MONDAY, December 2, 1839. Link to Annals.

Present:

From the State of New Hampshire .

The honorable

Henry Hubbard,

Franklin Pierce.

From the State of Massachusetts.

The honorable John Davis.

From the State of Rhode Island and Providence Plantations.

The honorable Nehemiah R. Knight.

From the State of Connecticut.

The honorable Thaddeus Betts.

From the State of New York.

The honorable Silas Wright.

From the State of New Jersey.

The honorable.

Samuel L. Southard,

Garret D. Wall.

From the State of Pennsylvania.

The honorable James Buchanan.

From the State of Delaware.

The honorable Thomas Clayton.

From the State of Virginia.

The honorable William H. Roane.

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From the State of North Carolina.

The honorable Bedford Brown.

From the State of South Carolina.

The honorable John C. Calhoun.

From the State of Georgia.

The honorable Wilson Lumpkin.

From the State of Kentucky.

The honorable

Henry Clay,

John J. Crittenden.

From the State of Tennessee.

The honorable Hugh L. White.

From the State of Ohio.

The honorable

William Allen,

Benjamin Tappan.

From the State of Indiana.

The honorable

Oliver H. Smith,

Albert S. White.

From the State of Mississippi.

The honorable Robert J. Walker.

From the State of Illinois.

The honorable

John M. Robinson,

Richard M. Young.

From the State of Alabama.

The honorable

Clement C. Clay,

William R. King.

From the State of Maine.

The honorable

John Ruggles,

Reuel Williams.

From the State of Missouri.

The honorable

Thomas H. Benton,

Lewis F. Linn.

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From the State of Arkansas.

The honorable William S. Fulton.

From the State of Michigan.

The honorable John Norvell.

The honorable William R. King, President pro tempore, resumed the chair.

Mr. Allen presented the credentials of the honorable Benjamin Tappan, chosen a Senator by the Legislature of the State of Ohio, for the term of six years, from and after the fourth day of March, 1839.

Mr. Smith, of Indiana, presented the credentials of the honorable Albert S. White, chosen a Senator by the General Assembly of the State of Indiana, for the term of six years, from and after the third day of March, 1839.

Mr. Crittenden presented the credentials of Thaddeus Betts, chosen a Senator by the Legislature of the State of Connecticut, for six years, from the fourth of March, 1839.

The said credentials were severally read; the oath prescribed by law was administered to the honorable Mr. Tappan, the honorable Mr. White, and the honorable Mr. Betts; and they severally took their seats in the Senate.

The oath prescribed by law was administered to the honorable Thomas H. Benton, the honorable Samuel L. Southard, and the honorable Reuel Williams, whose credentials were presented during the last session; and they severally took their seats in the Senate.

On motion by Mr. Walker,

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

On motion by Mr. Wright,

Resolved , That a committee be appointed, jointly with such committee as may be appointed by the House of Representatives, to wait on the President of the United States, and inform him that quorums of the two Houses have assembled, and that Congress are ready to receive any communications he may be pleased to make.

On motion by Mr. Wright,

It was agreed that the President pro tempore appoint the committee; and

Mr. Wright and Mr. Allen were appointed.

On motion by Mr. Knight,

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 for such newspapers; and provided, that if any Senator shall choose to take any newspaper 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,

The Senate adjourned.

TUESDAY, December 3, 1839. Link to Annals.

The honorable William D. Merrick, from the State of Maryland, and the honorable Perry Smith, from the State of Connecticut, severally attended.

The oath prescribed by law was administered to the honorable William D. Merrick, his credentials having been presented during the last session, and he took his seat in the Senate.

On motion by Mr. Hubbard,

It was agreed that, until otherwise ordered, the hour of meeting be 12 o'clock.

On motion by Mr. Hubbard,

The Senate adjourned.

WEDNESDAY, December 4, 1839. Link to Annals.

Mr. Benton submitted the following motions for consideration:

Resolved , That the President of the United States be requested to communicate to the Senate copies of the records, and of all the proceedings of the court of inquiry, and also of the court-martial lately held at St. Louis, on Lieutenant Colonel Brant; also the copy of his resignation, and of all the papers connected therewith.

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

1. The articles of foreign import which, being manufactured into a different article in the United States, are allowed a drawback of duty on being exported; with the quantities and value of such imports and exports, and the amounts of duties received, and drawbacks paid on the same, from the year 1833 to the end of the fiscal year of 1839.

2. The amount of drawback which would have been payable on such exportations, if the act of March 2, 1833, for the reduction of duties, commonly called the compromise act, had provided for a reduction of drawback in proportion to the periodical reductions of duty.

3. The probable quantities and values of such experts and imports, and the amounts of duties receivable, and of drawbacks payable thereon, from the year 1840, inclusive of that year, to the consummation of the compromise act in 1842, and for one year thereafter, provided the said act remains as it is.

4. The same quantities, values, and duties for the same time, with the annual amounts of drawback which would be payable if the drawback underwent reductions proportionately to the reductions of duty.

5. A table of recapitulation and comparison, showing the annual difference, and the aggregate difference, between the amounts of drawback paid, and payable, under said act, from 1833, inclusive, to 1842, and one year thereafter, if the act remains as it is; and the amounts that would have been paid, and should become payable hereafter, if the drawbacks had been subject to reduction in proportion to the reduction of duties from the date of the act.

Resolved , That the President of the United be requested to cause to be communicated to the Senate, so far as may be in the power of the Treasury Department to obtain the information, the names of all the banks in the United States which may have stopped payment during 0007 7 the suspension of 1839; also of those which did not stop, noting those which may have recommenced payments; the whole divided into classes by States and Territories, and the District of Columbia.

Also, that he cause to be communicated to the Senate, the names of all banks, if any, which have refused to pay the Government demands, Post Office inclusive, in specie, when demanded; with all the circumstances of such failure, and the correspondence to which it led since the general resumption of 1838. Also, to inform the Senate whether any of the departments have information, or have reason to believe, that any of the Government creditors have been paid in depreciated currency since the general resumption of 1838.

Resolved , That the Secretary of the Treasury be directed to communicate to the Senate, all the information which may be in his power or possession, relating to the imposition of tolls, and the annual amounts collected on all sorts of vessels, empty, light, or heavily laden, on the Louisville and Portland canal, from the opening of the same to the present time, and the annual expenses attending the canal; also the annual amount of dividends belonging to the United States; also the number of shares held in said canal stock by the United States, and the amount paid upon them; also the number of vessels of all kinds which have passed the said canal, annually, since it was opened; also, whether the said canal is completely finished, and put into a condition to pass vessels through in the shortest time practicable.

Resolved , That the Secretary of the Treasury be directed to address proper queries to the surveyor of the port at Louisville, and also at St. Louis, to be answered by themselves, and also to be communicated to the steamboat captains, generally, in relation to the effect of the tolls on the said canal, and the amount thereof on their respective vessels, for each time they pass through, and the aggregate amount for the season or a year, and the comparative amount of the tolls paid to the canal, and the profits cleared by the boat, with an estimate of the amount of tolls which a regular trader, of a given tonnage, between St. Louis and Louisville, and between New Orleans and Louisville, would pay in the number of years that such steamer would last, supposing her to continue in the same trade as long as fit for service; also, a comparative estimate of such aggregate tolls, with the original cost of the vessel, and a further comparative estimate of such tolls, with the ether expenses incident to the running of the steamboat.

On motion by Mr. Smith, of Indiana,

The Senate adjourned.

THURSDAY, December 5, 1839. Link to Annals.

The honorable John S. Spence, from the State of Maryland, attended.

The Senate proceeded to consider the motions submitted yesterday by Mr. Benton; and

On motion by Mr. Hubbard,

Ordered , That they severally lie on the table.

On motion by Mr. Hubbard,

The Senate adjourned.

FRIDAY, December 6, 1839. Link to Annals.

Mr. Wright presented the credentials of the honorable Samuel S. Phelps, chosen a Senator by the General Assembly of the State of Vermont, for six years from and after the 3d day of March, 1839.

The credentials were read, the oath prescribed by law was administered to him; and he took his seat in the Senate.

On motion,

The Senate adjourned.

SATURDAY, December 7, 1839. Link to Annals.

The honorable Ambrose H. Sevier, from the State of Arkansas, attended.

On motion by Mr. Smith, of Indiana,

The Senate adjourned.

MONDAY, December 9, 1839. Link to Annals.

The honorable Samuel Prentiss, from the State of Vermont, and the honorable Robert Strange, from the State of North Carolina, severally attended.

Mr. Allen submitted the following motion, which was considered by unanimous consent, and agreed to:

Resolved , That a committee be appointed to wait on the President of the United States, and to inform him that a quorum of the Senate has assembled, and that the Senate is ready to receive any communication of an Executive character, which he may make.

On motion by Mr. Allen,

It was agreed that the President pro tempore appoint the committee; and

Mr. Allen and Mr. Wright were appointed accordingly.

Mr. Tappan submitted the following motion for consideration:

Resolved , That the Secretary of War be directed to report to the Senate:

1st. What would be the effect upon the military service of the country, of a regulation, by which all officers of the army, on arriving at sixty years of age, should be permitted to retire from service upon half-pay.

2d. What would be the probable annual charge upon the Treasury of such regulation.

The Senate proceeded to the election of a Secretary, pursuant to the 49th rule of the Senate, and the whole number of ballots collected was 37, and were all given to Asbury Dickins, late Secretary, who was accordingly elected.

Mr. Dickins 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 49th rule of the Senate; and the whole number of ballots collected was 37, of which Stephen Haight received 36, and was accordingly elected.

Mr. Haight attended: and the oath prescribed by law was administered to him by the President.

The Senate proceeded to the election of an assistant doorkeeper, pursuant to the 49th rule of the Senate; and, after counting the ballots, it appeared that the whole number of ballots was 37, of which Robert W. Beale received 20, and was accordingly elected.

0009 9

Mr. Beale attended: and the oath prescribed by law, was administed to him.

On motion,

The Senate adjourned.

TUESDAY, December 10, 1839. Link to Annals.

Mr. Allen, from the committee appointed to wait on the President of the United States, and inform him that a quorum of the Senate has assembled, and that the Senate is ready to receive any communication of an Executive character that he may make, reported that they had performed the duty assigned them; and that the President replied, that he would make an Executive communication to the Senate.

After the consideration of Executive business,

The Senate adjourned.

WEDNESDAY, December 11, 1839. Link to Annals.

The honorable Alexander Mouton and the honorable Robert C. Nicholas, from the State of Louisiana, attended.

Mr. Benton submitted the following motions for consideration:

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

1. A table of the import and export of gold bullion, with the excess of each, annually from the commencement of the Federal Government, or as far back as the returns in the Treasury Department will enable the table to be made up.

2. A like table of gold coin.

3. A like table of silver bullion.

4. A like table of silver coin.

5. A table of recapitulation showing the total annual imports and exports of coin and bullion, in one column, and the excesses in two other columns, for the same length of time.

6. A detailed statement of the weekly exportations of coin and bullion for the year 1839, showing the names and residences of the exporters and their consignees in foreign countries.

7. A detailed table of exports and imports of coin and bullion of the United States, for the year 1839.

8. A table of the annual coinage of gold and silver at the Mint of the United States and the branch mints, from the time they were respectively established.

9. A table of the annual product of the gold mines of the United States from the time of their discovery.

The whole of said tables made up to the end of the year 1839.

Resolved , That the President of the United States be requested to cause to be communicated to the Senate all the information which the War Office contains, or can conveniently procure, of the massacres of individuals, of families, of small parties, and of shipwrecked crews or passengers, which have taken place in Florida during the present hostilities, and including those which took place before the war became open on the part of the Indians; noting as far as it conveniently can be done, how far families have been broken up, and driven from their homes, their houses burnt, and their fields and property destroyed.

0010 10

After the consideration of Executive business,

The Senate adjourned.

THURSDAY, December 12, 1839. Link to Annals.

Mr. Linn submitted the following motion for consideration:

Resolved , That the President of the United States be requested to send to the Senate all the information in his possession relating to the southern boundary line of the Territory of Iowa.

After the consideration of Executive business,

The Senate adjourned.

FRIDAY, December 13, 1839. Link to Annals.

Mr. Clay, of Kentucky, presented the credentials of the honorable John Henderson, chosen a senator by the Legislature of the State of Mississippi for six years, from and after the third day of March, eighteen hundred and thirty-nine.

The credentials were read, the oath prescribed by law was administered to him, and he took his seat in the Senate.

On motion,

The Senate adjourned.

SATURDAY, December 14, 1839. Link to Annals.

Mr. White submitted the following motion, which was considered by unanimous consent, and agreed to:

Resolved , That the 34th rule of the Senate be so far suspended, that the presiding officer of the Senate shall appoint, for the present session, the members of all the standing committees with the exception of the chairman of the Committee on Commerce; and that the Senate shall, previously to such appointment, elect, by ballot, the chairman of that committee.

On motion by Mr. White,

The Senate proceeded to the choice of a chairman of the Committee on Commerce; and, on counting the ballots it appeared that Mr. King had a majority and was elected.

On motion by Mr. Clay, of Kentucky,

Ordered , That William Thomas have leave to withdraw his petition and papers presented at the last session.

After the consideration of Executive business,

The Senate adjourned.

MONDAY, December 16, 1839. Link to Annals.

The President announced the appointment of the following standing committees of the Senate:

A Committee on Foreign Relations, consisting of Mr. Buchanan, chairman, Mr. Clay, of Kentucky, Mr. Brown, Mr. Roane, and Mr. Allen.

A Committee on Finance, consisting of Mr. Wright, chairman, Mr. Webster, Mr. Nicholas, Mr. Benton, and Mr. Hubbard.

A Committee on Commerce, consisting of Mr. King, chairman, Mr. Davis, Mr. Norvell, Mr. Ruggles, and Mr. Mouton.

0011 11

A Committee on Manufactures, consisting of Mr. Lumpkin, chairman, Mr. Preston, Mr. Knight, Mr. Buchanan, and Mr. Allen.

A Committee on Agriculture, consisting of Mr. Mouton, chairman, Mr. Spence, Mr. Linn, Mr. Brown, and Mr. Smith, of Connecticut.

A Committee on Military Affairs, consisting of Mr. Benton, chairman, Mr. Preston, Mr. Wall, Mr. Pierce, and Mr. Nicholas.

A Committee on the Militia, consisting of Mr. Clay, of Alabama, chairman, Mr. Smith, of Indiana, Mr. Phelps, Mr. Fulton, and Mr. Tappan.

A Committee on Naval Affairs, consisting of Mr. Williams, chairman, Mr. Southard, Mr. Cuthbert, Mr. Strange, and Mr. Tappan.

A Committee on Public Lands, consisting of Mr. Walker, chairman, Mr. Fulton, Mr. Clay, of Alabama, Mr. Prentiss, and Mr. Norvell.

A Committee on Private Land Claims, consisting of Mr. Linn, chairman, Mr. Sevier, Mr. Clayton, Mr. Mouton, and Mr. Betts.

A Committee on Indian Affairs, consisting of Mr. White, of Tennessee, chairman, Mr. Sevier, Mr. Linn, Mr. White, of Indiana, and Mr. Phelps.

A Committee of Claims, consisting of Mr. Hubbard, chairman, Mr. Young, Mr. Merrick, Mr. Williams, and Mr. Betts.

A Committee on Revolutionary Claims, consisting of Mr. Smith, of Connecticut, chairman, Mr. White, of Tennessee, Mr. Knight, Mr. Crittenden, and Mr. Robinson.

A Committee on the Judiciary, consisting of Mr. Wall, chairman, Mr. Clayton, Mr. Strange, Mr. Crittenden, and Mr. Smith, of Indiana.

A Committee on the Post Office and Post Roads, consisting of Mr. Robinson, chairman, Mr. Lumpkin, Mr. Knight, Mr. Fulton, and Mr. Henderson.

A Committee on Roads and Canals, consisting of Mr. Young, chairman, Mr. Phelps, Mr. Henderson, Mr. Spence, and Mr. Smith, of Indiana.

A Committee on Pensions, consisting of Mr. Pierce, chairman, Mr. Prentiss, Mr. White, of Indiana, Mr. Roane, and Mr. Betts.

A Committee on the District of Columbia, consisting of Mr. Merrick, chairman. Mr. Crittenden, Mr. Lumpkin, Mr. Southard, and Mr. Clayton.

A Committee on Patents and the Patent Office, consisting of Mr. Strange, chairman, Mr. Davis, Mr. Prentiss, Mr. Robinson, and Mr. Spence.

A Committee on the Public Buildings, consisting of Mr. Fulton, Mr. Merrick, and Mr. Smith, of Connecticut.

A Committee to audit and control the Contingent Expenses of the Senate, consisting of Mr. Knight, chairman, Mr. Fulton, and Mr. Lumpkin.

A Committee on Engrossed Bills, consisting of Mr. Smith, of Indiana, chairman, Mr. Henderson, and Mr. Phelps.

After the consideration of Executive business,

The Senate adjourned.

TUESDAY, December 17, 1839. Link to Annals.

After the consideration of Executive business,

On motion,

The Senate adjourned.

WEDNESDAY, December 18, 1839. Link to Annals.

Mr. Davis submitted the following motion for consideration:

Resolved , That the Secretary of the Treasury be instructed to inform the Senate:

0012 12

1. Whether duties have been exacted of any vessels of the United States employed in the whale fishery, for tonnage or the produce of such fisheries; and, if so, under what authority.

2. What papers were furnished to such vessels before they cleared; and were they such as have at all times been granted to vessels thus employed.

3. What amount of duties and charges have been paid, what amount bonded; and are the bonds now in force and unpaid.

4. Are duties now exacted of all such vessels, as they arrive; and what amount of fees, if any, have accrued to officers of the customs from this source; and at what places.

Mr. Linn submitted the following resolutions for consideration:

Resolved , That it is the opinion of the Senate that the title of the United States to the Territory of Oregon is indisputable, and never will be abandoned.

Resolved , That the President of the United States be requested to give notice to the British Government, that the conventions of 1818 and 1827, which give the right to use and occupy the Oregon Territory, its bays, rivers, harbors, &c., &c., to both parties, indiscriminately; shall cease in twelve months after such notification.

Resolved , That it is both expedient and proper to extend such portions of the laws of the United States over the Territory of Oregon secure the lives, liberty, and property, of our citizens who may reside in said territory.

Resolved , That it is expedient to raise an additional regiment of infantry, (rifle,) for the purpose of overawing and keeping in check various Indian tribes, or any foreign forces who may be in said territory or on its borders; and, at the same time, to give ample protection to our citizens engaged in legitimate occupations.

Resolved , That six hundred and forty acres of land should be granted to every white male inhabitant, of said territory, of the age of eighteen years, who shall cultivate and use the same for five consecutive years, and to his heirs-at-law, in the event of his death.

After the consideration of Executive business,

On motion by Mr. Wright,

The Senate adjourned.

THURSDAY, December 19, 1839. Link to Annals.

The honorable William C. Preston, from the State of South Carolina, attended.

Mr. Benton submitted the following motion for consideration:

Resolved , That the Secretary of the Treasury be directed to communicate to the Senate such information as has been received at the Treasury Department, from Consuls and Secretaries of Legation, respecting the fiscal regulations in force in foreign countries, and not contained in his communication to the Senate of the date of January 21, 1839.

Mr. Linn submitted the following motion for consideration:

Resolved , That the President of the United States be requested to cause to be communicated to the Senate any information in the Department of State, or any other department relative to the disputed boundary between the State of Missouri and the Territory of Iowa, and which has not been 0013 13 heretofore communicated to the House of Representatives, and also to communicate copies of any proclamations of the Governor of Missouri and the Governor of Iowa, in relation to said disputed boundary, and the orders, if any, for calling out or holding the militia in readiness to act in relation to the same; and also any further information on the subject which it may be in the power of the departments to give.

Mr. Williams submitted the following motion for consideration:

Resolved , That the Committee on the Judiciary be instructed to inquire into the expediency of increasing the number of copies of the Laws of Congress, printed for the several States and Territories, under the act of 20th April, 1818, and of otherwise extending the publication of the laws.

After the consideration of Executive business,

On motion by Mr. Davis,

The Senate adjourned.

FRIDAY, December 20, 1839. Link to Annals.

After the consideration of Executive business,

On motion,

The Senate adjourned.

SATURDAY, December 21, 1839. Link to Annals.

The Senate met, and

On motion by Mr. Smith, of Indiana,

Adjourned.

MONDAY, December 23, 1839. Link to Annals.

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

Mr. President: I am directed to inform the Senate that a quorum of the House has assembled; that Robert M. T. Hunter, one of the Representatives from the State of Virginia, has been elected Speaker thereof, and that it is now ready to proceed to business.

The House of Representatives concur in the resolution passed by the Senate for the appointment of a joint committee to wait on the President of the United States and inform him that quorums of the two Houses have assembled, and that Congress are ready to receive any communications he may be pleased to make; and Mr. Everett and Mr. Ramsay have been appointed the committee on the part of the House.

On motion by Mr. White,

Ordered , That the petition of the heirs of Henry Conway, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

Mr. Calhoun presented the memorial of Jacob Lesher and Thomas S. Hinde, proprietors of the lands at the Great falls or Grand rapids of the Great Wabash river, praying the appointment of commissioners to examine a proposed site for a national armory; which was referred to the Committee on Military Affairs.

Mr. Sevier presented the petition of Aaron Fitzgerald, of Pennsylvania, praying an increase of pension; which was referred to the Committee on Pensions.

0014 14

Mr. Sevier presented the petition of William D. Ferguson, praying the confirmation of certain claims to land; which was referred to the Committee on Private Lands Claims.

On motion by Mr. Sevier,

Ordered , That the petition of Matthew Arbuckle, on the files of the Senate, be referred to the Committee on Private Land Claims.

On motion by Mr. Merrick,

Ordered , That the petition of Samuel Crapen, on the files of the Senate, be referred to the Committee on Pensions.

Mr. Pierce presented the petition of Mary French, widow of Benjamin French, a revolutionary soldier, praying a pension; which was referred to the Committee on Pensions.

Mr. Lumpkin presented the petition of George W. Pascall, praying to be indemnified for expenses incurred in consequence of a prosecution against him for the destruction of a quantity of whiskey, by order of the commanding general. John E. Wool; which was referred to the Committee of Claims.

Mr. Tappan presented the proceedings of a number of the citizens of Cincinnati in relation to Madame America Vespucci; which were referred to the Committee on Public Lands.

Mr. Wall presented the memorial of R. S. Field and others, citizens of New Jersey, praying the establishment of a port of entry at Indian Key, in Florida; which was referred to the Committee on Commerce.

On motion by Mr. Merrick,

Ordered , That the memorial of William Sanford, and the memorial of William Bayley, on the files of the Senate, be severally referred to the Committee on Revolutionary Claims.

On motion by Mr. Merrick,

Ordered , That the petition of the Board of Health, of the city of Washington, on the files of the Senate, praying the establishment of a national hospital and lunatic asylum, be referred to the Committee on the District of Columbia.

Mr. Benton presented the memorial of A. C. W. Fanning and others, officers of the line of the army of the United States, praying that they may be placed on an equal footing, as to pay, rank, and emoluments, with officers of the staff; which was referred to the Committee on Military Affairs.

Mr. Benton presented the petition of William Tumey, late a sergeant in the army, praying arrears of pension; which was referred to the Committee on Pensions.

Mr. Benton presented the petition of Beverly Foster, and others, inhabitants of the county of Lincoln, in the State of Missouri, settlers on fractional sections, praying that the right of pre-emption may be extended to them; which was referred to the Committee on Public Lands.

Mr. Clay, of Alabama, presented the petition of John S. Wilson, of the State of Alabama, praying to be allowed to enter a quarter section of vacant land, in lieu of a right of pre-emption; which was referred to the Committee on Public Lands.

Mr. Wall presented additional documents relating to the claim of John H. McIntosh, which, with the petition and documents on file, were referred to the Committee of Claims.

0015 15

On motion by Mr. Prentiss,

Ordered , That the petition of Ira Day, on the files of the Senate, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Walker,

Ordered , That the several resolutions of the Legislature of the State of Mississippi, in favor of the establishment of certain post roads, presented during the last session, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Smith, of Indiana,

Ordered , That the petition of John H. Piatt, on the files of the Senate, be referred to the Committee of Claims.

Mr. Lumpkin submitted the following motion for consideration:

Resolved , That the Committee on the Post Office and Post Roads be instructed to inquire into the expediency of establishing a mail stage route from Clarksville, Habersham county, Georgia, to Ashville, North Carolina, via the town of Clayton, in Rabun county, Georgia, and the town of Franklin, in the county of Macon, North Carolina: and also a weekly mail route, to be carried on horseback, from the town of La Fayette, in the county of Walker, to the town of Salem, in the county of Dade, in the State of Georgia.

Mr. Clay, of Alabama, submitted the following motion for consideration:

Resolved , That the Committee of Claims be instructed to inquire into the expediency of making compensation to Abel Pennington, of Captain A. Bayard's company of North Carolina volunteers, serving in Florida, for a horse shot by order of the commanding general, in January, 1838.

Mr. Benton, by unanimous consent, had leave to introduce the following resolution, which was read three times, by unanimous consent, and agreed to.

Resolved , That two chaplains of different denominations be elected to Congress during the present session, one by each House, who shall interchange weekly.

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

Mr. Wright, from the joint committee appointed to wait on the President of the United States and inform him that quorums of the two Houses have assembled, and that Congress are ready to receive any communications he may be pleased to make, reported that they had performed the duty assigned them, and that the President replied, he would make a communication, in writing, to the two Houses of Congress at twelve o'clock to-morrow.

After the consideration of Executive business,

The Senate adjourned.

TUESDAY, December 24, 1839. Link to Annals.

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

Fellow-Citizens of the Senate, and House of Representatives:

I regret that I cannot on this occasion congratulate you that the past year has been one of unalloyed prosperity. The ravages of fire and disease 0016 16 have painfully afflicted otherwise flourishing portions of our country, and serious embarrassments yet derange the trade of many of our cities. But, notwithstanding these adverse circumstances, that general prosperity which has been heretofore so bountifully bestowed upon us by the Author of all good, still continues to call for our warmest gratitude. Especially have we reason to rejoice in the exuberant harvests which have lavishly recompensed well directed industry, and given to it that sure reward which is vainly sought in visionary speculations. I cannot indeed view without peculiar satisfaction, the evidences afforded by the past season of the benefits that spring from the steady devotion of the husbandman to his honorable pursuit. No means of individual comfort is more certain, and no source of national prosperity is so sure. Nothing can compensate a people for a dependance upon others for the bread they eat; and that cheerful abundance on which the happiness of every one so much depends, is to be looked for nowhere with such sure reliance as in the industry of the agriculturist and the bounties of the earth.

With foreign countries, our relations exhibit the same favorable aspect which was presented in my last annual message, and afford continued proof of the wisdom of the pacific, just, and forbearing policy adopted by the first Administration of the Federal Government, and pursued by its successors. The extraordinary powers vested in me by an act of Congress, for the defence of the country in an emergency, considered so far probable as to require that the Executive should possess ample means to meet it, have not been exerted. They have, therefore, been attended with no other result than to increase, by the confidence thus reposed in me, my obligations to maintain, with religious exactness, the cardinal principles that govern our intercourse with other nations. Happily, in our pending questions with Great Britain, out of which this unusual grant of authority arose, nothing has occurred to require its exertion; and as it is about to return to the Legislature, I trust that no future necessity may call for its exercise by them, or its delegation to another department of the Government.

For the settlement of our Northeastern boundary, the proposition promised by Great Britain for a commission of exploration and survey, has been received, and a counter project, including also a provision for the certain and final adjustment of the limits in dispute, is now before the British Government for its consideration. A just regard to the delicate state of this question, and a proper respect for the natural impatience of the State of Maine, not less than a conviction that the negotiation has been already protracted longer than is prudent on the part of either Government, have led me to believe that the present favorable moment should on no account be suffered to pass without putting the question for ever at rest. I feel confident that the Government of her Britannic Majesty will take the same view of this subject, as I am persuaded it is governed by desires equally strong and sincere for the amicable termination of the controversy.

To the intrinsic difficulties of questions of boundary lines, especially those described in regions unoccupied, and but partially known, is to be added in our country the embarrassment necessarily arising out of our constitution, by which the General Government is made the organ of negotiating and deciding upon the particular interests of the States, on whose frontiers these lines are to be traced. To avoid another controversy in which a State Government might rightfully claim to have her wishes consulted, previously to the conclusion of conventional arrangements concerning 0017 17 her rights of jurisdiction or territory, I have thought it necessary to call the attention of the Government of Great Britain to another portion of our conterminous dominion, of which the division still remains to be adjusted. I refer to the line from the entrance of Lake Superior to the most northwestern point of the Lake of the Woods, stipulations for the settlement of which are to be found in the seventh article of the treaty of Ghent. The commissioners appointed under that article, by the two Governments, having differed in their opinions, made separate reports, according to its stipulations, upon the points of disagreement, and these differences are now to be submitted to the arbitration of some friendly sovereign or State. The disputed points should be settled, and the line designated, before the Territorial Government, of which it is one of the boundaries, takes its place in the Union as a State; and I rely upon the cordial co-operation of the British Government to effect that object.

There is every reason to believe, that disturbances, like those which lately agitated the neighboring British Provinces, will not again prove the sources of border contentions, or interpose obstacles to the continuance of that good understanding which it is the mutual interest of Great Britain and the United States to preserve and maintain.

Within the Provinces themselves, tranquillity is restored, and on our frontier, that misguided sympathy in favor of what was presumed to be a general effort in behalf of popular rights, and which, in some instances, misled a few of our more inexperienced citizens, has subsided into a rational conviction, strongly opposed to all intermeddling with the internal affairs of our neighbors. The people of the United States feel, as it is hoped they always will, a warm solicitude for the success of all who are sincerely endeavoring to improve the political condition of mankind. This generous feeling they cherish towards the most distant nations; and it was natural, therefore, that it should be awakened with more titan common warmth in behalf of their immediate neighbors. But it does not belong to their character, as a community, to seek the gratification of those feelings in acts which violate their duty as citizens, endanger the peace of their country, and tend to bring upon it the stain of a violated faith towards foreign nations. If, zealous to confer benefits on others, they appear for a moment to lose sight of the permanent obligations imposed upon them as citizens, they are seldom long misled. From all the information I receive, confirmed to some extent by personal observation, I am satisfied that no one can now hope to engage in such enterprises without encountering public indignation, in addition to the severest penalties of the law.

Recent information also leads me to hope that the emigrants from her Majesty's Provinces, who have sought refuge within our boundaries, are disposed to become peaceable residents, and to abstain from all attempts to endanger the peace of that country which has afforded them an asylum. On a review of the occurrences on both sides of the line, it is satisfactory to reflect, that in almost every complaint against our country, the offence may be traced to emigrants from the Provinces who have sought refuge here. In the few instances in which they were aided by citizens of the United State, the acts of these misguided men were not only in direct contravention of the laws and well known wishes of their own Government, but met with the decided disapprobation of the people of the United States.

I regret to state the appearance of a different spirit among her Majesty's subjects in the canadas. The sentiments of hostility to our people and institutions, 2 0018 18 which have been so frequently expressed there, and the disregard of our rights which have been manifested on some occasions, have, I am sorry to say, been applauded and encouraged by the people, and even by some of the subordinate local authorities of the Provinces. The chief officers in Canada fortunately have not entertained the same feeling, and have probably prevented excesses that must have been fatal to the peace of the two countries.

I look forward anxiously to a period when all the transactions which have grown out of this condition of our affairs, and which have been made the subjects of complaint and remonstrance by the two Governments respectively, shall, be fully examined, and the proper satisfaction given where it is due from either side.

Nothing has occurred to disturb the harmony of our intercourse with Austria, Belgium, Denmark, France, Naples, Portugal, Prussia, Russia, or Sweden. The internal state of Spain has sensibly improved, and a wellgrounded hope exists that the return of peace will restore to the people of that country their former prosperity, and enable the Government to fulfil all its obligations at home and abroad. The Government of Portugal, I have the satisfaction to state, has paid in full the eleventh and last instalment due to our citizens tot the claims embraced in the settlement made with it on the third of March, 1837.

I lay before you treaties of commerce negotiated with the kings of Sardinia and of the Netherlands, the ratifications of which have been exchanged since the adjournment of Congress. The liberal principles of these treaties will recommend them to your approbation. That with Sardinia is the first treaty of commerce formed by that kingdom, and it will, I trust, answer the expectations of the present sovereign, by aiding the development of the resources of his country, and stimulating the enterprise of his people. That with the Netherlands happily terminates a long existing subject of dispute, and removes from our future commercial intercourse all apprehension of embarrassment. The king of the Netherlands has also, in further illustration of his character for justice, and of his desire to remove every cause of dissatisfaction, made compensation for an American vessel captured in 1800 by a French privateer, and carried into Curacoa, where the proceeds were appropriated to the use of the colony, then, and for a short time after, under the dominion of Holland.

The death of the late Sultan has produced no alteration in our relations with Turkey. Our newly appointed Minister Resident has reached Constantinople, and I have received assurances from the present Ruler that the obligations of our treaty, and those of friendship, will be tiff filled by himself in the same spirit that actuated his illustrious father.

I regret to be obliged to inform you that no convention for the settlement of the claims of our citizens upon Mexico has yet been ratified by the Government of that country. The first convention formed for that purpose was not presented by the President of Mexico for the approbation of its Congress, from a belief that the King of Prussia, the arbitrator in case of disagreement in the joint commission to be appointed by the United States and Mexico, would not consent to take upon himself that friendly office. Although not entirely satisfied with the course pursued by Mexico, I felt no hesitation in receiving in the most conciliatory spirit the explanation offered, and also cheerfully consented to a new convention, in order to arrange the payments proposed to be made to our citizens, in a manner 0019 19 which, while equally just to them, was deemed less onerous and inconvenient to the Mexican Government. Relying confidently upon the intentions of that Government, Mr. Ellis was directed to repair to Mexico, and diplomatic intercourse has been resumed between the two countries. The new convention has, he informs us, been recently submitted by the President of that Republic to its Congress, under circumstances which promise a speedy ratification; a result which I cannot allow myself to doubt.

Instructions have been given to the Commissioner of the United States under our Convention with Texas, for the demarcation of the line which separates us from that Republic. The commissioners of both Governments met in New Orleans in August last. The joint commission was organized, and adjourned to convene at the same place on the twelfth of October. It is presumed to be now in the performance of its duties.

The new Government of Texas has shown its desire to cultivate friendly relations with us, by a prompt reparation for injuries complained of in the cases of two vessels of the United States.

With Central America a convention has been concluded for the renewal of its former treaty with the United States. This was not ratified before the departure of our late Chargé d'Affaires from that country, and the copy of it brought by him was not received before the adjournment of the Senate at the last session. In the mean while, the period limited for the exchange of ratifications having expired, I deemed it expedient, in consequence of the death of the Chargé d'Affaires, to send a special agent to Central America, to close the affairs of our mission there, and to arrange with the Government an extension of the time for the exchange of ratifications.

The commission created by the States which formerly composed the Republic of Colombia, for adjusting the claims against that Government, has, by a very unexpected construction of the treaty under which it acts, decided that no provision was made for those claims of citizens of the United States which arose from captures by Colombian privateers, and were adjudged against the claimants in the judicial tribunals. This decision will compel the United States to apply to the several Governments formerly united for redress. With all these—New Granada, Venezuela, and Ecuador, a perfectly good understanding exists. Our treaty with Venezuela is faithfully carried into execution, and that country, in the enjoyment of tranquillity, is gradually advancing in prosperity under the guidance of its present distinguished President, General Paez. With Ecuador, a liberal commercial convention has lately been concluded, which will be transmitted to the Senate at an early day.

With the great American Empire of Brazil our relations continue unchanged, as does our friendly intercourse with the other Governments of South America—the Argentine Republic, and the Republics of Uruguay, Chili, Peru, and Bolivia. The dissolution of the Peru-Bolivian Confederation may occasion some temporary inconvenience to our citizens in that quarter, but the obligations on the new Governments which have arisen out of that Confederation to observe its treaty stipulations, will no doubt be soon understood, and it is presumed that no indisposition will exist to fulfil those which it contracted with the United States.

The financial operations of the Government during the present year have, I am happy to say, been very successful. The difficulties under which the Treasury Department has labored from known defects in the 0020 20 existing laws relative to the safe keeping of the public moneys, aggravated by the suspension of specie payments by several of the banks holding public deposites, or indebted to public officers for notes received in payment of public dues, have been surmounted to a very gratifying extent. The large current expenditures have, been punctually met, and the faith of the Government in all its pecuniary concerns has been scrupulously maintained.

The nineteen millions of Treasury notes authorized by the act of Congress of 1837, and the modifications thereof, with a view to the indulgence of merchants on their duty bonds, and of the deposite banks in the payment of public moneys held by them, have been so punctually redeemed as to leave less than the original ten millions outstanding at any one time, and the whole amount unredeemed now fall short of three millions. Of these the chief portion is not due till next year, and the whole would have been already extinguished could the Treasury have realized the payments due to it from the banks. If those due from them during the next year shall be punctually made, and if Congress shall keep the appropriations within the estimates, there is every reason to believe that all the outstanding Treasury notes can be redeemed, and the ordinary expenses defrayed, without imposing on the people any additional burden, either of loans or increased taxes.

To avoid this, and to keep the expenditures within reasonable bounds, is a duty, second only in importance to the preservation of our national character, and the protection of our citizens in their civil and political rights. The creation, in time of peace, of a debt likely to become permanent, is an evil for which there is no equivalent. The rapidity with which many of the States are apparently approaching to this condition, admonishes us of our own duties, in a manner too impressive to be disregarded. One, not the least important, is to keep the Federal Government always in a condition to discharge, with ease and vigor, its highest functions, should their exercise be required by any sudden conjuncture of public affairs—a condition to which we are always exposed, and which may occur when it is least expected. To this end, it is indispensable that its finances should be untrammelled, and its resources, as far as practicable, unincumbered. No circumstance could present greater obstacles to the accomplishment of these vitally important objects, than the creation of an onerous national debt. Our own experience, and also that of other nations, have demonstrated the unavoidable and fearful rapidity with which a public debt is increased, when the Government has once surrendered itself to the ruinous practice of supplying its supposed necessities by new loans. The struggle, therefore, on our part, to be successful, must be made at the threshold. To make our efforts effective, severe economy is necessary. This is the surest provision for the national welfare; and it is, at the same time, the best preservative of the principles on which our institutions rest. Simplicity and economy in the affairs of State have never failed to chasten and invigorate republican principles, while these have been as surely subverted by national prodigality, under whatever specious pretexts it may have been introduced or fostered.

These considerations cannot be lost upon a people who have never been inattentive to the effect of their policy upon the institutions they have created for themselves; but at the present moment their force is augmented by the necessity which a decreasing revenue must impose. The check lately given to importations of articles subject to duties, the derangements in the operations of internal trade, and especially the reduction gradually 0021 21 taking place in our tariff of duties, all tend materially to lessen our receipts; indeed it is probable that the diminution resulting from the last cause alone will not fall short of five millions of dollars in the year 1842, as the final reduction of all duties to twenty per cent, then takes effect. The whole revenue then accruing from the customs, and from the sales of public lands, if not more, will undoubtedly be wanted to defray the necessary expenses of the Government under the most prudent administration of its affairs. These are circumstances that impose the necessity of rigid economy, and require its prompt and constant exercise. With the Legislature rest the power and duty of so adjusting the public expenditure as to promote this end. By the provisions of the constitution, it is only in consequence of appropriations made by law, that money can be drawn from the Treasury; no instance has occurred since the establishment of the Government in which the Executive, though a component part of the legislative power, has interposed an objection to an appropriation bill on the sole ground of its extravagance. His duty in this respect has been considered fulfilled by requesting such appropriations only as the public service may be reasonably expected to require. In the present earnest direction of the public mind towards this subject, both the Executive and the Legislature have evidence of the strict responsibility to which they will be held; and while I am conscious of my own anxious efforts to perform with fidelity this portion of my public functions, it is a satisfaction to me to be able to count on a cordial co-operation from you.

At the time I entered upon my present duties, our ordinary disbursements—without including those on account of the public debt, the post office, and the trust funds in charge of the Government—had been largely increased by appropriations for the removal of the Indians, for repelling Indian hostilities, and for other less urgent expenses which grew out of an overflowing Treasury. Independent of the redemption of the public debt and trusts, the gross expenditures of seventeen and eighteen millions in 1834 and 1835, had, by these causes, swelled to twenty nine millions in 1836; and the appropriations for 1837, made previously to the fourth of March, caused the expenditure to rise to the very large amount of thirty-three millions. We were enabled during the year 1838, notwithstanding the continuance of our Indian embarrassments, somewhat to reduce this amount; and that for the present year 1839, will not in all probability exceed twenty-six millions—or six millions less than it was last year. With a determination so far as depends on me to continue this reduction, I have directed the estimates for 1840 to be subjected to the severest scrutiny, and to be limited to the absolute requirements of the public service. They will be found less than the expenditures of 1839, by over five millions of dollars.

The precautionary measures which will be recommended by the Secretary of the Treasury, to protect faithfully the public credit under the fluctuations, and contingencies, to which our receipts and expenditures are exposed, and especially in a commercial crisis like the present, are commended to your early attention.

On a former occasion your attention was invited to various considerations in support of a pre-emption law in behalf of the settlers on the public lands; and also of a law graduating the prices for such lands as had long been in the market unsold, in consequence of their inferior quality. The execution of the act which was passed on the first subject has been attended with the happiest consequences, in quieting titles, and securing improvements 0022 22 to the industrious; and it has also, to a very gratifying extent, been exempt from the frauds which were practised under previous pre-emption laws. It has, at the same time, as was anticipated, contributed liberally during the present year to the receipts of the Treasury.

The passage of a graduation law, with the guards before recommended, would also, I am persuaded, add considerably to the revenue, for several years, and prove in other respects just and beneficial.

Your early consideration of the subject is, therefore, once more earnestly requested.

The present condition of the defences of our principal seaports and navy yards, as represented by the accompanying report of the Secretary of War, calls for the early and serious attention of Congress; and as connecting itself intimately with this subject, I cannot recommend too strongly to your consideration the plan submitted by that officer for the organization of the militia of the United States.

In conformity with the expressed wishes of Congress, an attempt was made in the spring to terminate the Florida war by negotiation. It is to be regretted, that these humane intentions should have been frustrated, and that the effort to bring these unhappy difficulties to a satisfactory conclusion should have failed. But, after entering into solemn engagements with the Commanding General, the Indians, without any provocation, recommenced their acts of treachery and murder. The renewal of hostilities in that Territory renders it necessary that I should recommend to your favorable consideration the plan which will be submitted to you by the Secretary of War, in order to enable that department to conduct them to a successful issue.

Having had an opportunity of personally inspecting a portion of the troops during the last summer, it gives me pleasure to bear testimony to the success of the effort to improve their discipline, by keeping them together in as large bodies as the nature of our service will permit. I recommend, therefore, that commodious and permanent barracks be constructed at the several posts designated by the Secretary of War. Notwithstanding the high state of their discipline and excellent police, the evils resulting to the service from the deficiency of company officers, were very apparent, and I recommend that the staff officers be permanently separated from the line.

The navy has been usefully and honorably employed in protecting the rights and property of our citizens, wherever the condition of affairs seemed to require its presence. With the exception of one instance, where an outrage, accompanied by murder, was committed on a vessel of the United States while engaged in a lawful commerce, nothing is known to have occurred to impede or molest the enterprise of our citizens on that element where it is so signally displayed. On learning this daring act of piracy, Commodore Reed proceeded immediately to the spot, and receiving no satisfaction, either in the surrender of the murderers or the restoration of the plundered property, inflicted severe and merited chastisement on the barbarians.

It will be seen by the report of the Secretary of the navy respecting the disposition of our ships of war, that it has been deemed necessary to station a competent force on the coast of Africa, to prevent a fraudulent use of our flag by foreigners.

Recent experience has shown that the provisions in our existing laws which relate to the sale and transfer of American vessels while abroad, are 0023 23 extremely defective. Advantage has been taken of these defects to give to vessels wholly belonging to foreigners, and navigating the ocean, an apparent American ownership. The character has been so well simulated as to afford them comparative security in prosecuting the slave trade, a traffic emphatically denounced in our statutes, regarded with abhorrence by our citizens, and of which the effectual suppression is nowhere more sincerely desired than in the United States. These circumstances make it proper to recommend to your early attention a careful revision of these laws, so that, without impeding the freedom and facilities of our navigation, or impairing an important branch of our industry connected with it, the integrity and honor of our flag may be carefully preserved. Information derived from our Consul at Havana, showing the necessity of this, was communicated to a committee of the Senate near the close of the last session, but too late, as it appeared, to be acted upon. It will be brought to your notice by the proper department, with additional communications from other sources.

The latest accounts from the Exploring Expedition represent it as proceeding successfully in its objects, and promising results no less useful to trade and navigation than to science.

The extent of post roads covered by mail service on the 1st of July last, was about 133,999 miles, and the rate of annual transportation upon them 34,496,878 miles. The number of post offices on that day was 12,780, and on the 30th ultimo, 13,028.

The revenue of the Post Office Department for the year ending with the 30th of June last, was $4,476,638—exhibiting an increase over the preceding year of $241,560. The engagements and liabilities of the Department for the same period are $4,624,117.

The excess of liabilities over the revenue for the last two years has been met out of the surplus which had previously accumulated. The cash on hand on the 30th ultimo, was about $206,701 95, and the current income of the Department varies very little from the rate of current expenditures. Most of the service suspended last year has been restored, and most of the new routes established by the act of 7th July, 1938, have been set in operation at an annual cost of $136,963. Notwithstanding the pecuniary difficulties of the country, the revenue of the Department appears to be increasing; and unless it shall be seriously checked by the recent suspension of payment by so many of the banks, it will be able not only to maintain the present mail service, but in a short time to extend it. It is gratifying to witness the promptitude and fidelity with which the agents of this Department in general perform their public duties.

Some difficulties have arisen in relation to contracts for the transportation of the mails by railroad and steamboat companies. It appears that the maximum of compensation provided by Congress for the transportation of the mails upon railroads is not sufficient to induce some of the companies to convey them at such hours as are required for the accommodation of the public. It is one of the most important duties of the General Government to provide and maintain for the use of the people of the States the best practicable mail establishment. To arrive at that end it is indispensable that the Post Office Department shall be enabled to control the hours at which the mails shall be carried over railroads, as it now does over all other roads. Should serious inconveniencies arise from the inadequacy of the compensation now provided by law, or from unreasonable demands by any of the railroad companies, the subject is of such general importance as to require the prompt attention of Congress.

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In relation to steamboat lines, the most efficient remedy is obvious, and has been suggested by the Postmaster General. The War and Navy Departments already employ steamboats in their service, and although it is by no means desirable that the Government should undertake the transportation of passengers or freight as a business, there can be no reasonable objection to running boats, temporarily, whenever it may be necessary to put down attempts at extortion, to be discontinued as soon as reasonable contracts can be obtained.

The suggestions of the Postmaster General, relative to the inadequacy of the legal allowance to witnesses, in cases of prosecutions for mail depredations, merit your serious consideration. The safety of the mails requires that such prosecutions shall be efficient, and justice to the citizen whose time is required to be given to the public, demands not only that his expenses shall be paid, but that he shall receive a reasonable compensation.

The reports from the War, Navy, and Post Office Departments, will accompany this communication, and one from the Treasury Department will be presented to Congress in a few days.

For various details, in respect to the matters in charge of these departments, I would refer you to those important documents, satisfied that you will find in them many valuable suggestions, which will be found well deserving the attention of the Legislature.

From a report made in December, of last year, by the Secretary of State, to the Senate, showing the trial docket of each of the circuit courts, and the number of miles each judge has to travel in the performance of his duties, a great inequality appears in the amount of labor assigned to each judge. The number of terms to be held in each of the courts composing the ninth circuit, the distances between the places at which they sit, and from thence to the seat of Government, are represented to be such as to render it impossible for the judge of that circuit to perform, in a manner corresponding with the public exigencies, his term and circuit duties. A revision, therefore, of the present arrangement of the circuit, seems to be called for, and is recommended to your notice.

I think it proper to call your attention to the power assumed by Territorial Legislatures, to authorize the issue of bonds by corporate companies, on the guarantee of the Territory. Congress passed a law in 1836, providing that no act of a Territorial Legislature, incorporating banks, should have the force of law until approved by Congress, but acts of a very exceptionable character, previously passed by the Legislature of Florida, were suffered to remain in force, by virtue of which bonds may be issued to a very large amount by those institutions, upon the faith of the Territory. A resolution, intending to be a joint one, passed the Senate at the same session, expressing the sense of Congress that the laws in question ought not to be permitted to remain in force, unless amended in many material respects, but it failed in the House of Representatives for want of time, and the desired amendments have not been made. The interests involved are of great importance, and the subject deserves your early and careful attention.

The continued agitation of the question relative to the best mode of keeping and disbursing the public money, still injuriously affects the business of the country. The suspension of specie payments in 1837, rendered the use of deposite banks, as prescribed by the act of 1836, a source rather of embarrassment than aid, and of necessity placed the custody of most of the public 0025 25 money afterward collected, in charge of the public officers. The new securities for its safety, which this required, were a principal cause of my convening an extra session of Congress; but in consequence of a disagreement between the two Houses, neither then, nor at any subsequent period, has there been any legislation on the subject. The effort made at the last session to obtain the authority of Congress to punish the use of public money for private purposes as a crime, a measure attended under other Governments with signal advantage, was also unsuccessful, from diversities of opinion in that body, notwithstanding the anxiety doubtless felt by it to afford every practicable security. The result of this is still to leave the custody of the public money without those safeguards which have been for several years earnestly desired by the Executive; and as the remedy is only to be found in the action of the Legislature, it imposes on me the duty of again submitting to you the propriety of passing a law, providing for the safe keeping of the public moneys, and especially to ask that its use for private purposes by any officers intrusted with it, may be declared to be a felony, punishable with penalties proportioned to the magnitude of the offence.

These circumstances, added to known defects in the existing laws, and unusual derangement in the general operations of trade, have, during the test three years, much increased the difficulties attendant on the collection, keeping, and disbursement of the revenue, and called forth corresponding exertions from those having them in charge. Happily these have been successful beyond expectation. Vast sums have been collected and disbursed by the several Departments with unexpected cheapness and ease; transfers have been readily made to every part of the Union, however distant; and defalcations have been far less than might have been anticipated, from the absence of adequate legal restraints. Since the officers of the Treasury and Post Office Departments were charged with the custody of most of the public moneys received by them, there have been collected sixty-six millions of dollars, and, excluding the case of the late collector at New York, the aggregate amount of losses sustained in the collection cannot, it is believed, exceed sixty thousand dollars. The defalcation of the late collector at that city, of the extent and circumstances of which Congress has been fully informed, ran through all the modes of keeping the public money that have been hitherto in use, and was distinguished by an aggravated disregard of duty, that broke through the restraints of every system, and cannot, therefore, be usefully referred to as a test of the comparative safety of either. Additional information will also be furnished by the report of the Secretary of the Treasury, in reply to a call made upon that officer by the House of Representatives at the last session, requiring detailed information on the subject of defaults by public officers or agents under each Administration, from 1789 to 1837. This document will be submitted to you in a few days. The general results, (independent of the Post Office, which is kept separately, and will be stated by itself,) so far as they bear upon this subject, are, that the losses which have been, and are likely to be, sustained, by any class of agents, have been—the greatest by banks, including, as required in the resolution, their depreciated paper received for public dues; that the next largest have been by disbursing officers, and the least by collectors and receivers. If the losses on duty bonds are included, they alone will be threefold those by both collectors and receivers. Our whole experience, therefore, furnishes the strongest evidence that the desired legislation of Congress is alone wanting to ensure in those operations the highest degree of security and facility. Such 0026 26 also appears to hare been the experience of other nations. From the results of inquiries made by the Secretary of the Treasury, in regard to the practice among them, I am enabled to state that in twenty-two out of twenty-seven foreign Governments, from which undoubted information has been obtained, the public moneys are kept in charge of public officers. This concurrence of opinion in favor of that system, is perhaps as great as exists on any question of internal administration.

In the modes of business and official restraints on disbursing officers, no legal change, was produced by the suspension of specie payments. The report last referred to will be found to contain also much useful information in relation to this subject.

I have heretofore assigned to Congress my reasons for believing that the establishment of an Independent National Treasury, as contemplated by the Constitution, is necessary to the safe action of the Federal Government. The suspension of specie payments in 1837, by the banks having the custody of the public money, showed in so alarming a degree our dependance on those institutions for the performance of duties required by law, that I then recommended the entire dissolution of that connexion. This recommendation has been subjected, as I desired it should be, to severe scrutiny and animated discussion; and I allow myself to believe that, notwithstanding the natural diversities of opinion which may be anticipated on all subjects involving such important considerations, it has secured it its favor as general a concurrence of public sentiment as could be expected on one of such magnitude.

Recent events have also continued to develop new objections to such a connexion. Seldom is any bank, under the existing system and practice, able to meet, on demand, all its liabilities for deposites and notes in circulation. It maintains specie payments, and transacts a profitable business, only by the confidence of the public in its solvency; and whenever this is destroyed, the demands of its depositors and noteholders—pressed more rapidly than it can make collections from its debtors—force it to stop payment. This loss of confidence with its consequences occurred in 1837, and afforded the apology of the banks for their suspension. The public then acquiesced in the validity of the excuse; and, while the State Legislatures did not exact from them their forfeited charters, Congress, in accordance with the recommendation of the Executive, allowed them time to pay over the public money they held, although compelled to issue Treasury notes to supply the deficiency thus created.

It now appears that there are other motives than a want of public confidence under which the banks seek to justify themselves in a refusal to meet their obligations. Scarcely were the country and Government relieved, in a degree, from the difficulties occasioned by the general suspension of 1837, when a partial one, occurring within thirty months of the former, produced new and serious embarrassments, though it had no palliation in such circumstances as were alleged in justification of that which had previously taken place. There was nothing in the condition of the country to endanger a well managed banking institution; commerce was deranged by no foreign war; every branch of manufacturing industry was crowned with rich rewards; and the more than usual abundance of our harvests after supplying our domestic wants, had left our granaries and store-houses filled with a surplus for exportation. It is in the midst of this, that an irredeemable and depreciated paper currency is entailed upon the people by 0027 27 a large portion of the banks. They are not driven to it by the exhibition of a loss of public confidence, or of a sudden pressure from their depositors or noteholders, but they excuse themselves by alleging that the current of business and exchange with foreign countries, which draws the precious metals from their vaults, would require, in order to meet it, a larger curtailment of their loans to a comparatively small portion of the community than it will be convenient for them to bear, or, perhaps, safe for the banks to exact. The plea has ceased to be one of necessity. Convenience and policy are now deemed sufficient to warrant these institutions in disregarding their solemn obligations. Such conduct is not merely an injury to individual creditors, but it is a wrong to the whole community, from whose liberality they hold most valuable privileges, whose rights they violate, whose business they derange, and the value of whose property they render unstable and insecure. It must be evident that this new ground for bank suspensions, in reference to which their action is not only disconnected with, but wholly independent of, that of the public, gives a character to their suspensions more alarming than any which they exhibited before, and greatly increases the impropriety of relying on the banks in the transactions of the Government.

A large and highly respectable portion of our banking institutions are, it affords me unfeigned pleasure to state, exempted from all blame on account of this second delinquency. They have, to their great credit, not only continued to meet their engagements, but have even repudiated the grounds of suspension now resorted to. It is only by such a course that the confidence and good will of the community can be preserved, and, in the sequel, the best interests of the institutions themselves promoted.

New dangers to the banks are also daily disclosed from the extension of that system of extravagant credit of which they are the pillars. Formerly our foreign commerce was principally founded on an exchange of commodities, including the precious metals, and leaving in its transactions but little foreign debt. Such is not now the case. Aided by the facilities afforded by the banks, mere credit has become too commonly the basis of trade. Many of the banks themselves, not content with largely stimulating this system among others, have usurped the business, while they impair the stability of the mercantile community; they have become borrowers instead of lenders; they establish their agencies abroad; they deal largely in stocks and merchandise; they encourage the issue of State securities until the foreign market is glutted with them; and, unsatisfied with the legitimate use of their own capital and the exercise of their lawful privileges, they raise by large loans, additional means for every variety of speculation. The disasters attendant on this deviation from the former course of business in this country, are now shared alike by banks and individuals, to an extent of which there is perhaps no previous example in the annals of our country. So long as a willingness of the foreign lender, and a sufficient export of our productions to meet any necessary partial payments, leave the flow of credit undisturbed, all appears to be prosperous; but as soon as it is checked by any hesitation abroad, or by an inability to make payment there in our productions, the evils of the system are disclosed. The paper currency which might serve for domestic purposes, is useless to pay the debt due in Europe. Gold and silver are therefore drawn in exchange for their notes, from the banks. To keep up their supply of coin, these institutions are obliged to call upon their own debtors, who pay them 0028 28 principally in their own notes, which are as unavailable to them as they are to the merchants to meet the foreign demand. The calls of the banks, therefore, in such emergencies, of necessity, exceed that demand and produce a corresponding curtailment of their accommodations, and of the currency, at the very moment when the state of trade renders it most inconvenient to be borne. The intensity of this pressure on the community is in proportion to the previous liberality of credit and consequent expansion of the currency; forced sales of property are made at the time when the means of purchasing are most reduced, and the worst calamities to individuals are only at last arrested, by an open violation of their obligations by the banks, a refusal to pay specie for their notes, and an imposition upon the community of a fluctuating and depreciated currency.

These consequences are inherent in the present system. They are not influenced by the banks being large or small, created by National or State Governments. They are the results of the irresistible laws of trade and credit. In the recent events which have so strikingly illustrated the certain effects of these laws, we have seen the bank of the largest capital in the Union, established under a National charter, and lately strengthened, as we were authoritatively informed, by exchanging that for a State charter, with new and unusual privileges—in a condition too, as it was said, of entire soundness and great prosperity—not merely unable to resist these effects, but the first to yield to them.

Nor is it to be overlooked that there exists a chain of necessary dependance among these institutions which obliges them, to a great extent, to follow the course of others, notwithstanding its injustice to their own immediate creditors, or injury to the particular community in which they are placed. This dependence of a bank, which is in proportion to the extent of its debts for circulation and deposites, is not merely on others in its own vicinity, but on all those which connect it with the centre of trade. Distant banks may fail, without seriously affecting those in our principal commercial cities; but the failure of the latter is felt at the extremities of the Union. The suspension at New York, in 1837, was every where, with very few exceptions, followed, as soon as it was known; that recently at Philadelphia, immediately affected the banks of the south and west in a similar manner. This dependence of our whole banking system on the institutions in a few large cities, is not found in the laws of their organization, but in those of trade and exchange. The banks at that centre to which currency flows, and where it is required in payments for merchandise, hold the power of controlling those in regions whence it comes, while the latter possess no means of restraining them; so that the value of individual property, and the prosperity of trade, through the whole, interior of the country, are made to depend on the good or bad management of the banking institutions in the great seats of trade on the seaboard.

But this chain of dependance does not stop here. It does not terminate at Philadelphia or New York. It reaches across the ocean, and ends in London, the centre of the credit system. The same laws of trade, which give to the banks in our principal cities power over the whole banking system of the United Status, subject the former, in their turn, to the money power in Great Britain. It is not denied that the suspension of the New York banks in 1837, which was followed in quick succession throughout the Union, was produced by an application of that power; and it is now alleged, in extenuation of the present condition of so large a portion of our banks, that their embarrassments have arisen from the same cause.

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From this influence they cannot now entirely escape, for it has its origin in the credit currencies of the two countries; it is strengthened by the current of trade and exchange, which centres in London, and is rendered almost irresistible by the large debts contracted there by our merchants, our banks, and our States. It is thus that an introduction of a new bank into the most distant of our villages, places the business of that village within the influence of the money power in England. It is thus that every new debt which we contract in that country, seriously affects our own currency, and extends over the pursuits of our citizens its powerful influence. We cannot escape from this by making new banks, great or small, State or National. The same chains which bind those now existing to the centre of this system of paper credit, must equally fetter every similar institution we create. It is only by the extent to which this system has been pushed of late, that we have been made fully aware of its irresistible tendency to subject our own banks and currency to a vast controlling power in a foreign land; and it adds a new argument to those which illustrate their precarious situation. Endangered in the first place by their own mismanagement, and again by the conduct of every institution which connects them with the centre of trade in our own country, they are yet subjected, beyond all this, to the effect of whatever measures policy, necessity, or caprice, may induce those who control the credits of England to resort to. I mean not to comment upon these measures, present or past, and much less to discourage the prosecution of fair commercial dealing between the two countries, based on reciprocal benefits; but it having now been made manifest that the power of inflicting these and similar injuries, is, by the resistless law of a credit currency and credit trade, equally capable of extending their consequences through all the ramifications of our banking system, and by that means indirectly obtaining, particularly when our banks are used as depositories of the public moneys, a dangerous political influence in the United States, I have deemed it my duty to bring the subject to your notice, and ask for it your serious consideration.

Is an argument required beyond the exposition of these facts, to show the impropriety of using our banking institutions as depositories of the public money? Can we venture not only to encounter the risk of their individual and mutual mismanagement, but, at the same time, to place our foreign and domestic policy entirely under the control of a foreign moneyed interest? To do so, is to impair the independence of our Government, as the present credit system has already impaired the independence of our banks. It is to submit all its important operations, whether of peace or war, to be controlled or thwarted at first by our own banks, and then by a power abroad greater than themselves. I cannot bring myself to depict the humiliation to which this Government and people might be sooner or later reduced, if the means for defending their rights are to be made dependant upon those who may have the most powerful of motives to impair them.

Nor is it only in reference to the effect of this state of things on the independence of our Government or of our banks, that the subject presents itself for consideration; it is to be viewed also in its relations to the general trade of our country. The time is not long past when a deficiency of foreign crops was thought to afford a profitable market for the surplus of our industry; but now we await with feverish anxiety the news of the English harvest, not so much from motives of commendable sympathy, but fearful lest its anticipated failure should narrow the field of credit there. Does 0030 30 not this speak volumes to the patriot? Can a system be beneficent, wise, or just, which creates greater anxiety for interests dependant on foreign credit, than for the general prosperity of our own country, and the profitable exportation of the surplus produce of our labor?

The circumstances to which I have thus adverted appear to me to afford weighty reasons, developed by late events, to be added to those which I have on former occasions offered, when submitting to your better knowledge and discernment the propriety of separating the custody of the public money from banking institutions. Nor has any thing occurred to lessen, in my opinion, the force of what has been heretofore urged. The only ground on which that custody can be desired by the banks, is the profitable use which they may make of the money. Such use would be regarded in individuals as a breach of trust, or a crime of great magnitude, and yet it may be reasonably doubted whether, first and last, it is not attended with more mischievous consequences, when permitted to the former than to the latter. The practice of permitting the public money to be used by its keepers as here, is believed to be peculiar to this country, and to exist scarcely any where else. To procure it here, improper influences are appealed to; unwise connexions are established between the Government and vast numbers of powerful State institutions; other motives than the public good are brought to bear both on the Executive and Legislative departments, and selfish combinations, leading to special legislation, are formed. It is made the interest of banking institutions and their stockholders throughout the Union to use their exertions for the increase of taxation and the accumulation of a surplus revenue; and, while an excuse is afforded, the means are furnished for those excessive issues which lead to extravagant trading and speculation, and are the forerunners of a vast debt abroad, and a suspension of the banks at home.

Impressed, therefore, as I am, with the propriety of the funds of the Government being withdrawn from the private use of either banks or individuals, and the public money kept by duly appointed public agents; and believing, as I do, that such also is the judgment which discussion, reflection and experience have produced on the public mind, I leave the subject with you. It is, at all events, essential to the interests of the community and the business of the Government, that a decision should be made.

Most of the arguments that dissuade us from employing banks, in the custody and disbursement of the public money, apply with equal force to the receipt of their notes for public dues. The difference is only in form. In one instance, the Government is a creditor for its deposites, and in the other for the notes it holds. They afford the same opportunity for using the public moneys, and equally lead to all the evils attendant upon it, since a bank can as safely extend its discounts on a deposite of its notes in the hands of a public officer, as on one made in its own vaults. On the other hand, it would give to the Government no greater security, for in case of failure, the claim of the noteholder would be no better than that of a depositor.

I am aware that the danger of inconvenience to the public, and unreasonable pressure upon sound banks, have been urged as objections to requiring the payment of the revenue in gold and silver. These objections have been greatly exaggerated. From the best estimates we may safely fix the amount of specie in the country at eighty-five millions of dollars, and the 0031 31 portion of that which would be employed at any one time in the receipts and disbursements of the Government, even if the proposed change were made at once, would not, it is now, after fuller investigation, believed, exceed four or five millions. If title change were gradual, several years would elapse before that sum would be required, with annual opportunities in the mean time to alter the law, should experience prove it to be oppressive or inconvenient. The portions of the community on whose business the change would immediately operate, are comparatively small, nor is it believed that its effect would be in the least unjust or injurious to them.

In the payment of duties, which constitute by far the greater portion of the revenue, a very large proportion is derived from foreign commission houses and agents of foreign manufacturers, who sell the goods consigned to them, generally, at auction, and after paying the duties out of the avails, remit the rest abroad in specie or its equivalent. That the amount of duties should, in such cases, be also retained in specie, can hardly be made a matter of complaint. Our own importing merchants, by whom the residue of the duties is paid, are not only peculiarly interested in maintaining a sound currency, which the measure in question will especially promote, but are, from the nature of their dealings, best able to know when specie will be needed, and to procure it with the least difficulty or sacrifice. Residing, too, almost universally in places where the revenue is received, and where the drafts used by the Government for its disbursements must concentrate, they have every opportunity to obtain and use them in place of specie, should it be for their interest or convenience. Of the number of these drafts, and the facilities they may afford, as well as of the rapidity with which the public funds are drawn and disbursed, an idea may be formed from the fact that, of nearly twenty millions of dollars paid to collectors and receivers during the present year, the average amount in their hands at any one time has not exceeded a million and a half; and of the fifteen millions received by the collector of New York alone during the present year, the average amount held by him, subject to draft during each week, has been less than half a million.

The ease and safety of the operations of the Treasury in keeping the public money, are promoted by the application of its own drafts to the public dues. The objection arising from having them too long outstanding, might be obviated, and they yet made to afford to merchants and banks holding them an equivalent for specie, and in that way greatly lesson the amount actually required. Still less inconvenience will attend the requirement of specie in purchases of public lands. Such purchases, except when made on speculation, are, in general, but single transactions, rarely repeated by the same person; and it is a fact, that for the last year and a half, during which the notes of sound banks have been received, more than a moiety of these payments has been voluntarily made in specie, being a larger proportion than would have been required in three years under the graduation proposed.

It is moreover a principle, than which none is better settled by experience, that the supply of the precious metals will always be found adequate to the uses for which they are required. They abound in countries where no other currency is allowed. In our own States, where small notes are excluded, gold and silver supply their place. When driven to their hiding places by bank suspensions, a little firmness in the community soon restores them in a sufficient quantity for ordinary purposes. Postage and other 0032 32 public dues have been collected in coin, without serious inconvenience, even States where a depreciated paper currency has existed for years, and this, with the aid of Treasury notes for a part of the time, was done without interruption during the suspension of 1837. At the present moment the receipts and disbursements of the Government are made in legal currency in the largest portion of the Union—no one suggests a departure from this rule; and if it can now be successfully carried out, it will be surely attended with even less difficulty when bank notes are again redeemed in specie.

Indeed I cannot think that a serious objection would any where be raised to the receipt and payment of gold and silver in all public transactions, were it not from an apprehension that a surplus in the Treasury might withdraw a large portion of it from circulation, and lock it up unprofitably in the public vaults. It would not, in my opinion, be difficult to prevent such an inconvenience from occurring; but the authentic statements which I have already submitted to you in regard to the actual amount in the public Treasury at any one time during the period embraced in them, and the little probability of a different state of the Treasury for at least some years to come, seem to render it unnecessary to dwell upon it. Congress, moreover, as I have before observed, will in every year have an opportunity to guard against it, should the occurrence of any circumstances lead us to apprehend injury from this source. Viewing the subject in all its aspects, I cannot believe that any period will be more auspicious than the present for the adoption of all measures necessary to maintain the sanctity of our own engagements, and to aid in securing to the community that abundant supply of the precious metals which adds so much to their prosperity, and gives such increased stability to all their dealings.

In a country so commercial as ours, banks in some form will probably always exist; but this serves only to render it the more incumbent on us, notwithstanding the discouragements of the past, to strive in our respective stations to mitigate the evils they produce—to take from them, as rapidly as the obligations of public faith, and a careful consideration of the immediate interests of the community will permit, the unjust character of monopolies; to check, so far as may be practicable by prudent legislation, those temptations of interest, and those opportunities for their dangerous indulgence, which beset them on every side, and to confine them strictly to the performance of their paramount duty, that of aiding the operations of commerce, rather than consulting their own exclusive advantage. These and other salutary reforms may, it is believed, be accomplished without the violation of any of the great principles of the social compact, the observance of which is indispensable to its existence, or interfering in any way with the useful and profitable employment of real capital.

Institutions so framed have existed and still exist elsewhere, giving to commercial intercourse all necessary facilities, without inflating or depreciating the currency, or stimulating speculation. Thus accomplishing their legitimate ends, they have gained the surest guarantee for their protection and encouragement in the good will of the community. Among a people so just as ours the same results could not fait to attend a similar course. The direct supervision of the banks belongs, from the nature of our Government, to the States who authorize them. It is to their Legislatures that the people must mainly look for action on that subject. But as 0033 33 the conduct of the Federal Government in the management of its revenue has also a powerful though less immediate influence upon them, it becomes our duty to see that a proper direction is given to it. While the keeping of the public revenue in a separate and independent Treasury, and of collecting it in gold and silver, will have a salutary influence on the system of paper credit with which all banks are connected, and thus aid those that are sound and well managed, it will at the same time sensibly check such as are otherwise, by at once withholding the means of extravagance afforded by the public funds, and restraining them from excessive issues of notes which they would be constantly called upon to redeem.

I am aware it has been urged that this control may be best attained and exerted by means of a National Bank. The constitutional objections which I am well known to entertain would prevent me, in any event, from proposing or assenting to that remedy; but in addition to this, I cannot, after past experience, bring myself to think that it can any longer be extensively regarded as effective for such a purpose. The history of the late National Bank, through all its mutations, shows that it was not so. On the contrary, it may, after a careful consideration of the subject, be, I think, safely stated, that at every period of banking excess it took the lead that in 1817 and 1818, in 1823, in 1831, and in 1834, its vast expansions, followed by distressing contractions, led to those of the State institutions. It swelled and maddened the tides of the banking system, but seldom allayed, or safely directed them. At a few periods only was a salutary control exercised, but an eager desire, on the contrary, exhibited for profit in the first place; and if, afterward, its measures were severe towards other institutions, it was because its own safety compelled it to adopt them. It did not differ from them in principle or in form; its measures emanated from the same spirit of gain; it felt the same temptation to overissues; it suffered from, and was totally unable to avert, those inevitable laws of trade, by which it was itself affected equally with them; and, at least on one occasion, at an early day, it was saved only by extraordinary exertions from the same fate that attended the weakest institution it professed to supervise. In 1837 it failed, equally with others, in redeeming its notes, though the two years allowed by its charter for that purpose had not expired, a large amount of which remains to the present time outstanding. It is true, that having so vast a capital and strengthened by the use of all the revenues of the Government, it possessed more power; but while it was itself, by that circumstance, freed from the control which all banks require, its paramount object and inducement were left the same, to make the most for its stockholders, not to regulate the currency of the country. Nor has it, as far as we are advised, been found to be greatly otherwise elsewhere. The national character given to the Bank of England has not prevented excessive fluctuations in their currency, and it proved unable to keep off a suspension of specie payments, which lasted for nearly a quarter of a century. And why should we expect it to be otherwise? A national institution, though deriving its charter from a different source than the State banks, is yet constituted upon the same principles; is conducted by men equally exposed to temptation; and is liable to the same disasters; with the additional disadvantage, that its magnitude occasions an extent of confusion and distress, which the mismanagement of smaller institutions could not produce. It can scarcely be doubted, that the recent suspension of the United States Bank of Pennsylvania—of which the effects are felt, not in that State alone, but over half the Union—had its 3 0034 34 origin in a course of business commenced while it was a national institution; and there is no good reason for supposing, that the same consequences would not have followed, had it still derived its powers from the General Government. It is in Vain, when the influences and impulses are the same, to look for a difference in conduct or results. By such creations, we do, therefore, but increase the mass of paper credit and paper currency, without checking their attendant evils and fluctuations. The extent of power, and the efficiency of organization, which we give, so far from being beneficial, are in practice, positively injurious. They strengthen the chain of dependance throughout the Union, subject all parts more certainly to common disaster, and bind every bank more effectually, in the first instance, to those of our commercial cities, and, in the end, to a foreign power. In a word, I cannot but believe that, with the full understanding of the operations of our banking system, which experience has produced, public sentiment is not less opposed to the creation of a national bank, for purposes connected with currency and commerce, than for those connected with the fiscal operations of the Government.

Yet the commerce and currency of the country are suffering evils from the operations of the State banks which can not and ought not to be overlooked. By their means, we have been flooded with a depreciated paper, which it was evidently the design of the framers of the Constitution to prevent, when they required Congress to “coin money and regulate the value of foreign coins,” and when they forbade the States “to coin money, emit bills of credit, make any thing but gold and silver a tender in payment of debts,” or “pass any law impairing the obligation of contracts.” if they did not guard more explicitly against the present state of things, It was because they could not have anticipated that the few banks then existing were to swell to an extent which would expel to so great a degree the gold and silver, for which they had provided, from the channels of circulation, and fill them with a currency that defeats the objects they had in view. The remedy for this must chiefly rest with the States item whose legislation it has sprung. No good that might accrue in a particular case from the exercise of powers, not obviously conferred on the General Government, would authorize its interference, or justify a course that might, in the slightest degree, increase, at the expense of the State, the power of the Federal authorities—nor do I doubt that the States will apply the remedy. Within the last few years, events have appealed to them too strongly to be disregarded. They have seen that the Constitution, though theoretically adhered to, is subverted in practice; that while on the statute books there is no legal tender but gold and silver, no law impairing the obligations of contracts, yet that, in point of fact, the privileges conferred on banking corporations have made their notes the currency of the country; that the obligations imposed by these notes are violated under the impulses of interest or convenience; and that the number and power of the persons connected with these corporations, or placed under their influence, give them a fearful weight when their interest is in opposition to the spirit of the Constitution and laws. To the people it is immaterial whether these results are produced by open violations of the latter, or by the workings of a system of which the result is the same. An inflexible execution, even of the existing statutes of most of the States, would redress many evils now endured; would effectually show the banks the dangers of mismanagement which impunity encourages them to 0035 35 repeat; and would teach all corporations the useful lesson that they are the subject of the law and the servants of the people. What is still wanting to effect these objects must be sought in additional legislation; or, if that be inadequate, in such further constitutional grants or restrictions as may bring us back into the path from which we have so widely wandered.

In the mean time, it is the duty of the General Government to co-operate with the States, by a wise exercise of its constitutional powers, and the enforcement of its existing laws. The extent to which it may do so by further enactments, I have already adverted to, and the wisdom of Congress may yet enlarge them. But, above all, it is incumbent upon us to hold erect the principles of morality and law, constantly executing our own contracts in accordance with the provisions of the Constitution, and thus serving as a rallying point by which our whole country may be brought back to that safe and honored standard.

Our people will not long be insensible to the extent of the burdens entailed upon them by the false system that has been operating on their sanguine, energetic, and industrious character; nor to the means necessary to extricate themselves from these embarrassments. The weight which presses upon a large portion of the people and the States, is an enormous debt, foreign and domestic. The foreign debt of our States, corporations, and men of business, can scarcely be less than two hundred millions of dollars, requiring more than ten millions of dollars a year to pay the interest. This sum has to be paid out of the exports of the country, and must of necessity cut off imports to that extent, or plunge the country more deeply in debt from year to year. It is easy to see that the increase of this foreign debt must augment the annual demand on the exports to pay the interest, and to the same extent diminish the imports; and in proportion to the enlargement of the foreign debt, and the consequent increase of interest, must be the decrease of the import trade. In lieu of the comforts which it now brings us, we might have our gigantic banking institutions, and splendid, but, in many instances, profitless, railroads and canals, absorbing, to a great extent, in interest upon the capital borrowed to construct them, the surplus fruits of national industry for years to come, and securing to posterity no adequate return for the comforts which the labors of their hands might otherwise have secured. It is not by the increase of this debt that relief is to be sought, but in its diminution. Upon this point, there is, I am happy to say, hope before us; not so much in the return of confidence abroad, which will enable the States to borrow more money, as in a change of public feeling at home, which prompts our people to pause in their career, and think of the means by which debts are to be paid before they are contracted. If we would escape embarrassment, public and private, we must cease to run in debt, except for objects of necessity, or such as will yield a certain return. Let the faith of the States, corporations, and individuals, already pledged, be kept with the most punctilious regard. It is due to our national character, as well as to justice, that this should on the part of each be a fixed principle of conduct. But it behooves us all to be more chary in pledging it hereafter. By ceasing to run in debt, and applying the surplus of our crops and incomes to the discharge of existing obligations, buying less and selling more, and managing all affairs, public and private, with strict economy and frugality, we shall see our country soon recover from a temporary depression, arising not from natural and permanent causes, but from those I have enumerated, and advance with renewed, vigor in her ?areer of prosperity.

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Fortunately for us, at this moment, when the balance of trade is greatly against us, and the difficulty of meeting it enhanced by the disturbed state of our money affairs, the bounties of Providence have come to relieve us from the consequences of past errors. A faithful application of the immense results of the labors of the last season will afford partial relief for the present, and perseverance in the same course will, in due season, accomplish the rest. We have had full experience, in times past, of the extraordinary results which can, in this respect, be brought about in a short period, by the united and well directed efforts of a community like ours. Our surplus profits, the energy and industry of our population, and the wonderful advantages which Providence has bestowed upon our country, in its climate, its various productions, indispensable to other nations, will, in due time, afford abundant means to perfect the most useful of those objects, for which the States have been plunging themselves of late in embarrassment and debt, without imposing on ourselves or our children such fearful burdens.

But let it be indelibly engraved on our minds that relief is not to be found in expedients. Indebtedness cannot be lessened by borrowing more money, or by changing the form of the debt. The balance of trade is not to be turned in our favor by creating new demands upon us abroad. Our currency cannot be improved by the creation of new banks, or more issues from those which now exist. Although these devices sometimes appear to give temporary relief, they almost invariably aggravate the evil in the end. It is only by retrenchment and reform, by curtailing public and private expenditures, by paying our debts, and by reforming our banking system, that we are to expect effectual relief, security for the future, and an enduring prosperity. In shaping the institutions and policy of the General Government so as to promote, as far as it can with its limited powers, these important ends, you may rely on my most cordial co-operation.

That there should have been, in the progress of recent events, doubts in many quarters, and in some a heated opposition to every change, cannot surprise us. Doubts are properly attendant on all reform; and it is peculiarly in the nature of such abuses as we are now encountering, to seek to perpetuate their power by means of the influence they have been permitted to acquire. It is their result, if not their object, to gain for the few an ascendency over the many, by securing to them a monopoly of the currency, the medium through which most of the wants of mankind are supplied—to produce throughout society a chain of dependance which leads all classes to look to privileged associations for the means of speculation and extravagance,—to nourish, in preference to the manly virtues that give dignity to human nature, a craving desire for luxurious enjoyment and sudden wealth, which renders those who seek them dependant on those who supply them—to substitute for republican simplicity and economical habits a sickly appetite for effeminate indulgence, and an imitation of that reckless extravagance which impoverished and enslaved the industrious people of foreign lands; and at last, to fix upon us, instead of those equal political rights, the acquisition of which was alike the object and supposed reward of our revolutionary struggle, a system of exclusive privileges conferred by partial legislation. To remove the influences which had thus gradually grown up among us—to deprive them of their deceptive advantages—to test them by the light of wisdom and truth—to oppose the force which they concentrate in their support—all this was necessarily the work of time, even among a people so enlightened and pure as that of the United States. In most 0037 37 other countries, perhaps, it could only be accomplished through that series of revolutionary movements, which are too often found necessary to effect any great and radical reform; but it is the crowning merit of our institution&s, that they create and nourish, in the vast majority of our people, a disposition and a power peaceably to remedy abuses which have elsewhere caused the effusion of rivers of bloody and the sacrifice of thousands of the human race. The result thus far is most honorable to the self denial, the intelligence, and the patriotism of our citizens; it justifies the confident hope that they will carry through the reform which has been so well begun, and that they will go still farther than they have yet gone in illustrating the important truth, that a people as free and enlightened as ours, will, whenever it becomes necessary, show themselves to be indeed capable of self-government, by voluntarily adopting appropriate remedies for every abuse, and submitting to temporary sacrifices, however great, to ensure their permanent welfare.

My own exertions for the furtherance of these desirable objects have been bestowed throughout my official career with a zeal that is nourished by ardent wishes for the welfare of my country, and by an unlimited reliance on the wisdom that marks its ultimate decision on all great and controverted questions. Impressed with the solemn obligations imposed upon me by the Constitution, desirous also of laying before my fellow-citizens, with whose confidence and support I have been so highly honored, such measures as appear to me conducive to their prosperity—and anxious to submit to their fullest consideration the grounds upon which my opinions are formed, I have on this, as on preceding occasions, freely offered my views on these points of domestic policy that seems at the present time, most prominently to require the action of the Government. I know that they will receive from Congress that full and able consideration which the importance of the subjects merit, and I can repeat the assurance heretofore made, that I shall cheerfully and readily co-operate with you in every measure that will tend to promote the welfare of the Union.

M. VAN BUREN.

Washington , December 2, 1839.

The message was read.

On motion by Mr. Allen,

Ordered , That the message and the accompanying documents be printed; and that five thousand copies of the message and fifteen hundred copies of the message and accompanying documents, in addition to the usual number, be printed for the use of the Senate.

On motion by Mr. Benton,

Ordered , That five thousand copies of the message, in addition to the number already ordered, be printed for the use of the Senate.

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

To the Senate of the United States:

I herewith communicate to Congress copies of a letter from the Governor of Iowa to the Secretary of State, and of the documents transmitted with it, on the subject of a dispute respecting the boundary line between that Territory and the State of Missouri. The disagreement as to the extent of their respective jurisdictions has produced a state of such great 0038 38 excitement, that I think it necessary to invite your early attention to the report of the commissioner appointed to run the line in question, under the act of the 18th of June, 1838, which was sent to both Houses of Congress by the Secretary of State, on the 30th of January last.

M. VAN BUREN.

Washington City , December 23, 1839,

The message was read; and

Ordered , That it be printed with the accompanying documents.

The President laid before the Senate a report of the Secretary of the Treasury, made in compliance with a resolution of the Senate of March 2, 1839, on the expediency of making a change in the system of marine hospitals; which was read, referred to the Committee on Commerce, and ordered to be printed.

The President laid before the Senate a report of the Secretary of War, accompanied by a report of the acting Commissioner of Pensions, made in pursuance of a resolution of May 29, 1830, in relation to pensioners who shaft have made application for pensions or increase of pension; which was read, referred to the Committee on Pensions, and ordered to be printed.

The President laid before the Senate a report of the Secretary of State, transmitting, agreeably to law, returns of the collectors of the customs, exhibiting the number of American seamen registered for one year, commencing the 1st of October, 1839; which was read, referred to the Committee, on Commerce, and ordered to be printed.

The President laid before the Senate a report of the Secretary of the Treasury, made in compliance with a resolution of the Senate of the 19th of December, 1838, exhibiting the amount of salt imported into the United States since the year 1789, and the amount of drawback of duties paid on salt used in curing fish, beef, and pork, for export, and of bounties and allowances on fishing vessels; which was read, and referred to the Committee on Finance.

The President laid before the Senate a report of the Secretary of State, exhibiting, agreeably to law, statements of payments for certain incidental expenses; which was read, and ordered to be printed.

The President laid before the Senate a report of the Secretary of the Treasury, made agreeably to law, exhibiting the applicants for relief under the act for the relief of certain insolvent debtors of the United States; which was read, referred to the Committee on the Judiciary, and ordered to be printed.

The President laid before the Senate a report of the Secretary of the Treasury, transmitting, agreeably to law, a statement of the funds of the Chickasaw Indians; which was read, and ordered to be printed.

The President laid before the Senate the annual report of the Secretary of the Treasury on the state of the finances.

Ordered , That it be printed, and that five thousand copies, in addition to the usual number, be printed for the use of the Senate.

The President laid before the Senate a report of the Treasurer of the United States, transmitting, agreeably to law, copies of the Treasurer's accounts for the 3d and 4th quarters of the year 1838; which was ordered to be printed.

The President laid before the Senate a report of the Secretary of the Treasury, made in compliance with resolutions of the Senate passed the 0039 39 19th of April, 1838, in relation to the duties and actual services of officers employed in the collection of the customs; which was read, and referred to the Committee on Commerce.

Mr. Pierce submitted the following motion for consideration:

Resolved , That the Committee on Military Affairs be instructed to report (as soon as maybe convenient) a bill for the equalization of the pay of the officers of the line and the staff of the army.

Mr. Smith, of Indiana, submitted the following motion for consideration:

Resolved , That the Committee on Roads and Canals be instructed to inquire into the expediency of making an appropriation to continue the construction of the Cumberland road in the States of Ohio, Indiana, and Illinois, the ensuing year. And that said committee also inquire into the expediency of appropriating a sum of money sufficient to complete said road to Jefferson city, Missouri; to be paid over to the said States within whose limits the road is to be constructed, in annual instalments, as the same may he required to ensure an economical, energetic, and speedy completion of the work: Provided , The States will agree to accept the appropriation and apply it to the object intended, and discharge the General Government from any further appropriation: And provided, also , That the States have authority to lay and collect a toll on said road, sufficient to keep it in repair after its construction; and shall allow the arms and munitions of war of the General Government to pass on the same toll free.

On motion by Mr. Benton,

Ordered , That when the Senate adjourn it be to Friday next.

Mr. Crittenden presented the petition of Chilton Allan and William C. Sympson, representatives of James Sympson, deceased, praying the confirmation of their title to certain tracts of land; which was referred to the Committee on Private Land Claims.

Mr. Ruggles presented the petition of a number of citizens of Belfast, in the State of Maine, praying a reduction of the postage on letters; which was referred to the Committee on the Post Office and Post Roads.

Mr. Nicholas presented the memorial of the mayor, aldermen, and inhabitants of the city of New Orleans, praying the confirmation of their title to a tract of land lying within the limits of said city; which was referred to the Committee on the Judiciary.

Mr. Nicholas presented the memorial of the heirs of Anderson Lane, deceased, praying the confirmation of their title to a tract of land; which was referred to the Committee on Private Land Claims.

Mr. Wright presented the petition of a number of citizens of the Territory of Wisconsin, praying that Milwaukie may be made a port of entry; which was referred to the Committee on Commerce.

Mr. Wright submitted a document in relation to the claim of John Bosworth to a pension, which, together with his petition on the files of the Senate, was referred to the Committee on Pensions.

Mr. Hubbard presented the petition of Arthur Bronson, executor of Isaac Bronson, late of the city of New York, deceased, praying the commutation pay to which the deceased was entitled for services in the Revolutionary war; which was read, and referred to the Committee on Revolutionary Claims.

On motion by Mr. Wright,

Ordered , That the petition of William Redmond, on the files of the Senate, be referred to the Committee on Finance.

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On motion by Mr. Merrick,

Ordered , That the petition of the heir of John H. Stone, on the files of the Senate, be referred it the Committee on Revolutionary Claims.

On motion by Mr. Preston,

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

On motion by Mr. Nicholas,

Ordered , That the petition, of George de Passau, on the files of the last session, be referred to the Committee on Private Land Claims; and that the petition of Andrew C. Armstrong, also on file, be referred to the Committee on Naval Affairs.

On motion by Mr. Wall,

Ordered , That the papers on file relating to the claim of Joseph Morris, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Pierce,

Ordered , That the petition of David Green, on the files of the Senate, be referred to the Committee on Finance.

On motion by Mr. Preston,

Ordered , That the petition of Hill and Stagger, on the flies of the Senate, be referred to the Committee of Claims.

Agreeably to notice, Mr. Wright asked and obtained leave to bring in the following bills:

S. 1. A bill for the relief of William H. Robertson, Samuel H. Garrow, and J. W. Simonton;

S. 2. A bill for the relief of William A. Whitehead, late collector of the customs for the port of Key West.

The said bills were severally read the first and second times by unanimous consent, and, with the papers on file, referred to the Committee on Finance.

Agreeably to notice, Mr. Wright asked and obtained leave to bring in a bill (S. 3) more effectually to secure public money in the hands of officers and agents of the Government, and to punish public defaulters; which was read the first and second times by unanimous consent, referred to the Committee on Finance, and ordered to be printed.

Agreeably to notice, Mr. Walker asked and obtained leave to bring in the following bills:

S. 4. A bill to relinquish to the State of Mississippi the two per cent. fund accruing by the act for the admission of said State into the Union;

S. 5. A bill authorizing the relinquishment of the sixteenth sections granted for the use of schools, and the entry of other lands in lieu thereof;

S. 6. A bill to establish a standing and permanent pre-emption system, with sales in limited quantities to actual settlers, or the cultivators of adjacent tracts at reduced prices;

S. 7. A bill in relation to certain railways and rivers in the State of Mississippi.

The said bills were severally read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Wall asked and obtained leave to bring in the following bills:

S. 8. A bill to amend an act entitled “An act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes;”

0041 41

S. 9. A bill to prevent the counterfeiting of any foreign copper, gold, silvery or other coin; and to prevent the bringing into the United States, or uttering any counterfeit foreign copper, gold, silver, or other coin.

The said bills were severally read the first and second times by unanimous consent, and referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Clay, of Alabama, asked and obtained leave to bring the following bills:

S. 10. A bill providing for the reduction and graduation of the price of the public lands;

S. 11. A bill to relinquish to the State of Alabama the two per cent, fund reserved by the act for her admission into the Union, to be applied to the making of a road or roads leading to said State;

S. 12. A bill supplemental to the act entitled “An act to grant pre-emption rights to settlers on the public lands,” approved June 22, 1838;

S. 13. A bill to establish an additional land district in the State of Alabama.

The said bills were severally read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Prentiss asked and obtained leave to bring in a bill (S. 14) to establish a board of commissioners to hear and examine claims against the United States; which was read the first and second times by unanimous consent, and referred to the Committee of Claims.

Agreeably to notice, Mr. Prentiss asked and obtained leave to bring in the following bills:

S. 15. A bill granting a pension to Lemuel White;

S. 16. A bill for the relief of Margaret Barnes, widow of Elijah Barnes.

The said bills were severally read the first and second times by unanimous consent, and, with the papers on file, referred to the Committee on Pensions.

Agreeably to notice, Mr. Preston asked and obtained leave to bring in a bill (S. 17) allowing rations to Brigadier General John E. Wool and Colonel George Croghan, inspectors-general United States army; which was read the first and second times by unanimous consent, and referred to the Committee on Military Affairs.

Agreeably to notice, Mr. Hubbard asked and obtained leave to bring in a bill (S. 18) for the relief of Walter Loomis and Abel Gay, approved July 2, 1836; which was read the first and second times by unanimous consent, and, with the papers on file, referred to the Committee of Claims.

Agreeably to notice, Mr. Hubbard asked and obtained leave to bring in a bill (S. 19) for the relief of Samuel White; which was read the first and second times by unanimous consent, and, with the papers on file, referred to the Committee on Pensions.

Agreeably to notice, Mr. Crittenden asked and obtained leave to bring in a bill (S. 20) to authorize the purchase of stock for the United States in the Louisville and Portland Canal Company; which was read the first and second times by unanimous consent, and referred to the Committee on Roads and Canals.

Agreeably to notice, Mr. Smith, of Indiana, asked and obtained leave to bring in a bill (S. 21) for the relief of the legal representatives of Colonel Francis Vigo; which was read the first and second times by unanimous consents and, with the papers on file, referred to the Committee on Revolutionary Claims.

0042 42

Agreeably to notice, Mr. Smith, of Indiana, asked and obtained leave to bring in a bill (S. 22) to authorize the New Albany and Mount Carmel Railroad Company to enter, on a credit, a quantity of land to aid the company in the construction of a railroad from New Albany, in the State of Indiana, to Mount Carmel, in the State of Illinois, and for other purposes; which was read the first and second times by unanimous consent, and referred to the Committee on Roads and Canals.

Agreeably to notice, Mr. Sevier asked and obtained leave to bring in a bill (S. 23) to authorize the Secretary of War to adjust and pay to Benjamin Murphy, of Arkansas, the value of his corn, cattle, and hogs, taken by the Cherokee Indians in the month of December, 1828; which was read the first and second times by unanimous consent, and, with the papers on file, referred to the Committee on Indian Affairs.

Agreeably to notice, Mr. Sevier asked and obtained leave to bring in a bill (S. 24) the relief of Richard T. Banks, of the State of Arkansas; which was read the first and second times by unanimous consent, and referred to the Committee on Indian Affairs, with the papers on file.

Agreeably to notice, Mr. Davis asked and obtained leave to bring in a bill (S. 25) to refund the money paid to cancel the bonds given to secure duties upon vessels and their cargoes employed in the whale fishery, which was read the first and second times by unanimous consent, and referred to the Committee on Commerce.

On motion,

The Senate adjourned.

FRIDAY, December 27, 1839. Link to Annals.

The Hon. Richard M. Johnson, Vice President of the United States, resumed the Chair.

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

Washington , December 17, 1839.

Sir : I transmit, herewith, a report made to me by the Secretary of the Treasury, with accompanying documents, in regard to some difficulties which have occurred concerning the kind of papers deemed necessary to be provided by law for the use and protection of American vessels engaged in the whale fisheries; and would respectfully invite the consideration of Congress to some new legislation on a subject of so much interest and difficulty.

M. VAN BUREN.

Hon. Wm. R. King , President of the Senate .

The message was read, referred to the Committee on Commerce, and ordered to be printed.

The following messages were also received from the President of the United States, by Mr. Van Buren, his secretary:

To the Senate of the United States:

I transmit, herewith, a report from the Secretary of the Treasury, exhibiting certain transfers of appropriations that have been made in that 0043 43 department in pursuance of the Powers vested in the President of the United States by the act of Congress of the 3d of March, 1809, entitled “An act further to amend the several acts for the establishment and regulation of the Treasury, War, and Navy Departments.”

M. VAN BUREN.

City of Washington , December 4, 1839.

To the Senate of the United States:

I transmit, herewith, a report from the Secretary of War, which exhibits certain transfers of appropriations made in the War Department, under the authority conferred upon the President of the United States by the acts of Congress of March 3, 1809, and May 1, 1820, passed in addition to, and to amend the several acts for the establishment and regulation of the Treasury, War, and Navy Departments.

M. VAN BUREN.

City of Washington , December 4, 1839.

The said messages were read, and referred to the Committee on Finance.

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

To the Senate of the United States:

I transmit, herewith, to Congress a report from the Secretary of State, on the subject of the law providing for taking the sixth census of the United State, to which I invite your early attention.

M. VAN BUREN.

December 24, 1839.

The message was read, referred to the Committee on the Judiciary, and ordered to be printed.

The Vice President laid before the Senate a report of the Secretary of the Navy, made agreeably to law, showing the disbursements on account of the contingent expenses of the office of the Secretary of the Navy, and of the office of the Commissioners of the Navy, from the 30th of September, 1838, to the 1st of October, 1839; which was read, and referred to the Committee on Naval Affairs.

The Vice President laid before the Senate a report of the Secretary of the Treasury, made in compliance with a resolution of the Senate of the 16th of February, 1839, in relation to the execution of the act to regulate the deposites of public money, approved June 23, 1836; which was read, referred to the Committee on Finance, and ordered to be printed.

The Vice President laid before the Senate a report of the Secretary of the Treasury, accompanied by a copy of a report to the department of F. R. Hassler, superintendent of coast survey and of the work for preparing standard weights and measures; which was read.

Ordered , That it be printed, and that five hundred additional copies be printed for the use of the Senate.

The Vice President laid before the Senate a report of the Librarian of Congress, accompanied by a catalogue of all the laws, and of all the legislative and executive journals and documents of the several States and Territories now in the library; prepared in obedience to a resolution of the Senate of the 15th of February, 1839; which was read, and ordered to be printed.

0044 44

The vice President laid before the Senate a report of the Commissioner of Public Buildings, made agreeably to law, showing the application of the appropriations for the public buildings and other objects; which was read, and referred to the Committee on Public Buildings.

On motion by Mr. Hubbard,

Ordered , That the papers on the files of the Senate relating to the claim of Isaac Bronson, be referred to the Committee on Revolutionary Claims; and that the petition of John Burke and the petition of David Stone, severally on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Clay, of Alabama,

Ordered , That the petition of James McCrory, on the files of the Senate, be referred to the Committee on Revolutionary Claims; and that the petition of William Barclay, also on file, be referred to the Committee on Private Land Claims.

On motion by Mr. Smith, of Connecticut,

Ordered , That the petition of Margaret Leitch, on the files of the Senate, be referred to the Committee on Revolutionary Claims; and that the petitions of Daniel Root, John S. Billings, and Wareham Kingsley, be severally referred to the Committee on Pensions.

On motion by Mr. Roane,

Ordered , That the petition of William R. Johnson, executor of George Evans, the memorial of the representatives of William Teas, the petition of the representatives of William Megginson, the petition of the representatives of Richard Taliaferro, the petition of the representatives of George Gilmer, the memorial of John Spitfathom, and the petition of the executor of Thomas Griffin, heir-at-law of Corbin Griffin, on the files of the Senate, be severally referred to the Committee on Revolutionary Claims.

On motion by Mr. Roane,

Ordered , That the petition of Archibald S. Campbell, on the files of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Williams,

Ordered , That the petitions of Andrew Forrest and Henry Frye, on the files of the Senate, be severally referred to the Committee on Naval Affairs.

On motion by Mr. Wall,

Ordered , That the petition of Moses Elmer, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Calhoun,

Ordered , That the papers in the case of Edward Wade, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Smith, of Connecticut,

Ordered , That Jabez L. White have leave to withdraw his petition and papers.

On motion by Mr. Ruggles,

Ordered , That John H. Hall have leave to withdraw his petition and papers.

On motion by Mr. Benton,

Ordered , That so much of the message of the President of the United States as relates to military affairs, be referred to the Committee on Military Affairs.

Mr. Tappan submitted documents in relation to the claim of Jonathan H. Wallace to the confirmation of his title to a tract of land; which were referred to the Committee on Private Land Claims.

0045 45

Mr. Clay, of Alabama, presented the memorial of a number of citizens of Cherokee county, Alabama, praying that the right of pre-emption may be extended settlers on the sixteenth section, or school lands, and also the passage of a general pre-emption law; which was referred to the Committee on Public Lands.

Mr. Davis presented the petition of Nathaniel Jacobs, a soldier in the revolutionary army, praying to be allowed arrears of pension; which was referred to the Committee on Pensions.

Mr. Robinson presented the petition of William Osteen, praying the passage of a law to authorize the correction of an erroneous entry made by him at the land office in Shawneetown, or to be allowed to enter other lands in the same land district; which was referred to the Committee on Public Lands.

Mr. Robinson presented the petition of a number of the inhabitants of the counties of Albion and Edwards, in the State of Illinois, praying a donation of land to aid in the construction of the Mount Carmel and New Albany railroad; which was referred to the Committee on Roads and Canals.

Mr. Robinson presented the petition of Hezekiah Cunningham, praying remuneration for services performed and expenses incurred in the transporation of the mail; which was referred to the Committee on the Post Office and Post Roads.

Mr. Buchanan presented the petition of Daniel Palmer, who served as a soldier in the late war with Great Britain, praying an increase of pension; which was referred to the Committee on Pensions.

Mr. Buchanan presented the memorial of H. S. Rogers and others, members of the bar of the city of Pittsburg, praying that the salary of the district judge of the United States for the western district of Pennsylvania may be increased; which was referred to the Committee on the Judiciary.

Mr. Buchanan presented the petition of a number of citizens of Lancaster county, Pennsylvania, praying the establishment of a post route, which was referred to the Committee on the Post Office and Post Roads.

Mr. Buchanan presented the petition of Abraham Cook, a soldier in the revolutionary army, praying an increase of pension; which was referred to the Committee on Pensions.

Mr. Davis presented the memorial of Major Thomas Harrison, an officer in the late war with Great Britain, praying to be allowed an increase of pension, to take effect from the date of his principal wound or disability; which was referred to the Committee on Pensions.

Mr. Davis presented the memorial of Hail J. Kelly, a citizen of the State of Massachusetts, praying a grant of land in the Oregon Territory, for the purpose of establishing a colony in the said Territory.

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

Mr. Roane presented the memorial of the widow of T. J. C. Monroe, deceased, late assistant surgeon in the army of the United States, praying to be allowed a pension in consideration of the meritorious settees of her late husband; which was referred to the Committee on Pensions.

Mr. Williams presented the petition of Isaac Lilley, praying compensation for the illegal seizure, condemnation, and sale of his vessel by the United States' authorities, for an alleged violation of the laws on the subject of live oak timber; which was referred to the Committee of Claims.

Mr. Clay, of Alabama, presented the petition of Thomas L. Bone, praying the reimbursement of certain Treasury notes accidentally consumed by fire; which was referred to the Committee of Claims.

0046 46

Mr. Knight presented the petition of a number of merchants and navigators of the city of Providence, in the State of Rhode Island, praying an appropriation for improving the harbor of said city; which was referred to the Committee on Commerce.

Mr. Young presented the memorial of a number of citizens of Jersey county, Illinois, praying the establishment of a mail route; which was referred to the Committee on the Post Office and Post Roads.

Mr. Merrick, presented the memorial of a number of officers of the line of the army, praying that officers of the line may be placed on the same footing, as to pay and promotion, as officers of the staff; which was referred to the Committee on Military Affairs.

Mr. Merrick presented the petition of Samuel Forry, praying the aid of Congress in the publication of a work entitled the “Meteorological and Statistical Register.”

Ordered , That it be referred to a select committee to consist of three members, and that it be printed.

On motion,

It was agreed that the Vice President appoint the committee; and Mr. Calhoun, Mr. Linn, and Mr. Spence, were appointed accordingly.

Mr. Henderson presented the petition of Patrick and Thomas Riley, praying to be allowed the right of pre-emption to other lands, in lieu of those of which they were deprived by the location of the 16th section; which was referred to the Committee on Private Land Claims.

Mr. Benton submitted the following motion for consideration:

Resolved , That the Secretary of the Treasury be directed to communicate to the Senate, all the information which it is in the power of the department to obtain as to the value of the different State bonds in the London market; also, the value of the different railroad and canal stocks, of the respective States, in the home market.

Resolved , That the President of the United States be requested to obtain from the constituted authorities of Florida, and to communicate to the Senate, a statement of the amount of all the territorial bonds issued, and authorized to be issued, in that Territory; with copies from the journals of the Legislative Council showing any thing that was done in authorizing the issue of such bonds, with the names of the members of the Council at the time, and their votes in each case; the names of the Governors who may have approved laws for the issuing of territorial bonds, or who may have signed or endorsed the said bonds; also the purposes for which such bonds were issued, and when issued in favor of corporations, the names of the corporations, and of the corporators and their officers, and the use made of said bonds; and the present value of said bonds in the American and European markets, with the condition of the corporations which have had the use of said bonds, and how far they axe fulfilling the purposes for which they were created; also a statement of all the acts of incorporation which have been passed by the said Legislative Council of Florida, since the 3d day of March, 1823, and the acts in amendment thereof; and when and how the said acts were “ reported to President of the United States to be laid before Congress .”

Resolved , That the President of the United States be requested to cause the proper inquiries to be made of all disbursing officers and agents, and all contractors, (the Post Office Department inclusive,) to ascertain from them whether they have sold or exchanged the Government drafts, or 0047 47 other Government funds, or their own drafts on the Government, during the years 1838 and 1839, for paper money of the following descriptions:

1. Bank notes of the present Bank of the United States; and especially notes of a less denomination than twenty dollars;

2. Post notes of the present Bank of the United States; and especially any of such notes of a less denomination than one hundred dollars, also of a less denomination than twenty dollars, and which had been made payable at more than sixty days after date, or which were not due, or which had, been altered by the pen:

And if so, that they report the times and places of such sales or exchanges, and with whom made, and the amounts so sold or exchanged:

Also, that the President be requested to cause to be communicated to the Senate, the name of any disbursing officer, agent, or contractor, who shall fail to answer the foregoing inquiries in a reasonable time:

Also, that the President be requested to cause to be communicated to the Senate, a list of such Treasury, or Post Office drafts, in favor of disbursing officers, agents, or contractors for the years 1838 and 1839, as shall appear to have been sold; with the names of the endorsers and to whom paid:

Also, that the Secretary of the Treasury be directed to cause inquiries to be made of the deposit banks, since the general resumption of specie payments in 1938, whether the Government drafts which have been sold by disbursing Officers, agents, and contractors have been usually paid in specie; and if so, all the particulars as to the several sums, and total amount paid, to whom paid, and when, as nearly as can be stated.

Mr. Benton also submitted the following motion for consideration; which was ordered to be printed:

Resolved , That there is nothing in the Constitution of the United States which can authorize the Legislative power of the Union, to assume the debts of the States, which have been contracted for local objects and State purposes.

2. That the assumption of such debts either openly, by a direct promise to pay them, or disguisedly, by going security for their payment, or by creating surplus revenue, or applying the national funds to pay them, would be a gross and flagrant violation of the Constitution, wholly unwarranted by the letter or spirit of that instrument, and utterly repugnant to all the objects and purposes for which the Federal Union was formed.

3. That besides its flagrant unconstitutionality, such assumption would be unjust, unwise, impolitic, and dangerous, compelling the non indebted States to Incur burdens for others which they have refused to incur for themselves, diverting the national funds from national objects to State objects, anal thereby creating a necessity for loans or taxes or issues of federal paper money to supply the place of the funds so diverted; prostrating the barriers of economy, moderation, and safety in the creation of State debts by separating the function of contractor from that of payer of the debt, extinguishing the sense of responsibility in the contractor, and making the Federal Government the ultimate payer of all the obligations contracted by the States for their own purposes, establishing a dangerous precedent which must soon be followed up by new debts on the part of the States, and new assumptions on the part of the Federal Government; invading the rights and mortgaging the property of posterity, and loading unborn generations with debts not their own; creating a new national debt of large amount at the start, and of a nature to increase continually 0048 48 its own amount, and to perpetuate its own existence; begetting a spirit in Congress which must constantly cater for distributions by preventing necessary appropriations, and keeping up unnecessary taxes; laying the foundation for a new and excessive tariff of duties on foreign imports to Tall unequally on different parts of the Union, and most heavily on the planting, grain-growing, and provision-raising States, to their manifest injury and probable great discontent; involving disastrous consequences either to the Union itself, or to its members, as tending to the consolidation of the States, and their ultimate abject dependence on the federal head as the fountain of their, supplies; or, tending to the annihilation of the federal head itself, by stripping it of all its means of national defence and self support, and reducing it to the helpless imbecility of the old confederation; giving a new impulse to the delusive career, of the paper system, already in a state, of dangerous over-action; ensuring the establishment of another National Bank; and, finally, begetting a passion for periodical distributions of lands and money, and extensions of federal credit, which could find no limit to its demands until the national domain was exhausted, the Federal Treasury emptied, and the credit of the Union reduced to contempt.

4. That the debts of the States being now chiefly held by foreigners, and constituting a stock in foreign markets now greatly depreciated, any legislative attempt to obtain the assumption or securityship of the United States for their payment, or to provide for their payment out of the national funds, must have the effect of enhancing the value of that stock to the amount of a great many millions of dollars, to the enormous and undue advantage of foreign capitalists, and of jobbers and gamblers in stocks; thereby holding out inducement to foreigners to interfere in our affairs, and to bring all the influences of a moneyed power to operate upon public opinion, upon our elections, and upon State and Federal legislation, to produce a consummation so tempting to their cupidity, and so profitable to their interest.

5. That foreign interference and foreign influence, in all ages and in all countries, have been the bane and curse of free Governments; and that such interference and influence are far more dangerous in the insidious intervention of the moneyed power, than in the forcible invasions of fleets and armies.

6. That to close the door at once against all applications for such assumption, and to arrest at their source the vast tide of evils which would flow from it, it is necessary that the constituted authorities, without delay, shall resolve and declare their utter opposition to the proposal contained in the late London bankers' circular, in relation to State debts, contracted for local and State purposes; and recommending to the Congress of the United States to assume, or guaranty, or provide for, the ultimate payment of said debts.

On motion by Mr. Fulton,

Ordered , That so much of the message of the President of the United States. as relates to the public lands, be referred to the Committee on Public Lands.

On motion by Mr. Wall,

Ordered , That so much of the message of the President of the United States as relates to the judiciary, be referred to the Committee on the Judiciary.

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On motion by Mr. Wright,

Ordered , That so much of the message of the President of the United States as relates to the finances, be referred to the Committee on Finance.

On motion by Mr. Norvell,

Ordered , That so much of the message of the President of the United States as relates to the commerce and navigation of the United States, be referred to the Committee on Commerce.

On motion by Mr. Williams,

Ordered , That, so much of the message of the President of the United States as relates to naval affairs, be referred to the Committee on Naval Affairs.

On motion by Mr. Buchanan,

Ordered , That so much of the message of the President of the United States as relates to the foreign relations of the United States, be referred to the Committee on Foreign Relations.

On motion by Mr. Robinson,

Ordered , That so much of the message of the President of the United States as relates to the post offices and post roads, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Merrick,

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

Mr. Fulton submitted the following motion; which was considered by unanimous consent; and agreed to:

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of establishing ports of entry on the western border of the State of Arkansas, to be located on Red river and Arkansas river; and also, of entitling all foreign merchandise exported over land from those ports into Mexico to drawback.

Mr. Young submitted the following motion; which was considered by unanimous consent, and agreed to:

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of establishing a port of entry and delivery at the city of Cairo, in the State of Illinois.

Mr. Hubbard submitted the following motion; which was considered by unanimous consent, and agreed to:

Resolved , That the Committee on Pensions be instructed to inquire into the expediency of amending the acts of Congress granting pensions for disabilities incurred during the last war, so as to have the pensions of such invalids commence at the time their disability was received.

Mr. Tappan submitted the following motion for consideration:

Resolved , That a committee of three members be appointed, who, together with a like number to be appointed by the House of Representatives, shall direct the expenditure of all moneys appropriated to purchase books for the Library of Congress.

Agreeably to notice, Mr. Norvell asked and obtained leave to bring in a bill (S. 26) making grants of public lands to certain States for purposes of internal improvement; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Norvell asked and obtained leave to bring in a joint resolution (S. R. 1) authorizing the President of the United States to cause certain surveys to be made; which was read the first and second 4 0050 50 times, by unanimous consent, and referred to the Committee on Commerce.

Agreeably to notice, Mr. Norvell asked and obtained leave to bring in a bill (S. 27) for the relief of certain companies of Michigan militia; which was read the first and second times, by unanimous consent, and referred to the Committee on Military Affairs.

Agreeably to notice, Mr. Norvell asked and obtained leave to bring in a bill (S. 28) making appropriations for the completion of certain roads commenced by the United States, in the State of Michigan; which was read the first and second times, by unanimous consent, and referred to the Committee on Roads and Canals.

Agreeably to notice, Mr. Clay, of Alabama, asked and obtained leave to bring in the following bills:

S. 29. A bill for the relief of certain persons therein named;

S. 30. A bill for the relief of John McCartney;

S. 31. A bill for the relief of William Jones;

S. 32. A bill for the relief of Captain Snodgrass's company of Alabama volunteers;

S. 33. A bill for the relief of Richard Robertson.

The said bills were read the first and second times, by unanimous consent.

Ordered , That bill numbered 29 be referred to the Committee on the Post Office and Post Roads; that bill numbered 30 be referred to the Committee on Indian Affairs; that bill numbered 31 be referred to the Committee on Public Lands; that bill numbered 32 be referred to the Committee on Military Affairs; and that bill numbered 33 be referred to the Committee of Claims.

Agreeably to notice, Mr. Prentiss asked and obtained leave to bring in the following bills:

S. 34. A bill to authorize the payment of invalid pensions in certain cases;

S. 35. A bill granting a pension to David Waller.

The said bills were severally read the first and second times, by unanimous consent, and referred, with the papers on file, to the Committee on Pensions.

Agreeably to notice, Mr. Knight asked and obtained leave to bring in a bill (S. 36) for the relief of Samuel Warner; which was read the first and second times, by unanimous consent, and, with the papers on file, referred to the Committee on Naval Affairs.

Agreeably to notice, Mr. Linn asked and obtained leave to bring in the following bills:

S. 37. A bill to authorize payment to be made to certain Missouri volunteers for services in the year 1836;

S. 38. A bill for creating a new land district in the State of Missouri, and for changing the boundaries of the southwestern and western land districts in said State;

S. 39. A bill for the relief of Pierre Menard, Antoine Peltier and Joseph Placy.

The said bills were severally read the first and second times, by unanimous consent.

Ordered , That bill numbered 37 be referred to the Committee on Military Affairs; that bill numbered 38 be referred to the Committee on 0051 51 Public Lands; and that bill numbered 39 be referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Linn asked and obtained leave to bring in the following bills.

S. 40. A bill to confirm the title to a certain tract of land in the county of Mobile;

S. 41. A bill to confirm claims to lands in the district between the Rio Hondo and Sabine rivers;

S. 42. A bill to amend an act confirming certain land claims in the State of Michigan;

S. 43. A bill to settle the title to certain tracts of land in the State of Arkansas;

S. 44. A bill to confirm certain land claims in the Ouachita land district, in the State of Louisiana;

S. 45. A bill to continue in force the “Act for the final adjustment of private land claims in Missouri,” approved 9th July, 1832, and the act supplemental thereto, approved 2d March, 1833;

S. 46. A bill to transfer to the citizens of the parish of Concordia, in the State of Louisiana, the interest of the United States to a certain tract of land;

S. 47. A bill to authorize the issuing of a patent to the heirs or legal representatives of Francis Rivard, deceased;

S. 48. A bill confirming certain land claims in Louisiana;

S. 49. A bill for the relief of Obed P. Lacy;

S. 50. A bill to authorize John E. Metcalf, and others, to locate certain pre-emption claims to land in Indiana;

S. 51. A bill for the relief of Jean Baptiste Grainger;

S. 52. A bill for the relief of Charles Morgan;

S. 53. A bill for the relief of Charles Morgan, of Louisiana;

S. 54. A bill for the relief of Joseph Cochran;

S. 55. A bill for the relief of the heirs of Madam de Lusser and their legal representatives;

S. 56. A bill for the relief of Alvarez Fisk, and the legal representatives of Thomas P. Eskridge;

S. 57. A bill for the relief of Francis Laventure, Ebenezer Childs, and Linus Thompson;

S. 58. A bill for the relief of Juan Belgar;

S. 59. A bill for the relief of the legal representatives of Elihu Hall Bay;

S. 60. A bill for the relief of Daniel Marsaque;

S. 61. A bill for the relief of the legal heirs and representatives of William Conway;

S. 62. A bill for the relief of Pierre Babin;

S. 63. A bill for the relief of Madam de Lusser;

S. 64. A bill for the relief of Joseph Campau;

S. 65. A bill authorizing a patent to be issued to Joseph Campau for a certain tract of land in the State of Michigan;

S. 66. A bill to confirm certain land claims in the Greensburg land district, State of Louisiana;

S. 67. A bill for the relief of Joseph Bogy;

S. 68. A bill for the relief of Sebastian Butcher, and the heirs and legal representatives of Bartholomew Butcher, Michael Butcher, and Peter Bloom;

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S. 69. A bill supplementary to an act entitled “An act to amend an act for the appointment of commissioners to adjust the claims to reservations of land under the 14th artiele of the treaty of 1830, with the Choctaw Indians.”

The said bill were read the first and second times, by unanimous consent, and, with the papers on file, relating thereto, referred to the Committee on Private Land Claims.

Agreeably to notice, Mr. Benton asked and obtained leave to bring in a bill (S. 70) for the more easy collection of small bank notes within the District of Columbia; which was read the first and second times, by unanimous consent, and referred to the Committee on Finance.

Agreeably to notice, Mr. Benton asked and obtained leave to bring in a bill (S. 71) to repeal the act entitled “An act laying a duty on imported salt, granting a bounty on pickled fish exported, and allowances to certain vessels employed in the fisheries,” approved July 29, 1813, and to repeal all acts in continuation or amendment of the same; which was read the first and second times, by unanimous consent, and referred to the Committee, on Finance.

Agreeably to notice, Mr. Fulton asked and obtained leave to bring in the following bills:

S. 72. A bill for the relief of sundry citizens of Arkansas who lost their improvements in consequence of a treaty between the United States and the Choctaw Indians;

S. 73. A bill to revive an act authorizing certain soldiers in the late war to surrender the bounty lands drawn by them, and to locate others in lieu thereof, and for other purposes;

S. 74. A bill to authorize the inhabitants of township 8 north, range 32 west, in the State of Arkansas, to enter a section of land in lieu of the 16th section in said township, upon condition that the same is surrendered to the United States for military purposes.

The said bills were read the first and second times, by unanimous consent, and, with the papers on file, referred to the Committee on Public Lands.

Agreeably to notice, Mr. Fulton asked and obtained leave to bring in the following bills:

S. 75. A bill to settle the title to certain tracts of land in the State of Arkansas;

S. 76. A bill making appropriations to complete certain military roads in the State of Arkansas.

The said bills were read the first and second times by unanimous consent.

Ordered , That bill numbered 75 be referred to the Committee on Private Land Claims; and that bill numbered 76 be referred to the Committee on Roads and Canals.

Agreeably to notice, Mr. Robinson asked and obtained leave to bring in a bill (S. 77) for the relief of A. G. S. Wight; which was read the first and second times, by unanimous consent, and, with the accompanying document, referred to the Committee on the Post Office and Post Roads.

Agreeably to notice, Mr. Young asked and obtained leave to bring in the following bills:

S. 78. A bill granting to the State of Illinois the right of way through the public lands of the United States, and for other purposes;

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S. 79. A bill authorizing the President of the United States to cause the reserved lead mines belonging to the United States in the several States and Territories, to be sold as other public lands;

S. 80. A bill for the relief of Isabella Hill, widow, and John Hill, Elizabeth Hill, and Samuel Hill, children and minor heirs-at-law of Samuel Hill, deceased;

S. 81. A bill for the relief of James Dutton;

S. 82. A bill for the relief of Jane Waller.

The said bills were read the first and second times, by unanimous consent, and, with the documents on file, referred to the Committee on Public Lands.

Agreeably to notice, Mr. Young asked and obtained leave to bring in the following bills:

S. 83. A bill for the relief of Ephraim Sprague.

S. 84. A bill for the relief of Thomas H. Owen, John W. Skidmore, and others.

The said bills were severally read the first and second times, by unanimous consent.

Ordered , That the bill numbered 83 be referred to the Committee of Claims; and that the bill numbered 84 be referred to the Committee on the Post Office and Post Roads.

Agreeably to notice, Mr. Roane asked and obtained leave to bring in a bill (S. 85) giving the assent of Congress to the acts of the General Assembly of the State of Virginia, incorporating the Falmouth and Alexandria Railroad Company, and for other purposes; which was read the first and second times, by unanimous consent, and referred to the Committee on the District of Columbia.

Mr. Hubbard, from the Committee of Claims, to whom were referred the bill (S. 14) to establish a board of commissioners to hear and examine claims against the United States; and the bill (S. 18) in addition to the act for the relief of Walter Loomis and Abel Gay, approved July 2, 1836, reported them severally without amendment.

Ordered , That the report and papers in the case of Loomis and Gay be printed.

Mr. Wall, from the Committee on the Judiciary, to whom were referred the bill (S. 8) to amend an act entitled “An act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes;” and the bill (S. 9) to prevent the counterfeiting of any foreign copper, gold, silver, or other coin, and to prevent the bringing into the United States, or uttering, any counterfeit foreign copper, gold, silver, or other coin, reported them, severally, without amendment.

The Senate proceeded to consider the motion submitted by Mr. Davis, on the 18th instant, in relation to duties on whaling vessels; and agreed thereto.

The Senate proceeded to consider the motion submitted the 9th instant by Mr. Tappan, in relation to the grant of half pay to certain officers of the army; and agreed thereto.

On motion by Mr. Smith, of Indiana,

The Senate adjourned.

MONDAY, December 30, 1839 Link to Annals.

The Vice President laid before the Senate a report of the Secretary of the Senate, made agreeably to law, accompanied by a statement of the expenditures from the contingent fund of the Senate for the year ending December 3, 1839; which was read, and ordered to be printed.

The Vice President laid before the Senate a report of the Secretary of State, made in compliance with a resolution of the Senate of the 29th of December, 1838, on the nature and extent of the privileges and restrictions of the commercial intercourse of the United States with foreign nations; which was read, and referred to the Committee on Finance.

The Vice President laid before the Senate the following reports:

1. A report of the Secretary of War, transmitting statements showing the contingent expenses of the War Department, and of the officers and bureaus attached thereto, during the year ending September 30, 1839;

2. A report of the Secretary of the Navy, transmitting statements showing the contingent expenses of the naval establishment for the year ending September 30, 1839.

Ordered , That they be printed.

The Vice President laid before the Senate a report of the Secretary of the Treasury, transmitting a report of the Commissioner of the General Land Office, showing the operations of that office since the 17th of December, 1838; which was read.

Ordered , That the report and the accompanying documents, with maps be printed; that five hundred additional copies be printed for the use of the Senate, and five hundred additional copies be printed for the use of the General Land Office.

A message from the House of Representatives, by Mr. Burche, assistant Clerk;

Mr. President: The House of Representatives concur in the resolution, passed by the Senate, for the appointment of chaplains to Congress during the present session.

Mr. Walker presented the memorial of a number of citizens of Brandon and vicinity, of Rankin county, in the State of Mississippi, praying the establishment of a mail route; which was referred to the Committee on the Post Office and Post Roads.

Mr. Knight presented the petition, of Betsey Vial, widow of John Vial, deceased, late an officer in the army of the revolution, praying a pension in consideration of the services of her deceased husband; which was referred to the Committee on Pensions.

Mr. Linn presented the petition of Wilson P. Hunt, praying the passage of an act authorizing the issue of a patent to him for a tract of land in the State of Missouri; which was referred to the Committee on Private Land Claims.

Mr. Linn presented the memorial of the General Assembly of the State of Missouri, praying that the right of pre-emption may be granted to the settlers on the public lands within the limits of that State; which was referred to the Committee on Public Lands.

Mr. Linn presented the memorial of the General Assembly of the State of Missouri, praying that certain reserved sections of public lands may be surveyed and sold, and that the right of pre-emption may be granted to the settlers on the Same; which was referred to the Committee on Public Lands.

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Mr. Linn presented the memorial of the General Assembly of the State of Missouri, praying a grant of land to aid in the establishment of an asylum to educate the deaf and dumb; which was referred to the Committee on Public Lands.

Mr. Linn presented resolutions passed by the General Assembly of the State of Missouri, requesting the Senators and Representatives of the said State in Congress, to use their exertions to procure the passage of an act for the immediate location and construction of the national road to the seat of Government of that State; which were referred to the Committee on Roads and Canals.

Mr. Linn presented the memorial of the General Assembly of the State of Missouri, praying that an alteration may be made in the mode of issuing patents for lands, so that patents may issue free of expense to the purchasers; which was referred to the Committee on Public Lands.

Mr. Hubbard presented the petition of Francis Martin, a lieutenant in the revenue service of the United States, praying an allowance of extra pay for services performed out of the line of his regular duty; which was referred to the Committee on Naval Affairs.

Mr. Hubbard presented the memorial of Charles G. Livermore and others, engaged in the manufacture of wool, praying a revision of the laws for the collection of duties; which was referred to the Committee on Manufactures.

Mr. Davis presented the memorial of Josiah Sturgis and others, officers and seamen of the revenue cutter service, praying that the provisions of the navy pension laws may be extended to the officers and seamen attached to the revenue service; which was referred to the Committee on Commerce.

Mr. Davis presented the memorial of Aaron Vail, praying the passage of an act authorizing the accounting officers of the Treasury, to adjust the accounts of Aaron Vail, deceased, late consul of the United States at L'Orient, upon the principles of equity and justice; which was referred to the Committee on Commerce.

Mr. Crittenden presented the memorial of a number of the citizens of Paducah, McCraken county, Kentucky, praying that Francis A. Harrison, postmaster at that place, may be secured against loss from the destruction of the post Office by fire; which was referred to the Committee on the Post Office and Post Roads.

Mr. Southard presented the memorial of John W. Simonton, John Whitehead, and others, heirs and legal representatives of Parden C. Greene, and J. W. C. Fleming, deceased, owners and proprietors of the island of Key West, praying remuneration for losses sustained in consequence of the occupation of their property by the United states as a naval station; which was referred to the Committee on Naval Affairs.

Mr. Southard presented the petition of Jacob Kerr, praying remuneration in lands or money for the loss of sundry bounty land warrants of which he has been defrauded by the dishonesty of a Government agent; which was referred to the Committee on Private Land Claims.

Mr. Southard presented the petition of Reynell Coates and Walter R. Johnson, praying remuneration for expenses incurred in their outfit as members of the scientific corps of the South sea exploring expedition; also, for services performed while acting in that capacity: which was referred to the Committee on Naval Affairs.

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Mr. Southard presented the petition of the widow of Elijah J. Weed, deceased, late quartermaster in the United States marine corps, praying to be allowed half the monthly pay to which her husband was entitled at the time of his death, agreeably to the provisions of the act of 3d March, 1837; which was referred to the Committee on Naval Affairs.

Mr. Buchanan presented the memorial of Benton Kingsberry and others, praying a reduction of the postage on letters; which was referred to the Committee on the Post Office and Post Roads.

Mr. Mouton presented the petition of the heirs and representatives of Thomas Power, deceased, praying to be allowed to locate other lands of equal Value with those of which they have been deprived by the operation of the pre-emption laws; which was referred to the Committee on Private Land Claims.

Mr. Roane presented the petition of the legal representatives of Nimrod Farrow, and Richard Harris, deceased, praying remuneration for losses sustained by them under a contract with the Government; which was referred to the Committee of Claims.

Mr. Roane presented the memorial of the Friendship Fire Company of Alexandria, in the District of Columbia, praying an appropriation for the purchase of fire apparatus; which was referred to the Committee on the District of Columbia.

Mr. Roane presented the memorial of George Taylor, praying the consideration of Congress to his claim for indemnity for spoliations committed by France prior to the year 1800; which was referred to the Committee on Commerce.

Mr. Pierce presented the petition of Thomas D. Morrison, a soldier in the late war with Great Britain, praying to be allowed arrears of pension; which was referred to the Committee on Pensions.

Mr. Pierce submitted documents in relation to the claim of David Green, to the reimbursement of a sum of money paid to satisfy a judgment recovered against him on a custom-house bond; which were referred to the Committee on Finance.

Mr. Allen presented the petition and documents of George C. Johnston, praying the payment of a debt due to him by the Shawnee Indians for supplies and goods furnished prior to the cession of their lands to the United States; which were referred to the Committee on Indian Affairs.

Mr. Benton presented the petition of John Paul, a soldier during the war of the revolution, praying a pension; which was referred to the Committee on Pensions.

Mr. Mouton presented a resolution passed by the Senate and House of Representatives of the State of Louisiana, instructing the Senators and requesting the Representatives of said State in Congress, to urge upon that body the propriety of constructing a levee upon the south bank of Red river; and, also, the propriety of making an appropriation to open the Bayou L'Eau Bleue; also, a preamble and resolution instructing the Senators and requesting the Representatives of said State in Congress, to use their exertions to procure the passage of a law giving the claimants under Spanish and French grants, and purchasers of land from Indian tribes, the right to test the validity of their claims before the judiciary of the United States, upon principles of equity and justice; and, also, a resolution relative to the sixteenth sections or school lands.

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Ordered , That the first and third of said resolutions be referred to the Committee on Public Lands; that the second be referred to the Committee on Private Land Claims; and that the resolutions be printed.

On motion by Mr. Calhoun,

Ordered , That the petition of Frances Moore, and the petition of W. W. Williams, be severally referred to the Committee on Revolutionary Claims.

On motion by Mr. Roane,

Ordered , That the petitions of John Jordan, John Ramsay, Frederick Seigle, and Thomas Powell, on the files of the Senate, be severally referred to the Committee on Revolutionary Claims.

On motion by Mr. King,

Ordered , That the petition of Samuel H. Thompson, on the files of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Allen,

Ordered , That the petition of David Taylor, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Southard,

Ordered , That the petition of William Easby, on the files of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. King,

Ordered , That A. P. King and Henry Lucas, have leave to withdraw their petition and papers.

Mr. Davis, from the Committee on Commerce, to whom was referred the bill (S. 25) to refund the money paid to cancel the bonds to secure duties upon vessels and their cargoes employed in the whale fishery, reported it without amendment.

Mr. Norvell, from the Committee on Commerce, to whom was referred resolution (S. 1) authorizing the President of the United States to cause certain surveys to be made, reported it without amendment.

Mr. Wright, from the Committee on Finance, to whom were referred a bill (S. 1) for the relief of William H. Robertson; and a bill (S. 2) for the relief of William A. Whitehead, late collector of the customs for the port of Key West, reported them, severally, without amendment.

Agreeably to notice, Mr. Clay, of Alabama, asked and obtained leave to bring in the following bills:

S. 86. A bill for the benefit of the Selma and Tennessee Railroad Company;

S. 87. A bill for the benefit of the Alabama, Florida, and Georgia Railroad Company;

S. 88. A bill for the benefit of the Gainesville and Narkeeta Railroad Company;

S. 89. A bill to grant to the States and incorporated companies engaged in the construction of roads or canals, the right of way through the public lands of the United States.

The said bills were severally read the first and second times, by unanimous consent, and referred to the Committee on Roads and Canals.

Agreeably to notice, Mr. Clay, of Alabama, asked and obtained leave to bring in the following bills:

S. 90. A bill to relinquish certain reversionary interests of the United States to a certain reservation in the State of Alabama;

S. 91. A bill for the relief of the heirs of Colin Bishop;

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S. 92. A bill for the discontinuance of the office of the surveyor-general in the several districts, so soon as the surveys therein can be completed, for abolishing land offices under certain circumstances, and to abolish the office of Solicitor of the General Land Office;

S. 93. A bill for the relief of the assignees of Louis Baron de Ferriet.

The said bills were read the first and second times, by unanimous consent.

Ordered , That bills numbered 90 and 92 be referred to the Committee on Public Lands; that bill numbered 91 be referred to the Committee on the Post Office and Post Roads; and that bill numbered 93 be referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Linn asked and obtained leave to bring in a bill (S. 94) for the relief of General Matthew Arbuckle; which was read the first and second times, by unanimous consent, and referred to the Committee on Private Land Claims.

Agreeably to notice, Mr. Prentiss asked and obtained leave to bring in the following bills:

S. 95. A bill to revive and continue in force an act entitled “An act to provide for persons who were disabled by known wounds received in the revolutionary war;”

S. 96. A bill for the relief of John McCloud.

The said bills were severally read the first and second times, by unanimous consent, and referred to the Committee on Pensions.

Agreeably to notice, Mr. Sevier asked and obtained leave to bring in a bill (S. 97) making an appropriation to complete the removal of the raft of Red river, and for other purposes; which was read the first and second times, by unanimous consent, and referred to the Committee on Commerce.

Agreeably to notice, Mr. Buchanan asked and obtained leave to bring in a bill (S. 98) for the relief of Samuel H. Slaymaker; which was read the first and second times, by unanimous consent, and with the documents on file, referred to the Committee on the Post Office and Post Roads.

Agreeably to notice, Mr. Williams asked and obtained leave to bring in a bill (S. 99) to repeal certain acts respecting navy pensions, and making further provisions in relation to navy pensions; also, a bill (S. 100) to regulate the pay of masters in the navy; which were severally read the first and second times, by unanimous consent, and referred to the Committee on Naval Affairs.

Agreeably to notice, Mr. Norvell asked and obtained leave to bring in a bill (S. 101) for the relief of Jared W. Beeson and others; which was read the first and second times, by unanimous consent, and referred to the Committee on Military Affairs.

Agreeably to notice, Mr. Norvell asked and obtained leave to bring in the following bills:

S. 102. A bill granting to the county of Kalamazoo, in the State of Michigan, the right of pre-emption to a quarter section of land, and for other purposes;

S. 103. A bill granting to certain persons therein named, the right of pre-emption to a fraction of a section of land in Ottowa county, in the State of Michigan.

The said bills were read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

0059 59

Agreeably to notice, Mr. Strange asked and obtained leave to bring in a bill (S. 104) for the relief of William Lefever, of North Carolina; which was read the first and second times, by unanimous consent, and referred to the Committee on Pensions.

Agreeably to notice, Mr. Clayton asked and obtained leave to bring in a bill (S. 105) for the relief of Irvine Shubrick; which was read the first and second times, by unanimous consent, and referred to the Committee on Naval Affairs.

Agreeably to notice, Mr. Hubbard asked and obtained leave to bring in the following bills:

S. 106. A bill for the relief of Malachi Hagan, of the Territory of Florida;

S. 107. A bill for the relief of Joseph M. Hernandez;

S. 108. A bill for the relief of Philip Weademann, of the Territory of Florida;

S. 109. A bill for the relief of the legal representative of John J. Bulow, jr., deceased;

S. 110. A bill to provide for the payment of damages sustained by individuals by the wars with the Indian tribes since 1830.

The said bills were read the first and second times, by unanimous consent, and, with the Papers on file, referred to the Committee of Claims.

Agreeably to notice, Mr. Tappan asked and obtained leave to bring in a resolution (S. 2) proposing an amendment to the Constitution of the United States, so as to limit the term of office of the judges of the Supreme and inferior courts; which was read, passed to the second reading, and ordered to be primed.

Mr. Merrick submitted the following motion; which was considered, by unanimous consent, and agreed to:

Resolved , That the President of the United States be requested to cause to be communicated to the Senate, a statement showing, in a condensed form, the amount drawn from the Treasury in each year of the five years immediately preceding the commencement of the present session of Congress, in consequence of special legislation by Congress upon private claims.

The Senate proceeded to consider the motion submitted by Mr. Benton, the 4th instant, relating to the proceedings of the court of inquiry, and of the court martial on Lieut. Col. Brant; and agreed thereto.

The Senate proceeded to consider the motion submitted by Mr. Benton, the 4th instant, in relation to drawbacks allowed since 1833; and agreed thereto.

The Senate proceeded to consider the motion submitted by Mr. Benton, the 4th instant, in relation to the banks in the United States which have stopped payment during the suspension of 1839; and agreed thereto.

The Senate proceeded to consider the motion submitted by Mr. Benton, the 4th instant, in relation to the Louisville and Portland Canal, which having been modified by the mover, and amended on the motion of Mr. Smith, of Indiana, was agreed to, as follows:

Resolved , That the Secretary of the Treasury be directed to communicate to the Senate, all the information which may be in his power or possession, relating to the imposition of tolls, and the annual amounts collected on all sorts of vessels, empty, light, or heavily laden, on the Louisville and Portland canal, from the opening of the same to the 0060 60 present time, and the annual expenses attending the canal; also the annual amount of dividends belonging to the United States; also the number of shares held in said canal stock by the United States, and the amount paid upon them; also the number of vessels of an kinds which have passed the said canal annually, since it was opened; also whether the said canal is completely finished, and put into a condition to pass vessels through in the shortest time practicable.

Resolved , That the Secretary of the Treasury be directed to address proper queries to the Surveyor of the port at Louisville, and, also, at St. Louis and Cincinnati, to be answered by themselves, and also to be communicated to the steamboat captains, generally in relation to the effect tolls on the said canal, and the amount thereof on their respective vessels, for each time they pass through, and the aggregate amount for the season or a year, and the comparative amount of the tolls paid of the canal, and the profits cleared by the boat, with an estimate of the amount of tolls which a regular trader, of a given tonnage, between St. Louis and Louisville, and between New Orleans and Louisville, would pay in the number of years that such steamer would last, supposing her to continue in the same trade as long as fit for service; also, a comparative estimate of such aggregate tolls, with the original cost of the vessel, and a further comparative estimate of such tolls, with the other expenses incident to the running of the steamboat. Also, to inquire of steamboat captains, river pilots, and the falls' pilots on the Ohio river, how far it is deemed practicable to improve the navigation of the falls.

And, also, that the Secretary inquire as aforesaid, into the capacity of said canal, at this time to admit, without delay, the commerce of the river that must necessarily pass-through the same, and whether one canal at that point, of any given capacity containing the necessary locks to overcome the falls, would be sufficient to pass, without delay, the commerce ascending and descending the river for future years. And, also, whether, in order to afford full and ample facilities in overcoming the falls of the Ohio, so as to pass the commerce of the river, a canal on the Indiana side of the falls, of sufficient capacity to pass boats of the largest class, in addition to the canal on the Kentucky side, is not, or will not, in a few years, become indispensably necessary, taking into consideration the probable increase of the commerce, and that the Secretary of the Treasury be directed to report, to the Senate the result of his inquiry, at the earliest day practicable .

The senate proceeded to consider the motion submitted by Mr. Benton, the 11th instant, relative to the imports and exports of gold coin and bullion; and agreed thereto.

The Senate proceeded to consider the motion submitted by Mr. Benton, the 11th instant, respecting the massacres and depredations committed in Florida by the hostile Indians; and agreed thereto.

The Senate proceeded to consider the motion submitted by Mr. Linn, the 12th instant, respecting the southern boundary line of the Territory of Iowa; and agreed thereto.

The Senate proceeded to consider the motion submitted by Mr. Linn, the 18th instant, in relation to the occupation and settlement of the Oregon Territory; and

On motion by Mr. Linn,

Ordered , That it be referred to a select committee, to be appointed by the Vice President, and printed.

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Mr. Linn, Mr. Preston, Mr. Wall, Mr. Pierce, and Mr. Walker, were appointed the Committee.

The Senate proceeded to consider the motion submitted by Mr. Benton, the 19th instant, in relation to the fiscal regulations of foreign countries; and agreed thereto.

The Senate proceeded to consider the motion submitted the 19th inst., by Mr. Linn, in relation to the boundary between the State of Missouri and the Territory of Iowa; and agreed thereto.

The Senate proceeded to consider the motion submitted by Mr. Williams, the 19th instant, on the subject of printing a greater number of the laws of the United States.

The Senate proceeded to consider the motion submitted by Mr. Lumpkin, the 23d instant, in relation to post routes in Georgia; and agreed thereto.

The Senate proceeded to consider the motion submitted by Mr. Clay, of Alabama, the 23d instant, respecting the claim of Abel Pennington; and agreed thereto.

The Senate proceeded to consider the motion submitted by Mr. Smith, of Indiana, the 24th instant, in relation to the continuation of the Cumberland road; and agreed thereto.

The Senate proceeded to consider the motion submitted by Mr. Benton, the 27th instant, respecting the exchange of Government drafts for bank notes, by the disbursing officers or agents of the Government; and agreed thereto.

The Senate proceeded to consider the motion submitted by Mr. Benton, the 27th instant, respecting the assumption of State debts, by the Government of the United States; and

Ordered , That it lie on the table.

The Senate proceeded to consider the motion submitted by Mr. Benton, the 27th instant, in relation to bonds issued under the authority of the Legislature of Florida; and agreed thereto.

The Senate proceeded to consider the motion submitted by Mr. Benton, the 27th December, respecting the value of State bonds in the London market; and agreed thereto.

The Senate proceeded to consider the motion submitted by Mr. Tappan, the 27th instant, for the appointment of a Joint Library Committee; and agreed thereto.

After the consideration of Executive business,

The Senate adjourned.

TUESDAY, December 31, 1839. Link to Annals.

Mr. Hubbard presented resolutions passed by the Legislature of the State of New Hampshire, in favor of a separation of the banking institutions of the country from the Government; of collecting the revenue in gold and silver only; and of the adoption of an independent Sub-Treasury; and instructing the Senators and requesting the Representatives of the said State in Congress, to use their exertions to procure the adoption of the lastmentioned measure.

Ordered , That they lie on the table, and be printed.

Mr. Wright presented the memorial of F. A. Chevalier de Gerstner, praying to be allowed a copyright for any publications he may make in 0062 62 the United States on the subject of internal improvements, for the space of five years; which was referred the Committee on Patents and Patent Office, and ordered to be printed.

Mr. Roane presented resolutions passed by the General Assembly of the State of Virginia, instructing the Senators and requesting the Representatives of the said State in Congress to use their exertions to procure an additional appropriation of land, to satisfy outstanding military bounty land warrant, issued under the authority of that State to the officers and soldiers of the revolution; which were referred to the Committee on Public Lands, and ordered to be printed.

Mr. Pierce presented a preamble and resolution, adopted by the Legislature of the State of New Hampshire, instructing the Senators and requesting the Representatives of Said State in Congress to oppose every attempt which shall be made to divide the proceeds of the sales of the public lands among the several States.

Ordered , That they lie on the table, and be printed.

Mr. Wright presented the petition of Hannah Gouge, widow of Edward McCollum, deceased, a soldier in the revolutionary war, praying a pension; which was referred to the Committee on Pensions.

Mr. Wright presented the petition of the British and Foreign Bible Society, praying that all books published by the British and Foreign Bible Society, and imported into the United States for circulation in the Canadas, may be exempted from duty; which was referred to the Committee on Finance.

Mr. Southard presented the memorial of Ezekiel Wade, praying indemnity for the destruction of his property by the enemy in the year 1780, in consequence of its occupation by the United States troops; which was referred to the Committee on Revolutionary Claims.

Mr. Southard presented the memorial of the trustees of the Presbyterian church, at Connecticut Farms, New Jersey praying indemnity for the destruction of their property by the enemy in the year 1780, in consequence of its occupation by the United States troops; which was referred to the Committee on Revolutionary Claims.

Mr. Clay, of Alabama, presented the petition of Wright Grooms, praying compensation for a number of pack-saddles, and other military accoutrements furnished the United States, under a contract with an officer of the Government; which was referred to the Committee of Claims.

Mr. Benton presented the petition of Nathan Ranney, surveyor for the port of St. Louis, Missouri, praying an increase of compensation; which was referred to the Committee on Commerce.

Mr. Davis presented the petition of Samuel B. Smith and others, citizens of Great Britain, praying a remission of the duties on the cargo of their vessel wrecked and brought into the port of Marblehead, and there sold under a decree of the court of admiralty; which was referred to the Committee, on Commerce.

Mr. Davis presented the petition of J. W. Nye, assignee of Peter Bargy, jr., praying the remuneration to which said Bargy was entitled for services performed and expenses incurred in Macadamizing Pennsylvania avenue, during the prevalence of the cholera in the year 1832; which was referred to the Committee of Claims.

Mr. White presented the petition of a number of citizens of the Upper Wabash, and, also, the petition of a number of citizens of the counties of 0063 63 Clinton and Carroll, in the State of Indiana, severally praying the establishment of a mail route; which were referred to the Committee on the Post Office and Post Roads.

Mr. Merrick presented the petition of John Carter, praying permission from Congress, to bring a slave, of which he is the owner, into the District of Columbia; which was referred to the Committee on the District of Columbia.

Mr. Betts presented the petition of John J. Howe and others, engaged in the manufacture of pins, praying that a duty equal to that now imposed on foreign brass wire, may be laid on imported pins; which was referred to the Committee on Manufactures.

Mr. Linn submitted a document in relation to the causes of the explosions of steamboilers, and to the mode of prevention; which was referred to the Committee on Commerce.

Mr. Linn presented a preamble and resolutions passed by the General Assembly of the State of Missouri, in favor of graduating and reducing the price of the public lands, and opposed to the distribution of their proceeds among the several States; which were referred to the Committee on Public Lands, and ordered to be printed.

Mr. Linn presented the memorial of the General Assembly of the State of Missouri, praying the passage of a law authorizing the States, where the 16th sections or school lands, are claimed by prior occupants, unfit, or lost by means of rivers, to relinquish the same, and to enter other lands in lieu thereof; which was referred to the Committee on Public Lands.

Mr. Linn presented the memorial of the General Assembly of the State of Missouri, praying a grant of land for the purposes of education; which was referred to the Committee on Public Lands.

Mr. Linn presented the memorial of the General Assembly of the State of Missouri, praying a grant of land to aid in the construction of a railroad to the seat of Government of said State; which was referred to the Committee on Roads and Canals.

Mr. Linn presented the memorial of the General Assembly of the State of Missouri, praying an appropriation for removing obstructions to the navigation of the Des Moines river; which was referred to the Committee on Commerce.

Mr. Fulton presented the petition of William Jenkins, a soldier in the revolutionary war, praying the right of pre-emption to a tract of land; which was referred to the Committee on Public Lands.

Mr. Pierce submitted a document in relation to the claim of Catharine Howard, widow of a deceased revolutionary soldier, praying a pension; which was referred to the Committee on Pensions.

Mr. Betts presented a preamble and resolutions passed by the General Assembly of the State of Connecticut, requesting the Senators and Representatives of that State in Congress, to use their exertions to procure the establishment of a national foundry at some point in the Housatonic valley in said State; which were ordered to be printed.

The Vice President presented the memorial of the chief warriors, sachems, and chiefs of the Six, and Seneca Nations of Indians, praying that the action of the Senate on the treaty with the Seneca Nation of Indians may be suspended until they shall collect further information on the subject to be laid before the Senate; which was referred to the Committee on Indian Affairs, and ordered to be printed.

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Mr. Henderson submitted a document in relation to the removal of the land offices from Chocchuma to the town of Grenada, in the State of Mississippi; which was referred to the Committee on Public Lands.

Mr. Young presented the memorial of a number of miners and others, residing on, and interested in mineral lands in the States of Michigan and Illinois, praying the right of pre-emption to said lands; which was refer red to the Committee on Public Lands.

On motion by Mr. Wall,

Ordered , That the memorial of a number of the citizens of New Jersey, on the files of the Senate, praying the erection of a light-house at New Inlet, at the mouth of Little Egg harbor, be referred to the Committee on Commerce; that the memorial of the trustees of the Presbyterian church, in Springfield, New Jersey, on the files of the Senate, be referred to the Committee on Revolutionary Claims; and that the petition of the heirs of Agness Dundas, on the files of the Senate, be referred to the Committee on the Judiciary.

On motion by Mr. Wall,

Ordered , That the Committee on the Judiciary be discharged from the consideration of the bill (S. 39) for the relief of Pierre Menard, Antoine Peltier, and Joseph Placy, and that it be referred to the Committee on Revolutionary Claims.

On motion by Mr. Allen,

Ordered , That the petition of John Grigsby, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Roane,

Ordered , That the petition of the heirs of Doctor Wiilian Ramsay; the petition of the heirs of Enoch K. Withers; the petition of the heirs of Captain John Hawkins; the petition of the heirs of Lieutenant Joseph Blackwell; the petition of the heirs of John and Henry Banks; the petition of the heirs of General Thomas Nelson; and the petition of the heirs of Gustavus B. Horner, on the files of the Senate, by severally referred to the Committee on Revolutionary Claims.

On, motion by Mr. White,

Ordered , That the petition of Alfred Noel, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. Smith, of Indiana,

Ordered , That the resolutions of the General Assembly of Indiana, in favor of the construction of a canal around the falls of the river Ohio, be referred to the Committee on Roads and Canals.

On motion by Mr. Norvell,

Ordered , That the memorial of a number of the naturalized citizens of Michigan, presented at the last session, praying the adoption of measures more effectually to secure the recognition and maintenance of the rights of that class of citizens of the United States, be referred to the Committee on Foreign Relations.

On motion by Mr. Clay, of Alabama,

Ordered , That the memorial of the General Assembly of the State of Alabama, on the fries of the Senate, praying the cession to that State of the Muscle Shoal canal, be referred to the Committee on Public Lands.

On motion by Mr. Fulton,

Ordered , That the memorial of the Legislature of the State of Arkansas, on the files of the Senate, in favor of the cession of the public lands in 0065 65 the states in which they lie, and the memorial and resolutions of the Legislature of Arkansas, on the subjects of floating pre-emption rights, the relinquishment of the 16th sections, and the substitution of others, and the pre-emption rights of settlers on the 16th Sections, be severally referred to the Committee on Public Lands.

Mr. Fulton presented additional documents relating to the application of John A. L. Norman, for aid in the establishment of a university in Florida, to be called the Dade Institute; which, with the petition and papers of John A. L. Norman, on the files of the Senate, were referred to the Committee on Public Lands.

On motion by Mr. Crittenden,

Ordered , That the petition of Robert Piatt, son of Major Daniel Piatt; the petition of the heirs of Doctor Samuel Y. Keene; and the petition of Joseph Paxton, on the files of the Senate, be severally referred to the Committee of Claims.

On motion by Mr. Roane,

Ordered , That the petition of the executor of John Spotswood; and the petition of the heir of Thomas White, on the files of the Senate, be severally referred to the Committee on Revolutionary Claims; and that the memorial of Joel Leftwick, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Strange,

Ordered , That the petition of Arthur Matthews, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Hubbard,

It was agreed that the Vice President appoint the Committee on the Library on the part of the Senate; and

Mr. Tappan, Mr. Preston, and Mr. Wall, were appointed accordingly.

On motion by Mr. Allen,

Ordered , That the letter of the Librarian, transmitting the catalogue of laws and journals required by a resolution of the Senate, be referred to the Committee on the Library.

On motion by Mr. Roane,

Ordered , That the executrix of Richard W. Meade, and the heirs of Dr. Thomas Carter, have leave to withdraw their petitions and papers.

On motion by Mr. Wright,

Ordered , That L. R. Lyon and D. S. Howard have leave to withdraw their petition and papers.

On motion by Mr. Knight,

Ordered , That Susan Rogers have leave to withdraw her petition and papers.

On motion by Mr. Benton,

Ordered , That one thousand additional copies of the President's message and documents be printed for the use of the Senate.

On motion by Mr. Merrick,

Ordered , That the Committee on the District of Columbia be authorized to employ a clerk.

Mr. White, from the Committee on Indian Affairs, to whom the following bills were referred:

S. 23. A bill to authorize the Secretary of War to adjust and pay to Benjamin Murphy, of Arkansas, the value of his corn, cattle, and hogs, taken by the Cherokee Indians, in the month of December, 1828; 5

0066 66

S. 24. A bill for the relief of Richard T. Banks, of the State of Arkansas;

S. 30. A bill for the relief of John McCartney; reported them, severally, without amendment.

Mr. Robinson, from the Committee on the Post Office and Post Roads, to whom was referred the bill (S. 77) for the relief of A. G. S. Wight, reported it with an amendment, which was read.

Mr. Robinson, from the Committee on the Post Office and Post Roads, to whom the following bills were referred:

S. 29. A bill for the relief of certain persons therein named;

S. 84. A bill for the relief of Thomas H. Owens, John W. Skidmore, and others;

S. 98. A bill for the relief of Samuel R. Slaymaker; reported them, severally without amendment.

Mr. Linn, from the Committee on Private Land Claims, to whom the following bills were referred:

S. 40. A bill to confirm the to a certain tract of land in the county of Mobile;

S. 41. A bill to confirm claims to lands in the district between the Rio Hondo and Sabine rivers;

S. 42. A bill to amend an act confirming certain land claims in the State of Michigan;

S. 44. A bill to confirm certain land claims in the Ouachita land district in the State of Louisiana;

S. 45. A bill to continue in force the act for the final adjustment of private land claims in Missouri, approved 9th July, 1832, and the act supplementary thereto, approved 2d March, 1833;

S. 46. A bill to transfer to the citizens of the parish of Concordia, in the State of Louisiana, the interest of the United States to a certain tract of land;

S. 47. A bill to authorize the issuing of a patent to the heirs or legal representatives of Francis Rivard, deceased;

S. 48. A bill confirming certain land claims in Louisiana;

S. 49. A bill for the relief of Obed P. Lacy;

S. 50. A bill to authorize John E. Metcalf and others to locate certain pre-emption claims to land in Louisiana;

S. 51. A bill for the relief of Jean Baptiste Grainger;

S. 52. A bill for the relief of Charles Morgan;

S. 53. A bill for the relief of Charles Morgan, of Louisiana;

S. 54. A bill for the relief of Joseph Cochran;

S. 55. A bill for the relief of the heirs of Madam de Lusser and their legal representatives;

S. 56. A bill for the relief of Alvarez Fisk and the legal representatives of Thomas P. Eskridge;

S. 57. A bill for the relief of Francis Laventure, Ebenezer Childs, and Linus Thompson;

S. 58. A bill for the relief of Juan Belgar;

S. 60. A bill for the relief of Daniel Marsaque;

S. 61. A bill for the relief of the heirs and legal representatives of William Conway;

S. 62. A bill for the relief of Pierre Babin;

S. 63. A bill for the relief of the heirs of Madam de Lusser;

S. 64 A bill for the relief of Joseph Campau;

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S. 65. A bill authorizing a patent to be issued to Joseph Campau for a tract of land in the State of Michigan;

S. 66. A bill to confirm certain land claims in the Greensburg land district, State of Louisiana;

S. 67. A bill for the relief of Joseph Bogy;

S. 68. A bill far the relief of Sebastian Butcher and the heirs or legal representatives of Bartholomew Butcher, Michael Butcher, and Peter Bloom;

S. 75. A bill to settle the title to certain tracts of land in the State of Arkansas;

S. 94. A bill for the relief of Matthew Arbuckle; reported them, severally, without amendment.

Mr. Clay, of Alabama, from the Committee on Public Lands, to whom was referred the bill (S. 11) to relinquish to the State of Alabama the two per cent. fund, reserved by the act for her admission into the Union, to be applied to the making of a road or roads leading to said State reported it without amendment.

Agreeably to notice, Mr. Norvell asked and obtained leave to bring in a bill (S. 111) granting to the State of Michigan a quantity of land to aid said State in the construction of a canal around the falls of St. Marie; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Linn asked and obtained leave to bring in a bill (S. 112) for the relief of the legal representatives of Philip Barbour, deceased; which was read the first and second times, by unanimous consent, and referred to the Committee on Private Land Claims.

Agreeably to notice, Mr. Knight asked and obtained leave to bring in a bill (S. 113) for the relief of Samuel Crapin; which was read the first and second times, by unanimous consent, and referred, with the papers on file, to the Committee on Pensions.

Agreeably to notice, Mr. Brown asked and obtained leave to bring in a bill (S. 114) supplementary to the act entitled “An act to establish branches of the Mint of the United States,” approved March 3, 1835; which was read the first and second times, by unanimous consent, and referred to the Committee on Finance.

Agreeably to notice, Mr. Pierce asked and obtained leave to bring in the following bills:

S. 115. A bill for the relief of Joseph Bassett;

S. 116. A bill for the relief of Samuel Collins;

S. 117. A bill for the relief of John S. Billings;

S. 118. A bill for the relief of Hannah Leighton.

The said bills were read the first and second times, by unanimous consent, and, with the papers on file, referred to the Committee on Pensions.

Agreeably to notice, Mr. Southard asked and obtained leave to bring in a bill (S. 119) to regulate the pay of masters in the navy; which was read the first and second times, by unanimous consent, and referred to the Committee on Naval Affairs.

Mr. Wall submitted the following motion for consideration:

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of making an appropriation for the removal of certain obstructions in the navigation of the river Passaic and of Newark bay, in the State of New Jersey.

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Mr. Linn submitted the following motion; which was considered, by unanimous consent, and agreed to:

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of making an appropriation to improve the harbor of the city of St. Louis, Missouri.

Mr. Benton submitted the following motion for consideration:

Resolved , That the Secretary of the Treasury be directed to communicate to the Senate the estimated amounts which will be receivable from the salt duty during the years 1840, 1841, 1842, and 1843; also, the estimated amounts which will be payable on account of fishing bounties, and allowances to fishing vessels, during the same years: the said estimates to be all made on the basis of a non-alteration in the present laws regulating the said duty, bounties, and allowances; also, that the Secretary be directed to communicate to the Senate any information in the Treasury Department going to show that fishing bounties, and allowances to fishing vessels, have been unduly or illegally drawn since the passage of the act in 1813 for renewing the duty on Salt, and reviving the fishing bounties and allowances consequent thereon.

Mr. Norvell submitted the following motion for consideration:

Resolved , That the Committee on Indian Affairs be instructed to inquire into the expediency of making an appropriation sufficient to effect, by peaceable and pecuniary means and inducements, the immediate removal, west of the Mississippi, of all the Indians now in the Territory of Florida.

On motion by Mr. Knight,

The Senate proceeded to the election of a Chaplain, in pursuance of the resolution of the two Houses; and,

On counting the ballots, it appeared that the Rev. George G. Cookman had a majority, and was elected.

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

The Senate proceeded, as in Committee of the Whole, to consider the bill (S. 8) to amend an act entitled “An act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes;” and no amendment being made thereto, it was reported to the Senate.

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

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 14) to establish a board of commissioners to hear and examine claims against the United States; and,

On motion by Mr. Hubbard,

Ordered , That the further consideration thereof be postponed to Monday, the 13th of January next.

On motion,

The Senate adjourned.

FRIDAY, January 3, 1840. Link to Annals.

Mr. Knight presented the credentials of the honorable Nathan F. Dixon, elected a Senator by the Legislature of the State of Rhode Island and Providence Plantations for six years, commencing the 4th day of March, 1839; which were read.

0069 69

Mr. Robinson presented the credentials of the honorable Felix Grundy, elected a Senator by the General Assembly of the State of Tennessee, to fill the vacancy occasioned by the resignation of Ephraim H. Foster for the unexpired term of six years, commencing the 4th day of March, 1839; which were read.

The oath prescribed by law was administered to the honorable Nathan F. Dixon and the honorable Felix Grundy; and they took their seats in the Senate.

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

To the Senate of the United States:

I communicate to Congress a report from the Secretary of State, in relation to applications on the part of France for the extension to vessels coming from the colonies of French Guiana and Senegal, of the benefits granted by the act of the 9th of May 1828, to vessels of the same nation coming from the islands of Guadaloupe and Martinique, and for the repayment of duties levied in the district of Newport upon the French ship “Alexandre” and part of her cargo. The circumstances under which these duties were demanded being, as stated by the Secretary of the Treasury, of a character to entitle the parties to relief, I recommend the, adoption of the necessary legislative provisions to authorize their repayment. I likewise invite your attention to the evidence contained in the accompanying documents as to the treatment of our vessels in the port of Cayenne, which will doubtless be found by Congress such as to authorize the application to French vessels coming from that colony of the liberal principles of reciprocity, which have hitherto governed the action of the Legislature in analogous cases.

M. VAN BUREN.

Washington , December 31, 1839.

The message was read.

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

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

To the Senate of the United States:

I transmit to Congress copies of a communication from Governor Lucas, and of additional documents, in relation to the disputed boundary line between the Territory of Iowa and the State of Missouri.

M. VAN BUREN.

The message was read.

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

The Vice President laid before the Senate a report of the Secretary of the Treasury, made in obedience to a resolution of the Senate of December 30, 1839, in relation to the fiscal regulations of foreign countries; which was read, and referred to the Committee on Finance.

The Vice President laid before the Senate a report of the Postmaster General, made agreeably to the act to regulate and fix the compensation of clerks in the different offices; which was read, and ordered to be printed.

0070 70

Mr. Clay, of Alabama, presented the memorial of a number of the inhabitants of township two, in the county of Madison, and State of Alabama, praying to be allowed to relinquish the sixteenth section in said township, and to enter other lands in lieu thereof; which was referred to the Committee on Public Lands.

On motion by Mr. Clay, of Alabama,

Ordered , That the petition of the heirs of Miguel Eslava, on the files of the senate, be referred to the Committee on Private Land Claims; and that the memorial of the corporate authorities of the city of Mobile, on the files of the Senate, be referred to the Committee, on Military Affairs.

On motion by Mr. Southard,

Ordered , That the memorial of Ann Eliza Lanrie, on the files of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Lumpkin,

Ordered , Theft the Committee on Manufactures be discharged from the further consideration of the memorial of a number of manufacturers of wool, praying a revision of the laws for the collection of duties; and that it be referred to the Committee on Finance.

On motion by Mr. Smith, of Connecticut,

Ordered , That the memorial of Ezra Chapman, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

Mr. Pierce presented the petition of Hannah Allen, widow of Samuel Dale, late a soldier in the revolutionary army, praying a pension; which was referred to the Committee on Pensions.

Mr. Pierce submitted additional documents in relation to the claim of David Green; which were referred to the Committee on Finance.

Mr. Wright presented the petition of William Ferguson, a soldier in the revolutionary army, praying a pension; which was referred to the Committee on Pensions.

Mr. Wright presented the petition of Elisha Bently, a soldier in the revolutionary army, praying a pension; which was referred to the Committee on Pensions.

Mr. Wright submitted documents in relation to the claim of Frederick Sammons; a soldier during the late war with Great Britain, to a pension; which were referred to the Committee on Pensions.

Mr. King presented the petition of J. B. Hancock, a Choctaw Indian, praying remuneration for the loss of the reservation to which he was entitled under the 14th article of the treaty of Dancing Rabbit creek; which was referred to the Committee on Indian Affairs.

Mr. Sevier presented the memorial of M. Arbuckle and others, officers of the line of the army, praying that the officers of the line may be placed upon the same footing, as to pay and promotion, with the officers of the staff, and that they be made separate and distinct branches of the service; which was referred to the Committee on Military Affairs.

Mr. Sevier presented the petition of John Troy, praying that a patent may be issued to him for a tract of land, which he claims by virtue of a Spanish confirmation; which was referred to the Committee on Private Land Claims.

Mr. White, of Indiana, presented the memorial of a number of merchants of Albion, Mount Carmel, and Princeton, praying a grant of public land to and in the construction of the Mount Carmel and New Albany Railroad; which was referred to the Committee on Roads and Canals.

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Mr. White, of Indiana, presented three memorials from a number of citizens of the county of Milwaukie, in the Territory of Wisconsin, remonstrating against the claim of Francis Laventure and others to the right of pre-emption to certain lots in the town of Milwaukie, and praying that the title to the same way may be vested in them; which were referred to the Committee on Private Land Claims.

On motion by Mr. Merrick,

Ordered , That the memorial of John Pritchett, on the files of the Senate, be referred to the Committee on Naval Affairs.

Mr. Smith, of Indiana, submitted the following motion; which was considered, by unanimous consent, and agreed to:

Resolved , That the Committee on Roads and Canals be instructed to inquire what legislation, if any, is necessary to confirm the State of Indiana the land claimed and selected by her under the provisions of the act of Congress of the 2d of March, 1827, entitled “An act to grant a certain quantity of land to the State of Indiana, for the purpose of aiding the State in opening a canal to connect the waters of the Wabash with those of Lake Erie,” for that portion of the canal between the mouth of the Tippecanoe river and Terre Haute; and that document No. 32, in vol. 3 of the House of Representatives, of Executive documents of the 25th Congress, be referred to said committee.

Mr. Linn submitted the following motion for consideration:

Resolved , That the Secretary of the Senate be directed respectfully to request, annually, of the Governors of the different States and Territories of the United States to furnish, for the use of the Congressional Library, all reports and documents in their possession relative to the geology and mineralogy of their respective States and Territories.

Mr. Smith, of Indiana, submitted the following motion; which was considered, by unanimous consent, and agreed to:

Resolved , That the Committee on the Judicial be instructed to inquire into the expediency of relating and establishing the salaries of the district judges of the United States.

Mr. Benton, from the Committee on Military Affairs, to whom was referred so much of the message of the President of the United States as relates to military affairs, reported a bill (S. 120) to provide for the armed occupation and settlement of that part of Florida which is now overrun and infested by marauding bands of hostile Indians; which was read, and passed to the second reading.

The said bill was read the second time by unanimous consent, and considered, as in Committee of the Whole.

On motion by Mr. Benton,

Ordered , That the further consideration thereof be postponed to, and made the order of the day for, Monday next, the 6th instant.

Mr. Clay, of Alabama, from the Committee on Public Lands, to whom the following bills were referred:

S. 13. A bill to establish an additional land district in the State of Alabama;

S. 90. A bill to relinquish the reversionary interest of the United States to a certain reservation in the State of Alabama;

S. 92. A bill for the discontinuance of the office of surveyor-general in the several districts, so soon as the surveys therein can be completed; for 0072 72 abolishing land offices, under certain circumstances; and to abolish the office of Solicitor of the General Land Office; reported them, severally, without amendment.

Mr. Linn, from the Committee on Private Land Claims, to whom was referred a bill (S. 112) for the relief of the legal representatives of Philip Barbour, deceased, reported it without amendment.

Mr. Norvell, from the Committee on Public Lands, to whom the following bills, were referred:

S. 102. A bill granting to the county of Kalamazoo, in the State of Michigan, the right of pre-emption to a quarter section of land, and for other purposes;

S. 103. A bill granting to certain persons therein named the right of pre-emption to a fraction of a section of land in Ottowa county, in the State of Michigan;

S. 111. A bill granting to the State of Michigan a quantity of land to aid said State in the construction of a canal around the falls of St. Marie; reported them, severally, without amendment.

Mr. Walker, from the committee on Public Lands, to whom was referred the bill (S. 4) to relinquish to the State of Mississippi the two per cent. fund accruing by the act for the admission of said State into the Union, reported it without amendment.

The said bill was considered as in Committee of the Whole; and no amendment being made thereto, it was reported to the Senate.

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

Mr. Walker, from the Committee on Public Lands, to whom the following bills were referred:

S. 5. A bill authorizing the relinquishment of the sixteenth sections granted for the use of schools, and the entry of other lands in lieu thereof;

S. 81. A bill for the relief of James Dutton; reported them, severally, without amendment.

Mr. Calhoun, agreeably to notice, asked and obtained leave to bring in a bill (S. 121) to cede the public lands within the limits of the new States, on certain conditions therein mentioned; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

On motion by Mr. Southard,

To reconsider the vote on referring the said bill to the Committee on Public Lands,

It was determined in the negative,

Yeas, 15,

Nays, 28.

On motion by Mr. Sevier,

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

Those who voted in the affirmative are,

Messrs. Betts, Clay, of Kentucky, Clayton, Crittenden, Davis, Dixon, Knight, Merrick, Phelps, Prentiss, Preston, Ruggles, Southard, Wall, White, of Tennessee.

Those who voted in the negative, are,

Messrs. Allen, Benton, Brown, Buchanan, Calhoun, Clay, of Alabama, Grundy, Henderson, Hubbard, King, Linn, Lumpkin, Mouton, Nicholas, Norvell, Pierce, Roane, Robinson, Sevier, Smith, of Connecticut, Smith, of Indiana Strange, Tappan, Walker, White, of Indiana Williams, Wright, Young.

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So the motion to reconsider was determined in the negative.

Agreeably to notice, Mr. Norvell asked and obtained leave to bring in a bill (S. 122) fixing the salaries of Several district judges of the United States; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Strange asked and obtained leave to bring in a bill (S. 123) to amend an act entitled “An act to prohibit the importation of slaves into any port or place within the jurisdiction of the United States from and after the 1st day of January, in the year 1808,” approved the 2d day of March, 1807; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Clay, of Alabama, asked and obtained leave to bring in a bill (S. 124) for the relief of Avery, Saltmarsh, and Company; which was read the first and second times, by unanimous consent, and, with the accompanying documents, referred to the Committee on the Post Office and Post Roads.

Agreeably to notice, Mr. King asked and obtained leave to bring in a bill (S. 125) for the relief of John H. Jacocks; which was read the first and second times, by unanimous consent, and considered as in Committee of the Whole; and no amendment being made thereto, it was reported to the Senate.

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

Agreeably to notice, Mr. Merrick asked and obtained leave to bring in a bill (S. 126) concerning the estates of lunatics and infants in the District of Columbia; which was read the first and second times, by unanimous consent, and referred to the Committee on the District of Columbia.

On motion by Mr. White, of Indiana,

Ordered , That the bill (S. 57) for the relief of Francis Laventure, Ebenezer Childs, and Linus Thompson, be recommitted to the Committee on Private Land Claims.

On motion by Mr. White, of Indiana,

Ordered , That Peter Warner have leave to withdraw his petition and papers.

The Senate proceeded to consider the motion submitted the 31st of December by Mr. Benton, respecting the estimated amount of duties on salt, and bounties and allowances to fishing vessels; and agreed thereto.

The Senate proceeded to consider the motion submitted by Mr. Wall, on the 31st of December, respecting the removal of obstructions in Passaic river; and agreed thereto.

The resolution (S. 2) proposing an amendment to the Constitution of the United States, so as to limit the term of office of the judges of the Supreme and inferior courts, was read the second time, and considered as in Committee of the Whole.

On motion by Mr. Tappan,

Ordered , That it lie on the table.

The bill (S. 8) to amend an act entitled “An act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes,” was read a third time.

Resolved , That this bill pass, and that its title be as aforesaid.

Ordered , That the Secretary request the concurrence of the House of Representatives therein.

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The bill (S. 9) to prevent the counterfeiting of any foreign copper, gold, silver, or other coin, and to prevent the bringing into the United States, or uttering, any counterfeit foreign copper, gold, silver, or other coin, was considered as in Committee of the Whole; and no amendment being made thereto, it was reported to the Senate.

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

On motion by Mr. Norvell,

It was agreed that when the Senate adjourn, it be to Monday next.

After the consideration of Executive business,

The Senate adjourned.

MONDAY, January 6, 1840. Link to Annals.

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

To the Senate of the United States:

I herewith transmit a report from the Secretary of the Treasury, in relation to the employment of steam-vessels in the revenue cutter service, and recommend the subject to the special and favorable consideration of Congress.

M. VAN BUREN.

Washington , December 28, 1839.

The message was read.

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

The Vice President laid before the Senate a report of the Secretary of the Treasury, made agreeably to law, showing the condition of the incorporated banks of the District of Columbia at the close of the year 1839; which was read, referred to the Committee on the District of Columbia, and ordered to be printed.

The Vice President presented a preamble and resolutions, passed by the Council and Representatives of the Territory of Iowa, requesting the Delegate of said Territory in Congress to use his exertions to procure an appropriation for the survey and improvement of the Des Moines river.

On motion by Mr. Norvell,

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

The Vice President presented the memorial of Lavinia Smith, only child and heir of Lieutenant Nathaniel Fanning, deceased, late of the United States navy, praying the passage of an act to authorize the payment of the proportion of prize money due to her late father, while serving under Commodore John Paul Jones, and also that a medal be struck by order of Congress, in commemoration of his gallant and meritorious services to his country.

On motion by Mr. Norvell,

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

Mr. Hubbard presented the petition of Daniel Steenrod, praying compensation for extra work on the Cumberland road; which was referred to the Committee of Claims.

Mr. Norvell presented the petition of Joseph Campau, praying the confirmation of his title to a tract of land; which was referred to the Committee on Private Land Claims.

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Mr. Robinson presented the petition of Chalon Guard and others, citizens of the State of Illinois, praying permission to purchase a quantity of public land on credit; which was referred to the Committee on Public Lands.

Mr. Robinson presented the memorial of a number of the members of the bar of the circuit court for the district of Illinois, praying that the salary of the judge of said district may be increased; which was referred to the Committee on the Judiciary.

Mr. Buchanan presented the memorial of H. Saunders and others, officers in the line of the army, praying that officers of the line may be placed upon the same footing, as to pay and promotion, with the officers of the staff; which was referred to the Committee on Military Affairs.

Mr. Buchanan presented the memorial of William Strickland and others, citizens of the United States, praying that a work which they propose to publish in Great Britain, may be imported into the United States free of duty; which was referred to the Committee on Finance.

On motion by Mr. Buchanan,

Ordered , That the petition of John R. Midwinter, on the files of the Senate, be referred to the Committee on Pensions; and that the petition of the widow of William Truxton, deceased, on the files of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Smith, of Connecticut,

Ordered , That the petition of the representatives of David Allen, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

Mr. Prentiss presented the petition of James Glentworth, an officer in the army of the revolution, praying that his name may be restored to the pension roll; which was referred to the Committee on Pensions.

Mr. Clay, of Kentucky, presented the petition of a number of citizens of the State of Missouri, praying a grant of land in the Oregon Territory, for the purpose of forming a settlement.

Ordered , That it be referred to the Select Committee on the Oregon Territory, and printed.

Mr. Davis presented the petition of a number of the inhabitants of Haverhill, Massachusetts, praying that measures may be taken to effect a Congress of nations for the purpose of preventing future wars.

Ordered , That it lie on the table.

Mr. Sevier presented the memorial of William Cox, praying to be allowed and paid the amount of the damages he alleges to have sustained in consequence of the surrender of his house and store for the use of the Treasury Department, after the burning of the Treasury building in 1833; which was referred to the Committee of Claims.

Mr. Sevier presented the memorial of W. G. Belknap and others, officers of the line of the army, praying that officers of the line may be placed upon the same footing, as to pay and promotion, with the officers of the staff; which was referred to the Committee on Military Affairs.

Mr. White, of Indiana, presented the petition of Charles L. Fleischmann, praying that he may be allowed to take out letters patent for an improvement in the manufacture of beet sugar, of which he is the inventor; which was referred to the Committee on Patents and the Patent Office.

On motion by Mr. Merrick,

Ordered , That the petition of John Ireland, on the files of the Senate, be referred to the Committee of Claims.

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Mr. Henderson presented the petition of the president, directors and company of the Agricultural Bank of Mississippi, praying the suspension of a judgment obtained by the United States against that institution while acting as a deposite bank, and for an allowance of farther time for the payment of the debt yet remaining due to the Government; which was referred to the Committee on Finance.

On motion by Mr. King,

Ordered , That the petition of A. P. King and Henry Lucas, on the files of the Senate, be referred to the Committee on Military Affairs.

Mr. Benton presented the petition of Wilson P. Hunt, praying the confirmation of his title to a tract of land; which was referred to the Committee on Private Land Claims.

On motion by Mr. Hubbard,

Ordered , That the petition of John Kurtz and others, owners of the ship Alleghany and cargo, on the files of the Senate, be referred to the Committee on the Judiciary.

Mr. Fulton presented the memorial of James Smith, praying to be allowed the right of pre-emption to other lands in lieu of those erroneously entered by him upon the information of the register of the land office, and of which he has been dispossessed; which was referred to the Committee on Public Lands.

Mr. Merrick presented the memorial of the president and directors of the Farmers and Mechanics' Bank of Georgetown, in the District of Columbia, praying a renewal of their charter; which was referred to the Committee on the District of Columbia.

Mr. Merrick presented a document relating to the claim of William Jones, which, with his petition and papers on file, was referred to the Committee on Revolutionary Claims.

On motion by Mr. Davis,

Ordered , That the memorial of Hall J. Kelly, presented the 27th December, relating to the occupation and settlement of the Oregon Territory, be referred to the Select Committee appointed on that subject.

On motion by Mr. Benton,

Ordered , That the Committee on Finance be discharged from the further consideration of the bill (S. 70) for the more easy collection of small bank notes within the District of Columbia; and that it be referred to the Committee on the Judiciary.

On motion by Mr. King,

Ordered , That the Committee on Commerce be discharged from the further consideration of the memorial of Josiah Sturgis and others, and that it be referred to the Committee on Naval Affairs; and from the further consideration of the memorial of George Taylor, and that the same be referred to the Committee on Foreign Relations.

Mr. Norvell submitted the following motions for consideration:

Resolved , That the Committee on Commerce inquire into the expediency of directing the Secretary of the Treasury to cause a steam-cutter to be constructed for the revenue service on the Atlantic, another for that service in the Gulf of Mexico, and a third for the same service on Lake Erie and the upper lakes.

Resolved , That the Committee on Pensions inquire into the expediency of granting a pension to Louis Mitchell Rivard, of Wayne county, State 0077 77 of Michigan, in consequence of infirmities and disabilities incurred in the military service of his country.

On motion by Mr. White, of Tennessee,

Ordered , That John Cropper have leave to withdraw his petition and papers.

Mr. Clay, of Alabama, submitted the following motion for consideration:

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of enacting a law explanatory of the act of 8th May, 1792, “to regulate the pay of non-commissioned officers, musicians, and privates of the militia of the United States,” so as to provide that field officers commanding volunteer regiments or battalions shall be allowed the same compensation for the use and risk of horses furnished by themselves, as is paid to company and staff officers in such command, and that such additional sum shall be paid to field officers who have served in Florida during the late troubles with the Seminole Indians.

On motion by Mr. Merrick,

Ordered , That Wilfred Knott have leave to withdraw his petition and papers.

Mr. Wright, from the Committee on Finance, to whom the subject was referred, reported a bill (S. 127) to provide for the collection, safekeeping, transfer, and disbursement of the public revenue, which was read, and passed to the second reading.

Mr. Wright, from the Committee on Finance, to whom was referred a bill (S. 3) more effectually to secure public money in the hands of officers and agents of the Government, and to punish public defaulters, reported it with amendments, which were read.

Ordered , That it be printed as amended.

Mr. Prentiss, from the Committee on Pensions, to whom the following bills were referred:

S. 16. A bill for the relief of Margaret Barnes, widow of Elijah Barnes;

S. 19. A bill for the relief of Samuel White;

S. 34. A bill to authorize the payment of invalid pensions in certain cases;

S. 35. A bill granting a pension to David Wailer;

S. 95. A bill to revive and continue in force an act entitled “An act to provide for persons who were disabled by known wounds received in the revolutionary war;”

S. 96. A bill for the relief of John McCloud; reported them, severally, without amendment.

Mr. Pierce, from the Committee on Pensions, to whom was referred the petition of Daniel Palmer, reported the following resolution, which was read:

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

Mr. Pierce, from the Committee on Pensions, to whom the following bills were referred:

S. 15. A bill granting a pension to Lemuel White;

S. 115. A bill for the relief of Joseph Bassett;

S. 117. A bill for the relief of John S. Billings; reported them, severally, without amendment.

Mr. Williams, from the Committee on Naval Affairs, to whom was referred the petition of William Easby, submitted a report, accompanied by a resolution,

0078 78

“That the prayer of the petition of William Easby, for compensation for extra services in launching the frigate Potomac, be not granted.”

Ordered , That the report be printed.

On motion by Mr. Williams,

Ordered , That the report of the Secretary of the Navy, communicated the 27th DeCember, showing the contingent expenses of the department, be printed.

Mr. King, from the Committee on Commerce, to whom was referred the bill (S. 97) making an appropriation to complete the removal of the raft in Red river, and for other purposes, reported it without amendment.

Agreeably to notice, Mr. Merrick asked and obtained leave to bring in a bill (S. 128) for the relief of the heirs of Francis Newman, which was read the first and second times, by unanimous consent, and with the papers on file referred to the Committee on the Judiciary.

Agreeable to notice, Mr. Clay, of Kentucky, asked and obtained leave to bring in a bill (S. 129) to amend the act entitled “An act to amend the several acts respecting copyright;” which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Davis asked and obtained leave to bring in the following bills:

S. 130. A bill for the relief of the Steamboat Company of Nantucket;

S. 131. A bill for the relief of Thomas L. Winthrop and others, directors of an association called the New England Mississippi Land Company;

S. 132. A bill for the relief of Josephine Nourse.

The said bills were read the first and second times, by unanimous consent.

Ordered , That bill numbered 130 be referred, with the papers on file, to the Committee on the Post Office and Post Roads; that bill numbered 131 be referred, with the papers on file, to the Committee on the Judiciary; and that the bill numbered 132 be referred, with the papers on file, to the Committee on Military Affairs.

A message from the House of Representatives, by Mr. S. Burche, principal Clerk:

Mr. President: The House of Representatives have passed a bill (H. R. No. 2) making appropriations, in part, for the support of Government for the year 1840, in which they request the concurrence of the Senate.

They concur in the resolution passed, by the Senate for the appointment of a joint committee to direct the expenditure of all moneys appropriated to purchase books for the library of Congress; and have appointed Mr. Lewis, Mr. Naylor, and Mr. Tillinghast a committee on their part.

The bill from the House of Representatives (H. R. 2) making appropriations, in part, for the support of Government for the year 1840, was read the first and second times, by unanimous consent, and referred to the Committee on Finance.

Mr. Wright, from the Committee on Finance, to whom the last-mentioned bill was referred, reported the same with amendments; which were read.

The said bill was considered as in Committee of the Whole, and, having been amended, was reported to the Senate.

Ordered , That the amendments be engrossed, and the bill read a third time.

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The amendments to the bill last mentioned having been reported by the committee correctly engrossed, the bill was read a third time, by unanimous consent.

Resolved , That this bill pass, with amendments.

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

The bill (S. 4) to relinquish to the State of Mississippi the two percent. fund accruing by the act for the admission of the said State into the Union;

The bill (S. 9) to prevent the counterfeiting of any foreign copper, gold, silver, or other coin, and to prevent the bringing into the united states, or uttering, any counterfeit foreign copper, gold, silver, or other coin; and

The bill (S. 125) for the relief of John H. Jacocks, having been reported by the committee correctly engrossed, were severally read a third time.

Resolved , That the said bills pass, and that their respective titles be as aforesaid.

Ordered , That the Secretary request the concurrence of the House of Representatives therein.

On motion by Mr. Benton,

The Senate resumed the consideration of the motion submitted by him the 27th December in relation to the assumption of the State debts by the United States; and, after debate,

On motion by Mr. Lumpkin,

Ordered , That it lie on the table.

Mr. King submitted the following motion; which was considered, by unanimous consent, and agreed to:

Resolved , That, in pursuance of the Joint Rules of the two Houses, a committee on enrolled bills be appointed on the part of the Senate.

On motion,

It was agreed that the Vice President appoint the committee; and

Mr. Tappan and Mr. Dixon were appointed accordingly.

On motion,

The Senate adjourned.

TUESDAY, January 7, 1840. Link to Annals.

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

To the Senate of the United States:

I herewith communicate to Congress copies of a communication received from the Chief Magistrate of the State of Maryland, in respect to the cession to that State of the interest of the General Government in the Chesapeake and Ohio canal. Having no authority to enter into the proposed negotiation, I can only submit the subject to the consideration of Congress. That body will, I am confident, give to it a careful and favorable consideration, and adopt such measures in the premises, within their competency, as will be just to the State of Maryland, and to all the other interests involved.

M. VAN BUREN.

Washington , January 6, 1840.

0080 80

The message was read, referred to the Committee on Roads and Canals, and ordered to be printed.

The Vice President laid before the Senate a report of the Secretary of War, made in obedience to a joint resolution of the two Houses of Congress of the 13th February, 1839, in relation to the purchase of the island at the confluence of the St. Peter's and Mississippi rivers; which was referred to the Committee on Military Affairs.

The Vice President laid before the Senate a communication from the Secretary of State, containing additional information on the subject of the sanatory regulations of foreign countries, and supplemental to his report of the 18th ultimo; which was read, and referred to the Committee on Commerce.

Mr. Lumpkin submitted additional documents in relation to the claim of George W. Paschal; which were referred to the Committee of Claims.

Mr. Clayton presented the memorial of Joseph Sawyer, a captain in the revenue service of the United States, praying to be allowed arrears of pay due to him, and hitherto withheld by the proper department; which was referred to the Committee on Commerce.

On motion by Mr. Smith, of Connecticut,

Ordered , That the petition of William Eaton, on the flies of the Senate, be referred to the Committee of Claims.

On motion by Mr. Ruggles,

Ordered , That the memorial of a number of citizens of Louisville, Kentucky, and the petition of a number of practical engineers, of the city of New York, on the subject of explosions of steam-boilers, be severally referred to the Committee on Commerce.

Mr. Linn presented the memorial of the General Assembly of the State of Missouri, praying the establishment of a port of entry and a customhouse, at some point on the Missouri river, and that a drawback be allowed to traders engaged in the commerce between that State and the republic of Mexico, commonly called the Santa Fe trade; which was referred to the Committee on Commerce.

Mr. Davis presented the memorial of the heirs of Tristram Coffin, praying indemnity for the loss of a vessel, captured and burnt by the enemy in the year 1779, while engaged in the transportation of supplies under a contract with the Government; which was referred to the Committee on Revolutionary Claims.

Mr. Davis presented the memorial of Enoch Baldwin, praying a return of the discriminating duties paid by him on a cargo of rum imported into the United States from the British West Indies; which was referred to the Committee on Commerce.

On motion by Mr. Davis,

Ordered , That the petition of Isaac Collier, on the files of the Senate, be referred to the Committee on Commerce; and that the memorial of John Lang, on the files of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Betts,

Ordered , That the petition of E. W. and H. Smith, on the files of the Senate, be referred to the Committee of Claims; and that the petition of Betsy Booth, on the files of the Senate, be referred to the Committee on Pensions.

0081 81

Mr. Nicholas presented the petition of a number of citizens of St. Mary's Parish; in the State of Louisiana, praying a repeal of the present naturalization laws; which was referred to the Committee on the Judiciary, and ordered to be printed.

Mr. White, of Tennessee, submitted documents in relation to the expense of removing and subsisting the Stockbridge and Munsee Indians from Green Bay to Fort Leavenworth; which were referred to the Committee on Finance, and ordered to be printed.

Mr. King presented the petition of Charles A. Stuart, praying to be compensated for loss sustained by him, in consequence of being obliged to relinquish certain lands, which were erroneously surveyed to him by a United States surveyor; which was referred to the Committee on Private Land Claims.

Mr. Clay, of Alabama, from the Committee on Public Lands, to whom was referred the bill (S. 10) providing for the reduction and graduation of the price of the public lands reported it with an amendment, which was read.

Mr. Clay, of Alabama, from the Committee on Public Lands, to whom was referred the bill (S. 31) for the relief of William Jones, reported it without amendment.

Mr. Clay, of Alabama, from the Committee on Public Lands, to whom was referred the petition of John S. Wilson, reported a bill (S. 133) for the relief of John S. Wilson, of Cherokee county, Alabama; which was read and passed to the second reading.

On motion by Mr. Prentiss,

Ordered , That the Committee on Public Lands be discharged from the further consideration of the memorial of the General Assembly of Missouri, relating to a grant of land for common schools; and from the further consideration of the memorial of a number of settlers on mineral lands, praying the right of pre-emption.

Mr. Walker, from the Committee on Public Lands, to whom the following bills were referred:

S. 38. A bill for creating a new land district in the State of Missouri, and for changing the boundaries of the southwestern and western land districts in said State;

S. 79. A bill authorizing the President of the United States to cause the reserved lead mines, belonging to the United States and Territories, to be sold as other public lands;

S. 80. A bill for the relief of Isabella Hill, widow, and John Hill, Elizabeth Hill, and Samuel Hill, children and minor heirs-at-law of Samuel Hill, deceased;

S. 82. A bill for the relief of Jane Waller; reported them severally, without amendment.

On motion by Mr. Norvell,

Ordered , That the Committee on Public Lands be discharged from the further consideration of the resolutions of a number of the citizens of Cincinnati, in favor of granting a pre-emption right to America Vespucci.

Mr. Fulton, from the Committee on Public Lands, to whom the following bills were referred:

S. 72. A bill for the relief of sundry citizens of Arkansas, who lost their improvements in consequence of a treaty between the United States and the Choctaw Indians; 6

0082 82

S. 73. A bill to revive an act authorizing certain soldiers in the late war to surrender the bounty lands drawn by them, and to locate others in lieu thereof, and for other purposes;

S. 74. A bill to authorize the inhabitants of township 8, north, range 32 west, in the State of Arkansas, to enter a section of land in lieu of the 16th section, in said township, upon condition that the same is surrendered to the United States for military purposes; reported them, severally, without amendment.

Mr. Young, from the Committee of Claims, to whom the subject was referred, reported a bill (S. 134) for the relief of Joseph Paxton; which was read and passed to the second reading.

Ordered , That the report of the Committee of Claims, made at a previous session, be printed.

Mr. Hubbard, from the Committee of Claims, to whom was referred the bill (S. 110) to provide for the payment of damages sustained by indiViduals by wars with the Indian tribes since 1830, reported it with amendments; which were read.

Agreeably to notice, Mr. Grundy asked and obtained leave to bring in a bill (S. 135) to amend an act entitled “An act to authorize the State of Tennessee to issue grants, and perfect titles, to certain lands therein described, and to settle the claims to the vacant and unappropriated lands within the same;” passed the 18th day of April, 1806; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Robinson asked and obtained leave to bring in a bill (S. 136) for the relief of J. M. Strader; which was read the first and second times, by unanimous consent, and referred to the Committee on the Post Office and Post Roads.

Agreeably to notice, Mr. Linn asked and obtained leave to bring in a bill (S. 137) to allow drawback of duties on merchandise exported via Missouri to the provinces of Mexico, for the Indian trade, and for other purposes; which was read the first and second times, by unanimous consent, and referred to the Committee on Commerce.

Agreeably to notice, Mr. Fulton asked and obtained leave to bring in a bill (S. 138) to provide for the defence of the western borders of the States of Louisiana, Missouri, and Arkansas; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Nicholas asked and obtained leave to bring in a bill (S. 139) to revive the act entitled “An act to enable the claimants to land within the limits of Missouri, and Territory of Arkansas, to institute proceedings to try the validity of their claims,” approved the 26th of May, 1824, and an act amending the same, and extending the provisions of said acts to claimants to land within the States of Louisiana and Mississippi; which was read the first and second times, by unanimous consent, and referred to the Committee on Private Land Claims.

Mr. Pierce submitted the following motion for consideration:

Resolved , That the Committee on the Post Office and Post Roads be instructed to inquire into the expediency of authorizing the Postmaster General to procure maps of the post offices and post roads for the use of the Post Office Department.

Mr. Young submitted the following motion for consideration:

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Resolved , That the Committee on Public Lands be instructed to inquire into the expediency of making an additional appropriation of land or of authorizing the issuing of land scrip, for the satisfaction of the out standing military bounty land warrants, issued, or to be issued, under the authority of the United States, to the soldiers of the late War with Great Britain, or their legal representatives.

Mr. Walker submitted the following motion, which was considered by unanimous consent and agreed to.

Resolved , That the Secretary of the Treasury be directed to communicate to the Senate the amount accrued of the two per cent of the net proceeds of the sales of the public lands within the limits of the State of Mississippi, reserved under the compact by Congress with said State upon her admission into the Union, for making a road or roads leading to said State; also what amount, if any, of said two per cent fund has been appropriated by Congress for said purpose; and whether said compact as to said fund still remains unfulfilled, and what grants of land, if any, have been made by Congress, to the State of Mississippi, for the purpose of internal improvement.

The Senate proceeded to consider the motion submitted the 3d instant, by Mr. Linn, in relation to certain geological and mineralogical reports; and agreed thereto.

The Senate proceeded to consider the resolution submitted by Mr. Norvell, the 6th instant, in relation to the construction of steam revenue cutters; and agreed thereto.

The Senate proceeded to consider the resolution submitted by Mr. Norvell, the 6th instant, in relation to the claim of Mitchell Rivard to a pension; and agreed thereto.

The Senate proceeded to consider the motion submitted by Mr. Pierce, the 24th December, in relation to the pay of officers of the line and officers of the staff; and agreed thereto.

The Senate proceeded to consider the motion submitted the 6th instant, by Mr. Clay, of Alabama, on the subject of allowances to militia offices; and agreed thereto.

On motion by Mr. Grundy,

The Senate resumed the consideration of the motion submitted by Mr. Benton, the 27th December, in relation to debts of the several States.

On motion by Mr. Lumpkin,

To amend the same by striking out all after the word “ Resolved ,” and inserting “That in the assumption by the General Government of the debts of the States contracted for local purposes, whether it shall be a direct assumption which would make the General Government responsible for said debts, or indirect, by a distribution of public money among the States to enable them to pay their debts, or a pledge of public lands for the said purpose, or otherwise, would be impolitic and dangerous, unjust and unequal among the members of the Union, and wholly unauthorized by the letter or spirit of the Constitution:”

A motion was made by Mr. Grundy to refer the motion, with the proposed amendment, to a select committee, consisting of seven members; whereupon,

On motion by Mr. Preston, that the motion submitted by Mr. Benton lie on the table,

It was determined in the negative,

Yeas, 15,

Nays, 25.

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On motion by Mr. Clay, of Alabama,

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

Those who voted in the affirmative, are,

Messrs. Betts, Clay, of Kentucky, Clayton, Crittenden, Davis, Dixon, Henderson, Merrick, Prentiss, Preston, Ruggles, Smith, of Indiana, Southard, White, of Indiana, White, of Tennessee.

Those who voted in the negative, are,

Messrs. Allen, Benton, Brown, Buchanan, Calhoun, Clay, of Alabama, Fulton, Grundy, Hubbard, King, Linn, Lumpkin, Nicholas, Norvell, Roane, Robinson, Sevier, Smith, of Connecticut, Strange, Tappan, Walker, Wall, Williams, Wright, Young.

The question recurring on the proposed reference of the motion and the amendment to a select committee,

It was determined in the affirmative.

On motion,

It was agreed that the Vice President appoint the committee; and

Mr. Grundy, Mr. Lumpkin, Mr. Smith, of Indiana, Mr. Young, Mr. Hubbard, Mr. Allen, and Mr. Merrick, were accordingly appointed.

On motion by Mr. Lumpkin,

Ordered , That the amendment proposed by him be printed.

The Senate proceeded to consider the motion submitted by Mr. Norvell the 31st of December, respecting the removal of the Indians in Florida; and,

On his motion,

Ordered , That it lie on the table.

On motion by Mr. King,

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 97) making an appropriation to complete the removal of the raft of Red river, and for other purposes; and no amendment being made thereto, it was reported to the Senate.

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

The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 120) to provide for the armed occupation and settlement of that part of Florida which is now overrun and infested by marauding bands of hostile Indians; and,

After debate, and the consideration of Executive business, by unanimous consent,

The Senate adjourned.

WEDNESDAY, January 8, 1840. Link to Annals.

The Vice President laid before the Senate the following reports of the Secretary of War:

1. Report showing the expenditure of the appropriation for the contingent expenses of the military establishment during the year 1839.

2. Report made in compliance with the resolution of the Senate of the 27th of December, in relation to permitting certain officers in the army to retire upon half pay.

The said reports were read, and ordered to be printed.

The Vice President presented the memorial of Samuel Norris, praying that his right to certain lands may not be invalidated by the treaty negotiated with the Caddo Indians in the year 1835; which was referred to the Committee on Private Land Claims.

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Mr. Norvell presented the petition of Joshua Howard, praying the confirmation of his title to a tract of land; which was referred to the Committee on Private Land Claims.

Mr. Wright presented the memorial of a number of citizens of Milwaukie, Wisconsin Territory, praying an appropriation for the construction of a harbor at that place; which was referred to the Committee on Commerce.

On motion by Mr. Wright,

Ordered , That the petition of William Dickinson, on the files of the Senate, be referred to the Committee on Indian Affairs.

On motion by Mr. Walker,

Ordered , That the memorial of Joseph Roby, on the files of the Senate, be referred to the Committee on Public Lands; and that the memorial of Joseph Radcliff, on the files of the Senate, be referred to the Committee of Claims.

Mr. Smith, of Indiana, presented the petition of Zadock Smith, praying remuneration for extra work done by him on the Cumberland road; which was referred to the Committee of Claims.

Mr. White, of Indiana, presented the memorial of a number of the inhabitants of the county of Milwaukie, in the Territory of Wisconsin, praying the confirmation of the titles of Francis Laventure and others to certain lands in said Territory; which was referred to the Committee on Private Land Claims.

On motion by Mr. Davis,

Ordered , That the petition of Noah Miller, on the flies of the Senate, be referred to the Committee on Commerce.

On motion by Mr. Ruggles,

Ordered , That the memorials of William A. Whitehead; the petition of Thomas Jefferson Smith; the petition of a number of citizens of New York; the petition of a number of citizens of New Jersey; and the petition of a number of masters of wrecking vessels on the coast of Florida, in relation to the establishment of a port of entry at Indian Key, be severally referred to the Committee on Commerce.

Mr. Allen presented the petition of W. W. Moulton and others, praying a reduction of the postage on letters; which was referred to the Committee on the Post Office and Post Roads.

Mr. Linn submitted additional documents in relation to the petition of Albin Michel, in behalf of the heirs of Madame De Lusser; which were referred to the Committee on Private Land Claims, and ordered to be printed.

On motion by Mr. Linn,

Ordered , That the petition of the heirs of James Simpson, praying the confirmation of their title to a tract of land, be printed.

The Vice President presented the memorial of the Council and House of Representatives of the Territory of Iowa, praying an amendment of the organic law of said Territory in relation to justices of the peace; which was referred to the Committee on the Judiciary, and ordered to be printed.

The Vice President presented the memorial of the Council and House of Representatives of the Territory of Iowa, praying a donation of land for the purposes of education; which was referred to the Committee on Public Lands, and ordered to be printed.

The Vice President presented the memorial of the Council and House of Representatives of the Territory of Iowa, praying the establishment of certain post routes; which was referred to the Committee on the Post Office and Post Roads, and ordered to be printed.

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The Vice President presented the memorial of the Council and House of Representatives of the Territory of Iowa, praying a settlement of the contested boundary line between said Territory and the State of Missouri; which was referred to the Committee on the Judiciary, and ordered to be printed.

The Vice President load before the Senate a report of the Postmaster General, made agreeably to law, exhibiting the disbursements from the contingent fund of the Post Office Department, from the 7th of December, 1838, to the 31st of December, 1839; which was read, referred to the Committee on the Post Office and Post Roads, and ordered to be printed.

On motion by Mr. Linn,

Ordered , That the report of the Secretary of State, made to the House of Representatives at the last session, respecting the boundary line between the State of Missouri and the Territory of Iowa, and the memorial of the General Assembly of the State of Missouri, presented the 2d session of the 21st Congress, praying that the north and northwestern boundary may be enlarged, and a mounted force granted for the protection of the frontier of the State, and its trade with Mexico and the Indians, be referred to the Committee on the Judiciary.

Mr. Walker submitted the following motion; which was considered by unanimous consent, and agreed to:

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of establishing a port of entry at Mississippi City, in the State of Mississippi.

Mr. Young submitted the following motions for consideration:

Resolved , That the Committee on Public Lands he instructed to inquire into the expediency of authorizing and requiring the registers and receivers of the United States land offices, in their offices, and within their districts, respectively, to administer oaths in all cases where, by law or the rules of the Treasury or Land Office Department, affidavits or oaths are required to be made previous to the purchase or entry of any tract of land, without any fee or extra compensation for such service.

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of establishing ports of entry and delivery, or ports of delivery, at the cities of Chicago, Alton, and Cairo, in the State of Illinois.

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of establishing a hospital for the accommodation of sick and disabled boatmen, and indigent passengers navigating the Mississippi and Ohio rivers, at the city of Cairo, in the State of Illinois.

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of making specific appropriations for the improvement of the Rock river and Des Moines rapids of the Mississippi river, so as to make said river navigable for steamboats at all seasons of the year, when the navigation is not obstructed by ice.

Mr. Smith, of Indiana, submitted the following motion for consideration:

Resolved , That the Committee on Commerce he instructed to inquire into the expediency of establishing a marine hospital for the accommodation of sick and disabled boatmen and passengers, on the Ohio rivers, at Evansville, in the State of Indiana; and that the papers and documents relative to the same, submitted to the Senate at the last session, be referred to said committee, together with all other papers relative to the establishment of marine hospitals on the western waters.

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On motion by Mr. Wall,

Ordered , That the Committee on the Judiciary be discharged from the further consideration of the petition of John Kurtz, and that it be referred to the Committee of Claims.

Mr. Wall, from the Committee on the Judiciary, to whom the following bills were referred:

S. 93. A bill for the relief of the assignees of Louis Baron de Ferriet;

S. 128. A bill for the relief of the heirs of Francis Newman;

S. 129. A bill to amend the act entitled “An act to amend the several acts respecting copy right;” reported them, severally, without amendment.

Mr. Wall, from the Committee on the Judiciary, to whom the subject was referred, reported a bill (S. 140) respecting the heirs of Agness Dundas; which was read, and passed to the second reading.

Mr. Smith, of Indiana, from the Committee on Roads and Canals, who were instructed by a resolution of the Senate of the 3d instant to inquire what legislation is necessary to confirm to the State of Indiana the land claimed and selected by her to aid in the completion of the Wabash and Erie canal, submitted a report, accompanied by a bill (S. 141) to confirm to the State of Indiana the land selected by her for that portion of the Wabash and Erie canal which lies between the mouth of the Tippecanoe river and Terre Haute, and for other purposes.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Strange, from the Committee on the Judiciary, to whom was referred the bill (S. 123) to amend an act entitled “An act to prohibit the importation of slaves into any port or place within the jurisdiction of the United States from and after the 1st day of January, in the year of our Lord 1808,” approved the 2d day of March, 1807, reported it without amendment.

Mr. Lumpkin, from the Committee on the Post Office and Post Roads, to whom was referred the bill (S. 124) for the relief of Avery, Saltmarsh, and Company, reported it without amendment.

Mr. Robinson, from the Committee on the Post Office and Post Roads, to whom the following bills were referred:

S. 130. A bill for the relief of the Steamboat Company of Nantucket;

S. 136. A bill for the relief of J. M. Strader; reported them, severally, without amendment.

The Senate proceeded to consider the motion submitted yesterday by Mr. Young, respecting an appropriation of land to satisfy outstanding military bounty land warrants; and agreed thereto.

The Senate proceeded to consider the motion submitted yesterday by Mr. Pierce, respecting the purchase of certain maps; and agreed thereto.

The Senate proceeded to consider the resolution reported by the Committee on Pensions on the petition of Daniel Palmer; and,

On motion by Mr. Buchanan,

Ordered , That it lie on the table.

Agreeably to notice, Mr. Young asked and obtained leave to bring in the following bills:

S. 142. A bill for the relief of William Bennett;

S. 143. A bill for the relief of John L. Scott;

S. 144. A bill for the relief of Charles A. Dodd;

S. 145. A bill for the relief of Dennis Quinlivan;

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S. 146. A bill for the relief of Alfred Westfall;

S. 147. A bill for the relief of James H. Ralston;

S. 148. A bill for the relief of David McNair;

S. 149. A bill for the relief of Jacob Hanks;

S. 150. A bill for the relief of John Richey;

S. 151. A bill for the relief of Samuel Ferguson.

The said bills were severally read the first and second times, by unanimous consent, anal, with the documents on file, referred to the Committee of Claims.

A message from the House of Representatives, by Mr. S. Burche:

Mr. President: The House of Representatives concur in the amendments of the Senate to the bill (H. R. 2) “making appropriations, in part, for the support of Government for the year 1840.”

They concur in the resolution passed by the Senate for the appointment of a joint committee on enrolled bills, and have appointed Mr. Burke and Mr. Naylor the committee on their part.

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.

Mr. Tappan reported from the committee that they had examined and found duly enrolled the bill (H. R. 2) entitled “An act making appropriations, in part, for the support of Government for the year 1840.”

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 bill (S. 97) making an appropriation to complete the removal of the raft of Red river, and for other purposes, having been reported by the committee correctly engrossed, was read a third time.

Resolved , That this bill pass, and that the title thereof be as aforesaid.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 120) to provide for the armed occupation and settlement of that part of Florida which is now overrun and infested by marauding bands of hostile Indians; and, having been amended, it was reported to the Senate; and the amendment was concurred in.

Ordered , That this bill be engrossed and read a third time.

The Senate proceeded to consider, as in Committee of the Whole, the following bills and joint resolution:

S. 18. A bill in addition to an act for the relief of Walter Loomis and Abel Gay, approved July 2, 1836;

S. 1. Joint resolution authorizing the President of the United States cause certain surveys to be made;

S. 1. A bill for the relief of William H. Robertson, Samuel H. Garrow, and J. W. Simonton;

S. 2. A bill for the relief of William A. Whitehead, late collector of the customs for the port of Key West;

S. 23. A bill authorizing the Secretary of War to adjust and pay to Benjamin Murphy, of Arkansas, the value of his corn, cattle, and hogs, taken by the Cherokee Indians in the month of December, 1828;

S. 24. A bill for the relief of Richard T. Banks, of the State of Arkansas; and, no amendment being made thereto, they were severally reported to the Senate.

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

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Mr. Tappan reported from the committee that they had presented to the President of the Unitad States the enrolled bill (H. R. 2) this day reported to have been examined.

After the consideration of Executive business,

The Senate adjourned.

THURSDAY, January 9, 1840. Link to Annals.

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

To the Senate of the United States:

In addition to the papers accompanying my messages of the 23d and 30th ultimo, I communicate to Congress a copy of a letter, with its enclosure, since received at the Department of State, from the Governor of Iowa, in relation to the disputed boundary between that Territory and the Slate of Missouri.

M. VAN BUREN.

Washington City , January 8, 1840.

The message was read.

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

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

To the Senate of the United States:

In compliance with a resolution that passed the Senate the 30th ultimo, calling for information as to the banks which had recently suspended specie payments, and those which had resumed, as well as the cases where they had refused payment of the public demands in specie, with several other particulars, I requested the different departments to prepare reports on the whole subject, so far as connected with the business with each.

Having received an answer from the Treasury Department, which, with the documents annexed, will probably cover most of the inquiries, I herewith submit the same to your consideration; and will present the reports from the other departments so soon as they are completed.

M. VAN BUREN.

Washington City , January 8, 1840.

The message was read, and, with the accompanying documents, referred to the Committee on Finance.

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

To the Senate of the United States:

I transmit, herewith, for your consideration and action, a communication from the Secretary of War, which is accompanied by documents from the military and topographical engineer bureaus, referred to in his late annual report, as relating to the system of internal improvement carried on by the General Government, and showing the operations during the past year in that branch of the public service intrusted to the topographical bureau.

M. VAN BUREN.

Washington City , January 8, 1840.

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The message was read.

Ordered , That it be printed with the accompanying documents.

Mr. Prentiss presented the petition of Samuel J. Smith, a soldier in the late war with Great Britain, praying a pension; which was referred to the Committee on Pensions.

On motion by Mr. Hubbard,

Ordered , That the petition of John P. Converse and Henry J. Rees, on the files of the Senate, be referred to the Committee of Claims.

Mr. Linn presented the petition of Samuel Raub, junior, praying that an improvement, of which he is the inventor, for preventing explosions of steam-boilers, may be purchased by the Government, and applied to all steam-vessels in their employ; which was referred to the Committee on Commerce.

Mr. Clay, of Kentucky, presented the memorial of a number of coachlace weavers of Bridgeport, Connecticut; also, the memorial of a number of coach-lace weavers of the city and county of Philadelphia, severally praying that the same duty which is now laid upon worsted coach lace, may be extended to that manufactured from silk; which were referred to the Committee on Manufactures.

Mr. Calhoun presented the petition of the vestry and church wardens of the Protestant Episcopal Church, in Charleston, South Carolina, praying a remission of the duties upon an organ imported by them for the use of their church; which was referred to the Committee on Commerce.

Mr. Buchanan presented the memorial of a number of citizens of the United States, casual residents in the port of Malaga, in the kingdom of Spain, representing that American citizens (Protestants) dying in that port have no burial ground in which to be interred, and praying that an appropriation may be made by the Government of the United States for the purchase of a site to be applied to that object; which was referred to the Committee on Commerce.

Mr. Wright presented the memorial of John S. Roulet, praying the payment of a sum of money awarded to him under the treaty with France of July 4, 1831, and retained by the United States in payment of certain duties due from him to the Government; which was referred to the Committee on the Judiciary.

Mr. Merrick presented the memorial of the president and directors of the Patriotic Bank, of Washington, in the District of Columbia, praying a renewal of the charter of that institution; which was referred to the Committee on the District of Columbia.

Mr. Merrick presented the petition of the widow of Thomas G. Prettyman, deceased, a soldier during the late war with Great Britain, praying a pension in consideration of the services of her deceased husband; which, together with her memorial and papers on the files of the last session, was referred to the Committee on Pensions.

On motion by Mr. Merrick,

Ordered , That the petition of William Hebb, on the files of the Senate, be referred to the Committee on Naval Affairs.

On morton by Mr. Wall,

Ordered , That the petitions of a number of merchants of Charleston, South Carolina; of a number of citizens of Wilmington, North Carolina; of a number of citizens of New York; two memorials of citizens of the State of Michigan; and resolutions passed by the General Assembly of the 0091 91 State of Michigan, in relation to the construction of light-houses, on the files of the Senate, be referred to the Committee on Commerce.

Mr. Betts presented the petition of Samuel Dean, a soldier during the revolutionary war, praying a pension; which was referred to the Committee on Pensions.

On motion by Mr. Ruggles,

Ordered , That Joseph Veazie and Isaac Hilton have leave to withdraw their petitions and papers, presented at the last session.

Mr. Benton presented the petition of Madam Catharine Thiefry, superior of the religious order of the Ladies of the Sacred Heart, of St. Louis, Missouri, praying that a charitable donation made to that order by the city of Paris may be exempted from duty; which was referred to the Committee on Finance, and ordered to be printed.

Mr. White, of Indiana, presented the memorial of a number of citizens of Kosciusko county, Indiana, praying that Peter Warner, of Indiana, may be confirmed in his right of pre-emption to a tract of land; which, together with the documents in relation to the claim of Peter Warner, on the files of the Senate, was referred to the Committee on Public Lands.

Mr. Smith, of Indiana, submitted documents in relation to the establishment of a marine hospital on the Ohio river, at Evansville, in the State of Indiana; which were referred to the Committee on Commerce.

Mr. Benton submitted a document in relation to the disputed boundary between the State of Missouri and the Territory of Iowa; which was referred to the Committee on the Judiciary.

On motion by Mr. Wright,

Ordered , That the Committee on Finance be discharged from the further consideration of the petition of James Thompson, and from the further consideration of the petition of William Strickland and others.

On motion by Mr. Wright,

Ordered , That the Committee on Finance be discharged from the further consideration of the message of the 27th December last, showing the transfer of appropriations made for the War Department, during the year 1839; and that it be printed.

Mr. Wright, from the Committee on Finance, to whom was referred the bill (S. 114) supplementary to the act entitled “An act to establish branches of the Mint of the United States,” approved March 3d, 1835, reported it without amendment.

Mr. Williams, from the Committee on Naval Affairs, to whom was referred the memorial of Andrew Armstrong, submitted a report, accompanied by the following resolution:

Resolved , That the prayer of the memorial he not granted.

The report was read and ordered to be printed.

On motion by Mr. Strange,

Ordered , That the Committee on Naval Affairs be discharged from the further consideration of the memorial of Samuel H. Thompson.

On motion by Mr. Hubbard,

Ordered , That the Committee on Finance be discharged from the further consideration of the memorial of a number of manufacturers of wool, Praying a revision of the laws imposing duties on foreign goods imported.

On motion by Mr. Hubbard,

Ordered , That the Committee on Finance be discharged from the further consideration of the message of the President of the United States of the 27th December last, transmitting a report of the Secretary of the 0092 92 Treasury, exhibiting certain transfers of appropriations; and that it be printed.

Agreeably to notice, Mr. Davis asked and obtained leave to bring in a bill (S. 152) for the relief of the legal representatives of Henry J. Pickering; which was read the first and second times, by unanimous consent, and referred, with the papers on file, to the Committee on Finance.

Agreeably to notice, Mr. White, of Indiana, asked and obtained leave to bring in a bill (S. 153) for the relief of Peter Warner, of Indiana; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Mr. Wall submitted the following motions for consideration:

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of making an appropriation for the removal of the obstructions in the navigation of the sound or Kill Van Kull, and in the Raritan or Prince's bay, between the port of Perth Amboy, in the State of New Jersey, and the port of New York, in the State of New York, mentioned in the report of Captains Lawrence Kearney, John D. Sloat, and M. C. Perry, to the Secretary of the Navy, dated December 9, 1837.

Resolved , That the Committee on the Judiciary be instructed to inquire into the expediency of abolishing imprisonment, in all cases, under and by virtue of mesne process issuing out of the courts of the United States.

Mr. Young submitted the following motion for consideration:

Resolved , That the Secretary of War be instructed to report to the Senate, whether “Rock island,” in the county of Rock Island, and State of Illinois, has been abandoned as a military post by the troops of the United States, and whether the further reservation of the same is necessary for the defence of the western frontier.

The Senate proceeded to consider the resolution reported by the Committee on Naval Affairs, on the petition of William Easby; and the resolution was agreed to.

The Senate proceeded to consider the motion submitted yesterday by Mr. Young, relative to the establishment of a marine hospital at the city of Cairo; and agreed thereto.

The Senate proceeded to consider the motion submitted yesterday by Mr. Young, respecting the administration of oaths by registers and receivers; and agreed thereto.

The Senate proceeded to consider the motion submitted yesterday by Mr. Young; in relation to the improvement of Rock river, and Des Moines rapids of the river Mississippi; and agreed thereto.

The Senate proceeded to consider the motion submitted yesterday by Mr. Young, relating to the establishment of ports of entry and delivery; and agreed thereto.

The Senate proceeded to consider the motion submitted yesterday by Mr. Smith, of Indiana, respecting the establishment of marine hospitals on the western waters; and agreed thereto.

The following bills and joint resolution having been reported, by the committee, correctly engrossed, were severally read a third time:

S. 1. A bill for the relief of William H. Robertson, Samuel H. Garrow, and J. W. Simonton;

S. 2. A bill for the relief of William A. Whitehead, late collector of the customs for the port of Key West;

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S. 18. A bill in addition to an act for the relief of Walter Loomis and Abel Gay, approved July 2, 1836;

S. 23. A bill to authorize the Secretary of War to adjust and pay to Benjamin Murphy, of Arkansas, the value of his corn, cattle, and hogs, taken by the Cherokee Indians, in the month of December, 1828;

S. 24. A bill for the relief of Richard T. Banks, of the State of Arkansas;

S. 1. Resolution authorizing the President of the United States to cause certain surveys to be made.

Resolved , That the said bills and joint resolution pass, and that their respective titles be as aforesaid.

Ordered , That the Secretary request the concurrence of the House of Representatives therein.

The bill (S. 120) to provide for the armed occupation and settlement of that part of Florida which is now overrun and infested by marauding bands of hostile Indians, having been reported by the committee, correctly engrossed, was read a third time.

On the question, “Shall this bill pass?”

A debate ensued; and,

On motion by Mr. Preston,

The Senate adjourned.

FRIDAY, January 10, 1840. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of State, exhibiting the names and compensations of the clerks in that department during the year 1840; which was read, and ordered to be printed.

The Vice President laid before the Senate a report of the Secretary of the Treasury, made in compliance with a resolution of the Senate, exhibiting the prices of certain State stocks in the London and Home markets; which was read.

Ordered , That it be printed, and that fifteen hundred additional copies be sent to the Senate.

The Vice President presented the memorial of Chauncey Hall, praying that provision may be made by Congress for testing the merits of a steam engine of which he is the inventor.

Ordered , That it be referred to the Committee on Patents and the Patent Office.

On motion by Mr. Pierce,

Ordered , That Duncan L. Clinch have leave to withdraw his petition and papers presented at the last session.

Mr. Pierce presented the petition of John Bauer, a soldier in the Ordnance Department, praying a pension in consideration of a disability incurred by the premature discharge of a cannon while assisting at the firing of a national salute; which was referred to the Committee on Pensions.

Mr. Pierce presented the petition of Wilfred Knott, a soldier during the late war with Great Britain, praying a pension for wounds received while in the discharge of his duty; which was referred to the Committee on Pensions.

0094 94

On motion by Mr. Roane,

Ordered , That the petition of Stephen McCormick, on the files of the Senate, be referred to the Committee on Patents and the Patent Office.

Mr. Calhoun presented the memorial of Samuel Lord, praying to be released from liability as surety on a custom-house bond; which was referred to the Committee on Finance.

On motion by Mr. Williams,

Ordered , That the petition of James H. Clark, on the files of the Senate, be referred to the Committee on Naval Affairs.

Mr. Tappan presented the memorial of Joseph K. Boyd and others, surviving captors, and legal representatives of deceased captors, who volunteered in recapturing and destroying the frigate Philadelphia in the harbor of Tripoli, in the year 1804, praying remuneration for services performed in that action; which was referred to the Committee on Naval Affairs.

Mr. Clay, of Alabama, presented representation of W. W. Chapman, Delegate in Congress from the Territory of Iowa, on the subject of the disputed boundary between that Territory and the State of Missouri; which was referred to the Committee on the Judiciary.

Mr. Preston presented the petition of Lucy P. Green, praying to be allowed the commutation pay to which her late father was entitled as an officer in the revolutionary army; which was referred to the Committee on Revolutionary Claims.

Mr. Preston presented the memorial of Alexander Cummings and others, officers of the line of the army, praying that officers of the line may be placed upon the same footing, as to pay and promotion, as officers of the staff; which was referred to the Committee on Military Affairs.

Mr. Merrick presented the petition of Mary Blakesle, widow of a deceased revolutionary soldier, praying a pension; which was referred to the Committee on Pensions.

On motion by Mr. Merrick,

Ordered , That the petition of Eunice Starr, on the files of the Senate, be referred to the Committee on Pensions.

Mr. Merrick presented the petition of James P. Delaeour, in behalf of Eliza Delacour, widow of a soldier in the last war, praying a pension; which was referred to the Committee on Pensions.

On motion by Mr. Roane,

Ordered , That the petition of Jeremiah Fugett, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. King,

Ordered , That the Committee on Commerce be discharged from the further consideration of the report from the Secretary of State in relation to the nature and extent of the privileges and restrictions of the commercial intercourse of the United States with foreign nations, and that it be referred to the Committee on Finance.

Mr. Walker presented the petition of Thomas Barnard, one of the representatives of Joseph Barnard, deceased, praying the passage of an act to authorize the representatives of Joseph Barnard, deceased, to locate a quantity of land on any of the unappropriated public lands in the State of Mississippi; which was referred to the Committee on Public Lands.

Mr. Walker presented the petition of John W. Monette, praying the confirmation of his title to certain tracts of land; which was referred to the Committee on Public Lands, and ordered to be printed.

0095 95

Mr. Walker submitted a document in relation to the petition of Joseph Radcliff; which was referred to the Committee of Claims.

Mr. Merrick presented the memorial of Joseph L. Smith and others, praying that the Committee on Agriculture may be instructed to report, annually, on the state of the agricultural interests of the United States; which was referred to the Committee on Agriculture, and ordered to be printed.

Mr. Walker presented the memorial and proceedings of a meeting of the inhabitants of St. Augustine, in Florida, praying that a law may be passed to organize a Separate Territorial Government for that part of Florida which lies east of the Suwanee river.

On motion by Mr. Walker,

That the memorial and proceedings be referred to a select committee, and printed,

It was agreed that the memorial and proceedings be printed; and,

On motion by Mr. Calhoun,

Ordered , That the motion to refer the same to a select committee lie on the table.

Mr. Benton presented the petition of Zadoc Martin, praying the right of pre-emption to a tract of land; which was referred to the Committee on Public Lands.

Mr. Benton presented the memorial of a number of the citizens of Washington county, Missouri, praying the establishment of an additional land office; which was referred to the Committee on Public Lands.

Mr. Wall, from the Committee on the Judiciary, to whom was referred the memorial of John S. Roulet, reported:

“That the prayer of the memorialist ought not to be granted.”

Mr. Wall, from the Committee on the Judiciary, to whom the subject was referred, reported a bill (S. 154) to amend the act “to provide for taking the sixth census or enumeration of the inhabitants of the United States,” approved March 3, 1839; which was read, and passed to the second reading.

Mr. Clay, of Alabama, from the Committee on Public Lands, to whom was referred the bill (S. 12) supplemental to the act entitled “An act to grant pre-emption rights to settlers on the public lands,” approved June 22, 1838, reported it with an amendment, which was read.

On motion by Mr. Williams,

Ordered , That the Committee on Naval Affairs be discharged from the further consideration of the memorial of John Pritchett, and that it be referred to the Committee of Claims.

Mr. Williams, from the Committee on Naval Affairs, to whom was referred the memorial of the widow of Elijah J. Weed, submitted a report, accompanied by the following resolution:

Resolved , That the prayer of the memorial of Julia L. Weed, praying an increase of pension, be not granted.

The report was read.

Ordered , That it be printed.

Mr. Tappan, from the Committee on Naval Affairs, to whom was referred the petition of Henry Fry, submitted a report, accompanied by the following resolution:

Resolved , That the petition of Henry Fry is unreasonable, and cannot be granted.

0096 96

Ordered , That the report be printed.

Mr. Fulton, from the Committee on Public Lands, to whom was referred the petition of John A. L. Norman, submitted a report, accompanied by a bill (S. 155) granting one township of land to the Territory of Florida for the establishment of the Dade Institute.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Agreeably to notice, Mr. Young asked and obtained leave to bring in the following bills:

S. 156. A bill for the relief of Benjamin Parsons;

S. 157. A bill granting to the Galena and Chicago Union Railroad Company the right of way over the public lands of the United States, and for other purposes.

The bills were read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Mr. Walker submitted the following motion, which was considered, by unanimous consent, and agreed to:

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of establishing ports of entry at Grand Gulf and Rodney, in the State of Mississippi.

The Senate proceeded to consider the motion submitted yesterday by Mr. Wall, respecting imprisonment for debt under mesne process; and agreed thereto.

The Senate proceeded to consider the motion submitted yesterday by Mr. Wall, respecting the removal of obstructions to the navigation of the sound, or Kill Van Kull; and agreed thereto.

The Senate proceeded to consider the motion submitted yesterday by Mr. Young, in relation to the occupation or abandonment of Rock island as a military post; and agreed thereto.

The Senate resumed the third reading of the bill (S. 120) to provide for the armed occupation and settlement of that part of Florida which is now overrun and infested by marauding bands of hostile Indians.

On motion by Mr. Tappan,

To recommit the bill, with instructions to report certain amendments thereto,

On motion by Mr. Wall,

Ordered , That the further consideration of the bill be postponed until to-morrow, and that the proposed amendments be printed.

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

To the Senate of the United States:

I transmit herewith, in compliance with a resolution of the 30th ultimo, the proceedings of the court of inquiry in the case of Lieutenant Colonel Brant, held at St. Louis in November last, and the papers connected therewith, together with a copy of that officer's resignation.

The report of the Secretary of War, which accompanies these papers, contains the reasons for withholding the proceedings of the court martial.

M. VAN BUREN.

Washington , January 10, 1840.

The message was read.

Ordered , That it be printed, with the accompanying documents.

0097 97

On motion by Mr. Merrick,

That the Senate, when they adjourn, adjourn to Monday next,

It was determined in the affirmative,

Yeas 21,

Nays 15.

On motion by Mr. Wright,

The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative, are,

Messrs. Clay of Kentucky, Clayton, Davis, Dixon, Grundy, Fulton, Linn, Lumpkin, Merrick, Mouton, Nicholas, Phelps, Pierce, Prentiss, Preston, Roane, Robinson, Smith, of Indiana, Southard, Walker, White, of Indiana.

Those who voted in the negative, are,

Messrs. Allen, Betts, Benton, Buchanan, Calhoun, Clay of Alabama, Henderson, Hubbard, King, Norvell, Smith, of Connecticut, Tappan, White, of Tennessee, Williams, Wright.

After the consideration of Executive business,

The Senate adjourned.

MONDAY, January 13, 1840. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of War, accompanied by a communication from the Commissioner of Indian Affairs, with estimates of the appropriations necessary for the service of the Indian Department in the year 1840; which was read, and ordered to be printed.

Mr. Prentiss presented the memorial of a number of citizens of Racine, in the Territory of Wisconsin, praying an appropriation for the construction of a harbor at that place; which was referred to the Committee on Commerce, and ordered to be printed.

On motion by Mr. Linn,

Ordered , That the petition of the heirs of Joseph Rodedoux, on the files of the Senate, be referred to the Committee on Private Land Claims.

Mr. Linn presented the petition of Adam D. Steuart, a paymaster in the army, praying the reimbursement of expenses incurred by him in prosecuting a suit for the recovery of certain public money stolen while under his custody; which was referred to the Committee of Claims.

Mr. Walker presented the petition of John Briggs, a soldier during the war of the revolution, praying a pension; which was referred to the Committee on Pensions.

On motion by Mr. King,

Ordered , That the Committee on Commerce be discharged from the further consideration of the petition of the vestry and church wardens of the Protestant Episcopal Church of Charleston, South Carolina; and that it be referred to the Committee on Finance.

Mr. White presented the following preamble and resolutions passed by the General Assembly of the State of Tennessee:

“Whereas, the General Assembly of the State of Tennessee have, on various occasions, when in their opinion the great public interest of the country demanded it. expressed in the most solemn form, their views in regard to questions of a national character involving the welfare of the people of the United States, and have at all nines, when deemed necessary to give practical effect to the sentiments which they entertained, 7 0098 98 availed themselves of the power which legitimately, and in conformity with long established Republican usage, throughout the Union belonged to them of instructing their Senators and requesting their Representatives in Congress to Carry out, as to specific measures, their declared wishes; and whereas, the extraordinary circumstances which have existed for the last few years, in the financial and commercial interests of the United States remain unabated, and under causes of increased excitement and difficulty, originating as we believe in the same vast source of public mischief; and whereas we do solemnly believe that to that source, the late Bank of the United States, is in a great degree to be attributed me oppressive calamities under which we have suffered and through which we are now actually passing; and whereas during the history of the last few years we have seen this mammoth moneyed power struggling almost with success against the Government, and wielding a power in the production of panic and disaster, that in the language of its boldest advocates we were pronounced to be in the midst of a revolution; and the terrible evils which we have not only been taught it may inflict, and the present admonitions , which proceed from the last throes and agonies of that expiring power, justify us, and demand at the hands of the General Assembly, who should truly be the guardians of the happiness and prosperity of the people, any effort which can in anywise strengthen the council; of the nation against the recurrence of similar causes and results, and which may encourage the administration of the country to adhere to its existing wise and prudent policy in regard to this great and absorbing subject: and

“Whereas the Constitution of the United States contemplates a Treasury to be held by the Government, wholly free from any necessary connexion with banks, and the present crisis, as well as times past, has demonstrated the wisdom of such a measure, this General Assembly do most fully approve the policy heretofore recommended by the President of the United States in relation to what has been denominated an Independent Treasury, and believe that the passage of the measure brought forward in the last Congress, or some similar system upon this subject, would be not only prudent, but is absolutely demanded by the peculiar and remarkable vicissitudes which have acted powerfully upon the currency and commerce of our country; and further, that such a measure would contribute to the more permanent stability of our institutions, the independence of the Government for all purposes of peace and war, to check the wild and extravagant spirit of the age that has come upon us with a reckless fury, and would ultimately tend to bring us back to sober reflection, steady pursuits, and the confirmed possession of an ample prosperity; and

“Whereas this General Assembly do believe, that the public domain of the United States should not be treated by the General Government as a mere source for the acquisition of money to the public Treasury: but, by reducing the price to reasonable and moderate rates, should rather be regarded as the great and extensive means of encouragement to the augmentation of our population, and the reward of the laborer and the husbandman, (by the grant of pre-emption rights,) who in times of peril will be a powerful bulwark to the frontier, and the right arm of safety and defence against the hostile invasion of a foreign foe: and

0099 99

“Whereas the liberty of speach and the freedom of the press are consider as invaded directly or by implication in the provisions of a bill which was brought before the Senate of the United States at the last session of Congress, entitled “A bill to prevent the interference of certain Federal officers in elections:” and

“Whereas the people of the United States have long paid a tribute of millions to the monopolists of salt, under the tax which has been imposed upon the foreign importations of that necessary article, whereby the quantiantity which would otherwise have been introduced into the United States has been diminished, and the price to the consumer increased: and

“Whereas, reviewing the history of our Government for the last ten years, a period which will be remarkable through all fixture time, and looking around upon the events now being daily developed, this General Assembly have reason to congratulate the country that its destinies were cast at the approach of the great and trying events which have within that period rapidly succeeded each other, in the hands of our venerable and patriotic fellow citizen, Andrew Jackson: and whereas, his policy began the restoration of that system which was hailed in 1800, as the establishment of sound principles, and was steadily pursued by him and transmitted with the impress of his character to the hands of his distinguished successor; and whereas the finn and patient wisdom of the present Chief Magistrate, pursuing the same policy, has successfully conducted our domestic and foreign relations in the midst of peculiar and very extraordinary difficulties: therefore, be it,

“1st. Resolved by the General Assembly of the State of Tennessee , That our Senators in Congress be instructed and our Representatives requested to vote against the chartering by Congress of a National Bank.

“2d. Resolved further , That our Senators in Congress be instructed and our Representatives requested to vote for, and to use all fair and proper exertions to procure, the passage of the measure brought forward in the Congress of the United States, commonly called the Sub Treasury Bill, or Independent Treasury Bill, the object of which was to separate the collection, keeping, and disbursement, of the public money from all banks, so as to make the Treasury of the United States independent of all banks, as recommended by the President of the United States in his several messages communicated to the last Congress of the United States.

“3d. Resolved further , That this General Assembly doth unqualifiedly condemn the provisions of a bill heretofore before the Senate of the United States, at its last session, entitled “A bill to prevent the interference of certain Federal officers in elections,” which bill this General Assembly doth declare to be a violation of the Constitution of the United States, which provides that “Congress shall pass no law abridging the freedom of speech and of the press,” and they do as unqualifiedly condemn the vote given in favor of said bill by the Senators in Congress from this State, and our said Senators in Congress are hereby instructed, and our Representatives requested, to vote against and to use all fair and proper exertions to prevent the passage of the same or any similar bill.

“4th. Resolved further , That our Senators in Congress be instructed and our Representatives requested to vote against the measure heretofore brought before Congress, which had for its object the distribution among the States the proceeds of the sales of the public lands, and that they be further instructed to vote for and use all fair and proper exertions to procure 0100 100 the passage of a law for the graduation and reduction of the price of the public lands, and for granting pre-emption rights to the occupant settlers thereon.

“5th. Resolved further , That our Senators in Congress be instructed and our Representatives requested to vote for and use all fair and proper exertions to procure the passage of a law repealing the duties on imported salt.

“6th. Resolved further , That this General Assembly doth heartily approve the leading measures and policy of the administrations of Andrew Jackson and Martin Van Buren, and our Senators in Congress are hereby instructed and our Representatives requested to support in good faith the leading measures and policy as brought forward and advocated by the present President of the United States, and to use all fair and proper exertions to carry out, sustain, and accomplish the same.

“7th. And resolved further , That the Governor be requested to transmit to each of our Senators and Representatives in Congress, a copy of the foregoing preamble and resolutions.”

The preamble and resolutions were read.

Mr. White having moved that they lie on the table, and be printed, announced to the Senate the resignation of his seat in that body.

Ordered , That the preamble and resolutions be printed.

On motion by Mr. Linn,

Ordered , That the memorial of Samuel Norris, praying the confirmation of his title to a tract of land, be printed.

Mr. Hubbard presented the memorial of Benjamin L. Carleton, heir of John Carleton, deceased, late a seaman in the naval service of the United States, praying to be allowed arrearages of the half pay to which his late father was entitled at the time of his death; which was referred to the Committee on Naval Affairs.

Mr. Hubbard presented the memorial of Nathaniel Gunnison, praying to be allowed the fishing bounty of which he was deprived by an error of the collector at Portsmouth; which was referred to the Committee on Commerce.

Mr. Hubbard presented the memorial of Abigail Carleton and others, widows of officers and seamen attached to the privateer service of the United States, praying a renewal of their pensions; which was referred to the Committee on Naval Affairs.

Mr. Hubbard presented the memorial of Edward Ward and others, noncommissioned officers and privates of the army, praying that provision may be made for granting pensions to the widows and children of the non-commissioned officers and soldiers of the army, who may die or be killed in the service of the United States; which was referred to the Committee on Pensions.

Mr. Smith, of Indiana, submitted an additional document in relation to the petition of Zadock Smith; which was referred to the Committee of Claims.

Mr. Linn presented the memorial of the Western Academy of Natural Sciences at St. Louis, Missouri, praying the aid of the General Government in the purchase of a library and instruments, the erection of a suitable building, and the purchase of ground for a botanic garden for that institution; which was referred to the Committee on Public Lands, and ordered to be printed.

0101 101

On motion by Mr. Southard,

Ordered , That the petition of William Hogan, administrator of Michael Hogan, deceased, on the files of the Senate, be referred to the Committee on Naval Affairs; that the petition of Aaron Camp, on the files of the Senate, be referred to the Committee on Pensions; and that the petition of Joseph Hugg, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

Mr. Merrick presented the petition of John Scrivener, praying remuneration for property destroyed by the enemy during the last war with Great Britain; which was referred to the Committee of Claims.

Mr. Merrick presented the petition of William Hodson, praying remuneration for property destroyed by the enemy during the last war with Great Britain; which was referred to the Committee of Claims.

Mr. Merrick presented the petition of James Tongue, praying remuneration for property destroyed by the enemy during the last war with Great Britain; which was referred to the Committee of Claims.

On motion by Mr. Betts,

Ordered , That the petition of Lewis Newrisha, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Merrick,

Ordered , That the petition of the heirs of Abraham White, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Tappan,

Ordered , That the petition of Nahum Ward, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

Mr. Preston presented the petition of the heirs of James Mayson, deceased, late an officer in the army of the revolution, praying remuneration for the military services of their ancestor; which was referred to the Committee on Revolutionary Claims.

Mr. Hubbard presented the memorial of the Legislative Assembly of the Territory of Wisconsin, praying the confirmation of the titles of Francis Laventure and others, to certain tracts of land in the county of Milwaukie, in said Territory; which was referred to the Committee on Private Land Claims, and ordered to be printed.

Mr. Tappan presented the memorial of a number of citizens of Racine, in the Territory of Wisconsin, praying an appropriation for the construction of a harbor at that place; which was referred to the Committee on Commerce.

Mr. Hubbard submitted the following motion; which was considered, and agreed to:

Resolved , That the Committee on Pensions be instructed to inquire into the expediency of granting to Mary Neal, the widow of Samuel Neal, a pension under the act of July 4, 1836.

He also submitted documents in relation to the claim of Mary Neal; which were referred to the Committee on Pensions.

Mr. Calhoun submitted the following motion for consideration:

Resolved , That the President of the United States be requested to communicate to the Senate, whether the Government of Great Britain has yet made compensation to our citizens in the case of the brigs Enterprise, Encomium, and Comet; the first of which was forced by stress or weather, into Port Hamilton, Bermuda island, and the other two wrecked on the Keys of the Bahama, and the slaves on board forcibly seized and detained; 0102 102 with a copy of any correspondence relating thereto, which may have taken place between the two Governments since the answer to the call at the last session, on the same subject.

Mr. Smith, of Indiana, submitted the following motions for consideration:

Resolved , That the Secretary of War be directed to send to the Senate, a copy of the report of Nathaniel West, commissioner to investigate claims against the Miami Indians, for the year 1839, with a statement of the expenses of that commission, including all charges, to whom due or paid, and for what services, designating the charges made and allowed for mileage, and by whom charged, the date of the appointment of the commissioner and secretary, and at what time the commission closed.

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of compensating Hiram H. Lewis and William T. Lewis, of Indiana, for two horses lost by them while in the military service of the United States, and that the documents on file, relative to the same, be referred to said committee.

Mr. Young submitted the following motion; which was considered, by unanimous consent, and agreed to:

Resolved , That the Committee on the Post Office and Post Roads be instructed to inquire into the expediency of establishing post roads from Pittsfield, in Pike county, to Clayton, in Adams county; and from Pittsfield, by Mountsterling, in Brown county, to Macomb, in McDonough county, in the State of Illinois.

Mr. Young also submitted a document in relation to the subject; which was referred to the Committee on the Post Office and Post Roads.

Mr. Norvell submitted the following motion for consideration:

Resolved , That the Committee on the Judiciary be instructed to inquire into the expediency of passing a general bankrupt law.

Mr. Preston submitted the following motion for consideration:

Resolved , That the Committee on Finance be instructed to inquire into the propriety of modifying the duties upon the importation of works in marble, so as to authorize the introduction of the works of citizens of the United States residing abroad free of duty, and of other productions of the fine arts, at a reduced duty.

The following messages were received from the President of the United States, by Mr. Van Buren, his secretary:

To the Senate of the United States:

I transmit to the Senate, in compliance with its resolution of the 30th ultimo, two reports of the Secretary of State, containing the answers of the Commissioner of Patents, and the disbursing agent of the Department of State, to the inquiries embraced in said resolution.

M. VAN BUREN.

Washington , January 11, 1840.

To the Senate of the United States:

I transmit herewith a report and statement of the Secretary of the Treasury, furnishing the information called for by the resolution of the 30th ultimo, in relation to the amount of money drawn from the Treasury in each of the five years preceding the commencement of the present session of Congress, except the amount drawn under the special pension laws. The statement showing the amount, it will be seen from the accompanying 0103 103 communication of the Secretary of War, will take some little time, but will be prepared as early as possible, and transmitted.

M. VAN BUREN.

Washington , January 11, 1840.

The messages were severally read.

Ordered , That they be printed.

The Vice President laid before the Senate a report of the Secretary of the Treasury, made in obedience to a resolution of the Senate, in relation to the exaction of duties from vessels employed in the whale fishery, and the description of vessels employed therein; which was read, and ordered to be printed.

On motion by Mr. Linn,

Ordered , That the Committee on Private Land Claims be discharged from the further consideration of the petition of Charles A. Stuart, and that it be referred to the Committee on Public Lands.

Mr. Davis, from the Committee on Commerce, to whom was referred the petition of Enoch Baldwin, submitted a report, accompanied by a bill (S. 158) for the relief of the owners of the British brig Despatch.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Smith, of Indiana, from the Committee on Roads and Canals, to whom was referred the bill (S. 22) to authorize the Mount Carmel and New Albany Railroad Company to enter, on a credit, a quantity of land to aid the company in the construction of a railroad from New Albany, in the State of Indiana, to Mount Carmel, in the State of Illinois, and for other purposes, reported the same with an amendment, which was read.

Mr. Smith, of Indiana, also made a special report on the subject, which was ordered to be printed.

Mr. Young, from the Committee on Roads and Canals, to whom the subject was referred, reported a bill (S. 159) for the continuation of the Cumberland road in the States of Ohio, Indiana, and Illinois; which was read and passed to the second reading.

On motion by Mr. Strange,

Ordered , That the Committee on Naval Affairs be discharged from the further consideration of the petition of the widow of William Truxton.

On motion by Mr. Wright,

Ordered , That the Committee on Finance be discharged from the further consideration of the message of the President of the United States, of the 9th instant, in relation to the banks which have recently suspended specie payments; that it be printed; and that two thousand copies, in addition to the usual number, be printed for the use of the Senate.

On motion by Mr. Wright,

Ordered , That the Committee on Finance be discharged from the further consideration of the report of the Secretary of State, of the 30th of December last, on the nature and extent of the privileges and restrictions of the commercial intercourse of the United States with foreign nations; that the report be printed, and that two thousand additional copies be printed for the use of the Senate, and five hundred for the use of the Department of State, for the disposition of that department among the diplomatic, consular, and commercial agents of the United States in foreign countries, and otherwise, as the Secretary of State shall direct.

0104 104

Mr. Tappan, from the Committee on Naval Affairs, to whom was referred the petition of Archibald S. Campbell, submitted a report, accompanied by the following resolution:

Resolved , That the petition of Archibald S. Campbell is unreasonable, and ought not to be granted.

The report and resolution were read.

Ordered , That they be printed.

On motion by Mr. Williams,

Ordered , That the Committee on Naval Affairs be discharged from the further consideration of the petition of Francis Martin.

Mr. Williams, from the Committee on Naval Affairs, to whom was referred the memorial of Josiah Sturgis and others, officers and seamen of the revenue cutter service, submitted a report, accompanied by the following resolution:

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

Ordered , That the report be printed.

Mr. Phelps, from the Committee on Roads and Canals, to whom was referred a bill (S. 86) for the benefit of the Selma and Tennessee Railroad Company, reported it without amendment.

Mr. Henderson, from the Committee on Roads and Canals, to whom the following bills were referred:

S. 87. A bill for the benefit of the Alabama, Florida, and Georgia Railroad Company;

S. 88. A bill for the benefit of the Gainesville and Narkeeta Railroad Company; reported them, severally, without amendment.

Agreeably to notice, Mr. Strange asked and obtained leave to bring in a bill (S. 160) for the relief of Hazard Knowles; which was read, and passed to the second reading.

Agreeably to notice, Mr. Davis asked and obtained leave to bring in a bill (S. 161) to refund to Noal Miller and others, a part of the proceeds of the sale of the British sloop Mary and cargo, which were captured by them, and libelled and sold for the benefit of the United States; which was read the first and second times, by unanimous consent, and referred to the Committee on Commerce.

Agreeably to notice, Mr. Sevier asked and obtained leave to bring in a bill to authorize the Legislature of the State of Arkansas to sell the lands heretofore appropriated for the use of schools in that State; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 14) to establish a board of commissioners to hear and examine claims against the United States.

On motion by Mr. Hubbard,

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

The Senate resumed the consideration of the bill (S. 120) to provide for the armed occupation and settlement of that part of Florida which is now overrun and infested by marauding bands of hostile Indians, together with the motion to recommit the same to the Committee on Military Affairs with certain instructions; and,

After further debate,

The proposed instructions were withdrawn; and

0105 105

The motion to recommit was agreed to.

On motion,

The Senate adjourned.

TUESDAY, January 14, 1840. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of the Treasury, showing the names and salaries of the clerks employed in the several offices of that department; which was read, and ordered to be printed.

The Vice President laid before the Senate a report from the Secretary of War, relative to the abandonment of Rock island, in the State of Illinois, as a military post, made in compliance with a resolution of the Senate of the 10th instant; which was read.

On motion by Mr. Young,

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

The Vice President submitted a paper in relation to a reduction of the postage on letters.

On motion by Mr. Robinson,

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

On motion by Mr. Allen,

Ordered , That the petition of William Tracy, on the files of the Senate, be referred to the Committee on Pensions.

Mr. Allen presented the memorial of the president and directors of the Portsmouth and Columbus Turnpike Company, praying a grant of public land, upon certain conditions, to aid said company in the construction of a road; which was referred to the Committee on Public Lands.

Mr. Grundy presented the memorial of a number of citizens of the county of Milwaukie and Territory of Wisconsin, praying the confirmation of the tides of Francis Laventure and others to certain tracts of land in said Territory; which was referred to the Committee on Private Land Claims.

Mr. Roane presented the petition of a number of citizens of Prince William county, Virginia, praying a reduction of the postage on letters; which was referred to the Committee on the Post Office and Post Roads.

Mr. Norvell submitted additional documents in relation to the claim of the Michigan militia; which were referred to the Committee on Military Affairs.

On motion by Mr. Hubbard,

Ordered , That the petition of James Williams and the petition of John H. McIntosh, on the files of the Senate, be severally referred to the Committee of Claims.

On motion by Mr. Williams,

Ordered , That the petition of Jacob Pennell and others, on the files of the Senate, be referred to the Committee on Commerce.

On motion by Mr. Clay, of Alabama,

Ordered , That the petition of John M. Moore, on the files of the Senate, be referred to the Committee on Public Lands.

On motion by Mr. Linn,

Ordered , That the memorial of a number of citizens of the Oregon Territory, praying Congress to take possession of, and extend their jurisdiction over the said Territory, on the files of the Senate, be referred to the Select Committee on the Oregon Territory.

0106 106

Mr. Linn presented the petition of a number of citizens of the State of Missouri, praying a grant of land in the Oregon Territory, and the protection of the General Government, for the purpose of forming a settlement in the said Territory.

Ordered , That it be referred to the Select Committee on the Oregon Territory.

On motion by Mr. Buchanan,

Ordered , That the representatives of John Brooks have leave to withdraw their petition and papers.

Mr. Fulton submitted the following motion for consideration:

Resolved , That the Secretary of the Treasury be instructed to communicate to the Senate what steps, if any, have been taken in regard to the selection of a site and the establishment of a marine hospital at the mouth of the Arkansas river.

Mr. Fulton submitted the following motion; which was considered, by unanimous consent, and agreed to:

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of establishing a marine hospital at Little Rock.

Mr. White submitted the following motion for consideration:

Resolved , That the Secretary of War be directed to communicate to the Senate copies of the reports of Captain T. J. Cram, of the board of topographical engineers, upon internal improvements in Wisconsin, including the construction of roads and the surveys of rivers and harbors, together with a map of Wisconsin, with the routes and rivers to be improved delineated thereon.

Mr. Young submitted the following motion; which was considered, by unanimous consent, and agreed to:

Resolved , That the Committee on the Post Office and Post Roads be instructed to inquire into the expediency of changing the tri-weekly mail stage route which is established from Jacksonville, by way of Naples and Griggsville, to Clayton, in Adams county, so that said route may pass from Jacksonville, by Lynnville, Clear Lake, Pittsfield, Worcester, and Payson, to Quincy, in Adams county.

Mr. Young also submitted a document in relation to the subject; which was referred to the Committee on the Post Office and Post Roads.

Mr. Young submitted the following motion; which was considered, by unanimous consent, and agreed to:

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of reporting a bill granting an extension of credit to the State of Illinois on duty bonds already given, or hereafter to be executed, on the importation of railroad iron into that State.

Mr. Walker, from the Committee on Public Lands, to whom was referred the bill (S. 157) granting to the Chicago and Galena Railroad Company the right of way over the public lands of the United States, and for other purposes, reported it without amendment.

Mr. Walker, from the Committee on Public Lands, to whom the following bills were referred:

S. 153. A bill for the relief of Peter Warner, of Indiana;

S. 156. A bill for the relief of Benjamin Parsons; reported them, severally, without amendment.

Mr. Walker, from the Committee on Public Lands, to whom was referred the petition of the legal representatives of Joseph Barnard, reported a bill (S. 163) for their relief; which was read, and passed to the second reading.

0107 107

Mr. Hubbard, from the Committee of Claims, to whom was referred the petition of the legal representatives of John H. Piatt, submitted a report, accompanied by the following resolution:

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

Ordered , That the report be printed.

Mr. Hubbard, from the Committee of Claims, to whom was referred the petition of E. W. and H. Smith, reported a bill (S. 164) for their relief; which was read, and passed to the second reading.

Ordered , That the report relating to the said bill, made during the 2d session of the 25th Congress, be printed.

Mr. Hubbard, from the Committee of Claims, to whom was referred the bill (S. 109) for the relief of the legal representatives of John J. Bulow, jr., reported it without amendment.

Mr. Hubbard, from the Committee of Claims, to whom the following bills were referred:

S. 106. A bill for the relief of Malachi Hagan, of the Territory of Florida;

S. 108. A bill for the relief of Philip Weademan, sr., of the Territory of Florida; reported them, severally, without amendment.

Mr. Hubbard, from the Committee of Claims, to whom was referred the petition of Gad Humphreys, of the Territory of Florida, reported a bill (S. 165) for his relief; which was read, and passed to the second reading.

Mr. Robinson, from the Committee on Revolutionary Claims, to whom was referred the bill (S. 39) for the relief of Pierre Menard, Antoine Peltier, and Joseph Placy, reported it without amendment.

Mr. Robinson, from the Committee on Revolutionary Claims, to whom was referred the bill (S. 21) for the relief of the legal representatives of Colonel Francis Vigo, reported it without amendment.

Mr. Knight, from the Committee on the Post Office and Post Roads, to whom was referred the petition of Ira Day, of Vermont, reported a bill (S. 166) for his relief; which was read and passed to the second reading.

Mr. Williams, from the Committee of Claims, to whom was referred the memorial of William Cox, submitted a report, accompanied by the following resolution:

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

Ordered , That the report be printed.

Mr. Norvell, from the Committee on Public Lands, to whom was referred the bill (S. 26) making grants of public lands to certain States for purposes of internal improvement, reported it without amendment.

Mr. Fulton, from the Committee on Public Lands, to whom was referred the bill (S. 138) to provide for the defence of the western borders of the States of Louisiana, Missouri, and Arkansas, reported it without amendment.

Mr. Fulton, from the Committee on Public Lands, to whom was referred the bill (S. 162) to authorize the Legislature of the State of Arkansas to sell the lands heretofore appropriated for the use of schools in that State; reported it without amendment.

Mr. Prentiss, from the Committee on Public Lands, to whom the subject was referred, reported a bill (S. 167) granting to each of the United States a township of land for the education and instruction of deaf and dumb persons; which was read, and passed to the second reading.

Mr. Hubbard, from the Committee of Claims, to whom was referred the petition of Converse and Rees, reported a bill (S. 168) for their relief; which was read, and passed to the second reading.

0108 108

Ordered , That the report made the 3d session of the 25th Congress be printed.

On motion by Mr. King,

Ordered , That Mr. Sevier be the chairman of the Committee on Indian Affairs, and that the appointment to supply the vacancy occasioned by the resignation of Mr. White, of Tennessee, be made by the Vice President.

Mr. Lumpkin was accordingly appointed.

Agreeably to notice, Mr. Norvell asked and obtained leave to bring in a bill (S. 169) supplementary to an act to abolish imprisonment for debt in certain cases; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Ruggles asked and obtained leave to bring in a bill (S. 170) for the relief of Charles M. Keller and Henry Stone; which was read the first and second times, by unanimous consent, and, with the papers on file, referred to the Committee on Patents and the Patent Office.

Agreeably to notice, Mr. Roane asked and obtained leave to bring in a bill (S. 171) to authorize the payment of equitable commissions to the agents or attorneys of persons in whose favor awards have been made under three several treaties between the United States and certain foreign powers, which awards have been retained in the Treasury, in payment of debts due to the United States; which was read the first and second times, by unanimous consent, and referred to the Committee on Finance.

Agreeably to notice, Mr. Walker asked and obtained leave to bring in a bill (S. 172) to provide for the appointment of a district judge for the district of the State of Mississippi, and for other purposes; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Davis asked and obtained leave to bring in a bill (S. 173)for the relief of the Plumb Island Bridge and Turnpike Company; which was read the first and second times, by unanimous consent, and referred to the Committee on Commerce.

Agreeably to notice, Mr. Prentiss asked and obtained leave to bring in a bill (S. 174) for the relief of the administrator on the estate of Joseph Edson; which was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

The Senate proceeded to consider the motion submitted yesterday by Mr. Calhoun, in relation to the claims upon the British Government for certain slaves; and agreed thereto.

The Senate proceeded to consider the motion submitted yesterday by Mr. Smith, of Indiana, in relation to the claims of Hiram H. Lewis and William J. Lewis; and agreed thereto.

The Senate proceeded to consider the motion submitted yesterday by Mr. Smith, of Indiana, calling for information from the Secretary of War in relation to the expenses of a commission to investigate claims against the Miami Indians; and agreed thereto.

The Senate proceeded to consider the motion submitted yesterday by Mr. Norvell, in relation to a general bankrupt law; and agreed thereto.

The Senate proceeded to consider the motion submitted yesterday by Mr. Preston, relating to the expediency of modifying the duties on the importation of works in marble; and agreed thereto.

On motion by Mr. Wall,

0109 109

The bill (S. 154) to amend the “act to provide for taking the sixth census, or enumeration of the inhabitants of the United States,” approved March 3d, 1839, was read the second time, and considered as in Committee the Whole; and having been amended,

Ordered , That the further consideration thereof be postponed.

The bill (S. 127) to provide for the collection, safe keeping, transfer, and disbursement of the public revenue, was read the second time, and considered as in Committee of the Whole.

On motion by Mr. Clay, of Kentucky,

That the further consideration of the bill be postponed to next Monday week;

It was determined in the negative,

Yeas, 16,

Nays, 26.

On motion by Mr. Walker,

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

Those who voted in the affirmative, are,

Messrs. Betts, Clay, of Kentucky, Clayton, Crittenden, Davis, Dixon, Henderson, Merrick, Phelps, Prentiss, Preston, Robinson, Ruggles, Smith, of Indiana, Southard, White.

Those who voted in the negative, are,

Messrs. Allen, Benton, Brown, Buchanan, Calhoun, Clay, of Alabama, Fulton, Grundy, Hubbard, King, Linn, Lumpkin, Mouton, Nicholas, Norvell, Pierce, Roane, Sevier, Smith, of Connecticut, Strange, Tappan, Walker, Wall, Williams, Wright, Young.

The bill having been amended on motion by Mr. Wright;

On motion by Mr. Benton, further to amend the bill, by striking out, section 24, line 6, the words “three thousand dollars,” and inserting “ four thousand dollars; ”

It was determined in the affirmative,

Yeas, 23,

Nays, 19.

On motion by Mr. Clay, of Kentucky,

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

Those who voted in the affirmative, are,

Messrs. Allen, Benton, Brown, Buchanan, Calhoun, Clay, of Alabama, Fulton, Grundy, Hubbard, King, Linn, Mouton, Nicholas, Norvell, Preston, Roane, Sevier, Smith, of Connecticut, Strange, Tappan, Walker, Wall, Wright.

Those who voted in the negative, are,

Messrs. Betts, Clay, of Kentucky, Clayton, Crittennden, Davis, Dixon, Henderson, Lumpkin, Merrick, Phelps, Pierce, Prentiss, Robinson, Ruggles, Smith, of Indiana, Southard, White, Williams, Young.

On motion by Mr. Benton,

To amend the bill by striking out, section 24, lines 8 and 9, the words “two thousand five hundred dollars,” and inserting “ three thousand dollars; ”

It was determined in the negative,

Yeas, 20,

Nays, 22.

On motion by Mr. Clay, of Kentucky,

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

Those who voted in the affirmative, are,

Messrs. Benton, Brown, Buchanan, Calhoun, Clay, of Alabama, Fulton, Grundy, Hubbard, King, Linn, Mouton, Nicholas, Norvell, Preston, Roane, Sevier, Strange, Walker, Wall, Wright.

0110 110

Those who voted in the negative, are,

Messrs. Allen, Betts, Clay, of Kentucky, Clayton, Crittenden, Davis, Dixon, Henderson, Lumpkin, Merrick, Phelps, Pierce, Prentiss, Robinson, Ruggles, Smith, of Connecticut, Smith, of Indiana, Southard, Tappan, White, Williams, Young.

After the consideration of Executive business,

The Senate adjourned.

WEDNESDAY, January 15, 1840. Link to Annals.

On motion by Mr. Linn,

Ordered , That the memorial of Van Dorin, Pease, and Company, on the files of the Senate, be referred to the Committee on Roads and Canals, and that the memorial of Samuel Massey and Thomas James, on the files of the Senate, be referred to the Committee on Public Lands.

Mr. Clay, of Alabama, presented the memorial of the General Assembly of the State of Alabama, praying the establishment of an additional land office; which was referred to the Committee on Public Lands.

Mr. Linn presented the petition of a number of citizens of the State of Missouri, praying the passage of a law granting lands, and the protection of the General Government, to settlers in the Oregon Territory; which was referred to the Select Committee on the Oregon Territory.

Mr. Linn presented the memorial of a number of the members of the bar, in the State of Missouri, praying an extension of the jurisdiction of the district court of the United States holden at the city of St. Louis; and an increase of the salary of the district judge of the United States for the district of Missouri; which was referred to the Committee on the Judiciary.

Mr. Hubbard submitted the following motion, which was considered, by unanimous consent, and agreed to:

Resolved , That the Committee on Pensions be instructed to inquire into the expediency of allowing Tyler Spafford, of Vermont, a pension under the act of June 7, 1832.

Ordered , That the papers on file relating to the claim of Tyler Spafford be referred to the Committee on Pensions.

Mr. Pierce submitted the following motion, which was considered, by unanimous consent, and agreed to:

Resolved , That the Committee of Claims be instructed to inquire into the expediency of making compensation to General Duncan L. Clinch, for losses sustained by him in Florida, by Indian depredations.

He also submitted documents in relation to the claim of Duncan L. Clinch; which were referred to the Committee of Claims.

Mr. Williams submitted the following motion for consideration:

Resolved , That the President be requested to communicate to the Senate all the correspondence which has been had between this and the British Governments, upon the subject of the northeastern boundary, and of the jurisdiction of the disputed territory, which has not been communicated heretofore, or so much of it as, in his opinion, may be communicated without prejudice to the pending negotiation.

Resolved , That the President be further requested to communicate to the Senate all the correspondence which has been had, since the last session of Congress, with the Governor of the State of Maine, and with 0111 111 the minister of her Britannic Majesty at Washington, relative to the invasion of the State of Maine, and to the exercise of jurisdiction within the disputed territory by either party.

Mr. Nicholas submitted the following motion, which was considered, by unanimous consent, and agreed to:

Resolved , That the Secretary of War be directed to communicate to the Senate a copy of the survey recently made of the mouths of the Mississippi and adjacent rivers.

The Senate proceeded to consider the motion submitted yesterday by Mr. Fulton, relative to the establishment of a marine hospital; and agreed thereto.

The Senate proceeded to consider the motion submitted yesterday by Mr. White, of Indiana, relating to internal improvements in Wisconsin Territory; and agreed thereto.

Mr. Fulton, from the Committee on the Post Office and Post Roads, to whom was referred the bill (S. 91) for the relief of Colin Bishop, reported it without amendment.

Mr. Young, from the Committee on Roads and Canals, to whom was referred the bill (S. 28) making appropriations for the completion of certain roads commenced by the United States in the State of Michigan, reported it without amendment.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 25) to refund the money paid, and to cancel the bonds given to secure duties upon vessels and their cargoes employed in the whale fishery; and, having been amended, it was reported to the Senate; and the amendments were concurred in.

Ordered , That the bill be engrossed, and read a third time.

The Senate proceeded to consider, as in Committee of the Whole, the following bills:

S. 30. A bill for the relief of John McCartney;

S. 77. A bill for the relief of A. G. S. Wight; and, no amendment being made thereto, they were, severally, reported to the Senate.

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

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 29) for the relief of certain persons therein named; and, having been amended,

On motion by Mr. Hubbard,

Ordered , That it lie on the table.

The Senate resumed the consideration of the bill (S. 127) to provide for the collection, safekeeping, transfer, and disbursement of the public money.

An amendment having been proposed by Mr. Buchanan, it was modified, on motion by Mr. Grundy, and agreed to, as follows:

Section 24, line 12, after the word “annum,” insert, “ The treasurer of the Mint at Philadelphia shall, in addition to his present salary, receive five hundred dollars, annually, for the performance of the duties imposed by this act. The treasurer of the branch Mint at New Orleans shall also receive dollars, annually, for the additional duties created by this act .”

On motion by Mr. Sevier,

To fill the blank in the amendment with “ two thousand dollars ,”

0112 112

It was determined in the negative,

Yeas, 12,

Nays, 27.

On motion by Mr. Clay, of Kentucky,

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

Those who voted in the affirmative, are,

Messrs. Benton, Buchanan, Calhoun, King, Mouton, Nicholas, Norvell, Preston, Sevier, Strange, Wall, Wright.

Those who voted in the negative, are,

Messrs. Allen, Betts, Brown, Clay, of Alabama, Clay, of Kentucky, Clayton, Crittenden, Davis, Fulton, Grundy, Henderson, Hubbard, Knight, Lumpkin, Merrick, Phelps, Pierce, Prentiss, Roane, Robinson, Ruggles, Smith, of Connecticut, Smith, of Indiana, Tappan, Walker, White, Williams.

On motion by Mr. Allen, to fill the blank with “ one thousand dollars; ”

It was determined in the affirmative,

Yeas, 25,

Nays, 13.

On motion by Mr. Sevier,

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

Those who voted in the affirmative, are,

Messrs. Allen, Benton, Brown, Buchanan, Calhoun, Clay, of Alabama, Fulton, Grundy, Henderson, Hubbard, King, Lumpkin, Mouton, Nicholas, Norvell, Pierce, Preston, Roane, Smith, of Connecticut, Strange, Tappan, Walker, Wall, Williams, Wright.

Those who voted in the negative, are,

Messrs. Betts, Clay, of Kentucky, Clayton, Crittenden, Davis, Knight, Merrick, Phelps, Prentiss, Robinson, Ruggles, Sevier, White.

So the blank was filled with “one thousand dollars.”

On motion by Mr. Sevier,

To reconsider the vote of yesterday fixing the salary of the receiver general of public money at New York at four thousand dollars;

It was determined in the negative,

Yeas, 20,

Nays, 21.

On motion by Mr. Sevier,

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

Those who voted in the affirmative, are,

Messrs. Betts, Clay, of Kentucky, Clayton, Crittenden, Davis, Dixon, Fulton, Henderson, Knight, Merrick, Phelps, Pierce, Prentiss, Preston, Robinson, Ruggles, Sevier, Smith, of Indiana, White, Williams.

Those who voted in the negative, are,

Messrs. Allen, Benton, Brown, Buchanan, Calhoun, Clay, of Alabama, Grundy, Hubbard, King, Linn, Lumpkin, Mouton, Nicholas, Norvell, Roane, Smith, of Connecticut, Strange, Tappan, Walker, Wall, Wright.

So the motion to reconsider was not agreed to.

After the consideration of Executive business, by unanimous consent,

The Senate adjourned.

THURSDAY, January 16, 1840. Link to Annals.

The Vice President presented the credentials of Daniel Sturgeon, elected a Senator of the United States by the members of the Senate and the members of the House of Representatives of the General Assembly of the Commonwealth 0113 113 of Pennsylvania, for the term of six years, from and after the 4th day of March, 1839; which were read.

The Vice President presented the memorial of the Council and House of Representatives of the Territory of Iowa, praying an additional appropriation for the completion of a road heretofore commenced by the United States in said Territory; which was referred to the Committee on Roads and Canals, and ordered to be printed.

The Vice President presented a preamble and resolution passed by the Council and House of Representatives of the Territory of Iowa, requesting the delegate from said Territory in Congress to use his exertions to procure an appropriation for the survey of all the unsurveyed lands within that Territory to which the Indian title has been extinguished; which were referred to the Committee on Public Lands.

The Vice President presented the memorial of the Council and House of Representatives of the Territory of Iowa, praying an order of Congress for the survey of the Skunk river, in that Territory, with a view to the improvement of the navigation thereof; which was referred to the Committee on Roads and Canals.

The Vice President presented the memorial, of the Council and House of Representatives of the Territory of Iowa, praying an appropriation for the improvement of the navigation of the Cedar and Iowa rivers, in said Territory; which was referred to the Committee on Roads and Canals.

Mr. Clay, of Alabama, presented the memorial of George Whitman, praying compensation for the use of his credit to enable the Government to carry on the campaign against the Creek Indians in 1836; which was referred to the Committee of Claims.

Mr. Ruggles presented the petition of John H. Sheppard, administrator of Abiel Wood, deceased, praying to be released from a judgment recovered by the United States against him as administrator aforesaid; which was referred to the Committee on the Judiciary.

Mr. Clay, of Kentucky, presented the memorial of a number of manufacturers of cigars in the city of Baltimore, praying an increase of duty on imported cigars; which was referred to the Committee on Manufactures.

Mr. Phelps presented the petition of a number of citizens of Rutland county, Vermont, praying a reduction of the postage on letters; which was referred to the Committee on the Post Office and Post Roads.

Mr. Clay, of Kentucky, presented the memorial of a committee of the American Silk Society, praying the aid and patronage of the Government in the printing and distributing the journal of the said society; which was referred to the Committee on Agriculture, and ordered to be printed.

Mr. Norvell presented the petition of Bickford P. Hutchinson, Silas Titus, and Charles Tryon, of the State of Michigan, praying the confirmation of their title to a tract of land, or that they be allowed to locate other lands in lieu thereof; which was referred to the Committee on Private Land Claims.

Mr. Young presented the memorial of the Cairo City and Canal Company, praying that the city of Cairo, in the State of Illinois, may be selected for the site of a national armory; which was referred to the Committee on Military Affairs, and ordered to be printed.

Mr. Young presented a preamble and resolution passed by the General Assembly of the State of Illinois, instructing the Senators and requesting the Representatives of said State in Congress, to use their exertions to procure 8 0114 114 the adoption of measures for the speedy and permanent adjustment of the title of the United States to the Oregon Territory; which were referred to the select committee on the Oregon Territory, and ordered to be printed.

Mr. Young presented the memorial of a number of the inhabitants of the State of Illinois and Territories of Wisconsin and Iowa, praying an appropriation for the improvement of the navigation of the Mississippi river; which was referred to the Committee on Commerce.

Mr. Norvell submitted the following motion for consideration:

Resolved , That the Committee on Pensions inquire into the expediency of allowing a pension to James T. Chittendon, from 1815 to 1830, when his present pension commenced.

Mr. Wright, from the Committee on Finance, to whom was referred the bill (S. 171) to authorize the payment of equitable commissions to the agents or attorneys of persons in whose favor awards have been made under three several treaties between the United States and certain foreign powers, which awards have been retained in the Treasury in payment of debts due the United States, reported it without amendment.

On motion by Mr. Wright,

Ordered , That the Committee on Finance be discharged from the further consideration of the petition of the president and directors of the Agricultural Bank of Mississippi, praying a suspension of the judgment obtained by the United States against that institution.

On motion by Mr. Prentiss,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of Abraham Cook; from the further consideration of the petition of Aaron Fitzgerald; from the further consideration of the petition of Thomas D. Morrison; from the further consideration of the petition of the widow of T. J. C. Monroe; and from the further consideration of the petition of John R. Midwinter.

Mr. Pierce, from the Committee on Pensions, to whom was referred the petition of John Paul, reported the following resolution;

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

Mr. Pierce, from the Committee on Pensions, to whom was referred the petition of John Grigsby, reported the following resolution:

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

Mr. Pierce, from the Committee on Pensions, to whom was referred the petition of Daniel Root, reported the following resolution:

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

Mr. Pierce, from the Committee on Pensions, to whom were referred the following bills:

S. 116. A bill for the relief of Samuel Collins;

S. 118. A bill for the relief of Hannah Leighton; reported them, severally, without amendment.

On motion by Mr. White,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of Nathaniel Jacobs.

Mr. Williams, from the Committee on Naval Affairs, to whom was referred the memorial of Ann Eliza Laurie, submitted a report, accompanied by the following resolution; which was read:

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

Ordered , That the report be printed.

0115 115

Mr. William, from the Committee on Naval Affairs, to whom was referred the petition of Irvine Shubrick, submitted a report, accompanied by the following resolution; which was read:

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

Mr. Williams, from the Committee on Naval Affairs, to whom was referred the bill (S. 99) to repeal certain acts respecting navy pensions, and making further provisions in relation to navy pensions, reported an amendment; which was read;

Mr. Williams also submitted a special report on the subject; which was ordered to be printed.

On motion by Mr. Williams,

Ordered , That the said bill be the special order of the day for Tuesday, the 21st instant.

On motion by Mr. Linn,

Ordered , That the Committee on Private Land Claims be discharged from the further consideration of the petition of Jacob Kerr; and that it be referred to the Committee on the Judiciary.

On motion by Mr. Linn,

Ordered , That the Committee on Private Land Claims be discharged from the consideration of the petition of Patrick and Thomas Riley; and that it be referred to the Committee on Public Lands.

Mr. Hubbard, from the Committee of Claims, to whom was referred the petition of John Kurtz, reported it to the Senate, and

On his motion,

Ordered , That it lie on the table.

On motion by Mr. King,

Ordered , That the Committee on Commerce be discharged from the further consideration of the resolution instructing the committee to inquire into the expediency of reporting a bill granting an extension of credit to the State of Illinois, on duty bonds already given, or hereafter to be executed, on the importation of railroad iron into that State; and that it be referred to the Committee on Finance.

Mr. King, from the Committee on Commerce, to whom the following bills were referred:

S. 161. A bill to refund to Noah Miller and others, a part of the proceeds of the sale of the British sloop Mary and cargo, which were captured by them, and libelled and sold for the benefit of the United States;

S. 173. A bill for the relief of the Plumb Island Bridge and Turnpike Company; reported them, severally, without amendment.

The bill (S. 25) to refund the money paid, and to cancel the bonds given, to secure duties upon vessels and their cargoes employed in the whale fishery, having been reported by the committee correctly engrossed, was read a third time, and the title amended.

Resolved , That this bill pass, and that the title thereof be “An act to cancel the bonds given to secure duties upon vessels and their cargoes employed in the whale fishery, and to make registers lawful papers for such purposes.”

Ordered , That the Secretary request the concurrence of the House of Representatives therein.

The following bills, having been reported by the committee, correctly engrossed, were severally read a third time:

S. 30. A bill for the relief of John McCartney;

0116 116

S. 77. A bill for the relief of A. G. S. Wight.

Resolved , That the said bills pass, and that their respective titles be as aforesaid.

Ordered , That the Secretary request the concurrence of the House of Representatives therein.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 127) to provide for the collection, safekeeping, transfer, and disbursement of the public revenue.

On motion by Mr. Benton,

To amend the bill by striking out, after the word “ only ,” section 19, line 29, the following words, “or in such notes, bills, or paper issued under the authority of the United States, as may be directed to be received by law, in payment of public dues;” and also by striking out, after the word “ only ,” section 20, line 6, the following words, “or in such notes, bills, or paper issued under the authority of the United States, as may be directed to be received by law.”

It was determined in the affirmative,

Yeas, 33,

Nays, 6.

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. Allen, Benton, Betts, Brown, Buchanan, Calhoun, Clay, of Alabama, Clay, of Kentucky, Clayton, Crittenden, Davis, Fulton, Hubbard, King, Linn, Lumpkin, Merrick, Mouton, Norvell, Phelps, Pierce, Prentiss, Preston, Roane, Robinson, Ruggles, Sevier, Smith, of Connecticut, Strange, Tappan, Walker, White, Wright.

Those who voted in the negative are,

Messrs. Dixon, Henderson, Nicholas, Smith, of Indiana, Williams, Young.

So the proposed amendment was agreed to.

No further amendment being proposed, the bill was reported to the Senate, and the amendments were concurred in.

The bill having been further amended, on motion by Mr. Walker, and further amendment being proposed by Mr. Henderson,

After the consideration of Executive business, by unanimous consent,

The Senate adjourned.

FRIDAY, January 17, 1840. Link to Annals.

The Hon. Alfred Cuthbert, from the State of Georgia, attended.

Mr. Wright presented three petitions signed by a number of citizens of the State of New York, severally praying the establishment of a port of entry, and collection district at Coldspring, on Long Island, in said State; which were referred to the Committee on Commerce.

Mr. Pierce presented the petition of Luke Woodbury and others, praying the establishment of a mail route; which was referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Clay, of Alabama,

Ordered , That the Committee on Public Lands be discharged from the further consideration of the resolutions passed by the legislative assembly of the Territory of Iowa, in favor of the survey of the lands in that Territory, 0117 117 to which the Indian title has been extinguished, and that they be referred to the Committee on Finance.

Mr. King submitted additional documents in relation to the petition of Jubal B. Hancock; which were referred to the Committee on Indian Affairs.

Mr. Hubbard, from the Committee of Claims, to whom was referred the petition of James Williams, reported a bill (S. 175) for the relief of the legal representatives of James Williams, deceased; which was read and passed to the second reading.

Mr. Clay, of Alabama, from the Committee on Public Lands, to whom the subject was referred, reported a bill (S. 176) to authorize registers and receivers to administer oaths, required to be taken by purchasers of public land; which was read and passed to the second reading.

On motion by Mr. Strange,

Ordered , That the Committee on Patents and the Patent Office be discharged from the further consideration of the petition of Stephen McCormick; from the further consideration of the memorial of F. A. Chevalier De Gerstner; and from the further consideration of the memorial of Chauncey Hall.

Mr. Strange, from the Committee on Patents and the Patent Office, to whom the following bills were referred:

S. 160. A bill for the relief of Hazard Knowles;

S. 170. A bill for the relief of Charles M. Keller and Henry Stone; reported them severally, without amendment.

Mr. Clay, of Alabama, agreeably to notice, asked and obtained leave to bring in a bill (S. 177) for the relief of certain settlers on the public lands, who were deprived of the benefits of the act granting pre-emption rights, which was approved on the 19th of June, 1834; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

Mr. Clay, of Alabama, agreeably to notice, asked and obtained leave to bring in a bill (S. 178) for the relief of Sutton Stephens; which was read the first and second times, by unanimous consent, and, with the documents on file, referred to the Committee on Public Lands.

The Senate proceeded to consider the motion submitted by Mr. Williams, in relation to the correspondence between the Government of the United States and that of Great Britain, in relation to the northeastern boundary; and the second resolution having been amended, on motion by Mr. Buchanan, and a third resolution having been agreed to, on motion by Mr. Ruggles, the motion was agreed to, as follows:

Resolved , That the President he requested to communicate to the Senate all the correspondence which has been had between this and the British Government upon the subject of the northeastern boundary, and of the jurisdiction of the disputed territory, which has not been communicated heretofore, or so much of it as, in his opinion, may be communicated without prejudice to the pending negotiation.

Resolved , That the President be further requested to communicate to the Senate all the correspondence which has been had since the last session of Congress, with the Governor of the State of Maine, and with the minister of her Britannic Majesty at Washington, relative to the invasion of the State of Maine, and to the exercise of jurisdiction within the disputed 0118 118 territory, by either party, or so much thereof as he may deem consistent with the public interest.

Resolved, further , That the President be requested to communicate to the Senate, so far as may not be incompatible With the public interest, whether any, and if any, what measures have been taken under the act of Congress, of March, 1839, or otherwise, to cause the removal or expulsion of the British troops which have taken possession of a portion of the territory of Maine claimed by Great Britain, and especially, whether since the last session of Congress any military posts have been established in Maine, or any other military measures adopted preparatory to a just vindication of the honor and rights of the nation and of Maine, as connected with the persevering claim made by Great Britain to a portion of the territory of that State.

Mr. Benton, from the Committee on Military Affairs, to whom was recommitted the bill (S. 120) to provide for the armed occupation and settlement of that part of Florida, which is now overrun and infested by marauding bands of hostile Indians; reported the same with an amendment.

The Senate proceeded to consider the said bill, and the reported amendment having been agreed to,

Ordered , That the bill be engrossed and read a third time.

On motion by Mr. Merrick,

That the petition of John Kurtz be referred to a select committee;

On motion by Mr. Wright,

Ordered , That this motion lie on the table.

The Senate resumed the consideration of the bill (S. 127) to provide for the collection, safekeeping, and disbursement of the public revenue.

On motion by Mr. Henderson,

To amend the bill by striking out, after the word “purpose,” section 12, line 5, the residue of the section, and inserting the following words: “ To direct the district attorney or marshal of the district, or both, to perform the service. And in all cases where the money in the hands of the officer usually exceeds three-fourths of the amount of his official bond, such special examinations shall not be made less frequently than once in each year, and as much more frequently in those and all other cases, as the Secretary of the Treasury or either House of Congress shall direct. The district attorney or marshal, ordered to make any such examination, shall be instructed to examine particularly the bond for duties, and other securities,as well as the money on hand, and the manner in which both are kept, and to make full returns of the amount and condition of both, together with such suggestions as to quota, or further security, as the examination may seem to require; ”

It was determined in the negative,

Yeas, 8,

Nays, 29.

On motion by Mr. Smith, of Indiana,

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

Those who voted in the affirmative, are,

Messrs. Clay, of Kentucky, Henderson, Knight, Merrick, Preston, Robinson, Ruggles, Smith, of Indiana.

Those who voted in the negative, are,

Messrs. Allen, Benton, Betts, Brown, Buchanan, Clay, of Alabama, Clayton, Cuthbert, Dixon, Fulton, Grundy, Hubbard, King, Lumpkin, Mouton, Nicholas, Norvell, Phelps, Pierce, Roane, Sevier, Smith, of Connecticut, Strange, Tappan, Walker, White, Williams, Wright, Young.

0119 119

So the proposed amendment was not agreed to.

On motion by Mr. Davis,

To amend the bill by inserting the following, after, section 23:

Sec . 24. “ And be it further, enacted, That, as one object of this bill is to to introduce and maintain the circulation of gold and silver instead paper, drafts drawn by any officer or agent of the United States shall not be on time, or for any purpose except to discharge an existing indebtedness, or to enable disbursing officers to discharge their duties; which drafts shall not be sold or transferred by any officer or agent of the United States; but, in all cases, when drawn in their favor, or to enable, them to discharge their official duties, shall be presented to the drawee or drawees for payment; ”

It was determined in the negative,

Yeas, 15,

Nays, 27.

On motion by Mr. Davis,

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

Those who voted in the affirmative, are,

Messrs. Betts, Clay, of Kentucky, Clayton, Crittenden, Davis, Dixon, Knight, Merrick, Phelps, Prentiss, Preston, Robinson, Ruggles, Smith, of Indiana, White.

Those who voted in the negative, are,

Messrs. Allen, Benton, Brown, Buchanan, Calhoun, Clay, of Alabama, Cuthbert, Fulton, Grundy, Henderson, Hubbard, King, Linn, Lumpkin, Mouton, Nicholas, Norvell, Pierce, Roane, Sevier, Smith, of Connecticut, Strange, Tappan, Walker, Williams, Wright, Young.

So the proposed amendment was not agreed to.

The bill having been further amended, on motion by Mr. Crittenden,

On the question, “Shall this bill be engrossed and, read a third time?”

It was determined in the affirmative,

Yeas, 24,

Nays, 18.

On motion by Mr. Davis,

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

Those who voted in the affirmative, are,

Messrs. Allen, Benton, Brown, Buchanan, Calhoun, Clay, of Alabama, Cuthbert, Fulton, Grundy, Hubbard, King, Linn, Lumpkin, Mouton, Norvell, Pierce, Roane, Sevier, Smith, of Connecticut, Strange, Tappan, Walker, Williams, Wright.

Those who voted in the negative, are,

Messrs. Betts, Clay, of Kentucky, Clayton, Crittenden, Davis, Dixon, Henderson, Knight, Merrick, Nicholas, Phelps, Prentiss, Preston, Robinson, Ruggles, Smith, of Indiana, White, Young.

So it was

Ordered , That this bill be engrossed and read a third time.

On motion by Mr. Crittenden,

It was agreed that the Senate, when they adjourn, adjourn to Monday next; and,

On motion,

The Senate adjourned.

MONDAY, January 20, 1840. Link to Annals.

The Vice President presented the memorial of the Legislative Assembly of the Territory of Iowa, praying an additional appropriation for the completion 0120 120 of a penitentiary in the town of Fort Madison, in said Territory; which was referred to the Committee on the Judiciary.

The Vice President presented the petition of the administrator of John McHatton, deceased, late an officer in the army of the Revolution, praying the commutation pay and bounty land to which said deceased was entitled in consideration of his revolutionary services; which was referred to the Committee on Revolutionary Claims.

On motion by Mr. Merrick,

The Senate resumed the consideration of his motion to refer the petition of John Kurtz to a select committee consisting of three members, to be appointed by the Vice President.

The motion was agreed to; and Mr. Merrick, Mr. King, and Mr. Sevier, were appointed the committee.

Mr. Grundy presented the memorial of Edmund Fanning, praying the aid of the General Government in equipping and fitting out an exploring expedition to the South seas, for the advancement of the commerce, navigation, and fisheries of the United States; which was referred to the Committee on Commerce.

Mr. Grundy submitted additional documents in relation to the petition of the heirs of James Mayson; which were referred to the Committee on Revolutionary Claims.

Mr. Merrick presented the memorial of Charles Blight, in behalf of himself and the other heirs of Robert Fulton, deceased, praying indemnity for losses sustained by their ancestor, in consequence of the impressment, in the public service, of a steamboat belonging to him; and also to be remunerated for his services in inventing and superintending the construction of a steam frigate at the city of New York; which, with the documents relating to the claim of the heirs of Robert Fulton, deceased, on the files of the Senate, was referred to the Committee of Claims.

On motion by Mr. Lumpkin,

Ordered , That the petition of the heir of Thomas Stewart, on the files of the Senate, be referred to the Committee on Indian Affairs.

Mr. Knight presented the petition of the Great Western Steamship Company of Bristol, the British and American Steam Navigation Company of London, and the Trans-Atlantic Steamship Company of Liverpool, praying the passage of a law granting a drawback of duties on foreign coal used in steam-vessels arriving in the ports of the United States; which was referred to the Committee on Commerce.

Mr. Wright presented the petition of Esther Lefferts, widow of William Thorne, deceased, late a paymaster in the revolutionary army, praying the payment of a balance due to her late husband on a settlement of his accounts; which was referred to the Committee on Revolutionary Claims.

On motion by Mr. Davis,

Ordered , That the petition of the heirs of Silence Elliot, deceased, on the files of the Senate, be referred to the Committee on the Judiciary; and that the petition of Thomas B. Parsons, on the files of the Senate, be referred to the Committee on Naval Affairs.

Mr. Tappan presented the petition of Lewis Feutchwanger, of the city of New York, praying permission to issue, as an experiment, from ten to twenty thousand dollars' worth of German silver, of the value and denomination of one cent, as a substitute for the same amount of the 0121 121 present copper coins of the United States; which was referred to the Committee on Finance.

Mr. Williams presented the memorial of Polly Clough, widow of Jonathan Hilliard, deceased, late a seaman in the service of the United States, praying to be allowed the four months' pay, granted by Congress to the widows or children of the officers and seamen who perished in the United States brig Pickering; which was referred to the Committee on Naval Affairs.

Mr. Williams presented the petition of a number of the inhabitants of the State of Maine, praying the adoption of measures for effecting a congress of nations for the purpose of adjusting international difficulties without a recourse to arms;

Ordered , That it lie on the table.

Mr. Clay, of Kentucky, presented the memorial of the widow of John C. Brush, praying remuneration for the plan, and for stoves furnished by her late husband to heat the hall of the House of Representatives; which was referred to the Committee on the District of Columbia.

Mr. Merrick presented the memorial of the corporate authorities of the city of Washington, in the District of Columbia, praying an appropriation for the improvement and preservation of certain streets; and also for the erection of a lunatic asylum in said city; which was referred to the Committee on the District of Columbia and ordered to be printed.

Mr. Allen presented the memorial of the president and directors of the Portsmouth and Columbus Turnpike Company, praying a conditional grant of public land for the construction of a turnpike road from Portsmouth to Columbus, in the State of Ohio; which was referred to the Committee on Public Lands.

Mr. Strange submitted the following motion for consideration:

Resolved , That the Committee on the Post Office and Post Roads be instructed to inquire into the expediency of so amending the several laws upon that subject, as to allow all the newspapers in the respective States to publish the laws passed at each session of Congress, as is now done by the three newspapers selected in each State, and in consideration thereof, and as the only compensation to be received by any newspaper therefor, be allowed to circulate within their respective States free of postage.

Mr. Prentiss submitted the following motion, which was considered, by unanimous consent, and agreed to:

Resolved , That the Committee on Pensions be instructed to inquire into the expediency of granting to Ebenezer Swan a pension, or account of a disability incurred by him in the military service of the United States.

The Senate proceeded to consider the motion submitted by Mr. Norvell, the 16th instant, in relation to arrears of pension of James T. Chittendon, and agreed thereto.

On motion by Mr. Linn,

Ordered , That the Committee on Private Land Claims be discharged from the further consideration of the memorial of the Legislative Assembly of the Territory of Wisconsin, praying the confirmation of the claim of Francis Laventure and others, to certain lands; and that it be referred, with the papers on file relating to that subject, to the Committee on Public Lands.

On motion by Mr. Wright,

Ordered , That the Committee on Finance be discharged from the further consideration of a communication from the Secretary of War, recommending 0122 122 an appropriation for the removal and subsistence of a number of Stockbridge and Munsee Indians; and that it be referred to the Committee on Indian Affairs.

On motion by Mr. Wright,

Ordered , That the Committee on Finance be discharged from the further consideration of the petition of the Religious Order of the Sacred Heart, at St. Louis; and that it lie on the table.

On motion by Mr. Wright,

Ordered , That the Committee on Finance be discharged from the further consideration of the resolution of the 14th January, respecting the importation of works in marble; and that it be referred to the Committee on the Library.

On motion by Mr. Williams,

Ordered , That the Committee on Naval Affairs be discharged from the further consideration of the memorial of a number of surviving captors, and representatives of deceased captors, of the frigate Philadelphia; and from the further consideration of the petition of sundry widows of persons lost in the privateers of the United States.

Mr. Williams, from the Committee on Naval Affairs, to whom was referred the petition of William Hebb, submitted a report, accompanied by the following resolution:

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

The report was read.

Mr. Pierce, from the Committee on Pensions, reported a bill (S. 179) to continue the office of Commissioner of Pensions, and to transfer the pension business heretofore transacted in the Navy Department to that office; which was read and passed to the second reading.

Mr. Strange, from the Committee on Naval Affairs, to whom was referred the bill (S. 36) for the relief of Samuel Warner; reported it without amendment. Mr. Strange also submitted a special report on the subject, which was ordered to be printed.

Agreeably to notice, Mr. Williams asked and obtained leave to bring in the following bills:

S. 180. A bill to explain and amend the fifth section of the act passed the 30th June, 1834, “for the better organization of the United States marine corps;”

S. 181. A bill to regulate the pay and emoluments of pursers in the Navy.

The said bills were read the first and second times, by unanimous consent, and referred to the Committee on Naval Affairs.

Mr. Sevier, agreeably to notice, asked and obtained leave to bring in a bill (S. 182) to provide for the security and protection of the emigrant and other Indians west of the States of Missouri and Arkansas; which was read the first and second times, by unanimous consent, and referred to the Committee on Indian Affairs.

The bill (S. 120) to provide for the armed occupation and settlement of that part of Florida which is now overrun and infested by marauding bands of hostile Indians, having been reported by the Committee correctly engrossed, was read a third time.

On the question “Shall this bill pass?”

It was determined in the affirmative,

Yeas, 24,

Nays, 15.

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On motion by Mr. Preston,

The yeas and nays being desired by one fifth of the Senators present, Those who voted in the affirmative are,

Messrs. Allen, Benton, Brown, Buchanan, Calhoun Clay, of Alabama, Cuthbert, Fulton, Grundy, Hubbard, King, Linn, Lumpkin, Mouton, Nicholas, Pierce, Roane, Robinson, Sevier, Smith, of connecticut, Walker, Williams, Wright, Young

Those who voted in the negative are,

Messrs. Betts, Clay, of Kentucky, Clayton, Crittenden, Davis, Dixon, Henderson, Knight, Merrick, Phelps, Prentiss, Preston, smith, of indiana, Strange, White.

So it was

Resolved , That this bill pass, and that its title be as aforesaid.

Ordered , That the Secretary request the concurrence of the House of Representatives therein.

The bill (S. 197) to provide for the collection, safekeeping, transfer and disbursement of the public revenue, having been reported by the committee correctly engrossed, was read a third time.

On the question “Shall this bill pass?”

A debate ensued, and

On motion by Mr. Walker,

The Senate adjourned.

TUESDAY, January 21, 1840. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of War, made agreeably to law, exhibiting the appropriations and expenditures for the military service during the year 1839, and the balances remaining in the Treasury at the close of that year; which was read, and ordered to be printed.

The following messages were received from the President of the United States, by Mr. Van Buren, his Secretary:

To the Senate of the United States:

I transmit, herewith, a communication and statement from the Secretary of War, containing the balance of the information, not heretofore furnished, called for by a resolution of the 30th ultimo, in relation to the amount of money drawn from the Treasury during the five years immediately preceding the commencement of the present session of Congress, in consequence of the legislation of that body upon private claims.

M. VAN BUREN.

Washington City , January 17, 1840.

To the Senate of the United States:

I transmit a report from the Secretary of State, explaining the causes which have prevented a compliance with the resolution of Congress for the distribution of the Biennial Register.

M. VAN BUREN.

Washington , January 20, 1840.

The messages were severally read.

Ordered , That they be printed.

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The Vice President laid before the Senate a report from the Secretary of the Treasury, made in pursuance of a resolution of the Senate of the 15th instant, in relation to the establishment of a marine hospital at the mouth of the Arkansas river; which was read, and ordered to be printed.

The Vice President laid before the Senate a report of the Secretary of the Navy, made agreeably to law, showing the names and compensations of the clerks employed in that department during the year 1839; which was read, and ordered to be printed.

Mr. Phelps presented the memorial of a number of citizens of Chester, in the county of Windsor, and State of Vermont, praying such further legislation on the part of Congress, as will effectually abolish the foreign slave trade; which was referred to the Committee on the Judiciary.

Mr. Phelps presented the memorial of a number of citizens of Chester, in the county of Windsor, and State of Vermont, praying the passage of a law to prohibit the local authorities in the District of Columbia, from imprisoning persons of color, claiming to be free, and selling them in satisfaction of prison fees, on the presumption of being slaves.

A motion being made that the memorial be received, and the same being objected to,

On motion by Mr. Clay, of Alabama,

Ordered , That the motion to receive the memorial, lie on the table.

Mr. Sevier submitted documents in relation to the claim of John C. Reynolds, late disbursing agent of the Indian Department, to an allowance of a credit in the settlement of his accounts, for the amount of a sum of money stolen from him while in the discharge of his duty; which were referred to the Committee on Indian Affairs.

Mr. Nicholas presented the petition of T. F. Peterson, praying permission to purchase from the Government, a certain island situated near the mouth of the Mississippi river; which was referred to the Committee on Public Lands.

Mr. Davis presented the memorial of John Diell, a citizen of the United States, praying that a work published by him in the Sandwich Islands, may be imported into the United States free of duty; which was referred to the Committee on Finance.

Mr. Tappan presented the petition of John Johnston, late Indian agent, praying to be released from a judgment obtained against him in behalf of the United States; which was referred to the Committee on the Judiciary.

Mr. Pierce presented the petition of John Crawford, a soldier during the late war, praying arrears of pension; which was referred to the Committee on Pensions.

Mr. King presented the petition of Charles D. Connor, praying to be allowed the right of pre-emption to a tract of land; which was referred to the Committee on Public Lands.

Mr. Hubbard presented the petition of Jacob Dunham, of Catskill, New York, praying remuneration for property captured by pirates, and afterward recaptured by a United States vessel and sold under the authority of the United States in the city of Charleston, South Carolina; which was referred to the Committee of Claims.

Mr. Clay, of Alabama, from the Committee on Public Lands, to whom the following bills were referred:

S. 177. A bill for the relief of certain settlers on the public lands, who were deprived of the benefits of the act granting pre-emption rights, which was approved on the 19th of June, 1834;

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S. 178. A bill for the relief of Sutton Stephens; reported them, severally, without amendment.

On motion by Mr. Clay, of Alabama,

Ordered , That the Committee on Public Lands be discharged from the further consideration of the memorial of the president and directors of the Portsmouth and Columbus Turnpike Company.

On motion by Mr. Fulton,

Ordered , That the Committee on Public Lands be discharged from the further consideration of the memorial of the Western Academy of Natural Sciences at St. Louis.

Mr. Sevier, from the Committee on Indian Affairs, to whom was referred the bill (S. 182) to provide for the security and protection of the emigrant and other Indians west of the States of Missouri and Arkansas, reported it without amendment.

Mr. Sevier, from the Committee on Indian Affairs, to whom was referred the petition of Jubal B. Hancock, submitted a report, accompanied by the following resolution:

Resolved , That the prayer of Jubal B. Hancock ought not to be granted.

Ordered , That the report be printed.

Mr. Phelps, from the Committee on Roads and Canals, to whom was referred the bill (S. 89) to grant to the States and incorporated companies engaged in the construction of roads and canals, the right of way through the public lands of the United States, reported it without amendment.

On motion by Mr. Prentiss,

Ordered , That the Committee on Public Lands be discharged from the further consideration of the petition of Chalon Guard.

Mr. Betts, from the Committee of Claims, to whom was referred the petition of John Burke, submitted a report, accompanied by the following resolution:

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

Ordered , That the report be printed.

The Senate proceeded to consider the motion submitted yesterday, by Mr. Strange, relating to the publication of the laws of the United States; and agreed thereto.

Mr. Henderson submitted the following motion for consideration:

Resolved , That the Secretary of the Treasury inform the Senate, if there be not a considerable number (and what number) of donation claims or settlement rights, under the act of Congress of 25th April, 1812, and 3d March, 1819, for lands situate in the State of Mississippi, south of the 31st degree north latitude, which have been proven up under these laws, and surveyed, plotted, and returned to the surveyor's office of the district, by the deputy surveyors of the United States appointed thereto: but the titles to which are thereupon suspended on imputation of irregularity in the surveys in regard to form and location.

2d. Also whether or not the surveys excepted to, exceed or diminish the quantity of land to which the claimants are entitled.

3d. How long since those surveys have been executed, and what proportion of them have been perfected in title.

4th. What the description and quality of land generally, in which those surveys are made.

5th. And whether in the opinion of the Secretary of the Treasury, if such surveys be irregular, it would not be better economy, for the Government to confirm them as made, than incur the expense of resurvey.

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Mr. Clay, of Alabama, submitted the following motion; which was considered, by unanimous consent, and agreed to:

Resolved , That the Committee on the Judiciary be instructed to inquire into the expediency of providing by law, for a stereotype edition of the laws of the United States, to embrace all laws of a general nature.

The Senate proceeded to consider the report of the Committee on Naval Affairs, on the petition of Andrew Armstrong; and, in concurrence therewith,

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

The Senate proceeded to consider the report of the Committee on the Judiciary, on the memorial of John S. Roulet; and, in concurrence therewith,

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

The Senate proceeded to consider the report of the Committee on Naval Affairs, on the memorial of Julia L. Weed; and, in concurrence therewith,

Resolved , That the prayer of the memorial of Julia L. Weed, for an increase of pension, be not granted.

The Senate proceeded to consider the report of the Committee on Naval Affairs, on the petition of Archibald S. Campbell; and, in concurrence therewith,

Resolved , That the petition of Archibald S. Campbell, is unreasonable, and ought not to be granted.

The Senate proceeded to consider the report of the Committee on Naval Affairs, on the petition of Josiah Sturges; and, in concurrence therewith,

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

The Senate proceeded to consider the report of the Committee of Claims, on the petition of William Cox; and, in concurrence therewith,

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

The Senate proceeded to consider the adverse resolution reported by the Committee on Pensions on the petition of John Paul; and agreed thereto.

The Senate proceeded to consider the adverse resolution, reported by the Committee on Pensions, on the petition of Daniel Root; and agreed thereto.

The Senate proceeded to consider the adverse resolution, reported by the Committee on Pensions, on the petition of John Grigsby; and agreed thereto.

The Senate proceeded to consider the report of the Committee of Claims on the petition of the legal representatives of John H. Piatt; and, in concurrence therewith,

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

The Senate proceeded to consider the report of the Committee on Naval Affairs on the petition of Irvine Shubrick; and, in concurrence therewith,

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

The Senate proceeded to consider the report of the Committee on Naval Affairs on the petition of Ann Eliza Laurie; and, in concurrence therewith,

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

The Senate proceeded to consider the report of the Committee on Naval Affairs on the petition of William Hebb; and, in concurrence therewith,

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

0127 127

The Senate proceeded to consider the report of the Committee on Naval Affairs on the petition of Henry Fry; and,

On motion by Mr. Tappan,

Ordered , That it lie on the table.

On motion by Mr. Clay, of Alabama,

The Senate resumed the consideration of the bill (S. 29) for the relief certain persons therein mentioned, as in Committee of the Whole; no further amendment being made thereto, it was reported to the Senate.

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

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 99) to repeal certain acts respecting navy pensions, and making further provisions in relation to navy pensions; and,

On motion by Mr. Williams,

Ordered , That it be postponed to, and made the order of the day for Monday, the 27th instant.

The Senate resumed the consideration of the bill (S. 127) to provide for the collection, safekeeping, transfer, and disbursement of the public revenue; and,

After debate, and the consideration of Executive business, by unanimous consent,

The Senate adjourned.

WEDNESDAY, January 22, 1840. Link to Annals.

Mr. Clay, of Alabama, submitted documents in relation to a proposed stereotype edition of the laws of the United States; which were referred to the Committee on the Judiciary.

Mr. White submitted documents in relation to the memorial of a number of citizens of Milwaukie, remonstrating against the confirmation of the claims of Francis Laventure and others to certain tracts of land; which were referred to the Committee on Public Lands.

Mr. Fulton presented the petition of Ira H. Sabin, praying the right of pre-emption to a tract of land; which was referred to the Committee on Public Lands.

Mr. Betts presented the memorial of George G. Bishop and J. D. Loomsbury, engaged in the manufacture of wool, praying a revision of the laws for the collection of the revenue; which was referred to the Committee on Manufactures.

Mr. Preston, from the Committee on Military Affairs, to whom was referred the bill (S. 17) allowing rations to Brigadier General John E. Wool and Colonel George Croghan, inspectors general United States army, reported it without amendment.

Mr. Benton, from the Committee on Military Affairs, to whom the subject was referred, reported a bill (S. 183) for the relief of certain companies of Missouri volunteers; which was read, and passed to the second reading.

Ordered , That the papers accompanying the bill be printed.

Agreeably to notice, Mr. Clay, of Alabama, asked and obtained leave to bring in a bill (S. 184) for the relief of the Eagle Railroad and Lumber Company; which was read the first and second times, by unanimous consent, and, with the accompanying documents, referred to the Committee on Roads and Canals.

On motion by Mr. Smith, of Connecticut,

0128 128

Ordered , That the Vice President make the appointment to fill the vacancy in the committee on Revolutionary Claims, occasioned by the resignation of Mr. White, of Tennessee; and

Mr. Grundy was accordingly appointed.

The Senate proceeded to consider the motion submitted-yesterday by Mr. Henderson, in relation to certain land claims in the State of Mississippi; and agreed thereto.

The bill (S. 29) for the relief of certain persons therein named, having been reported by the committee correctly engrossed, was read a third time, and the title amended:

Resolved , That this bill pass; and that the title thereof be “An act for the relief of John Kinkle, Wilson T. Carruthers, and James Walker, Peters Moore, and Thomas Rhodes, and Jeremiah Austill.”

Ordered , That the Secretary request the concurrence of the House of Representatives in this bill.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 84) for the relief of Thomas H. Owen, John W. Skidmore, and others; and an amendment having been proposed by Mr. Tappan,

On motion by Mr. Robinson,

Ordered , That it lie on the table.

The Senate resumed the consideration of the bill (S. 127) to provide for the collection, safekeeping, transfer, and disbursement of the public revenue; and,

After debate,

On motion by Mr. Henderson,

The Senate adjourned.

THURSDAY, January 23, 1840. Link to Annals.

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

To the Senate of the United States:

In compliance with the resolution of the Senate, of the 17th instant, I communicate a report and documents from the Secretary of State, and a report from the Secretary of War.

M. VAN BUREN.

Washington , January 22, 1840.

The message and the accompanying documents were read.

Ordered , That they be printed, and that five thousand additional copies be printed for the use of the Senate.

The Vice President laid before the Senate a report of the Secretary of War, transmitting, in compliance with a resolution of the Senate of the 15th instant, a reduced copy of the survey of the mouths of the Mississippi.

Ordered , That it be referred to the Committee on Commerce, together with the report from the Secretary of War, relative to the operations for increasing the depth of water at the mouth of the Mississippi river, made to the Senate at the last session.

On motion by Mr. Calhoun,

0129 129

Ordered , That the petition of the heirs-at-law of John de Treville, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

Mr. Norvell presented the memorial of John Nantz in behalf of himself and other privateer pensioners, praying an appropriation for a continuation of their pensions; which was referred to the Committee on Naval Affairs.

Mr. Grundy presented the petition of Thomas Elliott, praying remuneration for a horse lost in the military service of the United States; which was referred to the Committee of Claims.

Mr. Nicholas presented the memorial of the heir of General Eleazer Wheelock Ripley, praying the payment of a judgment rendered against the United States in favor of her ancestor; which was referred to the Committee of Claims.

Mr. Buchanan presented the memorial of a number of citizens of the city and county of Philadelphia, praying the construction of a steam revenue cutter for the Delaware bay; which was referred to the Committee on Commerce.

On motion by Mr. Phelps,

Ordered , That the petition of the heirs of James Caldwell, deceased, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

Mr. Sevier presented the petition of Robert Grignon, praying the payment of a sum of money due to him under provision of the treaty between the United States and the Menomonie nation of Indians, concluded in the year 1836; which, together with his petition and papers presented at the second session of the twenty, fifth Congress, was referred to the Committee on Indian Affairs.

Mr. Crittenden submitted a document in relation to the affairs of the Louisville and Portland Canal Company; which was referred to the Committee on Roads and Canals.

Mr. Strange submitted documents in relation to the claim of Lewis Gordon, a disabled seamen, formerly in the service of the United States, to a pension; which were referred to the Committee on Naval Affairs.

Mr. Hubbard presented the memorial of the Legislative Assembly of the Territory of Wisconsin, praying an appropriation for the construction of a penitentiary in said territory; which was referred to the Committee on Finance, and ordered to be printed.

Mr. Merrick submitted the following motion for consideration:

Resolved , That the rules of the Senate be so modified as to admit on the floor of the Senate, the District Attorney of the United States for the District of Columbia, and the reporter for the Supreme Court.

On motion by Mr. Lumpkin,

Ordered , That the Committee on Manufactures be discharged from the further consideration of the memorial of a number of manufacturers of wool, in the State of Connecticut.

On motion by Mr. Wright,

Ordered , That the Committee on Finance be discharged from the further consideration of the memorial of Samuel Lord, and that it be referred to the Committee on the Judiciary. 9

0130 130

Mr. Wright, from the Committee on Finance, to whom was referred the bill (S. 152) for the relief of the legal representatives of Henry J. Pickering, reported it without amendment, and that it ought not to pass.

Mr. Betts, from the Committee on Pensions, to whom was referred the petition of William Tumey, reported the following resolution; which was read:

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

Mr. Pierce, from the Committee on Pensions, to whom was referred the petition of Samuel Dean, reported the following resolution, which was read:

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

Mr. Pierce, from the Committee on Pensions, to whom was referred the petition of Arthur Matthews, submitted a report, accompanied by the following resolution:

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

Ordered , That the report be printed.

Mr. Tappan, from the Committee on Naval Affairs, to whom was referred the memorial of John Whitehead, submitted a report, accompanied by the following resolution:

Resolved , That the prayer of the memorialist is unreasonable, and ought not to be granted.

Ordered , That the report be printed.

Mr. Ruggles, from the Committee on Commerce, to whom was referred the petition of Nathaniel Gunnison, reported,

“That the prayer of the petition ought not to be granted.”

Agreeably to notice, Mr. Norvell asked and obtained leave to bring in a bill (S. 185) to create an additional land office in the State of Michigan, and for other purposes; which was read the first and second times, by unanimous consent, and referred to the Committee on Public Lands.

The Senate proceeded to consider the report of the Committee of Claims on the petition of John Burke; and agreed thereto.

The Senate proceeded to consider the report of the Committee on Indian Affairs on the petition of Jubal B. Hancock; and,

On motion by Mr. King,

Ordered , That the further consideration thereof be postponed to, and made the order of the day for, Monday, the 27th instant.

Mr. Clay, of Alabama, presented an additional document relating to the claim of Jubal B. Hancock.

The Senate resumed the consideration of the bill (S. 127) to provide for the Collection, safekeeping, transfer, and disbursement, of the public revenue; and, after further debate,

On motion by Mr. Merrick,

That the Senate adjourn;

It was determined in the negative,

Yeas, 19,

Nays, 21.

On motion by Mr. Tappan,

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

Those who voted in the affirmative, are,

Messrs. Betts, Calhoun, Clay, of Kentucky, Clayton, Crittenden, Davis, Dixon, Henderson, Knight, Merrick, Nicholas, Phelps, Prentiss, Preston, Robinson, Ruggles, Sevier, Smith, of Indiana, White.

Those who voted in the negative, are,

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Messrs. Allen, Benton, Brown, Buchanan, Clay, of Alabama, Fulton, Grundy, Hubbard, King, Linn, Lumpkin, Mouton, Norvell, Pierce, Roane, Smith, of Connecticut, Strange, Tappan, Walker, Williams, Young.

So the motion to adjourn was not agreed to.

After further debate,

On motion by Mr. Smith, of Indiana,

That the Senate adjourn;

It was determined in the negative,

Yeas, 18,

Nays, 23.

On motion by Mr. Clay, of Alabama,

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

Those who voted in the affirmative, are,

Messrs. Betts, Calhoun, Clay, of Kentucky, Clayton, Crittenden, Davis, Dixon, Henderson, Knight, Merrick, Nicholas, Phelps, Prentiss, Preston, Robinson, Ruggles, Smith, of Indiana, White.

Those who voted in the negative, are,

Messrs. Allen, Benton, Buchanan, Clay, of Alabama, Cuthbert, Fulton, Grundy, Hubbard, King, Linn, Lumpkin, Mouton, Norvell, Pierce, Roane, Sevier, Smith, of Connecticut, Strange, Tappan, Walker, Williams, Wright, Young.

On the question, “Shall this bill pass?”

It was determined in the affirmative,

Yeas, 24,

Nays, 18.

On motion by Mr. Davis,

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

Those who voted in the affirmative, are,

Messrs. Allen, Benton, Brown, Buchanan, Calhoun, Clay, of Alabama, Cuthbert, Fulton, Grundy, Hubbard, King, Linn, Lumpkin, Mouton, Norvell, Pierce, Roane, Sevier, Smith, of Connecticut, Strange, Tappan, Walker, Williams, Wright.

Those who voted in the negative, are,

Messrs. Betts, Clay, of Kentucky, Clayton, Crittenden, Davis, Dixon, Henderson, Knight, Merrick, Nicholas, Phelps, Prentiss, Preston, Robinson, Ruggles, Smith, of Indiana, White, Young.

So it was

Resolved , That this bill pass, and that the title thereof be “An act to provide for the collection, safekeeping, transfer, and disbursement, of the public revenue.”

Ordered , That the Secretary request the concurrence of the House of Representatives in this bill.

On motion,

The Senate adjourned.

FRIDAY, January 24, 1840. Link to Annals.

The Honorable Daniel Sturgeon, from the State of Pennsylvania, whose credentials were read and filed during the present session, attended, and the oath prescribed by law having been administered to him by the Vice President, he took his seat in the Senate.

The Vice President laid before the Senate a report of the Commissioner of Patents, showing the number of patents issued during the year 1839, 0132 132 and the receipts and expenses of the Patent Office; which was referred to the Committee on Patents, and ordered to be printed.

On motion by Mr. Linn,

Ordered , That John Perry have leave to withdraw his petition and papers presented at the last session.

On motion by Mr. Pierce,

Ordered , That the petition of Richard Elliott, on the files of the Senate, be referred to the Committee on Pensions.

Mr. Buchanan presented the memorial of Jeremiah Bauman and others, praying an increase of duty on foreign silks; which was referred to the Committee on Finance.

Mr. King presented the memorial of the Legislative Assembly of the Territory of Wisconsin, praying appropriations for the construction of harbors and a light-house on Lake Michigan; which was referred to the Committee on Commerce, and ordered to be printed.

Mr. Young presented the memorial of the inhabitants of townships forty-four and forty-sixth north, range one east, of the third principal meridian, in the State of Illinois, praying that their pre-emption rights to the lands settled and cultivated by them, may not be set aside by claims made to those lands, in behalf of certain Polish exiles, after such settlement and occupation; which was referred to the Committee on Public Lands, and ordered to be printed.

On motion by Mr. Walker,

Ordered , That the memorials of the Legislature of the State of Mississippi in regard to the Chickasaw school sections and two per cent. fund, now on the files of the Senate, be referred to the Committee on Public Lands.

On motion by Mr. Sevier,

Ordered , That the heirs of Carlos de Villemont have leave to withdraw their memorial and papers.

On motion by Mr. Clay, of Alabama,

Ordered , That the memorial of the General Assembly of the State of Alabama, in relation to an additional land district, be printed.

On motion by Mr. Clay, of Alabama,

Ordered , That the Committee on Public Lands be discharged from the further consideration of the memorial of the president and directors of the Portsmouth and Columbus Turnpike Company.

On motion by Mr. Walker,

Ordered , That the Committee on Public Lands be discharged from the further consideration of the petition of Charles D. Connor, and from the further consideration of the petition of T. F. Peterson.

Mr. Norvell, from the Committee on Public Lands, to whom was referred the bill (S. 185) to create an additional land office in the State of Michigan, and for other purposes; reported it without amendment.

Mr. Hubbard, from the Committee of Claims, to whom was referred the petition of David Stone, submitted a report, accompanied by a bill (S. 186) for the relief of the legal representatives of David Stone.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Hubbard, from the Committee of Claims, to whom was referred the memorial of George Whitman, submitted a report, accompanied by the following resolution:

0133 133

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

Ordered , That the report be printed.

Mr. Hubbard, from the Committee of Claims, to whom was referred the petition of John H. McIntosh, submitted a report, accompanied by a bill (S. 187) for his relief.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Linn, from the Committee on Private Land Claims, to whom was referred the bill (S. 139) to revive the act entitled “An act to enable claimants to land within the limits of Missouri and the Territory of Arkansas, to institute proceedings to try the validity of their claims,” approved the 26th of May, 1824, and an act amending the same, and extending the provisions of said acts to claimants to lands within the States of Louisiana and Mississippi, reported it with an amendment; which was read.

Mr. King, from the Committee on Commerce, to whom was referred the memorial of Edmund Fanning, reported the following resolution; which was read:

Resolved , That the prayer of the memorialist is unreasonable, and ought not to be granted.

Mr. Young, from the Committee of Claims, to whom the documents relating to the claim of Abel Pennington were referred, reported the following resolution; which was read:

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

Mr. Williams, from the Committee of Claims, to whom was referred the bill (S. 33) for the relief of Richard Robertson; reported it without amendment, and that the committee recommend its indefinite postponement.

Mr. King, from the Committee on Commerce, to whom was referred the petition of Isaac Collier, reported the following resolution; which was read:

Resolved , That the prayer of the petitioner be rejected.

The Senate proceeded to consider the report of the Committee on Commerce on the petition of Nathaniel Gunnison, and, in concurrence therewith,

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

The Senate proceeded to consider the resolution reported by the Committee on Pensions on the petition of Samuel Dean; and agreed thereto.

The Senate proceeded to consider the adverse resolution reported by the Committee on Pensions, on the petition of William Tumey; and agreed thereto.

On motion by Mr. Grundy,

Ordered , That the Senate, when they adjourn, adjourn to Monday next.

The Senate proceeded to consider, as in Committee of the Whole, the following bills:

S. 98. A bill for the relief of Samuel R. Slaymaker;

S. 40. A bill to confirm the title to a certain tract of land in the county of Mobile; and no amendment being made thereto, they were severally reported to the Senate.

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

The Senate resumed the consideration of the bill (S. 14) to establish a board of commissioners to hear and examine claims against the United States; and, after debate,

On motion by Mr. Hubbard,

0134 134

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

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

To the Senate of the United States:

I herewith transmit a communication from the Secretary of the Treasury, enclosing a copy of a letter addressed to him from the Solicitor of the Treasury, and have to invite the earliest attention of Congress to the subject contained therein.

M. VAN BUREN.

Washington , January 23, 1840.

The message was read.

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

After the consideration of Executive business,

The Senate adjourned.

MONDAY, January 27, 1840. Link to Annals.

The Honorable Daniel Webster, from the State of Massachusetts, whose credentials were read and filed during the last session, attended; and the oath prescribed by law having been administered to him by the Vice President, he took his seat in the Senate.

Mr. Wright presented the credentials of the Honorable Nathaniel P. Tallmadge, elected a Senator by the Legislature of the State of New York for the term of six years, from and after the 3d day of March, 1839, which were read; and the oath prescribed by law having been administered to the Honorable Nathaniel P. Tallmadge, he took his seat in the Senate.

The Vice President laid before the Senate a report of the Secretary of War, made in obedience to a resolution of the Senate of the 30th January, 1839, containing an estimate of the sums necessary to complete the Cumberland, road through the States of Ohio, Indiana, and Illinois, to the Mississippi river; which was read, referred to the Committee on Roads and Canals, and ordered to be printed.

The Vice President laid before the Senate a report of the Secretary of the Navy, accompanied by the annual statement of the appropriations for the naval service for the year 1839, showing the amounts appropriated, the amounts expended, and the balances remaining in the Treasury on the 31st of December, 1839; which was read, and ordered to be printed.

The Vice President presented the petition of James McCabe, heir of Edward McCabe, deceased, late an officer in the revolutionary army, praying the commutation pay and bounty land, to which his ancestor was entitled; which was referred to the Committee on Pensions.

The Vice President presented the petition of the widow of William Ross, deceased, late a soldier in the revolutionary army, praying a pension; which was referred to the Committee on Pensions.

Mr. White presented two petitions signed by a number of citizens of the Territory of Wisconsin, praying that certain lands in the Milwaukie land district may be sold at public sale, and that the settlers thereon may be allowed the right of pre-emption to such portions as they have improved 0135 135 and cultivated; also, a remonstrance signed by a number of citizens of Milwaukie, against the confirmation of the title of Francis Laventure and others to said lands; which were severally referred to the Committee on Public Lands.

Mr. Prentiss presented the petition of the widow of Samuel Allen, deceased, late a soldier in the revolutionary army, praying a pension; which was referred to the Committee on Pensions.

Mr. Wright presented the petition of a number of citizens of Albany county, New York, praying the establishment of a mail route; which was referred to the Committee on the Post Office and Post Roads.

Mr. Sevier submitted a document in relation to the establishment of a port of entry at Van Buren, in the State of Arkansas; which was referred to the Committee on Commerce.

Mr. Sturgeon presented the petition of a number of citizens of Franklin county, Pennsylvania, praying a reduction of the postage on letters and periodicals; which as referred to the Committee on the Post Office and Post Roads.

Mr. Walker presented the memorial of Fleming Wood, praying indemnity for losses sustained by him in consequence of the seizure and detention of his property by an agent of the Government, for an alleged violation of the law regulating trade and intercourse with the Indian tribes; which was referred to the Committee of Claims.

Mr. Clay, of Kentucky, presented the memorial of a number of citizens of Adams county, Pennsylvania, praying an increase of duties on foreign silks; which was referred to the Committee on Agriculture.

Mr. Merrick presented the petition of James Williams, of the District of Columbia, praying to be released from a judgment obtained against him as one of the sureties of Henry Ashton, deceased, late marshal of the said district; which was referred to the Committee on the Judiciary.

The Vice President presented the memorial of Jehiel Brooks, in relation to the claim of Samuel Norriss to the confirmation of his title to a tract of land; which was referred to the Committee on Private Land Claims.

On motion by Mr. Wall,

Ordered , That Marshal A. Mathias have leave to withdraw his petition and papers presented at the last session.

Mr. Webster submitted the following motion for consideration:

Resolved , That the Committee on Commerce be instructed to inquire whether the law respecting vessels propelled by steam does not require revision and amendment.

On motion by Mr. Williams,

Ordered , That the Committee on Naval Affairs be discharged from the further consideration of documents relating to the claim of Lewis Gordon.

Mr. Davis, from the Committee on Commerce, to whom was referred the memorial of the Western Steamship Company, of Bristol, the British and American Steamship Navigation Company, of London, and the Trans-Atlantic Steamship Company, of Liverpool, submitted a report, accompanied by the following resolution:

Resolved , That in the opinion of the Senate, for the reasons set forth by the committee, no further legislation is expedient or necessary.

The report was read, and ordered to be printed.

Mr. Wright, from the Committee on Finance, to whom was referred the petition of St. Philip's Church, of Charleston, South Carolina, reported a 0136 136 bill (S. 188) for the relief, of the vestry and church wardens of the Protestant Episcopal Church of the parish of St. Philip, in the city of Charleston, in the State of South Carolina; which was read, and passed to the second reading.

Mr. Wright, from the Committee on Finance, to whom was referred the report of the Secretary of the Treasury, transmitting the fiscal regulations of foreign countries; reported the following resolution:

Resolved , That the Committee be discharged from the further consideration of the report and papers, and that they be laid upon the table and printed, with such parts of the document printed by order of the Senate at its last session, to be selected and arranged under the direction of the Committee, as shall present the substance of all the information communicated in a connected form, and that ten thousand additional copies be printed for the use of the Senate.

The Senate proceeded to consider the resolution, by unanimous consent; and agreed thereto.

Agreeably to notice, Mr. Linn asked and obtained leave to bring in a bill (S. 189) for the relief of Miguel Eslava; which was read the first and second times, by unanimous consent, and, with the documents on file relating thereto, referred to the Committee on Private Land Claims.

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

To the Senate of the United States:

The accompanying report from the Secretary of State is, with its enclosures, communicated to the Senate in compliance with their resolution of the 14th instant.

M. VAN BUREN.

Washington , January 25, 1840.

The message was read.

Ordered , That it be printed.

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

To the President of the Senate:

Sir : I transmit a report from the Secretary of the Navy, containing information required by a resolution of the Senate, of the 2d of March, 1839, in relation to the military and naval defences of the United States.

M. VAN BUREN.

Washington , January 25, 1840.

The message was read.

Ordered , That it lie on the table.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 14) to establish a Board of Commissioners to hear and examine claims against the United States; and,

After debate,

On motion by Mr. Hubbard,

Ordered , That the further consideration thereof be postponed until tomorrow.

On motion by Mr. Norvell,

The Senate adjourned.

TUESDAY, January 28, 1840. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of War, transmitting, agreeably to law, a letter from the Commissioner of Indian Affairs, together with a statement of the persons employed in that branch of the public service during the year 1839; which was read, referred to the Committee on Indian Affairs, and ordered to be printed.

The Vice President presented the memorial of the Legislative Assembly of the Territory of Iowa, praying that settlers upon the sixteenth sections or school lands within that Territory, may be allowed the right of preemption to a like quantity of other unappropriated public land, upon relinquishing the lands now held by them; which was referred to the Committee on Public Lands.

The Vice President presented the memorial of the Legislative Assembly of the Territory of Iowa, praying that the board of county commissioners for the county of Lee, may be allowed to locate a quantity of land to be applied to purposes of education, in lieu of a like quantity, of which said county was deprived by a treaty between the United States and the Sac and Fox Indians; which was referred to the Committee on Public Lands.

The Vice President presented the memorial of the Legislative Assembly of the Territory of Iowa, praying that settlers on the mineral lands of the United States may be allowed the right of pre-emption to said lands; which was referred to the Committee on Public Lands.

The Vice President presented the memorial of the Legislative Assembly of the Territory of Iowa, praying that the citizens of said Territory may be supplied with suitable arms and ammunition to enable them to repel Indian hostilities, and also for the establishment of a military depot within that Territory; which was referred to the Committee on Military Affairs.

The Vice President presented a preamble and resolution, passed, by the Council and House of Representatives of the Territory of Iowa, instructing the Delegate of said Territory in Congress to use his exertions to procure an increase of the compensation of the reporter of the supreme court for said Territory; which were referred to the Committee on the Judiciary.

Mr. Merrick presented the memorial of Jacob Greaves, a disabled seaman, praying a pension in consideration of disabilities incurred while in the service of the United States; which was referred to the Committee on Naval Affairs.

Mr. Merrick presented the memorial of the president and executive committee of the Howard Institution of the city of Washington, in the District of Columbia, praying the aid of Congress in support of the objects of that institution; which was referred to the Committee on the District of Columbia.

Mr. Merrick presented the memorial of the president and directors of the Bank of the Metropolis, in the city of Washington, District of Columbia, praying a renewal of their charter; which was referred to the Committee on the District of Columbia.

Mr. Calhoun presented the petition of Matthew J. Keith, praying a remuneration for property destroyed by the Seminole Indians; which was referred to the Committee of Claims.

Mr. Clayton presented the memorial of a number of citizens of the State of Delaware, praying the construction of a steam revenue cutter, to 0138 138 be stationed in the Delaware bay; which was referred to the Committee on Commerce.

Mr. Young presented the memorial of Joseph Smith, junior, Sidney Rigdon, and Elias Higbee, in behalf of the “Latter-day Saints,” commonly called Mormons , representing a series of wrongs alleged to have been committed against them by citizens and officers of the State of Missouri, and praying redress;

On motion by Mr. Norvell,

Ordered , That it lie on the table.

Mr. Preston presented the memorial of M. H. de Leon, executor of Thomas Cooper, deceased, praying the reimbursement of a fine and costs exacted of the said Thomas Cooper, under the alien and sedition laws which was referred to the Committee on the Judiciary.

Mr. Strange presented the petition of William Hankins, praying compensation for a quantity of wood supplied, under contract, to a Government agent; which was referred to the Committee of Claims.

Mr. Strange presented the petition of Susannah R. Picket, heir of Captain William Watson, late an officer in the revolutionary army, praying a pension in consideration of her late father's services; which was referred to the Committee on Pensions.

Mr. Ruggles presented the petition of a number of citizens of Lincoln county, in the State of Maine, praying a reduction of the postage on letters; which was referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Tallmadge,

Ordered , That the memorial of the executors of Henry Eckford, on the files of the Senate, be referred to the Committee on Naval Affairs.

Mr. Wright presented the petition of a number of citizens of Westchester county, in the State of New York, praying a reduction of the postage on letters; which was referred to the Committee on the Post Office and Post Roads.

Mr. Sturgeon presented the memorial of the administrator of George Simpson, deceased, praying remuneration for services performed by said deceased, under instructions from the Secretary of the Treasury, in receiving subscriptions and issuing certificates for a loan authorized by act of Congress; which was referred to the Committee on Finance.

On motion by Mr. Betts,

Ordered , That the resolutions of the General Assembly of the State of Connecticut, in favor of establishing a national foundry in that State, be referred to the Committee on Naval Affairs.

Mr. Preston Submitted the following motion for consideration:

Resolved , That the President of the United States be requested to communicate to the Senate the cause of the removal of General Call from the Government of the Territory of Florida, and the correspondence connected therewith, and also the correspondence between the Department of War and Governor Call concerning the war in Florida.

Mr. Merrick, from the Committee on the District of Columbia, to whom was referred the bill (S. 85) giving the assent of Congress to the acts of the General Assembly of Virginia, incorporating the Falmouth and Alexandria Railroad Company, and for other purposes, reported it without amendment.

0139 139

Mr. Merrick, from the Committee on the District of Columbia, to whom was referred the bill (S. 126) concerning the estates of idiots or lunatics and infants, in the District of Columbia, reported it without amendment.

Mr. Merrick, from the Committee on the District of Columbia, reported a bill (S. 190) authorizing the granting letters testamentary and of administration to aliens, in the District of Columbia; which was read, and passed to the second reading.

On motion by Mr. Merrick,

Ordered , That the Committee on the District of Columbia be discharged from the further consideration of the memorial of the Friendship Fire Company, of Alexandria.

Mr. Sevier, from the Committee on Indian Affairs, to whom the documents relating to the claim of John C. Reynolds were referred, reported a bill (S. 191) for the relief of John C. Reynolds, late disbursing agent of the Government;

On motion by Mr. Sevier,

Ordered , That the documents accompanying the said bill be printed.

Mr. Hubbard, from the Committee of Claims, to whom was referred the bill (S. 107) for the relief of Joseph M. Hernandez, reported it without amendment.

Mr. Hubbard, from the Committee of Claims, to whom was referred the petition of George W. Paschal, reported a bill (S. 192) for his relief; which was read, and passed to the second reading.

Mr. Walker, from the Committee on Public Lands, to whom was referred the petition of William Osteen, reported a bill (S. 193) for his relief; which was read, and passed to the second reading.

The Senate proceeded to consider the motion, submitted by Mr. Merrick the 23d instant, to amend the 47th rule; and the motion was disagreed to.

The bill (S. 40) to confirm the title to a certain tract of land in the county of Mobile, having been reported by the committee correctly engrossed, was read a third time; and, having been amended, on motion by Mr. King, of Alabama, by unanimous consent:

Resolved , That this bill pass, and that its title be as aforesaid.

Ordered , That the Secretary request the concurrence of the House of Representatives in this bill.

The bill (S. 98) for the relief of Samuel R. Slaymaker, having been reported by the committee correctly engrossed, was read a third time.

Resolved , That this bill pass, and that its title be as aforesaid.

Ordered , That the Secretary request the concurrence of the House of Representatives in this bill.

The Senate resumed, as in Committee of the Whole, the bill (S. 14) to establish a board of commissioners to hear and examine claims against the United States.

On motion by Mr. Sevier,

To amend the bill by inserting, after the word claims, section 1, line 5, “ except private land claims; ”

It was determined in the negative,

Yeas, 10.

Nays, 31.

On motion by Mr. Sevier,

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

Those who voted in the affirmative, are,

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Messrs. Clay, of Alabama, Fulton, Henderson, Linn, Mouton, Norvell, Robinson, Sevier, Strange, Walker.

Those who voted in the negative, are,

Messrs. Allen, Benton, Betts, Brown, Calhoun, Clay, of Kentucky, Clayton, Crittenden, Davis, Dixon, Grundy, Hubbard, King, Knight, Lumpkin, Merrick, Nicholas, Phelps, Pierce, Prentiss, Preston, Roane, Ruggles, Smith, of Indiana, Spence, Sturgeon, Tallmadge, Tappan, Wall, White, Williams.

On motion by Mr. Walker,

To amend the bill by inserting the following:

“ Sec . 12. And be it further enacted, That all decisions made by the said commissioners against any claimant, shall be final and conclusive against all such claimants, but said decisions shall in no case be final against the United States; but no one shall be required, in any case, to present any claim, in the first instance, to said commissioners, or be debarred of any remedy he may now be entitled to, in case he should not present said claim to said commissioners;”

A division of the question was called for by Mr. Tappan; and the question being taken on the first clause of the amendment, ending with the words “United States;”

It was determined in the negative,

Yeas, 12,

Nays, 31.

On motion by Mr. Hubbard,

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

Those who voted in the affirmative, are,

Messrs. Allen, Benton, Brown, Calhoun, Clay, of Alabama, Cuthbert, Fulton, Lumpkin, Robinson, Sevier, Tappan, Walker.

Those who voted in the negative, are,

Messrs. Betts, Clayton, Crittenden, Davis, Dixon, Grundy, Henderson, Hubbard, King, Knight, Linn, Merrick, Mouton, Nicholas, Norvell, Pierce, Prentiss, Preston, Roane, Ruggles, Smith, of Connecticut, Smith, of Indiana, Southard, Spence, Strange, Sturgeon, Tallmadge, Wall, White, Williams, Young.

The residue of the proposed amendment was then disagreed to.

The bill having been amended, was reported to the Senate; and the amendments were concurred in.

On the question, “Shall this bill be engrossed, and read a third time?”

It was determined in the affirmative,

Yeas, 25,

Nays, 16.

On motion by Mr. Clay, of Alabama,

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

Those who voted in the affirmative, are,

Messrs. Clayton, Crittenden, Cuthbert, Davis, Dixon, Grundy, Hubbard, King, Knight, Linn, Merrick, Nicholas, Pierce, Prentiss, Preston, Roane, Robinson, Smith, of Connecticut, Southard, Spence, Sturgeon, Walker, Wall, Williams, Young.

Those who voted in the negative, are,

Messrs. Allen, Benton, Betts, Brown, Calhoun, Clay, of Alabama, Clay, of Kentucky, Fulton, Henderson, Lumpkin, Mouton, Norvell, Ruggles, Sevier, Strange, Tappan.

So it was

Ordered , That this bill be engrossed, and read a third time.

0141 141

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

To the Senate of the United States:

I present, for your information, a communication from the Secretary of War, accompanied by a report and documents from the Chief Engineer, in relation to certain works under the superintendence of that officer during the past year. These documents were intended as a supplement to the annual report of the Chief Engineer which was laid before Congress at the commencement of the session.

M. VAN BUREN.

Washington City , January 28, 1840.

The message was read.

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

On motion,

The Senate adjourned.

WEDNESDAY, January 29, 1840. Link to Annals.

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

To the Senate of the United States:

I herewith transmit to the Senate, with reference to their resolutions of the 17th instant, copies of two official notes which have passed, subsequently to the date of my message of the 22d, between the Secretary of State and the British Minister at Washington, containing additional information in answer to the resolutions referred to.

M. VAN BUREN.

Washington , January 29, 1840.

The message was read.

Ordered , That it be printed, and that five thousand additional copies be printed for the use of the Senate.

The Vice President laid before the Senate a report of the Secretary of War, made in compliance with a resolution of the Senate, of the 30th of December, 1839, in relation to the massacres of individuals, of families, of small parties, and of shipwrecked crews or passengers, which have taken place in Florida; which was read, and ordered to be printed.

Mr. Robinson presented the petition of Seymour Treat, assignee of John Vanetten, praying to be allowed to locate the bounty land to which said Vanetten was entitled as a Canadian volunteer; which was referred to the Committee of Claims.

Mr. Roane presented the petition of William Ramsay, a commander in the United States navy, praying arrears of pay, and the payment of certain expenses incurred by him and allowed by the department, but afterward disallowed; which was referred to the Committee on Naval Affairs.

Mr. Wall presented the petition of a number of citizens of the State of New Jersey, praying an appropriation for placing buoys in the new inlet of Little Egg harbor; which was referred to the Committee on Commerce.

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On motion by Mr. Wright,

Ordered , That the petition of the widow of Jonas Snow, on the files of the Senate, be referred to the Committee on Pensions.

Mr. Preston submitted the following motion, which was considered, by unanimous consent, and agreed to:

Resolved , That the Secretary of the Navy furnish the Senate with the names of all officers of the navy who were admitted to the roll of navy pensioners between the 30th day of June, 1800, the day that the act of the 23d of April, 1800, for the better government of the navy, went into operation, and the 1st day of January, 1837; designating those who were admitted fox disability occasioned by wounds received in battle, from those who were disabled from other causes; also designating the nature and degree of disability in each case, and the battle in which such officer was wounded, or the occasion or accident by which he was otherwise disabled. Also the rank of the officers aforesaid at the time disability occurred, and the nature of the service, or particular station occupied by each individual at the time he may have been wounded or otherwise injured in the line of his duty, together with the monthly pension granted in each case.

Mr. Young, from the Committee on Roads and Canals, to whom was referred the memorial of Van Dorin, Pease, & Company, reported a bill (S. 194) to authorize the Iron Mountain Company to enter, on a credit, a quantity of land to aid the company in the construction of a railroad from the Iron mountain, in the State of Missouri, to the Mississippi river, and for other purposes; which was read, and passed to the second reading.

Mr. Wall, from the Committee on the Judiciary, to whom was referred the bill (S. 174) for the relief of the administrator on the estate of Joseph Edson, reported it without amendment.

Mr. Wall, from the Committee on the Judiciary, to whom was referred the bill (S. 70) for the more easy collection of small bank notes within the District of Columbia, reported it without amendment.

Mr. Wall, from the same committee, reported, as a substitute for the lastmentioned bill, a bill (S. 195) for the collection of bank notes of and under the denomination of twenty dollars, issued by banks within the District of Columbia; which was read, and passed to the second, reading.

Mr. Benton, from the Committee on Military Affairs, to whom was referred a memorial of the corporate authorities of the city of Mobile, submitted a report, accompanied by a bill (S. 196) for the relief of the corporate authorities of the city of Mobile.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Strange, from the Committee on the Judiciary, to whom was referred the bill (S. 131) for the relief of Thomas L. Winthrop and others, directors of an association called the New England Mississippi Land Company, reported it with an amendment; which was read.

The Senate proceeded to consider the report of the Committee on Commerce on the memorial of the Western Steamship Company and others; and,

On motion by Mr. Sturgeon,

Ordered , That the further consideration thereof be postponed until to-morrow.

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The Senate proceeded to consider the resolution reported by the Committee on Commerce on the petition of Edmund Fanning; and agreed thereto.

The Senate proceeded to consider the resolution reported by the Committee of Claims on the petition of Abel Pennington; and,

On motion by Mr. Clay, of Alabama,

Ordered , That it lie on the table.

The Senate proceeded to consider the resolution reported by the Committee on Commerce on the petition of Isaac Collier; and agreed thereto.

The Senate proceeded to consider the resolution reported by the Committee on Pensions on the petition of Arthur Matthews; and agreed thereto.

On motion by Mr. Young,

That the orders of the day be Postponed, for the purpose of taking up, for consideration, the bill (S. 159) for the continuation of the Cumberland road in the States of Ohio, Indiana, and Illinois;

It was determined in the affirmative,

Yeas, 25,

Nays, 12.

On motion by Mr. Clay, of Alabama,

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

Those who voted in the affirmative, are,

Messrs. Allen, Benton, Betts, Clay, of Kentucky, Clayton, Crittenden, Dixon, Fulton, Grundy, Knight, Linn, Nicholas, Phelps, Prentiss, Robinson, Sevier, Smith, of Indiana, Southard, Spence, Sturgeon, Tallmadge, Tappan, Webster, White, Young.

Those who voted in the negative, are,

Messrs. Brown, Calhoun, Clay, of Alabama, Cuthbert, Henderson, Hubbard, Lumpkin, Norvell, Roane, Smith, of Connecticut, Strange, Williams.

The said bill was read the second time, and considered, as in Committee of the Whole; and,

On motion by Mr. Young,

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

The bill (S. 14) to establish a board of commissioners to bear and examine claims against the United States, having been reported by the committee correctly engrossed, was read a third time, and amended, on motion by Mr. Hubbard, by unanimous consent;

Resolved , That this bill pass, and that its title be as aforesaid.

Ordered , That the Secretary request the concurrence of the House of Representatives in this bill.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 99) to repeal certain acts respecting navy pensions, and making further provisions in relation to navy pensions, together with the amendment reported thereto; and, having been amended, the bill was reported to the Senate; and the amendment was concurred in.

On motion by Mr. Southard,

Ordered , That the further consideration thereof be postponed to, and made the order of the day for Monday next, the 3d of February.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 45) to continue in force the act for the final adjustment of private 0144 144 land claims in Missouri, approved 9th July, 1832, and the act supplemental thereto, approved 2d March, 1833;

On motion by Mr. Linn,

Ordered , That it lie on the table.

The Senate proceeded to consider, as in Committee of the Whole, the following bills:

S. 44. A bill to confirm certain land claims in the Ouachita land district, in the State of Louisiana;

S. 46. A bill to transfer to the citizens of the parish of Concordia, in the State of Louisiana, the interest of the United States to a certain tract of land;

S. 47. A bill to authorize the issuing of a patent to the heirs or legal representatives of Francis Rivard, deceased; and, no amendment having been made thereto, they were, severally, reported to the Senate.

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

The Senate proceeded to consider, as in Committee of the Whole, the following bills:

S. 48. A bill confirming certain land claims in Louisiana;

S. 49. A bill for the relief of Obed P. Lacey; and, having been, severally, amended, they were reported to the Senate; and the amendments were concurred in.

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

After the consideration of Executive business,

The Senate adjourned.

THURSDAY, January 30, 1840. Link to Annals.

Mr. Phelps presented a resolution passed by the Legislature of the State of Vermont, instructing the Senators, and requesting the Representatives, of said State in Congress, to use their “influence to procure the passage of a law which shall provide for a just distribution, among the several States, of the proceeds of the public lands, agreeably to the terms of the deeds of cession;” and to “oppose any measure calculated to promote the eventual surrender of these lands to the States in which they are situated;” which was referred to the Committee on Public Lands, and ordered to be printed.

Mr. Webster presented the petition of a number of citizens of Boston, in the State of Massachusetts, praying the passage of a law to dispense with the bond and certificate now required by law to entitle foreign coal shipped from ports of the United States to the benefit of drawback.

Ordered , That it lie on the table.

Mr. Davis presented the memorial of a number of citizens of Calhoun county, in the Territory of Florida, praying the establishment of a collection district at the port of St. Joseph's, in said Territory; which was referred to the Committee on Commerce.

Mr. Davis presented the memorial of a number of merchants and masters of vessels at the ports of Appalachicola and St. Joseph's, in the Territory of Florida, praying the erection of a light-house on Cape St. Blas; which was referred to the Committee on Commerce.

Mr. Clay, of Alabama, presented the petition of a number of citizens of the counties of Jefferson and St. Clair, in the State of Alabama, praying the establishment of a post route; which was referred to the Committee on the Post Office and Post Roads.

0145 145

Mr. Clay, of Alabama, presented the petition of William Morrow, praying remuneration for losses which he has sustained in consequence of a violation, by the agent of the United States, of a contract for the performance of certain work at the United States arsenal, in the District of Columbia; which was referred to the Committee of Claims.

Mr. Williams presented the petition of a number of citizens of the State of Maine, praying a reduction of the postage on letters; which was referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Merrick,

Ordered , That the petition of the legal representatives of John G. Mackall, on the files of the Senate, be referred to the Committee of Claims.

Mr. Fulton presented the memorial of the general assembly of the State of Arkansas, praying an appropriation for improving the navigation of the Bayou Bartholomew; and, also, the petition of a number of citizens of said State in relation to the subject; which were referred to the Committee on Commerce.

Mr. Sturgeon presented the petition of a number of citizens of Philadelphia, Pennsylvania, praying an amendment to the Constitution of the United States so as to render the obligation to restore fugitives from labor available to such States only as shall conform to the original compact in its true spirit and character.

A motion being made that the petition be received, and the same being objected to,

On motion by Mr. King,

Ordered , That the motion to receive the petition lie on the table.

Mr. Sturgeon presented the petition of a number of citizens of the State of Pennsylvania, praying an amendment to the laws relating to the sale and transfer of American vessels while abroad, and the adoption, in conjunction with other civilized nations, of measures for the entire suppression of the slavetrade throughout the world.

Ordered , That so much of the petition as relates to the sale and transfer of American vessels while abroad, be referred to the Committee on Commerce; and that so much thereof as relates to the suppression of the slavetrade, be referred to the Committee on Naval Affairs.

On motion by Mr. Strange,

Ordered , That the petition of the representatives of the sureties of Archibald H. Sneed, on the files of the Senate, be referred to the Committee on the Judiciary.

Mr. Sevier, from the Committee on Indian Affairs, to whom was referred the petition of Robert Grignon, submitted a report, accompanied by the following resolution:

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

Ordered , That the report be printed.

On motion by Mr. Pierce,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of William Tracy; and that it be referred to the Committee on Public Lands.

Mr. Pierce, from the Committee on Pensions, to whom was referred the petition of Betsy Booth, submitted a report, accompanied by the following resolution:

Resolved , That it is inexpedient to grant the prayer of the petition.

Ordered , That the report be printed. 10

0146 146

Mr. Pierce, from the Committee on Pensions, to whom the documents relating to the claim of Louis M. Rivard, were referred, submitted a report, accompanied by the following resolution:

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

Ordered , That the report be printed.

Mr. Pierce, from the Committee on Pensions, to whom were referred the petition of the widow of William Starr, and the petition of Mary Blackesle, submitted a report, accompanied by the following resolution:

Resolved , That the prayers of the petitioners ought not to be granted.

Ordered , That the report be printed.

Mr. Pierce, from the Committee on Pensions, to whom was referred the petition of James P. Declacour, reported the following resolution; which was read.

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

Mr. Grundy, from the Select Committee, to whom were referred, the 7th instant, the motion submitted by Mr. Benton on the 27th December last, in relation to the assumption, by the United States, of the debts of the several States, and the amendment proposed thereto by Mr. Lumpkin, submitted a report; which was read.

A motion having been made by Mr. Benton that the report be printed, and that the consideration thereof be made the order of the day for Monday, the 3d instant,

A debate ensured; and,

On motion by Mr. King,

Ordered , That the report be recommitted.

On motion by Mr. Tappan,

The Senate adjourned.

FRIDAY, January 31, 1840. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of War, made in obedience to a resolution of the Senate of the 15th instant, in relation to internal improvements in the Territory of Wisconsin; which was read, and ordered to be printed, together with the maps.

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

To the Senate of the United States:

In compliance with two resolutions of the Senate, dated the 30th ultimo, calling for information in relation to the disputed boundary between the State Missouri and the Territory of Iowa, I transmit a report from the Secretary of State, which, with enclosures, contains all the information in the Executive Department on the subject, not already communicated to Congress.

M. VAN BUREN.

The message was read.

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

The Vice President presented a representation from Jehiel Brooke, late Indian Agent, in answer to certain allegations, contained in the memorial of Samuel Norris, against his official conduct while agent for the Caddo Indians; which was referred to the Committee on Private Land Claims.

0147 147

Mr. Clay, of Alabama, presented the memorial of Williamson Smith, praying remuneration for expenses incurred, and services performed by him, under a contract with an agent of the United States for the removal of the Cherokee Indians west of the Mississippi river; which was referred to the Committee on the Judiciary.

Mr. Clay, of Kentucky, presented the petition of a number of citizens of Philadelphia, Pennsylvania; also, the petition of a number of citizens of the State of Maine; severally praying the adoption of measures for the purpose of settling international difficulties without a recourse to war; which were referred to the Committee on Foreign Relations.

Mr. Linn presented the petition of the heirs of Joseph Thompson, senior, deceased, praying the confirmation of their title to a tract of land; which was referred to the Committee on Private Land Claims.

On motion by Mr. Knight,

Ordered , That the Senate, when they adjourn, adjourn to Monday next.

Mr. White, from the Committee on Pensions, to whom was referred the petition of Hannah Allen, submitted a report, accompanied by the following resolution:

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

Mr. Grundy, from the Select Committee, to whom was recommitted the report on the subject of the assumption, by the United States, of the debts of the several States, submitted a report, accompanied by the following resolutions:

1. Resolved , That the assumption, directly or indirectly, by the General Government, of the debts which have been, or may be contracted by the States for local objects or State purposes, would be unjust both to the States and to the people.

2. Resolved , That such assumption would be highly inexpedient and dangerous to the Union of the States.

3. Resolved , That such assumption would be wholly unauthorized by, and in violation of, the Constitution of the United States, and utterly repugnant to all the objects and purposes for which the Federal Union was formed.

4. Resolved , That to set apart the public lands, or the revenues arising therefrom, for the beforementioned purposes, would be equally unjust, inexpedient, and unconstitutional.

On motion by Mr. Grundy,

That the report be printed,

A debate ensued; and,

After the consideration of Executive business, by unanimous consent,

The Senate adjourned.

MONDAY, February 3, 1840. Link to Annals.

The Vice President laid before the Senate a report of the Secretary of the Treasury, made agreeably to law, exhibiting the contracts made by that department during the year 1839, and the expenditures from the marine hospital fund for the relief of sick and disabled seamen during the year 1838; which was read, and ordered to be printed.

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

0148 148

To the Senate of the United States:

I transmit to the Senate a report from the Director of the Mint, showing the operations of that institution for the year 1839.

M. VAN BUREN.

Washington, D. C ., February 1, 1840.

The message was read.

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

Mr. Smith, of Indiana, presented two petitions from citizens of Jefferson county, Indiana, praying the abolition of slavery and the slavetrade in the District of Columbia; two petitions from citizens of the same county, praying the abolition of the domestic slavetrade; also, two petitions from the same, praying the abolition of slavery and the slavetrade in the Territory of Florida; also, two petitions from the same, praying the rejection of all applications for the annexation of Texas to the Union; also, a petition praying that no State, whose constitution tolerates domestic slavery, may be admitted into the Union; and, also, a petition from the same, praying the recognition of the independence of Hayti, and the establishment of commercial regulations with that Government.

A motion being made that the petitions be received, and the same being objected to:

On motion by Mr. Sevier,

Ordered , That the motion to receive the petitions lie on the table.

Mr. Buchanan presented three memorials of a number of citizens of the State of Pennsylvania, praying an increase of duties on foreign silks; which were, severally, referred to the Committee on Finance.

Mr. Buchanan presented the memorial of a number of citizens of the county and city of Philadelphia, Pennsylvania, praying the construction of a steam revenue-cutter for the Delaware bay; which was referred to the Committee on Commerce.

Mr. Buchanan presented the memorial of a number of coach-lace weavers and others, citizens of Newark, New Jersey, praying an increase of duties on foreign silk coach lace; which was referred to the Committee on Finance, and ordered to be printed.

Mr. Buchanan presented two petitions from citizens of the State of Pennsylvania, praying a revision of the laws regulating the transfer and sale of American vessels when abroad, and also the adoption of measures for the abolition of the slavetrade throughout the world; which were, severally, referred to the Committee on Commerce.

Mr. Buchanan presented two petitions from citizens of the State of Pennsylvania, praying the abolition of slavery in the District of Columbia and Terri