the county of Feliciana, who claim under titles derived from the United States, and those claiming the same land under grants from the Spanish or other authorities; and

Ordered , That they be referred to the Committee on Foreign Relations.

Mr. Robinson, from the Committee on the Militia, to whom was referred the bill entitled “An act for the relief of Benjamin Sherfey,” reported it without amendment.

Mr. Webster, from the select committee appointed to consider the bill to provide for the satisfaction of Claims due to certain American citizens for spoliations committed on their commerce prior to the 30th day of September, 1800, reported it with amendments; which were read.

On motion by Mr. Webster,

The Senate proceeded to consider the said bill and amendments as in Committee of the Whole; and,

On motion by Mr. Webster,

Ordered , That the consideration thereof be postponed to, and made the order of the day for, the first Wednesday of February next.

The following motion, submitted by Mr. Linn, was considered and agreed to:

Resolved , That the Committee on the Post Office and Post Roads be instructed to inquire into the expediency of transporting the mail from Louisville, Kentucky, to St. Louis, Missouri, in steamboats.

The following motion, submitted by Mr. King, of Alabama, was considered and agreed to:

Resolved , That the Committee on the Post Office and Post Roads be instructed to inquire into the expediency of making an appropriation for the completion of the post road from Line creek to the Chattahoochie.

The bill to authorize the Secretary of the Treasury to compromise the claims of the United States against the late firm of Minturn and Champlin, and their securities; and

The bill for the relief of John Haggerty and David Austin, of New York; having been reported by the committee correctly engrossed; were respectively read the third time; and

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Resolved , That they pass, and that their respective titles be as aforesaid.

Ordered , That the Secretary request the concurrence of the House of Representatives in said bills.

The bill for the relief of John Hone and Sons, of New York;

The bill authorizing the President of the United States to cause certain roads to be opened in Arkansas;

The bill for the relief of Peleg Spencer;

The bill for the relief of John Hurtell;

The bill for the relief of the widow and heirs of Felix St. Vrain; and

The bill further to continue in force “An act to authorize the extension, construction, and use of a lateral branch of the Baltimore and Ohio railroad into and within the District of Columbia; were severally read the set end time, and considered as in Committee of the Whole; and no amendment having been proposed, they were reported to the Senate; and

Ordered , That they be severally engrossed, and read a third time.

The Senate resumed, as in Committee of the Whole, the bill for the relief of Caleb Stark; and,

On motion by Mr. Bell,

Ordered , That it be laid on the table.

The Senate resumed, as in Committee of the Whole, the bill for the relief of Phineas Sprague and others, late owners of the schooner Two Brothers; and

The bill for the relief of Ebenezer Lobdell; and no amendment having been proposed, they were reported to the Senate; and

Ordered , That they be severally engrossed, and read a third time.

The bill for the relief of Thomas Fillebrown, jr., was read the second time, and considered as in Committee of the Whole; and,

On motion by Mr. Bell,

Ordered , That it be laid on the table.

The Senate resumed, as in Committee of the Whole,

“An act for the relief of George Chinn;” and

“An act for the relief of the heirs of widow Robert Avart;” and no amendment having been proposed, they were reported to the Senate; and

Ordered , That they severally pass to a third reading.

The Senate resumed, as in Committee of the Whole, the bill entitled “An act for the relief of William S. Anderson;” and no amendment having been proposed, it was reported to the Senate; and,

On motion by Mr. Poindexter,

Ordered , That it be laid on the table.

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for removing lite public moneys from the Bank of the United States and its branches, to certain State banks, together with the motion submitted thereupon by Mr. Clay, and the amendment proposed thereto by Mr. Benton, to wit:

Strike out the words “That the reasons assigned by the Secretary of the Treasury for the removal of the money of the United States deposited in the Bank of the United States and its branches, communicated to Congress on the third day of December, 1833, are unsatisfactory and insufficient;” and insert the following words:

That Nicholas Biddle, President of the Bank of the United States, and —, be summoned to appear at the bar of the Senate on the — day of —, then and there to be examined, on oath, touching the causes 0087 87 of the late large curtailment of debts due to the Bank of the United States, and the manner of conducting said curtailment; also, to be then and there examined touching the application of the moneys of the Bank to electioneering and political objects .

On the question to agree to the said amendment,

It was determined in the negative,

Yeas, 12,

Nays, 34.

On motion by Mr. Southard,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative, are,

Messrs. Benton, Brown, Grundy, Hill, Kane, Linn, Morris, Shepley, Tallmadge, Tipton, White, Wright.

Those who voted in the negative, are,

Messrs. Bell, Bibb, Black, Calhoun, Chambers, Clay, Ewing, Forsyth, Frelinghuysen, Hendricks, Kent, King, of Alabama, King, of Georgia, Knight, McKean, Mangum, Moore, Naudain, Poindexter, Porter, Prentiss, Preston, Rives, Robbins, Robinson, Silsbee, Smith, Southard, Sprague, Swift, Tomlinson, Waggaman, Webster, Wilkins.

The question recurring on the motion by Mr. Clay; after debate,

On motion by Mr. Frelinghuysen,

The Senate adjourned.

THURSDAY, January 9, 1834. Link to Annals.

The Vice president communicated a letter from the Secretary of the Navy, transmitting a statement of the contracts and purchases made by the Commissioners of the Navy during the year 1833; prepared in obedience to the 5th section of the act of the 3d of March, 1809,; “further to amend the several acts for the establishment and regulation of the Treasury, War, and Navy Departments.”

He also communicated two letters from the Secretary of War, transmitting,

1. A statement of the expenditure of the moneys appropriated for the contingent expenses of the military establishment for the year 1833; prepared pursuant to the 5th section of the last mentioned act; and

2. A report from the Engineer Department, showing the injury done by the storm of December last to the pier on the western entrance to Kennebunk river; prepared in obedience to a resolution of the Senate of the 7th instant.

Mr. Tyler presented the petition of the heir at law of the late Capt. William Royall, of the army of the revolution, praying for the payment of the claim of the deceased for commutation money; and

Ordered , That it be referred to the Committee on Revolutionary Claims.

Mr. Shepley presented the petition of a number of the citizens of Belfast, in Maine, praying for the abolition of slavery in the District of Columbia; and

Ordered , That it be referred to the Committee on the District of Columbia.

On motion by Mr. White,

Ordered , That the Committee on Indian Affairs be discharged from the consideration of the documents of Matthew Irwin, relative to his claim for Indian depredations, and that he have leave to withdraw the same.

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On motion by Mr. White,

Ordered , That the petition of Joel H. Dyer, on the files of the last session, be referred to the Committee on Pensions.

On motion by Mr. Mangum,

Ordered , That the representative of Lewis Leroy, deceased, have leave to withdraw his petition and papers from the files of the first session of the last Congress.

On motion by Mr. Swift,

Ordered , That Shubal Conant have leave to withdraw his petition and papers from the files of the last session.

Mr. Kane, from the Committee on Private Land Claims, to whom had been referred

“An act for the relief of Archibald Small;” and

“An act for the relief of John Bills;” reported them with an amendment to the latter bill; which was read.

Mr. Kane, from the same committee, to whom had been referred petitions from the legal representatives of Thomas H. Boyles, deceased, and the legal representatives of Laurence Milligan, deceased, reported bills for their relief; which were read: and

Ordered , That they severally pass to a second reading.

Mr. Poindexter, from the same committee, to whom was referred the bill for the relief of Calvin Smith, of the State of Mississippi, reported it without amendment.

Mr. Poindexter, from the same committee, to whom was referred the petition of Peter Mills, reported a bill for his relief; which was read; and

Ordered , That it pass to a second reading.

Mr. Robbins, from the Committee on the Library of Congress, to whom the subject was referred by a resolution of the Senate of the 24th ultimo, reported a bill to procure a bust, in marble, of the late Chief Justice Ellsworth: which was read; and

Ordered , That it pass to a second reading.

Agreeably to notice given, Mr. Tomlinson asked and obtained leave to bring in a bill to extend the patent of Ithiel Town; which was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on the Judiciary.

Mr. Hendricks, from the Committee on Roads and Canals, to whom was referred the bill to aid in the construction of certain roads in the Territory of Michigan, reported it with amendments; which were read.

The following motion, submitted by Mr. Porter, was considered and agreed to:

Resolved , That the Postmaster General be directed to report to the Senate the number of failures which have occurred during the last twelve months, in carrying the mail between the city of Washington and New Orleans, by the southern route; and the names of the contractors who may have failed to fulfil their contracts, together with the number and amount of forfeitures enforced by him in consequence of these failures during the same period.

The following motion, submitted by Mr. Kent, was considered and agreed to:

Resolved , That the Committee on the Post Office and Post Roads be instructed to inquire into the propriety of so modifying the law regulating the Post Office Department, as to authorize the transmission, by mail, of such 0089 89 books and public records, whether bound or in boards, as the Executives of the respective States are in the habit of interchanging with each other, upon such terms as will best comport with the importance of the object.

The following motion, submitted by Mr. Sprague, was considered and agreed to:

Resolved , That the Committee on the Library be instructed to inquire into the expediency of subscribing, for the use of Congress, to a new statistical work proposed to be published by George Wattterston.

The following motion, submitted by Mr. Mangum, was considered:

Resolved , That the resolution adopted on the fourteenth of May, eighteen hundred and thirty, directing the Secretary of the Senate to contract with the Printer of the House of Representatives for copies of the documents printed by the order of the House, be, and the same is hereby rescinded; and,

On motion by Mr. Forsyth,

Ordered , That it be laid on the table.

On motion by Mr. Poindexter, and by unanimous consent,

Resolved , That the President of the United States be requested to cause to be laid before the Senate a schedule of the several articles received by the ministers, consuls, or other agents of the Government of the United States at foreign courts, as presents from the Governments at which they were respectively accredited, and by them deposited in the Department of State, specifying each article and its estimated value, and the name of the minister, consul, or agent, to whom the present was made.

Ordered , That the Secretary lay the foregoing resolution before the President of the United States.

The following bills from the House of Representatives, viz.

“An act for the relief of George Chinn;” and

“An act for the relief of the heirs of widow Robert Avart;” were severally read the third time; and

Resolved , That they pass.

Ordered , That the Secretary notify the House of Representatives accordingly.

The bill for the relief of Phineas Sprague and others, late owners of the schooner Two Brothers;

The bill for the relief of Ebenezer Lobdell;

The bill for the relief of John Hone and Sons, of New York;

The bill authorizing the President of the United States to cause certain roads to be opened in Arkansas;

The bill for the relief of Peleg Spencer;

The bill for the relief of John Hurtell;

The bill for the relief of the widow and heirs of Felix St. Vrain; and

The bill further to continue in force “An act to anthorize the extension, construction, and use of a lateral branch of the Baltimore and Ohio railroad into and within the District of Columbia, having been reported by the committee correctly engrossed, they were severally read the third time; and

Resolved , That they pass, and that their respective titles be as aforesaid.

Ordered , That the Secretary request the concurrence of the House of Representatives in said bills.

On motion by Mr. Wilkins,

That 5,000 additional copies of the report of the Secretary of the Treasury of the 30th of December last, in answer to a resolution of the Senate of the 19th of the same month, be printed for the use of the Senate. 12

0090 90

On motion by Mr. Clay,

Ordered , That said motion be laid on the table.

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for withdrawing the public money from the Bank of the United States and its branches, and depositing it in certain State banks, together with the motion submitted by Mr. Clay thereupon; and, after debate,

On motion by Mr. Sprague,

The Senate adjourned.

FRIDAY, January 10, 1834. Link to Annals.

On motion by Mr. Frelinghuysen, and by unanimous consent,

Resolved , That the Secretary of the Treasury be directed to inform the Senate of the construction which has been given by that Department to the act passed at the last session of Congress, entitled “An act to modify the act of the 14th July, 1832, and all other acts imposing duties on imports;” and, also, to furnish copies of such instructions as may have been given to collectors, regulating their duty under the said act.

Agreeably to notice given, Mr. Robbins asked and obtained leave to bring in a joint resolution providing for the purchase of ten copies of the Laws of the United States for the library; which was read; and

Ordered , That it pass to a second reading.

On motion by Mr. Tipton,

Ordered , That the Committee of Claims be discharged from the consideration of the documents in relation to the claim of Samuel and James Smith, of Indiana, and that they be referred to the Committee on the Judiciary.

On motion by Mr. Wright,

Ordered , That the Committee of Claims be discharged from the consideration of the petition of Thomas Cutts, jr., and that it be referred to the Committee on the Judiciary.

On motion by Mr. Shepley,

Ordered , That the report yesterday received from the Secretary of War, showing the injury done to the pier at the western entrance of Kennebunk river, by a recent storm, be referred to the Committee on Commerce.

Mr. Shepley presented sundry documents showing the necessity of repairing the military road in the State of Maine; and

Ordered , That they be referred to the Committee on Military Affairs.

On motion by Mr. Poindexter,

Ordered , That the Committee on Public Lands be discharged from the consideration of the petition of William Churchill.

On motion by Mr. Webster,

Ordered , That the Committee on Finance be discharged from the consideration of the petition of Maurice and Paulina Langhorn, and that it be referred to the Committee on Private Land Claims.

Mr. Tipton, from the Committee on Indian Affairs, to whom was referred the petition of James Barnett and Samuel Hanna, made a report, accompanied by a bill to confirm the selection and survey of two sections of land to Francis Lafontain and Son, and their assignees.

The bill was read; and,

Ordered , That it pass to a second reading, and that the report be printed.

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Mr. Tipton, from the Committee of Claims, to whom was referred the bill entitled “An act for the relief of Thomas Richardson,” reported it without amendment.

Mr. Wright, from the same committee, to whom was referred the bill entitled “An act for the relief of Philip Hickey,” reported it without amendment.

Mr. Poindexter, from the Committee on Public Lands, to whom was referred the petition of John Kirkpatrick, reported a bill for his relief; which was read; and

Ordered , That it pass to a second reading.

Mr. Poindexter, from the same committee, to whom was referred the bill to revive the act entitled “An act to grant pre emption rights to settlers ca the public lands,” approved May 29th, 1830, reported it without amendment.

Mr. Poindexter, from the same committee, to whom was referred the petition of the widow of Clement B. Penrose, reported a bill for her relief; which was read; and

Ordered , That it pass to a second reading.

On motion by Mr. Poindexter,

Resolved , That when the Senate adjourns, it be to Monday next.

After the consideration of Executive business,

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for withdrawing the public money from the Bank of the United States and its branches, and depositing it in certain State banks, together with the motion submitted thereupon by Mr. Clay; and, after, debate,

On motion by Mr. Calhoun,

The Senate adjourned.

MONDAY, January 13, 1834. Link to Annals.

The Vice President communicated two reports from the Secretary of the Treasury, showing,

1. The construction which has been given by that department to the act of the last session, “to modify the act of the 14th of July, 1832, and all other acts imposing duties on imports,” and the instructions given to collectors regulating their duty under said act; prepared in obedience to a resolution of the Senate of the 10th instant; and

2. The state of the affairs of the several incorporated banks within the District of Columbia at the close of the last year; and

Ordered , That the first be laid on the table and printed; and that the second be referred to the Committee on Finance, and printed.

On motion by Mr. Poindexter,

Ordered , That the Committee on Public Lands be discharged from the consideration of the petition of Andrew A. H. Knox.

Mr. Tyler presented the petition of the executor of Colonel Richard Smith, deceased, late of the marine corps, praying for the payment of certain claims of his testator, arising under the act of the 14th of July, 1832, “concerning certain officers of the marine corps.”

Mr. Wright presented the petition of Marinus W. Gilbert, praying for the payment, to himself and his associates, of the bounty allowed by the act of the 19th of March, 1814, upon sixty-nine prisoners of war captured by them 0092 92 as the owners of a private armed vessel, and delivered to the agent of the United States at the port of Sackett's Harbor, during the late war.

Ordered , That the said petitions be referred to the Committee on Naval Affairs.

Mr. Shepley presented the petition of Mark L Hill, for himself and others; and

Mr. Silsbee presented the petition of William Bartlet and others; severally praying to be indemnified for losses sustained by French spoliations prior to 1800; and

Ordered , That they be laid on the table.

Mr. Shepley presented the petition of Rhoda Cook, administratrix of Elijah Cook, deceased, Frederick Bradford. Alexander Allen, James Cook, Andrew Horn, and Thomas Davis, who were the owners and crew of the private armed vessel the Madison, praying that the portion of the proceeds of the Abigail and cargo, captured by them in 1814, which has been paid into the Treasury, may be paid to them; and

Ordered , That it be referred to the Committee of Claims.

Mr. Wilkins presented the memorial of the Chamber of Commerce of the city of Philadelphia, attributing the present pecuniary embarrassments of the country to the removal of the public money frond the Bank of the United States, and praying for its restoration; and

Ordered , That it be referred to the Committee on Finance, and printed.

Mr. Silsbee presented the petition of the heirs at law of Silence Elliot, deceased, praying to be empowered to institute suits against the United States to try their titles to certain grounds in Boston; and

Ordered , That it be referred to the Committee on the Judiciary.

Mr. Bibb, from the Committee on the Judiciary, to whom was retorted the bill for the relief of the sureties of John H. Morton, reported it without amendment, accompanied by a special report recommending the passage thereof; and

Ordered , That the report be printed.

Mr. Hendricks, from the Committee on Roads and Canals, to whom was referred the petition of the legal representatives of Moses Shepherd, deceased, reported a bill for their relief; which was read; and

Ordered , That it pass to a second reading.

Mr. Tipton, from the Committee of Claims, to whom was referred the documents of Hiram A. Hunter, made a report, accompanied by a bill for his relief. The bill was read; and

Ordered , That it pass to a second reading, and that the report be printed.

A message from the House of Representatives, by Mr. Franklin, their Clerk:

Mr. President: The House of Representatives have passed bills of the following titles, in which they request the concurrence of the Senate, viz.

1. “An act for the relief of the heirs of Doctor John Berrien, deceased;”

2. “An act for the relief of Francis and Judith Taylor;”

3. “An act for the relief of the heirs and legal representatives of Capt. Presley Thornton, deceased;”

4. “An act for the relief of Thomas Minor;”

5. “An act for the relief of the legal representatives of George Hurlburt, deceased;”

6. “An act for the relief of John L. Lobdell;”

7. “An act for the relief of Thomas Ap C. Jones;”

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8. “An act for the relief of William Walker, and the heirs of Samuel Brown, deceased;”

9. “An act for the relief of John Percival, master commandant in the United States' navy;”

10. “An act lot the relief of John G. Reynolds;”

11. “An act for the relief of Horatio N. Crabb;”

12. “An act for the relief of the legal representatives of Joseph Rowe, deceased;”

13 “An act for the relief of Philip Bessom;”

14. “An act for the relief of the owners of the schooner Three Sisters, of Saybrook;”

15 “An act for the relief of Ezekiel Foster and Company, of Eastport, State of Maine;”

16. “An act for the relief of the heirs of Alexander Boyd, deceased;”

17. “An act for the relief of Abraham Forbes;” and

18. “An act for the relief of John Webber.”

The eight bills first above mentioned were severally read; and

Ordered , That they pass to a second reading.

The second, third, fourth , and fifth of said bills, were severally read the second time by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That they be referred to the Committee on Revolutionary Claims.

The sixth of said bills was read the second time by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Private Land Claims.

The seventh of said bills was read the second time by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Naval Affairs.

The eighth of said bills was read the second time by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Public Lands.

On motion by Mr. Kane,

Ordered , That the report of the Committee on Private Land Claims, of the 30th May, 1832, on the petition of the legal representatives of Lawrence Milligan, deceased, be printed for the use of the Senate.

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for withdrawing the public money from the Bank of the United States and its branches, and depositing it in certain State banks, together with the motion submitted thereupon by Mr. Clay; and, after debate,

On motion by Mr. Shepley,

The Senate adjourned.

TUESDAY, January 14, 1834. Link to Annals.

Mr. Prentiss presented the petition of Moses Haskill, a pensioner of the United, States, praying for the payment of certain arrears of his pension; and

Ordered , That it be referred to the Committee on Pensions.

Mr. Hendricks presented the memorial of the General Assembly of the Territory of Arkansas, praying for an additional appropriation to complete the road from Memphis to Little Rock; and

0094 94

Ordered , That it be referred to the Committee on Roads and Canals.

Mr. Linn presented the petition of sundry citizens of Missouri, praying that a land office may be established at Jefferson city; and

Ordered , That it be referred to the Committee on Public Lands.

Mr. Morris presented resolutions of the Legislature of the State of Ohio, instructing the Senators, and requesting the Representatives from that State in Congress to use their influence to prevent the re-chartering of the Bank of the United States, to sustain the administration in its removal of the public money from said bank, and to oppose the passage of a land bill containing the principles adopted in the act upon that subject, passed at the last session of Congress; and

Ordered , That they be laid on the table, and printed.

Mr. Linn, from the Joint Committee on Enrolled Bills, reported that they had examined, and found duly enrolled,

“An act for the relief of George Chinn;” and

“An act for the relief of the heirs of Widow Robert Avart.”

Mr. Naudain, from the Committee of Claims, to whom was referred the bill entitled “An act for the relief of John Thompson,” reported it without amendment.

Mr. Brown, from the same committee, to whom was referred the bill entitled “An act for the relief of Samuel Thompson,” reported it without amendment.

Mr. White, from the Committee on Revolutionary Claims, to whom was referred the petition of Elizabeth Scott, praying for the payment of the commutation money due to her late father, Captain William Blackwell, of the army of the revolution, made a report, accompanied by the following resolution:

Resolved , That the prayer of the petitioner is unreasonable, and ought not to be granted.

Ordered , That the report be printed.

On motion by Mr. Grundy,

Ordered , That the Committee on the Post Office and Post Roads be discharged from the consideration of the resolution of the Senate of the 8th instant, instructing that committee to inquire into the expediency of transporting the mail from Louisville, Kentucky, to St. Louis, in Missouri, in steamboats.

The following motion, submitted by Mr. Robbins, was considered and agreed to:

Resolved , That the Joint Library Committee be instructed to inquire into the expediency of a proposition to be made by Congress to the Parliament of Great Britain, to interchange and exchange copies of the acts and proceedings of their respective bodies from year to year; and, also, the expediency of doing the same thing with regard to the Legislative Chambers of France.

The following motion, submitted by Mr. Hendricks, was considered and agreed to:

Resolved , That the Secretary of War be directed to communicate to the Senate a report of the agent recently employed in examining the Cumberland road west of the Ohio river.

A message from the House of Representatives, by Mr. Franklin, their Clerk:

Mr. President: The Speaker of the House of Representatives having 0095 95 signed several enrolled bills, I am directed to bring them to the Senate for the signature of their President.

The Vice President signed the two enrolled bills last reported to have been examined, and they were delivered to the committee to be laid before the President of the United States.

The following motion, submitted by Mr. Clay, was considered:

Resolved , That the Committee on Finance be directed to inquire into the expediency of affording temporary relief to the community, from the present pecuniary embarrassment, by prolonging the payment of revenue bonds as they fall due, the obligors paying interest, and giving satisfactory security.

On motion by Mr. Forsyth,

To amend the same by striking out all after the word “Resolved,” and inserting, That the Committee on Finance inquire into the extent and causes of the alleged distresses of the community, and into the propriety of legislative interference to relieve them .

On motion by Mr. Poindexter,

Ordered , That the original motion, and proposed amendment, be laid on the table.

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for withdrawing the public money from the Bank of the United States and its branches, and depositing it in certain State banks, together with the motion submitted by Mr. Clay thereupon; and, after debate,

On motion by Mr. Benton,

The Senate adjourned.

WEDNESDAY, January 15, 1834. Link to Annals.

The Vice President communicated a letter from the Secretary of War, transmitting a report from the Commissioner of Pensions in relation to the papers of Mountjoy Bayly, copies of which were called for by a resolution of the Senate of the 6th instant.

He also communicated a letter from the Secretary of the Treasury, transmitting, in obedience to the 9th section of the act of 1832, “to alter and amend the several acts imposing duties on imports,” a copy of the rules and regulations, with the reasons therefor, adopted by the said Secretary, and approved by the President of the United States, for carrying into effect the provisions of the said act, and of the act of 1833, to “modify the act of the 14th of July, 1832, and all other acts imposing duties on imports;” and

He communicated a letter from the same officer, transmitting, in obedience to a resolution of the Senate of the 3d instant, a statement showing the trade between the United States and the West Indies, and the British North American Colonies, for the year ending on the 30th September, 1833; and

Ordered , That they be printed.

Mr. Ewing presented the petition of Ichabod Nye, praying for a pension in consideration of revolutionary services; and

Ordered , That it be referred to the Committee on Pensions.

Mr. Ewing presented the petition of sundry citizens of the Stage of Ohio; and

Mr. Sprague presented the petition of sundry citizens of the State of Maine; severally praying for the abolition of slavery in the District of Columbia; and

0096 96

Ordered , That they be referred to the Committee on the District of Columbia.

Mr. Waggaman presented the petition of Nicholas Girod, praying for the Confirmation of his claim to certain land in Louisiana; and

Ordered , That it be referred to the Committee on Private Land Claims.

Mr. Kane presented the memorial of the citizens of Kaskaskia, in Illinois, praying for appropriations to survey and improve the navigation of the Mississippi river; and

Ordered , That it be referred to the Committee on Roads and Canals.

Mr. Rives presented the petition of Joseph Clarke, praying to be paid for the loss of certain property of his late sea Doctor Joseph Clarke, who was a lieutenant in the army during the late war.

Mr. Bell presented the petition of George M. Grouard, praying for additional compensation for making indexes to the reprint of the Senate's Journals.

Ordered , That the two petitions last mentioned be referred to the Committee of Claims.

Mr. Smith presented the petition of the heirs of Paul Noyes, deceased, praying that the claim of the deceased for a number of cartouch boxes and other articles furnished to the United States in the war of the revolution, may be paid; and

Ordered , That it be referred to the Committee on Revolutionary Claims.

Mr. King, of Georgia, presented two memorials of Gazaway B. Lamar, signed by sundry citizens of Macon and Savannah, in Georgia; severally praying for a remission of the duties that may accrue on the importation of machinery, plates, and other articles necessary in the construction of iron steamboats; and

Ordered , That they be referred to the Committee on Finance.

On motion by Mr. Webster,

Ordered , That the petition on the files of the first session of the last Congress, of the clerks employed in the navy yard at Charlestown, Massachusetts, for an increase of their pay, be referred to the Committee on Naval Affairs.

Mr. Grundy, from the Committee on the Post Office and Post Roads, to whom the subject was referred by a resolution of the Senate of the 9th instant, reported a bill authorizing the Governors of the several States to transmit, by mail, certain books and documents; which was read; and

Ordered , That it pass to a second reading.

Mr. Bell, from the Committee of Claims, to whom was referred the bill entitled “An act for the relief of Daniel Hazleton and William Palmer,” reported it without amendment.

Agreeably to notice given, Mr. Poindexter asked and obtained leave to bring in a bill for the relief of Elizabeth Magruder, of Mississippi; which was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Private Land Claims, with the documents relating thereto on the files of the last session.

Mr. Moore, from the Committee on Revolutionary Claims, to whom was referred the petition of Elizabeth Robinson, daughter of Lieut. Richard Wild, deceased, made a report, accompanied by a bill for her relief. The bill was read; and

Ordered , That it pass to a second reading, and that the report be printed.

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On motion by Mr. McKean, and by unanimous consent,

Resolved , That the Committee on the Post Office and Post Roads be instructed to inquire into the expediency of establishing a post route from the post office at Franklindale, in the county of Bradford, through Granville or Springfield, to the post office at Ridgeberry, in the State of Pennsylvania.

The following motion, submitted by Mr. Robbins, was considered:

Resolved , That the Secretary of the Senate purchase fifty sets of the American Annual Register, to be deposited in the library of Congress; and

Ordered , That it be referred to the Committee on the Library of Congress.

The following motions, submitted by Mr. Webster, were considered and agreed to:

Resolved , That the Secretary of the Treasury lay before the Senate a copy of the official order or direction for changing the place of the deposite of the public money.

Resolved , That the Secretary of the Treasury cause to be laid before the Senate a copy of the official bond of the Treasurer of the United States.

Resolved , That the Secretary of the Treasury cause to be laid before the Senate copies of all drafts, checks, or orders, issued by the Treasurer of the United States, in order to transfer the public moneys from the Bank of the United States and its branches to the several State banks selected as batiks of deposite.

The following motion, submitted by Mr. Robbins, was considered and agreed to:

Resolved , That the Committee on the Library be instructed to inquire whether any, and, if any, what amendments are necessary to the existing laws providing for the distribution of the laws and the reports of the Supreme Court of the United States.

The following motion, submitted by Mr. Moore, was considered and agreed to:

Resolved , That the Committee on Military Affairs be instructed to inquire into the accounts of Colonel Samuel Dale, as settled under the act of 1832; and whether said Dale is not justly entitled to the money received by — Wier, for provisions furnished the troops in the Territory of Alabama in 1818; and whether the said sum of money ought not to be paid to the said Dale.

The following motion, submitted by Mr. Hendricks, was considered and agreed to:

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of establishing, at some suitable point on the Ohio river within the State of Indiana, a marine hospital for the accommodation of sick and disabled seamen and river-faring men.

The following motion, submitted by Mr. Poindexter, was considered and agreed to:

Resolved , That the Secretary of the Senate procure from Gales and Seaton as many copies of their Register of Debates as will supply one copy thereof to each member of the Senate not already supplied therewith, and ten copies to the office of the Secretary of the Senate.

The following bills from the House of Representatives, viz.

“An act for the relief of John Percival, master commandant in the United States' navy;” 13

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“An act for the relief of John G. Reynolds;”

“An act for the relief of Horatio N. Crabb;” and

“An act for the relief of the legal representatives of Joseph Rowe, deceased;” were severally read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That they be severally referred to the Committee on Naval Affairs.

The following bills from the House of Representatives, viz.

“An act for the relief of Philip Bessom;” and

“An act for the relief of the owners of the schooner Three Sisters, of Saybrook;” were severally read twice by unanimous consent, and considered an in Committee of the Whole; and

Ordered , That they be referred to the Committee on Commerce.

The bill from the House of Representatives, entitled “An act for the relief of Ezekiel Foster and Company, of Eastport, State of Maine,” was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Finance.

The bill from the House of Representatives, entitled “An act for the relief of the heirs of Alexander Boyd, deceased,” was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Private Land Claims.

The bill from the House of Representatives, entitled “An act for the relief of Abraham Forbes,” was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Public Lands.

The bill from the House of Representatives, entitled “An act for the relief of John Webber,” was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee of Claims.

Mr. Chambers, from the Committee on the District of Columbia, to whom was referred a memorial on the subject, reported a bill to provide for the construction and use of a lateral branch of the Baltimore and Ohio railroad within the District of Columbia; which was read; and

Ordered , That it pass to a second reading.

The resolution providing for the purchase of ten copies of the laws of the United States for the library, was read the second time, and considered as in Committee of the Whole; and no amendment having been proposed, it was reported to the Senate; and

Ordered , That it be engrossed, and read a third time.

A message from the House of Representatives by Mr. Franklin, their Clerk:

Mr. President: The House of Representatives have passed a bill entitled “An act making appropriations for the naval service for the year 1834,” in which they request the concurrence of the Senate.

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for removing the public money from the Bank of the United States sod its branches, to certain State banks, together with the motion submitted thereupon by Mr. Clay; and, after debate,

On motion by Mr. Kane,

The Senate adjourned.

THURSDAY, January 16, 1834. Link to Annals.

The following written message was received from the President of the United States, by Mr. Donelson, his Secretary:

Washington, D. C ., January 15, 1834.

Sir : I transmit to Congress a report from the Director of the Mint, exhibiting the operations of that institution during the year 1833.

ANDREW JACKSON.

The Hon. the President of the Senate .

The message was read.

The Vice President communicated a letter from the Secretary of War, transmitting an abstract of all licenses to trade with the Indians, granted by the superintendents and agents within the year commencing on the 10th of September, 1832; prepared in obedience to the 1st section of the act of the 6th of May, 1822, “To amend an act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers.”

Mr. Smith presented the petition of John Watson, of Connecticut, praying to be paid for a vessel built by him for the public service under contract, which was burnt by the enemy in 1814, before she reached her place of delivery; and

Ordered , That it be referred to the Committee on Naval Affairs.

Mr. King, of Alabama, presented a memorial of the Legislature of that State, praying that the right of pre-emption to one-eighth of a section may be granted to each actual settler on the public lands within said State, and that the price of the refuse lands may be reduced; and

Ordered , That it be referred to the Committee on Public Lands, and printed.

Mr. Hendricks presented a memorial of the Legislature of the State of Indiana, praying that an appropriation may be made for improving the Louisville and St. Louis mad route; and

Ordered , That it be referred to the Committee on Roads and Canals.

Mr. Rives presented the petition of Richard Drummond, for himself and the other owners, officers, and crew of the late private armed schooner “Roger,” of Norfolk, praying to be paid interest for the detention, by the collector of the port of Wilmington, North Carolina, of a part of the proceeds of two prizes made by said schooner during the late war; and

Ordered , That it be referred to the Committee on Finance.

Mr. Clay presented the petition of the heirs of the late Lieut. Gabriel Green, of the army of the revolution, praying for the payment of the commutation money due to their ancestor; and

Ordered , That it be referred to the Committee on Revolutionary Claims.

Agreeably to notice given, Mr. Kane asked and obtained leave to bring in a bill supplementary to the act authorizing the Territory of Florida to open canals between Chipola river and St. Andrew's bay, and from Matanzas to Halifax river, in said Territory, approved March 2d, 1832; which was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Roads and Canals.

Agreeably to notice given, Mr. Hendricks asked and obtained leave to bring in a bill to enable South Hanover College to establish an asylum for 0100 100 teaching the deaf and dumb; which was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Public Lands.

Mr. Tyler, from the Committee on Finance, to whom was referred the bill to repeal an act entitled “An act providing for the better organization of the Treasury Department,” approved the 15th of May, 1820, reported it without amendment.

On motion by Mr. Wright,

Ordered , That the heirs of Barent J. Staats, deceased, have leave to withdraw, from the files of the second session of the twenty-first Congress, their petition and papers.

The following motion, submitted by Mr. Robinson, was considered and agreed to:

Resolved , That the Committee on the Judiciary be instructed to inquire into the expediency of more explicitly fixing the amount of the fees of the attorneys of the respective districts of the United States, and of equalizing said fees according to the services rendered.

The resolution providing for the purchase of ten copies of the laws of the United States for the library, having been reported by the committee correctly engrossed, was read the third time; and

Resolved , That it pass, and that its title be as aforesaid.

Ordered , That the Secretary request the concurrence of the House of Representatives in said resolution.

The bill from the House of Representatives, entitled “An act making appropriations for the naval service for the year 1834,” was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Finance.

The bill from the House of Representatives, entitled “An act for the relief of the heirs of Doctor John Berrien, deceased,” was read the second time and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Revolutionary Claims.

The Senate resumed, as in Committee of the Whole, the bill entitled “An act for the relief of Peregrine Gardner;” and it was amended and reported to the Senate, and the amendment being concurred in,

Ordered , That it be engrossed, and the bill read a third time as amended.

The Senate proceeded to consider, as in Committee of the Whole,

“An act for the relief of Edward Willett;”

“An act for the relief of Richard Bagnall, executor of Jas. B. Vaughan;”

“An act for the relief of Russell Hunt, David Hunt, and Amos Hunt;”

“An act for the relief of James H. Brewer;” and

“An act for the relief of George H. Jennings:” and no amendment having been proposed, they were reported to the Senate; and

Ordered , That they severally pass to a third reading.

On motion by Mr. Tyler,

Ordered , That be have leave to withdraw, from the files of the first session of the last Congress, the memorial of the citizens of Richmond, asking an appropriation for removing obstructions to navigation in James river.

After the consideration of Executive business,

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for removing the public money from the Bank of the United States and its branches, to certain State banks, together with the motion submitted thereupon by Mr. Clay; and, after debate,

On motion by Mr. Rives,

The Senate adjourned.

FRIDAY, January 17, 1834. Link to Annals.

The Vice President communicated a letter from the Secretary of War, transmitting a copy of the report of the agent of the War Department in reference to his inspection of the National road in the State of Indiana; prepared in obedience to a resolution of the Senate of the 14th instant; and

Ordered , That it be referred to the Committee on Roads and Canals, and printed.

The Vice President also communicated a letter from the same officer, transmitting a statement showing the names of the several clerks employed in the War Department during the last year, and the sums paid to each.

Mr. Tomlinson presented the petition of Ithiel Town, of New York, praying for the renewal of his patent for an improvement in constructing bridges; and

Ordered , That it be referred to the Committee on the Judiciary.

On motion by Mr. Bell,

Ordered , That the Committee of Claims be discharged from the consideration of the memorial of the representatives of John Donnell, deceased; and that it be referred to the Committee on the Judiciary.

On motion by Mr. Kane,

Ordered , That the Committee on Private Land Claims be discharged from the consideration of the petition of Maurice and Paulina Langhorn, and that it be referred to the Committee on the Judiciary.

On motion by Mr. Poindexter,

Ordered , That the Committee on Public Lands be discharged from the consideration of the resolution of the State of Illinois in relation to enlarging the Quincy land district.

Mr. Porter presented the petition of Charles Dehault Delassus, praying for the reimbursement of a sum of money which was forcibly taken from him for public purposes, at the time of the capture of the fort and district of Baton Rouge, in 1810; and

Ordered , That it be referred to the Committee of Claims.

Mr. Bell, from the Committee of Claims, to whom was referred the bill for the relief of John McCartney, reported it without amendment, accompanied by a special report thereon, recommending its rejection; and

Ordered , That the report be printed.

Agreeably to notice given, Mr. Tipton asked and obtained leave to bring in a bill authorizing the Secretary of War to correct an error in inscribing on the roll of invalid pensioners the rank of Captain John Hamilton, of the Ohio volunteers; which was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Pensions.

Mr. Tipton presented sundry documents relating to the last mentioned bill; and

Ordered , That they be referred to the Committee on Pensions.

Agreeably to notice given, Mr. Naudain asked and obtained leave to bring in a bill for the relief of Henry Waller; which was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred, with the papers on the files of the last session relating thereto, to the Committee of Claims.

Agreeably to notice given, Mr. Silsbee asked and obtained leave to bring in a bill for the relief of the legal representatives of Tristram Coffin, deceased; 0102 102 which was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Revolutionary Claims.

Mr. Silsbee presented sundry documents relating to the last mentioned bill; and

Ordered , That they be referred to the Committee on Revolutionary Claims.

Mr. Kane, from the Committee on Private Land Claims, to whom was referred the bill entitled “An act for the relief of John L. Lobdell,” reported it without amendment.

Mr. Poindexter, from the Committee on Public Lands, to whom had been referred

The bill authorizing the relinquishment of the sixteenth sections granted for the use of schools, and the entry of other lands in lieu thereof; and

“An act for the relief of William Walker, and the heirs of Samuel Brown, deceased;” reported them severally without amendment.

Agreeably to notice given, Mr. Porter asked and obtained leave to bring in a bill to provide for the legal adjudication and settlement of the claims to land therein mentioned; which was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Public Lands.

On motion by Mr. Poindexter,

The Senate resumed the consideration of the motion submitted by Mr. Clay on the 14th instant, for prolonging the payment of duty bonds, together with the amendment proposed thereto by Mr. Forsyth; and,

On motion by Mr. Clay,

To amend the proposed amendment,

On motion by Mr. Webster,

Ordered , That the original motion and proposed amendment be laid on the table.

On motion by Mr. Ewing,

Resolved , That when the Senate adjourns, it be to Monday next.

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for removing the public money from the Bank of the United States and its branches, to certain State banks, together with the motion submitted thereupon by Mr. Clay; and, after debate,

On motion by Mr. Ewing,

The Senate adjourned.

MONDAY, January 20, 1834. Link to Annals.

Mr. Ewing presented the petition of the executor of Thomas Worthington, deceased, praying that the estate of his testator may be released from the lien of a judgment obtained against him in favor of the United States.

Mr. Mangum presented a memorial from the citizens of the county of Escambia, and a memorial from the citizens of the county of Walton, in Florida, severally praying for an increase of the salary of the judge of the western district of that Territory.

Ordered , That the said petition and memorial be referred to the Committee on the Judiciary.

Mr. Chambers presented the memorial of sundry citizens of the District of Columbia, and of the adjacent counties of the State of Maryland, praying that the bridges over the Eastern Branch river may be made free; and

0103 103

Ordered , That it be referred to the Committee on the District of Columbia.

Mr. Grundy presented the petition of the heirs of Francis Cazeau, late of Montreal, deceased, stating that their ancestor incurred very extensive losses and privations in consequence of his adhesion to the cause of the American revolution; and that, although an act has heretofore passed intending some remuneration for those losses, they have received no part thereof, and praying for relief; and

Ordered , That it be referred to the Committee of Claims.

Mr. Frelinghuysen presented resolutions of the Legislature of the State of New Jersey, instructing the Senators, and requesting the Representatives from that State in Congress to sustain, by their votes and influence, the course adopted by the Secretary of the Treasury in relation to the Bank of the United States and the deposites of the Government moneys, as constitutional, and required by the public good; and

Ordered , That they be laid on the table, and printed.

Mr. Webster presented sundry resolutions adopted at a numerously attended meeting of the citizens of Boston, held at Faneuil Hall on the 11th instant, attributing the existing pecuniary distresses of the country to the removal of the public money from the Bank of the United States, and in favor of its restoration; and

Ordered , That they be referred to the Committee on Finance.

Mr. Bibb, from the Committee on the Judiciary, to whom was referred the bill entitled “An act for the relief of the legal representative of James Morrison, deceased,” reported it without amendment.

Mr. Webster, from the Committee on Finance, to whom was referred the bill entitled “An act making appropriations for the naval service for the year 1834,” reported it without amendment.

Mr. King, of Alabama, from the Committee on Military Affairs, to whom was referred the petition of the administratrix of Capt. Paschal Hickman, reported a bill for her relief; which was read; and

Ordered , That it pass to a second reading.

A message from the House of Representatives by Mr. Franklin, their Clerk:

Mr. President: The House of Representatives have passed bills of the following titles, in which they request the concurrence of the Senate, viz.

“An act for the relief of the heirs and legal representatives of Francis Barham, deceased, and her husband, Fielding Barham;”

“An act for the relief of Aaron Bellamy;”

“An act for the relief of Luther L. Smith;”

“An act for the relief of Pearson Freeman;”

“An act for the relief of the legal representatives of Buller Claiborne, deceased;”

“An act for the relief of Coleman Fisher;”

“An act supplementary to an act entitled ‘An act for the relief of Garrigues Flaujac, of Louisiana,’ approved on the 20th May, 1826;”

“An act for the relief of Chastelain and Ponvert;”

“An act for the relief of Lucy Loomis;”

“An act for the relief of Joel Wright;”

“An act for the relief of Ann Mortimer Barron;”

“An act for the relief of the legal representatives of Everard Meade, deceased;”

0104 104

“An act for the relief of the legal representatives of Enos Grannis, deceased;”

“An act for the relief of Joseph Cliff;”

“An act for the relief of George K. Jackson,” and

“An act granting the right of pre-emption to John Yantis.”

The House of Representatives have agreed to the first amendment of the Senate to the bill entitled “An act making appropriations, in part, for the support of Government for the year 1834;” and they have disagreed to the Second .

The Vice President communicated a letter from the Secretary of State, transmitting a list of all the patents for discoveries, inventions, and improvements, which have expired within the year 1833, with the names of the patentees.

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for removing the public money from the Bank of the United States and its branches, to certain State banks, together with the motion submitted thereupon by Mr. Clay; and, after debate,

On motion by Mr. Smith,

The Senate adjourned.

TUESDAY, January 21, 1834. Link to Annals.

The Vice President communicated a letter from the Secretary of State, transmitting a schedule of the several articles received by the ministers, consuls, and other agents of the Government of the United States at foreign courts, as presents from the Governments to which they were accredited, and by them deposited in the Department of State; prepared in obedience to a resolution of the Senate of the 9th instant; and

Ordered , That it be referred to the Committee on Foreign Relations, and printed.

The Vice President communicated a letter from the Commissioner of the General Land Office, transmitting a report of the recorder and commissioners, under the provisions of the act of the 9th of July, 1832, “for the final adjustment of private land claims in Missouri,” and of the act supplementary thereto, of the 2d March, 1833, upon such claims as, in their opinion, are entitled to be placed in the first class under the said act of 1832.

Mr. Tipton presented the petition of sundry citizens of the State of Indiana and Territory of Michigan, praying for the aid of Congress in constructing a railroad between Lakes Erie and Michigan; and

Ordered , That it be referred to the Committee on Roads and Canals.

On motion by Mr. Bell,

Ordered , That the Committee of Claims be discharged from the consideration of the petition of the heirs of Francis Cazeau, deceased, and that it be referred to the Committee on Revolutionary Claims.

Mr. McKean presented a memorial of the Bank of Chambersburg, in Pennsylvania, complaining of the distresses which have resulted to the country by the removal of the public money from the Bank of the United States, and praying for its restoration; and

Ordered , That it be referred to the Committee on Finance, and printed.

On motion by Mr. Naudain,

Ordered , That the Committee of Claims be discharged from the consideration of the petition of the administratrix of Elijah Cook and others, and hat it be referred to the Committee on Finance.

0105 105

On motion by Mr. Benton,

Ordered , That the Committee on Military Affairs be discharged from the consideration of the memorial of George Armstrong, and that he have leave to withdraw the same.

Mr. Benton presented the petition of Joseph Cooper, of Missouri, praying to be paid for a quantity of beef delivered at the western Creek Agency for the use of the emigrating Creek Indians, under a contract entered into in 1829; and

Ordered , That it be referred to the Committee on Indian Affairs.

Mr. Bibb presented the petition of James Taylor, late a quartermaster general and district paymaster in the army, praying for further allowances in the settlement of his accounts; and

Ordered , That it be referred to the Committee of Claims.

On motion by Mr. Bibb,

Ordered , That the Committee on Military Affairs be discharged from the consideration of the memorial of Doctor William Baker, and that he have leave to withdraw the same.

Mr. Tipton, from the Committee on Military Affairs, to whom had been referred sundry documents on the subject, made a report, accompanied by a bill for the relief of Charles Burkham, and others, employed as spies on the frontier of Arkansas in 1830. The bill was read; and

Ordered , That it pass to a second reading, and that the report be printed.

Mr. Poindexter, from the Committee on Private Land Claims, to whom was referred the bill for the relief of Elizabeth Magruder, of Mississippi, reported it without amendment.

Mr. Wright, from the Committee of Claims, to whom was referred the petition of the heirs and legal representatives of John Rose, senior, deceased, made a report, accompanied by a bill for their relief. The bill was read; and

Ordered , That it pass to a second reading, and that the report be printed.

Mr. Wright, from the same committee, to whom was referred the petition of John Shackford, reported a bill for his relief; which was read; and

Ordered , That it pass to a second reading.

The following motion, submitted by Mr. Knight, was considered and agreed to:

Resolved , That the Secretary of the Senate cause one thousand copies of the map of Narragansett bay, engraved for the House of Representatives, to be procured for the use of the Senate.

On motion by Mr. Webster,

The Senate proceeded to consider the message from the House of Representatives, announcing the disagreement of that House to the second amendment of the Senate to the bill entitled “An act making appropriations, in part, for the support of Government for the year 1834;” and,

On motion by Mr. Webster,

That the Senate adhere to its said second amendment,

It was determined in the affirmative,

Yeas, 34,

Nays, 13,

On motion by Mr. Poindexter,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative, are,

Messrs. Bell, Bibb, Black, Calhoun, Chambers, Clay, Ewing, Frelinghuysen, Hendricks, Kane, Kent, Knight, Linn, McKean, Mangum, Moore, Naudain, Poindexter, Porter, Prentiss, Preston, Robbins, Robinson, Silsbee, 14 0106 106 Smith, Southard, Sprague, Swift, Tipton, Tomlinson, Tyler, Waggaman, Webster, Wilkins.

Those who voted in the negative, are,

Messrs. Benton, Brown, Forsyth, Grundy, Hill, King, of Alabama, King, of Georgia, Morris, Rives, Shepley, Tallmadge, White, Wright.

So it was

Resolved , That the Senate adhere to its said second amendment.

Ordered , That the Secretary notify the House of Representatives accordingly.

Mr. Brown, from the Committee of Claims, to whom was referred the bill entitled “An act for the relief of Whitford Gill,” reported it without amendment.

On motion by Mr. Hendricks, and by unanimous consent,

Resolved , That the Committee of Claims be instructed to inquire into the expediency of authorizing, by law, a final settlement of the claims of the legal representatives of John H. Piatt, deceased, on principles of equity; and that the documents in the case be referred to the same committee.

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for removing the public money from the Bank of the United States and its branches, to certain State banks, together with the motion submitted thereupon by Mr. Clay; and,

On motion by Mr. Webster,

Ordered , That the report and motion be laid on the table.

After the consideration of Executive business,

The Senate adjourned.

WEDNESDAY, January 22, 1834. Link to Annals.

Mr. Wilkins presented the memorial of the disbanded officers of the army engaged in the late war with Great Britain, praying that a gratuity in land may be made to them, and to the heirs of those who died or were killed in service, equal to that matte to the officers of the revolutionary army; and

Ordered , That it be referred to the Committee on Military Affairs.

Mr. Wilkins presented the petition of sundry citizens of Philadelphia, in Pennsylvania, complaining of the misconduct of the Bank of the United States, and praying that it may not be rechartered, nor the public money restored thereto

Mr. Shepley presented the petition of Enoch Baldwin, praying for a remission of certain discriminating duties paid under misapprehension of law.

Mr. Wilkins presented the memorial of S. M. Waln and Co., praying for a remission of the duties chargeable on a quantity of wine imported by them into the port of Philadelphia, and which was destroyed by fire on the 7th instant.

Ordered , That the two petitions and memorial last mentioned be referred to the Committee on Finance.

Mr. Tomlinson presented the petition of sundry citizens of Connecticut, who are masters and owners of vessels navigating Long Island sound, praying that provision may be made for removing obstructions to the navigation of Black Rock harbor, and for its future protection; and

Ordered , That it be referred to the Committee on Commerce.

Mr. Sprague presented the petition of Thomas Bulfinch, of Boston, praying for further allowance on a quantity of curbstone furnished by him for the use of the Pennsylvania avenue, in the city of Washington; and

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Ordered , That it be referred to the Committee on the District of Columbia.

Mr. Porter presented the petition of the heirs of John B. Macarty, deceased, praying for the confirmation of their claim to several tracts of land in Louisiana; and

Ordered , That it be referred to the Committee on Private Land Claims.

On motion by Mr. King, of Alabama,

Ordered , That the petition of the citizens of Mobile county, Alabama, who are occupants of public lands, on the subject of pre-emption rights, be recommitted to the Committee on Public Lands.

The following written message was received from the President of the United States by Mr. Donelson, his Secretary:

Washington , 22d January , 1834.

I transmit to the Senate a report from the Secretary of State, containing the information requested by their resolution of the 9th instant, with the documents which accompanied that report.

ANDREW JACKSON.

The message was read; and

Ordered , That it be referred to the Committee on Foreign Relations, and printed.

On motion by Mr. Poindexter, one of the majority,

Ordered , That the order of yesterday to refer and print the report received from the Secretary of State on the subject of the last mentioned message, be rescinded.

On motion by Mr. Linn,

Ordered , That the report yesterday received from the Commissioner of the General Land Office on private land claims in Missouri, be referred to the Committee on Private Land Claims.

Mr. Moore, from the Committee on Revolutionary Claims, to whom was referred the petition of the heirs of Benjamin Hoomes, deceased, made a report, accompanied by the following resolution:

Resolved , That the prayer of the petitioners is unreasonable, and ought not to be granted.

Ordered , That the report be printed.

Mr. Webster, from the Committee on Finance, to whom had been referred memorials from Gazaway B. Lamar and others, on the subject, reported a bill to authorize Gazaway B. Lamar to import an iron steamboat, in detached parts, with the necessary machinery, tools, and working utensils therefor, into the United States, free from duty, and to provide for the remission of the same; which was read; and

Ordered , That it pass to a second reading.

On motion by Mr. Waggaman, and by unanimous consent,

Resolved , That the Committee on Public Lands be instructed to inquire into the propriety of granting—acres of land to Major General Philemon Thomas, in consideration of the military services rendered by him in taking possession of that portion of West Florida included in the district of Baton Rouge.

The following motion, submitted by Mr. Shepley, was considered and agreed to:

Resolved , That the Secretary of the Treasury be directed to communicate to the Senate, so far as the returns received will permit, the tonnage departing 0108 108 from the United States, in each collection district thereof, to the British North American Colonies, and to the British West Indies, since the 30th of September, 1832, distinguishing the domestic and foreign tonnage; and, also, the value of the exports to those places, respectively, from each collection district, during the same period.

The following motion, submitted by Mr. Waggaman, was considered and agreed to:

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of erecting a light-house at the mouth of Tchefuncta, on Lake Ponchartrain.

The following motion, submitted by Mr. Tipton, was considered and agreed to:

Resolved , That the Committee on Pensions be instructed to inquire into the expediency of placing on the roll of revolutionary pensioners all persons who served as wagoners, or were engaged in the transportation of provisions or munitions of war to the army of the revolution, on their producing such proof of their service as is required to establish a claim to a pension under the pension act of 7th June, 1832.

The following motion, submitted by Mr. Linn, was considered and agreed to:

Resolved , That the Committee on Manufactures be instructed to inquire whether the duty on lead has not been eluded, or attempted to be eluded, by the importation of lead in the form of busts, clock and sash weights, bullets, large bowls, &c.

The following motion, submitted by Mr. Benton, was considered and agreed to:

Resolved , That the Secretary of the Treasury be directed to inform the Senate, provided any information in his power or possession will enable him to give the information, whether the Government Directors of the Bank of the United States, for the year 1833, have continued to act as directors in the year 1834.

The following motion, submitted by Mr. Chambers, was considered and agreed to:

Resolved , That the Committee on the District of Columbia be instructed to inquire into the expediency of continuing the improvements of Pennsylvania avenue from the Executive offices to Georgetown.

The following motion, submitted by Mr. White, was considered and agreed to:

Resolved , That the Secretary of War be, and he hereby is, requested to furnish to the Senate an estimate of the number of Indians that will probably emigrate, during the present year, from the country now occupied by the Creeks to the country assigned them west of the river Mississippi; and, also, a detailed estimate of the sums of money which may be necessary, during the present year, to comply with the various stipulations of the treaty made with the Creek Indians.

The following motion, submitted by Mr. Waggaman, was considered and agreed to:

Resolved , That the Committee on Roads and Canals be instructed to inquire into the expediency of granting to the State of Louisiana five hundred thousand acres of the public land, to aid the said State in keeping open the water courses communicating with the river Mississippi, and for such other objects as may be considered of public utility.

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The following motion, submitted by Mr. Swift, was considered and agreed to:

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of causing a survey to be made of the channel between the islands of North and South Hero, in Lake Champlain, with a view to the removal of obstructions in said channel to the navigation of vessels on said lake, and of making the necessary appropriation for that object.

The following motion, submitted by Mr. Porter, was considered and agreed to:

Resolved , That the Committee on Commerce be directed to inquire into the expediency of increasing the compensation of the collector of the port of Franklin, in the district of Teche.

The following motion, submitted by Mr. Shepley, was considered and agreed to:

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of ordering a survey to be made for the establishment of a military road between the military post at Eastport and Houlton, in Maine.

The Senate proceeded to consider the report of the Committee on Revolutionary Claims, on the petition of Elizabeth Scott; and, in concurrence therewith,

Resolved , That the prayer of the petitioner is unreasonable, and ought not to be granted.

On motion by Mr. Webster,

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for removing the public money from the Bank of the United States and its branches, to certain State banks, together with the motion submitted thereupon by Mr. Clay; and,

On motion by Mr. Webster,

Ordered , That the report and motion be laid on the table.

After the consideration of Executive business,

The Senate adjourned.

THURSDAY, January 23, 1834. Link to Annals.

The Vice President communicated the proceedings of a large meeting of the citizens of Cincinnati and Hamilton county, in Ohio, declaring that the present pecuniary distresses of the United States are, in their opinion, attributable solely to the removal of the public money from the Bank of the United States; and requesting the Senators and Representatives from that State in Congress to use their influence to cause the public revenue hereafter collected to be deposited in the said bank.

Mr. Mangum presented the memorial of the citizens of Salisbury, in North Carolina, deprecating the course pursued towards the Bank of the United States, and especially the recent removal of the public money from its custody, and praying for its immediate restoration.

Ordered , That said proceedings and memorial be referred to the Committee on Finance, and printed.

Mr. Benton presented a letter from Benjamin Phillips, of New Albany, Indiana, stating that he has made important discoveries and improvements in the principles of generating and controlling steam, in which he desires to be protected by special legislation; and

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Ordered , That it be referred to the Committee on Naval Affairs.

Mr. Ewing presented the petition of sundry inhabitants of Clark county, Ohio, praying for the establishment of a post office at Thoda Norton's, in said county; and

Ordered , That it be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Robbins,

Ordered , That the Committee on the Library be discharged from the further consideration of the memorial of Thomas F. Gordon.

Mr. Chambers, from the Committee on Naval Affairs, to whom was referred the bill entitled “An act for the relief of Thomas Ap C. Jones,” reported it without amendment.

Agreeably to notice given, Mr. Hendricks asked and obtained leave to bring in a bill for the relief of Charles J. Hand; which was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on the Militia.

Mr. Hendricks presented the petition of Charles J. Hand on the subject of the last mentioned bill; and

Ordered , That it be referred to the Committee on the Militia.

Mr. Hendricks, from the Committee on Roads and Canals, to whom was referred a memorial of the General Assembly of the Territory of Arkansas on the subject, reported a bill for the completion of the road from a point opposite to Memphis, in the State of Tennessee, to Little Rock, in the Territory of Arkansas; which was read; and

Ordered , That it pass to a second reading.

Mr. Tallmadge, from the Committee on Naval Affairs, to whom was referred the bill entitled “An act for the relief of John H. Maguire,” reported it without amendment.

The following motion, submitted by Mr. Linn, was considered and agreed to:

Resolved , That the Committee on Indian Affairs be instructed to inquire into the expediency of extending the northern boundary line of the State of Missouri westward to the Missouri river, and eastward from the Rapides of Des Moines to the Mississippi river; and inquire whether the northern boundary line has been ascertained of the State of Missouri, according to compact.

The Senate proceeded to consider the report of the Committee on Revolutionary Claims on the petition of the heirs of Benjamin Hoomes, deceased; and,

On motion by Mr. Tyler,

Ordered , That it be laid on the table.

The bill from the House of Representatives, entitled “An act for the relief of the heirs and legal representatives of Frances Barham, deceased, and her husband, Fielding Barham,” was read twice by unanimous consent, and considered as in Committee or the Whole; and

Ordered , That it be referred to the Committee on Private Land Claims.

The bill from the House of Representatives, entitled “An act for the relief of Aaron Bellamy,” was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee of Claims.

The following bills from the House of Representatives, viz.

“An act for the relief of Luther L. Smith;”

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“An act for the relief of Coleman Fisher;”

“An act supplementary to an act, entitled ‘An act for the relief of Garrigues Flaujac, of Louisiana,’ approved on the 20th May, 1826;” and

“An act for the relief of Joseph Clift;” were severally read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That they be referred to the Committee on Public Lands.

The bill from the House of Representatives, entitled “An act for the relief of Pearson Freeman,” was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Pensions.

The following bills from the House of Representatives, viz.

“An act for the relief of the legal representatives of Buller Claiborne, deceased;”

“An act for the relief of Ann Mortimer Barron;”

“An act for the relief of the legal representatives of Everard Meade, deceased;” and

“An act for the relief of the legal representatives of Enos Grannis, deceased;” were severally read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That they be referred to the Committee on Revolutionary Claims.

The bill from the House of Representatives, entitled “An act for the relief of Chastelain and Ponvert,” was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Finance.

The bill from the House of Representatives, entitled “An act for the relief of Lucy Loomis,” was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Military Affairs.

The bill from the House of Representatives, entitled “An act for the relief of Joel Wright,” was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on the Judiciary.

On motion by Mr. Webster,

The Senate resumed, as in Committee of the Whole, the bill from the House of Representatives, entitled “An act making appropriations for the naval service for the year 1834;” and no amendment having been proposed, it was reported to the Senate; and

Ordered , That it pass to a third reading.

The said bill was then read the third time; and

Resolved , That it pass.

Ordered , That the Secretary notify the House of Representatives accordingly.

A message from the House of Representatives by Mr. Franklin, their Clerk:

Mr. President: The House of Representatives have passed bills of the following titles, in which they request the concurrence of the Senate, viz.

“An act making certain allowances, and granting certain arrearages, to the captains and subalterns of the United States' corps of marines;”

“An act further to extend the term of certain pensions chargeable on the privateer pension fund;”

“An act authorizing the Secretary of War to establish a pension agency 0112 112 in the town of Decatur, in the State of Alabama, and to provide for the paying of certain pensioners in said town of Decatur;” and

“An act for the relief of Asa Hartfield, his assignee or legal representative.”

They have passed the bill from the Senate, entitled “An act for the relief of John Hurtell.”

They have also passed a resolution asking a conference with the Senate on the subject matter of the disagreeing votes of the two Houses on the second amendment of the Senate to the bill entitled “An act making appropriations, in part, for the support of Government for the year 1834;” and have appointed Mr. Polk, Mr. Everett, of Massachusetts, Mr. Clay, Mr. Foster, and Mr. Beardsley, managers to conduct the proposed conference on their part.

The Senate proceeded to consider the last mentioned resolution; and,

On motion by Mr. Webster,

Ordered , That it be referred to the Committee on Finance.

Mr. Webster, from the Committee on Finance, to whom was referred the last mentioned resolution, made the following report:

The House requests a conference after the Senate has adhered to its amendments, to which the House had previously disagreed. It cannot be denied that the Senate has a right to refuse such conference, a case exactly similar having been so disposed of by the Senate in 1826, as will be seen by the extracts from its journals which are appended to this report; [vide S. Doc. No. 57.] but the committee think it equally clear that such is not the usual and ordinary mode of proceeding in cases of this kind. It is usually esteemed more respectful, and more conducive to that good understanding and harmony of intercourse between the two Houses, which the public interest so strongly requires to accede, to requests for conferences even after an adhering vote. Such conferences have long been regarded as the established and approved mode of seeking to bring about a final concurrence of judgment in cases where the Houses have differed; and the committee think it unwise either to depart from the practice altogether, or to abridge it, or decline to conform to it, in cases such as those in which it has usually prevailed. It should only be, therefore, as the committee think, in instances of a very peculiar character that a free conference invited by the House should be declined by the Senate.

The committee recommend the adoption of the following resolution:

Resolved , That the Senate agree to the conference proposed by the House of Representatives on the subject matter of the disagreeing votes of the two Houses on the said amendment, and that three managers be chosen to manage the said conference on the part of the Senate.

Ordered , That the report be printed.

On motion by Mr. Webster,

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for removing the public money from the Bank of the United States and its branches, to certain State banks, together with the motion submitted thereupon by Mr. Clay; and, after debates

On motion by Mr. Kent,

The Senate adjourned.

FRIDAY, January 24, 1834. Link to Annals.

On motion by Mr. Webster,

The Senate proceeded to consider the message yesterday received from the House of Representatives, asking a conference on the subject matter of the disagreeing votes of the two Houses on the second amendment of the Senate to the bill entitled “An act making appropriations, in part, for the support of Government for the year 1834,” together with the report of the Committee on Finance thereon; and, in concurrence with the report.

Resolved , That the Senate agree to the proposed conference.

Ordered , That Mr. Webster, Mr. Poindexter, and Mr. Porter, be managers at the said conference on the part of the Senate.

Ordered , That the Secretary notify the House of Representatives accordingly.

Mr. Webster presented the proceedings of a meeting of the citizens of New Bedford, in Massachusetts, held on the 17th instant, attributing the present pecuniary distresses of the country to the removal of the public money from the Bank of the United States, and praying for its immediate restoration; and

Ordered , That they be referred to the Committee on Finance, and printed.

Mr. Robinson presented the petition of James Adams, praying to be remunerated for losses sustained in consequence of obeying a military order in 1814; and

Ordered , That it be referred to the Committee of Claims.

Mr. Wilkins presented the petition of Lorenzo Dow, praying that the patent heretofore granted to him for his invention of a useful family medicine may be renewed; and

Ordered , That it be referred to the Committee on the Judiciary.

Mr. Benton presented the petition of George Lynch, praying for a pension in consideration of a disability contracted in the military service of the United States; and

Ordered , That it be referred to the Committee on Pensions.

On motion by Mr. Poindexter,

Ordered , That the Committee on Public Lands be discharged from the consideration of the memorial of the trustees of Allegany College, in Pennsylvania, praying for a donation of public lands; and from the memorial of the Legislature of Missouri for an exchange of the sixteenth sections, and that it be laid on the table.

Agreeably to notice given, Mr. Kane asked and obtained leave to bring in a bill to create two additional land districts in the State of Illinois, and two new land districts north of said State, in the territory now attached to Michigan, which lies between Lake Michigan and the Mississippi river; which was read; and

Ordered , That it pass to a second reading.

Mr. Poindexter, from the Committee on Public Lands, to whom had been referred

“An act for the benefit of Abraham Forbes;”

“An act for the relief of Luther L. Smith;”

“An act for the relief of Coleman Fisher;”

“An act supplementary to an act entitled ‘An act for the relief of Garrigues Flaujac, of Louisiana,’ approved on the 20th May, 1826;”

“An act for the relief of Joseph Clift, of Arkansas;” and 15

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The bill to provide for the legal adjudication and settlement of the claims to land therein mentioned; reported them severally without amendment.

Mr. Tipton, from the Committee of Claims, to whom was referred the bill entitled “An act for the relief of John Webber,” reported it without amendment.

Mr. Linn, from the Joint Committee on Enrolled Bills, reported that they had examined and found duly enrolled “An act making appropriations for the naval service for the year 1834.”

A message from the House of Representatives, by Mr. Franklin, their Clerk:

Mr. President: The Speaker of the House of Representatives having signed an enrolled bill, I am directed to bring it to the Senate for the signature of their President.

The Vice President signed the enrolled bill last reported to have been examined, and it was delivered to the committee to be laid before the President of the United States.

The following motions, submitted by Mr. Tipton, were considered and agreed to:

Resolved , That the Commissioner of the General Land Office be directed to report to the Senate what progress, if any, has been made in surveying and preparing for sale the lands acquired by purchase from the Pottawatamie Indians, in the State of Indiana; and that he report the number of surveyors and deputy surveyors that have been engaged in that work, with their names and residence.

Resolved , That the Secretary of the Treasury be directed to inform the Senate what progress has been made in connecting the surveys of the public lands with the line of demarkation between the States of Indiana and Illinois, agreeably to the provisions of an act of Congress, entitled “An act authorizing the President of the United States to cause the public surveys to be connected with the line of demarkation between the States of Indiana and Illinois,” approved the 2d March, 1833.

Resolved , That the Committee on Public Lands be instructed to inquire into the expediency of removing the office of the surveyor general of the land district composed of the States of Ohio, Indiana, and the Michigan Territory, to a point more convenient to the country now remaining to be surveyed, than that at which said office is now kept; and that said committee also inquire into the expediency of allowing office rent to the surveyor general, and of an appropriation to purchase an iron chest for the safe keeping of the public moneys received at the land office at Laporte, Indiana.

The following motion submitted by Mr. Shepley, was considered and agreed to:

Resolved , That the Secretary of War be directed to inform the Senate whether any and what evidence has been received by the Department showing that the beacon on Steele's Ledge, in Penobscot bay, has been destroyed; and to furnish an estimate for its reconstruction or repair in such a manner that it may be secure.

The following motion, submitted by Mr. Webster, was considered:

Resolved , That the Secretary of the Treasury lay before the Senate the statements, so far as received at the present time, of the condition of the several State banks in which the public money is deposited.

On motion by Mr. Webster,

Ordered , That it be laid on the table.

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The bill from the House of Representatives, entitled “An act authorizing the Secretary of War to establish a pension agency in the town of Decatur, in the State of Alabama, and to provide for the paying of certain pensioners in said town of Decatur,” was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Pensions.

The following bills from the House of Representatives, viz.

“An act further to extend the term of certain pensions chargeable on the privateer pension fund;” and

“An act making certain allowances and granting certain arrearages to the captains and subalterns of the United States' corps of marines;” were severally read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That they be referred to the Committee on Naval Affairs.

The following bills from the House of Representatives, viz.

“An act for the relief of Asa Hartfield, his assignee or legal representative;”

“An act granting the right of pre-emption to John Yantis;” and

“An act for the relief of George K. Jackson;” were severally read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That they be referred to the Committee on Public Lands.

The amendment to the bill from the House of Representatives, entitled “An act for the relief of Peregrine Gardner,” having been reported by the committee correctly engrossed, the bill was read the third time as amended; and

Resolved , That it pass with an amendment.

Ordered , That the Secretary request the concurrence of the House of Representatives in the amendment.

The following bills from the House of Representatives, viz

“An act for the relief of George H. Jennings;”

“An act for the relief of James H. Brewer;”

“An act for the relief of Edward Willett;”

“An act for the relief of Richard Bagnall, executor of Jas. B. Vaughan;” and

“An act for the relief of Russell Hunt, David Hunt, and Amos Hunt;” were severally read the third time; and

Resolved , That they pass.

Ordered , That the Secretary notify the House of Representatives accordingly.

The bill entitled “An act for the relief of Benjamin Sherfey;” and

The bill entitled “An act for the relief of Joseph M. Harper,” were severally considered as in Committee of the Whole; and no amendment having been proposed, they were severally reported to the Senate; and

Ordered , That they pass to a third reading.

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for removing the public money from the Bank of the United States and its branches, to certain State banks, together with the motion submitted thereupon by Mr. Clay; and,

On motion by Mr. Forsyth,

Ordered , That the further consideration thereof be postponed to Monday next.

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On motion by Mr. Poindexter,

Resolved , That when the Senate adjourns, it be to Monday next.

After the consideration of Executive business,

The Senate adjourned.

MONDAY, January 27, 1834. Link to Annals.

The Vice President communicated a letter from the Secretary of the Treasury, informing the Senate that he was unable to give the information required by the resolution of the 22d instant, “whether the Government Directors of the Bank of the United States, for the year 1833, have continued to act as directors in the year 1834.”

Mr. Frelinghuysen presented the memorial of the citizens of Newark, in New Jersey, attributing the present pecuniary distresses of the country to the removal of the public money from the Bank of the United States, and praying that the future revenues of the Government may be deposited in the said bank; and

Ordered , That it be referred to the Committee on Finance.

Mr. Poindexter presented a resolution of the Legislature of the Slate of Mississippi, instructing the Senators, and requesting the Representatives from that State in Congress, to procure the passage of an explanatory act of the several enactments in relation to the port of Natchez, and declaring that port a port of entry and delivery for all vessels of commerce; and

Ordered , That it be referred to the Committee on Commerce.

Mr. Poindexter presented two memorials from the same Legislature, praying,

1. For the aid of the General Government towards improving the navigable streams within the limits of that State; and

2. For the establishment of a road from the Seat of Government of said State, to some central point in Alabama; for a daily mail from Montgomery, in Alabama, by Erie and Jackson, directly to Vicksburgh, Mississippi, and for creating Vicksburgh and Grand Gulf ports of entry; and

Ordered , That said memorials be referred to the Committee on Roads and Canals.

Mr. Poindexter presented a resolution of the same Legislature, instructing the Senators, and requesting the representatives from that Slate in Congress to procure the passage of an act granting to the respective counties of the State such of the public lands therein as may have been in market three years, for the support of primary schools; and

He presented the memorial of the same Legislature, praying that the sixteenth sections granted for the use of schools in said State, or such parts thereof as may be defective in quality, may be exchanged; and that the townships in the late purchase from the Chickasaws may be provided with school lands elsewhere; and

Ordered , That the said resolution and memorial be referred to the Committee on Public Lauds.

Mr. Robbins presented the memorial of Doctor William Beaumont, a surgeon in the army of the United States, stating that he has made many valuable experiments, and is continuing them, upon the digestion in the human stomach, practised upon a living subject, in which he has incurred considerable expense, especially in the support of his subject; and praying that Congress may provide by an appropriation for indemnifying his expenses incurred, and for enabling him to continue and publish those experiments; and

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Ordered , That it be referred to the Committee on the Library of Congress.

Mr. Webster presented the petition of John Etheridge, clerk to the commandant of the navy yard at Washington, praying for the payment of certain arrears of his pay; and

Ordered , That it be referred to the Committee on Naval Affairs.

Mr. Silsbee presented the petition of sundry merchants of Boston, praying that provision may be made for establishing a marine seminary for nautical instruction; and

Ordered , That it be referred to the Committee on Naval Affairs.

Mr. Kane presented sundry resolutions adopted at a meeting of the citizens of Fayette county, in Illinois, held on the 27th ultimo, in relation to the location of the Cumberland road west of Vandalia; and

Ordered , That they be referred to the Committee on Roads and Canals.

Mr. Tomlinson presented the memorial of the citizens of the Fourth, Fifth, and Sixth wards of the city of Washington, praying that provision may be made for Macadamizing several streets and avenues; and

Ordered , That it be referred to the Committee on the District of Columbia.

On motion by Mr. Southard,

Ordered , That the petition on the files of the last session, of Archibald S. Campbell, be referred to the Committee on Naval Affairs.

Mr. Webster, from the managers appointed by the Senate to meet the managers on the part of the House of Representatives, in conference on the subject of the disagreeing votes of the two Houses on the second amendment of the Senate to the bill entitled “An act making appropriations, in part, for the support of Government for the year 1834,” made the following report:

That they have met the managers on the part of the House of Representatives, and have held a free conference with them upon the difference existing between the two Houses, and have the pleasure to inform the Senate that the managers of the two Houses have come to an agreement upon the matter in difference. They have agreed to recommend to their respective Houses the following amendment to the bill, viz.

Strike out all the bill from the sixteenth line of the printed bill, inclusive, and insert—

“ And be it further enacted , That, hereafter, neither the Senate nor House of Representatives shall subscribe for or purchase any book, unless an appropriation shall be made specially for that purpose; and the sum of live thousand dollars is hereby appropriated, to be paid out of any money in the Treasury not otherwise appropriated, annually, for the purchase of books for the Library of Congress, in addition to the sum of five thousand dollars heretofore usually appropriated for that purpose.

“ And be it further enacted , That all books already purchased or ordered by either House shall be paid for out of any money in the Treasury not otherwise appropriated.”

On motion by Mr. Webster,

Ordered , That the report be laid on the table, and printed.

Agreeably to notice given, Mr. Poindexter asked and obtained leave to bring in a bill for the relief of the town of Fayetteville, in the Territory of Arkansas; which was read twice by unanimous consent, and considered as in Committee of the Whole; and

0118 118

Ordered , That it be referred to the Committee on Public Lands.

Agreeably to notice given, Mr. Tipton asked and obtained leave to bring in a bill to enable the people of the eastern division of the Territory of Michigan 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, and for other purposes; which was read twice by unanimous consent, and considered as in Committee of the Whole; and,

On motion by Mr. Tipton,

Resolved , That it be referred to a select committee, to consist of five members, to consider and report thereon.

Ordered , That Mr. Tipton, Mr. Grundy, Mr. Ewing, Mr. Porter, and Mr. Naudain, be the committee.

Mr. Hendricks, from the Committee on Roads and Canals, to whom the subject was referred by a resolution of the Senate of the 6th instant, reported a bill for the continuation of the Cumberland road, in the States of Ohio, Indiana, and Illinois; which was read; and

Ordered , That it pass to a second reading.

Mr. Linn, from the Joint Committee on Enrolled Bills, reported that, on te 24th instant, they laid before the President of the United States

“An act for the relief of the heirs of widow Robert Avart;”

“An act for the relief of George Chinn;” and

“An act making appropriations for the naval service for the year 1834;” and

That they had examined, and found duly enrolled,

“An act for the relief of John Hurtell;”

“An act for the relief of George H. Jennings;”

“An act for the relief of James H. Brewer;”

“An act for the relief of Richard Bagnall, executor of Jas. B. Vaughan;”

“An act for the relief of Edward Willett;” and

“An act for the relief of Russell Hunt, David Hunt, and Amos Hunt.”

The following motion, submitted by Mr. Sprague, was considered and agreed to:

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of erecting fortifications for the defence of Penobscot bay and river, in Maine, or of causing surveys with a view to that object.

The following motion, submitted by Mr. Poindexter, was considered:

Resolved , That the Secretary of the Treasury be directed to communicate to the Senate the causes, if any, which have prevented an answer to a resolution of the Senate of the 19th day of December last, calling for certain information in relation to the public lands.

On motion by Mr. Poindexter,

Ordered , That it be laid on the table.

Agreeably to the order of the day, the Senate resumed, as in Committee of the Whole, the bill to repeal an act entitled “An act further to provide for the collection of duties on imports,” approved March 2d, 1833; and,

On motion by Mr. Calhoun,

Ordered , That it be postponed to, and made the order of the day for, the 10th of February next.

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for removing the public money from the Bank of the United States and its branches, to certain State banks, together with the motion submitted thereupon by Mr. Clay; and, after debate,

On motion by Mr. Mangum,

The Senate adjourned.

TUESDAY, January 28, 1834. Link to Annals.

The Vice President communicated a letter from the Secretary of the Treasury, transmitting, in obedience to the resolution of the Senate of the 15th instant, a copy of the official order for changing the place of deposite of the public money; of the official bond of the Treasurer of the United States; and of all drafts, cheeks, or orders issued by the Treasurer, in order to transfer the public money from the Bank of the United States to the State banks, so far as the records of his department enabled him.

The Vice President also communicated a letter from the same officer, transmitting, in obedience to the resolution of the Senate of the 22d instant, a statement of the American and foreign tonnage departing from the United States to the British North American Colonies, and to the British West Indies, during the year ending the 30th September, 1833; and the value of the exports for the same period; and

Ordered , That it be referred to the Committee on Commerce, and printed.

The Vice President communicated a letter from the Secretary of War, transmitting, in obedience to a resolution of the Senate of the 24th instant, plans and estimates for the reconstruction of the beacon on Steele's Ledge, in Penobscot bay; and

Ordered , That it be referred to the Committee on Commerce.

The Vice President also communicated a letter from the same officer, transmitting, in obedience to the resolution of the Senate of the 22d instant, an estimate of the amount that will be required to carry into effect the stipulations of the Creek treaty of the 24th of March, 1832; and

Ordered , That it be laid on the table, and printed.

Mr. Moore presented the memorial of David Brearley, late agent for removing the Creek Indians, praying for additional allowances in the settlement of his account; and

Ordered , That it be referred to the Committee on Indian Affairs.

Mr. McKean presented the memorial of sundry citizens of the State of Pennsylvania, approving the removal of the public money from the Bank of the United States to the State banks, and praying that it may be continued therein; and

Ordered , That it be referred to the Committee on Finance, and printed.

Mr. McKean presented the petition of the citizens of the towns of Franklin, Granville, Troy, Springfield, and Ridgebury, in Pennsylvania, praying for an additional post route; and

Ordered , That it be referred to the Committee on the Post Office and Post Roads.

Mr. Tipton presented the petition of sundry inhabitants of the State of Indiana, praying for an extension of the right of pre-emption to actual settlers on public lands in that State; and

Ordered , That it be laid on the table.

Mr. Tipton presented a memorial of the Legislature of the State of Indiana, praying for an appropriation to improve the harbor at the mouth of Trail creek, on Lake Michigan; and

Ordered , That it be referred to the Committee on Commerce.

Mr. Swift presented the petition of sundry citizens of Cornwall, in Vermont, praying that slavery may be abolished in the District of Columbia; and

Ordered , That it be referred to the Committee off the District of Columbia.

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Mr. Frelinghuysen, from the Committee on Manufactures, to whom a memorial on the subject was referred, reported a bill supplementary to an act entitled “An act to alter and amend the several acts imposing duties on imports,” approved July 14th, 1832; which was read; and

Ordered , That it pass to a second reading.

Mr. Tipton, from the Committee of Claims, to whom was referred the memorial of the administrator of Bolitha Laws, deceased, made a report, accompanied by a bill for his relief. The bill was read; and

Ordered , That it pass to a second reading, and that the report be printed.

Mr. Brown, from the Committee of Claims, to whom was referred the bill for the relief of Henry Waller, reported it without amendment.

Mr. Wright, from the Committee of Claims, to whom was referred the bill entitled “An act for the relief of Martha Bailey and others,” reported it with an amendment; which was read.

The following motion, submitted by Mr. Tipton, was considered and agreed to:

Resolved , That the Committee on Indian Affairs be directed to inquire into the expediency of granting relief to James Fife, a Creek Indian.

The bill to create two additional land districts in the State of Illinois, and two new land districts north of said State, in the territory now attached to Michigan, which lies between Lake Michigan and the Mississippi river, was read the second time, and considered as in Committee of the Whole; and

Ordered , That it be referred to the Committee on Public Lands.

The following engrossed bills from the House of Representatives, viz.

“An act for the relief of Benjamin Sherfey;” and

“An act for the relief of Joseph M. Harper;” were severally read the third time; and

Resolved , That they pass.

Ordered , That the Secretary notify the House of Representatives accordingly.

A message from the House of Representatives, by Mr. Franklin, their Clerk:

Mr. President: The Speaker of the House of Representatives having signed several enrolled bills, I am directed to bring them to the Senate for the signature of their President.

The Vice President signed the six enrolled bills last reported to have been examined, and they were delivered to the committee to be laid before the President of the United States.

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for removing the public money from the Bank of the United States and its branches, to certain State banks, together with the motion submitted thereon by Mr. Clay; and, after debate,

On motion by Mr. Sprague,

The Senate adjourned.

WEDNESDAY, January 29, 1834. Link to Annals.

Mr. Tipton presented sundry documents in support of the claim of James Fife, a Creek Indian; and

Ordered , That they be referred to the Committee on Indian Affairs.

Mr. Hill presented the petition of Joseph Prescott, praying for the payment 0121 121 of his claim to five years' pay as a surgeon's mate in the army of the revolution; and

Ordered , That it be referred to the Committee on Revolutionary Claims.

Mr. Brown presented the memorial of the Legislature of the State of North Carolina, praying for the extinction of the Indian claims to lands within the limits of that State; and

Ordered , That it be referred to the Committee on Indian Affairs.

Mr. Frelinghuysen presented the memorial of a number of the citizens of Newark, in New Jersey, praying that the future revenues of the Government may be deposited in the Bank of the United States; and

Ordered , That it be referred to the Committee on Finance.

Mr. Wilkins presented two petitions from sundry citizens of the State of Pennsylvania, praying that slavery may be abolished in the District of Columbia; and

Ordered , That they be referred to the Committee on the District of Columbia.

Mr. Wilkins presented the memorial of a large number of the citizens of Pittsburgh, in Pennsylvania, praying that the public money may be restored to the Bank of the United States; and,

On motion by Mr. Webster,

Ordered , That it be laid on the table, and printed.

Mr. Linn presented the memorial of sundry citizens of Missouri, praying for an appropriation to improve the navigation of the river St. Francois; and

Ordered , That it be referred to the Committee on Roads and Canals.

On motion by Mr. Bell,

Ordered , That the Committee of Claims be discharged from the consideration of the petition of George M. Grouard.

Mr. Bell, from the Committee of Claims, to whom was referred the petition of John Watson, made a report, accompanied by the following resolution:

Resolved , That the petitioner is not entitled to relief.

Ordered , That the report be printed.

Agreeably to notice given, Mr. Tipton asked and obtained leave to bring in a bill to enable the people of Arkansas Territory to form a constitution and State Government, and for the admission of such State into the Union upon an equal footing with the original States; which was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the select committee appointed on the bill for-the admission of a part of the Territory of Michigan into the Union as a State.

The following motion, submitted by Mr. Tallmadge, was considered and agreed to:

Resolved , That the Committee on the Judiciary be instructed to inquire into the expediency of declaring, by law, the effect of liens of judgments obtained in the courts of the United States, and of limiting such liens to the same extent as judgments in the supreme or superior courts of the several States.

On motion by Mr. Webster,

The bill to authorize Gazaway B. Lamar to import an iron steamboat, detached parts, with the necessary machinery, tools, and working utensils therefor, into the United States, free from duty, and to provide for the remission of the same, was read the second time, and considered as in Committee 16 0122 122 of the Whole; and no amendment having been proposed, it was reported to the Senate; and

Ordered , That it be engrossed, and read a third time.

The Senate resumed, as in Committee of the Whole, the bill entitled “An act for the relief of John Bills,” together with the amendment reported thereto by the Committee on Private Lands Claims; and the amendment having been agreed to, the bill was reported to the Senate; and the amendment being concurred in,

Ordered , That it be engrossed, and the bill read a third time as amended.

The Senate resumed, as in Committee of the Whole, the bill entitled “An act for the relief of Archibald Small;” and no amendment having been proposed, it was reported to the Senate; and

Ordered , That it pass to a third reading.

The Senate resumed, as in Committee of the Whole, the bill to aid in the construction of certain roads in the Territory of Michigan, together with the amendment reported thereto by the Committee on Roads and Canals; and the said amendment having been agreed to, the bill was reported to the Senate; and the amendment being concurred in,

Ordered , That the bill be engrossed, and read a third time.

The Senate resumed, as in Committee of the Whole, the bill for the relief of Calvin Smith, of the State of Mississippi; and no amendment having been proposed, it was reported to the Senate; and

Ordered , That it be engrossed, and read a third time.

The bill for the relief of the legal representatives of Thomas H. Boyles, deceased; and

The bill for the relief of the legal representatives of Laurence Milligan, deceased; were severally read the second time, and considered as in Committee of the Whole; and no amendment having been proposed, they were reported to the Senate; and

Ordered , That they be respectively engrossed, and read a third time.

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for removing the public money from the Bank of the United States and its branches, to certain State banks, together with the motion submitted by Mr. Clay thereon; and, after debate,

On motion by Mr. Grundy,

The Senate adjourned.

THURSDAY, January 30, 1834. Link to Annals.

The Vice President communicated a letter from the Secretary of the Treasury, transmitting, in obedience to a resolution of the Senate of the 19th ultimo, statements showing the amount of public lands which have been surveyed, offered for sale, and sold, with the net proceeds, since their cession to the United States; the amount which has been patented in bounties to the army during the late war; the amount granted to each State and Territory; the amount set apart for the support of schools; the amount granted in donations for the cultivation of the vine and olive, to La Fayette, and for other purposes; and

Ordered , That it be referred to the Committee on Public Lands, and printed.

Mr. Wright presented sundry resolutions of the Legislature of the State 0123 123 of New York, approving the removal of the public money from the Bank of the United States, the President's communication to his cabinet in September last on the necessity of the removal, and the reasons of the Secretary of the Treasury therefor; declaring that the Bank of the United States ought not to be rechartered, and directing the Senators, and requesting the Representatives from that State in Congress to oppose any attempt to restore the public money to said bank; and,

On motion by Mr. Grundy,

Ordered , That they be laid on the table.

Mr. Kane, from the Committee on Private Land Claims, to whom was referred the bill entitled “An act for the relief of the heirs and legal representatives of Frances Barham, deceased, and her husband, Fielding Barham,” reported it without amendment.

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for removing the public money from the Bank of the United States and its branches, to certain State banks, together with the motion submitted thereupon by Mr. Clay; and, after debate,

On motion by Mr. Brown,

The Senate adjourned.

FRIDAY, January 31, 1834. Link to Annals.

The Vice President communicated a letter from the Secretary of the Navy, transmitting a statement of the naval appropriations for the last year, showing the amount appropriated under each specific head of appropriation; the amount expended under each, and the balances which remained unexpended on the 31st of December, 1833; prepared in obedience to the 2d section of the act of the 1st of May, 1820, “in addition to the several acts for the establishment and regulation of the Treasury, War, and Navy Departments.”

The Vice President also communicated a memorial of a general convention of delegates held at Jonesville, in Michigan, on the 6th instant, praying that a survey may be ordered of the most eligible route for a railroad across the peninsula of Michigan, between the waters of Lakes Erie and Michigan; and that an adequate appropriation, either in land or money, may be made for constructing such road; and

Ordered , That it be referred to the Committee on Roads and Canals.

On motion by Mr. Webster,

The Senate resumed the consideration of the resolutions of the Legislature of the State of New York on the subject of removing the public money from the Bank of the United States; and,

On motion by Mr. Wright,

Ordered , That they be laid on the table.

On motion by Mr. Frelinghuysen,

Resolved , That when the Senate adjourns, it be to Monday next.

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for removing the public money from the Bank of the United States and its branches, to certain State banks, together with the motion submitted thereupon by Mr. Clay; and, after debate,

On motion by Mr. Frelinghuysen,

The Senate adjourned.

MONDAY, February 3, 1834. Link to Annals.

The Vice President communicated a letter from the Secretary of the Treasury, transmitting, in obedience to the act “to regulate and fix the compensation of the clerks in the different offices,” a list of the clerks employed in the Treasury Department during the last year, with the sums paid to each.

A message from the House of Representatives by Mr. Franklin, their Clerk:

Mr. President: The President of the United States, on the 24th ultimo, approved and signed

“An act for the relief of George Chinn;”

“An act making appropriations for the naval service for the year 1834;” and

“An act for the relief of the heirs of widow Robert Avart.”

The House of Representatives have passed “An act making appropriations for the revolutionary and other pensioners of the United States for the year 1834,” in which they request the concurrence of the Senate.

The Vice President communicated a memorial from the Legislature of the Territory of Michigan, praying that appropriations may be made for improving the navigation over the fiats at the mouth of St. Clair river, and for removing the bar at the mouth of Clinton river; and,

Ordered , That it be referred to the Committee on Commerce.

Mr. Shepley presented sundry resolutions adopted at a meeting of a large number of the citizens of Portland, in Maine, on the 23d ultimo, attributing the pecuniary embarrassments of the country to the removal of the public money from the Bank of the United States, and to the shortening of the credits on revenue bonds, the cash duties on woollens, and the excessive importations of the last year, and in favor of restoring said money to said bank; and

He presented sundry resolutions of the Legislature of the State of Maine, approving the removal of the public money from the Bank of the United States, and against rechartering said bank; and instructing the Senators, and requesting the Representatives from that State in Congress to oppose the restoration of said money and the renewal of the charter of said bank; and

Ordered , That they be referred to the Committee on Finance, and printed.

Mr. McKean presented the memorial of a large number of the citizens of Pittsburgh, in Pennsylvania, praying that the public money may be restored to the Bank of the United States.

Mr. Wilkins presented several memorials from the citizens of Pittsburgh, in Pennsylvania, opposed to the object of the last mentioned memorial.

Ordered , That said memorials from the citizens of Pittsburgh be referred to the Committee on Finance, and printed.

Mr. Wilkins presented the petition of sundry citizens of the State of Pennsylvania, praying that the public money may not be restored to the Bank of the United States, and that the charter of said bank may not be renewed; and

Ordered , That it be referred to the Committee on Finance.

Mr. Wilkins presented the petition of the heirs of Andrew Gardner, deceased, praying that the claims of their ancestor for his revolutionary services as a captain may be paid.

Mr. Tyler presented the petition of the heirs of John Harris, deceased, 0125 125 praying for the payment of the claim of the deceased to five years' pay as a captain in the navy during the war of the revolution.

Ordered , That the two petitions last mentioned be referred to the Committee on Revolutionary Claims.

Mr. Tyler presented the memorial of the widow of Rowland Clapp, deceased, praying for the payment of the claim of the deceased as sub-contractor under Farrow and Harris, who were contractors for erecting fortifications on Dauphin island; and

Ordered , That it be referred to the Committee of Claims.

Mr. Poindexter, from the Committee on Public Lands, to whom the subject was referred by a resolution of the Senate of the 24th of January last, reported a bill to remove the office of the surveyor general of the public lands in Ohio, Indiana, and the Michigan Territory; which was read; and

Ordered , That it pass to a second reading.

Mr. Poindexter, from the same committee, to whom was referred the bill entitled “An act for the relief of George K. Jackson,” reported it without amendment.

The following motions, submitted by Mr. Poindexter, were considered:

Resolved , That the resolutions of the Legislature of New York, presented to the Senate, be referred to the Committee of Finance, to which has been referred sundry other petitions, memorials, and resolutions, on the subject of the removal of the public deposites from the Bank of the United States, and placing them in certain State banks, by the orders of the President of the United States.

Resolved , That said committee be instructed to inquire into the present condition of the currency of the United States, and the effects of said removal of the deposites on the same.

Resolved , That said committee be instructed to inquire into the facts and circumstances which are alleged to have rendered said removal of the deposites necessary and proper at the time the order was given for that purpose; and, also, into the legal and constitutional power of the President of the United States to direct and control the Secretary of the Treasury in the performance of special duties confided to the discretion of that officer by law, as connected with the power of appointment and removal of the heads of the several departments of the Government.

Resolved , That the said committee be further instructed to inquire into the present distress and embarrassments of the mercantile community, and the pressure experienced throughout the country by the sudden depression in the prices of agricultural products, and every branch of industry; and, also, into the causes which have produced these results, and the means, if any, by which they may be averted.

Resolved , That the said committee be authorized, in the inquiries aforesaid, to send for such persons and papers as they may deem necessary to the investigation of the matters referred to them by the preceding resolutions.

On motion by Mr. Clay,

Ordered , That they be laid on the table.

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for removing the public money from the Bank of the United States and its branches, to certain State banks, together with the motion submitted thereupon by Mr. Clay; and, after debate,

On motion by Mr. Wilkins,

The Senate adjourned.

TUESDAY, February 4, 1834. Link to Annals.

The following written message was received from the President of the United States by Mr. Donelson, his Secretary:

To the Senate and House of Representatives:

I deem it my duty co communicate to Congress the recent conduct of the Bank of the United States in refusing to deliver the books, papers, and funds in its possession, relating to the execution of the act of Congress of June 7, 1832, entitled “An act supplementary to the act ‘for the relief of certain surviving officers and soldiers of the revolution.’” The correspondence reported by the Secretary of War, and herewith transmitted, will show the grounds assumed by the bank to justify its refusal to make the transfer directed by the War Department. It does not profess to claim the privilege of this agency as a right secured to it by contract, nor as a benefit conferred by the Government, but as a burden from which it is willing to be relieved. It places its refusal upon the extraordinary ground that the corporation has a right to sit in judgment upon the legality of the acts of the constituted authorities in a matter in which the stockholders are admitted to have no interest; and it impedes and defeats, as far as its power will permit, the execution of a measure of the administration, because the opinion of the corporation upon the construction of an act of Congress differs from that of the proper officers of the United States.

The claim of this corporation thus to usurp the functions of the judicial power, and to prescribe to the Executive department the manner in which it shall execute the trust confided to it by law, is without example in the history of our country. If the acts of the public servants, who are responsible to the people for the manner in which they execute their duty, may thus be checked and controlled by an irresponsible money corporation, then, indeed, the whole frame of our Government is changed, and we have established a power in the Bank of the United States above what we derive from the people.

It will be seen, from the accompanying statement marked A, that, according to the latest accounts received at the War Department, the Bank of the United States and its branches have in their possession near half a million of the public money, received by them under the law of 1832, which they have not yet accounted for, and which they refuse to pay over to the proper agents for the use of those persons for whose benefit it was withdrawn from the Treasury. It is to be regretted that this attempt, on the part of the bank, to guide and direct the Executive upon the construction and execution of an act of Congress, should have been put forward, and insisted on, in a case where the immediate sufferers from their conduct will be the surviving veterans of the revolutionary war: for this evil falls exclusively upon the gallant defenders of their country, and delays and embarrasses the payment of the debt which the gratitude of the nation has awarded to them, and which, in many instances, is necessary for their subsistence and comfort in their declining years.

The character of the claim set up by the bank, and the interest of the parties to be immediately affected by it, make it my duly to submit the whole subject to the consideration of Congress; and I leave it to their wisdom to adopt such measures as the honor of the Government, and the just claims of the individuals injured by the proceedings, may be deemed to require,

0127 127

Having called for the opinion of the Attorney General upon this occasion, with a view to a thorough investigation of the question which has thus been presented for my consideration, I enclose a copy of the report of that officer, and add my entire concurrence in the views he has taken.

ANDREW JACKSON.

February 4, 1834.

The message was read; and,

On motion by Mr. Clay,

Ordered , That it be referred to the Committee on the Judiciary, and printed.

Mr. Sprague presented the petition of Peter H. Green, late a contractor for the supply of rations to the troops of the United States, praying for an equitable settlement of his accounts; and

Ordered , That it be referred to the Committee of Claims.

Mr. Tallmadge presented the petition of the representatives of the late Major General Lord Sterling, of the revolutionary army, praying that the claims of the deceased for arrears of pay, and losses sustained, may be paid; and

Ordered , That it be referred to the Committee on Revolutionary Claims.

Mr. Morris presented the petition of the citizens of Clermont county, in Ohio, praying for a post road from New Richmond to Batavia; and

Ordered , That it be referred to the Committee on the Post Office and Past Roads.

Mr. Wright presented the memorial of about six thousand of the merchants and other citizens of the city of New York, ascribing the existing pecuniary distresses of the country to the change which has taken place in the relations between the Government and the Bank of the United States, and praying that either the charter of the present bank be renewed, or another be substituted, under certain restrictions, to take effect upon the expiration of the present charter; and

Ordered , That it be referred to the Committee on Finance, and printed.

Mr. Smith presented the petition of George Spalding and Jno. T. Collis, manufacturers at Middletown, Connecticut, praying for a remission of a part of the duty which has accrued on the importation of a quantity of silk thread for the purpose of being manufactured into webbing; and

Ordered , That it be referred to the Committee on Finance.

On motion by Mr. Sprague,

Ordered , That die petition on the files of the last session, of James McFarland, be referred to the Committee on Pensions.

Mr. Hendricks, from the Committee on the Militia, to whom was referred the bill for the relief of Charles J. Hand, reported it without amendment.

Mr. Frelinghuysen, from the Committee on Manufactures, to whom the subject was referred by a resolution of the Senate of the 22d ultimo, reported a bill concerning the duties on lead; which was read; and

Ordered , That it pass to a second reading.

Mr. Silsbee, from the Committee on Commerce, to whom the subject was referred by a resolution of the Senate of the 22d ultimo, reported a bill to amend an act entitled “An act to annex a part of the State of New Jersey to the collection district of New York; to remove the office of collector of Niagara to Lewistown; to make Cape St. Vincent, in the district of Sackett's Harbor, a port of delivery; and out of the districts of Miami and Mississippi, 0128 128 to make two new districts, to be called the districts of Sandusky and Teche, and for other purposes;” which was read; and

Ordered , That it pass to a second reading.

Mr. Linn, from, the Committee on Private Land Claims, to whom the petition of Rufus Easton was referred, reported a bill confirming to Gilbert Hodges, his heirs or legal representatives; and to Henry Masters, his heirs or legal representatives, certain lands in the State of Missouri; which was read; and

Ordered , That it pass to a second reading.

Mr. Poindexter, from the Committee on Public Lands, to whom had been referred

“An act granting the right of preemption to John Yantis;” and

“An act for the relief of Asa Hartfield, his assignee or legal representative;” reported them severally without amendment.

The Senate resumed the consideration of the report of the Secretary of the Treasury, with his reasons for removing the public money from the Bank of the United States and its branches, to certain State banks, together with the resolutions submitted thereupon by Mr. Clay, on the 26th of December last; and,

On motion by Mr. Webster,

Ordered , That the report and second resolution be referred to the Committee on Finance.

On motion by Mr. Poindexter,

Ordered , That the first of said resolutions be postponed to, and made the order of the day for, to-morrow.

On motion by Mr. Poindexter,

The Senate resumed the consideration of the motions submitted by him yesterday, and they were modified to read as follows:

1. Resolved , That she Committee on Finance be instructed to inquire into the present condition of the currency of the United States, and the effects of the removal of the deposites on the same.

2. Resolved , That said committee be instructed to inquire into the facts and circumstances which are alleged to have rendered said removal of the deposites necessary and proper, at the time the order was given for that purpose.

3. Resolved , That the said committee be further instructed to inquire into the present distress and embarrassments of the mercantile community, and the pressure experienced throughout the country, by the sudden depression in the prices of agricultural products, and every branch of industry; and, also, into the causes which have produced these results, and the means, if any, by which they may be averted.

4. Resolved , That said committee be authorized, in the inquiries aforesaid, to send for such persons and papers as they may deem necessary to the investigation of the matters referred to them by the preceding resolutions.

The first resolution was then agreed to.

On motion by Mr. Calhoun,

Ordered , That the second resolution be laid on the table.

On motion by Mr. Morris,

Ordered , That the third and fourth resolutions be laid on the table.

The bill to authorize Gazaway B. Lemur to import an iron steamboat, in detached parts, with the necessary machinery, tools, and working utensils 0129 129 therefor, into the United States, free from duty, and to provide for the remission of the same, having been reported by the committee correctly engrossed, was read the third time; and

Resolved , That it pass, and that its title be as aforesaid.

Ordered , That the Secretary request the concurrence of the House of Representatives in said bill.

The Senate then adjourned.

WEDNESDAY, February 5, 1834. Link to Annals.

On motion by Mr. Poindexter, one of the majority,

The vote of yesterday, on the adoption of his first resolution, was reconsidered; and,

On motion by Mr. Poindexter,

Ordered , That the said resolution be laid on the table.

A message from the House of Representatives by Mr. Franklin, their Clerk:

Mr. President: The House of Representatives have passed the bill from the Senate, entitled “An act further to continue in force ‘An act to authorize the extension, construction, and use of a lateral branch of the Baltimore and Ohio railroad into and within the District of Columbia;” and

They have passed bills of the following titles, in which they request the concurrence of the Senate, viz.

“An act for the relief of the widow and children of George Ludlum, deceased;”

“An act for the relief of Elijah Lincoln;”

“An act for the relief of the heirs of Thomas Wallace, deceased;”

“An act granting further relief to Joel Byington;”

“An act for the relief of the heirs at law of Richard Livingston, a Canadian refugee, deceased;”

“An act for the relief of Lieut. Robert Willmott;”

“An act for the relief of Ephraim Whitaker;”

“An act for the relief of Maria Mallam Brooks; and the other heirs at law of Daniel Niel, deceased;”

“An act for the relief of Asel Wilkinson;”

“An act for the relief of Daniel Page;”

“An act for the relief of Laurentius M. Eiler;”

“An act granting pensions to several persons therein named;”

“An act for the relief of the legal representatives of Captain James Craine;”

“An act for the relief of the administrators of Michael Gratz;”

“An act for the relief of Joseph Guedry and others;”

“An act for the relief of Wyatt Singleton and James Andrews;”

“An act for the relief of Asher Morgan and others;”

“An act for the relief of John McClenahan;”

“An act for the relief of Richard Nance;”

“An act for the relief of John Polhemus;”

“An act for the relief of the legal representatives of Benjamin Bird and Grove Pomeroy;”

“An act for the relief of the legal representatives of Amasa Loper;”

“An act for the relief of the legal representatives of Joseph Torrey, deceased;” 17

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“An act for the relief of the legal representatives of Lucy Bond, Hannah Douglass, Elizabeth Goodwin, and Temperance Holmes;”

“An act for the relief of Margaret Riker;”

“An act for the relief of Benjamin Jacobs, of Samuel Bayard, surviving executor of John Bayard, deceased, and of the executors of Joseph Falconer, deceased;”

“An act for the relief of the representatives of Samuel Gibbs;”

“An act for the relief of the heirs of James Bell, deceased;”

“An act for the relief of the legal representatives of Doctor William Johonnot, deceased;”

“An act confirming the title of Samuel Vail, in a certain tract of land in the parish of East Baton Rouge, Louisiana;” and

“An act to incorporate the Columbian Horticultural Society.”

Mr. Webster, from the Committee on Finance, to whom had been referred the report of the Secretary of the Treasury, received on the 4th of December last, on the removal of the public money from the Bank of the United States, and the second resolution submitted thereupon by Mr. Clay, on the 26th of the same month, made a report, accompanied by the following resolution:

Resolved , That the reasons assigned by the Secretary of the Treasury for the removal of the money of the United States deposited in the Bank of the United States and its branches, communicated to Congress on the 4th day of December, 1833, are unsatisfactory and insufficient.

On motion by Mr. Webster,

Ordered , That the preceding report be made the special order of the day for this day, in connection with the first resolution submitted by Mr. Clay on the 26th of December last, on the report of the Secretary of the Treasury on the removal of the public deposites.

On motion by Mr. Webster,

Ordered , That the preceding report of the Committee on Finance be printed.

On motion by Mr. Chambers,

Ordered , That 6,000 additional copies thereof be sent to the Senate.

The Senate then adjourned.

THURSDAY, February 6, 1834. Link to Annals.

The Vice President communicated a letter from the Secretary of the Treasury, transmitting, in further compliance with the resolution of the Senate of the 11th of December last, copies of the charters of the Bank of Burlington, Vermont; Bank of America, New York; Union Bank at New Orleans; and the Farmers and Mechanics' Bank of Hartford, Connecticut; and a list of the stockholders at the periods required by said resolution, of the Mechanics' Bank, New York; of the Manhattan Company, New York; the Union Bank of New Orleans; the Union Bank of Tennessee; the Louisville Bank of Kentucky; the Farmers and Mechanics' Bank of Hartford, Connecticut; the Planters' Bank of Georgia; the Bank of Burlington, Vermont; and the Franklin Bank of Cincinnati, accompanied by statements of the current market value of the stocks of said banks, respectively; and also a statement of the value of the stock of the Merchants' Bank of Boston, and the Bank of America, New York; and

Ordered , That it be printed.

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The Vice President also communicated a letter from the Secretary of War, transmitting, in obedience to the 1st section of the act of the 2d of March, 1803, “in addition to the act ‘more effectually to provide for the national defence, by establishing an uniform militia throughout the United States,”’abstracts of the general returns of the militia of the United States, and of their arms, accoutrements, and ammunition, for the year 1833.

The Vice President communicated a letter from the Postmaster General, in answer to a resolution of the Senate of the 9th ultimo, showing the number of the failures which have occurred during the last year, in carrying the mail between Washington and New Orleans, by the southern route; the names of the contractors, and the number and amount of forfeitures enforced against them for such failures; and

Ordered , That it be referred to the Committee on the Post Office and Post Roads, and printed.

Mr. Waggaman presented the memorial of the Commercial Bank of New Orleans, praying to be authorized to import, free from duty, all the iron pipes and branches that may be required in the construction of the works for supplying the city of New Orleans with water; and

Ordered , That it be referred to the Committee on Finance.

Mr. Waggaman presented the memorial of the Pontchartrain Railroad Company of Louisiana, praying that an appropriation may be made for improving the harbor of the port of Pontchartrain, and for building a lighthouse; and

He presented a resolution of the Legislature of the State of Louisiana, instructing the Senators, and requesting the Representatives from that State in Congress to endeavor to procure from Congress an appropriation for the prosecution and completion of the opening of the raft, and removing other obstructions in the Red river; and

Ordered , That said petition and resolution be referred to the Committee on Roads and Canals.

Mr. Clayton presented the memorial of Willard Hall, praying for a change of the times of holding the courts of the United States for the district of Delaware; and

Ordered , That it be referred to the Committee on the Judiciary.

Mr. Clayton presented the petition of sundry citizens of the State of Delaware, praying for the construction of a pier or wharf in connection with the Delaware breakwater.

Mr. Wright presented the memorial of a number of the merchants of the city of New York, praying that the “warehouse system” may be established by Congress.

Ordered , That the petition and memorial last mentioned be referred to the Committee on Commerce.

Mr. Poindexter presented the petition of James Vernon, praying to be indemnified for losses sustained by the capture and destruction of Fort Mims by the Indians, in 1813; and

Ordered , That it be referred to the Committee on Indian Affairs.

Mr. Swift presented the memorial of Henry Chipman and William Woodbridge, late judges of the Michigan Territory, praying for the payment of their claims for extra services rendered; and

Ordered , That it be referred to the select committee appointed on the bill for the admission of a part of said Territory into the Union as a State.

On motion by Mr. Tyler,

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Ordered , That the heirs of Alexander Dick, deceased, have leave to withdraw their petition and papers.

The Vice President communicated the proceedings of the Board of Commissioners of the township of Moyamensing, in Pennsylvania, of the 3d instant, declaring the existence, in that community, of an unexampled distress, attributable to the removal of the public money from the Bank of the United States, and in favor of its immediate restoration, and of the rechartering of the said bank, with the necessary modifications; and

Ordered , That they be referred to the Committee on Finance, and printed.

Mr. Linn presented the petition of Christopher Casey, praying for a pension; and

Ordered , That it be referred to the Committee on Pensions.

Mr. Wright presented six petitions from sundry citizens of New York, who have lost property by French spoliations prior to 1800, praying for relief; and

Ordered , That they be laid on the table.

Mr. Webster presented the petition of Isaiah Rogers and Richard Bond, architects of Boston, praying to be paid for plans, drawings, and specifications for the contemplated custom-house at New York, prepared by them and sent to the Treasury Department in 1833, where they were burnt; and

Ordered , That it be referred to the Committee of Claims.

Mr. Tomlinson presented the petition of Walter Loomis and Abel Gay, praying for an equitable settlement of their account for services rendered in constructing a part of the Cumberland road; and

Ordered , That it be referred to the Committee on Roads and Canals.

Mr. Moore presented a letter and statement from the Treasury Department, showing the amount of commutation of each grade of officers of the revolutionary army, and the amount of interest allowed in each case; and

Ordered , That they be printed.

Mr. Clay presented the memorial of the officers of the military academy at West Point, in New York, remonstrating against the passage of a bill pending in the House of Representatives “to provide for the support of the widows and orphans of such officers of the army as may die while in the service of the United States;” and

Ordered , That it be referred to the Committee on Military Affairs, and printed.

Mr. Shepley presented the petition of Aaron Baldwin, praying that the discriminating duties paid on the brig Despatch and cargo may be refunded; and

Ordered , That it be referred to the Committee on Finance.

Mr. Black presented the memorial of the Legislature of the State of Mississippi, praying that the land office at Clinton may be removed to Jackson, in that State; and

Ordered , That it be referred to the Committee on Public Lands.

Mr. Black presented the petition of Red Pepper, a Cherokee Indian, praying for the recognition of his claims to land under the treaty of Dancing Rabbit Creek; and

Ordered , That it be referred to the Committee on Private Land Claims.

Mr. Tipton presented the petition of sundry inhabitants of Indiana, praying for an additional mail route; and

Ordered , That it be referred to the Committee on the Post Office and Post Roads.

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On motion by Mr. Wright,

Ordered , That he have leave to withdraw, from the files of the first session of the last Congress, the petition of the inhabitants of Suffolk county, New York, relative to Drown Meadow bay and Setauket harbor.

On motion by Mr. King, of Alabama,

Ordered , That Andrew Henshaw have leave to withdraw his petition and papers.

Agreeably to notice given, Mr. Kane asked and obtained leave to bring in a bill establishing the territorial government of Wisconsin; which was read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That it be referred to the select committee appointed on the bill to admit a part of the Territory of Michigan into the Union as a State.

Mr. Southard, from the Committee on Naval Affairs, to whom was referred the petition of Lieut. Archibald S. Campbell, reported a bill for his relief; which was read; and

Ordered , That it pass to a second reading.

Mr. Southard, from the same committee, to whom was referred the petition of Wolcott Chauncey, reported a bill for his relief; which was read; and

Ordered , That it pass to a second reading.

Mr. Southard, from the same committee, reported a bill for the better organization of the United States' marine corps; which was read; and

Ordered , That it pass to a second reading.

Mr. Clayton, from the Committee on the Judiciary, to whom was referred a petition of Willard Hall on the subject, reported a bill to change the times for commencing the sessions of the courts of the United States in the district of Delaware; which was read; and

Ordered , That it pass to a second reading.

Mr. Poindexter, from the Committee on Public Lands, to whom was referred the bill for the relief of the town of Fayetteville, in the Territory of Arkansas, reported it without amendment.

Mr. Southard, from the Committee on Naval Affairs, to whom was referred the bill entitled “An act for the relief of the legal representatives of Joseph Rowe, deceased,” reported it without amendment.

On motion by Mr. Southard,

Ordered , That the Committee on Naval Affairs be discharged from the consideration of the petitions of Samuel Grice; of the clerks of the navy yard at Charlestown, Massachusetts; of John Etheridge; and of certain merchants of Boston, in favor of a marine seminary for nautical instruction, and that the last be referred to the Committee on Commerce.

On motion by Mr. Robbins,

Ordered , That the Committee on Naval Affairs be discharged from the consideration of the letter from Benjamin Phillips, relative to his discoveries in the steam engine.

Mr. Linn from the Committee on Enrolled Bills, reported that they yesterday laid before the President of the United States the sixth enrolled bill last reported to have been examined and signed; and

That they had examined and found duly enrolled

“An act for the relief of Joseph M. Harper;”

“An act for the relief of Benjamin Sherfey;” and

“An act further to continue in force ‘An act to authorize the extension, construction, and use of a lateral branch of the Baltimore and Ohio railroad into and within the District of Columbia.”’

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A message from the House of Representatives by Mr. Franklin, their Clerk:

Mr. President: The Speaker of the House of Representatives having signed several enrolled bills, I am directed to bring them to the Senate for the signature of their President.

The Vine President signed the three enrolled bills last reported to have been examined, and they were delivered to the Committee to be laid before the President of the United States.

The following motion, submitted by Mr. Poindexter, was considered:

Resolved , That the President be requested to cause to be laid before the Senate a copy of any correspondence, if any shall have taken place between the War Department or any officer attached to it, and the Bank of the United States, in respect to the agency of the said bank under the act of 7th June, 1832, or any other act of Congress, in the payment of pensioners; and,

On motion by Mr. Poindexter,

Ordered , That it be laid on the table.

The following motion, submitted by Mr. Chambers, was considered and agreed to:

Resolved , That the Secretary of the Treasury be instructed to report to the Senate the weekly accounts of the several State banks selected by him as the depositories of the public money, from 1st December, 1833, to 1st February, 1834, or to the last returns made to him; setting forth the amount, at the end of each week, of the public money in each of said banks, of debts due to them, of notes in circulation, and of specie in their vaults.

The following motion, submitted by Mr. Hendricks, was considered and agreed to:

Resolved , That the Committee on the Post Office and Post Roads be instructed to inquire into the expediency of establishing a post route from Burlington, Kentucky, by way of Rising Sun, to Versailes, in Indiana.

The following motion, submitted by Mr. McKean, was considered and agreed to:

Resolved , That the Committee on Pensions be instructed to inquire into the expediency of granting relief to Anna Cory, the widow of Ebenezer Cory, a revolutionary soldier.

The following motion, submitted by Mr. Bell, was considered and agreed to:

Resolved , That the Secretary of the Senate be authorized to purchase thirty copies of the Legislative and Documentary History of the Bank of the United States, whereof one copy shall be distributed to the President of the Senate, and one copy to each member of the Senate who has not received a copy thereof, under a resolution of the Senate of March 13, A. D. 1832, and the residue retained for the library of the Senate: provided that the price of said work shall not exceed the sum of five dollars.

The following motion, submitted by Mr. Robinson, was considered and agreed to:

Resolved , That the Committee on Public Lands be instructed to inquire into the expediency of appointing a surveyor general, whose duties shall be exclusively confined within the State of Illinois; and also into the condition of the offices of the surveyors general in the respective States and Territories, and the necessity of further legislative provisions in respect to them.

The Senate proceeded to consider the report of the Committee of Claims, on the petition of John Watson; and,

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On motion by Mr. Smith,

Ordered , That it be laid on the table.

The following bills from the House of Representatives, viz.

“An act making appropriations for the revolutionary and other pensioners of the United States for the year 1834;”

“An act for the relief of the widow and children of George Ludlum, deceased;” and

“An act for the relief of Elijah Lincoln;” were severally read twice by unanimous consent, and considered as in Committee of the Whole; and

Ordered , That the first be referred to the Committee on Finance, and that the second and third be referred to the Committee on Private Land Claims.

Agreeably to the order of the day, the Senate proceeded to consider the report of the Committee on Finance, on the report of the Secretary of the Treasury, on the removal of the public money from the Bank of the United States, together with the first resolution submitted by Mr. Clay on the latter report; and, after debate,

On motion by Mr. Wright,

The Senate adjourned.

FRIDAY, February 7, 1834. Link to Annals.

The Vice President communicated a report of the Commissioners of the Sinking Fund, showing the measures which have been authorized by the board subsequently to the last report of the 7th of February, 1833.

Mr. Wright presented the petition of the clerks in the navy yard at Brooklyn, New York, praying to he allowed additional compensation for their services; and

Ordered , That it be referred to the Committee on Naval Affairs.

Mr. Tallmadge presented the resolutions and memorial of the mechanics, manufacturers, and laboring men of the second ward of the city of New York, attributing the present pecuniary distresses of the country to the removal of the public money from the Bank of the United States, and praying for its restoration; and

Ordered , That they be referred to the Committee on Finance, and printed.

Mr. Poindexter, from the Committee on Public Lands, to whom the subject had been referred by a resolution of the Senate of the 22d January last, reported a bill granting to General Philemon Thomas, of Louisiana, a tract of land, in consideration of the military services rendered by him in taking possession of that portion of West Florida included in the district of Baton Rouge; which was read; and

Ordered , That it pass to a second reading.

Mr. Poindexter, from the same committee, to whom was referred the bill to enable South Hanover College to establish an asylum for teaching the deaf and dumb, reported it with an amendment; which was read.

Mr. Poindexter, from the same committee, to whom was referred the bill entitled “An act to grant to the State of Ohio certain lands for the support of schools in the Connecticut Western Reserve,” reported it without amendment.

On motion by Mr. Wright,

Ordered , That the resolutions presented by him on the 30th ultimo, from the Legislature of the State of New York, be referred to the Committee on Finance, and printed.

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Mr. Grundy, from the Committee on the Post Office and Post Roads, to whom was recommitted the bill for the relief of John Chandler and William Johnson, reported it with an amendment; which was read.

A message from the House of Representatives by Mr. Franklin, their Clerk:

Mr. President: The House of Representatives have receded from their disagreement to the second amendment of the Senate to the bill entitled “An act making appropriations, in part, for the support of Government for the year 1834;” and

They have passed bills of the following titles, in which they request the concurrence of the Senate, viz.

“An act granting pensions to certain persons therein named;”

“An act for the relief of James B. Folsom;”

“An act for the relief of J. Baptiste Jeansonne and Joseph Pierre Petre;”

“An act for the relief of George Elliott;”

“An act for the relief of James L. Stokes, and for other purposes;”

“An act for the relief of the heirs and legal representatives of John Taylor, deceased;”

“An act for the relief of Amos W. Brown;”

“An act for the relief of John Winslett;”

“An act for the relief of the legal representatives of Christian Ish, deceased;”

“An act for the relief of Robert Reynolds;”

“An act for the relief of Atwater and Dagget, and others, owners of the brig Hannah;”

“An act for the relief of John Allen;” and

“An act to refund the extra tonnage duty paid on the brig Liberator.”

On motion by Mr. Chambers,

Resolved , That when the Senate adjourns, it be to Monday next.

On motion by Mr. Clay,

The Senate resumed the consideration of the motion submitted by him on the 14th ultimo, for an inquiry into the expediency of prolonging the payment of revenue bonds, together with the amendment proposed thereto by Mr. Forsyth; and, after debate,

On motion by Mr. Mangum,

The Senate adjourned.

MONDAY, February 10, 1834. Link to Annals.

Mr. Moore presented three memorials from the Legislature of the State of Alabama, praying,

1. For the establishment of pension agencies at the town of Decatur, at Tuscaloosa, and at Montgomery.

2. That the funds for paying pensioners may be deposited in the Branch Bank of the State of Alabama, at Decatur, at the Bank of the State at Tuscaloosa, and at the branch of said bank at Montgomery; and

3. For an exchange of the sixteenth sections granted in each township of the public land in that State for the use of schools, or such parts thereof as may be barren and unproductive; and

Ordered , That the two first be referred to the Committee on Pensions, and that the last be laid on the table.

Mr. Chambers presented the memorial of the Corporation of the city of 0137 137 Washington, representing the present deranged condition of its finances, occasioned chiefly by its large subscription to the Chesapeake and Ohio Canal stock, and praying for relief.

Mr. Kent presented the petition of those citizens of the District of Columbia who reside south of the eastern branch of the Potomac river, and sundry citizens of Prince George's county, in Maryland, praying for a free bridge over that part of said river; and

Ordered , That the memorial and petition last mentioned be referred to the Committee on the District of Columbia.

On motion by Mr. Hendricks,

Ordered , That the Committee on Roads and Canals be discharged from the consideration of the memorial of the Pontchartrain Railroad Company of Louisiana, relative to the harbor of that port, and that it be referred to the Committee on Commerce.

Mr. Tomlinson presented the petition of Ezra Mead, praying to be compensated for his revolutionary services and sacrifices.

Mr. Frelinghuysen presented the petition of Isabella J. Martin, widow of John Peter Martin, who was a quartermaster in the army of the revolution, praying to be compensated for the services and sacrifices of her late husband.

Ordered , That the two petitions last mentioned be referred to the Committee on Pensions.

Mr. King, of Alabama, presented two memorials from the Legislature of that State, praying,

1. For authority to sell the remaining part of the land granted for improving the Tennessee and other rivers, without limitation as to price; and

2. For a grant of four sections of land to each of the institutions in the town of Tuscaloosa, known by the names of the Male and Female Academies; and

Ordered , That they be referred to the Committee on Public Lands, and that the first be printed.

Mr. Clayton presented the memorial of sundry citizens of Wilmington, in Delaware, praying for an appropriation of $20,000 to improve the navigation of the river Christiana, and to build a light house at the mouth thereof; and

He presented the memorial of sundry citizens of that State, praying for an appropriation of $15,000 for the purposes of purchasing and constructing a wharf and erecting a custom-house in the city of Wilmington, the only port of entry for the district, and the legal residence of the collector.

Mr. Wilkins presented the memorial of the Chamber of Commerce of the city of Philadelphia, praying for the re-construction of the light-house on the Brandywine shoal, near the mouth of Delaware bay.

Mr. Kent presented the memorial of the Mayor and City Council of Baltimore, praying for an appropriation for the preservation of their harbor.

Ordered , That the four memorials last mentioned be referred to the Committee on Commerce.

Mr. Porter presented the petition of Gerard Chretien, stating that he has a valid title to a tract of land in Louisiana, derived from the Spanish Government, and praying for its confirmation; and

Ordered , That it be referred to the Committee on Private Land Claims.

Mr. Chambers presented the memorial of the Baltimore and Susquehannah 18 0138 138 Railroad Company, praying for a remission of the duties on the importation of a locomotive engine.

Mr. Wilkins presented sundry resolutions adopted at a numerously attended meeting of the citizens of Pittsburgh, Pennsylvania, ascribing the present pecuniary pressure on the community to the removal of the public money from the Bank of the United States, and in favor of its restoration;

He also presented the proceedings and resolutions of a large number of the citizens of Philadelphia, approving all the acts of the General Government in relation to the Bank of the United States, and against restoring the public money to the custody of said bank.

Mr. Southard presented the proceedings and resolutions of a large number of the citizens of the counties of Morris and Burlington, in New Jersey, attributing the present pecuniary distresses of the country to the removal of the public money from the Bank of the United States, and in favor of its restoration and a recharter of said bank.

Ordered , That the memorial of the Baltimore and Susquehannah Railroad Company, and the resolutions of the citizens of Pittsburgh, Philadelphia, and Morris and Burlington counties, in New Jersey, be referred to the Committee on Finance, and that the resolutions be printed.

Mr. Tallmadge presented the memorial of the representatives of the late Major General William Alexander, earl of Sterling, of the revolutionary army, praying for a grant of land in lieu of the bounty land to which the deceased was entitled for his military services.

Mr. Bibb presented the petition of the heirs of William Asher, deceased, who was an ensign in the army of the revolution, and killed by the Indians in 1780, praying for the payment of the seven years' half pay allowed by the resolve of Congress of the 24th August, 1780.

Ordered , That the memorial and petition last mentioned be referred to the Committee on Revolutionary Claims.

Mr. Waggaman presented the petition of Thomas J. Mortee, praying to be indemnified for a deficiency in the quantity of three lots of land purchased by him at the St. Helena court-house land office; and

Ordered , That it be referred to the Committee on Public Lands.

Mr. Waggaman presented the petition of the Orleans Navigation Company, praying to be authorized to sell certain land in the city of New Orleans; and

Ordered , That it be referred to the Committee on the Judiciary.

Mr. Wilkins presented the petition of sundry citizens of the State of Pennsylvania, praying that a portion of the public lands may be granted to the disbanded officers of the late war with Great Britain; and

Ordered , That it be referred to the Committee on Military Affairs.

Mr. Wilkins presented the petition of G. Y. Byer, praying to be remunerated for the loss of a quantity of merchandise in 1815, at St. Mary's, whilst the same was in the custody of the revenue officers; and

He presented the petition of William Morrow, late a captain in the army, praying for the payment of certain arrears of pay.

Ordered , That the two petitions last mentioned be referred to the Committee of Claims.

Agreeably to notice given, Mr. Chambers asked and obtained leave to bring in a bill for the relief of the Susquehannah Railroad Company of Baltimore; which was read twice by unanimous consent, and considered as in Committee of the Whole; and

0139 139

Ordered , That it be referred to the Committee on Finance.

Mr. Tomlinson, from the Committee on Pensions, to whom was referred the petition of John Smith, made a report, accompanied by the following resolution:

Resolved , That the prayer of the petitioner be not granted.

Mr. Webster, from the Committee on Finance, to whom was referred the bill entitled “An act making appropriations for the revolutionary and other pensioners of the United States, for the year 1834,” reported it without amendment.

Mr. Tyler, from the Committee on Finance, to whom was referred the petition of Richard Drummond, reported a bill for the relief of the owners and crew of the late privateer Roger, late Roger Quarles, master; which was read; and

Ordered , That it pass to a second reading.

Mr. Tipton, from the Committee of Claims, to whom was referred the bill to amend an act for the payment of horses and arms lost in the military service of the United States, against the Indians, on the frontiers of Illinois and the Michigan Territory, reported it without amendment.

Mr. King, of Georgia, from the Committee on Enrolled Bills, reported that they had examined and found duly enrolled “An act making appropriations, in part, for the support of Government for the year 1834.”

A message from the House of Representatives, by Mr. Franklin, their Clerk:

Mr. President: The President of the United States, on the 5th instant, approved and signed

“An act for the relief of John Hurtell;”

“An act for the relief of Russell Hunt, David Hunt, and Amos Hunt;”

“An act for the relief of George H. Jennings;”

“An act for the relief of Richard Bagnall, executor of Jas. B. Vaughan;”

“An act for the relief of Edward Willett;” and

“An act for the relief of James H. Brewer;”

The Speaker of the House of Representatives having signed an enrolled bill, I am directed to bring it to the Senate for the signature of their President.

The Vice President signed the enrolled bill last reported to have been examined, and it was delivered to the committee to be laid before the President of the United States.

After the consideration of Executive business,

The Senate adjourned.

TUESDAY, February 11, 1834. Link to Annals.

Mr. McKean presented a memorial signed by upwards of 10,000 of the inhabitants of the city and county of Philadelphia, declaring that they are in the midst of unexampled suffering and pecuniary distress, caused by the removal of the public money from the Bank of the United States, and praying for its restoration; and

Ordered , That it be referred to the Committee on Finance, and printed.

Mr. Grundy presented the petition of the executors of James Roddey, deceased, praying that an inquiry may he made whether a partnership existed between the said Roddey and Robert C. Jennings, in a contract for supplying the army, and on which a large balance has been ascertained to be due; and

0140 140

Ordered , That it be referred to the Committee on the Judiciary.

Mr. Grundy, from the Committee on the Post Office and Post Roads, to whom was referred the bill to amend the several laws respecting the Post Office Department, reported it with amendments; which were read.

Mr. Mangum presented a series of resolutions adopted at a recent meeting of the citizens of Burke county, in North Carolina, declaring the removal of the public money from the Bank of the United States to be a high handed act of usurpation, which has produced much pecuniary embarrassment to the country; and declaring, also, the removal of William J. Duane from the office of Secretary of the Treasury, for refusing to remove said money, to be an arbitrary stretch of power; and,

On motion by Mr. Mangum,

That they be referred to the Committee on Finance, and printed.

On motion by Mr. Preston,

The Senate adjourned.

WEDNESDAY, February 12, 1834. Link to Annals.

Mr. King, of Georgia, from the Joint Committee on Enrolled Bills, reported that they yesterday laid before the President of the United States the enrolled bill last reported to have been examined and signed.

Mr. Chambers presented a memorial from a large number of the merchants, traders, manufacturers, mechanics, and others, of the city of Baltimore, ascribing the present pecuniary distresses of the country to the removal of the public money from the Bank of the United States, and praying for its restoration; and

Ordered , That it be referred to the Committee on Finance, and printed.

A message from the House of Representatives by Mr. Franklin, their Clerk:

Mr. President: I am directed to announce to the Senate the death of Thomas T. Bouldin, late one of the representatives from the State of Virginia; and that his funeral will take place to-morrow at 11 o'clock in the forenoon, from the hall of the House of Representatives.

On motion by Mr. Rives,

Resolved, unanimously , That the Senate will attend the funeral of the Honorable Thomas Tyler Bouldin, late a member of the House of Representatives from the State of Virginia, at the hour of 11 o'clock, A. M. tomorrow; and, as a testimony of respect for the memory of the deceased, they will go into mourning, by wearing crape round the left arm for thirty days.

On motion by Mr. Rives,

Resolved , That when the Senate adjourns, it be to half past ten o'clock tomorrow morning.

The Senate then adjourned.

THURSDAY, February 13, 1834. Link to Annals.

The Senate assembled, and then adjourned.

FRIDAY, February 14, 1834. Link to Annals.

The Vice President, communicated a letter from the Secretary of War, transmitting statements showing all the contracts which have been made by 0141 141 the Department of War during the year 1833; prepared in obedience to the 5th section of the act “concerning public contracts.”

The Vice President also communicated a letter from the Secretary of the Treasury, transmitting statements of the weekly accounts of the State banks which have been selected as depositories of the public money, from the 1st of December last to the 1st instant; prepared in obedience to a resolution of the Senate of the 6th instant; and

Ordered , That it be printed.

Mr. Hendricks presented a resolution of the Legislature of Indiana, instructing the Senators, and requesting the Representatives from that State in Congress to endeavor to procure an appropriation of money for improving the navigation at the falls of the Ohio river.

Mr. Tipton presented resolutions adopted at a meeting of the inhabitants of the county of Lagrange, in Indiana, and its vicinity, held on the 29th ultimo, in favor of an appropriation by Congress for constructing a railroad from Maumee bay to Lake Michigan.

Ordered , That the foregoing resolutions be referred to the Committee on Roads and Canals.

On motion by Mr. Southard,

Ordered , That the petition of Henry Levely, on the files of the last session, be referred to the Committee on Naval Affairs.

Mr. Linn presented the memorial of Doctor Lyman Foot, a surgeon in the army, praying to be compensated for extra services.

Mr. Knight presented the petition of Alexander T. F. Bill, late a lieutenant in the army, praying for an equitable settlement of his accounts.

Ordered , That the memorial and petition last mentioned be referred to the Committee of Claims.

Mr. Clay presented the petition of sundry citizens of Indiana, praying that the pre-emption law of 1832 may be revived and extended to actual settlers on the public lands in the military tract in that State north of the base line; and

Ordered , That it be laid on the table.

Mr. Ewing presented the petition of Oliver M. Spencer, praying to be indemnified for a deficiency in the quantity of a fractional section of land which he purchased at the land office at Cincinnati, in Ohio; and

Ordered , That it be referred to the Committee on Public Lands.

Mr. Wright presented a memorial signed by 2,770 of the mechanics and artizans in the city of New York, praying that such measures may be adopted by Congress as will mitigate existing evils and avert impending dangers in reference to the currency of the United States; and

Ordered , That it be referred to the Committee on Finance.

Mr. McKean presented resolutions adopted at a meeting of a large number of the inhabitants of the city of Philadelphia, held on the 6th instant, against a restoration of the public money to the custody of the Bank of the United States, and against a renewal of the charter of said bank; and

He presented resolutions of similar import adopted at a great public meeting held on the 29th ultimo in the third Congressional district of Pennsylvania;

He presented resolutions adopted at a great meeting of the people in the districts of Spring, Garden and Penn Township, in the county of Philadelphia, held on the 4th instant; and resolutions adopted at a numerous meeting of the citizens of the Northern Liberties, held on the 30th ultimo, in