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JOURNAL OF THE SENATE OF THE UNITED STATES OF AMERICA, BEING THE FIRST SESSION OF THE TWENTY-EIGHTH CONGRESS, BEGUN AND HELD AT THE CITY OF WASHINGTON, DECEMBER 4, 1843, AND IN THE SIXTY-EIGHTH YEAR OF THE INDEPENDENCE OF THE UNITED STATES.

LC

WASHINGTON: PRINTED BY GALES AND SEATON.

1843.

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CONGRESS OF THE UNITED STATES.

The First Session of the Twenty-eighth Congress commenced this day at the city of Washington, in conformity with the Constitution, and the Senate assembled—

MONDAY, December 4, 1843. Link to Annals.

Present :

From the State of New Hampshire.

The honorable

Charles G. Atherton,

Levi Woodbury.

From the State of Massachusetts.

The honorable Isaac C. Bates.

From the State of Rhode Island and Providence Plantations.

The honorable William Sprague.

From the State of Connecticut.

The honorable Jabez W. Huntington.

From the State of Vermont.

The honorable

Samuel S. Phelps,

William Upham.

From the State of New York.

The honorable

Nathaniel P. Tallmadge,

Silas Wright.

From the State of New Jersey.

The honorable

William L. Dayton,

Jacob W. Miller.

From the State of Pennsylvania.

The honorable

James Buchanan,

Daniel Sturgeon.

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From the State of Delaware.

The honorable Thomas Clayton.

From the State of Maryland.

The honorable William D. Merrick.

From the State of Virginia.

The honorable

William S. Archer,

William C. Rives.

From the State of North Carolina.

The honorable

William H. Haywood,

Willie P. Mangum.

From the State of Georgia.

The honorable Walter T. Colquitt.

From the State of Kentucky.

The honorable

John J. Crittenden,

James T. Morehead.

From the State of Tennessee.

The honorable

Ephraim H. Foster,

Spencer Jarnagin.

From the State of Ohio.

The honorable

William Allen,

Benjamin Tappan.

From the State of Indiana.

The honorable

Edward A. Hannegan,

Albert S. White.

From the State of Illinois.

The honorable

Sidney Breese,

James Semple.

From the State of Alabama.

The honorable William R. King.

From the State of Maine.

The honorable

George Evans,

John Fairfield.

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From the State of Missouri.

The honorable

David R. Atchison,

Thomas H. Benton.

From the State of Arkansas.

The honorable William S. Fulton.

The honorable Willie P. Mangum, President of the Senate pro tempore, resumed the chair.

The oath prescribed by law was administered to the honorable William Allen, the honorable Charles G. Atherton, the honorable Sidney Breese, the honorable James Buchanan, the honorable John J. Crittenden, the honorable William H. Haywood, and the honorable Silas Wright, their Credentials having been presented during the last session, and they took their seats in the Senate.

Mr. Evans presented the credentials of the honorable John Fairfield, elected a Senator by the Legislature of the State of Maine, to fill the vacancy occasioned by the resignation of the honorable Reuel Williams; which were read; and the oath prescribed by law having been administered to Mr. Fairfield, he took his seat in the Senate.

Mr. Crittenden presented the credentials of the honorable Ephraim H. Foster, elected a Senator by the General Assembly of the State of Tennessee, to fill the vacancy occasioned by the death of the honorable Felix Grundy; which were read; and the oath prescribed by law having been administered to Mr. Foster, he took his seat in the Senate.

Mr. Crittenden presented the credentials of the honorable Spencer Jarnagin, elected a Senator by the General Assembly of the State of Tennessee for six years from the 4th of March, 1841; which were read; and the oath prescribed by law having been administered to Mr. Jarnagin, he took his seat in the Senate.

Mr. King presented the credentials of the honorable Walter T. Colquitt, chosen a Senator by the General Assembly of the State of Georgia for six years from and after the third day of March, 1843; which were read; and the oath prescribed by law having been administered to Mr. Colquitt, he took his seat in the Senate.

Mr. Benton presented the credentials of the honorable David R. Atchison, appointed a Senator by the Governor of the State of Missouri, to fill the vacancy occasioned by the decease of the honorable Lewis F. Linn; which were read; and the oath prescribed by law having been administered to Mr. Atchison, he took his seat in the Senate.

Mr. Benton presented the credentials of the honorable James Semple, appointed a Senator by the Governor of the State of Illinois, to fill the vacancy occasioned by the decease of the honorable Samuel McRoberts; which were read; and the oath prescribed by law having been administered to Mr. Semple, he took his seat in the Senate.

Mr. Phelps presented the credentials of the honorable William Upham, elected a Senator by the Legislature of the State of Vermont for six years from and after the 3d day of March, 1843; which were read; and the oath prescribed by law having been administered to Mr. Upham, he took his seat in the Senate.

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Mr. White presented the credentials of the honorable Edward A. Hannegan, elected a Senator by the General Assembly of the State of Indiana for six years from the 4th of March, 1843; which were read; and the oath prescribed by law having been administered to Mr. Hannegan, he took his seat in the Senate.

On motion by Mr. Crittenden,

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

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

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 by Mr. Evans,

Ordered , That the daily hour of meeting be twelve o'clock, meridian, until otherwise ordered.

On motion by Mr. Phelps,

The Senate adjourned.

TUESDAY, December 5, 1843. Link to Annals.

The honorable Richard H. Bayard, from the State of Delaware; the honorable George McDuffie, from the State of South Carolina; the honorable John McPherson Berrien, from the State of Georgia; the honorable Ambrose H. Sevier, from the State of Arkansas; and the honorable Augustus S. Porter, from the State of Michigan, severally attended.

The oath prescribed by law was administered to the honorable George McDuffie and the honorable Ambrose H. Sevier, whose credentials had been presented during the last session; and they severally took their seats in the Senate.

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

Mr. President: I am directed to inform the Senate that a quorum of the House of Representatives has assembled; that John W. Jones, of the State of Virginia, has been elected Speaker thereof; and that the House is ready to proceed to business.

The House of Representatives have passed a resolution for the appointment of a joint committee to wait on the President of the United States, and inform him that a quorum of each House has assembled, and that Congress is ready to receive any communications he may be pleased to make; and Mr. Charles J. Ingersoll, Mr. Wise, and Mr. Thomasson, are the committee appointed on their part; in which resolution they request the concurrence of the Senate.

The Senate proceeded to consider the resolution passed by the House of Representatives for the appointment of a joint committee to wait on the President of the United States, and inform him that a quorum of each House has assembled, and that Congress is ready to receive any communications he may be pleased to make; and

Resolved , That they concur therein.

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On motion by Mr. Phelps,

Ordered , That the committee on the part of the Senate be appointed by the President pro tempore; and

Mr. Phelps and Mr. King were appointed.

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

Mr. Tappan submitted the following resolution for consideration:

Resolved , That the following be added to the joint rules of the two Houses:

There shall be a Joint Committee on the Library, to consist of three members on the part of the Senate and three on the part of the House of Representatives, to superintend and direct the expenditure of all moneys appropriated for the library, and to perform such other duties as are or may be directed by law.

Mr. Bayard submitted the following resolution, 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 standing committees of the Senate.

Mr. Woodbury submitted resolutions passed by the Legislature of the State of New Hampshire, instructing the Senators and requesting the Representatives of the said State in Congress “to use their best exertions to procure the passage of a law by Congress unconditionally refunding to General Andrew Jackson the fine imposed upon him by Judge Hall, A. D. 1815, for an alleged contempt of the authority of the said judge, in defending the city of New Orleans from a ruthless foreign foe, together with the costs and interest on the same;” which were read, and ordered to be printed.

Mr. Phelps, from the committee appointed on the part of the Senate, jointly with the committee appointed on the part of the House of Representatives, to wait on the President of the United States, and inform him that a quorum of each House has assembled, and that Congress is 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 that he would make a communication to the two Houses immediately.

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

To the Senate and House of Representatives of the United States:

If any people ever had cause to render up thanks to the Supreme Being for parental care and protection extended to them in all the trials and difficulties to which they have been from time to time exposed, we certainly are that people. From the first settlement of our forefathers on this continent—through the dangers attendant upon the occupation of a savage wilderness—through a long period of colonial dependence—through the war of the Revolution—in the wisdom which led to the adoption of the existing forms of republican Government—in the hazards incident to a war subsequently waged with one of the most powerful nations of the earth—in the increase of our population—in the spread of the arts and sciences, and in the strength and durability conferred on political institutions emanating from the people and sustained by their will—the superintendence of an 0008 8 overruling Providence has been plainly visible. As preparatory, therefore, to entering once more upon the high duties of legislation, it becomes us humbly to acknowledge our dependence upon Him as our guide and protector, and to implore a continuance of His parental watchfulness over our beloved country. We have new cause for the expression of our gratitude in the preservation of the health of our fellow-citizens, with some partial and local exceptions, during the past season—for the abundance with which the earth has yielded up its fruits to the labors of the husbandman—for the renewed activity which has been imparted to commerce—for the revival of trade in all its departments—for the increased rewards attendant on the exercise of the mechanic arts—for the continued growth of our population, and the rapidly reviving prosperity of the whole country. I shall be permitted to exchange congratulations with you, gentlemen of the two Houses of Congress, on these auspicious circumstances, and to assure you, in advance, of my ready disposition to concur with you in the adoption of all such measures as shall be calculated to increase the happiness of our constituents and to advance the glory of our common country.

Since the last adjournment of Congress, the Executive has relaxed no effort to render indestructible the relations of amity which so happily exist between the United States and other countries. The treaty lately concluded with Great Britain has tended greatly to increase the good understanding which a reciprocity of interest is calculated to encourage, and it is most ardently to be hoped that nothing may transpire to interrupt the relations of amity which it is so obviously the policy of both nations to cultivate.

A question of much importance still remains to be adjusted between them. The territorial limits of the two countries in relation to what is commonly known as the Oregon Territory, still remains in dispute. The United States would be at all times indisposed to aggrandize themselves at the expense of any other nation; but, while they would be restrained by principles of honor, which should govern the conduct of nations as well as that of individuals, from setting up a demand for territory which does not belong to them, they would as unwillingly consent to a surrender of their rights. After the most rigid, and, as far as practicable, unbiased examination of the subject, the United States have always contended that their rights appertain to the entire region of country lying on the Pacific, and embraced within the forty-second and fifty-fourth degree and forty minutes of north latitude. This claim being controverted by Great Britain, those who have preceded the present Executive, actuated, no doubt, by an earnest desire to adjust the matter upon terms mutually satisfactory to both countries, have caused to be submitted to the British Government propositions for settlement and final adjustment, which, however, have not proved heretofore acceptable to it. Our minister at London has, under instructions, again brought the subject to the consideration of that Government; and, while nothing will be done to compromit the rights or honor of the United States, every proper expedient will he resorted to in order to bring the negotiation, now in the progress of resumption, to a speedy and happy termination. In the mean time, it is proper to remark, that many of our citizens are either already established in the Territory, or are on their way thither for the purpose of forming permanent settlements, while others are preparing to follow—and, in view of these facts, I must repeat the recommendation contained in previous message for the establishment of military 0009 9 posts at such places, on the line of travel, as will furnish security and protection to our hardy adventurers against hostile tribes of Indians, inhabiting those extensive regions. Our laws should also follow them, so modified as the circumstances of the case may seem to require. Under the influence of our free system of Government, new republics are destined to spring up, at no distant day, on the shores of the Pacific, similar in policy and in feeling to those existing on this side of the Rocky Mountains, and giving a wider and more extensive spread to the principles of civil and religious liberty.

I am happy to inform you that the cases which have arisen, from time to time, of the detention of American vessels, by British cruisers on the coast of Africa, under pretence of being engaged in the slave trade, have been placed in a fair train of adjustment. In the case of the William and Francis, full satisfaction will be allowed; in the cases of the Tigris and Seamew, the British Government admits that satisfaction is due; in the case of the Jones, the sum accruing from the sale of that vessel and cargo will be paid to the owners, while I cannot but flatter myself that full indemnification be allowed for all damages sustained by the detention of the vessel; and in the case of the Douglass, Her Majesty's Government has expressed its determination to make indemnification. Strong hopes are therefore entertained that most, if not all, of these cases will be speedily adjusted. No new cases have arisen since the ratification of the treaty of Washington; and it is confidently anticipated that the slave trade, under the operation of the eighth article of that treaty, will be altogether suppressed.

The occasional interruption experienced by our fellow-citizens engaged in the fisheries on the neighboring coast of Nova Scotia has not failed to claim the attention of the Executive. Representations upon this subject have been made, but as yet no definitive answer to those representations has been received from the British Government.

Two other subjects of comparatively minor importance, but nevertheless of too much consequence to he neglected, remain still to be adjusted between the two countries. By the treaty between the United States and Great Britain, of July, 1815, it is provided that no higher ditties shall be levied, in either country, on articles imported from the other, than on the same articles imported from any other place. In 1836, rough rice, by act of Parliament, was admitted from the coast of Africa into Great Britain on the payment of a duty of one penny a quarter, while the same article from all other countries, including the United States, was subjected to the payment of a duty of twenty shillings a quarter. Our minister at London has from time to time brought this subject to the attention of the British Government, but so far without success. He is instructed to renew his representations upon it.

Some years since a claim was preferred against the British Government, on the part of certain American merchants, for the return of export duties paid by them on shipments of woolen goods to the United States, after the duty on similar articles exported to other countries had been repealed, and consequently in contravention of the commercial convention between the two nations securing to us equality in such cases. The principle on which the claim rests has long since been virtually admitted by Great Britain, but obstacles to a settlement have from time to time been interposed, so that a large portion of the amount claimed has not yet been refunded. 0010 10 Our minister is now engaged in the prosecution of the claim, and I cannot but persuade myself that the British Government will no longer delay its adjustment.

I am happy to be able to say that nothing has occurred to disturb in any degree the relations of amity which exist between the United States and France, Austria and Russia, as well as with the other Powers of Europe, since the adjournment of Congress. Spain has been agitated with internal convulsions for many years, from the effects of which it is to be hoped she is destined speedily to recover—when, under a more liberal system of commercial policy on her part, our trade with her may again fill its old, and, so far as her continental possessions are concerned, its almost forsaken channels, thereby adding to the mutual prosperity of the two countries.

The Germanic Association of Customs and Commerce, which, since its establishment in 1833, has been steadily growing in power and importance, and consists at this time of more than twenty German States, and embraces a population of 27,000,000 of people, united for all the purposes of commercial intercourse with each other and with foreign States, offers to the latter the most valuable exchanges, on principles more liberal than are offered in the fiscal system of any other European Power. From its origin, the importance of the German Union has never been lost sight of by the United States. The industry, morality, and other valuable qualities of the German nation, have always been well known and appreciated. On this subject I invite the attention of Congress to the report of the Secretary of State, from which it will be seen that while our cotton is admitted free of duty, and the duty on rice has been much reduced, which has already led to a greatly increased consumption, a strong disposition has been recently evinced by that great body to reduce, upon certain conditions, their present duty upon tobacco. This being the first intimation of a concession on this interesting subject ever made by any European Power, I cannot but regard it as well calculated to remove the only impediment which has so far existed to the most liberal commercial intercourse between us and them. In this view, our minister at Berlin, who has heretofore industriously pursued the subject, has been instructed to enter upon the negotiation of a commercial treaty, which, while it will open new advantages to the agricultural interests of the United States, and a more free and expanded field for commercial operations, will affect injuriously no existing interest of the Union. Should the negotiation be crowned with success, its results will be communicated to both Houses of Congress.

I communicate herewith certain despatches received from our minister at Mexico, and also a correspondence which has recently occurred between the envoy from that Republic and the Secretary of State. It must be regarded as not a little extraordinary that the Government of Mexico, in anticipation of a public discussion, which it has been pleased to infer, from newspaper publications, as likely to take place in Congress, relating to the annexation of Texas to the United States, should have so for anticipated the result of such discussion as to have announced its determination to visit any such anticipated decision by a formal declaration of war against the United States. If designed to prevent Congress from introducing that question, as a fit subject for its calm deliberation and final judgment, the Executive has no reason to doubt that it will entirely fail of its object. The Representatives of a brave and patriotic people will suffer no apprehension of future consequences to embarrass them in the course of their 0011 11 proposed deliberations. Nor will the Executive department of the Government fail, for any such cause, to discharge its whole duty to the country.

The war which has existed for so long a time between Mexico and Texas has, since the battle of San Jacinto, consisted for the most part of predatory incursions, which, while they have been attended with much of suffering to individuals, and have kept the borders of the two countries in a state of constant alarm, have failed to approach to any definitive result. Mexico has fitted out no formidable armament by land or by sea for the subjugation of Texas. Eight years have now elapsed since Texas declared her independence of Mexico, and during that time she has been recognised as a sovereign Power by several of the principal civilized States. Mexico, nevertheless, perseveres in her plans of reconquest, and refuses to recognise her independence. The predatory incursions to which I have alluded have been attended, in one instance, with the breaking up of the courts of justice, by the seizing upon the persons of the judges, jury, and officers of the court, and dragging them along with unarmed, and therefore non-combatant citizens, into a cruel and oppressive bondage, thus leaving crime to go unpunished, and immorality to pass unreproved. A border warfare is evermore to be deprecated, and over such a war as has existed for so many years between these two States humanity has had great cause to?lament. Nor is such a condition of things to be deplored only because of the individual suffering attendant upon it. The effects are far more extensive. The Creator of the universe has given man the earth for his resting place, and its fruits for his subsistence. Whatever, therefore, shall make the first or any part of it a scene of desolation, affects injuriously his heritage, and may be regarded as a general calamity. Wars may sometimes be necessary; but all nations have a common interest in bringing them speedily to a close. The United States have an immediate interest in seeing an end put to the state of hostilities existing between Mexico and Texas. They are our neighbors, of the same continent, with whom we are not only desirous of cultivating the relations of amity, but of the most extended commercial intercourse, and to practise all the rights of a neighborhood hospitality. Our own interests are deeply involved in the matter, since, however neutral may be our course of policy, we cannot hope to escape the effects of a spirit of jealousy on the part of both of the Powers. Nor can this Government be indifferent to the fact that a warfare, such as is waged between those two nations, is calculated to weaken both Powers, and finally to render them, and especially the weaker of the two, the subjects of interference on the part of stronger and more powerful nations, which, intent only on advancing their own peculiar views, may sooner or later attempt to bring about a compliance with terms, as the condition of their interposition, alike derogatory to the nation granting them, and detrimental to the interests of the United States. We could not be expected quietly to permit any such interference to our disadvantage. Considering that Texas is separated from the United States by a mere geographical line, that her territory, in the opinion of many, down to a late period, formed a portion of the territory of the United States, that it is homogeneous in its population and pursuits with the adjoining States, makes contributions to the commerce of the world in the same articles with them, and that most of her inhabitants have been citizens of the United States, speak the same language, and live under similar political institutions with ourselves, this Government is bound, by every consideration of interest as well as of sympathy, to see 0012 12 that she shall be left free to act, especially in regard to her domestic affairs, unawed by force, and unrestrained by the policy or views of other countries. In full view of all these considerations, the Executive has not hesitated to express to the Government of Mexico how deeply it deprecated a continuance of the war, and how anxiously it desired to witness its termination. I cannot but think that it becomes the United States, as the oldest of the American republics, to hold a language to Mexico upon this subject of an unambiguous character. It is time that this war had ceased. There must be a limit to all wars; and if the parent State, after an eight years' struggle, has failed to reduce to submission a portion of its subjects standing out in revolt against it, and who have not only proclaimed themselves to be independent but have been recognised as such by other Powers, she ought not to expect that other nations will quietly look on, to their obvious injury, upon a protraction of hostilities. These United States threw off their colonial dependence, and established independent Governments; and Great Britain, after having wasted her energies in the attempt to subdue them for a less period than Mexico has attempted to subjugate Texas, had the wisdom and justice to acknowledge their independence, thereby recognising the obligation which rested on her as one of the family of nations. An example thus set by one of the proudest as well as most powerful nations of the earth, it could in no way disparage Mexico to imitate. While, therefore, the Executive would deplore any collision with Mexico, or any disturbance of the friendly relations which exist between the two countries, it cannot permit that Government to control its policy, whatever it may be, towards Texas; but will treat her as by the recognition of her independence the United States have long since declared they would do, as entirely independent of Mexico. The high obligations of public duty may enforce from the constituted authorities of the United States a policy which the course persevered in by Mexico will have mainly contributed to produce; and the Executive, in such a contingency, will with confidence throw itself upon the patriotism of the people to sustain the Government in its course of action.

Measures of an unusual character have recently been adopted by the Mexican Government, calculated in no small degree to affect the trade of other nations with Mexico, and to operate injuriously to the United States. All foreigners, by a decree of the 23d day of September, and after six months from the day of its promulgation, are forbidden to carry on the business of selling by retail any goods within the confines of Mexico. Against this decree our minister has not failed to remonstrate.

The trade heretofore carried on by our citizens with Santa Fe, in which much capital was already invested, and which was becoming of daily increasing importance, has suddenly been arrested by a decree of virtual prohibition on the part of the Mexican Government. Whatever may be the right of Mexico to prohibit any particular course of trade to the citizens or subjects of foreign Powers, this late procedure, to say the least of it, wears a harsh and unfriendly aspect.

The instalments on the claims recently settled by the convention with Mexico have been punctually paid as they have fallen due, and our minister is engaged in urging the establishment of a new commission, in pursuance of the convention for the settlement of unadjusted claims.

With the other American States our relations of amity and good will have remained uninterrupted. Our minister near the Republic of New 0013 13 Granada has succeeded in effecting an adjustment of the claim upon that Government for the schooner “By Chance,” which had been pending for any years. The claim for the brig “Morris,” which had its origin during the existence of the Republic of Colombia, and indemnification for which, since the dissolution of that Republic, has devolved on its several members, will be urged with renewed zeal.

I have much pleasure in saying that the Government of Brazil has adjusted the claim upon that Government in the case of the schooner “John S. Bryan,” and that sanguine hopes are entertained that the same spirit of justice will influence its councils in arriving at an early decision upon the remaining claims; thereby removing all cause of dissension between two Powers whose interests are to some extent interwoven with each other.

Our minister at Chili has succeeded in inducing a recognition by that Government of the adjustment effected by his predecessor of the first claims in the case of the “Macedonian.” The first instalment has been received by the claimants in the United States.

Notice of the exchange of ratifications of the treaty with Peru, which will take place at Lima, has not yet reached this country, but is shortly expected to be received, when the claims upon that Republic will doubtless be liquidated and paid.

In consequence of a misunderstanding between this Government and that of Buenos Ayres, occurring several years ago, this Government has remained unrepresented at that Court, while a minister from it has been constantly resident here. The causes of irritation have, in a great measure, passed away; and it is in contemplation, in view of important interests which have grown up in that country, at some early period during the present session of Congress, with the concurrence of the Senate, to restore diplomatic relations between the two countries.

Under the provisions of an act of Congress of the last session, a minister was despatched from the United States to China, in August of the present year, who, from the latest accounts we have from him, was at Suez, in Egypt, on the 25th of September last, on his route to China.

In regard to the Indian tribes residing within our jurisdictional limits, the greatest vigilance of the Government has been exerted to preserve them at peace among themselves, and to inspire them with feelings of confidence in the justice of this Government, and to cultivate friendship with the border inhabitants. This has happily succeeded, to a great extent; but it is a subject of regret that they suffer themselves, in some instances, to be imposed upon by artful and designing men—and this, notwithstanding all the efforts of the Government to prevent it.

The receipts into the Treasury for the calendar year 1843, exclusive of loans, were little more than eighteen millions of dollars; and the expenditures, exclusive of payments on the public debt, will have been about twenty-three millions of dollars. By the act of 1842, a new arrangement of the fiscal year was made, so that it should commence on the 1st day of July in each year. The accounts and estimates for the current fiscal year will show that the loans and Treasury notes made and issued before the close of the last Congress, to meet the anticipated deficiency, have not been entirely adequate. Although, on the 1st of October last, there was a balance in the Treasury, in consequence of the provision thus made, of three millions nine hundred and fourteen thousand and eighty-two dollars and seventy-seven cents, yet the appropriations already made by Congress will 0014 14 absorb that balance, and leave a probable deficiency of two millions of dollars at the close of the present fiscal year. There are outstanding Treasury notes to about the amount of four millions six hundred thousand dollars; and, should they be returned upon the Treasury during the fiscal year, they will require provision for their redemption. I do not, however, regard this as probable, since they have obviously entered into the currency of the country, and will continue to form a portion of it, if the system now adopted be continued. The loan of 1841, amounting to five millions six hundred and seventy-two thousand nine hundred and seventy-six dollars and eighty-eight cents, falls due on the 1st of January, 1845, and must be provided for or postponed by a new loan. And, unless the resources of revenue should be materially increased by you, there will be a probable deficiency for the service of the fiscal year ending June 30, 1845, of upwards of four millions of dollars.

The delusion incident to an enormously excessive paper circulation, which gave a fictitious value to every thing, and stimulated adventure and speculation to an extravagant extent, has been happily succeeded by the substitution of the precious metals and paper promptly redeemable in specie, and thus false values have disappeared, and a sounder condition of things has been introduced. This transition, although intimately connected with the prosperity of the country, has nevertheless been attended with much embarrassment to the Government, in its financial concerns. So long as the foreign importers could receive payment for their cargoes in a currency of greatly less value than that in Europe, but fully available here in the purchase of our agricultural productions, their, profits being immeasurably augmented by the operation, the shipments were large and the revenues of the Government became superabundant. But the change in the character of the circulation from a nominal and apparently real value, in the first stages of its existence, to an obviously depreciated value in its second, so that it no longer answered the purposes of exchange or barter, and its ultimate substitution by a sound metallic and paper circulation combined, has been attended by diminished importations, and a consequent falling off in the revenue. This has induced Congress, from 1837, to resort to the expedient of issuing Treasury notes, and finally of funding them, in order to supply deficiencies. I cannot, however, withhold the remark that it is in no way compatible with the dignity of the Government that a public debt should be created in time of peace to meet the current expenses of the Government, or that temporary expedients should be resorted to an hour longer than it is possible to avoid them. The Executive can do no more than apply the means which Congress places in its hands for the support of Government; and, happily for the good of the country and for the preservation of its liberties, it possesses no power to levy exactions on the people, or to force from them contributions to the public revenue in any form. It can only recommend such measures as may, in its opinion, be called for by the wants of the public service, to Congress, with whom alone rests the power to “lay and collect taxes, duties, imposts, and excises.” This duty has upon several occasions heretofore been performed. The present condition of things gives a flattering promise that trade and commerce are rapidly reviving, and, fortunately for the country, the sources of revenue have only to be opened, in order to prove abundant.

While we can anticipate no considerable increase in the proceeds of the 0015 15 sales of the public lands, for reasons perfectly obvious to all, for several years to come, yet the public, lands cannot otherwise than be regarded as the foundation of the public credit. With so large a body of the most fertile lands in the world under the control and at the disposal of the Government, no one can reasonably doubt the entire ability of the Government to meet its engagements under every emergency. In seasons of trial and difficulty, similar to those through which we are passing, the capitalist makes his investments in the Government stocks with the most assured confidence of ultimate reimbursement; and whatever may be said in a period of great financial prosperity, such as existed for some years after 1833, I should regard it as suicidal in a season of financial embarrassment, either to alienate the lands themselves, or the proceeds arising from their sales. The first and paramount duty of those to whom may be intrusted the administration of public affairs, is to guard the public credit. In re-establishing the credit of this central Government, the readiest and most obvious mode is taken to restore the credit of the States. The extremities can only be made sound by producing a healthy action in the central Government, and the history of the present day fully establishes the fact, that an increase in the value of the stocks of this Government will, in a great majority of instances, be attended by an increase in the value of the stocks of the States. It should therefore be a matter of general congratulation, that, amidst all the embarrassments arising from surrounding circumstances, the credit of the Government should have been so fully restored, that it has been enabled to effect a loan of seven millions of dollars, to redeem that amount of Treasury notes, on terms more favorable than any that have been offered for many years. And the six per cent. stock which was created in 1842, has advanced in the hands of the holders to nearly twenty per cent. above its par value. The confidence of the people in the integrity of their Government has thus been signally manifested. These opinions relative to the public lands do not in any manner conflict with the observance of the most liberal policy towards those of our fellow-citizens who press forward into the wilderness, and are the pioneers in the work of its reclamation. In securing to all such their rights of pre-emption, the Government performs but an act of retributive justice for sufferings encountered and hardships endured, and finds ample remuneration in the comforts which its policy ensures and the happiness which it imparts.

Should a revision of the tariff, with a view to revenue, become necessary in the estimation of Congress, I doubt not you will approach the subject with a just and enlightened regard to the interests of the whole Union. The principles and views which I have heretofore had occasion to submit remain unchanged. It can, however, never be too often repeated, that the prominent interest of every important pursuit of life requires for success permanency and stability in legislation. These can only be attained by adopting as the basis of action moderation in all things, which is as indispensably necessary to secure the harmonious action of the political as of the animal system. In our political organization, no one section of the country should desire to have its supposed interests advanced at the sacrifice of all others; but union, being the great interest, equally precious to all, should be fostered and sustained by mutual concessions and the cultivation of that spirit of compromise from which the Constitution itself proceeded.

You will be informed, by the report from the Treasury Department, of the measures taken under the act of the last session, authorizing the reissue 0016 16 of Treasury notes in lieu of those then outstanding. The system adopted in pursuance of existing laws seems well calculated to save the country a large amount of interest, while it affords conveniences and obviates dangers and expense in the transmission of funds to disbursing agents. I refer you also to that report for the means proposed by the Secretary to increase the revenue, and particularly to that portion of it which relates to the subject of the warehousing system, which I earnestly urged upon Congress at its last session, and as to the importance of which my opinion has undergone no change.

In view of the disordered condition of the currency at the time, and the high rates of exchange between different parts of the country, I felt it to be incumbent on me to present to the consideration of your predecessors a proposition conflicting in no degree with the Constitution or with the rights of the States, and having the sanction, not in detail, but in principle, of some of the eminent men who had preceded me in the Executive office. That proposition contemplated the issuing of Treasury notes of denominations not less than five nor more than one hundred dollars, to be employed in payment of the obligations of the Government in lieu of gold and silver, at the option of the public creditor, and to an amount riot exceeding $15,000,000. It was proposed to make them receivable every where, and to establish at various points depositories of gold and silver, to be held in trust for the redemption of such notes, so as to ensure their convertibility into specie. No doubt was entertained that such notes would have maintained a par value with gold and silver, thus furnishing a paper currency of equal value over the Union, thereby meeting the just expectations of the people, and fulfilling the duties of a parental Government. Whether the depositories should be permitted to sell or purchase bills under very limited restrictions, together with all its other details, was submitted to the wisdom of Congress, and was regarded as of secondary importance. I thought then, and think now, that such an arrangement would have been attended with the happiest results. The whole matter of the currency would have been placed where by the Constitution it was designed to be placed—under the immediate supervision and control of Congress. The action of the Government would have been independent of all corporations, and the same eye which rests unceasingly on the specie currency, and guards it against adulteration, would also have rested on the paper currency, to control and regulate its issues and protect it against depreciation. The same reasons which would forbid Congress from parting with the power over the coinage, would seem to operate with nearly equal force in regard to any substitution for the precious metals in the form of a circulating medium. Paper, when substituted for specie, constitutes a standard of value by which the operations of society are regulated; and whatsoever causes its depreciation affects society to an extent nearly, if not quite, equal to the adulteration of the coin. Nor can I withhold the remark, that its advantages, contrasted with a Bank of the United States, apart from the fact that a bank was esteemed as obnoxious to the public sentiment, as well on the score of expediency as of constitutionality, appeared to me to be striking and obvious. The relief which a bank would afford by an issue of $15,000,000 of its notes, judging from the experience of the late United States Bank, would not have occurred in less than fifteen years; whereas, under the proposed arrangement, the relief arising from the issue of $15,000,000 of Treasury notes would have been consummated in one year; thus furnishing in one-fifteenth 0017 17 part of the time in which a bank could have accomplished it, a paper medium of exchange equal in amount to the real wants of the country, at par value with gold and silver. The saving to the Government would have been equal to all the interest which it has had to pay on Treasury notes of previous as well as subsequent issues, thereby relieving the Government, and at the same time affording relief to the people. Under all the responsibilities attached to the station which I occupy, and in redemption of a pledge given to the last Congress at the close of its first session, I submitted the suggestion to its consideration at two consecutive sessions. The recommendation, however, met with no favor at its hands. While I am free to admit, that the necessities of the times have since become greatly ameliorated, and that there is good reason to hope that the country is safely and rapidly emerging from the difficulties and embarrassments which every where surrounded it in 1841, yet I cannot but think that its restoration to a sound and healthy condition would be greatly expedited by a resort to the expedient in a modified form.

The operations of the Treasury now rest on the act of 1789 and the resolution of 1816, and those laws have been so administered as to produce as great a quantum of good to the country as their provisions are capable of yielding. If there had been any distinct expression of opinion going to show that public sentiment is averse to the plan, either as heretofore recommended to Congress, or in a modified form, while my own opinion in regard to it would remain unchanged, I should be very far from again presenting it to your consideration. The Government has originated with the States and the people, for their own benefit and advantage; and it would be subversive of the foundation principles of the political edifice which they have reared, to persevere in a measure which in their mature judgments they had either repudiated or condemned. The will of our constituents, clearly expressed, should be regarded as the light to guide our footsteps; the true difference between a monarchical or aristocratical Government and a Republic being, that in the first the will of the few prevails over the will of the many, while in the last the will of the many should be alone consulted.

The report of the Secretary of War will bring you acquainted with the condition of that important branch of the public service. The army may be regarded, in consequence of the small number of the rank and file in each company and regiment, as little more than a nucleus around which to rally the military force of the country in case of war; and yet its services, in preserving the peace of the frontiers, are of a most important nature. In all cases of emergency, the reliance of the country is properly placed in the militia of the several States, and it may well deserve the consideration of Congress, whether a new and more perfect organization might not be introduced, looking mainly to the volunteer companies of the Union for the present, and of easy application to the great body of the militia in time of war.

The expenditures of the War Department have been considerably reduced within the last two years; contingencies, however, may arise, which would call for the filling up of the regiments with a full complement of men, and make it very desirable to remount the corps of dragoons, which by an act of the last Congress was directed to be dissolved.

I refer you to the accompanying report of the Secretary, for information in relation to the navy of the United States. While every effort has been 2 0018 18 and will continue to be made to retrench all superfluities and lop off all excrescences which from time to time may have grown up, yet it has not been regarded as wise or prudent to recommend any material change in the annual appropriations. The interests which are involved are of too important a character to lead to the recommendation of any other than a liberal policy. Adequate appropriations ought to be made to enable the Executive to fit out all the ships that are now in a course of building, or that require repairs, for active service in the shortest possible time, should any emergency arise which may require it. An efficient navy, while it is the cheapest means of public defence, enlists in its support the feelings of pride and confidence which brilliant deeds and heroic valor have heretofore served to strengthen and confirm.

I refer you particularly to that part of the Secretary's report which has reference to recent experiments in the application of steam and in the construction of war steamers, made under the superintendence of distinguished officers of the navy. In addition to other manifest improvements in the construction of the steam engine and application of the motive power, which has rendered them more appropriate to the uses of ships of war, one of those officers has brought into use a power which makes the steam ship most formidable either for attack or defence. I cannot too strongly recommend this subject to your consideration, and do not hesitate to express my entire conviction of its great importance.

I call your particular attention also to that portion of the Secretary's report which has reference to the act of the late session of Congress which prohibited the transfer of any balance of appropriation kern other heads of appropriation to that for building, equipment, and repair. The repeal of that prohibition will enable the Department to give renewed employment to a large class of workmen who have been necessarily discharged, in consequence of the want of means to pay them—a circumstance attended, especially at this season of the year, with much privation and suffering.

It gives me great pain to announce to you the loss of the steamship the “Missouri,” by fire, in the bay of Gibraltar, where she had stopped to renew her supplies of coal, on her voyage to Alexandria, with Mr. Gushing, the American minister to China, on board. There is ground for high commendation of the officers and men, for the coolness and intrepidity and perfect submission to discipline evinced under the most trying circumstances. Surrounded by a raging fire, which the utmost exertions could not subdue, and which threatened momentarily the explosions of her well-supplied magazines, the officers exhibited no signs of fear, and the men obeyed every order with alacrity. Nor was she abandoned until the last gleam of hope of saving her had expired. It is well worthy of your consideration, whether the losses sustained by the officers and crew in this unfortunate affair should not be reimbursed to them.

I cannot take leave of this painful subject without adverting to the aid rendered upon the occasion by the British authorities at Gibraltar, and the commander, officers, and crew of the British ship of the line the “Malabar,” which was lying at the time in the bay. Every thing that generosity or humanity could dictate was promptly performed. It is by such acts of good will by one to another of the family of nations, that fraternal feelings are nourished and the blessings of permanent peace secured.

The report of the Postmaster General will bring you acquainted with the operations of that department during the past year, and will suggest 0019 19 to you such modifications of the existing laws as in your opinion the exigencies of the public service may require. The change which the country has undergone of late years, in the mode of travel and transportation, has afforded so many facilities for the transmission of mail matter out of the regular mail, as to require the greatest vigilance and circumspection, in order to enable the officer at the head of the department to restrain the expenditures within the income. There is also too much reason to fear that the franking privilege has run into great abuse. The department, nevertheless, has been conducted with the greatest vigor, and has attained, at the least possible expense, all the useful objects for which it was established.

In regard to all the departments, I am quite happy in the belief that nothing has been left undone which was called for by a true spirit of economy, or by a system of accountability rigidly enforced. This is in some degree apparent from the fact, that the Government has sustained no loss by the default of any of its agents. In the complex, but at the same time beautiful, machinery of our system of Government, it is not a matter of surprise that some remote agency may have failed for an instant to fulfil its desired office; but I feel confident in the assertion, that nothing has occurred to interrupt the harmonious action of the Government itself, and that, while the laws have been executed with efficiency and vigor, the rights neither of States nor individuals have been trampled on or disregarded.

In the mean time, the country has been steadily advancing in all that contributes to national greatness. The tide of population continues unbrokenly to flow into the new States and Territories, where a refuge is found not only for our native-born fellow-citizens, but for emigrants from all parts of the civilized world, who come among us to partake of the blessings of our free institutions, and to aid by their labor to swell the current of our wealth and power.

It is due to every consideration of public policy that the hakes and rivers of the West should receive all such attention at the hands of Congress as the Constitution will enable it to bestow. Works in favorable and proper situations on the lakes would be found to be as indispensably necessary in case of war, to carry on safe and successful naval operations, as fortifications on the Atlantic seaboard. The appropriation made by the last Congress, for the improvement of the navigation of the Mississippi river, has been diligently and efficiently applied.

I cannot close this communication, gentlemen, without recommending to your most favorable consideration the interests of this District. Appointed by the Constitution its exclusive legislators, and forming in this particular the only anomaly in our system of Government, of the legislative body being elected by others than those for whose advantage they are to legislate, you will feel a superadded obligation to look well into their condition, and to leave no cause for complaint or regret. The seat of Government of our associated Republics cannot but be regarded as worthy of your parental care.

In connexion with its other interests, as well as those of the whole country, I recommend that at your present session you adopt such measures, in order to carry into effect the Smithsonian bequest, as in your judgment will be the best calculated to consummate the liberal intent of the testator.

When, under a dispensation of Divine Providence, I succeeded to the 0020 20 Presidential office, the state of public affairs was embarrassing and critical. To add to the irritation consequent upon a long standing controversy with one of the most powerful nations of modern times, involving not only questions of boundary, which, under the most favorable circumstances, are always embarrassing, but at the same time important and high principles of maritime law, bottler controversies between the citizens and subjects of the two countries had engendered a state of feeling and of conduct which threatened fine most calamitous consequences. The hazards incident to this state of things were greatly heightened by the arrest and imprisonment of a subject of Great Britain, who, acting, as it was alleged, as a part of a military force, had aided in the commission of an act violative of the territorial jurisdiction of the United States, and involving the murder of a citizen of the State of New York. A large amount of claims against the Government of Mexico remained unadjusted, and a war of several years' continuance with the savage tribes of Florida still prevailed, attended with the desolation of a large portion of that beautiful Territory, and with the sacrifice of many valuable lives. To increase the embarrassments of the Government, individual and State credit had been nearly stricken down, and confidence in the General Government was so much impaired that loans of a small amount could only be negotiated at a considerable sacrifice. As a necessary consequence of the blight which had fallen on commerce and mechanical industry, the ships of the one were thrown out of employment, and the operations of the other had been greatly diminished. Owing to the condition of the currency, exchanges between different parts of the country had become ruinously high, and trade had to depend on a depreciated paper currency in conducting its transactions. I shall be permitted to congratulate the country that, under an overruling Providence, peace was preserved without a sacrifice of the national honor, the war in Florida was brought to a speedy termination; a large portion of the claims on Mexico have been fully adjudicated and are in a course of payment, while justice has been rendered to us in other matters by other nations; confidence between man and man is in a great measure restored, and the credit of this Government fully and perfectly re-established. Commerce is becoming more and more extended in its operations, and manufacturing and mechanical industry once more reap the rewards of skill and labor honestly applied. The operations of trade rest on a sound currency, and the rates of exchange are reduced to their lowest amount. In this condition of things, I have felt it to be my duty to bring to your favorable consideration matters of great interest in their present and ultimate results; and the only desire which I feel in connexion with the future is, and will continue to be, to leave the country prosperous, and its institutions unimpaired.

JOHN TYLER

Washington , December 5, 1843.

The message was read.

On motion by Mr. Sevier,

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

On motion by Mr. Bayard,

Ordered , That the Senate proceed to the election of a printer of the Senate for the 28th Congress.

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The Senate proceeded to the election of a printer of the Senate for the 28th Congress; and,

On counting the ballots, it appeared that Gales & Seaton were duly elected.

On motion by Mr. Evans,

The Senate adjourned.

WEDNESDAY, December 6, 1843. Link to Annals.

The honorable John Henderson and the honorable Robert J. Walker, from the State of Mississippi; the honorable William Woodbridge, from the State of Michigan; and the honorable Alexander Barrow, from the State of Louisiana, severally attended.

Mr. Buchanan presented the memorial of Mary Reeside, of the city of Philadelphia, sole executrix of the last will and testament of James Reeside, deceased, praying the payment of a sum of money found to be due to her late husband, by the decision of a jury, in a suit instituted against him by the United States.

Ordered , That it lie on the table.

The Senate proceeded to consider the resolution submitted yesterday by Mr. Tappan, to amend the joint rules of the two Houses, so as to provide for the appointment of a Joint Library Committee; and the resolution was agreed to.

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

On motion by Mr. Walker,

Ordered , That Jonathan Freeman have leave to withdraw his petition and papers.

On motion by Mr. Evans,

The Senate adjourned.

THURSDAY, December 7, 1843. Link to Annals.

The honorable Rufus Choate, from the State of Massachusetts, attended.

Mr. McDuffie presented the credentials of the honorable Daniel Elliott Huger, elected a Senator by the Legislature of the State of South Carolina, to fill the vacancy occasioned by the resignation of the honorable John C. Calhoun; which were read; and the oath prescribed by law was administered to Mr. Huger, and he took his seat in the Senate.

The President pro tempore laid before the Senate a communication from the Treasure of the United States, accompanied by copies of his accounts with the United States for the 3d and 4th quarters of the year 1842, and the 1st and 2d quarters of 1843; also, a communication from the Treasurer of the United States, accompanied by copies of his accounts for the service of the Post Office Department for the year ending the 1st of July, 1841, and for the year ending the 1st of July, 1842.

The communications were read, and ordered to lie on the table

On motion by Mr. White,

Ordered , That Madame De Lusser have leave to withdraw her petition and papers.

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On motion by Mr. King,

Ordered , That Goldthwaite & Lyon have leave to withdraw their petition and papers.

On motion by Mr. Benton,

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

On motion by Mr. Benton,

The Senate adjourned.

MONDAY, December 11, 1843. Link to Annals.

The honorable Arthur P. Bagby, from the State of Alabama, whose credentials were presented during the last session, attended; and the oath prescribed by law having been administered to Mr. Bagby, he took his seat in the Senate.

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

Mr. President: The House of Representatives concur in the resolution, passed by the Senate, to amend the joint rules of the two Houses so as to appoint at each session a Joint Library Committee; and Mr. Burke, Mr. Marsh, and Mr. Maclay, have been appointed the committee on their part.

The House of Representatives have passed a resolution for the election of two Chaplains, of different denominations, one by each House; in which they request the concurrence of the Senate.

The Senate proceeded to consider the resolution from the House of Representatives for the election of two Chaplains, of different denominations, one by each House; and

Resolved , That they concur therein.

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

On motion by Mr. Tappan,

Ordered , That the Committee on the Library on the part of the Senate, and the Committee on Enrolled Bills on the part of the Senate, be appointed by the President pro tempore.

The President pro tempera announced the appointment of the following committees:

A Committee on Foreign Relations, consisting of Mr. Archer, Mr. Berrien, Mr. Buchanan, Mr. Tallmadge, and Mr. Choate.

A Committee on Finance, consisting of Mr. Evans, Mr. McDuffie, Mr. Huntington, Mr. Woodbury, and Mr. Crittenden.

A Committee on Commerce, consisting of Mr. Huntington, Mr. Woodbridge, Mr. King, Mr. Barrow, and Mr. Wright.

A Committee on Manufactures, consisting of Mr. Simmons, Mr. Archer, Mr. Miller, Mr. Buchanan, and Mr. Morehead.

A Committee on Agriculture, consisting of Mr. Upham, Mr. Bates, Mr. Sturgeon, Mr. Sample, and Mr. Atchison.

A Committee on Military Affairs, consisting of Mr. Crittenden, Mr. Barrow, Mr. Benton, Mr. Dayton, and Mr. Foster.

A Committee on the Militia, consisting of Mr. Barrow, Mr. Fulton, Mr. Sample, Mr. Fairfield, and Mr. Atchison.

A Committee on Naval Affairs, consisting of Mr. Bayard, Mr. Choate, Mr. Huger, Mr. Haywood, and Mr. Henderson.

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A Committee on Public Lands, consisting of Mr. Woodbridge, Mr. Tallmadge, Mr. Walker, Mr. Jarnagin, and Mr. Morehead.

A Committee on Private Land Claims, consisting of Mr. Henderson, Mr. Haywood, Mr. Sprague, Mr. Tappan, and Mr. Colquitt.

A Committee on Indian Affairs, consisting of Mr. White, Mr. Morehead, Mr. Sevier, Mr. Phelps, and Mr. Benton.

A Committee of Claims, consisting of Mr. Foster, Mr. Wright, Mr. Woodbury, Mr. Phelps, and Mr. Haywood.

A Committee on Revolutionary Claims, consisting of Mr. Jarnagin, Mr. Clayton, Mr. Upham, Mr. Colquitt, and Mr. Hannegan.

A Committee on the Judiciary consisting of Mr. Berrien, Mr. Clayton, Mr. Dayton, Mr. Walker, and Mr. Huger.

A Committee on the Post Office and Post Roads, consisting of Mr. Merrick, Mr. Simmons, Mr. Jarnagin, Mr. Fulton, and Mr. Atchison.

A Committee on Roads and Canals, consisting of Mr. Porter of Michigan, Mr. White, Mr. King, Mr. Breese, and Mr. Sturgeon.

A Committee on Pensions, consisting of Mr. Bates, Mr. Sevier, Mr. Foster, Mr. Evans, and Mr. Atherton.

A Committee on the District of Columbia, consisting of Mr. Miller, Mr. Bayard, Mr. King, Mr. Merrick, and Mr. Semple.

A Committee on Patents and the Patent Office, consisting of Mr. Phelps, Mr. Porter of Michigan, Mr. Bates, Mr. Sturgeon, and Mr. Atherton.

A Committee on Retrenchment, consisting of Mr. Morehead, Mr. Miller, Mr. Huntington, Mr. Fulton, and Mr. Henderson.

A Committee on Public Buildings, consisting of Mr. Dayton, Mr. Breese, and Mr. Bagby.

A Committee to Audit and Control the Contingent Expenses of the Senate, consisting of Mr. Tappan, Mr. White, and Mr. Porter of Michigan.

A Committee on Printing, consisting of Mr. Simmons, Mr. Fairfield, and Mr. Sprague.

A Committee on Engrossed Bills, consisting of Mr. Dayton, Mr. Bagby, and Mr. Sprague.

A Committee on the Library on the part of the Senate, consisting of Mr. Choate, Mr. Tappan, and Mr. Berrien.

A Committee on Enrolled Bills on the part of the Senate, consisting of Mr. Hannegan and Mr. Atherton.

Mr. Barrow submitted the following resolutions for consideration:

Resolved , That the Secretary of the Navy be directed to lay before the Senate the plan and estimate for a wharf at Pensacola navy yard, as designed by James Herron, civil engineer, and approved by the naval commandant of the station, acting under the instructions of the Navy Department.

Resolved , That the Secretary of the Navy instruct Mr. Herron to prepare, for the purpose of being transmitted to the Senate, the plan of a dock, marine railway, or other suitable work, as shall, in the opinion of said engineer, be best adapted to the locality and afford the greatest facilities for the thorough repair of ships of war at Pensacola, accompanied by an estimate of the probable cost of constructing such work in the moat permanent manner.

Mr. Jarnagin submitted the following resolution for consideration, which was read:

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Resolved , That the Secretary of War be directed to communicate to the Senate, with as little delay as possible, answers to the following inquiries:

1. Has the board of commissioners authorized and provided for by the 17th article of the Cherokee treaty of 1835–'36, appointed by the President and Senate of the United States in the year 1836, and adjourned or dissolved in the spring of 1839, been reorganized by the appointment of two commissioners, in September, 1842; the said 17th article being in the following words:

“Art. 17. All the claims arising under or provided for in the several articles of this treaty shall be examined and adjudicated by such commissioners as shall be appointed by the President of the United States, by and with the advice and consent of the Senate of the United States for that purpose, and their decision shall be final; and on their certificate of the amount due the several claimants, they shall be paid by the United States.”

2. When the board was first organized, in the year 1836, were not the funds appropriated to pay the claims adjudicated under the above article of the Cherokee treaty placed in the hands of a disbursing officer by the Secretary of War, (Governor Cass,) with instructions to pay upon the certificates issued by the board, and under its sole direction? And was not Secretary Cass at the head of the War Department when the Cherokee treaty of 1835–'36 was negotiated?

3. How many certificates were issued by the board at its former session upon its decrees, as shown by the files of the War Department; and were not these certificates paid in full and received in the Second Auditor's office, from the disbursing officer, as the proper vouchers for his disbursements, without a single case upon which they were predicated being referred to the Secretary of War for his revision?

4. Do the records of the War Department, from the time the board was first organized in 1836 up to its reorganization in September, 1842, exhibit a single instance wherein the Executive department of the Government assumed the power to control the judicial action of the Cherokee board, prescribe the boundaries of its jurisdiction under the treaty, or alter or annul its decrees, when it declared them to be final, and issued a certificate for the amount due, as prescribed by the treaty?

5. Since the reorganization of the Cherokee board, in September, 1842, have the certificates issued by the commissioners upon their decrees been paid according to the mode prescribed under the administration of President Jackson, and continued throughout the administration of President Van Buren? Does an order now exist in the department, that the certificates must be submitted to the Secretary of War for allowance or rejection in whole or in part, and if any portion is allowed, that it must be paid upon a separate requisition issued by him in each case?

6. When certificates issued since September, 1842, have been presented to the Secretary of War, in compliance with the above order, have not the proceedings of the board in the case upon which the certificate has issued been demanded for re-examination; and has not the department assumed the power of annulling the decree of the board, and in many cases set the decree aside, and refused payment to claimants; in others, postponed the case for further consideration; and in cases where the decree of the board is confirmed, refused to pay the certificate in full, in conformity with the plain provisions of the treaty, and in accordance with the precedents left 0025 25 in the department by two former administrations? and that the Secretary of War will communicate to the Senate the law or authority by which this power is conferred upon his department.

7. Are the certificates issued by the board now in existence the same in matter and form (taken from the same printed certificate book) as those issued by the same tribunal at its former session? What amount of claims were adjudicated and paid by the former, and what amount has been adjudicated by the board now in session? What number of awards made by the latter have been allowed and paid by the department, and what number have been disallowed of suspended?

Mr. Jarnagin submitted the following resolution for consideration:

Resolved , That the Secretary of the Treasury be, and he hereby is, directed to furnish a statement to the Senate of the amount of money paid out of the Treasury, on certificates issued by the board of commissioners appointed in September, 1842, under the 17th article of the Cherokee treaty of 1835–'36; the date when such payments were made, and whether said certificates were paid in whole or in part; and, if paid only in part, that he state by what authority or under what law any portion of the money which appears to be due to the several claimants upon the face of said certificates has been withheld.

The President pro tempore laid before the Senate a report of the Secretary of the Treasury on the state of the finances, prepared in obedience to the acts of May 10, 1800, and August 26, 1842; which was read.

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

Ordered , That it be printed, and that, in addition to the usual number, fifteen hundred copies be printed for the use of the Senate, and two hundred copies for the use of the Treasury Department.

The President pro tempore laid before the Senate a report of the Secretary of the Navy, showing the expenditures for the contingent expenses of the navy for the year ending September 30, 1843; which was read, and referred to the Committee on Naval Affairs.

On motion, by Mr. Bayard, that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

Mr. Bayard presented the petition of Mark Simpson, a soldier in the last war with Great Britain, praying compensation for his military services; which was referred to the Committee on Military Affairs.

Mr. Wright presented the petition of Eunice Redington, widow of a deceased revolutionary soldier, praying a pension; which was referred to the Committee on Pensions:

Mr. Wright submitted additional documents in relation to the claim of John Bosworth for a pension; which, with his petition on the files of the Senate, were referred to the Committee on Pensions.

Mr. Breese presented the petition of George Davenport, of the State of Illinois, praying the right of pre-emption to a tract of land; which was referred to the Committee on Public Lands.

Mr. Henderson presented the memorial of the West Feliciana Railroad Company, praying that certain railroad iron imported for the use of their railroad, and not laid down within the time required by law, may be exempted from the payment of duties; which was referred to the Committee or, Finance.

Mr. Tappan presented the petition of citizens of Washington county, Pennsylvania, and Brooke county, Virginia, praying the establishment of a 0026 26 mail route from Washington, Pennsylvania, to Steubenville, Ohio; which, with the petitions and papers relating to the subject on the files of the Senate, were referred to the Committee on the Post Office and Post Roads.

Mr. Evans presented the petition of Isaac Ilsley, late collector of the customs for the district of Portland and Falmouth, in Maine, praying the reimbursement of a sum of money erroneously paid into the Treasury on a settlement of his accounts; which was referred to the Committee on the Judiciary.

Mr. Evans presented the petition of Polly Edwards, widow of a deceased revolutionary soldier, praying a pension; which was referred to the Committee on Pensions.

Mr. Dayton presented the petition of J. T. Hudson, praying an adjustment of the title to the Pea Patch island, in the Delaware river; which was referred to the Committee on the Judiciary.

Mr. Berrien presented the memorial of the Central Railroad and Banking Company of Georgia, praying that the bonds given for duties on railroad iron imported and laid down on their railroad within the time required by law may be cancelled, and that the duties on certain other importations of railroad iron may be remitted; which was referred to the Committee on Finance.

On motion by Mr. Evans,

Ordered , That the petition of Thomas Fillebrown, jr., on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Breese,

Ordered , That the resolutions of the General Assembly of the State of Illinois, on the subject of reducing the rates of postage on letters, on the files of the Senate, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Porter,

Ordered , That the memorials of the board of internal improvements of the State of Michigan, in relation to the remission of duties on railroad iron, on the files of the Senate, be referred to the Committee on Finance.

On motion by Mr. Walker,

Ordered , That the petition of John Hutchins, on the files of the Senate, be referred to the Committee on Public Lands.

On motion by Mr. Sevier,

Ordered , That the petition of Benjamin Murphy, on the files of the Senate, be referred to the Committee on Indian Affairs.

On motion by Mr. Bagby,

Ordered , That the petition of Jamison & Williamson, on the files of the Senate, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Bayard,

Ordered , That McKean Buchanan have leave to withdraw his memorials from the files of the Senate.

On motion by Mr. Bayard,

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

On motion by Mr. Buchanan,

Ordered , That the petition of the executrix of James Reeside, deceased, presented the 6th instant, be referred the Committee on the Judiciary.

Agreeably to notice, Mr. Walker asked and obtained leave to bring in a bill (S. 1) to reduce and graduate the price of the public lands; which 0027 27 was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Henderson asked and obtained leave to bring in a bill (S. 2) to confirm the survey and location of claims for lands in the State of Mississippi, east of the Pearl river and south of the thirty-first degree of north latitude; which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

The Senate proceeded to the election of a Secretary, pursuant to the 49th rule; and, on counting the ballots, it appeared that Asbury Dickins was duly elected.

Mr. Dickins attended, and the oaths prescribed by law were administered to him by the President pro tempore.

The Senate proceeded to the election of a Sergeant-at-arms and Doorkeeper, in pursuance of the 49th rule; and, on counting the ballots, it appeared that Edward Dyer was duly elected.

Mr. Dyer attended, and the oath prescribed by law was administered to him by the President pro tempore.

The Senate proceeded to the election of an Assistant Doorkeeper, pursuant to the 49th rule; and, on counting the ballots, it appeared that Robert W. Beale was duly elected.

Mr. Beale attended, and the oath prescribed by law was administered to him by the President pro tempore.

The Senate proceeded to the election of a Chaplain on their part; and, on counting the ballots, it appeared that the Rev. Septimus Tuston was duly elected.

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

On motion,

The Senate adjourned.

TUESDAY, December 12, 1843. Link to Annals.

Mr. Benton announced the decease of the honorable Lewis F. Linn, which took place at his residence the 31st of October last.

On motion by Mr. Benton,

Resolved, unanimously , That the Senate, from a sincere desire of showing every mark of respect due to the memory of the honorable Lewis F. Linn late a member thereof, will go into mourning, by wearing crape on the left arm for thirty days.

Resolved, unanimously , That, as an additional mark of respect for the memory of the honorable Lewis F. Linn, the Senate do now adjourn.

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

Whereupon,

The Senate adjourned.

WEDNESDAY, December 13, 1843. Link to Annals.

Mr. Breese announced the decease of the honorable Samuel McRoberts, which took place at Cincinnati the 27th of March last.

On motion by Mr. Breese,

Resolved, unanimously , That the members of the Senate, from a sincere 0028 28 desire of bestowing every mark of respect due to the memory of the honorable Samuel McRoberts, deceased, late a Senator from the State of Illinois, will go into mourning, by wearing crape on the left arm for thirty days.

Resolved, unanimously , That, as a further mark of respect for the memory of the honorable Samuel McRoberts, the Senate do now adjourn.

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

Whereupon,

The Senate adjourned.

THURSDAY, December 14, 1843. Link to Annals.

Mr. Evans presented the petition of. Thomas Smith, praying the remission of a fine and costs imposed on him for an unintentional violation of the revenue laws; which was referred to the Committee on Commerce.

Mr. Crittenden presented a petition of citizens of Delaware county, Pennsylvania, praying the construction of a dry dock at the port of Philadelphia; which was referred to the Committee on Naval Affairs.

Mr. Miller submitted documents in relation to the claim of the heirs of David Munn, a revolutionary soldier, to arrears of pension; which were referred to the Committee on Pensions.

Mr. Miller presented the memorial of the president and directors of the Bank of the Metropolis, in the city of Washington, praying an extension of their charter; which was referred to the Committee on the District of Columbia.

Mr. Sturgeon presented the petition of Joseph H. Waring, praying compensation for services as clerk in the office of the Solicitor of the Treasury; which was referred to the Committee of Claims.

Mr. Bagby presented the petition of Stephen Steele and James Daniel, of the State of Alabama, praying the confirmation of their title to a tract of land; which was referred to the Committee on Private Land Claims.

Mr. Atchison presented a memorial of members of the bar in the city of St. Louis, in Missouri, praying an alteration in the mode of conducting business before the United States circuit court for the district of Missouri, as now provided by law; which was referred to the Committee on the Judiciary.

Mr. Atherton presented resolutions passed by the Legislature of the State of New Hampshire, instructing the Senators and requesting the Representatives of that State in Congress to use their exertions to abolish the military academy at West Point; which were referred to the Committee on Military Affairs, and ordered to be printed.

Mr. Woodbury presented the petition of Jane Gordon, widow of a deceased revolutionary soldier, praying a pension; which was referred to the Committee on Pensions.

Mr. Woodbury presented the petition of Gideon and Shadrach Batchelder, praying compensation for stone furnished for the construction of the Sandy Bay breakwater, in the State of Massachusetts; which was referred to the Committee of Claims.

Mr. Woodbury presented a petition of citizens of Portsmouth, New Hampshire, praying a reduction of the rates of postage and a restriction of 0029 29 the franking privilege; which was referred to the Committee on the Post Office and Post Roads.

Mr. Tallmadge presented the memorial of the widow of Elijah J. Weed, deceased, late quartermaster of the 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. Archer presented a memorial of members of the bar of Winchester and Staunton, in Virginia, praying that the salary of the district judge of the western district of Virginia may be increased; which was referred to the Committee on the Judiciary.

Mr. Archer presented the petition of Harriet H. Sanders, widow of a deceased naval officer, praying a pension; which was referred to the Committee on Naval Affairs.

Mr. Archer presented the memorial of Elizabeth Lomax, daughter and heir of William Lindsay, deceased, late an officer in the revolutionary army, praying to be allowed the commutation pay due to her father for his services in the revolutionary war; which was referred to the Committee on Revolutionary Claims.

Mr. Woodbridge presented the petition of Eugene E. T. Smith, an officer in the Florida war, praying an increase of pension; which was referred to the Committee on Pensions.

Mr. Woodbridge presented the petition of Charles Morgan, praying compensation for his services and the services of his father during the revolutionary war, and for the loss of property by the enemy during the last war with Great Britain; which was referred to the Committee on Revolutionary Claims.

Mr. Hannegan presented the memorial of the board of trustees of the State University of Indiana, praying that a deficiency in their school lands, caused by the sale of those lands for other objects, may be made up to them; which was referred to the Committee on Public Lands.

Mr. Hannegan presented a memorial of citizens of the State of Indiana, praying a grant of public land to aid in the completion of the Wabash and Erie canal; which was referred to the Committee on Public Lands.

Mr. Hannegan presented a memorial, signed by Senators of the State of Indiana, praying a grant of public land for the completion of the Wabash and Erie canal; which was referred to the Committee on Public Lands.

Mr. Dayton presented the petition of the widow of William C. McCall, deceased, late a surgeon in the navy, praying a pension; which was referred to the Committee on Pensions.

Mr. Dayton presented the petition of the widow of George B. McCulloh, deceased, late an officer in the navy, praying a pension; which was referred to the Committee on Pensions.

Mr. Huntington presented the memorial of John Ward and Company, praying remuneration for loss sustained in consequence of an error which occurred in the Treasury Department in issuing the stock purchased by them from the United States; which was referred to the Committee on Finance.

Mr. Wright presented the petition of William De Peyster and Henry N. Cruger, praying remuneration for a slave carried off, while in the service of the United States, by a party of emigrating Seminole Indians, and compensation 0030 30 for the time he was employed by the United States; which was referred to the Committee on Military Affairs.

On motion by Mr. Wright,

Ordered , That the petition of M. M. Quackenbos and others, sureties of Samuel Swartwout, on the files of the Senate, be referred to the Committee on the Judiciary.

On motion by Mr. Fulton,

Ordered , That the memorial of the General Assembly of Arkansas, praying the establishment of a naval depot and dock yard at or near Memphis, Tennessee, be referred to the Committee on Naval Affairs.

On motion by Mr. King,

Ordered , That the petition of Joseph M. Hernandez, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Evans,

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. Archer,

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

On motion by Mr. Huntington,

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. White,

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

On motion by Mr. Jarnagin,

Ordered , That four hundred additional copies of the communication from the Postmaster General, accompanying the President's message, be printed, for the use of the Post Office Department.

On motion by Mr. Walker,

Ordered , That the memorial of John Grant, on the files of the Senate, be referred to the Committee on the Judiciary.

On motion by Mr. Fairfield,

Ordered , That the petition of Noah Miller, on the files of the Senate, be referred to the Committee on Commerce.

On motion by Mr. Berrien,

Ordered , That the petition of Duncan L. Clinch and the petition of John H. McIntosh, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Fulton,

Ordered , That the resolution of the General Assembly of the State of Arkansas, in favor of refunding to General Andrew Jackson the amount of a fine imposed on him 1815, be referred to the Committee on the Judiciary.

On motion by Mr. Crittenden,

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.

0031 31

On motion by Mr. Porter,

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

Mr. Benton submitted the following resolution for consideration:

Resolved , That the President of the United States be requested to cause to be communicated to the Senate all the information and correspondence in the War Department on the subject of the “ mountain howitzer ” obtained by Lieutenant Fremont from the arsenal at St. Louis in May last, and taken by him on the expedition to the Oregon.

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

Resolved , That the annual report of the Secretary of the Treasury on the finances be referred to the Committee on Finance, except so much thereof as relates to a diminution of the expenses of collecting the revenue, by abolishing some of the collection districts and of some offices in other districts; and so much as relates to duties-on tonnage and light money, and the appropriation of the same; and so much as relates to “the imposition of a transit duty upon imported merchandise on its passage from one of our ports to the dominions of a foreign State immediately adjoining the United States;” and so much thereof as relates to a warehouse system, and to the establishment of a port of entry on the Southwestern frontier—which several subjects are hereby referred to the Committee on Commerce; and except, also, so much thereof as relates to a more prompt and convenient mode of proceeding to obtain judicial condemnation of goods of small value, which have been seized as having been illegally imported; and so much as recommends a right of appeal, on behalf of the United States, from the circuit court to the Supreme Court, in cases involving the construction of the revenue laws; and so much as relates to the fees of the clerks of the circuit and district courts—which several subjects are hereby referred to the Committee on the Judiciary; and except, also, so much of said report as relates to the consolidation of two or more surveying districts, and the discontinuance of the land offices in certain cases, which is hereby referred to the Committee on Public Lands.

Mr. Henderson submitted the following resolution for consideration:

Resolved , That the Secretary of the Treasury be, and is hereby, directed to furnish the Senate a statement showing what amount of money is now due and unpaid to the State of Mississippi from the United States, on account, respectively, of the two per cent. fund and the three per cent. fund, and the distribution fund arising from the sales of the public lands in said State; also, the respective sums paid to said State on account of each of these several funds since July, 1841, showing the several dates of payment, to whom paid, upon what order or authority, and exhibiting all the correspondence which has taken place, in respect to each of said funds, between the Treasury Department and any officer or department of the said State of Mississippi.

Mr. Breese submitted the following resolution for consideration:

Resolved , That the President of the United States be requested to inform the Senate why the act of Congress of the 26th June, 1834, entitled “An act to create additional land districts in the State of Illinois and Missouri, and in the territory north of the State of Illinois,” has not been carried into effect, and the sales of the lands therein, ordered, as required by the provisions of said act.

0032 32

On motion by Mr. Miller,

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

On motion by Mr. Archer,

Ordered , That Farrow & Harris have leave to withdraw their petition and documents.

The Senate proceeded to consider the resolution submitted by Mr. Jarnagin the 11th instant; and, on motion by Mr. Jarnagin,

Ordered , That it lie on the table.

The Senate proceeded to consider the resolutions submitted by Mr. Barrow the 11th instant, in relation to the erection of a permanent wharf for the navy yard at Pensacola; which were amended, on the motion of Mr. Barrow, and agreed to as follows:

Resolved , That the Secretary of the Navy be directed to lay before the Senate the plan and estimate for a permanent wharf at Pensacola navy yard, as designed by James Herron, civil engineer, and approved by the naval commandant of the station, acting under the instructions of the Navy Department.

Resolved , That the Secretary of the Navy transmit to the Senate a plan of a dock, marine railway, or other suitable work, to be prepared by a competent civil engineer, as shall be, in the opinion of said engineer, best adapted to the locality, and afford the greatest facilities for the construction and thorough repair of ships of war, at the navy yard at Pensacola, accompanied by an estimate of the probable cost of constructing such work in the most permanent manner.

Mr. Barrow, by unanimous consent, asked and obtained leave to bring in a joint resolution (S. 1) to provide for the examination and survey of the mouth of Red river; which was read, and passed to the second reading.

Agreeably to notice, Mr. Bates asked and obtained leave to bring in a bill (S. 3) for the relief of Henry Newman; which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Bates asked and obtained leave to bring in a bill (S. 4) to refund the balance due to the State of Massachusetts; which was read the first and second times by unanimous consent, and referred to the Committee on Military Affairs.

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

Mr. President: I am directed to communicate to the Senate information of the death of the honorable Barker Burnell, a member elect of the House from the Commonwealth of Massachusetts, and the proceedings of the House of Representatives thereon.

Mr. Bates submitted the following resolutions, which were considered by unanimous consent, and agreed to:

Resolved , That the Senate has received with deep sensibility the communication from the House of Representatives announcing the death of the honorable Barker Burnell, of Massachusetts, who was a member of the last Congress, and at the time of his death a member elect of the present Congress.

Resolved , That, in token of sincere respect for the memory of the deceased, 0033 33 the Senate and its officers will wear crape upon the left arm, in mourning, for thirty days.

On motion by Mr. Bates,

The Senate adjourned.

FRIDAY, December 15, 1843. Link to Annals.

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

To the Senate of the United States:

In compliance with a resolution of the Senate of the 23d February last I herewith transmit a letter from the Secretary of the Navy, with the accompanying catalogue of books.

JOHN TYLER.

Washington , December 12, 1843.

The message was read.

Ordered , That it lie on the table.

Mr. Barrow presented the memorial of citizens of the State of Louisiana, praying the re-establishment of the 2d regiment of dragoons; which was referred to the Committee on Military Affairs.

Mr. Choate presented the memorial of certain American publishers and booksellers, praying the passage of an international copyright law; which was referred to the Committee on the Judiciary.

On motion, by Mr. Choate, that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

Mr. Choate presented the petition of Mary J. Babbit, widow of a deceased naval surgeon, praying a pension; which was referred to the Committee on Naval Affairs.

Mr. Choate presented the memorial of G. F. Pearson, a commander in the navy, praying the rank to which he claims to be entitled, agreeably to his examination for promotion; which was referred to the Committee on Naval Affairs.

Mr. Choate presented a memorial of citizens of the Commonwealth of Massachusetts, praying indemnity for French spoliations prior to 1800; which was referred to the Committee on Foreign Relations.

Mr. Choate presented the memorial of the administrator of Crowell Hatch, deceased, praying indemnity for French spoliations prior to 1800; which was referred to the Committee on Foreign Relations.

Mr. Atchison presented the memorial of the General Assembly of the State of Missouri, praying the re-establishment of the 2d regiment of dragoons; which was referred to the Committee on Military Affairs.

Mr. Atchison presented the memorial of the General Assembly of the State of Missouri, praying that the authorities of Cooper county, in that State, may be authorized to locate other lands, in lieu of the school lands of which that county has been deprived by claimants under the preemption laws; which was referred to the Committee on Public Lands.

Mr. Atchison presented the memorial of the General Assembly of the State of Missouri, praying the establishment of an additional military post on the western frontier of that State, for the protection of the inhabitants 3 0034 34 against Indian depredations; which was referred to the Committee on Military Affairs.

Mr. Atchison presented the memorial of the General Assembly of the State of Missouri, praying an appropriation for removing obstructions to the navigation of the Western rivers; which was referred to the Committee on Commerce.

Mr. Atchison presented the memorial of the General Assembly of the State of Missouri, praying the establishment of agencies in that State for the purchase of water-rotted hemp for the use of the navy; which was referred to the Committee on Naval Affairs.

Mr. Atchison presented an act passed by the General Assembly of the State of Missouri, entitled “An act respecting the northern boundary line of the State of Missouri;” which was referred to the Committee on the Judiciary.

Mr. Walker presented the memorial of the heir of Henry De la Francia, praying compensation for arms furnished the conventional government of Florida, under a contract made in the year 1810; which was referred to the Committee on Military Affairs.

Mr. Fairfield submitted additional testimony in relation to the claim of Joseph Veazie to a pension, which, with the petition on the files of the Senate, was referred to the Committee on Pensions.

On motion by Mr. Choate,

Ordered , That the petition of Enoch Baldwin, on the files of the Senate, be referred to the Committee on Commerce; and that the petition of B. Adams & Co., on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Morehead,

Ordered , That the memorial of Francis A. Harrison, on the files of the Senate, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Woodbury,

Ordered , That the petition of David Currier, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Breese,

Ordered , That the memorial of the Legislature of the State of Illinois, on the files of the Senate, in relation to improving the navigation of the Western rivers, be referred to the Committee on Commerce.

On motion by Mr. Choate,

Ordered , That so much of the message of the President of the United States as relates to the Smithsonian bequest be referred to the Committee on the Library.

On motion by Mr. Bayard,

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

On motion by Mr. Morehead,

Ordered , That four hundred additional copies be printed of the document, accompanying the President's message, relating to the cultivation of hemp.

Agreeably to notice, Mr. Walker asked and obtained leave to bring in a bill (S. 5) to transfer to the State of Mississippi certain inundated lands, for the completion of a levee from the southern boundary of the State of Tennessee to the mouth of the river Yazoo; which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

0035 35

Agreeably to notice, Mr. Porter asked and obtained leave to bring in a bill (S. 6) to amend an act entitled “An act to establish the northern boundary line of the State of Ohio, and to provide for the admission of the State of Michigan into the Union, upon the conditions therein expressed,” approved June 15, 1836; which was read the first and second times by unanimous consent, and, with the papers on file, referred to the Committee on the Judiciary.

Agreeably to notice, Mr. Porter asked and obtained leave to bring in a bill (S. 7) relative to the office of surveyor general for the States of Ohio, Indiana, and Michigan; which was 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 inn bill (S. 8) 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; which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Huntington asked and obtained leave to bring in a bill (S. 9) relating to the appointment of the assistants to the Postmaster General of the United States; 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. Miller asked and obtained leave to bring in a bill (S. 10) providing for the insane asylum 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.

Agreeably to notice, Mr. Fulton asked and obtained leave to bring in bill (S. 11) allowing drawback upon foreign merchandise exported in the original packages to Chihuahua and Santa Fe, in Mexico; which was read the first and second times by unanimous consent, and referred to the Committee on Commerce.

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

Mr. President: I am directed to communicate to the Senate information of the death of John Millen, a Representative of the State of Georgia, and the proceedings of the House thereon.

On motion by Mr. Colquitt,

Resolved , That the Senate has heard the announcement of the death of Colonel John Millen, member elect from the State of Georgia, with feelings of deep sensibility.

Resolved , That, in testimony of respect for his memory, the members and officers wear crape on the left arm for the space of thirty days.

On motion by Mr. Berrien,

The Senate adjourned.

MONDAY, December 18, 1843. Link to Annals.

The President pro tempore laid before the Senate a report of the Secretary of War, made agreeably to law, exhibiting the expenses of the national armories, and the arms manufactured therein, from the 30th of September, 1842, to the close of the half fiscal year ending 30th June, 1848; which was read, and ordered to be printed.

0036 36

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

To the Senate of the United States:

I transmit that part of the information required by a resolution of the Senate of the 23d of February last, which has been prepared under the direction of the Secretary of War.

JOHN TYLER

Washington City , December 18, 1843.

The message was read.

Ordered , That it lie on the table.

Mr. Miller presented the memorial of the Orphan Asylum and Free Female School Society of Alexandria, in the District of Columbia, praying an act of incorporation, and a grant of lots within the city of Washington; which was referred to the Committee on the District of Columbia.

Mr. Miller presented the memorial of the Farmers and Mechanics' Bank of Georgetown, praying an extension of their charter; which was referred to the Committee on the District of Columbia.

Mr. Choate presented the petition of Jacob Mitchell, praying indemnity for French spoliations prior to the year 1800; also, the petition of citizens of Wellfleet, in the State of Massachusetts, praying the payment of the claim of Jacob Mitchell; which were referred to the Committee on Foreign Relations.

Mr. Atchison presented the petition of citizens of the town of Weston, in the State of Missouri, praying that pre-emption rights may be granted to claimants to town lots in that town; which was referred to the Committee on Public Lands.

Mr. Bagby presented the petition of Peyton King, praying that a patent may be issued to the heirs of William B. Finley for a tract of land purchased from an original settler; which was referred to the Committee on Public Lands.

Mr. Huger presented the petition of John Fraser and George Trenholm, of Charleston, South Carolina, praying the repayment of a forfeiture which they had incurred by an unintentional violation of the revenue laws; which was referred to the Committee on Finance.

Mr. Huger presented the petition of the heirs and representatives of Elihu Hall Bay, praying the confirmation of their title to certain lands in Louisiana, Mississippi, and Florida; which was referred to the Committee on Private Land Claims.

Mr. Huger presented the petition of the vestry and churchwardens of the Protestant Episcopal church of the parish of St. Philip, in Charleston, South Carolina, praying a remission of the duties on an organ imported for the use of their church; which was referred to the Committee on Finance.

On motion by Mr. Miller,

Ordered , That the memorial of the president and directors of the Georgetown College, in the District of Columbia, on the files of the Senate, be referred to the Committee on the District of Columbia.

On motion by Mr. Huntington,

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

0037 37

On motion by Mr. Woodbridge,

Ordered , That the petition of Aaron Weeks, on the files of the Senate, be referred to the Committee on the Judiciary; and that the petitions of Joseph Campau, on the files of the Senate, be referred to the Committee on Public Lands.

On motion by Mr. Choate,

Ordered , That the petition of Asa Andrews, and the petition of Henry Gardiner and others, directors of the New England Mississippi Land Company, on the files of the Senate, be severally referred to the Committee on the Judiciary.

On motion by Mr. Henderson,

Ordered , That the memorial of a number of citizens of the State of Mississippi, on the files of the Senate, praying the establishment of a lighthouse on Deer island, be referred to the Committee on Commerce.

On motion by Mr. Archer,

Ordered , That the heirs of George Mayo have leave to withdraw their petition and papers.

On motion by Mr. White,

Ordered , That the executrix of William D. Cheever have leave to withdraw her petition and papers.

Mr. Woodbury submitted the following resolution for consideration:

Resolved , That the Secretary of the Treasury report to the Senate the value of the imports of the year preceding the 1st of October, 1843, distinguishing those free from the others; also, the value of exports during the same period, distinguishing those of domestic origin from the others; and where the returns are not complete for the last quarter, estimating the value as near as may be.

The Senate proceeded to consider the resolution submitted by Mr. Jarnagin the 11th instant, relative to the payments from the Treasury on certificates issued by commissioners under the Cherokee treaty of 1835; and,

On motion by Mr. Jarnagin,

Ordered , That it lie on the table.

The Senate proceeded to consider the resolution submitted by Mr. Breese the 14th instant, relative to sales of land in Illinois and Missouri; and,

On motion by Mr. Breese,

Ordered , That it lie on the table.

The Senate proceeded to consider the resolution submitted by Mr. Benton the 14th instant, on the subject of the “mountain howitzer;” and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Henderson the 14th instant, on the subject of certain funds arising from the sales of public lands within the State of Mississippi; and the resolution was agreed to.

Mr. Fairfield reported from the committee in favor of printing the memorial of a number of publishers and booksellers, Presented the 15th instant; and

Ordered , That the memorial be printed.

Mr. Fairfield, from the Committee on Printing, reported in favor of printing the report of the Secretary of the Navy, showing the contingent expenditures of the navy for one year, laid before the Senate the 11th instant; and

Ordered , That the report be printed.

0038 38

Mr. Bagby, agreeably to notice, asked and obtained leave to bring in a bill (S. 12) for the relief of C. E. Sherman; which was read the first and second times by unanimous consent, and, with the papers on file, referred to the Committee on Naval Affairs.

Mr. King, agreeably to notice, asked and obtained leave to bring in a bill (S. 13) for the relief of Caroline E. Clitherall, widow of Doctor George C. Clitherall, late a surgeon in the army of the United States; which was read the first and second times by unanimous consent, and referred to the Committee on Military Affairs, together with the papers on file.

Mr. Barrow, agreeably to notice, asked and obtained leave to bring in a bill (S. 14) to provide for the improvement of the navigation of the Mississippi river and its tributaries; which was read the first and second times by unanimous consent, and referred to the Committee on Commerce.

Mr. Miller, agreeably to notice, asked and obtained leave to bring in a bill (S. 15) for repaving and repairing a portion of Pennsylvania avenue; which was read the first and second times by unanimous consent, and referred to the Committee on the District of Columbia.

Mr. Dayton, from the Committee on the Judiciary, to whom the subject was referred, reported a bill (S. 16) to settle the title to the Pea Patch island, in the river Delaware; which was read, and passed to the second reading.

After the consideration of Executive business,

The Senate adjourned.

TUESDAY, December 19, 1843. Link to Annals.

Mr. Woodbridge presented a memorial of citizens of Macomb county, in the State of Michigan, praying the establishment of a mail route from Mount Clemens to Romeo, in that State; which was referred to the Committee on the Post Office and Post Roads.

Mr. Miller presented the memorial of the president and directors of the Patriotic Bank of Washington, praying an extension of their charter; which was referred to the Committee on the District of Columbia.

Mr. Merrick presented the memorial of the workmen lately suspended from employment at the navy yard at Washington, praying that an appropriation may be made to authorize the early recommencement of the public works at the several navy yards of the United States, which have been suspended in consequence of the expenditure of former appropriations; which was referred to the Committee on Finance.

Mr. Berrien presented the memorial of James McIntosh, a commander in the United States navy, praying compensation for performing duties appertaining to officers of higher grade while attached to the West India station; which was referred to the Committee on Naval Affairs.

Mr. Crittenden presented the petition of Elizabeth Young, widow of a deceased revolutionary soldier, praying a pension; which was referred to the Committee on Pensions.

On motion by Mr. Crittenden,

Ordered , That the administrator of William H. Hunter have leave to withdraw his petition and papers.

The Senate proceeded to consider the resolution submitted yesterday by Mr. Woodbury, in relation to the value of the importations into the United 0039 39 States and of the exportations from the United States for the year preceding the 1st of October, 1843; and the resolution was agreed to.

The resolution (S. 1) to provide for the examination and survey of the mouth of Red river was read the second time.

On motion by Mr. Barrow,

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

Mr. Woodbridge, agreeably to notice, asked and obtained leave to bring in a bill (S. 17) to apply certain alternate sections of the public domain toward the completion of works of internal improvement 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.

Mr. Foster, agreeably to notice, asked and obtained leave to bring in a bill (S. 18) to establish a navy yard and depot at or adjacent to the city of Memphis, on the Mississippi river, in the State of Tennessee; which was read the first and second times by unanimous consent, and referred to the Committee on Naval Affairs.

Mr. McDuffie, agreeably to notice, asked and obtained leave to bring in a bill (S. 19) to revive the act of the 3d of March, 1833, usually called the “compromise act,” and to modify the existing duties upon foreign imports, in conformity to its provisions; which was read the first and second times by unanimous consent, and referred to the Committee on Finance.

Mr. Barrow, agreeably to notice, asked and obtained leave to bring in a bill (S. 20) to provide for the adjustment of land claims within the States of Louisiana, Mississippi, Alabama, and Arkansas, and for other purposes; which was read the first and second times by unanimous consent, and referred to the Committee on Private Land Claims.

Mr. Walker, agreeably to notice, asked and obtained leave to bring in a bill (S. 20) authorizing the relinquishment of the sixteenth sections granted for the use of schools, and the entry of other lands in lieu thereof; which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

After the consideration of Executive business,

The Senate adjourned.

WEDNESDAY, December 20, 1843. Link to Annals.

The President pro tempore laid before the Senate a report of the Secretary of State, made agreeably to law, accompanied by an account of such changes and modifications in the commercial systems of other nations, by treaties, duties on imports, and other regulations, as have come to the knowledge of the department since the last annual report; which was read.

On motion, by Mr. Evans, that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

Mr. Huntington presented the memorial of Henry W. Edwards and others, citizens of the State of Connecticut, praying indemnity for French spoliations prior to 1800; which was referred to the Committee on Foreign Relations.

Mr. Fairfield presented the memorial of Thomas Cutts and others, praying indemnity for French spoliations prior to 1800; which was referred to the Committee on Foreign Relations.

0040 40

Mr. Miller presented the memorial of the president and directors of the Bank of Washington, in the city of Washington, praying an extension of their charter; which was referred to the Committee on the District of Columbia.

Mr. Sturgeon presented the petition of John Washington, praying compensation for his services as a soldier, under General Harmar, in an expedition against the Indians in the year 1790; which was referred to the Committee on Revolutionary Claims.

Mr. Crittenden presented the petition of George Harrison, late a pay-master in the United States army, praying to be released from liability on account of overpayments made to the troops, and to be allowed a commission on his disbursements; which was referred to the Committee of Claims.

Mr. Barrow presented a resolution passed by the General Assembly of the State of Louisiana, requesting the Senators and Representatives of that State in Congress to use their efforts for the re-establishment of the 2d regiment of dragoons; which was referred to the Committee on Military Affairs.

Mr. Barrow presented a resolution passed by the General Assembly of the State of Louisiana, requesting the Senators and Representatives of that State in Congress to use their exertions to procure the enactment of a law refunding to General Andrew Jackson the fine imposed on him by Judge Hall in the year 1815; which was referred to the Committee on the Judiciary.

Mr. Barrow presented a preamble and resolution passed by the General Assembly of the State of Louisiana, requesting the Senators and Representatives of that State in Congress to use their exertions to procure an appropriation for removing the obstruction at the mouth of the Red river; which were referred to the Committee on Commerce.

Mr. Barrow presented a resolution passed by the General Assembly of the State of Louisiana, requesting the Senators and Representatives of that State in Congress to use their exertions for the adoption of measures to reduce the expenses of litigation in the courts of the United States in that State; which was referred to the Committee on the Judiciary.

On motion by Mr. Woodbury,

Ordered , That the petitions of William A. Weaver and the petition of James Rundlett, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Breese,

Ordered , That the petition of citizens of Racine, Wisconsin Territory, on the files of the Senate, in relation to the establishment of a mail route from Chicago to Burlington, be referred to the Committee on the Post Office and Post Roads.

Mr. Breese submitted the following resolution for consideration:

Resolved , That the Secretary of War be instructed to inform the Senate how many leases have been executed by the United States agent for the lead mines in Illinois and Wisconsin, from the 4th of March, 1837, to the 4th of March, 1841, and how many since that time to the present time, of the mineral lands therein; of the number, names, duties, and salaries, or other compensation, of the agents employed by him in leasing said lands and collecting the rents thereof; the amount of rent collected from the 4th 0041 41 of March, 1841, up to the time of the last returns; what quantity of land has been leased, and how many persons, as near as can be ascertained, are engaged in mining, in farming, or in mining and farming, in the same tract of land, in the so-called mineral land district of Illinois and Wisconsin; and, further, to report to the Senate if any difficulty has occurred, and what, in leasing said lands, or any part thereof, and in collecting the rents stipulated therefor.

Mr. Benton submitted the following resolution for consideration:

Resolved , That the Committee on Naval Affairs be directed to inquire into the expediency of establishing a manufactory on the Mississippi river for the purchase and manufacture of domestic hemp, for the use of the United States navy.

The Senate resumed the consideration of the resolution submitted by Mr. Jarnagin the 11th instant, in relation to certificates issued by commissioners under the treaty with the Cherokee Indians; which was modified, on the motion of Mr. Jarnagin, and agreed to, as follows:

Resolved , That the Secretary of War be directed to communicate to the Senate answers to the following inquiries:

1. Was the board of commissioners authorized and provided for by the 17th article of the Cherokee treaty of 1835–'36 dissolved in the spring of 1839, by order of the War Department, or did it adjourn, having completed the business of the commission? Was it reorganized in September, 1842, and at whose instance? Where has it held its sessions, and how long at each respective place? How many persons have composed and been attached to said board, and what has been the expense of said board, including salaries and other incidental charges? What was the cost to the Government of the former board, and how long was it in session? What were the instructions given by the War Department to the new board, at and after its organization, as to its business and jurisdiction?

2. When the board was first organized, in the year 1836, were not the funds appropriated to pay the claims adjudicated placed in the hands of a disbursing officer, with instructions to pay upon the certificates issued by the board, and were not payments so made in every instance?

3. What amount of certificates were issued by the old board, and paid by the disbursing officers of the Government? Were any of its awards or decrees reversed or modified by the Secretary of War or other officer?

4. Since the reorganization of the Cherokee board, in September, 1842, have the certificates issued by the commissioners, or their decrees, been paid, as were the certificates issued by the former board; and does an order now exist in the War Department, that the certificates issued by the commissioners must be submitted to the Secretary of War, for allowance or rejection; and if any portion be allowed, it must be paid upon a separate requisition issued by him in each case? If this be so, the Secretary will communicate to the Senate the law or authority by which this power is conferred upon his department.

5. What amount of claims was adjudicated and paid by the former and what amount has been adjudicated by the board now in existence? What number and amount of awards made by the latter have been allowed and paid by the department, and what number have been disallowed or suspended?

The Senate proceeded to consider the resolution submitted by Mr. Jarnagin the 11th instant, in relation to moneys paid on certificates issued by 0042 42 the commissioners under the treaty with the Cherokee Indians; and the resolution was agreed to.

Agreeably to notice, Mr. Breese asked and obtained leave to bring in a bill (S. 22) for the relief of Pierre Menard and the legal representatives of Antoine Peltier and Joseph Placy; which was read the first and second times by unanimous consent, and referred to the Committee on Revolutionary Claims.

Mr. Huntington, from the Committee on Commerce, to whom was referred the petition of Enoch Baldwin, submitted a report, accompanied by the following resolution:

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

Ordered , That the report be printed.

On motion by Mr. Huntington,

The Senate adjourned.

THURSDAY, December 21, 1843. Link to Annals.

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

Washington , December 20, 1843.

Sir : In further compliance with the resolution of the Senate of the 23d of February, 1843, I herewith transmit a report from the Attorney General.

JOHN TYLER.

To the President of the Senate .

Mr. Woodbridge presented the memorial of John McDonnell, a merchant in Detroit, in Michigan, praying the repayment of duties illegally exacted on certain goods whilst on their transportation from the city of New York to Detroit; which was referred to the Committee on Finance.

Mr. Buchanan presented the memorial of underwriters, merchants, and others, citizens of Philadelphia, praying an appropriation for the repair of the piers at Port Penn, at the mouth of the Delaware river; which was referred to the Committee on Commerce.

Mr. Fairfield presented the petition of George W. Cummings, a soldier in the last war with Great Britain, praying a pension; which was referred to the Committee on Pensions.

Mr. Rives presented the memorial of George Taylor, praying indemnity for French spoliations prior to 1800; which was referred to the Committee on Foreign Relations.

On motion by Mr. White,

Ordered , That the petition of Young, Bryan, & Young, on the files of the Senate, be referred to the Committee on Indian Affairs.

On motion by Mr. Bayard,

Ordered , That the memorial of George F. Pearson, presented the 15th instant, be transferred from the Legislative to the Executive Journal of the Senate.

On motion by Mr. Foster,

Ordered , That the Committee of Claims be discharged from the further consideration of the memorial of B. Adams and others, and that it be referred to the Committee on Finance.

0043 43

Mr. Atchison, agreeably to notice, asked and obtained leave to bring in a bill (S. 23) to facilitate and encourage the settlement of the Territory of Oregon; which was read the first and second times by unanimous consent.

On motion by Mr. Atchison,

Ordered , That it be referred to a select committee, consisting of five members, to be appointed by the President pro tempore; and

Mr. Atchison, Mr. Walker, Mr. Sevier, Mr. Bagby, and Mr. Phelps, were accordingly appointed.

Mr. Jarnagin, from the Committee on Revolutionary Claims, to whom was referred the petition of Eneas Munson, reported a bill (S. 24) for his relief; which was read, and passed to the second reading.

The Senate proceeded to consider the resolution submitted by Mr. Benton the 20th instant, relating to a manufactory for the purchase and manufacture of hemp on the Mississippi river; and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Breese the 20th instant, on the subject of the lead mine lands in Illinois and Wisconsin; and the resolution was agreed to.

The bill (S. 16) to settle the title to the Pea Patch island, in the river Delaware, 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.

After the consideration of Executive business,

The Senate adjourned.

FRIDAY, December 22, 1843. Link to Annals.

Mr. Benton presented a memorial of citizens of St. Louis, Missouri, praying the adoption of measures for marking and establishing the boundaries of the Oregon Territory; which was referred to the Select Committee on the Oregon Territory.

Mr. Atchison presented a memorial of citizens of the United States, praying the adoption of measures for marking and establishing the boundaries of the Oregon Territory; which was referred to the Select Committee on the Oregon Territory.

Mr. Jarnagin presented a preamble and resolutions passed by the General Assembly of the State of Tennessee, requesting the Senators and Representatives of that State in Congress to use their exertions to effect the revocation of an army order affecting the rank and emoluments of Major General Gaines, issued in the month of July, 1842.

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

On motion by Mr. Crittenden,

Ordered , That the petition of Mary A. E. Zantzinger, on the files of the Senate, be referred to the Committee on Military Affairs.

Mr. Barrow submitted the following resolution for consideration:

Resolved , That the President be requested to communicate to the Senate, so far as in his judgment the same may be done without prejudice to the public interests, such information as he may possess relating to claims of citizens of the United States upon the Republic of Mexico, and the correspondence which may have occurred in reference to the same.

Mr. Benton submitted the following resolution for considerations:

Resolved , That the President of the United States be requested to communicate 0044 44 to the Senate a copy of the proceedings of the court martial in the case of Second Lieutenant D. C. Buell, third infantry, and of all orders and papers in relation thereto, from the original order for assembling the court to the final order for the dispersion of its members.

Mr. Crittenden, from the Committee on Military Affairs, to whom was referred the bill (S. 4) to refund the balance due to the State of Massachusetts, reported it without amendment.

Mr. Berrien, from the Committee on the Judiciary, to whom was referred the petition of Isaac Ilsley, submitted a report, accompanied by a bill (S. 25) for his relief; which was read, and passed to a second reading.

Ordered , That the report be printed.

Mr. Fairfield, from the Committee on Printing, reported in favor of printing the report of the Secretary of State in relation to changes and modifications in the commercial systems of foreign countries; and the report was concurred in.

The bill (S. 24) for the relief of Eneas Munson was read the second time, and considered as in Committee of the Whole.

On motion by Mr. Jarnagin,

Ordered , That it lie on the table.

On motion by Mr. Barrow,

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

After the consideration of Executive business,

The Senate adjourned.

TUESDAY, December 26, 1843. Link to Annals.

The President pro tempore presented a preamble and resolution passed by the common council of the city of Alexandria, in the District of Columbia, urging the expediency of renewing the charters of the several banks in that place; which were referred to the Committee on the District of Columbia, and ordered to be printed.

Mr. Tallmadge presented a memorial of citizens of Wisconsin Territory, praying an appropriation of land or money to improve the navigation of the Neenah and Wisconsin rivers, and to connect those rivers by a canal; which was referred to the Committee on Public Lands.

Mr. Tallmadge presented a memorial of citizens of Wisconsin Territory, praying the construction of a road from Sheboygan to Taycheedah, in that Territory; which was referred to the Committee on Public Lands.

Mr. Huntington presented a memorial of citizens of the State of Connecticut, praying a grant of public land for the completion of the Wabash and Erie canal; which was referred to the Committee on Public Lands.

Mr. Huntington presented the petition of Sarah Coit, widow of a deceased revolutionary soldier, praying a pension; which was referred to the Committee on Pensions.

Mr. Woodbridge presented proceedings of a meeting of citizens of New Buffalo, in the State of Michigan, recommending an appropriation for the construction of a harbor at that place; which were referred to the Committee on Commerce.

Mr. Fairfield presented the petition of Edward Kennard, praying the repayment of a fine imposed on him for an alleged unintentional violation of the revenue laws; which was referred to the Committee on Commerce.

0045 45

Mr. Fairfield presented the memorial of Edward E. Bourne and others, citizens of Kennebunk, Maine, praying indemnity for French spoliations prior to 1800; which was referred to the Committee on Foreign Relations.

Mr. Foster presented the petition of Joel M. Smith, praying compensation for services as pension agent at Nashville, Tennessee; which was referred to the Committee on Pensions.

Mr. Semple presented the petition of John Dawson, praying compensation for services as pension agent for the State of Illinois; which was referred to the Committee on Pensions.

Mr. Wright presented a petition of citizens of Brookfield, in the State of New York, praying that John Keith, a revolutionary soldier, may be allowed a pension; which was referred to the Committee on Pensions.

Mr. Wright presented the petition of masters and owners of vessels in the city of Albany, New York, praying the enactment of a law for the better security of hospital money in the hands of collectors of the revenue; which was referred to the Committee on Commerce.

Mr. Berrien presented the memorial of the mayor and aldermen of the city of Savannah, in the State of Georgia, praying the removal of obstructions to the navigation of the Savannah river; which was referred to the Committee on Commerce.

Mr. Berrien presented a joint memorial of the Port Society of Savannah and the corporate authorities of that city, praying a grant of a portion of the land on which old Fort Wayne was located, for the purpose of constructing a sailors' home; which was referred to the Committee on Military Affairs.

Mr. Tappan presented the memorial of the Chamber of Commerce of Cincinnati, Ohio, praying an appropriation for constructing a wire suspension bridge across the Ohio river, at its intersection with the National road; which was referred to the Committee on Roads and Canals.

Mr. Benton presented the memorial of the corporate authorities of the city of St. Louis, Missouri, praying an appropriation for the preservation of the harbor of St. Louis; which was referred to the Committee on Commerce.

Mr. Sprague presented a memorial of Philip Allen and others, citizens of Rhode Island, praying indemnity for French spoliations prior to 1800; which was referred to the Committee on Foreign Relations.

Mr. King presented a memorial of the president and directors of the Bank of Potomac, and a memorial of the president and directors of the Farmers' Bank of Alexandria, praying an extension of their respective charters; which was referred to the Committee on the District of Columbia.

On motion by Mr. Tallmadge,

Ordered , That the memorials on the files of the Senate relating to the improvement of the Neenah and Wisconsin rivers be referred to the Committee on Commerce.

On motion by Mr. Henderson,

Ordered , That the memorial of the Legislature of the State of Mississippi, on the files of the Senate, praying the erection of a light-house on St. Joseph's island, be referred to the Committee on Commerce.

On motion by Mr. Atchison,

Ordered , That the petition of Jacques Ben and Alexander Coleman, on the files of the Senate, be referred to the Committee on Public Lands.

0046 46

On motion by Mr. Archer,

Ordered , That the petition of the president and visiters of the Virginia institution for the education of deaf and dumb and blind, on the files of the Senate, be referred to the Committee on Public Lands.

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

Resolved , That the Committee on the Judiciary be instructed to require into the expediency of making an appropriation for the construction of a building in the city of Mobile for the accommodation of the district court, or for the repair of the room connected with the custom-house, heretofore used for that purpose.

On motion by Mr. King,

Ordered , That the papers on the files of the Senate, relating to the subject, be referred to the Committee on the Judiciary.

Mr. Allen submitted the following resolution for consideration:

Resolved , That the 40th rule for conducting business in the Senate, and which requires the Senate to close its doors when transacting Executive business, be rescinded; and the Senate shall hereafter sit with open doors when transacting all business, except when acting upon treaties, and then the Senate shall sit with closed doors, as hitherto, under the 40th rule.

Mr. Walker submitted the following resolution for consideration:

Resolved , That the President of the United States be requested to cause to be communicated to the Senate, at as early a period as practicable, a statement of the expenditures of the Government each year, from its organization up to the present period, and where and for what purpose these expenditures were made.

Mr. Porter, of Michigan, submitted the following resolution for consideration:

Resolved , That the Secretary of War be requested to send to the Senate any estimates, which may be in the possession of the department, of the cost of connecting Lakes Huron and Superior, by means of a canal around the falls of St. Mary's, adapted to navigation by steam vessels.

Mr. Breese submitted the following resolution for consideration:

Resolved , That the Secretary of the Treasury be instructed to inform the Senate how many suits have been instituted by the United States against citizens of Illinois and Wisconsin, since the 4th day of March, 1841, for alleged trespasses upon the public lands; the final decision in each case; the amount of recovery of damages, if any, against the defendants, with the costs taxed against them, severally, and the kind of trespass for which they were prosecuted; and, if any such cases have been determined against the United States, the amount of costs in each case so determined, and how many such suits are now pending in said court.

The resolution submitted by Mr. Barrow the 22d instant, in relation to the claims of citizens of the United States on the Republic of Mexico, was considered and agreed to.

The resolution submitted by Mr. Benton the 22d instant, in relation to the proceedings of a court martial on Lieutenant Buell, was considered and agreed to.

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

Mr. President: The House of Representatives have appointed Mr. 0047 47 Sykes and Mr. Albert Smith the Committee on Enrolled Bills on the part of that House.

The Senate proceeded to consider the report of the Committee on Commerce on the petition of Enoch Baldwin; and,

On motion by Mr. Huntington,

Ordered , That it lie on the table.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 4) to refund the balance due to the State of Massachusetts; and,

On motion by Mr. Bates,

Ordered , That it lie on the table.

The bill (S. 25) for the relief of Isaac Ilsley was read the second time, and considered as in Committee of the Whole; and, after debate,

On motion by Mr. Evans,

Ordered , That it be postponed to and made the order of the day for Tuesday, the 2d of January.

After the consideration of Executive business,

The Senate adjourned.

WEDNESDAY, December 27, 1843. Link to Annals.

The President pro tempore laid before the Senate a report of the Secretary of War, made in compliance with a resolution of the Senate of 2d March last, in relation to the claim of the first Cherokee settlers west of Arkansas to the exclusive ownership of the land now held by the whole Cherokee tribe, not including the land added under the treaty of 1835; which was read.

On motion by Mr. King,

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

Mr. Tallmadge presented a memorial of citizens of Wisconsin Territory, praying an appropriation of land or money for the improvement of the navigation of the Neenah and Wisconsin rivers, and the construction of a canal to connect those rivers; which was referred to the Committee on Public Lands.

Mr. Evans presented the petition of Nicholas Thomas, praying to be allowed the pension due to his late father for services as a soldier in the revolutionary army; which was referred to the Committee on Pensions.

Mr. Breese presented the memorial of the Great Western Railway Company, praying the right of pre-emption to a portion of the public lands on which their road is to be constructed; which was referred to the Committee on Public Lands.

On motion, by Mr. Breese, that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

Mr. Wright presented the memorial of the Tonawanda Railroad Company, in the State of New York, praying an extension of the law exempting railroad iron from the payment of duties; which was referred to the Committee on Finance.

On motion, by Mr. Wright, that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

Mr. Woodbury presented the petition of Jacob M. Follansbee, a soldier in the last war with Great Britain, praying to be allowed arrears of pension; which was referred to the Committee on Pensions.

Mr. Semple presented the petition of the heirs-at-law of Erastus Brown, 0048 48 deceased, praying that patents may be issued for lands held by them as assignees of certain soldiers in the last war with Great Britain; which was referred to the Committee on Private Land Claims.

On motion by Mr. Woodbury,

Ordered , That the petition of Malachi Hagan, on the files of the Senate, be referred to the Committee of 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.

Agreeably to notice, Mr. Breese asked and obtained leave to bring in a bill (S. 26) authorizing persons to whom reservations of land have been or shall be made, under Indian treaties, to alienate the same in fee; which was read the first and second times by unanimous consent, and referred to the Committee on Indian Affairs.

The resolution submitted by Mr. Walker the 26th instant, in relation to the expenditures of the Government, was considered, and agreed to.

The resolution submitted by Mr. Porter, of Michigan, the 26th instant, in relation to the estimated cost of a canal around the falls of St. Mary's, was considered, and agreed to.

The resolution submitted by Mr. Breese the 26th instant, relating to suits for trespasses on lands in Illinois and Wisconsin, was considered, and agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Allen the 26th instant, to amend the 40th rule of the Senate; and,

On motion by Mr. Allen,

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

On motion by Mr. Bates,

The Senate adjourned.

THURSDAY, December 28, 1843. Link to Annals.

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

To the Senate of the United States:

I transmit, herewith, a communication from the War Department, containing all the information and correspondence in that department “on the subject of the ‘mountain howitzer’ taken by Lieutenant Fremont on the expedition to the Oregon,” as requested by the resolution of the Senate of the 18th instant.

JOHN TYLER.

Washington , December 26, 1843.

The message was read.

Ordered , That it lie on the table.

On motion, by Mr. Benton, that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

The President pro tempore laid before the Senate a report of the Secretary of the Treasury, communicating the annual report of the Commissioner of the General Land Office; which was read.

Ordered , That it lie on the table.

0049 49

On motion, by Mr. Huntington, that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

Mr. Morehead presented a memorial and resolution of the General Assembly of the Commonwealth of Kentucky, recommending that provision be made for compensating the children of Christopher Miller, deceased, for his services in effecting a peace with the hostile Indians in the year 1794, while serving as a spy in Wayne's army; which were referred to the Committee on Revolutionary Claims.

Mr. Morehead presented the memorial of the widow of Alexander Scott, deceased, praying the reimbursement of the extraordinary expenses to which her husband was subjected while acting as diplomatic agent of the United States at the Republic of Venezuela in the year 1811; which was referred to the Committee on Foreign Relations.

Mr. King presented a preamble and resolution passed by the General Assembly of the State of Alabama, instructing the Senators and requesting the Representatives of that State in Congress to use their exertions to procure a modification of the rates of postage, so that they shall conform to the national currency; which were referred to the Committee on the Post Office and Post Roads.

On motion by Mr. King,

Ordered , That all petitions from the State of Alabama, on the files of the Senate, relating to the rates of postage, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Rives,

Ordered , That the petition of the heir of Philip Barbour, on the files of the Senate, be referred to the Committee on Private Land Claims.

On motion by Mr. Benton,

Ordered , That the petition of the heirs of William Eaton, on the files of the Senate, be referred to the Committee of Claims.

Mr. Fairfield, from the Committee on Printing, reported in favor of printing the memorial of the Tonawanda Railroad Company of New York, and the memorial of the Great Western Railway Company of Illinois; and the report was concurred in.

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

Mr. President: The House of Representatives have appointed Mr. William J. Brown on the Committee on Enrolled Bills, in the place of Mr. Albert Smith, excused.

Mr. Allen submitted the following resolution for consideration:

Resolved , That the President be requested to lay before the Senate, if in his judgment that may be done without prejudice to the public interests, a copy of any instructions which may have been given by the Executive to the American minister in England, on the subject of the title to and occupation of the Territory of Oregon, since the 4th day of March, 1841; also, a copy of any correspondence which may have passed between this Government and that of Great Britain in relation to that subject since that time.

Agreeably to notice, Mr. Atchison asked and obtained leave to bring in a bill (S. 27) to establish a government for the Territory of Oregon; which was read the first and second times by unanimous consent, and referred to the Select Committee on the Oregon Territory.

Agreeably to notice, Mr. Bagby asked and obtained leave to bring in a 4 0050 50 bill (S. 28) for the relief of George S. Gaines; which was read the first and second times by unanimous consent, and referred to the Committee on Indian Affairs.

Mr. Bagby presented the petition of George S. Gaines, praying an adequate compensation for his trouble and risk as conductor of the Choctaw Indians; which was referred to the Committee on Indian Affairs.

After the consideration of Executive business,

The Senate adjourned.

FRIDAY, December 29, 1843. Link to Annals.

The President pro tempore laid before the Senate a report of the Secretary of War, made in compliance with a resolution of the Senate of the 21st instant, in relation to leases of lead mines in Illinois and Wisconsin; the names, duties, and compensation of agents employed in leasing the mines and collecting the rents; and the number of persons engaged in mining and farming the mineral district of Illinois and Wisconsin; which was read.

Ordered , That it lie on the table.

Mr. Wright presented the petition of James Wilson, employed as keeper of the western gate of the Capitol square, praying an increase of compensation; which was referred to the Committee to Audit and Control the Contingent Expenses of the Senate.

Mr. Evans presented the petition of John Millikin, praying indemnity for French spoliations prior to 1800; which was referred to the Committee on Foreign Relations.

Mr. Crittenden presented a preamble and resolutions passed by the General Assembly of the Commonwealth of Kentucky, requesting the Senators and Representatives from that Commonwealth in Congress to use their exertions to procure the establishment of a manufactory of hempen cordage for the use of the United States navy, at some suitable point in Kentucky; which were referred to the Committee on Naval Affairs, and ordered to be printed.

Mr. Benton presented a memorial signed by captains of steamboats navigating the Ohio and Mississippi rivers, praying the construction of a canal around the fails of the Ohio river; which was referred to the Committee on Roads and Canals.

On motion, by Mr. Benton, that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

Mr. Fulton presented the petition of citizens of Marion, Fulton, and Izard counties, in Arkansas, praying the establishment of a post route from Izard Court House, in Arkansas, to Springfield, in Missouri; which was referred to the Committee on the Post Office and Post Roads.

Mr. Fulton submitted additional documents in relation to the claim of Benjamin Crawford, which, with his petition on the files of the Senate, were referred to the Committee on Indian Affairs.

Mr. Allen presented a memorial of the Chamber of Commerce of the city of Cincinnati, praying a reduction of the postage on letters and a restriction of the franking privilege; which was referred to the Committee on the Post Office and Post Roads.

Mr. Allen presented seven memorials from citizens of the State of Ohio, praying the adoption of measures for the immediate occupation and settlement 0051 51 of the Oregon Territory; which were referred to the Select Committee on the Oregon Territory.

Mr. Sturgeon presented a petition of citizens of Erie, Pennsylvania, praying an appropriation for completing the harbor at that place; which was referred to the Committee on Commerce.

On motion by Mr. Wright,

Ordered , That the petition of Daniel G. Skinner, on the files of the Senate, be referred to the Committee of Claims.

On motion by Mr. Clayton,

Ordered , That the heirs of Francis Cazeau have leave to withdraw their petition and papers.

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

Resolved , That the Committee on Pensions be instructed to inquire into the expediency of providing by law for the more adequate compensation of pension agents.

Mr. Fairfield, from the Committee on Printing, reported in favor of printing the message from the President of the United States of the 28th instant, on the subject of the mountain howitzer; also, in favor of printing the report of the Secretary of the Treasury of the 28th instant, with the accompanying report of the Commissioner of the General Land Office; and the report was concurred in.

On motion by Mr. Woodbridge,

Ordered , That one thousand copies of the report of the Commissioner of the General Land Office, communicated the 28th instant, with the accompanying documents, in addition to the usual number, be printed for the use of the Senate.

The Senate proceeded to consider the resolution submitted by Mr. Allen the 28th instant, in relation to the Oregon Territory; and,

On motion by Mr. Archer,

Ordered , That the further consideration thereof be postponed until to-morrow.

On motion by Mr. Morehead,

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

After the consideration of Executive business,

The Senate adjourned.

TUESDAY, January 2, 1844. Link to Annals.

The President pro tempore laid before the Senate the credentials of the honorable James Alfred Pearce, chosen a Senator by the General Assembly of the State of Maryland for six years, commencing the 4th day of March, 1843; which were read.

Mr. Buchanan presented the memorial of Jonas Preston and others, citizens of the United States, who were taken prisoners by the enemy during the last war with Great Britain, and confined in the prison of Dartmoor, in England, praying relief; which was referred to the Committee on Naval Affairs.

Mr. Buchanan presented the memorial of John Ely and others, citizens of Philadelphia, praying indemnity for French spoliations prior to 1800; which was referred to the Committee on Foreign Relations.

Mr. Buchanan presented a memorial of citizens of Philadelphia, Pennsylvania, 0052 52 praying the revival of the act of March 3, 1837, to provide for the more equitable administration of the navy pension fund; which was referred to the Committee on Naval Affairs.

Mr. Buchanan presented a memorial of citizens of Delaware county, Pennsylvania, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Buchanan presented the memorial of Jonas Gleason, a manufacturer of hardware in Philadelphia, praying an increase of the duties on imported baking paris and frying pans; which was referred to the Committee on Manufactures.

Mr. Merrick presented a petition of citizens of Poughkeepsie, New York, praying a reduction of the rates of postage and a restriction of the franking privilege; which was referred to the Committee on the Post Office and Post Roads.

Mr. Merrick presented a memorial of citizens of Baltimore, Maryland, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Phelps presented the petition of John P. Skinner and the executors of Isaac Green, praying the repayment of a sum of money paid on account of a judgment obtained against them as sureties of Thomas Emerson, late pension agent for the State of Vermont; which was referred to the Committee on the Judiciary.

Mr. Rives presented a petition of citizens of Hampshire county, Virginia, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Hannegan presented the petition of Jacob Olinger, a revolutionary soldier, praying a pension; which was referred to the Committee on Pensions.

Mr. Hannegan presented a petition of citizens of the State of Indiana, praying a grant of a quarter section of land to Simon Kenton, a soldier in the last war with Great Britain; which was referred to the Committee on Pensions.

Mr. Woodbridge presented a memorial of citizens of the State of Michigan, praying a grant of land for the construction of a canal around the falls of the river St. Mary; which was referred to the Committee on Roads and Canals.

Mr. Sturgeon presented the petition of citizens of the city and comity of Philadelphia, Pennsylvania, praying the revival of the act of 3d March, 1837, providing for the more equitable administration of the navy pension fund; which was referred to the Committee on Naval Affairs.

Mr. Sturgeon presented the petition of citizens of Erie, Pennsylvania, praying an appropriation for completing the harbor at that place; which was referred to the Committee on Commerce.

Mr. King presented the petition of George S. Gaines, late pension agent at Mobile, Alabama, praying compensation for his services and the reimbursement of certain expenses; which was referred to the Committee on Pensions.

On motion by Mr. Upham,

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. Upham,

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

0053 53

Mr. Hannegan submitted the following resolution for consideration:

Resolved , That the Secretary of War be requested to communicate to the Senate the present condition of the harbor at Michigan City, the amount heretofore expended on and the sum necessary to complete the works at that point, with such other information as he may have in relation thereto.

Mr. Woodbury submitted the following resolutions for consideration:

Resolved , That the Committee on Finance be instructed to inquire into the expediency of providing by law that the annual estimates from the different departments, which are laid before Congress by the Secretary of the Treasury, shall be accompanied by the written approval or disapproval of the President and all the heads of departments, as to their necessity and amount; and that no estimates for appropriations be at any time submitted to Congress, by any of the departments or bureaus, except such as, like the annual estimates, have first been laid before the Secretary of the Treasury, and are accompanied by a plan from him for means adequate to meet them.

Resolved , That the Committee on Finance be instructed to inquire into the expediency of prohibiting, by law, the allowance of any claim, except under a special act of Congress, by any of the departments or bureaus, which has once been rejected by the heads thereof; and, also, the allowance of any claim, without such special act, which originated more than four years previous to the application for such allowance.

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

Resolved , That the Postmaster General be directed to furnish to the Senate a copy of the account he caused to be kept, during the month of October last, of the number of letters under each rate of postage; the number of free letters, and by what office franked; the number of newspapers, pamphlets, &c., passing through the mail during said month of October; and any other accurate information he may have collected, and not heretofore communicated to Congress, on this subject.

Mr. Fairfield, from the Committee on Printing, reported in favor of printing the memorial of a number of captains of Western steamboats; and

Ordered , That the memorial be printed.

Mr. Huntington, from the Committee on Commerce, to whom was referred the petition of Edward Kennard, submitted a report, accompanied by a bill (S. 29) for his relief.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Agreeably to notice, Mr. Jarnagin asked and obtained leave to bring in a bill (S. 30) to divide the United States into two military districts; which was read the first and second times by unanimous consent, and referred to the Committee on Military Affairs.

The Senate resumed the consideration of the resolution submitted by Mr. Allen the 28th instant, in relation to the Territory of Oregon; and,

On motion by Mr. Allen,

Ordered , That it lie on the table.

After the consideration of Executive business,

The Senate adjourned.

0054 54
WEDNESDAY, January 3, 1844. Link to Annals.

The President pro tempore laid before the Senate a report of the Secretary of the Senate, made in compliance with the 11th section of the act of the 26th of August, 1842, showing the persons employed in his office during the year 1843, and the sums paid to each; which was read.

On motion by Mr. King,

Ordered , That it be printed.

Mr. Tallmadge presented two memorials of citizens of Wisconsin Territory, praying a grant of land or an appropriation of money for the improvement of the Neenah and Wisconsin rivers, and to connect those rivers by a canal; which were referred to the Committee on Public Lands.

Mr. Tallmadge presented a memorial of citizens of Wisconsin Territory, praying the construction of a road from Sheboygan to Taycheedah, in that Territory; which was referred to the Committee on Public Lands.

Mr. Choate presented the memorial of John Thomas and others, citizens of the Commonwealth of Massachusetts, praying indemnity for French spoliations prior to 1800; which was referred to the Committee on Foreign Relations.

Mr. Barrow presented the petition of Julius Culbertson, praying the confirmation of his title to certain lands in the State of Louisiana; which was referred to the Committee on Private Land Claims.

Mr. Buchanan presented a memorial of citizens of Philadelphia, Pennsylvania, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Fairfield presented the petition of Hiram March, praying the repayment of a fine imposed on him for the violation of the revenue laws; which was referred to the Committee on Commerce.

Mr. Benton presented a petition of citizens of the State of Missouri, praying the establishment of a post route from Warrow to Waynesville, in said State; which was referred to the Committee on the Post Office and Post Roads.

Mr. Sturgeon presented a petition of citizens of Erie, Pennsylvania, praying an appropriation for the completion of the harbor at that place; which was referred to the Committee on Commerce.

Mr. Woodbury presented the petition of John Pettibone, praying compensation for the use, by the United States, of a rarefying air stove, invented and patented by his father, Daniel Pettibone; which was referred to the Committee on Patents and the Patent Office.

On motion by Mr. Crittenden,

Ordered , That the widow of Andrew Lewis, deceased, have leave to withdraw her petition and papers.

Agreeably to notice, Mr. Atchison asked and obtained leave to bring in a bill (S. 31) to extend the time for proving preemption rights; which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Crittenden asked and obtained leave to bring in a bill (S. 32) concerning the Supreme Court of the United States; 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 resolution submitted yesterday by Mr. Woodbury, relating to the estimates for appropriations; and the resolution was agreed to.

0055 55

The Senate proceeded to consider the resolution submitted yesterday by Mr. Woodbury, in relation to claims rejected by the heads of departments or the heads of bureaus; and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted yesterday by Mr. Hannegan, relating to the completion of the harbor of Michigan City; and,

On motion By Mr. Hannegan,

Ordered , That it lie on the table.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 25) for the relief of Isaac Ilsley; and,

On motion by Mr. Evans,

Ordered , That the further consideration thereof be postponed to Wednesday, the 10th instant.

On motion by Mr. Phelps,

The Senate adjourned.

THURSDAY, January 4, 1844. Link to Annals.

The President pro tempore laid before the Senate a report of the Secretary of the Senate, prepared in obedience to the 20th section of the act of the 26th of August, 1842, showing the expenditures for the contingent expenses of the Senate for the year ending the 4th of December, 1843, and the amount appropriated for the same remaining unexpended at that time; which was read.

On motion by Mr. Tappan,

Ordered , That it be printed.

Mr. Evans presented the petition of George Whitten, a soldier in the last war with Great Britain, praying a pension; which was referred to the Committee on Pensions.

Mr. Miller presented a petition of members of the bar of Alexandria, in the District of Columbia, praying that the next judge to be appointed for the circuit court of the United States for the District of Columbia may be required by law to reside in the county of Alexandria; which was referred to the Committee on the District of Columbia.

Mr. Bates presented the petition of James Low, a seaman in the navy of the United States, praying a pension in consideration of an injury received while in the performance of his duty; which was referred to the Committee on Pensions.

Mr. Barrow presented a petition of G. H. McFaddin and others, citizens of the parish of Point Coupee, in Louisiana, praying the right of preemption to certain tracts of land in that State; which was referred to the Committee on Public Lands.

Mr. Sturgeon presented a petition of citizens of Erie, Pennsylvania, praying an appropriation for completing the harbor at that place; which was referred to the Committee on Commerce.

Mr. Dayton presented the petition of William Grant, guardian of the heir of Hampton Westcott, deceased, late an officer in the United States navy, praying that he may be allowed a pension; which was referred to the Committee on Naval Affairs.

Mr. Bayard presented a petition of citizens of the city and county of Philadelphia, Pennsylvania, praying a revival of the act of March 3, 1837, for the more equitable administration of the navy pension fund; which was referred to the Committee on Naval Affairs.

0056 56

Mr. Buchanan presented a petition of citizens of Erie, Pennsylvania, praying an appropriation for completing the harbor at that place; which was referred to the Committee on Commerce.

Mr. Colquitt presented the petition of Samuel Walker and Francis G. Beatty, praying relief in consequence of injuries received by the falling of the scaffold of the Treasury building; which was referred to the Committee on the District of Columbia.

Mr. Woodbridge presented the petition of John Becraft, a soldier in the last war with Great Britain, praying a pension; which was referred to the Committee on Pensions.

On motion by Mr. Huntington,

Ordered , That the memorial of citizens of the State of New York, on the files of the Senate, praying drawback of duties on goods exported to the British provinces in North America, be referred to the Committee on Commeree.

On motion by Mr. Fulton,

Ordered , That the documents on the files of the Senate relating to the claim of Henry Funkhouser be referred to the Committee on Indian Affairs.

On motion by Mr. Choate,

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

On motion by Mr. Semple,

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

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

Resolved , That the Committee on the Post Office and Post Roads be directed to inquire into the expediency of establishing a mail route from Mississippi city to Jackson, in the State of Mississippi.

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

Resolved , That the Postmaster General be directed to furnish the Senate with a synopsis of the account he caused to be kept of the number of letters, newspapers, pamphlets, &c., which passed through the mails of the United States during the month of October last, and that the copy of said accounts called for by the resolution of the Senate of the 2d day of January be dispensed with.

Mr. Breese submitted the following resolution, 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 a post route from Carlyle, by Hanover and Mascoutah, to Belleville, in St. Clair county, in the State of Illinois.

Mr. Haywood having been, on his motion, excused from serving on the Committee on Private Land Claims,

Ordered , That a member be appointed by the President pro tempore on the Committee on Private Land Claims, in the place of Mr. Haywood, excused; and

Mr. Breese was appointed.

On motion by Tappan,

Ordered , That the Committee to Audit and Control the Contingent Expenses 0057 57 of the Senate be discharged from the further consideration of the petition of James Wilson, and that it be referred to the Committee on Public Buildings.

Mr. Merrick, from the Committee on the Post Office and Post Roads, to whom was referred the petition Ira Day, reported the following resolution, which was read:

Resolved , That the committee be discharged from the further consideration of the petition, and that the subject be indefinitely postponed.

Mr. Tallmadge, from the Committee on Public Lands, to whom the subject was referred, reported a bill (S. 33) to grant a certain quantity of land to aid in the improvement of the Fox and Wisconsin rivers, and to connect the same by a canal, in the Territory of Wisconsin; which was read, and passed to the second reading.

Mr. Bagby, agreeably to notice, asked and obtained leave to bring in a bill (S. 34) for the relief of the legal representatives of William Walker; which was read the first and second times by unanimous consent, and referred to the Committee on Indian Affairs.

Mr. Bagby submitted documents relating to the claim of the representatives of William Walker; which were referred to the Committee on Indian Affairs.

Mr. Hannegan, agreeably to notice, asked and obtained leave to bring in a bill (S. 35) making appropriations for the continuation of the Cumberland road in the States of Ohio, Indiana, and Illinois; which was read the first and second times by unanimous consent, and referred to the Committee on Roads and Canals.

Mr. Phelps, from the Committee of Claims, to whom was referred the petition of George Harrison, submitted an adverse report; which was ordered to be printed.

The Senate proceeded to consider the resolution submitted by Mr. Allen the 28th December, in relation to the occupation of the Oregon Territory; and,

On motion by Mr. Allen,

Ordered , That the further consideration thereof be postponed to Monday, the 8th instant.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 29) for the relief of Edward Kennard; and no amendment being made, it was reported to the Senate.

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

On motion by Mr. Foster,

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

After the consideration of Executive business,

The Senate adjourned.

MONDAY, January 8, 1844. Link to Annals.

The President pro tempore laid before the Senate a report of the Commissioner of Public Buildings, made agreeably to law, showing the expenditures on the public buildings and public grounds, and other objects committed to his charge; which was read.

On motion by Mr. Dayton,

Ordered , That it be referred to the Committee on Public Buildings, and that it be printed.

0058 58

The President pro tempore laid before the Senate a report of the Secretary of War, made in compliance with a resolution of the Senate, accompanied by an estimate of the cost of connecting Lake Huron and Lake Superior, by means of a canal around the falls of St. Mary; which was read, and referred to the Committee on Roads and canals.

On motion, that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

The President pro tempore laid before the Senate a report of the Secretary of the Treasury, made in compliance with a resolution of the Senate, exhibiting the suits instituted by the United States against citizens of Illinois and Wisconsin, since the 4th of March, 1841, for alleged trespasses upon the public lands, and the proceedings thereon; which was read.

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

To the Senate of the United States:

I herewith transmit a report made by the Secretary of the Navy, in pursuance of the provisions of the act of the 3d March, 1843.

JOHN TYLER.

Washington , January 8, 1844.

The message was read.

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

Mr. Wright presented the petition of Samuel Thompson, praying payment of the balance due by the United States for services as superintendent of the construction of the New York custom-house; which was referred to the Committee of Claims.

Mr. Wright presented a memorial of merchants and manufacturers of the city of New York, praying a reduction of the duties on certain articles of foreign hardware; which was referred to the Committee on Finance.

Mr. Wright presented the petition of the president and directors of the New York and Harlem Railroad Company, praying a remission of the duties on certain railroad iron imported for the use of their railroad which was referred to the Committee on Finance.

Mr. Buchanan presented a memorial of merchants of the city of Philadelphia, praying that a drawback of duties may be allowed on exportations of spirits manufactured from foreign molasses; which was referred to the Committee on Finance.

Mr. Wright presented the memorial of the Chamber of Commerce of New York, praying the establishment of the warehouse system; which was referred to the Committee on Commerce.

On motion, by Mr. Wright, that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

Mr. Jarnagin presented the petition of Peter A. Carnes, late a sutler in the army, praying compensation for losses sustained in consequence of irregular orders of the War Department, and to be protected in his office of forage and wagon master, from which he has been irregularly dismissed; which was referred to the Committee on Military Affairs.

Mr. Buchanan presented a petition of citizens of Erie, Pennsylvania, praying an appropriation for completing the harbor at that place; which was referred to the Committee on Commerce.

Mr. Crittenden presented a memorial of citizens of Baltimore, Maryland, 0059 59 and a memorial of citizens of Philadelphia, Pennsylvania, praying a revival of the act of 3d March, 1837, for the more equitable administration of the navy pension fund; which were severally referred to the Committee on Naval Affairs.

On motion, by Mr. Crittenden, that they be printed,

Ordered , That the motion be referred to the Committee on Printing.

Mr. Breese presented the petition of John Atchison, praying to be released from the payment of a balance due on a judgment obtained against him by the United States; which was referred to the Committee on the Judiciary.

Mr. Breese presented the petition of citizens of the State of Illinois, praying the establishment of a mail route from Lafayette to Springfield, in that State; which was referred to the Committee on the Post Office and Post Roads.

Mr. Tappan presented a resolution passed by the General Assembly of the State of Ohio, instructing the Senators and requesting the Representatives of that State in Congress to use their exertions to effect the repeal of the act of June 1, 1842, directing the summer term of the United States circuit court to be held at Cincinnati, and to endeavor to procure the holding the same at Columbus; which was read.

Mr. Tallmadge presented a petition of citizens of the Territory of Wisconsin, praying an appropriation of land or money to improve the navigation of the Neenah and Wisconsin rivers, and to connect those rivers by means era canal; which was ordered to lie on the table.

Mr. Bayard presented the petition of David C. Wilson, late United States marshal for the district of Delaware, praying an allowance of office rent; which was referred to the Committee on the Judiciary.

Mr. Choate presented the petition of A. B. Quimby, praying that an examination may be directed to be made of the plan of the boilers of the steam frigate Mississippi, and into the propriety of dispensing with steam chimneys in the construction of engines for the use of the navy; which was referred to the Committee on Naval Affairs.

Mr. Foster presented the petition of William Easby, surviving partner of Easby & Hanly, praying compensation for hydraulic cement furnished for the repair of the bridge across Pennsylvania avenue, under a contract with the Commissioner of Public Buildings; which was referred to the Committee on the District of Columbia.

Mr. Huntington presented the petition of Thomas M. Latham, praying that compensation be allowed to the owners, officers, and crew of the sloop Marion, for rescuing the troops of the United States from a vessel wrecked off Tampa bay in the year 1837, and preserving the property of the United States from loss; which was referred to the Committee on Commerce.

Mr. Woodbridge presented a petition of citizens of the United States, praying a grant of land for the completion of the Wabash and Erie canal; which was referred to the Committee on Public Lands.

Mr. Jarnagin presented the petition of Samuel Martin, proposing a plan for improving the navy, and for the better defence of the country in case of war; which was referred to the Committee on Naval Affairs.

Mr. Woodbury presented a petition of inhabitants of the isles of Shoals, on the coast of New Hampshire, praying that the fishing bounties may be 0060 60 extended to the smaller sized vessels or open Boats engaged in that business; which was referred to the Committee on Commerce.

Mr. Fulton submitted additional documents in relation to the claim of James Erwin, which, with the documents on the files of the Senate relating to his claim, were referred to the Committee on Indian Affairs.

On motion by Mr. Breese,

Ordered , That the petition of citizens of Illinois, on the files of the Senate, praying the establishment of a mail route from Chicago to Grand Detour, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Bayard,

Ordered , That the memorial of Reynell Coates and Walter R. Johnson, on the files of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Rives,

Ordered , That the memorial of the heirs of Daniel Trueheart, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Huntington,

Ordered , That the petition of Jonah Barto, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Crittenden,

Ordered , That Anthony Gale have leave to withdraw his petition and papers.

On motion by Mr. Crittenden,

Ordered , That the petition of William C. Easton, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. McDuffie,

Ordered , That Milledge Galpin have leave to withdraw his petition and papers.

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. Semple submitted the following resolution for consideration:

Resolved , That the President of the United States be requested to give notice to the British Government that it is the desire of the Government of the United States to annul and abrogate the provisions of the third article of the convention concluded between the Government of the United States of America and His Britannic Majesty the King of the United Kingdom of Great Britain and Ireland on the 20th of October, 1818, and indefinitely continued by the convention between the same parties signed at London the 6th of August, 1827.

Mr. Allen submitted the following resolution for consideration:

Resolved , That the President be requested to inform the Senate, if it be in his power to do so, whether any of the Indian tribes, or any of the Indians resident within the territorial limits of the United States, are in the receipt, periodically or occasionally, of any pension, pay, or present, in money or other things, from the British Government, and, if so, that he be requested to state the particulars; also, whether the Government of the United States have had any correspondence with the British Government in relation to that matter, and, in that event, that he be requested to lay before the Senate a copy of such correspondence.

Mr. King having been excused, on his motion, from serving on the Committee on Roads and Canals, and Mr. Foster having been excused, on his motion, from serving on the Committee on Pensions,

0061 61

Ordered , That a member be appointed on the Committee on Roads and Canals by the President pro tempore, in the place of Mr. King, excused; and that a member be appointed by the President pro tempore on the Committee on Pensions, in the place of Mr. Foster, excused; and

Mr. Bagby was appointed on the Committee on Roads and Canals; and

Mr. Jarnagin was appointed on the Committee on Pensions.

Agreeably to notice, Mr. Fulton asked and obtained leave to bring in a resolution (S. R. 2) to extend the franking privilege to ex-Vice Presidents of the United States; which was read the first and second times by unanimous consent, and referred to the Committee on the Post Office and Post Roads.

Mr. Tallmadge, from the Committee on Public Lands, to whom were referred numerous memorials from citizens of Wisconsin, asking an appropriation to improve the navigation of the Fox and Wisconsin rivers, and to connect them by a canal, submitted a report; which was ordered to be printed.

Mr. Miller, from the Committee on the District of Columbia, to whom was referred the bill (S. 10) providing for the insane asylum in the District of Columbia, reported it with an amendment; which was read.

Mr. Miller, from the Committee on the District of Columbia, to whom was referred the bill (S. 15) for repaving and repairing a portion of Pennsylvania avenue, reported it without amendment.

Mr. White, from the Committee on Indian Affairs, to which was referred the petition of Benjamin Crawford, reported the following resolution:

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

Ordered , That the report be printed.

Mr. Bates, from the Committee on Pensions, to whom was referred the petition of Joseph Veazie, submitted an adverse report; which was ordered to be printed.

Mr. Bates, from the Committee on Pensions, to whom was referred the petition of John Bosworth, submitted an adverse report; which was ordered to be printed.

Mr. Bates, from the Committee on Pensions, to whom was referred the petition of Jacob Redington, submitted an adverse report; which was ordered to be printed.

Mr. Bates, from the Committee on Pensions, to whom was referred the petition of the widow of Joseph Gordon, submitted an adverse report; which was ordered to be printed.

Mr. Bates, from the Committee on Pensions, to whom was referred the documents relating to the claim of the heirs of David Munn, submitted an adverse report; which was ordered to be printed.

Mr. Huntington, from the Committee on Commerce, to whom was referred the petition of a number of owners and masters of vessels in Albany, New York, submitted a report, accompanied by the following resolution:

Resolved , That the committee be discharged from the further consideration of the petition.

Ordered , That the report be printed.

The Senate resumed the consideration of the resolution submitted by Mr. Allen the 28th December, requesting the President to lay before the Senate, if the same can be done without prejudice to the public interests, a copy of any instructions which may have been given to the American 0062 62 minister in England on the subject of the title to and occupation of the Territory of Oregon; also, a copy of any correspondence between the Government of the United States and that of Great Britain in relation to, that subject; and, after debate,

On the question to agree to the resolution,

It was determined in the negative,

Yeas, 14,

Nays, 31.

On motion by Mr. Allen,

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

Those who voted in the affirmative, are,

Messrs. Allen, Atchison, Benton, Breese, Colquitt, Fairfield, Fulton, Hannegan, Semple, Sturgeon, Tappan, Walker, Woodbury, Wright.

Those who voted in the negative, are,

Messrs. Archer, Bagby, Barrow, Bates, Bayard, Berrien, Buchanan, Choate, Clayton, Crittenden, Dayton, Evans, Foster, Haywood, Henderson, Huger, Huntington, Jarnagin, King, McDuffie, Mangum, Merrick, Miller, Morehead, Phelps, Porter of Michigan, Rives, Tallmadge, Upham, White, Woodbridge.

So the resolution was not agreed to.

On motion,

The Senate adjourned.

TUESDAY, January 9, 1844. Link to Annals.

Mr. Sturgeon presented a petition of citizens of Monroe and Carbon counties, in Pennsylvania, praying the establishment of a mail route from Stroudsburg to Lehigh Water Gap, in that State; which was referred to the Committee on the Post Office and Post Roads.

Mr. Sturgeon presented a memorial of citizens of Warren county, Pennsylvania, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Sturgeon presented a memorial of citizens of Erie, Pennsylvania, praying an appropriation for completing the harbor at that place; which was referred to the Committee on Commerce.

Mr. Sturgeon presented the petition of Jesse Biddle, a soldier in the last war with Great Britain, praying a pension; which was referred to the Committee on Pensions.

Mr. Choate presented a memorial of Charles Crocker and others, citizens of the United States, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Tappan presented a petition of citizens of Washington county, Pennsylvania, praying the establishment of a mail route from Steubenville, Ohio, to the borough of Washington, Pennsylvania; which was referred to the Committee on the Post Office and Post Roads.

Mr. Jarnagin presented a communication signed by Jordan L. Mott, in relation to the postage charged on a pamphlet advertisement he proposed to circulate; which was referred to the Committee on the Post Office and Post Roads.

Mr. Porter presented the proceedings of a meeting of citizens held at New Buffalo, in the State of Michigan, representing the necessity of constructing a harbor at that place; which were referred to the Committee on Commerce.

0063 63

Mr. Porter presented the petition of Julius Eldred, praying compensation for his services and expenses in transporting a mass of native copper, known as the “copper rock,” from the Ontonagon river to the city of Washington, under an agreement with an agent of the War Department; which was referred to the Committee on Public Lands.

Mr. Woodbridge presented the petition of E. B. & S. Ward, contractors for carrying the mail, praying to be relieved from loss by a contract which they were compelled to execute; which was referred to the Committee on the Post Office and Post Roads.

Mr. Archer presented the petition of the heirs of George Yates, deceased, late a surgeon's mate in the revolutionary war, praying an allowance of commutation pay; which was referred to the Committee on Revolutionary Claims.

Mr. Tallmadge presented the memorial of a convention of claimants to indemnity for French spoliations prior to 1800, held in the city of New York, praying a settlement of their claims; which was referred to the Committee on Foreign Relations.

On motion by Mr. Huntington,

Ordered , That the memorial of Wareham Kingsley, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Sevier,

Ordered , That the documents on the files of the Senate relating to the claim of F. A. Kerr be referred to the Committee on Indian Affairs.

On motion by Mr. Breese, that the report of the Secretary of the Treasury in relation to suits for trespasses on the mineral lands, communicated the 8th instant, be printed,

Ordered , That the motion be referred to the Committee on Printing.

On motion by Mr. Breese, that the report of the Secretary of War in relation to the leases of lead mines in Illinois and Wisconsin, communicated the 29th December last, be printed,

Ordered , That the motion be referred to the Committee on Printing.

Mr. Fairfield, from the Committee on Printing, reported in favor of printing the following subjects:

Memorial of the Chamber of Commerce of New York, presented the 8th instant.

Petition of citizens of Baltimore, presented the 8th instant.

Petition of a number of citizens of Pennsylvania, presented the 8th instant.

The report was concurred in.

Mr. Henderson, from the Committee on Private Land Claims, to whom was referred the bill (S. 20) to provide for the adjustment of land claims within the States of Louisiana, Mississippi, Alabama, and Arkansas, and for other purposes, reported it with amendments.

On motion by Mr. Henderson,

Ordered , That the bill, as proposed to be amended, be printed.

Mr. Evans, from the Committee on Finance, to whom was referred the bill (S. 19) to revive the act of the 2d of March, 1833, usually called the compromise act, and to modify the existing duties upon foreign imports in conformity to its provisions, reported it without amendment, together with the following resolution:

Resolved , That the bill entitled “A bill to revive the act of the 2d of March, 1833, usually called the compromise act, and to modify the existing 0064 64 duties upon foreign imports in conformity with its provisions, is a bill for raising revenue, within the meaning of the 7th section of the 1st article of the Constitution, and cannot therefore originate in the Senate; therefore,

Resolved , That it be indefinitely postponed.

On motion by Mr. Evans,

Ordered , That the further consideration of said bill, together with the resolution reported by the Committee, be postponed to and made the order of the day for Thursday next, and that the resolution be printed.

Mr. Semple, agreeably to notice, asked and obtained leave to bring in a bill (S. 36) to grant a portion of the public land to the State of Illinois, to aid in the completion of the Illinois and Michigan canal; which was read the first and second times by unanimous consent, and referred to the Committee on Roads and Canals.

Agreeably to notice, Mr. Tappan asked and obtained leave to bring in a bill (S. 37) to repeal the act entitled “An act to amend the act of the 4th of March, 1838, entitled ‘An act to change the time of holding the circuit and district courts in the district of Ohio;’” which was read, and passed to the second reading.

Mr. Phelps, agreeably to notice, asked and obtained leave to bring in a bill (S. 38) to repeal the act approved the 23d day of August, 1842, to provide for the satisfaction of claims arising under the 14th and 19th articles of the treaty of Dancing Rabbit creek, concluded in September, 1830; which was read the first and second times by unanimous consent, and referred to the Committee on Indian Affairs.

Mr. Miller, agreeably to notice, asked and obtained leave to bring in a bill (S. 39) to regulate the issuing and return of writs and other process in the county of Alexandria, 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.

Mr. Semple agreeably to notice, asked and obtained leave to bring in a bill (S. 40) to extend the National road to the city of Alton, on the Mississippi river; which was read the first and second times by unanimous consent, and referred to the Committee on Roads and Canals.

The Senate proceeded to consider the resolution submitted by Mr. Allen the 8th instant, in relation to any pay, pension, or present by the British Government, to any Indian tribe residing within the territorial limits of the United States; and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted by Mr. Semple the 8th instant, on the subject of the 3d article of the convention between the United States and Great Britain concluded the 20th of October, 1818; and,

On motion by Mr. Semple,

Ordered , That the further consideration thereof be postponed to and made the order of the day for Monday, the 15th instant, and that it be printed.

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

Mr. President: The House of Representatives have passed a bill (H. R. 1) to refund the fine imposed on General Andrew Jackson; in which they request the concurrence of the Senate.

The bill from the House of Representatives (H. R. 1) to refund the fine 0065 65 imposed on General Andrew Jackson was read the first and second times by unanimous consent, and referred to the Committee on the Judiciary.

The Senate proceeded to consider the resolution reported by the Committee on the Post Office and Post Roads on the petition of Ira Day; and,

On motion by Mr. Upham,

Ordered , That it lie on the table.

After the consideration of Executive business,

The Senate adjourned.

WEDNESDAY, January 10, 1844. Link to Annals.

The honorable James Alfred Pearce, from the State of Maryland, whose credentials were read and fined the 2d instant, attended; and the oath prescribed by law having been administered to him, he took his seat in the Senate.

The President pro tempore laid before the Senate a report of the Secretary of State, made agreeably to law, showing the disbursements on account of the contingent expenses of the Department of State for the year ending the 30th June, 1843, and the amount unexpended of former appropriations; which was read.

On motion, by Mr. Huntington, that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

The President pro tempore laid before the Senate a report of the Secretary of State, made agreeably to law, showing the names of the clerks and messengers employed in that department during the year 1843, and the compensation paid to each; which was read.

On motion, by Mr. Huntington, that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

Mr. Hannegan presented two memorials of citizens of the State of Indiana, praying a grant of land to aid in the completion of the Wabash and Erie canal; which were referred to the Committee on Public Lands,

Mr. Breese submitted an additional document in relation to the petition of John Atchinson; which was referred to the Committee on the Judiciary.

On motion by Mr. King,

Ordered , That the petition of the representatives of William A. Slacum, on the files of the Senate, be referred to the Committee on Foreign Relations.

Mr. Fairfield, from the committee on Printing, reported in favor of printing the report of the Secretary of the Treasury, showing the suits commenced against citizens of Illinois and Wisconsin, for trespasses on the public lands; also, the report of the Secretary of War in relation to the leases of lead mines in Illinois and Wisconsin; and,

Ordered , That the reports be printed.

Mr. Woodbridge, from the Committee on Public Lands, to whom was referred the bill (S. 2) to confirm the survey and location of claims for lands in the State of Mississippi, east of Pearl river and south of the thirty-first degree of north latitude, reported it without amendment. Mr. Woodbridge also submitted a report on the subject; which was ordered be printed.

Mr. Woodbridge, from the Committee on Public Lands, to whom was referred the bill (S. 17) to apply certain alternate sections of the public domain towards the completion of works of internal improvement in the 5 0066 66 State of Michigan, and for other purposes, reported it without amendment. Mr. Woodbridge also submitted a report on the subject; which was ordered to be printed.

Mr. Barrow, from the Committee on Commerce, to whom the subject was referred, reported a bill (S. 41) to authorize a survey of the mouth of the Red river, and for other purposes; which was read, and passed to the second reading.

Agreeably to notice, Mr. Jarnagin asked and obtained leave to bring in a bill (S. 42) to increase the salary of the district judge of the United States for the districts of East Tennessee, Middle Tennessee, and the western district of Tennessee, in the eighth judicial circuit; which was read the first and second time by unanimous consent, and referred to the Committee on the Judiciary.

The Senate proceeded to consider the resolution reported by the Committee of Claims on the petition of George Harrison; and, in concurrence therewith,

Resolved , That the prayer of the petition cannot be granted.

The Senate proceeded to consider the resolution reported by the Committee on Pensions on the claim of David Munn; and, in concurrence therewith,

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

The Senate proceeded to consider the resolution reported by the Committee on Pensions on the petition of Josiah Gordon; and, in concurrence therewith,

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

The bill (S. 37) to repeal the act entitled “An act to amend the act of the 10th of March, 1838, entitled: ‘An act to change the time of holding the circuit and district courts in the district of Ohio,’” was read the second time.

On motion by Mr. Tappan,

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

The Senate resumed, as in Committee of the Whole, the bill (S. 25) for the relief of Isaac Ilsley; and,

On motion by Mr. Berrien,

Ordered , That it lie on the table.

The bill (S. 83) to grant a certain quantity of land to aid in the improvement of the Fox and Wisconsin rivers, and to connect same by means of a canal in the Territory of Wisconsin, was read the second time, and considered as in Committee of the Whole.

On motion by Mr. Tallmadge,

Ordered , That the further consideration thereof be postponed until to-morrow.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 16) to settle the title to the Pea Patch island, in the river Delaware, together with a motion by Mr. Tappan, to recommit the bill with instructions.

On motion, by Mr. Benton, to postpone the bill indefinitely,

It was determined in the negative,

Yeas, 11,

Nays, 31.

On motion by Mr. Buchanan,

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

Those who voted in the affirmative, are,

0067 67

Messrs. Allen, Atchison, Bagby, Benton, Colquitt, Fairfield, Fulton, Haywood, Huger, McDuffie, Tappan.

Those who voted in the negative, are,

Messrs. Barrow, Bates, Bayard, Berrien, Breese, Buchanan, Choate, Clayton, Crittenden, Dayton, Evans, Foster, Hannegan, Huntington, Jarnagin, King, Mangum, Miller, Morehead, Pearce, Phelps, Porter of Michigan, Semple, Sturgeon, Tallmadge, Upham, Walker, White, Woodbridge, Woodbury, Wright.

On motion by Mr. Berrien,

The Senate adjourned.

THURSDAY, January 11, 1844. Link to Annals.

Mr. Choate presented the memorial of the widow of Albert E. Downes, late commanding officer of the United States schooner Grampus, praying relief; which was referred to the Committee on Naval Affairs.

Mr. Wright presented the memorial of the legal representatives of Herman Blennerhassett, deceased, praying compensation for property destroyed in the year 1806 by militia acting under the authority of the United States; which was referred to the Committee of Claims.

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

Mr. Berrien presented a petition of citizens of Heard county, in the State of Georgia, praying the establishment of a post office at Bennetsville, in that county; which was referred to the Committee on the Post Office and Post Roads.

Mr. Fairfield presented the petition of the widow of William Baker, deceased, late an ensign in the revolutionary army, praying that her pension may be continued; which was referred to the Committee on Pensions.

Mr. Huntington presented a petition of citizens of the county of New London, Connecticut, praying a redaction of the rates of postage and the discontinuance of the franking privilege; which was referred to the Committee on the Post Office and Post Roads.

Mr. Merrick presented a petition of citizens of Licking county, Ohio, praying that the rates of postage may be reduced, and the franking privilege discontinued or restricted; which was referred to the Committee on the Post Office and Post Roads.

Mr. Fulton presented the petition of William Wynn, praying the confirmation of his title to certain tracts of land in the State of Arkansas; which was referred to the Committee on Private Land Claims.

On motion by Mr. Sevier,

Ordered , That the documents on the files of the Senate relating to the claim of George Duval be referred to the Committee on Indian Affairs.

On motion by Mr. Hannegan,

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

On motion by Mr. King,

Ordered , That the petition of Rhodes & Austill, on the files of the Senate, be referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Foster,

Ordered , That the Committee of Claims be discharged from the further 0068 68 consideration of the petition of the heirs of William Eaton, and that it be referred to the Committee on Military Affairs.

Mr. Benton submitted the following resolution, which was considered by unanimous consent, and, on motion by Mr. Haywood, amended and agreed to, as follows:

Resolved , That the Secretary of War be directed to inform the Senate whether any thing was accomplished towards Settling the title to the Pea Patch island under the joint resolution of March 3, 1839; and if nothing was accomplished under said resolution, that the Senate be informed of the reasons which prevented it. That he also communicate the opinion of the late Attorney General upon the title of the United States to the Pea Patch island, if he gave one. That he also inform the Senate whether New Jersey has ceded to the United States jurisdiction over the said island, and at what time; if no such cession of jurisdiction has ever been made, that he will inform the Senate whether application has at any time been made to New Jersey for such cession, and when.

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

Resolved , That the Secretary of War be directed to communicate to the Senate the correspondence with General Worth and other officers, relative to fortifying the keys and islands around Cape Florida, and for connecting the waters of the river Matanzas and the Musquito Lagoon with Indian river, at the Haulover, East Florida; and, also, to communicate such further information, including plats and surveys, as may be in the possession of the department, relative to the construction of a railroad across the peninsula of Florida, with an estimate of what would be the probable cost of connecting the waters of the rivers alluded to, and of constructing the railroad, with the aid of the troops stationed in Florida.

Mr. Breese submitted the following resolution for consideration:

Resolved , That the Committee on the Judiciary be instructed to inquire whether any, and, if any, what further provisions are necessary to give effect to the act of Congress of the 13th of August, 1841, entitled “An act to repeal the act entitled ‘An act to provide for the collection, safe keeping, transfer, and disbursement of the public revenue,’ and to provide for the punishment of embezzlers of public moneys and for other purposes.”

On motion,

Ordered , That Mr. Choate be excused from serving on the Committee on Naval Affairs.

On motion by Mr. Bayard,

Ordered , That a member be appointed on the Committee on Naval Affairs by the President pro tempore, in the place of Mr. Choate, excused; and

Mr. Pearce was appointed.

Mr. Fairfield, from the Committee on Printing, reported in favor of printing the following subjects:

Report of the Secretary of State, showing the salaries paid to the clerks and messengers in that department and the Patent Office during the year 1843.

Report of the Secretary of State, showing the contingent expenses of that department during the year 1843; and the report was concurred in.

Agreeably to notice, Mr. Fulton asked and obtained leave to bring in a bill (S. 43) to surrender to the States of Missouri and Arkansas alternate 0069 69 sections of certain public lands, reported as not worth the expense of survey, for the purpose of increasing the value of the public domain; which was read, the first and second times by unanimous consent, and referred to the Committee on Public Lands.

Mr. Woodbridge, from the Committee on Public Lands, to whom was referred the petition of George Davenport, submitted a report, accompanied by a bill (S. 44) for the relief of George Davenport of Rock Island, in the State of Illinois.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

The bill (S. 29) for the relief of Edward Kennard, having been reported by the committee correctly engrossed, was read a third time.

Resolved , That this bill pass, and that the title thereof be “An act for the relief of Edward Kennard.”

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

On motion by Mr. Woodbury,

The vote of yesterday, agreeing to the resolution reported by the Committee of Claims on the petition of George Harrison, was reconsidered; and,

On motion by Mr. Woodbury,

Ordered , That the petition of George Harrison, with the report thereon, be recommitted to the Committee of Claims.

The Senate proceeded to consider the resolution reported by the Committee on Indian Affairs on the petition of Benjamin Crawford; and,

On motion by Mr. White,

Ordered , That it lie on the table.

The Senate proceeded to consider the resolution reported by the Committee on Pensions on the petition of the widow of Jacob Redington; and, in concurrence therewith,

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

The Senate proceeded to consider the resolution reported by the Committee on Pensions on the petition of Joseph Veazie; and, in concurrence therewith,

Resolved , That the committee be discharged from the consideration of Joseph Veazie's claim to a pension.

The Senate proceeded to consider the resolution reported by the Committee on Pensions on the petition of John Bosworth; and, in concurrence therewith,

Resolved , That the committee be discharged from the consideration of John Bosworth's petition for a pension.

The Senate resumed the consideration of the resolution reported by the Committee oh the Post Office and Post Roads on the petition of Ira Day; and, in concurrence therewith,

Resolved , That the committee be discharged from the further consideration of the petition, and that the subject be indefinitely postponed.

On motion by Mr. Foster,

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

After the consideration of Executive business,

The Senate adjourned.

0070 70
MONDAY, January 15, 1844. Link to Annals.

The President pro tempore laid before the Senate a report of the Secretary of War, accompanied by the annual report of the Commissioner of Pensions, showing the names of applicants during the past year for pensions, or increase of pension, whose claims have been rejected; which was read.

On motion, by Mr. Bates, that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

The President pro tempore laid before the Senate the following reports:

1. Report of the Secretary of the Treasury, made in compliance with a resolution of the Senate, showing the amount of money due the State of Mississippi on account of the two per cent. fund, and the three per cent. fund, and the distribution fund; also, the sums paid the said State since July, 1841, on account of these funds, with correspondence relating thereto.

2. Report of the Secretary of the Treasury, made in compliance with a resolution of the Senate, accompanied by a statement of moneys paid on certificates issued by the board of commissioners appointed under the Cherokee treaty of 1835–'36.

3. Report of the Secretary of War, made agreeably to law, showing the contracts made under the direction of the War Department during the year 1843.

4. Report of the Secretary of War, made agreeably to law, showing the clerks employed in the Department of War during the year 1843, the time employed, and the amount paid to each.

The reports were severally read, and ordered to lie on the table.

Mr. Bagby submitted a presentment of the grand jury for the middle district of the State of Alabama, representing the necessity of an appropriation for the erection of a suitable building for the accommodation of the district court of the United States for that district; which was referred to the Committee on the Judiciary.

Mr. Huntington presented a memorial of the representatives of the yearly meetings of the Society of Friends for New England and New York, praying the adoption of measures to ameliorate the condition of the Indian tribes west of the Mississippi, and to protect them in the enjoyment of rights claimed under existing treaties; which was referred to the Committee on Indian Affairs.

Mr. Huntington presented a memorial of citizens of the State of Indiana, praying a grant of land to aid in the completion of the Wabash and Erie canal; which was referred to the Committee on Public Lands.

Mr. Walker presented the petition of John J. McCaughan, praying the right of pre-emption to a tract of land in the State of Mississippi; which was referred to the Committee on Public Lands.

Mr. Fairfield presented a petition of citizens of Washington county, in the State of Maine, praying the establishment of a mail route from Jonesborough to East Machias, in that State; which was referred to the Committee on the Post Office and Post Roads.

Mr. Woodbridge presented a petition of citizens of St. Joseph county, Michigan, praying a reduction of the rates of postage and a restriction of the franking privilege; which was referred to the Committee on the Post Office and Post Roads.

Mr. Woodbridge presented two petitions of citizens of Macomb county, 0071 71 in the State of Michigan, praying an appropriation for the removal of the bar at the mouth of Clinton river, and the erection of a light-house at that place; which were referred to the Committee on Commerce.

Mr. Buchanan presented a petition of citizens of Pittsburg, and a petition of citizens of Philadelphia, Pennsylvania, praying a reduction of the rates of postage; which were referred to the Committee on the Post Office and Post Roads.

Mr. Buchanan presented the petition of P. S. V. Hamot, praying the repayment of the money paid by him as surety of Thomas Forster, late collector for the port of Presqu'isle, in the State of Pennsylvania; which was referred to the Committee on the Judiciary.

Mr. Hannegan presented a petition of citizens of Carroll county, in the State of Indiana, praying the establishment of the Western armory at Pittsburg, in that county; which was referred to the Committee on Military Affairs.

Mr. Hannegan presented two memorials of citizens of the State of Indiana, praying an additional grant of land for the completion of the Wabash and Erie canal; which were referred to the Committee on Public Lands.

Mr. Woodbury presented the memorial of D. M. F. Thornton, a purser in the navy, praying that, in the settlement of his accounts, he may be credited with the amount of stores destroyed in a hurricane on board the ship Erie; which was referred to the Committee on Naval Affairs.

Mr. Dayton presented the petition of Martha Emmel and others, widows of deceased revolutionary soldiers, praying the continuance of their pensions; which was referred to the Committee on Pensions.

Mr. Bayard presented the memorial of Thomas G. Clinton, praying an examination of certain inventions applicable to the naval service; which was referred to the Committee on Naval Affairs.

On motion by Mr. Benton,

Ordered , That the petition of Alexander Watson, on the files of the Senate, be referred to the Committee of Claims,

On motion by Mr. Upham,

Ordered , That the petition of Azel Spalding, on the files of the Senate, be referred to the Committee on Pensions.

Mr. Benton submitted the following resolution for consideration:

Resolved , That the Committee on Indian Affairs be directed to inquire whether any wrong or injury has been done to the Winnebago Indians, by withholding any part of their annuity, or applying any part thereof to unauthorized purposes.

On motion by Mr. Jarnagin,

Ordered , That the Committee on Revolutionary Claims be discharged from the consideration of the memorial and resolutions of the Legislature of Kentucky, relating to the claim of the heirs of Christopher Miller, and that they be referred to the Committee of Claims.

On motion by Mr. Jarnagin,

Ordered , That the Committee on Revolutionary Claims be discharged from the further consideration of the petition of John Washington, and that it be referred to the Committee of Claims.

On motion by Mr. Bates,

Ordered , That the Committee on Pensions be discharged from the further 0072 72 consideration of the petition of Joel M. Smith, and from the further consideration of the petition of John Dawson.

Mr. Jarnagin, from the Committee on Revolutionary Claims, to whom was referred the memorial of the heirs of Daniel Trueheart, submitted an adverse report; which was ordered to be printed.

Mr. Jarnagin, from the Committee on Revolutionary Claims, to whom was referred the petition of the heir of William Lindsay, submitted an adverse report; which was ordered to be printed.

Mr. Jarnagin, from the Committee on Revolutionary Claims, to whom was referred the petition of the heir of Charles Morgan, submitted an adverse report; which was ordered to be printed.

Mr. Jarnagin, from the Committee on the Post Office and Post Roads, to whom was referred the petition of E. B. Ward and S. Ward, submitted an adverse report; which was ordered to be printed.

Mr. Breese, agreeably to notice, asked and obtained leave to bring in a bill (S. 45) declaring the assent of Congress to the State of Illinois to impose a tax upon all lands hereafter sold by the United States in that State, from and after the time of such sale; which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

Mr. Bates, from the Committee on Pensions, who were instructed to inquire into the subject, reported a bill (S. 46) making compensation to pension agents; which was read, and passed to the second reading.

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

Mr. President: The House of Representatives have passed a bill entitled “An act to supply a deficiency in the appropriation for the fiscal year ending the 30th of June, 1844, for the relief and protection of American seamen;” in which they request the concurrence of the Senate.

After the consideration of Executive business,

The Senate adjourned.

TUESDAY, January 16, 1844. Link to Annals.

The president pro tempore laid before the Senate a report of the Secretary of the Treasury, made in compliance with a resolution of the Senate, showing the value of imports and exports during the year ending the 30th September, 1843; which was read, and, by unanimous consent, ordered to be printed.

Mr. Phelps presented a petition of citizens of the State of Vermont, praying a reduction of the rates of postage and a restriction of the franking privilege; which was referred to the Committee on the Post Office and Post Roads.

Mr. Evans presented the petition of the guardian of Delia F. Cousins, minor heir of a deceased naval seaman, praying a pension; which was referred to the Committee on Naval Affairs.

Mr. Evans presented a petition of the administrator of James Neal and others, citizens of Portland, in the State of Maine, praying indemnity for French spoliations prior to 1800; which was referred to the Committee on Foreign Relations.

Mr. Pearce presented the petition of the trustees of Richard Linthicum, deceased, praying compensation for labor performed and materials furnished 0073 73 in the repair of certain light-houses and the construction of breakwaters; which was referred to the Committee of Claims.

Mr. Sturgeon presented a petition of citizens of the county and city of Philadelphia, praying an appropriation for the construction of a dry dock at the navy yard at that place; which was referred to the Committee on Naval Affairs.

Mr. Sturgeon presented a resolution passed by the Legislature of the State of Pennsylvania, instructing the Senators and requesting the Representatives of that State in Congress to use their exertions to procure the enactment of a law refunding to General Jackson the fine imposed by Judge Hall; which was read, and ordered to be printed.

Mr. Crittenden presented a petition of citizens of the State of Indiana, praying an additional grant of land for the completion of the Wabash and Erie canal; which was referred to the Committee on Public Lands.

Mr. Archer presented the memorial of Robert Greenhow, praying the patronage of the Government to a publication entitled “A History of California, Oregon, and the other Territories on the Northwest Coast of North America;” which was referred to the Committee on Foreign Relations.

Mr. Tallmadge presented three memorials of citizens of Wisconsin Territory, praying an appropriation of land or money for improving the navigation of the Neenah and Wisconsin rivers, and connecting them by a canal; which were ordered to lie on the table.

Mr. Tallmadge presented a petition of citizens of Wisconsin Territory, praying an appropriation for the construction of a road from Sheboygan to Fox river; which was referred to the Committee on Public Lands.

Mr. Buchanan presented six memorials of citizens of the city and county of Philadelphia, praying an appropriation for the construction of a dry dock at that place; which were referred to the Committee on Naval Affairs.

Mr. Clayton presented a memorial of citizens of the county and city of Philadelphia, praying an appropriation for the construction of a dry dock at that place; which was referred to the Committee on Naval Affairs.

Mr. Colquitt presented the memorial of the Georgia Railroad Company, praying a revival of the act of the 14th July, 1832, releasing from duty iron imported for the use of railways and inclined planes; which was referred to the Committee on Finance.

Mr. Rives presented the memorial of the president and directors of the Tredegar Company, in the State of Virginia, praying an extension of their contract with the Government for the delivery of guns for the use of the navy; which was referred to the Committee on Naval Affairs.

On motion by Mr. Merrick,

Ordered , That John H. Pennington and Thomas Quantrill have leave to withdraw their respective petitions and papers.

On motion by Mr. Morehead,

Ordered , That the heirs of James Sympson have leave to withdraw their petition and papers.

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

Resolved , That the Secretary of the Navy be directed to inform the Senate whether, since the 4th day of August, 1842, any appointments had been made of acting midshipmen or of master's mates, under the age of 0074 74 twenty-one years, in the navy of the United States; and if any such appointments have been made, of either class of officers, to state by what authority they have been made; the number appointed; to what ships they are attached; when they were appointed; and the names and ages, respectively, of the individuals so appointed.

Mr. Phelps, from the Committee on Indian Affairs, to whom the documents relating to the claim of Benjamin Murphy were referred, reported a bill (S. 47) for his relief; which was read, and passed to the second reading.

Mr. Berrien, from the Committee on the Judiciary, to whom the subject was referred, reported a bill (S. 48) to increase the salary of the judge of the district court of the United States for the western district of Virginia; which was read, and passed to the second reading.

Mr. Berrien, from the Committee on the Judiciary, to whom was referred the petition of M. M. Quackenbos and others, reported a bill (S. 49) to authorize the Secretary of the Treasury to make an arrangement or compromise with any of the sureties on bonds given to the United states by Samuel Swartwout, late collector of the customs for the port of New York; which was read, and passed to the second reading.

The Senate proceeded to consider the resolution reported by the Committee on Commerce, on the petition of the owners and masters of vessels of Albany, New York, in relation to the marine hospital fund; and, in concurrence therewith,

Resolved , That the Committee on Commerce be discharged from the further consideration of the subject.

The Senate proceeded to consider the resolution submitted by Mr. Breese the 11th instant, respecting the alterations which may be necessary to give effect to the act of Congress of the 13th of August, 1841, entitled “An act to repeal the act entitled ‘An act to provide for the collection, safe keeping, transfer, and disbursement of the public revenue,’ and to provide for the punishment of embezzlers of public money, and for other purposes;” and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted yesterday by Mr. Benton, relating to the payment of an annuity to the Winnebago Indians; and the resolution was agreed to.

Mr. Benton submitted a document relating to the payment of an annuity to the Winnebago Indians; which was referred to the Committee on indian Affairs.

The bill (H. R. 50) to supply a deficiency in the appropriation for the fiscal year ending the 30th of June, 1844, for the relief and protection of American seamen, was read the first and second times by unanimous consent, and referred to the Committee on Finance.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 20) to provide for the adjustment of land claims within the States of Louisiana, Mississippi, Alabama, Arkansas, and for other purposes, together with, the amendment reported thereto; and,

On motion by Mr. Henderson,

Ordered , That the further consideration thereof be postponed to Wednesday, the 24th instant.

After the consideration of Executive business,

The Senate adjourned.

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WEDNESDAY, January 17, 1844. Link to Annals.

The President pro tempore laid before the Senate a report of the Secretary of War, communicating information in compliance with the resolution of the Senate of the 20th December last, in regard to the proceedings under the Cherokee treaty of 1835; which was read.

On motion, by Mr. Jarnagin, that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

The President pro tempore laid before the Senate a report of the Secretary of the Treasury, made agreeably to law, showing the state of the affairs of the incorporated banks in the District of Columbia at the close of the year 1848; which was read, and referred to the Committee on the District of Columbia.

Mr. Atchison presented a petition of citizens of St. Charles county, in the State of Missouri, praying that the purchasers of certain public lands, which appear to have been reserved for public schools, may be confirmed in their possession, and that other lands may be set apart for public schools in their stead; which was referred to the Committee on Public Lands.

Mr. Woodbury presented the petition of Pearson Cogswell, late marshal of the United States for the district of New Hampshire, praying, the payment of a judgment rendered in his favor in a suit instituted against him by the United States; which was referred to the Committee on the Judiciary.

Mr. Huger presented a petition of citizens of Charleston, in the State of South Carolina, praying an appropriation for completing the repairs of the custom-house at that place; which was referred to the Committee on Finance.

Mr. Evans presented the petition of Levi S. Bartlett, praying to be indemnified for the loss he has sustained by the violation of a contract with an agent of the Government for laying down tubes for an electro-magnetic telegraph; which was referred to the Committee of Claims.

Mr. Breese presented a memorial adopted at a meeting of citizens of Richland county, Illinois, praying a grant of land to improve the navigation of the Wabash river; which was referred to the Committee on Public Lands.

On motion, by Mr. Breese, that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

Mr. Bayard presented four memorials of citizens of the city and county of Philadelphia, praying an appropriation for the construction of a dry dock at that place; which were referred to the Committee on Naval Affairs.

Mr. Morehead presented eleven memorials of citizens of Cincinnati and its vicinity, in the State of Ohio, praying a reduction of the rates of postage and a restriction of the franking privilege; which were referred to the Committee on the Post Office and Post Roads.

Mr. Merrick presented a petition of citizens of Seneca Falls, in the State of New York, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Phelps presented the memorial of William Rich, praying compensation for services as clerk in the office of the Paymaster General; which was referred to the Committee of Claims.

Mr. Fulton presented the petition of Josiah Garland, praying the confirmation 0076 76 of his title ton tract of land in the State of Arkansas; which was referred to the Committee on Private Land Claims.

On motion by Mr. Woodbury,

Ordered , That the petition of Walter Loomis and Abel Gay, on the files of the Senate, be referred to the Committee of Claims.

Mr. Fairfield, from the Committee on Printing, reported in favor of printing the report of the Secretary of War, showing the applications for pensions or increase, of pensions rejected during the year 1843; and,

Ordered , That the report be printed.

Mr. Tappan, from the Committee on Private Land Claims, to whom was referred the petition of the widow and heirs of Elihu Hall Bay, submitted an adverse report; which was ordered to be printed.

Mr. Jarnagin, from the Committee on Public Lands, to whom was referred the bill (S. 7) relative to the office of surveyor general for the States of Ohio, Indiana, and Michigan, reported it without amendment. Mr. Jarnagin also submitted a report on the subject; which was ordered to be printed.

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 50) to supply a deficiency in the appropriation for the fiscal year ending the 30th June, 1844, for the relief and protection of American seamen; and no amendment being made, it was reported to the Senate.

Ordered , That it pass to a third reading.

The said bill was read a third time.

Resolved , That it pass.

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

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 33) to grant a certain quantity of land to aid in the improvement of the Fox and Wisconsin rivers, and to connect the same by means of a canal in the Territory of Wisconsin, and, having been amended, it was reported to the Senate.

On motion by Mr. Haywood,

Ordered , That the further consideration thereof be postponed until tomorrow.

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

To the Senate of the United States:

In compliance with the resolution of the Senate of the 26th ultimo, I transmit herewith a report of the Secretary of War, with a copy of the proceedings of the court martial in the case of Second Lieutenant D. C. Buell, 3d infantry, and of all orders and papers in relation thereto.

It will be perceived that at the date of the resolution the final action of the Executive was not had upon the case; that action having since taken place, it is communicated with the papers.

JOHN TYLER.

Washington City , January 17, 1844.

The message was read.

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

After the consideration of Executive business,

The Senate adjourned.

0077 77
THURSDAY, January 18, 1844. Link to Annals.

The President pro tempore laid before the Senate a report of the Postmaster General, made in compliance with at resolution of the Senate, showing the number of letters, newspapers, pamphlets, &c., which passed through the mails of the United States during the month of October last; which was read, referred, to the Committee on the Post Office and Post Roads, and ordered to be printed.

Mr. Buchanan presented a petition of citizens of western Pennsylvania, praying an amendment to the Constitution of the United States and the repeal of acts authorizing the transportation of the mail on the Sabbath day.

On motion by Mr. Buchanan,

Ordered , That it lie on the table.

Mr. Wright presented a petition of manufacturers of looking-glass frames and others, citizens of New York, praying a reduction of the duties on imported looking-glass plates and plate glass unsilvered; which was referred to the Committee on Finance.

Mr. Tappan presented the petition of Charles C. Little and James Brown, of Boston, Massachusetts, praying a subscription, on the part of the United States, to a stereotype edition of the Laws of the United States, which they propose to publish; which was referred to the Committee on the Library.

Mr. Tappan submitted a communication from B. Silliman, executor of Colonel John Trumbull, deceased, proposing to dispose of two manuscript records of the decisions of the commissioners for the liquidation of claims under the treaty concluded by John Jay, prepared by Mr. Trumbull, one of the commission; which was referred to the Committee on the Library.

Mr. Woodbridge presented a petition of citizens of the State of Indiana, praying a grant of land to aid in the completion of the Wabash and Erie canal; which was referred to the Committee on Public Lands.

Mr. Evans, from the Committee on Finance, to whom was referred the petition of the vestry and churchwardens of the parish of St. Philip, in Charleston, South Carolina, reported “that the committee be discharged from the further consideration of the petition.”

The Senate proceeded to consider the report; and

Resolved , That the committee be discharged from the further consideration of the petition.

The Senate resumed the consideration of the bill (S. 33) to grant a certain quantity of land to aid in the improvement of the Fox and Wisconsin rivers, and to connect the same by means of a canal in the Territory of Wisconsin; and,

On motion by Mr. Evans,

Ordered , That the further consideration thereof be postponed until to-morrow.

On motion by Mr. Evans,

The Senate proceeded to consider the resolutions reported by the Committee on Finance the 9th instant, in relation to the bill “to revive the act of the 2d March, 1833, usually called the compromise act, and to modify the existing duties upon foreign imports in conformity with its provisions;” and, after debate,

On motion by Mr. Evans,

The Senate adjourned.

0078 78
FRIDAY, January 19, 1844. Link to Annals.

The President pro tempore laid before the Senate a report of the Secretary of the Treasury, accompanied by a report of the Fifth Auditor, on the state of the light-house establishment of the United States; which was read, and referred to the Committee on Commerce.

The President pro tempore laid before the Senate a report of the Secretary of the Navy, made agreeably to law, showing the rejected applications for pensions under the navy pension laws; which was read.

The President pro tempore laid before the Senate a report of the Secretary of War, made agreeably to law, showing the contingent expenditures for the military establishment during the year 1843; which was read.

The President pro tempore laid before the Senate a report, made in compliance with a resolution of the Senate, showing the proceedings under the joint resolution of March 3, 1839, for settling the title to the Pea Patch island; which was read.

On motion, by Mr. Benton, that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

Mr. Barrow presented the petition of James Ritchie, late surgeon and attending physician at the United States marine hospital at New Orleans, praying the payment of a balance due on a settlement of his accounts; which was referred to the Committee of Claims.

Mr. Jarnagin presented a communication from J. Catton, in relation to the propriety of increasing the salary of the district judge of the United States for the three districts of Tennessee; which was referred to the Committee on the Judiciary.

Mr. Huger presented a memorial of William Clark and others, citizens of South Carolina, praying that the act of 1832, exempting railroad iron from the payment of duties, may be revived; which was referred to the Committee on Finance.

Mr. Wright presented the memorial of the Long Island Railroad Company, praying a remission of the duties on certain railroad iron; which was referred to the Committee on Finance.

On motion, by Mr. Wright, that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

Mr. Wright presented a preamble and resolution passed by the Legislature of the State of New York, instructing the Senators and requesting the Representatives of that State in Congress to use their efforts to procure the enactment of a law refunding the fine imposed on General Jackson in 1815.

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

Mr. Sturgeon presented the petition of the children and heirs of Thomas D. Conover, a deceased revolutionary soldier, praying a grant of land; which was referred to the Committee on Revolutionary Claims.

Mr. Fairfield presented a petition of Robert Towne and others, inhabitants of Kennebunk, in the State of Maine, praying indemnity for French spoliations prior to 1800; which was referred to the Committee on Foreign Relations.

Mr. Hannegan presented a petition of citizens of the State of Indiana, praying that the rates of postage may be reduced and the franking privilege discontinued; which was referred to the Committee on the Post Office and Post Roads.

0079 79

Mr. Hannegan presented a petition of citizens of New Albany, Indiana, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Jarnagin presented the petition of William Henson, praying compensation for enrolling and subsisting emigrating Cherokee Indians; which was referred to the Committee on Indian Affairs.

Mr. Bayard presented the petition of William N. Ivey, praying an extension of his contract with the United States for the delivery of live oak timber at Gosport, in Virginia; which was referred to the Committee on Naval Affairs.

On motion by Mr. Bayard,

Ordered , That the petition of the heirs of Robert Fulton, on the files of the Senate, be referred to the Committee on Naval Affairs.

On motion by Mr. Sturgeon,

Ordered , That Joseph Patten have leave to withdraw his petition and papers.

On motion by Mr. Evans,

Ordered , That William Blake have leave to withdraw the papers which accompany his petition.

On motion by Mr. Dayton,

Ordered , That leave be granted to withdraw from the files of the Senate the memorial of members of the bar in New Jersey in relation to holding the district court of the United States at Trenton.

On motion by Mr. Evans,

Ordered , That the memorial of the Georgia Railroad Company be printed.

Mr. Fairfield, from the Committee on Printing, reported in favor of printing the following subjects:

Memorial of citizens of Illinois, praying a grant of land to improve the navigation of the Wabash river.

Report of the Secretary of War in relation to the payment of the awards of the commissioners under the Cherokee treaty of 1835–'36; and,

Ordered , That the memorial and report be printed.

Mr. Dayton, from the Committee on Military Affairs, to whom was referred the petition of Mark Simpson, submitted a report, accompanied by a bill (S. 50) for his relief.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

The Senate proceeded to consider the report of the Committee on Revolutionary Claims on the petition of the heirs of Daniel Trueheart; and,

On motion by Mr. Archer,

Ordered , That it lie on the table.

The Senate proceeded to consider the report of the Committee on Revolutionary Claims on the petition of Elizabeth Lomax, heir of William Lindsay; and,

On motion by Mr. Archer,

Ordered , That it lie on the table.

The Senate proceeded to consider the report of the Committee on the Post Office and Post Roads on the petition of E. B. Ward and S. Ward; and,

On motion by Mr. Woodbridge,

Ordered , That it lie on the table.

0080 80

The Senate proceeded to consider the report of the Committee on Revolutionary Claims on the petition of the heir of Charles Morgan; and, in concurrence therewith,

Resolved , That the prayer of the petitioner be-denied.

The Senate resumed the consideration of the bill (S. 33) to grant a certain quantity of land to aid in the improvement of the Fox and Wisconsin rivers, and to connect the same by means of a canal in the Territory of Wisconsin; and, having been further amended,

On motion by Mr. Allen,

Ordered , That the further consideration thereof be postponed until to-morrow.

The President pro tempore laid before the Senate a report of the Secretary of the Treasury, made agreeably to law, showing the debtors of the United States who have applied for the benefit of the insolvent law; which was read.

On motion by Mr. Archer,

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

The Senate resumed the consideration of the resolutions reported by the Committee on Finance in relation to the bill (S. 19) to revive the act of 2d March, 1833, usually called the compromise act, and to modify the existing duties upon foreign imports in conformity with its provisions; and,

After debate, and the consideration of Executive business,

The Senate adjourned.

MONDAY, January 22, 1844. Link to Annals.

Mr. Huntington presented a memorial of citizens of Middletown, Connecticut, praying a reduction of the rates of postage and a discontinuance of the franking privilege; which was referred to the Committee on the Post Office and Post Roads.

Mr. Choate presented a memorial of distillers of spirits in Boston, Massachusetts, praying that a drawback may be allowed on domestic spirits manufactured from foreign molasses equal to the duty imposed on that article; which was referred to the Committee on Finance.

On motion, by Mr. Choate, that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

Mr. Choate presented a memorial of merchants of the city of Boston, Massachusetts, praying that a drawback may be allowed on domestic spirits manufactured from foreign molasses equal to the duty imposed on that article; which was referred to the Committee on Finance.

On motion, by Mr. Choate, that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

Mr. Choate presented a petition of citizens of Boxborough, Massachusetts, praying that in treaties which may hereafter be formed between the United States and foreign Powers, provision may be made for an amicable adjustment of international difficulties; which was ordered to lie on the table.

Mr. Buchanan presented a petition of citizens of Philadelphia, Pennsylvania, praying that the banking house of the late Bank of the United States in that city may be purchased for a custom-house; which was referred to the Committee on Commerce.

Mr. Phelps presented resolutions passed by the Legislature of the State 0081 81 of Vermont, instructing the Senators and requesting the Representatives of that State in Congress to oppose the repeal of the present revenue laws, and to use their exertions to secure adequate protection to all branches of American industry; which were read, and ordered to be printed.

Mr. Phelps presented a resolution passed by the Legislature of the State of Vermont, instructing the Senators and requesting the Representatives of that State in Congress to use their exertions to procure the enactment of a law granting pensions for life to the widows of revolutionary officers and soldiers, and to all such as now are, or may hereafter become, the widows of such officers and soldiers, whose marriage took place prior to the year 1800; which was read, and referred to the Committee on Pensions.

Mr. Wright presented the memorial of the widow of Captain James Lawrence, deceased, late an officer in the navy, praying a renewal of her pension; which was referred to the Committee on Naval Affairs.

Mr. Wright presented the petition of John G. Tibbets, praying compensation for work on the custom-house in New York; which was referred to the Committee of Claims.

Mr. Evans presented a memorial of masters and owners of vessels employed in the coasting trade and fisheries, residing in Maine, New Hampshire, and Massachusetts, praying an appropriation for the construction of a light-house on the western point at the entrance of York harbor; which was referred to the Committee on Commerce.

Mr. Buchanan presented the petition of the son and heir of the late Admiral Count De Grasse, praying compensation for the services of his father during the revolutionary war; which was referred to the Committee on Revolutionary Claims.

Mr. Evans presented the petition of the heirs of Nathan Daggett, deceased, praying compensation for his services in the revolutionary war; which was referred to the Committee on Revolutionary Claims.

Mr. Buchanan presented a memorial of James Cox, president of the Lehigh Coal and Navigation Company and others, interested in the transportation of coal on the Lehigh and Schuylkill canal, praying that canal boats employed in the domestic coal trade may not be subjected to the law requiring licenses from vessels engaged in the coasting trade; which was referred to the Committee on Commerce.

Mr. Buchanan presented a petition of citizens of Erie, Pennsylvania, praying an appropriation for completing the harbor at that place; which was referred to the Committee on Commerce.

Mr. Sturgeon presented a preamble and resolution passed by the General Assembly of the Commonwealth of Pennsylvania, instructing the Senators and requesting the Representatives of that Commonwealth in Congress to oppose any appropriation by Congress for the construction of a bridge across the Ohio river at Wheeling; which was read, and ordered to be printed.

Mr. Hannegan presented a petition or citizens of the State of Indiana, praying the establishment of an armory at Pittsburg, in that State; which was referred to the Committee on Military Affairs.

Mr. Woodbury presented the petition of the widow of Nathan Blood, a deceased revolutionary soldier, praying a pension; which was referred to the Committee on Pensions. 6

0082 82

On motion by Mr. Upham,

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

On motion by Mr. Rives,

Ordered , That the petition of the administrator of William Grayson, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. White,

Ordered , That the administrator of John Judge have leave to withdraw his petition and papers.

Mr. Semple submitted the following resolution for consideration:

Resolved , That the President of the United States be requested to cause to be communicated to the Senate—

1. A list of all the consuls, vice consuls, and commercial agents, now in the service of the United States, together with the country and particular port or place at which they reside.

2. Whether all the consuls, vice consuls, and commercial agents, aforesaid, have made regular returns of the fees and perquisites which they have received, and of the tonnage and commerce of the United States within their respective consulates or agencies, according to the instructions of the Secretary of State.

3. The amount of fees and perquisites which each consul, vice consul, and commercial agent, has received during the years 1842 and 1843, as far as returns have been received.

4. The number of vessels and the amount of tonnage of the United States which entered and cleared within each of the consulates and agencies aforesaid, during the year 1842 and the year 1843, as far as returns have been received; and, also, the number of seamen belonging to the United States that have been provided for and sent home from each of the said consulates during the time aforesaid.

A message from the House of Representatives, by Mr. McNulty, their Cleric:

Mr. President: The Speaker of the House of Representatives having signed an enrolled bill, I am directed to bring it to the Senate for the signature of the President.

Mr. Hannegan reported from the committee that they had examined and found duly enrolled the bill (H. R. 50) entitled “An act to supply a deficiency in the appropriation for the fiscal year ending the 30th of June, 1844, for the relief and protection of American seamen.”

The President pro tempore signed the enrolled bill last reported to have been examined, and it was delivered to the committee, to be presented to the President of the United States.

Mr. Merrick, agreeably to notice, asked and obtained leave to bring in a bill (S. 51) to reduce the rates of postage, to limit the use and correct the abuse of the franking privilege, and for the prevention of frauds on the revenue of the Post Office Department; which was read the first and second times by unanimous consent, and referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Merrick,

Ordered , That the bill be printed.

Mr. Bayard, agreeably to notice, asked and obtained leave to bring in a resolution (S. 3) authorizing the investment of the naval hospital fund; 0083 83 which was read the first and second times by unanimous consent, and referred to the Committee on Naval Affairs.

On motion by Mr. Fairfield,

The vote ordering the report of the Secretary of War in relation to the payment of the awards of the commissioners under the Cherokee treaty of 1835–'36 to be printed, was reconsidered; and,

On motion by Mr. King,

Ordered , That the motion to print the said report be recommitted to the Committee on Printing.

Mr. Fairfield, from the Committee on Printing, reported against printing the said report; and

The report was concurred in.

Mr. Fairfield, from the Committee on Printing, reported in favor of printing the following subjects:

Memorial of the Long Island Railroad Company.

Report of the Secretary of War, relative to the Pea Patch island; and,

Ordered , That the memorial and report be printed.

Mr. Miller, from the Committee on the District of Columbia, to whom a memorial of members of the bar in the town of Alexandria was referred, reported a bill (S. 52) requiring one of the judges of the circuit court for the District of Columbia hereafter to reside in Alexandria; which was read, and passed to the second reading.

Mr. Miller, from the Committee on the District of Columbia, to whom the memorial of the president and directors of the Georgetown College was referred, reported a bill (S. 53) to incorporate the Georgetown College, in the District of Columbia; which was read, and passed to the second reading.

Mr. Hannegan reported, from the committee, that they had this day presented to the President of the United States the enrolled bill (H. R. 50) to supply a deficiency in the appropriation for the fiscal year ending the 30th of June, 1844, for the relief and protection of American seamen.

The Senate resumed the consideration of the resolutions in relation to the bill (S. 19) to revive the act of the 2d of March, 1893, usually called the compromise act, and to modify the existing duties upon foreign imports in conformity with its provisions; and

After debate, and the consideration of Executive business,

The Senate adjourned.

TUESDAY, January 23, 1844. Link to Annals.

The President pro tempore laid before the Senate a letter from the honorable William Sprague, notifying the Senate of his having resigned his seat in the Senate of the United States; which was read.

The President pro tempore laid before the Senate a report of the Secretary of War, made in compliance with a resolution of the Senate, relative to fortifying the keys and islands around Cape Florida and to the construction of a railroad across the peninsula of Florida; which was read.

The President pro tempore laid before the Senate a report of the Secretary of War, made agreeably to law, showing the names, dates of appointment, and pay, of all persons employed in the service of the Indian department during the year 1843; which was read.

0084 84

On motion, by Mr. Sevier, that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

Mr. White presented a resolution, passed by the General Assembly of the State of Indiana, instructing the Senators and requesting the Representatives of that State in Congress to vote for the bill refunding to General Andrew Jackson the fine imposed by Judge Hall in 1815; to oppose any proposition for the assumption by the United States of the debts of the several States; and to use their exertions to prevent the further distribution of the proceeds of the sales of the public lands; which was read, and ordered to be printed.

Mr. White presented a petition of citizens of Clermont county, Ohio, praying a grant of land to aid in the completion of the Wabash and Erie canal; which were referred to the Committee on Public Lands.

Mr. White presented three petitions of citizens of the State of Indiana, praying a grant of public land to aid in the completion of the Wabash and Erie canal; which were referred to the Committee on Public Lands.

Mr. Bates presented a petition of citizens of Northampton, Massachusetts, praying a reduction of the rates of postage and the discontinuance or restriction of the franking privilege; which was referred to the Committee on the Post Office and Post Roads.

Mr. Bates presented resolutions passed by the Legislature of the Commonwealth of Massachusetts, in favor of the speedy settlement of the claims to indemnity for French spoliations prior to 1800; which were referred to the Committee on Foreign Relations, and ordered to be printed.

Mr. Bates presented resolutions passed by the Legislature of the Commonwealth of Massachusetts, requesting the Senators and Representatives of that Commonwealth in Congress to oppose any proposition for the annexation of Texas to the Union; which were read, and ordered to be printed.

Mr. Clayton presented the memorial of Alonzo B. Davis, an officer in the naval service, praying compensation for the performance of duties appertaining to officers of a higher grade; which was referred to the Committee on Naval Affairs.

Mr. Bayard presented the memorial of C. W. Denison, praying that the patronage of the Government may be extended to a work published by him, devoted to the moral and intellectual improvement of seamen; which was referred to the Committee on Naval Affairs.

Mr. Wright presented the petition of John Keith, a revolutionary soldier, praying a pension; which was referred to the Committee on Pensions.

Mr. Woodbury presented the petition of John Chew, surveyor and inspector of the port of Havre de Grace, in the State of Maryland, praying an increase of compensation; which was referred to the Committee on Commerce.

Mr. Buchanan presented two petitions of citizens of Crawford county, Pennsylvania, praying a reduction of the rates of postage; which were referred to the Committee on the Post Office and Post Roads.

Mr. Atherton presented the petition of Hezekiah Hamlet, a revolutionary soldier, praying a pension; which was referred to the Committee on Pensions.

On motion by Mr. Fulton,

Ordered , That the petition of John D. Gibson, on the files of the Senate, be referred to the Committee on Naval Affairs.

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On motion by Mr. Jarnagin,

Ordered , That one thousand additional copies of the bill (S. 51) to reduce the rates of postage, and to limit the use and correct the abuse of the franking privilege, and for the prevention of frauds on the revenue of the Post Office Department, be printed for the use of the Senate.

Mr. Bates presented resolutions of the Commonwealth of Massachusetts, recommending to the consideration of Congress an amendment to the Constitution of the United States, providing that the third clause of the second section of the first article shall read as follows: “Representation and direct taxes shall be apportioned among the several States which are or may be included within this Union according to their respective numbers of free persons, excluding Indians not taxed. The actual enumeration shall be made within two years from the date of the adoption of this amendment, in the manner provided by the Constitution, and within every subsequent term of ten years, in such manner as the Congress shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative” which resolutions were read.

On motion, by Mr. Bates, that they, be printed,

It was determined in the negative,

Yeas, 14,

Nays, 96.

On motion by Mr. Bagby,

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

Those who voted in the affirmative, are,

Messrs. Archer, Barrow, Bates, Bayard, Choate, Clayton, Crittenden, Evans, Miller, Morehead, Porter of Michigan, Upham, White, Woodbridge.

Those who voted in the negative, are,

Messrs. Allen, Atchison, Atherton, Bagby, Benton, Berrien, Breese, Buchanan, Colquitt, Fairfield, Fulton, Haywood, Henderson, Huger, Jarnagin, King, McDuffie, Mangum, Merrick, Rives, Semple, Sevier, Sturgeon, Tappan, Woodbury, Wright.

Mr. Breese, agreeably to notice, asked and obtained leave to bring in a bill (S. 54) to improve the navigation of the upper Mississippi river; which was read the first and second times by unanimous consent, and referred to the Committee on Commerce.

Mr. Berrien, from the Committee on the Judiciary, reported a bill (S. 55) directing the disposition of certain unclaimed goods, wares, or merchandise, seized for being illegally imported into the United States; which was read, and passed to the second reading.

Mr. Haywood, from the Committee on Naval Affairs, to whom were referred the petition of the president and directors of the Tredegar Company, of Richmond, Virginia, and the petition of William N. Ivey, reported a bill (S. 56) to afford relief to certain contractors with the Government; which was read, and passed to the second reading.

Mr. Bayard, agreeably to notice, asked and obtained leave to bring in a bill (S. 57) providing for the establishment of a school of instruction in the naval service of the United States; which was read the first and second times by unanimous consent, and referred to the Committee on Naval Affairs.

Mr. Atchison, from the Select Committee to whom was referred the bill (S. 23) to facilitate and encourage the settlement of the Territory of Oregon, reported it without amendment.

0086 86

The Senate resumed the consideration of the resolutions in relation to the bill (S. 19) to revive the act of 2d March, 1833, asually called the compromise act, and to modify the existing duties upon foreign imports in conformity with its provisions; and,

After debate,

On motion by Mr. McDuffie,

The Senate adjourned.

WEDNESDAY, January 24, 1844. Link to Annals.

Mr. Huntington presented a petition of citizens of Hartford, Connecticut, praying a reduction of the rates of postage and a discontinuance of the franking privilege; which was referred to the Committee on the Post Office and Post Roads.

Mr. Wright presented a petition of the managers of the New York Institution for the blind, inviting the members of the Senate to an exhibition of the pupils of that institution which they propose to hold in the Hall of the House of Representatives; which was read, and ordered to lie on the table.

Mr. Atchison presented the memorial of David Myerle, praying indemnity for loss sustained under a contract to supply water-rotted hemp for the navy; which was referred to the Committee on Naval Affairs.

Mr. Woodbridge presented a memorial of the corporate authorities of the city of Monroe, in the State of Michigan, praying an appropriation for completing the harbor at that place; which was referred to the Committee on Commerce.

Mr. Buchanan presented a petition of citizens of Erie, Pennsylvania, praying an appropriation for completing the harbor at that place; which was referred to the Committee on Commerce.

Mr. Barrow presented the memorial of J. H. Caldwell and others, praying to be released from liability as sureties on bonds given by the New Orleans and Nashville Railroad Company, to secure the payment of duties on railroad iron; which was referred to the Committee on Finance.

On motion by Mr. Atchison,

Ordered , That the petition of Francis Cooper, on the files of the Senate, be referred to the Committee on Indian Affairs.

On motion by Mr. Archer,

Ordered , That the representatives of Gustavus B. Horner have leave to withdraw their petition and papers.

On motion by Mr. Jarnagin,

Ordered , That, on application of the chairman of the Committee on Indian Affairs of the House of Representatives, the report of the Secretary of War relative to the payment of the awards of the commissioners under the Cherokee treaty of 1835-'36, communicated to the Senate the 17th instant, be delivered to him.

On motion by Mr. King,

Ordered , That the report of the Secretary of War in relation to the construction of certain public works in Florida be printed.

On motion by Mr. Fairfield,

Ordered , That the vacancies in the several committees, occasioned by the resignation of the honorable William Sprague, be filled by the President pro tempore; and

0087 87

Mr. Pearce was appointed on the Committee on Private Land Claims.

Mr. Upham was appointed on the Committee on Printing.

Mr. Atherton was appointed on the Committee on Engrossed Bills.

Mr. Fairfield, from the Committee on Printing, reported in favor of printing the report of the Secretary of War, exhibiting the names and salaries of the persons employed in the Indian department during the year 1843.

The Senate proceeded to consider the resolution submitted by Mr. Semple the 22d instant, in relation to the consuls, vice consuls, and commercial agents of the United States; and,

On motion by Mr. Huntington,

Ordered , That the further consideration thereof be postponed until to-morrow.

The Senate proceeded to consider the report of the Committee on the Post Office and Post Roads on the petition of E. B. Ward and S. Ward; and, in concurrence therewith,

Resolved , That the relief prayed be denied.

The Senate resumed the consideration of the bill (S. 33) to grant a certain quantity of land to aid in the improvement of the Fox and Wisconsin rivers, and to connect the same by means of a canal in the Territory of Wisconsin, together with the amendments made in Committee of the Whole; and, the amendments having been concurred in,

A motion was made, by Mr. Tappan, further to amend the bill; and,

On motion by Mr. Tappan,

Ordered , That the further consideration of the bill be postponed until to-morrow.

The Senate resumed the consideration of the resolutions reported by the Committee on Finance in relation to the bill (S. 19) to revive the act of the 2d March, 1833, usually called the compromise act, and to modify the existing duties upon foreign imports in conformity with its provisions; and,

On motion by Mr. King,

Ordered , That the further consideration thereof be postponed to Monday, the 29th instant.

After the consideration of Executive business,

The Senate adjourned.

THURSDAY, January 25, 1844. Link to Annals.

The President pro tempore laid before the Senate a report of the Secretary of the Navy, made agreeably to law, showing the contracts made by the several bureaus of that department during the year 1843; which was read.

Mr. Foster presented the memorial of Eliza Maury, widow of a deceased naval officer, praying a pension; which was referred to the Committee on Pensions.

Mr. Huntington presented a petition of the Hartford and New Haven Railroad Company, praying a remission of the duties on certain importations of railroad iron; which was referred to the Committee on Finance.

Mr. Sturgeon presented a petition of citizens of Washington county, Pennsylvania, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

0088 88

Mr. Wright presented the memorial of Hiram Barney; in behalf of himself and the other purchasers of lands in the Sac and Fox reservation, praying that the act of 3d March, 1843, directing a survey of the northern boundary line of that tract, may be repealed, and that the present boundary may be recognised and affirmed; which was referred to the Committee on Private Land Claims.

Mr. Wright presented the petition of James W. Low, praying compensation for his participation in the capture of a British private armed schooner during the last with Great Britain; which was referred to the Committee on Commerce.

Mr. Wright presented a letter from C. Edwards Lester, United States consul at Genoa, relating to a library, belonging to the Durazzo family, now offered for sale; which was referred to the Committee on the Library.

Mr. Fulton presented the memorial of Mary Ann Morrice, widow of a deceased naval seaman, praying that the pension she has heretofore received may be continued; which was referred to the Committee on Pensions.

Mr. Tallmadge presented the petition of the administrator of John Judge, deceased, praying compensation for a machine to test the strength of cables; which was referred to the Committee on Naval Affairs.

Mr. Foster, from the Committee on Military Affairs, to whom was referred the memorial of William De Peyster and Henry N. Cruger, reported a bill (S. 58) for their relief; which was read, and passed to the second reading.

Mr. Barrow, from the Committee on Military Affairs, reported a bill (S. 59) to repeal so much of the act approved the 23d of August, 1842, as requires the second regiment of dragoons to be converted into a regiment of riflemen after the 4th day of March, 1843; which was read, and passed to the second reading.

Mr. Upham, from the Committee on Revolutionary Claims, to whom was referred the petition of George Yates, submitted an adverse report; which was ordered to be printed.

The Senate proceeded to consider the resolution submitted by Mr. Semple the 22d instant, in relation to the consuls, vice consuls, and commercial agents of the United States, which was amended on the motion of Mr. Foster, and agreed to as follows:

Resolved , That the President of the United States be requested to cause to be communicated to the Senate—

1. A list of all consuls, vice consuls, and commercial agents, now in the service of the United States, together with the country and particular port or place at which they reside, distinguishing such as are citizens of the United States from such as are not.

2. Whether all the consuls, vice consuls, and commercial agents, aforesaid, have made regular returns of the fees and perquisites which they have received, and of the tonnage and commerce of the United States within their respective consulates or agencies, according to the instruction of the Secretary of State.

3. The amount of fees and perquisites which each consul, vice consul, and commercial agent, has received during the years 1849 and 1843, as far as returns have been received.

4. The number of vessels and the amount of tonnage of the United States which entered and cleared within each of the consulates and agencies 0089 89 aforesaid, during the year 1842 and the year 1843, as soon as returns have been received; and, also, the number of seamen belonging to the United States that have been provided for and sent home from each of the said consulates during the time aforesaid.

The Senate resumed the consideration of the bill (S. 33) to grant a certain quantity of land to aid in the improvement of the Fox and Wisconsin rivers, and to connect the same by means of a canal in the Territory of Wisconsin; and, having been further amended,

On motion by Mr. Bagby,

Ordered , That the further consideration of the bill be postponed until to-morrow.

The Senate resumed the consideration of the resolution submitted by Mr. Semple the 8th instant, in relation to the 3d article of the treaty of the 18th October, 1818, with Great Britain; and,

On motion by Mr. Buchanan,

Ordered , That the further consideration thereof be postponed to Tuesday next.

On motion by Mr. Evans,

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

After the consideration of Executive business,

The Senate adjourned.

MONDAY, January 29, 1844. Link to Annals.

The honorable James F. Simmons, from the State of Rhode Island and Providence Plantations, attended.

Mr. Foster presented the memorial of the Legislature of the State of Tennessee, praying the establishment of a Western armory and naval dock yard and depot at Memphis, in that State; which was referred to the Committee on Naval Affairs, and ordered to be printed.

Mr. Merrick presented the petition of John H. Pennington, praying that an appropriation of money may be made to test the practicability of a machine, of which he is the inventor, to navigate the air; which was referred to the Committee on Military Affairs.

Mr. Merrick presented a petition of citizens of Prince George's county, Maryland, a petition of citizens of Fairfax county, Virginia, and a petition of citizens of Alexandria, in the District of Columbia, severally praying an extension of the charters of the Bank of Potomac and the Farmers' Bank of Alexandria; which were referred to the Committee on the District of Columbia.

Mr. Evans presented the petition of Thaw & Corser, contractors for carrying the mail, praying additional compensation; which was referred to the Committee on the Post Office and Post Roads.

Mr. White presented the petition of Micah French, a soldier in the last war with Great Britain, praying arrears of pension; which was referred to the Committee on Pensions.

Mr. Wright presented a petition of citizens of Orleans county, New York, praying a reduction of the rates of postage and the discontinuance of the franking privilege; which was referred to the Committee on the Post Office and Post Roads.

Mr. Wright presented the memorial of Edward C. Delavan, praying 0090 90 a grant of land to aid in the completion of the Wabash and Erie canal; which was referred to the Committee on Public Lands.

Mr. King presented a petition of citizens of Alexandria, in the District of Columbia, praying the passage of an act to prevent the common council from increasing the present debt of their corporation, and to equalize the burdens of taxation; which was referred to the Committee on the District of Columbia.

On motion, by Mr. King, that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

Mr. Woodbridge presented the petition of John Martin, an officer in the last war with Great Britain, praying arrears of pension; which was referred to the Committee on Pensions.

Mr. Fulton presented the petition of citizens of the State of Arkansas, praying the right of pre-emption to certain lands in that State; which was referred to the Committee on Public Lands.

Mr. Fairfield presented a petition of citizens of York, in the State of Maine, praying the erection of a light-house at the entrance of York harbor; which was referred to the Committee on Commerce.

Mr. Buchanan presented a petition of citizens of Easton, Pennsylvania, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Sevier submitted the following resolution, 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 a mail route from Clarksville, in Johnson county, to Carrollton, in Carroll county, State of Arkansas.

Mr. Bayard presented the memorial of Charles W. Morgan, a captain in the United States navy, praying the reimbursement of expenses incurred in the performance of extra official duties while in the command of the Mediterranean squadron; which was referred to the Committed on Naval Affairs.

Mr. Bayard presented a memorial of citizens of Delaware county, Pennsylvania, praying the construction of a dry dock at Philadelphia; which was referred to the Committee on Naval Affairs.

On motion by Mr. Crittenden,

Ordered , That Balie Peyton have leave to withdraw his petition and papers.

On motion, by Mr. Henderson, that the report of the Secretary of the Treasury of the amounts due to the State of Mississippi on account of the two per cent. fired, the three per cent. fund, and the distribution fired, and the amount paid on account of each of said funds, be printed,

Ordered , That the motion be referred to the Committee on Printing.

On motion by Mr. Miller,

Ordered , That the report of the Secretary of the Treasury, showing the condition of the banks in the District of Columbia, be printed.

Mr. Jarnagin, from the Committee on Revolutionary Claims, to whom was referred the petition of the children of Thomas D. Conover, submitted an adverse report; which was ordered to be printed.

Mr. Jarnagin, from the Committee on Revolutionary Claims, to whom was referred the petition of Nahum Ward, submitted an adverse report; which was ordered to be printed.

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Mr. Wright, from the Committee of Claims, to whom was referred the petition of D. G. Skinner, submitted a report, accompanied by a bill (S. 60) for the relief of Daniel G. Skinner, of Alabama.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Wright, from the Committee of Claims, to whom the petitions of Joseph M. Hernandez, Duncan L. Clinch, and others, were referred, reported a bill (S. 61) to provide for the settlement of claims for losses of property by reason of its military occupation in the Territory of Florida; which was read, and passed to the second reading.

Mr. Sevier, from the Committee on Indian Affairs, to whom the documents relating to the claim of F. A. Kerr were referred, reported a bill (S. 62) for his relief; which was read, and passed to the second reading.

Mr. Atchison, from the Committee on the Post Office and Post Roads, to whom the subject was referred, reported a bill (S. 63) for the relief of Francis A. Harrison; which was read, and passed to the second reading.

Mr. Pearce, from the Committee on Naval Affairs, to whom was referred the memorial of James Mc. McIntosh, submitted a report, accompanied by a bill (S. 64) for the relief of James Mc. Mcintosh, a commander in the navy of the United States.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Bates, from the Committee on Pensions, to whom was referred the petition of citizens of Indiana, in behalf of Simon Kenton, submitted an adverse report; which was ordered to be printed.

Mr. Barrow, from the Committee on Military Affairs, to whom was referred the memorial of the General Assembly of Missouri in favor of a military post on the western frontier of that State, reported, “that the committee be discharged from the further consideration of the subject.”

Agreeably to notice, Mr. Archer asked and obtained leave to bring in a bill (S. 65) changing the time of holding the courts at Clarksburg and at Wheeling, in the western district of Virginia; 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 report of the Committee on Private Land Claims on the petition of the heirs of Elihu Hall Bay, and, in concurrence therewith,

Resolved , That the prayer of the petitioner is unreasonable, and cannot be granted.

The Senate resumed the consideration of the bill (S. 33) to grant a certain quantity of land to aid in the improvement of the Fox and Wisconsin rivers, and to connect the same by means of a canal in the Territory of Wisconsin.

On motion by Mr. Tallmadge,

The vote on the amendments proposed by Mr. Tappan, striking out the 3d section, and the last clause, as amended, of the first section, was reconsidered; and the question being put on the proposed amendment to the first section, the amendment was disagreed to.

On motion by Mr. Woodbury,

Ordered , That the further consideration of the bill be postponed until to-morrow.

0092 92

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

Mr. President: The House of Representatives have passed a resolution (H. R. 8) reducing the prices paid for the printing ordered by either House of Congress; in which they request the concurrence of the Senate.

The President of the United States approved and signed, the 22d instant, an act to supply a deficiency in the appropriation for the fiscal year ending the 30th June, 1844, for the relief and protection of American seamen.

The Senate resumed the consideration of the resolutions reported by the Committee on Finance in relation to the bill (S. 19) to revive the act of 2d of March, 1833, usually called the compromise act, and to modify the existing duties upon foreign imports in conformity with its provisions; and, after debate,

On motion by Mr. Evans,

Ordered , That the further consideration thereof be postponed until to-morrow.

After the consideration of Executive business,

The Senate adjourned.

TUESDAY, January 30, 1844. Link to Annals.

Mr. Pearce presented the memorial of the president and directors of the Philadelphia, Wilmington, and Baltimore Railroad Company, praying a remission of the duties on certain railroad iron; which was referred to the Committee on Finance.

Mr. Tappan presented the petition of Elbert Herring, late paymaster in the United States army, praying that a collection of paintings may be received by the Government, at their estimated value, in liquidation of a debt due the United States, which he is unable to discharge; which was referred to the Committee on the Library.

Mr. Buchanan presented the petition of the heirs of David Noble, deceased, late an officer in the revolutionary army, praying the commutation pay to which he was entitled; which was referred to the Committee on Revolutionary Claims.

Mr. Buchanan presented the memorial of the Philadelphia Savings Fund Society, also the memorial of Swain, Abell, & Simmons, of the city of Philadelphia, praying the payment of Treasury notes received bona fide in the course of their transactions, without having reason to know that they had been fraudulently put into circulation; which were referred to the Committee on Finance.

Mr. Wright presented a preamble and resolution passed by the Legislature of the State of New York, instructing the Senators and requesting the Representatives of that State in Congress to use their exertions to procure “the speedy adoption of such a system of economy and retrenchment in the expenditures of the National Government as shall reduce the ordinary and current expenses for the support of Government to an amount clearly within its current revenue, and to provide a sinking fund for the prompt payment of any present debt of the United States.”

The preamble and resolution were read.

Ordered , That they be printed.

0093 93

Mr. Buchanan presented a memorial of John Clayton and others, praying that canal boats engaged in the domestic coal trade may not be subjected to the law which requires licences from vessels engaged in the coasting trade; which was referred to the Committee on Commerce.

Mr. Semple submitted the following resolution for consideration:

Resolved , That the President of the United States be requested to cause to be communicated to the Senate an estimate of what would be the additional expense to the Government of requiring each of the armed vessels of the United States attached to the home squadron to leave New Orleans once a month, and visit alternately the principal ports on the eastern shore of the island of Cuba, San Domingo, and Porto Rico; thence to sail down the coast of the Caribbean sea and Gulf of Mexico, touching at the principal ports in Venezuela, New Granada, Guatemala, Mexico, and Texas, and then return to New Orleans; and, also, of sending a vessel once a month from New Orleans, by Havana, Matanzas, and Kingston, Jamaica, to Chagres, and back to New Orleans.

Mr. Breese submitted the following resolution for consideration:

Resolved , That the Committee on Naval Affairs be directed to inquire into the expediency of providing for the examination of some point at or near the confluence of the Ohio and Mississippi rivers, by some competent officer of the navy, to be appointed by the President of the United States, and to be associated with some skilful officer of the corps of topographical engineers, to be appointed in like manner, and to report to the next session of Congress upon its advantages and capabilities for a naval depot and dock yard, and into the expediency of appropriating a sum of motley for that purpose, equal in amount to the sum appropriated for the examination of the harbor of Memphis, in Tennessee; and that said committee be authorized to call before them and examine competent civil and other engineers, acquainted with that locality, as to its capabilities for such naval depot and dock. yard; and also, that they inquire into the expediency of establishing a marine hospital at or near said point; and that they report by bill or otherwise.

Mr. Benton submitted the following resolution for consideration:

Resolved , That the President be requested to communicate to the Senate the information, if any, which may be in the Department of State in relation to slaves committing crimes and escaping from the United States to the British dominions since the ratification of the treaty of 1842, and the refusal of the British authorities to give them up; also, that he communicate to the Senate the information, if any such is possessed by him, of the construction which the British Government puts upon the said article, in its relation to slaves committing crimes in the United States, and taking refuge in the British dominions.

Mr. Benton submitted the following resolutions for consideration:

Resolved , ( as the opinion of the Senate ,) That the President of the United States ought to give notice to the Government of Great Britain for the immediate termination of the 10th article of the treaty of 1842, being the article for the surrender of fugitive criminals.

Resolved , That a copy of this resolution he delivered to the President.

Mr. Sevier submitted the following resolution for consideration:

Resolved , That the Committee on Public Lands be instructed to inquire into the expediency of repealing the third section of an act entitled “An act authorizing the Governor of the Territory of Arkansas to lease the salt 0094 94 springs in said Territory, and for other purposes,” approved the 20th day of April, 1832, or else of granting the title of the United States to the subject-matter of said third section to the State of Arkansas.

Mr. Clayton, from the Committee on the Judiciary, to whom was referred the bill (S. 6) to amend an act entitled “An act to establish the northern boundary line of the State of Ohio, and to provide for the admission of the State of Michigan into the Union upon the conditions therein expressed, approved June 15, 1836,” reported it without amendment.

Mr. Clayton also submitted a report on the subject; which was ordered to be printed.

Mr. Berrien, from the Committee on the Judiciary, to whom was referred the bill (H. R. 1) to refund the fine imposed on General Andrew Jackson, reported it with an amendment; which was read.

Mr. Berrien, from the Committee on the Judiciary, to whom the petition of Henry Gardiner and others was referred, reported a bill (S. 66) for the relief of Henry Gardiner and others, directors of an association called the New England Mississippi Land Company; which was read, and passed to the second reading.

Mr. Berrien, from the Committee on the Judiciary, to whom was referred the petition of John Atchison, reported a bill (S. 67) for his relief; which was read, and passed to the second reading.

Mr. Fulton, agreeably to notice, asked and obtained leave to bring in a bill (S. 68) in relation to donations of land to certain persons in the State of Arkansas; which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

The resolution (H. R. 8) reducing the prices paid for the printing ordered by either House of Congress was read the first and second times by unanimous consent, and referred to the Committee on Finance.

The Senate proceeded to consider the report of the Committee on Revolutionary Claims on the petition of the heirs of Daniel Trueheart; and,

On motion by Mr. Rives,

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

The Senate proceeded to consider the resolution submitted by Mr. Breese the 14th December, in relation to the execution of the act “to create additional land districts in the States of Illinois and Missouri, and in the Territory north of the State of illinois;” and the resolution was agreed to.

The Senate proceeded to consider the report of the Committee on Revolutionary Claims on the petition of Elizabeth Lomax, heir of William Lindsay, deceased; and, in concurrence therewith,

Resolved , That the prayer of the petitioner be denied.

After the consideration of Executive business,

The Senate adjourned.

WEDNESDAY, January 31, 1844. Link to Annals.

Mr. Miller presented the proceedings of a meeting of citizens of Somerset county, New Jersey, in favor of reducing the rates of postage, and discontinuing the franking privilege; which were referred to the Committee on the Post Office and Post Roads.

Mr. Miller presented the petition of the executor of Samuel Ball, deceased, praying the payment of a loan office certificate issued by the United 0095 95 States in the year 1779; which was referred to the Committee on Revolutionary Claims.

Mr. Wright presented resolutions passed by the Legislature of the State of New York, instructing the Senators and requesting the Representatives of that State in Congress to use their exertions to procure a reduction of the rates of postage, and the discontinuance or restriction of the franking privilege; which were read, and ordered to be printed.

Mr. Bates presented a petition of citizens of Needham, Massachusetts, praying that provision may be made, in treaties hereafter entered into by the United States, for an amicable adjustment of international difficulties; which was referred to the Committee on Foreign Relations.

Mr. Atchison presented a petition of citizens of the State of Missouri, praying the establishment of a post route from Savannah to the forks of Noda way river; which was referred to the Committee on the Post Office and Post Roads.

Mr. Buchanan presented two memorials of citizens of Erie, Pennsylvania, praying the completion of the harbor at that place; which were referred to the Committee on Commerce.

Mr. Sturgeon presented a petition of citizens of the State of Pennsylvania, Praying a reduction of the rates of postage and a restriction of the franking privilege; which was referred to the Committee on the Post Office and Post Roads.

Mr. Simmons presented a petition of citizens of Massachusetts and Rhode Island, praying the establishment of a post route from Providence, Rhode Island, to Framingham, Massachusetts; which was referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Bagby,

Ordered , That the petition of John Hanes, on the files of the Senate, be referred to the Committee on the Judiciary.

On motion by Mr. Benton,

Ordered , That Isabella J. Martin, widow of John P. Martin, have leave to withdraw her petition and papers.

Mr. Jarnagin submitted the following resolution for consideration:

Resolved , That the Secretary of War be, and is hereby, directed to report to the Senate, if there be any Indians of the Cherokee tribe remaining east of the Mississippi river; and, if so, why they were not removed with that tribe in 1837 and 1838; that he state whether or not the Cherokees now in the State of North Carolina were not allowed the rights of citizenship, under the Cherokee treaty of 1835–'36; and if the State of North Carolina did not, by an act of her Legislature, recognise said Indians as a part of the population of North Carolina, and whether this was not the reason said Indians were not removed west; that he stare whether any person has been appointed by the United States, or any officer thereof, as enrolling agent for said Cherokees, when appointed, the duties assigned, and compensation allowed; how many persons, and who, have been engaged since the commencement of the year 1841, in and about the preparation for the emigration of said Indians; by what authority engaged, and the amount of money paid out by the United States, and to whom paid, since the date aforesaid, in subsisting said Indians, and in all other matters preparatory to their emigration, so as to show the whole amount expended about said Indians since 1841.

0096 96

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

Mr. President: The House of Representatives have passed a resolution instructing the Committee on the Library to consider the expediency of making provision for a system of distribution or exchange of the duplicate specimens of natural history belonging to this Government; in which they request the concurrence of the Senate.

Mr. Simmons, from the Committee on Printing, reported in favor of printing the following subjects:

Memorial of merchants of Boston, relating to the drawback of duties on foreign molasses;

Memorial of distillers of spirits from foreign molasses;

Memorial of citizens of Alexandria, presented the 29th instant; and

The report was concurred in.

On motion by Mr. Crittenden,

Ordered , That the message of the President of the United States, communicating a copy of the proceedings of the court martial in the case of 2d Lieutenant D. C. Buell, be printed.

On motion by Mr. Crittenden,

Ordered , That the Committee on Military Affairs be discharged from the consideration of the petition of John H. Pennington.

Mr. White, from the Committee on Indian Affairs, to whom was referred the memorial of William Henson, reported a bill (S. 69) for his relief; which was read, and passed to the second reading.

The Senate proceeded to consider the resolution submitted yesterday by Mr. Benton, relating to the 10th article of the treaty with Great Britain of 1842; and,

On motion by Mr. Benton,

Ordered , That the further consideration thereof be postponed to Wednesday, the 14th of February.

The Senate proceeded to consider the resolution submitted yesterday by Mr. Benton, in relation to slaves committing crimes in the United States, and taking refuge in the British dominions; and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted yesterday by Mr. Scruple, relating to the orders to be given to the home squadron; and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted yesterday by Mr. Breese, in relation to the expediency of establishing a naval depot and dock yard at the confluence of the Ohio and Mississippi rivers; and the resolution was agreed to.

The Senate proceeded to consider the resolution submitted yesterday by Mr. Sevier, relating to the repeal of the third section of the act of April 20, 1832, “authorizing the Governor of the Territory of Arkansas to lease the salt springs in said Territory, and for other purposes;” and the resolution was agreed to.

The Senate proceeded to consider the report of the Committee on Military Affairs on the memorial of the General Assembly of the State of Missouri, in favor of establishing a military post on the western frontier of that State; and, in concurrence therewith,

Resolved , That the committee be discharged from the further consideration of the subject.

0097 97

The Senate proceeded to consider the report of the Committee on Commerce on the petition of Enoch Baldwin; and, in concurrence therewith,

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

The Senate resumed the consideration of the bill (S. 33) to grant a certain quantity of land to aid in the improvement of the Fox and Wisconsin rivers, and to connect the same by means of a canal in the Territory of Wisconsin, together with the amendment proposed by Mr. Tappan, to strike out the third section; and the proposed amendment having been disagreed to,

On motion by Mr. Tallmadge,

Ordered , That the further consideration of the bill be postponed to Monday next, the 5th of February.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 10) providing for the insane asylum in the District of Columbia, together with the amendment reported thereto; and the amendment having been agreed to, it was reported to the Senate, and the amendment was concurred in.

On motion by Mr. Semple,

Ordered , That the further consideration of the bill be postponed to Monday next, the 5th of February.

After the consideration of Executive business,

The Senate adjourned.

THURSDAY, February 1, 1844. Link to Annals.

Mr. White presented two memorials of citizens of the State of Indiana, praying a grant of public land to aid in the completion of the Wabash and Erie canal; also, resolutions passed by the Legislature of the State in relation to the subject; which were referred to the Committee on Public Lands.

On motion, by Mr. White, that the memorials and resolutions be printed,

Ordered , That the motion be referred to the Committee on Printing.

Mr. Woodbridge presented a memorial of citizens of Calhoun county, Michigan, praying the construction of a canal around the falls of Saut Ste. Marie; which was referred to the Committee on Roads and Canals.

Mr. Woodbridge presented a resolution passed by the Legislature of the State of Michigan, requesting the Senators and Representatives of that State in Congress to use their exertions to procure an appropriation of the land lying along the line of the Grand River road, in Michigan, to repair and finish the same; which was ordered to be printed.

Mr. Colquitt presented resolutions passed by the Legislature of the State of Georgia, approving the course of the honorable John M. Berrien, in the Senate of the United States, especially his resistance to the doctrine of legislative instruction, and expressing their confidence in his worth and patriotism; which were read, and ordered to be printed.

Mr. Porter presented a memorial of citizens of the State of Michigan, praying that admiralty jurisdiction may be conferred on the Federal courts in that State; which was referred to the Committee on the Judiciary.

Mr. Dayton submitted an additional document in relation to the petition of the heirs of Thomas D. Conover; which was referred to the Committee on Revolutionary Claims. 7

0098 98

Mr. Fairfield presented the petition of Joseph Pulcifer, a soldier in the last war with Great Britain, praying arrears of pension; which was referred to the Committee on Pensions.

Mr. Simmons presented the petition of Robert Purkis, praying compensation for recapturing a merchant vessel taken by the enemy in 1814 which was referred to the Committee on Commerce.

Mr. Archer presented the memorial of Miles King and the assignees of the Pennsylvania Bank of the United States, praying the payment of a debt due by the United States to Miles King, and assigned by him to that bank; which was referred to the Committee on the Judiciary.

On motion by Mr. Tallmadge,

Ordered , That the petition of Joseph Roby, on the files of the Senate, be referred to the Committee on Public Lands.

On motion by Mr. Fairfield,

Ordeerd, That the petition of Rufus K. Lane, on the files of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Evans,

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

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

Resolved , That the Committee on the Post Office and Post Roads be directed to require into the expediency of establishing a mail route from Palestine, in Crawford county, to Ewington, the county seat of Effingham county, by Robinson, the county seat of Crawford county, and Newton, the county seat of Jasper county, in the State of Illinois.

Mr. Atchison submitted the following resolution for consideration:

Resolved , That the President be requested to cause the Commissioner of the General Land Office to inform the Senate what registers and receivers of land offices have exacted fees not allowed by law; also, the names of such registers and receivers, together with the amount of fees so exacted and from whom exacted, as far as the same has been ascertained by the Commissioner; and whether such fees, so illegally exacted, have been refunded, or ordered by the Commissioner to be refunded.

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

Mr. President: The House of Representatives have passed the following bills:

H. R. 4. An act to authorize the President of the United States to direct transfers of appropriations in the naval service under certain circumstances.

H. R. 51. An act explanatory of the treaty made with the Chippewa Indians at Saginaw, the 23d of January, 1838; in which they request the concurrence of the Senate.

Mr. Simmons, from the Committee on Printing, reported in favor of printing the report of the Secretary of the Treasury, showing the amount due the State of Mississippi on account of the two and three per cent. funds; and

Ordered , That the report be printed.

The Senate proceeded to consider the resolution submitted yesterday by Mr. Jarnagin, in relation to the emigrant Cherokee Indians; and the resolution was agreed to.

0099 99

The Senate proceeded to consider the resolution from the House of Representatives, instructing the Committee on the Library to consider the expediency of making provision for a system of distribution or exchange of the duplicate specimens of natural history belonging to this Government; and

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

The Senate resumed the consideration of the resolution reported by the Committee on Finance, in relation to the bill (S. 19) to revive the act of 2d of March, 1833, usually called the compromise act, and to modify the existing duties upon foreign imports in conformity with its provisions; and,

On motion by Mr. Evans,

Ordered , That the further consideration thereof be postponed to Monday, the 5th instant.

After the consideration of Executive business,

The Senate adjourned.

FRIDAY, February 2, 1844. Link to Annals.

On motion by Mr. Morehead,

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

Mr. Barrow announced the decease of the honorable Alexander Porter, which took place at his residence the 13th of January last.

On motion by Mr. Barrow,

Resolved, unanimously , That the Senate has received with deep sensibility the information of the death of the honorable Alexander Porter, a Senator elect flora the State of Louisiana; and, in token of their high respect for the memory of the deceased, the members of the Senate will wear crape on the left arm, as mourning, for thirty days.

Resolved, unanimously , That as a further mark of respect for the memory of the honorable Alexander Porter, the Senate do now adjourn.

Ordered , That the Secretary communicate these resolutions to the House of Representatives.

Whereupon,

The Senate adjourned.

MONDAY, February 5, 1844. Link to Annals.

The President pro tempore laid before the Senate a report of the Secretary of War, made agreeably to law, communicating an abstract of the returns of the militia of the United States, and the Territories thereof, with their arms, accoutrements, and ammunition; which was read.

The President pro tempore laid before the Senate a report of the Secretary of War, made agreeably to law, showing the appropriations for the service of the War Department for the year 1843, the balances unexpended at the close of the year, and the sums applicable to the surplus fund; which was read.

On motion, by Mr. Evans, that the reports be printed,

Ordered , That the motion be referred to the Committee on Printing.

Mr. Bates presented the petition of Peter Amie, a seaman in the naval service during the last war with Great Britain, praying a pension; which was referred to the Committee on Naval Affairs.

0100 100

Mr. Bayard presented a petition of citizens of Boston, Massachusetts, praying that the office of professor of mathematics in the navy of the United States may be abolished, and that a naval school may be substituted therefor; which was referred to the Committee on Naval Affairs.

Mr. Bayard presented the proceedings of a meeting of the commissioned and warrant officers of the United States ship Constitution, in relation to the establishment of naval schools; which were referred to the Committee on Naval Affairs.

Mr. Buchanan presented a memorial of sundry railroad companies and citizens, praying that the duties on railroad iron may be repealed; which was referred to the Committee on Finance.

Mr. Buchanan presented four memorials of citizens of Pennsylvania, praying that canal boats engaged in the domestic coal trade may not be required to take out coasting licences; which were referred to the Committee on Commerce.

Mr. Buchanan presented a memorial of citizens of Mercer county, Pennsylvania, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Evans presented a petition of merchants of Portland, Maine, praying that a drawback of the duties on foreign molasses may be allowed on the exportation of the domestic spirits distilled from the same; which was referred to the Committee on Finance.

Mr. White presented a resolution passed by the General Assembly of the State of Indiana, instructing the Senators and requesting the Representatives of that State in Congress to use their exertions to procure a grant of the lands remaining unsold in the Vincennes land district, for the purpose of completing the Wabash and Ohio canal; which was referred to the Committee on Public Lands, and ordered to be printed.

Mr. Breese presented a memorial of citizens of Illinois, residing in the land district of Dixon, praying the removal of the land office of that district to Galena; which was referred to the Committee on Public Lands.

On motion, by Mr. Breese, that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

Mr. Breese presented resolutions passed by the Legislature of the State of Illinois, instructing the Senators and requesting the Representatives of that State in Congress to endeavor to obtain a grant of land to the State of Illinois, for the purpose of completing the Northern Cross railroad; which were referred to the Committee on Public Lands, and ordered to be printed.

Mr. Huntington presented the petition of Reuben M. Gibbs, a soldier in the last war with Great Britain, praying arrears of pension; which was referred to the Committee on Pensions.

Mr. Tappan presented a preamble and resolution passed by the General Assembly of the State of Ohio, instructing the Senators and requesting the Representatives of that State in Congress to use their efforts to obtain an appropriation of money for the construction of a bridge over the Ohio river at Wheeling; which were read, referred to the Committee on Roads and Canals, and ordered to be printed.

Mr. Tappan presented a resolution passed by the General Assembly of the State of Ohio, recommending the passage of a law for the protection of the occupants of the lands ceded to the United States by the Wyandot Indians; which was read, referred to the Committee on Indian Affairs, and ordered to be printed.

0101 101

Mr. Hannegan presented a preamble and resolution passed by the Legislature of the State of Indiana, instructing the Senators and requesting the Representatives of that State in Congress to use their efforts to effect the immediate occupation, organization, and defence of the Oregon Territory; which were read, and ordered to be be printed.

Mr. White presented a petition of citizens of Evansville, Indiana, praying a reduction of the rates of postatge, and a modification of the franking privilege; which was referred to the Committee on the Post Office and Post Roads.

Mr. White presented a memorial of citizens of the State of Indiana, praying a grant of land to aid in the completion of the Wabash and Ohio canal; which was referred to the Committee on Public Lands.

Mr. Wright submitted additional documents in relation to the petition of John G. Tibbetts; which were referred to the Committee of Claims.

Mr. Porter presented a preamble and resolution passed by the Legislature of the State of Michigan, requesting the Senators and Representatives of that State in Congress to endeavor to procure a grant of land to aid in the construction of a road from Saginaw to Michilimackinac and Saut Ste. Marie; which were read, and ordered to be printed.

Mr. Archer submitted additional documents in relation to the petition of Miles King and the assignees of the Pennsylvania Bank of the United States; which were referred to the Committee on the Judiciary.

Mr. Archer presented the memorial of J. P. Hutchinson, late American consul at Lisbon, praying compensation for diplomatic services in the absence of the chargé d'affaires of the United States; which was referred to the Committee on Foreign Relations.

Mr. Dayton presented the petition of James A. Stevens, praying that an appropriation of money may be made, to test the utility of a plan, of which he is the inventor, for improving the models of vessels; which was referred to the Committee on Naval Affairs.

Mr. Breese submitted the following resolution, which was considered by unanimous consent, and agreed to.

Resolved , That the Committee on Pensions be instructed to inquire into the expediency of allowing to Lieutenant Silas Chatfield, now of McHenry county, Illinois, a pension for his meritorious and gallant conduct at the head of his company of volunteer riflemen, in the sortie of Fort Erie, on the 17th of September, 1814.

Mr. Breese also submitted documents in relation to the claim of Silas Chatfield to a pension; which were referred to the Committee on Pensions.

On motion by Mr. White,

Ordered , That Abner E. Van Ness have leave to withdraw his petition and papers.

On motion by Mr. Jarnagin,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of the widow of William C. McCall, and that it be referred to the Committee on Naval Affairs.

On motion, by Mr. Jarnagin, that the Committee on Revolutionary Claims be discharged from the further consideration of the memorial of the heir and representative of Admiral Count de Grasse:

On motion by Mr. Buchanan,

Ordered , That the motion lie on the table.

0102 102

On motion by Mr. Jarnagin,

Ordered , That the Committee on Revolutionary Claims be discharged from the further consideration of the document relating to the claim of the heirs of Thomas D. Conover, presented the 1st instant.

Mr. Simmons, from the Committee on Printing, reported in favor of printing the memorials of citizens of Indiana, in relation to a grant of land for the completion of the Wabash and Erie canal, with the accompanying map.

The report was concurred in.

Mr. Jarnagin, from the Committee on Revolutionary Claims, to whom was referred the petition of the heirs of Nathan Daggett, submitted an adverse report; which was ordered to be printed.

Mr. Jarnagin, from the Committee on Revolutionary Claims, to whom was recommitted the report of the Committee on Revolutionary Claims on the memorial of the heirs of Daniel Trueheart, submitted an adverse report; which was ordered to be printed.

Mr. Wright, from the Committee of Claims, to whom was referred the memorial of William A. Weaver, submitted an adverse report; which was ordered to be printed.

The Senate proceeded to the consideration the report of the Committee on Revolutionary Claims on the petition of the heirs of George Yates; and,

On motion by Mr. Foster,

Ordered , That the report be recommitted to the Committee on Revolutionary Claims.

Mr. Foster presented additional documents relating to the claim of the heirs of George Yates; which were referred to the Committee on Revolutionary Claims.

The Senate proceeded to consider the report of the Committee on Revolutionary Claims on the petition of the children of Thomas D. Conover; 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 Pensions on the claim of Simon Kenton; and, in concurrence therewith,

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

The bill (H. R. 51) explanatory of the treaty made with the Chippewa Indians at Saginaw, the 23d of January, 1838, was read the first and second times by unanimous consent.

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

The bill (H. R. 4) to authorize the President of the United States to direct transfers of appropriation in the naval service, under certain circumstances, was read the first and second times, by unanimous consent.

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

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

Mr. President: The House of Representatives have passed a bill (H. R. 33) for the relief of John McLaughlin; in which they request the concurrence of the Senate.

The Senate resumed the consideration of the resolutions reported by the Committee on Finance in relation to the bill (S. 19) to revive the act of 2d March, 1833, usually called the compromise act, and to modify the existing duties upon foreign imports in conformity with its provisions; and,

After debate,

On motion by Mr. Morehead,

The Senate adjourned.

0103 103
TUESDAY, February 6, 1844. Link to Annals.

Mr. White presented a resolution passed by the General Assembly of the State of Indiana, instructing the Senators and requesting the Representatives of that State in Congress to use their exertions to procure an appropriation of land or money for the purpose of removing the obstructions to the navigation of the Mississippi, Ohio, and Wabash rivers; which was referred to the Committee on Commerce, and ordered to be printed.

Mr. White presented a resolution passed by the General Assembly of the State of Indiana, instructing the Senators and requesting the Representatives of that State in Congress to use their exertions to obtain a grant of land, to be applied to the construction of a canal at the falls of the Ohio; which was referred to the Committee on Roads and Canals, and ordered to be printed.

Mr. White presented a resolution passed by the General Assembly of the State of Indiana, instructing the Senators and requesting the Representatives of that State in Congress to use their exertions to effect a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads, and ordered to be printed.

Mr. White presented a resolution passed by the General Assembly of the State of Indiana, instructing the Senators and requesting the Representatives of that State in Congress to endeavor to obtain an appropriation for a light-house at the harbor of City West, in that State; which was referred to the Committee on Commerce, and ordered to be printed.

Mr. White presented two memorials of citizens of Indiana, praying a grant of land to aid in the completion of the Wabash and Ohio canal; which were referred to the Committee on Public Lands.

Mr. Berrien presented the memorial of the Philadelphia and Reading Railroad Company, praying a remission of the duties on certain railroad iron; which was referred to the Committee on Finance.

Mr. Tappan presented a preamble and resolution passed by the General Assembly of the State of Ohio, instructing the Senators and requesting the Representatives of that State in Congress to use their exertions to effect a retrenchment of the expenses of the Government; which were referred to the Committee on Retrenchment, and ordered to be printed.

Mr. King presented a memorial of citizens of the county and town of Alexandria, in the District of Columbia, praying that legislation on the subjects of certain petitions from individual citizens of Alexandria may not take place until the opinions and wishes of the community shall be expressed; which was referred to the Committee on the District of Columbia.

Mr. Porter presented the petition of David Jones and Erastus Bailey, praying the right of pre-emption to certain lands in the Green Bay land district; which was referred to the Committee on Public Lands.

Mr. Berrien, from the Committee on the Judiciary, to whom were referred certain portions of the annual report of the Secretary of the Treasury on the state of the finances, submitted a report, accompanied by a bill (S. 70) to amend the judiciary act passed the 24th September, 1789.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Berrien, from the Committee on the Judiciary, to whom was referred 0104 104 the bill (S. 42) to increase the salary of the district judge of United States for the districts of East Tennessee, Middle Tennessee, and the Western district of Tennessee, in the eighth judicial circuit, reported it without amendment.

Mr. Berrien, from the Committee on the Judiciary, to whom was referred the bill (S. 65) changing the time holding, the courts at Clarksburg and at Wheeling, in the western district of Virginia, reported it with an amendment; which was read.

Mr. Wright, from the Committee on Commerce, to whom was referred the petition of Thomas M. Latham, submitted a report, accompanied by the following resolution:

Resolved , That the petition and papers of Thomas M. Latham, claiming compensation for services rendered, as master of the fishing sloop Marion, in assisting to take from the ship Charles Wharton, stranded upon the bar at the entrance of Tampa bay, Florida, in the month of December, 1837, certain troops and property of the United States, be referred to the Secretary of War; and that the said Secretary be directed to cause full inquiry to be made into the circumstances of the loss of the said ship Charles Wharton, and the taking therefrom of the troops and public property on board, and that he obtain and lay before the Senate at its present session, if the same can be obtained in time, and if not, at the next annual session, the fullest evidence in his power as to the rescue of the troops and the saving of the public property from that wreck; the number of officers and men, and the descriptions and value of the public property so saved; the names of the vessels, masters, and crews, rendering valuable assistance upon that occasion; the particular services rendered by each vessel and crew, so far as that can be ascertained; the damage or loss of property sustained by each, if any; the best estimate which the witnesses can form of the amount of compensation, if any, to which such vessel and crew are justly entitled from the United States for the services so rendered; and all other facts which, in the opinion of the said Secretary, may be material to an intelligent and just disposition by Congress of the claim of the said Thomas M. Latham, and of the claims of all other persons growing out of the loss of the ship Charles Wharton.

Ordered , That the report be printed.

Mr. Jarnagin, from the Committee on Pensions, to whom was referred the petition of the heir and representative of Nicholas Thomas, submitted an adverse report; which was ordered to be printed.

Mr. Jarnagin, from the Committee on Pensions, to whom was referred the petition of the widow of Benjamin Colt, submitted an adverse report; which was ordered to be printed.

Mr. Jarnagin, from the Committee on Pensions, to whom was referred the petition of the widow of Abraham Guiles, submitted an adverse report; which was ordered to be printed.

Mr. Jarnagin, from the Committee on Pensions, to whom was referred the petition of Jacob Olingey, submitted an adverse report; which was ordered to be printed.

Agreeably to notice, Mr. Fulton asked and obtained leave to bring in a bill (S. 71) for the relief of Ephraim D. Dickson; which was read the first and second times by unanimous consent, and referred to the Committee of Claims.

The Senate proceeded to consider the resolution submitted by Mr. 0105 105 Atchison the 1st instant, in relation to illegal fees taken by registers and receivers; and the resolution was agreed to.

The bill (H. R. 33) for the relief of John McLaughlin was read the first and second times by unanimous consent, and referred to the Committee on Military Affairs.

The Senate resumed the consideration of the bill (S. 10) providing for the insane asylum in the District of Columbia; and,

On motion by Mr. Miller,

Ordered , That the further consideration thereof be postponed until to-morrow.

The Senate resumed the consideration of the resolutions reported by the Committee on Finance in relation to the bill (S. 19) to revive the act of the 2d March, 1833, usually called the compromise act, and to modify the existing duties upon foreign imports in conformity with its provisions.

And after debate, and the consideration of Executive business, by unanimous consent,

The Senate adjourned.

WEDNESDAY, February 7, 1844. Link to Annals.

Mr. Simmons presented the credentials of the honorable John Brown Francis, chosen a Senator by the Legislature of the State of Rhode Island and Providence Plantations for the unexpired term of the honorable William Sprague, resigned; which were read; and the oath prescribed by law was administered to Mr. Francis, and he took his seat in the Senate.

Mr. Atchison presented a memorial of inhabitants of the Territory of Oregon, praying that they may be placed under the protection of the laws of the United States; which was ordered to be printed.

Mr. Atchison presented a memorial of citizens of Holt county, Missouri, praying the establishment of a military post on the Northwestern frontier of that State; which was referred to the Committee on Military Affairs.

Mr. Clayton presented a petition of citizens of Delaware, praying an appropriation for rebuilding and keeping in repair the piers and wharves near Port Penn, in the river DeLaware, which have been ceded to the United States.

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

Mr. Allen presented the petition of Ann Maria Baldwin, praying compensation foil loss of time and expenses incurred in obeying the summons of the circuit court of the United States for the District of Columbia, as a witness in the trial of R. W. White and Henry White, at the suit of the United States; which was referred to the Committee on the Judiciary.

Mr. Buchanan presented a memorial of citizens of Pennsylvania, remonstrating against the annexation of Texas to the United States.

Ordered , That it lie on the table.

Mr. Buchanan presented the petition of William B. McMurtrie, praying reimbursement of expenses incurred in consequence of his appointment as one of the exploring expedition; which was referred to the Committee on Naval Affairs.

Mr. Buchanan presented the memorial of the Delaware Insurance Company of Philadelphia, praying the payment of certain Treasury notes held by that company; which was referred to the Committee on Finance.

Mr. Buchanan presented the petition of the heirs of James Vanuxem, 0106 106 deceased, praying indemnity for French spoliations prior to 1800; which was referred to the Committee on Foreign Relations.

Mr. Hannegan presented the memorial of the General Assembly of the State of Indiana, praying the completion of the Cumberland road through that State; which was referred to the Committee on Roads and Canals.

Mr. Hannegan presented a preamble and resolution passed by the General Assembly of the State of Indiana, instructing the Senators and requesting the Representatives of that State in Congress to endeavor to obtain an appropriation for repairing the bridge over White river and the bridge over Blue river, on the National road; which were referred to the Committee on Roads and Canals.

Mr. Tallmadge presented a memorial of citizens of Newburg and a memorial of citizens of Elbridge, in the State of New York, praying a reduction of the rates of postage and a modification of the franking privilege; which were referred to the Committee on the Post Office and Post Roads.

Mr. Fairfield presented a petition of the selectmen and other citizens of Camden, Maine, praying that a pension may be granted to the widow of Peter Barrows, a deceased revolutionary soldier; which was referred to the Committee on Pensions.

Mr. Fairfield presented the petition of the widow of Jonas Sawtell, a deceased revolutionary soldier, praying a pension; which was referred to the Committee on Pensions.

Mr. Simmons presented the memorial of Audley Clarke and others, citizens of Newport, Rhode Island, praying indemnity, for French spoliations prior to 1800; which was referred to the Committee on Foreign Relations.

Mr. Porter presented the petition of the widow and heirs of Albert Pawling, deceased, late an officer in the army of the Revolution, praying to be allowed commutation pay; which was referred to the Committee on Revolutionary Claims.

Mr. Porter presented a preamble and resolution passed by the Legislature of the State of Michigan, instructing the Senators and requesting the Representatives of that State in Congress to use their efforts to obtain an appropriation for the construction of a ship canal around the falls of St. Mary's river, at the Saut de Ste. Marie; which were referred to the Committee on Roads and Canals, and ordered to be printed.

Mr. Berrien presented a resolution, passed by the Legislature of the State of Georgia, against amending the Constitution of the United States, as proposed by the Legislature of the Commonwealth of Massachusetts, so as to apportion representation and direct taxation among the several States of the Union according to their respective free population, including Indians not taxed; which was read, and ordered to be printed.

Mr. Berrien presented resolutions, passed by the Legislature of the State of Georgia, in favor of a reduction of the rates of postage and of the continuance of the franking privilege; which were referred to the Committee on the Post Office and Post Roads, and ordered to be printed.

Mr. Crittenden presented the petition of the widow of James Grey, a deceased revolutionary soldier, praying a pension; which was referred to the Committee on Pensions.

Mr. Atchison presented additional documents in relation to the petition of David Myerle; which were referred to the Committee on Naval Affairs.

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

0107 107

Resolved , That the Committee on Commerce be instructed to inquire into the expediency of reporting a bill to repeal the existing law, which gives to the collectors of customs three months to furnish bond and security for the faithful discharge of the duties of their office.

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

Resolved , That the Committee on Public Lands be instructed to inquire into the expediency of abolishing the office of Solicitor of the General Land Office.

Mr. Simmons, from the Committee on Printing, reported against printing the memorial of a number of citizens of Illinois, in favor of the removal of the land office from Dixon to Galena; and the report was concurred in.

Mr. Simmons, from the Committee on Printing, reported in favor of printing the report of the Secretary of War communicating an abstract of the returns of the militia of the United States, and the report of the Secretary of War showing the appropriations and expenditures for the service of that department for the year 1843; and

Ordered , That the reports be printed.

Mr. Woodbridge, from the Committee on Public Lands, to whom was referred a memorial of the General Assembly of Missouri, submitted a report, accompanied by a bill (S. 72) to authorize the school trustees or other lawful authorities having charge of the subject of common schools in surveyed township 48 north, of range 18 west, in the county of Cooper, and State of Missouri, to enter a section of land in lieu of section 16, in said township, for the use of schools.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Dayton, from the Committee on Military Affairs, to whom the petition of James Smalley was referred, submitted a report, accompanied by a bill (S. 73) for the payment of the 4th regiment in the 2d brigade of 3d division of Vermont militia, for services at the battle of Plattsburg.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Colquitt, from the Committee on Private Land Claims, to whom was referred the petition of the heir of Philip Barbour, submitted an adverse report; which was ordered to be printed.

Mr. Dayton, from the Committee on Military Affairs, to whom was referred the petition of George Tyler and others, submitted an adverse report; which was ordered to be printed.

Mr. Huntington, from the Committee on Commerce, to whom was referred the petition of Hiram Murch, submitted a report, accompanied by a bill (S. 74) for his relief.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Evans, from the Committee on Finance, to whom was referred the bill (H. R. 4) to authorize the President of the United States to direct transfers of appropriations in the naval service under certain circumstances, reported it without amendment.

The Senate proceeded to consider, as in Committee of the Whole, the bill last mentioned; and no amendment being made, it was reported to the Senate.

0108 108

Ordered , That it pass to a third reading.

The said bill was read a third time.

Resolved , That this bill pass.

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

The Senate resumed the consideration of the resolutions, reported by the Committee on Finance, in relation to the bill (S. 19) to revive the act of 2d March, 1833, usually called the compromise act, and to modify the existing duties upon foreign imports in conformity with its provisions; and,

After debate,

On motion by Mr. McDuffie,

The Senate adjourned.

THURSDAY, February 8, 1844, Link to Annals.

Mr. Tappan presented a memorial of citizens of Lorain county, Ohio, praying a reduction of the rates of postage, and the discontinuance of the franking privilege; which was referred to the Committee on the Post Office and Post Roads.

Mr. Evans presented a petition of citizens of the State of Maine, praying the discontinuance of the spirit ration in the navy; which was referred to the Committee on Naval Affairs.

Mr. Wright presented a resolution, passed by the Legislature of the State of New York, instructing the Senators and requesting the Representatives of that State in Congress to use their efforts to procure the passage of a law granting pensions for life to the widows of revolutionary officers and soldiers who received pensions under the act of July 7, 1838; which was read, and ordered to be printed.

Mr. Merrick presented the memorial of the president and directors of the Alexandria Canal Company, praying that they may be vested with the powers which may be necessary to preserve their works, and to regulate the trade on the canal; which was referred to the Committee on the District of Columbia.

Mr. Sevier submitted documents in relation to the claim of Peter Engles, a soldier in the last war with Great Britain, to a pension; which were referred to the Committee on Pensions.

Mr. Fulton presented a petition of citizens of Benton county, Arkansas, praying the establishment of a military post on the frontiers of that State; which was referred to the Committee on Military Affairs.

Mr. Fulton presented the petition of Theron Brownfield, praying the right of pre-emption to a tract of land; which was referred to the Committee on Public Lands.

Mr. Buchanan presented a memorial of citizens of Erie, Pennsylvania, praying the completion of the harbor at that place; which was referred to the Committee on Commerce.

Mr. Archer presented two memorials of citizens of Virginia, praying a reduction of the rates of postage and a modification of the franking privilege; which were referred to the Committee on the Post Office and Post Roads.

Mr. Huntington presented the petition of Lewis H. Bates and William Lacon, manufacturers of iron, praying indemnity for a loss resulting from the 0109 109 illegal seizure and detention of their property by the collector at the port of New York; which was referred to the Committee on Finance.

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

Resolved , That the Committee on Pensions be directed to inquire into the expediency of allowing to Esther T. Burroughs, widow of Normand Burroughs, a revolutionary soldier, the benefit of the law of Congress granting half pay and pensions to certain widows of those who served in the revolutionary war.

Mr. Merrick submitted documents in relation to the claim of Esther T. Burroughs to a pension; which were referred to the Committee on Pensions.

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

Resolved , That the Committee on Military Affairs be instructed to inquire into the expediency of so amending the law to provide for the settlement of the claims of the State of Georgia against the Government of the United States as to effect a more prompt and equitable adjustment of the same.

Mr. Sevier submitted the following resolution for consideration:

Resolved , That the Secretary of War be directed to furnish the Senate with all correspondence on file in his office, or on file in the office of the commander-in-chief of the army, upon the subject of a selection of the site for Fort Wayne, on the frontier of Arkansas; and, also, to inform the Senate, if the building of a fort was commenced upon said site, and with the reasons for abandoning the erection of Fort Wayne, at the point aforesaid; and, also, that he further reform the Senate, whether it is in contemplation to place any more troops upon the borders of Arkansas, for the safety and proper protection of the people of that State.

On motion, by Mr. Jarnagin, that leave be given to withdraw the petition of Hugh Barton, administrator of Andrew Stewart,

It was determined in the negative.

On motion by Mr. Bayard,

Ordered , That the Committee on Naval Affairs be discharged from so much of the resolution of the 31st of January as relates to the expediency of establishing a marine hospital at or near the confluence of the Ohio and Mississippi rivers.

Mr. Foster, from the Committee of Claims, to whom was referred the bill (S. 71) for the relief of Ephraim D. Dickson, reported it without amendment.

Mr. Phelps, from the Committee on Indian Affairs, to whom was referred a bill (S. 34) for the relief of the legal representatives of William Walker, reported it without amendment, and also submitted an adverse report on the subject; which was ordered to be printed.

Mr. Woodbridge, from the Committee on Public Lands, to whom was referred the bill (S. 3) for the relief of Henry Newman, reported it with amendments. Mr. Woodbridge also submitted a report on the subject; which was ordered to be printed.

Mr. Merrick, agreeably to notice, asked and obtained leave to bring in a bill (S. 75) to direct the transfer to the State of Maryland of the stock held by the United States in the Chesapeake and Ohio canal, upon certain conditions; 0110 110 which was read the first and second times by unanimous consent, and referred to the Committee on Roads and Canals.

Mr. Evans, agreeably to notice, asked and obtained leave to bring in a bill (S. 76) 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.

The Senate proceeded to consider the report of the Committee on Revolutionary Claims, on the petition of Nahum Ward; and,

On motion by Mr. Woodbridge,

Ordered , That it lie on the table.

Mr. Hannegan reported, from the committee, that they had examined and found duly enrolled the bill (H. R. 4) “to authorize the President of the United States to direct transfers of appropriations in the naval service, under certain circumstances.”

On motion, by Mr. Allen, to postpone the previous orders, for the purpose of proceeding to the consideration of the bill (H. R. 1) to refund the fine imposed on General Jackson,

It was determined in the negative,

Yeas, 18,

Nays, 22.

On motion by Mr. Allen,

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

Those who voted in the affirmative, are,

Messrs. Allen, Atchison, Atherton, Benton, Breese, Buchanan, Colquitt, Fairfield, Fulton, Hannegan, Haywood, Huger, King, Sevier, Sturgeon, Tappan, Woodbury, Wright.

Those who voted in the negative, are,

Messrs. Archer, Barrow, Bates, Bayard, Berrien, Choate, Dayton, Evans, Foster, Francis, Huntington, Jarnagin, Mangum, Merrick, Miller, Morehead, Phelps, Porter, Simmons, Tallmadge, Upham, Woodbridge.

The Senate resumed the consideration of the resolutions reported by the Committee on Finance, in relation to the bill (S. 19) to revive the act of 2d of March, 1833, usually called the compromise act, and to modify the existing duties upon foreign imports in conformity with its provisions; and, after debate,

On motion by Mr. Huntington,

Ordered , That it lie on the table.

After the consideration of Executive business,

The Senate adjourned.

FRIDAY, February 9, 1844. Link to Annals.

Mr. Sturgeon presented a petition of citizens of Allegany county, Pennsylvania, praying an appropriation for completing the ship canal around the Saul Ste. Marie; which was referred to the Committee on Roads and Canals.

Mr. Woodbridge presented a petition of members of the bar of the circuit court of the United States for the district of Michigan, praying an amendment of that part of the judiciary act of September 24, 1789, which 0111 111 provides for taking testimony by deposition; which was referred to the Committee on the Judiciary.

Mr. Henderson presented a resolution passed by the Legislature of the State of Mississippi, instructing the Senators and requesting the Representatives of that State in Congress to use their exertions to procure the passage of an act to reduce the fees of the officers of the United States courts in the State of Mississippi; which was referred to the Committee on the Judiciary.

Mr. Dayton presented a preamble and resolution passed by the Legislature of the State of New Jersey, instructing the Senators and requesting the Representatives of that State in Congress to vote for the bill refunding to General Andrew Jackson the fine imposed on him by Judge Hall in 1815; which were read, and ordered to be printed.

Mr. Miller presented a duplicate copy of the same preamble and resolution.

Ordered , That they lie on the table.

On motion by Mr. Sturgeon,

Ordered , That the representatives of John Brooks have leave to withdraw their petition and papers.

On motion by Mr. Allen,

Ordered , That Joseph Fletcher have leave to withdraw his petition and papers.

Mr. Merrick presented the memorial of the president of the Chesapeake and Ohio Canal Company, praying the assent of Congress to an act which passed the Legislature of Virginia, January 20, 1844, further to amend the act incorporating the Chesapeake and Ohio canal; which was referred to the Committee on Roads and Canals.

On motion by Mr. Tappan,

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

Mr. Jarnagin, from the Committee on Public Lands, to whom was referred the memorial of a number of citizens of the town of Weston, reported a bill (S. 77) for the relief of citizens of towns upon the lands of the United States under certain circumstances; which was read, and passed to the second reading.

Mr. Jarnagin also submitted a report on the subject; which was ordered to be printed.

Mr. Foster, from the Committee of Claims, to whom was referred the petition of John Washington, submitted an adverse report; which was ordered to be printed.

Mr. Woodbridge, from the Committee on Public Lands, to whom was referred the petition of Joseph Campau, reported a bill (S. 78) for his relief; which was read, and passed to the second reading.

Mr. Woodbridge also submitted a report on the subject; which was ordered to be printed.

Mr. Woodbridge, from the Committee on Public Lands, to whom was referred the petition of Joseph Campau, assignee of Angelique Coutant, submitted a report, accompanied by a bill (S. 79) authorizing a patent to be issued to Joseph Campau for a certain tract of land in the State of Michigan.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

0112 112

The Senate proceeded to consider the report of the Committee of Claims on the petition of William A. Weaver; and, in concurrence therewith,

Resolved , That, in the opinion of the Senate, the petitioner has already received a just and equitable compensation for the services rendered by him, and that there is no occasion for further legislation in the matter.

The Senate proceeded to consider the resolution submitted yesterday by Mr. Sevier, in relation to the selection of a site for Fort Wayne, on the frontier of Arkansas; and the revolution was agreed to.

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

To the Senate of the United States:

I transmit to the Senate of the United States, in answer to their resolution of the 9th of January last, a report from the Secretary of State and a report from the Secretary of War.

JOHN TYLER.

Washington , February 7, 1844.

To the Senate of the United States:

In compliance with the resolution of the Senate of the 21st January, I herewith transmit the accompanying letter from the Secretary of the Navy.

JOHN TYLER.

Washington , February 9, 1844.

The messages were severally read.

Ordered , That they lie on the table.

The Senate resumed the consideration of the bill (S. 10) providing for the insane asylum in the District of Columbia; and having been further amended, on the motion of Mr. Merrick,

On the question, “Shall this bill be engrossed and read a third time?”

It was determined in the affirmative,

Yeas, 29,

Nays, 13.

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. Archer, Barrow, Bates, Bayard, Berrien, Choate, Clayton, Dayton, Evans, Foster, Fulton, Jarnagin, King, Mangum, Merrick, Miller, Morehead, Pearce, Phelps, Porter, Rives, Sevier, Simmons, Sturgeon, Tallmadge, Upham, Walker, Woodbridge, Woodbury.

Those who voted in the negative, are,

Messrs. Allen, Atchison, Atherton, Bagby, Benton, Breese, Colquitt, Fairfield, Hannegan, Haywood, Huger, Tappan, Wright.

So it was

Ordered , That this bill be engrossed and read a third time.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 65) changing the time of holding the courts at Clarksburg, in the western district of Virginia, together with the amendments reported by the committee; and the amendments having been agreed to, and the bill further amended, it was reported to the Senate, and the amendments were concurred in.

Ordered , That this bill be engrossed and read a third time.

After the consideration of Executive business,

The Senate adjourned.

0113 113
MONDAY, February 12, 1844. Link to Annals.

Mr. Fairfield presented resolutions, passed by the Legislature of the State of Maine, in favor of the speedy adjustment of the claims of citizens of the United States to be indemnified for the spoliations committed under the authority of France on the commerce of the United States prior to the year 1800; which Were read, and referred to the Committee on Foreign Relations.

Mr. Foster presented the memorial of John S. Russwurm, an officer in the war of the Revolution, praying, the payment of interest on the amount allowed for the commutation pay of his deceased father; which was referred to the Committee on Revolutionary Claims.

Mr. Bayard presented a memorial of James R. Howison, praying to be allowed the same rate of compensation which has been granted to others for scientific services in the exploring expedition; which was referred to the Committee off Naval Affairs.

Mr. Foster presented a resolution, passed by the Legislature of the State of Tennessee, requesting the Senators and Representatives of that State in Congress to use their exertions to obtain a publication of the decisions of the Supreme Court of the United States, in an authentic form, and at the public expense; which was referred to the Committee on the Judiciary.

Mr. Foster also presented two memorials of members of the bar in the State of Tennessee on the same subject; which were referred to the Committee on the Judiciary.

Mr. Miller presented the petition of Charles L. Williamson, praying a reconsideration of a former petition to be compensated for injuries received and diseases contracted while serving in the navy of the United States; which was referred to the Committee on Naval Affairs.

Mr. Sevier presented a letter signed by Fielder R. Dorsett and others, watchmen in the War Office, soliciting an increase of their compensation; which was referred to the Committee on Finance.

Mr. King presented the memorial of the General Assembly of the State of Alabama, in favor of an extension of the right of pre-emption granted to certain settlers on the public lands; which was referred to the Committee on Public Lands.

On motion, by Mr. King, that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

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

Resolved , That the Committee on Indian Affairs be instructed to inquire rate and ascertain what amount of money was provided to be paid to the Cherokee Indians under the treaty and the supplemental articles of the treaty of December 29, 1835; for what objects; what amount has been appropriated to meet the objects specified in said treaty; for what objects; what amount was intended for the Cherokees individually, and what amount is subject to the legislation of their national councils; what amount has been expended trader each of the articles of the treaty aforesaid, and how paid; what amount has been lawfully expended for the several objects specified under the treaty, and what amount has been wrongfully and improperly expended, and, if any, by whom; what further appropriations are necessary to fulfil said treaty according to its true intent; what amount should be due each individual, according to the provisions of said treaty 8 0114 114 and the census of said tribe of Indians of 1835; what amount of said money so due is in the Treasury, and why it has not been paid; what portion of the individuals of said tribe have demanded said money; and what further legislation is necessary in order to carry out all the provisions of said treaty, and to preserve peace on the frontier, and to prevent domestic strife, among said tribe of Indians; and that said committee have full power to send for persons and papers.

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

To the Senate of the United States:

I transmit, herewith, a letter from the Governor of Iowa, accompanied by a memorial from the Legislative Assembly of that Territory, asking admission as an independent State into the Union.

JOHN TYLER.

Washington , February 12, 1844.

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. Tyler, his secretary:

To the Senate of the United States:

I transmit, herewith, the copy of a report made by Captain R. F. Stockton, of the United States navy, relative to the vessel of war the Princeton, which has been constructed under his supervision and direction, and recommend the same to the attentive consideration of Congress.

JOHN TYLER.

Washington , February 12, 1844.

The message was read.

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

The President pro tempore, laid before the Senate a communication from the Treasurer of the United States, accompanied by the accounts settled for the service of the Post Office Department for the year ending the 1st of July, 1843; which was read.

Mr. Porter, from the Committee on Roads and Canals, to whom was referred the bill (S. 75) to direct the transfer to the State of Maryland of the stock held by the United States in the Chesapeake and Ohio canal, upon certain conditions, reported it with amendments; which were read.

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

Mr. President: The Speaker of the House of Representatives having signed an enrolled bill, I am directed to bring it to the Senate for the signature of their President.

The Senate resumed the consideration of the resolution reported by the Committee on Finance in relation to the bill (S. 19) to revive the act of the 2d March, 1833, usually, called the compromise act, and to modify the existing duties upon foreign imports in conformity with its provisions; and,

After debate,

On motion by Mr. Sevier,

The Senate adjourned.

0115 115
TUESDAY, February 13, 1844. Link to Annals.

The President pro tempore laid before the Senate a report of the Commissioner of Patents, made agreeably to law, exhibiting the expenditures and payments made by him from the patent fund and the patents issued during the preceding year.

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

On motion by Mr. Atherton,

Ordered , That a member be appointed by the President pro tempore on the Committee on Engrossed Bills, in the place of Mr. Atherton, excused; and

Mr. Francis was appointed.

Mr. Walker presented a preamble and resolution passed by the Legislature of the State of Mississippi, instructing the Senators and requesting the Representatives of that State in Congress to use their best efforts to prevent the discontinuance of the post office at Columbus, in that State, as a distributing office; which were referred to the Committee on the Post Office and Post Roads.

Mr. Walker presented a preamble and resolution passed by the Legislature of the State of Mississippi, instructing the Senators and requesting the Representatives of that State in Congress to use their best exertions to procure increased mail facilities and the erection of additional light-houses between the city of New Orleans and Mobile.

Ordered , That so much of the preamble and resolution as relates to mail routes be referred to the Committee on the Post Office and Post Roads, and that so much thereof as relates to light-houses be referred to the Committee on Commerce.

Mr. Walker presented a memorial of citizens of Natchez, Mississippi, praying the establishment of a naval depot and armory at or near that place; which was referred to the Committee on Naval Affairs.

Mr. Walker presented a petition of citizens of Bolivar and Washington counties, Mississippi, praying an appropriation to aid in the construction of a levee on the Mississippi river, at the head of Lake Bolivar; which was referred to the Committee on Public Lands.

Mr. Barrow presented additional documents relating to the claim of George De Passau, which, with his memorial and papers on the files of the Senate, were referred to the Committee on Private Land Claims.

On motion by Mr. Semple,

Ordered , That the resolutions of the General Assembly of Illinois, in favor of the occupation and settlement of the Oregon Territory, on the files of the Senate, be referred to the Select Committee on the Oregon Territory.

Mr. Benton presented a memorial of chiefs, headmen, and others, of the Shawnee tribe of Indians, praying Congress to provide for the payment of a draft drawn by them on the trust fund provided for their benefit by the treaty of the 8th of August, 1831; which was referred to the Committee on Indian Affairs.

Mr. Haywood presented a memorial of a number of citizens of the county of Macon, in North Carolina, praying that the board of commissioners acting under the Cherokee treaty of 1835 may be authorize to decide on claims to reservations arising under the treaties of 1817 and 1819, and that a liberal policy may be extended to a remnant of the Cherokees 0116 116 still residing in that County; which was referred to the Committee on Indian Affairs.

Mr. Atherton submitted the following resolution, which was considered, and agreed to:

Resolved , That the Committee on the Post Office and Post Roads be instructed to inquire into the expediency of establishing a post route from Antrim South Village, by the way of Bennington, to the middle of the town of Francistown, in the county of Hillsborough, State of New Hampshire.

On motion by Mr. Merrick,

Ordered , That the report of the Treasurer of the United States, communicating the settled accounts for the Post Office Department, be referred to the Committee on the Post Office and Post Roads.

Mr. Upham, from the Committee on Revolutionary Claims, to whom was recommitted the report of the committee on the petition of the heirs of George Yates, together with the additional documents presented the 5th instant, submitted an adverse report; which was ordered to be printed.

Mr. Simmons, from the Committee on Printing, reported in favor of printing the memorial of the General Assembly of Alabama, presented the 12th instant; and,

Ordered , That the memorial be printed.

Mr. Jarnagin, from the Committee on Pensions, to whom was referred the petition of the widow of Samuel Gray, submitted an adverse report; which was ordered to be printed.

Mr. Haywood, from the Committee on Naval Affairs, to whom was referred the bill (S. 12) for the relief of C. E. Sherman, reported it without amendment.

Mr. Haywood also submitted an adverse report on the subject; which was ordered to be printed.

Mr. Atherton, from the Committee on Pensions, to whom was referred the petition of John Hibbert, submitted an adverse report; which was ordered to be printed.

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 1) to refund the fine imposed on General Andrew Jackson, together with the amendment reported by the Committee on the Judiciary; and,

On the question, to agree to the amendment, viz: At the end of the bill insert, “ Provided , That nothing in this act shall be construed to express or imply any censure of the conduct or character of the honorable Dominick A. Hall, by whom the said fine was imposed,”

It was determined in the negative,

Yeas, 18,

Nays, 26.

On motion by Mr. Dayton,

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

Those who voted in the affirmative, are,

Messrs. Archer, Bayard, Berrien, Choate, Clayton, Dayton, Evans, Huger, Huntington, Merrick, Miller, Morehead, Pearce, Phelps, Porter, Simmons, Upham, Woodbridge.

Those who voted in the negative, are,

Messrs. Allen, Atchison, Atherton, Bagby, Barrow, Benton, Breese, Buchanan, Colquitt, Fairfield, Foster, Francis, Fulton, Hannegan, Haywood, Henderson, Jarnagin, King, Mangum, Semple, Sturgeon, Tallmadge, Tappan, Walker, Woodbury, Wright.

0117 117

So the amendment was disagreed to.

On motion by Mr. Allen,

Ordered , That the further consideration of the bill be postponed until to-morrow.

The Senate resumed the consideration of the resolutions reported by the Committee on Finance in relation to the bill (S. 19) to revive the act of 2d March, 1833, usually called the compromise act, and to modify the existing duties upon foreign imports in conformity with its provisions; and,

After debate,

On motion by Mr. Berrien,

Ordered , That they lie on the table.

The bill (S. 10) providing for the insane asylum in the District of Columbia, 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.

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

The bill (S. 65) changing the times of holding the courts at Clarksburg and at Wheeling, in the western district of Virginia, having been reported by the committee correctly engrossed, was read a third, time, and the title was amended.

Resolved , That this bill pass, and that the title thereof be “An act changing the time of holding the courts at Clarksburg and at Wheeling, in the western district of Virginia, and the circuit court of the United States for the district of Arkansas.”

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

The President pro tempore signed the enrolled bill (H. R. 4) last reported to have been examined, and it was delivered to the committee, to be presented to the President of the United States.

On motion,

The Senate adjourned.

WEDNESDAY, February 14, 1844. Link to Annals.

Mr. Semple presented the proceedings of a meeting of citizens of Alton, in the State of Illinois, in favor of making that place the point of termination of the National road to the river Mississippi; which were referred to the Committee on Roads and Canals.

Mr. Choate presented a petition of citizens of Granville, Ohio, praying that the transportation of the mail on the Sabbath day may be discontinued; which was referred to the Committee on the Post Office and Post Roads.

Mr. Choate presented a petition of the officers and crew of the United States steam frigate Missouri, praying compensation for losses sustained in consequence of the destruction of that vessel by fire near the port of Gibraltar; which was referred to the Committee on Naval Affairs.

Mr. Bayard presented the memorial of John A. Roebling, praying that measures may be adopted to test the efficiency of wire rope for the standing rigging of the vessels of the United States; which was referred to the Committee on Naval Affairs.

0118 118

Mr. Sturgeon presented a preamble and resolution, passed by the Legislature of the State of Pennsylvania, requesting the Senators and Representatives of that State in Congress to use their exertions to procure an appropriation for the repair and completion of the harbor of Erie; Which were referred to the Committee on Commerce, and ordered to be printed.

Mr. Buchanan presented a petition of citizens of the county and city of Philadelphia, praying the construction of a dry dock at Philadelphia; which was referred to the Committee on Naval Affairs.

Mr. Buchanan presented the petition of Robert McGuire, a soldier who was captured by the Indians in the last war with Great Britain, praying compensation for the clothing of which he was plundered and the allowance of pay during the period of his captivity; which was referred to the Committee on Military Affairs.

Mr. Foster presented a memorial of citizens of the county of Shelby, in Tennessee, praying a grant of land to aid in the improvement of the Wabash river; which was referred to the Committee on Public Lands.

Mr. Breese presented the petition of R. H. McGoon, praying the reimbursement of a sum paid in satisfaction of a judgment rendered against him, at the suit of the United States, for an alleged trespass on mineral lands of which he held the pre-emptive right.

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

On motion by Mr. Atchison,

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

Mr. Merrick presented a memorial of citizens of Maryland, praying the establishment of a post route from Baltimore to Waters's Mill, in that State; which was referred to the Committee on the Post Office and Post Roads.

Mr. White presented a memorial of citizens of Indiana, praying a grant of land to aid in the extension of the Wabash and Erie canal to the Ohio river; which was referred to the Committee on Public Lands.

Mr. Hannegan presented eight memorials of citizens of Indiana, praying a grant of land to aid in the extension of the Wabash and Erie canal to the Ohio river; which were referred to the Committee on Public Lands.

Mr. Walker submitted the following resolution, 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 report as to the best means of improving the navigation of the Ohio at the falls at Louisville.

Mr. Haywood, from the Committee on Naval Affairs, to whom was referred the petition, of Samuel H. Thompson, submitted an adverse report; which was ordered to be printed.

Mr. Simmons, from the Committee on Printing, reported in favor of printing the report of the Secretary of War communicating an estimate of the cost of connecting Lakes Huron and Superior by means of a canal; and

Ordered , That the report be printed.

On motion by Mr. Wright,

Ordered , That the Committee on Commerce be discharged from the further consideration of the petitions of Robert Purkis and James W. Low, and that they be referred to the Committee on the Judiciary.

0119 119

Mr. Jarnagin, from the Committee on Revolutionary Claims, to whom was referred the petition of the executor of Samuel Ball, submitted an adverse report; which was ordered to be printed.

Mr. Berrien, from the Committee on the Judiciary, to whom was referred the bill (S. 37) to repeal the act entitled “An act to amend the act of the 10th of March, 1838, entitled ‘An act to change the time of holding the circuit and district courts in the district of Ohio,’” reported it without amendment.

Mr. Huntington, from the Committee on Commerce, reported a bill (S. 80) to repeal part of the act entitled “An act to annex a part of the State of New Jersey to the collection district of New York; to remove the office of collector of Niagara to Lewistown; to make Cape St. Vincent, in the district of Sackett's Harbor, a port of delivery; and out of the districts of Miami and Mississippi to make two new districts, to be called the districts of Sandusky and Teche, and for other purposes,’ approved March 2, 1811;” which was read, and passed to the second reading.

Mr. Huntington, from the Committee on Commerce, to whom the subject was referred, reported a bill (S. 81) relating to bonds to be given by custom-house officers; which was read, and passed to the second reading.

Mr. Atherton, from the Committee on Pensions, to whom was referred the petition of George W. Cummings, submitted an adverse report; which was ordered to be printed.

Mr. Henderson, agreeably to notice, asked and obtained leave to bring in a bill (S. 82) further to regulate the costs and fees accruing in suits and prosecutions in the district and circuit courts of the United States; which was read the first and second times by unanimous consent, and referred to the Committee on the Judiciary.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 50) for the relief of Mark Simpson; and,

On motion by Mr. Dayton,

Ordered , What it be recommitted to the Committee on Military Affairs.

The Senate resumed, as in Committee of the Whole, the bill (H. R. 1) to refund the fine imposed on General Jackson; and no amendment being made, it was reported to the Senate.

On the question, “Shall this bill be read a third time?”

It was determined in the affirmative,

Yeas, 30,

Nays, 16.

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, Atchison, Atherton, Bagby, Barrow, Benton, Breese, Buchanan, Colquitt, Fairfield, Foster, Francis, Fulton, Hannegan, Haywood, Henderson, Huger, Jarnagin, King, McDuffie, Mangum, Rives, Semple, Server, Sturgeon, Tallmadge, Tappan, Walker, Woodbury, Wright.

Those who voted in the negative, are,

Messrs. Archer, Bates, Bayard, Berrien, Choate, Clayton, Dayton, Evans, Huntington, Merrick, Miller, Pearce, Phelps, Simmons, Upham, Woodbridge.

The said bill was read a third time.

Resolved , That it pass.

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

0120 120

The bill (S. 41) to authorize a survey of the mouth, of the Red river, and for other purposes, was read the second time, and Considered as in Committee of the Whole; and no amendment being made, it was reported to to the Senate.

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

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 16) to settle the title to the Pea Patch island, in the river Delaware; and no amendment being made, it was reported to the Senate.

On motion by Mr. Bayard,

The bill was amended; and,

On motion by Mr. Bagby,

Ordered , That it lie on the table.

The Senate proceeded to consider the report of the Committee on Revolutionary Claims on the petition of the heirs of Daniel Trueheart; and,

On motion by Mr. Jarnagin,

Ordered , That it lie on the table.

The Senate proceeded to consider the report of the Committee on Revolutionary Claims on the petition of the heirs of Nathan Daggett; 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 Pensions on the petition of the widow of Abraham Guiles; and, in concurrence therewith,

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

The Senate proceeded to consider the report of the Committee on Pensions on the petition of the heir of Nicholas Thomas; and, in concurrence therewith,

Resolved , That the petitioner's application ought to be refused.

The Senate proceeded to consider the report of the Committee on Pensions on the petition of Jacob Olinger; and, in concurrence therewith,

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

The Senate proceeded to consider the report of the Committee on Pensions on the petition of Benjamin Coit; and, in concurrence therewith,

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

The Senate proceeded to consider the report of the Committee on Military Affairs on the petition of George Tyler and others, volunteer militia in the battle of Plattsburg; and, in concurrence therewith,

Resolved , That the prayer of the petitioners be not granted,

The Senate proceeded to consider the resolution reported by the Committee on Commerce the 6th instant, on the petition of Thomas M. Latham and others; and the resolution was agreed to.

The Senate proceeded to consider the report of the Committee on Private Land Claims on the petition of the heirs of Philip Barbour; and, in concurrence therewith,

Resolved , That the prayer of the petitioners be refused.

The Senate proceeded to consider the resolution submitted by Mr. Benton the 30th of January, in relation to the 10th article of the treaty with Great Britain of 1842; and,

On motion by Mr. Benton,

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

On motion,

The Senate adjourned.

0121 121
THURSDAY, February 15, 1844. Link to Annals.

Mr. Hannegan reported, from the committee, that they had examined and found duly enrolled the bill (H. R. 1) entitled “An act to retired the fine imposed on General Andrew Jackson.”

Mr. Porter presented a communication from the Treasurer of the State of Michigan, enclosing a statement of the railroad iron imported by that State, and laid down on railroads within her limits; which was referred to the Committee on Finance.

Mr. Hannegan presented a resolution passed by the Legislature of the State of Indiana, instructing the Senators and requesting the Representatives of that State in congress to endeavor to procure an appropriation for the completion of the harbor at Michigan City; which was referred to the Committee on Commerce.

Mr. Hannegan presented a resolution passed by the Legislature of the State of Indiana, instructing the Senators and requesting the Representatives of that State in Congress to use their exertions to procure the establishment of a Western armory within that State; which was referred to the Committee on Military Affairs.

Mr. Atherton, from the Committee on Pensions, to whom was referred the petition of Eugene E. T. Smith, submitted an adverse report; which was ordered to be printed.

Mr. Foster, from the Committee of Claims, to whom were referred the memorial and resolutions of the Legislature of the State of Kentucky, in favor of compensating the heirs of Christopher Miller for services in the Indian war of 1794, submitted a report, accompanied by a bill (S. 83) for the benefit of the heirs of Christopher Miller.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

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

Mr. President: The Speaker of the House of Representatives having signed an enrolled bill, I am directed, to bring it to the Senate for the signature of their President.

The President pro tempore signed the enrolled bill (H. R. 1) this day reported to have been examined; and it was delivered to the committee, to be presented to the President of the United States.

A message from the President of the United States, by Mr. Tyler, his secretary:

To the Senate of the United States:

In compliance with the request contained in the accompanying letter from the Governor of the State of Kentucky, I herewith transmit certain resolutions adopted by the Legislature of that State, in relation to a digest of the decisions of the Supreme Court of the United States.

JOHN TYLER.

Washington , February 15, 1844.

The message was read.

Ordered , That it lie on the table.

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 15) for repaving and repairing Pennsylvania avenue.

0122 122

On motion, by Mr. Allen, that it lie on the table,

It was determined in the negative,

Yeas, 8,

Nays, 32.

On motion by Mr. Allen,

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

Those who voted in the affirmative, are,

Messrs. Allen, Atchison, Atherton, Breese, Fairfield, Hannegan, Semple, Wright.

Those who voted in the negative, are,

Messrs. Archer, Bagby, Barrow, Bates, Bayard, Benton, Berrien, Buchanan, Choate, Clayton, Dayton, Evans, Foster, Francis, Fulton, Haywood, Jarnagin, King, McDuffie, Mangum, Merrick, Miller, Pearce, Phelps, Porter, Rives, Simmons, Sturgeon, Tallmadge, Upham, Walker, White.

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, 33,

Nays, 8.

On motion by Mr. Allen,

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

Those who voted in the affirmative, are,

Messrs. Archer, Bagby, Barrow, Bates, Bayard, Benton, Berrien, Buchanan, Choate, Clayton, Colquitt, Dayton, Evans, Francis, Fultan, Haywood, Jarnagin, King, McDuffie, Mangum, Merrick, Miller, Pearce, Phelps, Porter, Rives, Sevier, Simmons, Sturgeon, Tallmadge, Upham, Walker, White.

Those who voted in the negative, are,

Messrs. Allen, Atchison, Atherton, Breese, Fairfield, Hannegan, Semple, Wright.

So it was

Ordered , That the bill be engrossed, and read the third time.

After consideration of Executive business,

The Senate adjourned.

FRIDAY, February 16, 1844. Link to Annals.

Mr. Foster presented the petition of J. S. McFarlane, praying the payment of a balance due by the United States on a settlement of his accounts as physician to the marine hospital at New Orleans; which was referred to the Committee of Claims.

Mr. Tallmadge presented the petition of Susan Brum, widow of a deceased naval officer, praying a renewal of her pension; which was referred to the Committee on Naval Affairs.

Mr. Atchison presented a petition of citizens of Linn county, Missouri, praying the establishment of a mail route from Linneus to Liberty township, in said county; which was referred to the Committee on the Post Office and Post Roads.

Mr. Wright presented the memorial of the Chamber of Commerce of the city of New York, praying a change in the consular establishment of the United States in China; which was referred to the Committee on Commerce.

Mr. Buchanan presented the memorial of Evelina Porter, widow of 0123 123 David Porter, deceased, formerly a captain in the navy of the United States, and late minister resident of the United States at Constantinople, praying to be allowed the outfit to which her husband was entitled as minister, and a pension in consideration of his services in the navy.

Ordered , That so much of the memorial as relates to the allowance of outfit be referred to the Committee on Foreign Relations, and that so much thereof as relates to a pension be referred to the Committee on Naval Affairs.

Mr. Buchanan presented a memorial of citizens of Pennsylvania, praying that canal boats engaged in the transportation of coal, and domestic produce and merchandise may not be subjected to the law requiring licenses from vessels employed in the coasting trade; which was referred to the Committee on Commerce.

On motion by Mr. Bayard,

Ordered , That the Committee on Naval Affairs be discharged from the further consideration of the memorial of Charles L. Williamson, and that the memorialist have heave to withdraw his memorial and papers.

Mr. Semple submitted the following resolution for consideration:

Resolved , That the President of the United States be requested to transmit to the Senate a copy of the report recently made by Captain Cram, of the topographical engineers, upon the survey of the harbor of St. Louis, with its accompanying charts, maps, plans, and estimates.

On motion by Mr. Berrien,

Ordered , That the message of the President of the United States, of the 15th instant, in relation to the publication and distribution of a digest of the decisions of the Supreme Court of the United States, be referred to the Committee on the Judiciary.

On motion,

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

Mr. Jarnagin, from the Committee on Pensions, to whom was referred the memorial of Wareham Kingsley, submitted an adverse report; which was ordered to be printed.

The Senate resumed the consideration of the bill (S. 16) to settle, the title to the Pea Patch island; and the amendments made as in Committee of the Whole having been 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 bill (S. 2) to confirm the survey and location of claims for lands in the State of Mississippi, east of Pearl river, and south of the 31st degree of north latitude, together with the amendments reported thereto; 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 bill (S. 41) to authorize a survey of the mouth of the 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.

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

A message from the House of Representatives, by Mr. French:

Mr. President: The House of Representatives have passed the bill from the Senate (S. 65) entitled “An act changing the time of holding the 0124 124 courts at Clerksburg and at Wheeling, in the western district of Virginia, and the circuit court of the United States for the district of Arkansas.”

The House of Representatives have passed a bill (H. R. 89) to give the consent of Congress to the sale or other disposition of certain salt spring lands heretofore granted to the State of Michigan; also, a joint resolution (H. R. 9) accepting the sword of Washington and the staff of Franklin; in which, bill and resolution they request the concurrence of the Senate.

The President of the United States this day approved and signed “An act to refund the fine imposed on General Andrew Jackson.”

The resolution (H. R. 9) accepting the sword of Washington and the staff of Franklin was read the first and second times by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered , That it pass to a third reading.

The bill (H. R. 89) to give the assent of Congress to the sale or other disposition of certain salt sprig lands, heretofore granted to the State of Michigan, was read the first and second times by unanimous consent.

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

The Senate resumed the consideration of the resolutions reported by the Committee on Finance in relation to the bill (S. 19) to revive the act of 2d March, 1833, usually called the compromise act, and to modify the existing duties upon foreign imports in conformity with its provisions; and,

After debate,

On motion,

The Senate adjourned.

MONDAY, February 19, 1844. Link to Annals.

The President pro tempore laid before the Senate a report of the Secretary of the Navy, made in compliance with a resolution of the Senate, communicating a plan and estimate for a permanent wharf and a plan of a dock or marine railway at Pensacola; which was read.

The President pro tempore laid before the Senate a report of the Secretary of the Navy, made agreeably to law, in relation to the practicability and expense of a dry dock in the harbor of New York; which was read.

Mr. Hannegan reported, from the committee, that they had presented to the President of the United States, the 16th instant, the bill (H. R. 1) “to refund the fine imposed on General Jackson;” and that they had examined and found duty enrolled the bill (S. 65) “changing the time of holding the courts at Clarksburg and Wheeling, in the western district of Virginia, and the circuit court of the United States for the district of Arkansas.”

The President pro tempore presented the memorial of John F. H. Claiborne, one of the commissioners for examining and adjudicating the unsettled claims of Choctaw Indians under the treaty of Dancing Rabbit creek, representing that frauds had been practised upon those Indians by speculators, and praying the interposition of Congress in behalf of the Indian claimants; which was referred to the Committee on Indian Affairs.

Mr. Buchanan presented the petition of Benjamin B. Ferguson, a soldier during the last war with Great Britain, praying a pension; which was referred to the Committee on Pensions.

Mr. Buchanan presented the petition of the children of John Houston 0125 125 deceased, praying compensation for his services as a surgeon in the revolutionary army; which was referred to the Committee on Revolutionary Claims.

Mr. Buchanan presented two memorials of citizens of Pennsylvania, praying that canal boats engaged in the transportation of coal or other domestic produce may not be subjected to the law requiring licenses from vessels employed in the coasting trade; which were referred to the Committee on Commerce.

Mr. Bayard presented a memorial of the warrant officers attached to the late South Sea exploring expedition, praying the passage of an act to legalize the extra pay received by them while engaged in that expedition; which was referred to the Committee on Naval Affairs.

Mr. Wright presented the proceedings of the Chamber of Commerce of New York, in favor of repealing the duties on foreign railroad iron; which were referred to the Committee on Finance.

Mr. Wright presented the petition of Lyon & Howard, praying payment of a balance due on their contract with the Government for the construction of a steam dredging machine; which was referred to the Committee on the Judiciary.

Mr. Jarnagin presented a petition of citizens of Georgia, praying the establishment of a mail route from Cleveland, Tennessee, to Rome, in the State of Georgia; which was referred to the Committee on the Post Office and Post Roads.

Mr. Jarnagin presented a communication from James P. Spring and others, recommending that the military force stationed at Fort Gibson may be removed to old Fort Wayne; which was referred to the Committee on Military Affairs.

Mr. Barrow submitted additional documents in relation to the claim of Thomas W. Chinn, which, with his petition on the files of the Senate, were referred to the Committee on Private Land Claims.

Mr. Evans presented a petition of citizens of the city and county of Philadelphia, praying the revival of the act of March 3, 1837, for the more equitable administration of the navy pension fund; which was referred to the Committee on Naval Affairs.

Mr. Sturgeon presented a petition of citizens of Pennsylvania, praying that canal boats engaged in the transportation of coal and other domestic produce may not be subjected to the law requiring licenses from vessels employed in the coasting trade; which was referred to the Committee on Commerce.

Mr. Sturgeon presented two petitions of citizens of Pennsylvania, praying that no sanction may be afforded by the Constitution or the laws of the United States to the continuance of slavery.

A motion being made that the petitions be received, and the same being objected, to,

Ordered , That the motion lie on the table.

Mr. Tallmadge presented a petition of citizens of the city and county of Philadelphia, praying the revival of the act of March 3, 1837, for the more equitable administration of the navy pension fund; which was referred to the Committee on Naval Affairs.

Mr. Buchanan presented a communication signed by Calvin Blythe, collector of the port of Philadelphia, and others, representing the dilapidated condition of the custom-house at that port, and recommending the purchase 0126 126 by the Government, for that purpose, of the banking house of the late Bank of the United States; which was referred to the Committee on Commerce.

Mr. Woodbridge presented a memorial of citizens of Branch county, Michigan, praying a reduction of the rates of postage and the discontinuance of the franking privilege; which was referred to the Committee on the Post Office and Post Roads.

Mr. Benton presented a petition of citizens of Wheeling, Virginia, praying permission to enter a certain quantity of Government lands on a credit; which was referred to the Committee on Public Lands.

Mr. Benton presented the petition of Lewis Davis, a soldier during the last war with Great Britain, praying a pension; which was referred to the Committee on Pensions.

Mr. Allen presented a petition of citizens of Lake county, Ohio, praying that pensions for life may be granted to the widows of deceased revolutionary officers and soldiers; which was referred to the Committee on Pensions.

Mr. Allen presented a petition of citizens of Erie county, Ohio, praying that grants of land may be made to certain citizens of that State, upon condition of settlement and cultivation during a term of years; which was referred to the Committee on Public Lands.

Mr. Allen presented a petition of citizens of Muskingum county, Ohio; praying a reformation of the abuses existing in the Post Office Department; which was referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Tallmadge,

Ordered , That the petition of Jacob Gideon, on the files of the Senate, be referred to the Committee on the Library.

On motion by Mr. Porter,

Ordered , That the petition of Adam D. Steuart, on the files of the Senate, be referred to the Committee of Claims.

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

Mr. President: The House of Representatives have passed the following bills:

H. R. 36. An act for the relief of the widow and orphans of the officers, seamen, and marines, of the United States schooner Grampus;

H. R. 37. An act for the relief of Jane McGuire, widow of Thomas McGuire;

H. R. 39. An act granting an increase of pension to Isaac Plummer; in which they request the concurrence of the Senate.

Mr. Archer, from the Committee on Foreign Relations, to whom was referred the memorial of Robert Greenhow, submitted a report, accompanied by a bill (S. 84) for the purchase of certain copies of the History of Oregon, California, and the other Territories on the Northwest Coast of North America.

The bill was read.

On the question, “Shall this bill be read a second time?”

On motion by Mr. Phelps,

Ordered , That it lie on the table.

The Senate resumed the consideration of the resolutions reported by the Committed on Finance in relation to the bill (S. 19) to revive the act 0127 127 of 2d March, 1833, usually called the compromise act, and to modify the existing duties upon foreign imports in conformity with its provisions; and

After debate,

On motion by Mr. Evans,

Ordered , That they lie on the table.

On motion,

The Senate adjourned.

TUESDAY, February 20, 1844. Link to Annals.

Mr. Barrow presented a petition of certain settlers on public lands in the Ouachita land district, in Louisiana, praying the right of pre-emption to certain lands; which was referred to the Committee on Private Land Claims.

Mr. Sturgeon presented the petition of William Harder, praying an increase of pension; which was referred to the Committee on Pensions.

On motion by Mr. Allen,

Ordered , That the documents on the files of the Senate relating to the claim of David Robb be referred to the Committee on Indian Affairs.

Mr. Archer submitted the following resolution for consideration:

Resolved , That the President be requested to communicate to Congress, as far as he considers consistent with the public interest, any information which may have reached the Government, from its accredited agents, tending to show any use of the flag of the United States in subservience to the African slave trade, and in violation of the laws or policy of the Government; also, any correspondence which may have taken place between this Government and the minister of Portugal in relation to the taking away of slaves, the property of Portuguese subjects, from the territories of that Power, in vessels owned or employed by citizens of the United States.

Mr. Bagby submitted the following resolution for consideration:

Resolved , That the Secretary of War be instructed to cause survey and estimate to be made of the practicability and expense of erecting a fortification on the east side of Dauphin island, adequate to the defence of the city and harbor of Mobile.

The bill (H. R. 97) “for the relief of Jane McGuire, Widow of Thomas McGuire,” and the bill (H. R. 39) “granting an increase of pension to Isaac Plummer,” were severally read the first and second times by unanimous consent, and referred to the Committee on Pensions.

The bill (H. R. 36) for the relief of the widows and orphans of the officers, Seamen, and marines, of the United States schooner G?mpus, was read the first and second times by unanimous consent, and referred to the Committee on Naval Affairs.

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

To the Senate of the United States:

I communicate, herewith, a letter from the Secretary of the Treasury, submitting a report from the Commissioner of the General Land Office and accompanying papers, in answer to a resolution adopted by the Senate on the 6th instant, requesting certain information respecting the receipt by 0128 128 local land officers of fees not authorized by law, and the measures which have been adopted in reference thereto.

JOHN TYLER.

February 15, 1844.

The message was read.

Ordered , That it be printed.

On motion by Mr. Barrow,

Ordered , That the report of the Secretary of the Navy, on the subject of a dry dock at Pensacola, be referred to the Committee on Naval Affairs, and be printed.

Mr. Woodbury, from the Committee of Claims, to whom was referred the memorial of Gideon Batchelder and Shadrach Batchelder, submitted a report, accompanied by a bill (S. 85) for the relief of Gideon Batchelder and others.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Atherton, from the Committee on Pensions, to whom was referred the petition of Reuben M. Gibbs, submitted an adverse report; which was ordered to be printed.

Mr. Miller, from the Committee on the District of Columbia, to whom the subject was referred, reported a bill (S. 86) to extend the charters of the District banks; which was read, and passed to the second reading.

Mr. White, from the Committee on Indian Affairs, to whom was referred the petition of Joseph Bryan, Harrison Young, and Benjamin Young, submitted a report, accompanied by a bill (S. 87) for their relief.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Agreeably to notice, Mr. Tappan an asked and obtained leave to bring in a resolution (S. R. 4) 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, and passed to the second reading.

The Senate proceeded to consider the report of the Committee on Pensions on the petition of Samuel Gray; and, in concurrence therewith,

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

The Senate proceeded to consider the report of the Committee on Pensions on the petition of John Hibbert; and, in concurrence therewith,

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

The Senate proceeded to consider the report of the Committee on Pensions on the petition of George W. Cummings; and, in concurrence therewith,

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

The Senate proceeded to consider the report of the Committee of Claims on the petition of John Washington; and, in concurrence therewith,

Ordered , That the committee be discharged from the further consideration of the claim.

The Senate proceeded to consider the report of the Committee on Naval Affairs on the petition of Samuel W. Thompson; and,

On motion by Mr. Haywood,

Ordered , That it lie on the table.

The Senate proceeded to consider the report of the Committee on Revolutionary 0129 129 Claims on the petition of the executor of Samuel Ball, deceased; and,

On motion by Mr. Miller,

Ordered , That it lie on the table.

The Senate proceeded to consider the resolution submitted by Mr. Semple the 6th instant, relating to the survey of the harbor of St. Louis; and the resolution was agreed to.

The Senate resumed the consideration of the bill (S. 84) for the purchase of certain copies of the History of Oregon, California, and the other Territories on the Northwest Coast of North America, with the report of the committee thereon; and,

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

The bill (S. 15) for repaving and repairing Pennsylvania avenue 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, 22,

Nays, 7.

On motion by Mr. Allen,

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

Those who voted in the affirmative, are,

Messrs. Archer, Bagby, Barrow, Bates, Benton, Buchanan, Choate, Clayton, Dayton, Evans, Foster, Francis, Haywood, King, Mangum, Merrick, Miller, Rives, Simmons, Sturgeon, White, Woodbury.

Those who voted in the negative, are,

Messrs. Allen, Atchison, Atherton, Breese, Hannegan, Semple, Tappan.

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 resolution (H. R. 9) accepting the sword of Washington and the staff of Franklin was read a third time.

Resolved , That this resolution pass.

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

Mr. Hannegan reported, from the committee, that they had presented to the President of the United States, the 16th instant, the bill (H. R. 4) entitled “An act to authorize the President of the United States to direct transfers of appropriations in the naval service under certain Circumstances.”

The bill (S. 44) for the relief of George Davenport, of Rock Island, in the State of Illinois, was read the second time, and considered as in Committee of the Whole; and no amendment being made, in 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. 37) to repeal the act entitled “An act to amend the act of the 10th of March, 1838, entitled ‘An act to change the time of holding the circuit and district courts in the district of Ohio;’” and no amendment being made, the bill was reported to the Senate.

Ordered , That the bill be engrossed, and read a third time. 9

0130 130

The bill (S. 46) making compensation to pension agents was read the second time, and considered as in Committee of the Whole.

On motion, by Mr. Allen, to amend the bill by inserting at the end thereof, “ Provided , That this act shall not be construed to extend to any pension agent who may be or may become an officer, agent, or attorney for or a director in any bank or corporation having banking powers, or to any bank or corporation having banking powers which may be or may become such pension agent”—

It was determined in the negative,

Yeas, 15,

Nays, 15.

On motion by Mr. Allen,

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

Those who voted in the affirmative, are,

Messrs. Allen, Atchison, Atherton, Bagby, Benton, Breese, Buchanan, Fairfield, Hannegan, Haywood, King, Semple, Tappan, Woodbury, Wright.

Those who voted in the negative, are,

Messrs. Archer, Barrow, Bates, Bayard, Choate, Clayton, Dayton, Evans, Foster, Francis, Huntington, Mangum, Miller, Simmons, White.

On motion, by Mr. Haywood, to amend the bill by striking out, in section 1, line 9, the words “one thousand,” and inserting “five hundred”—

It was determined in the negative,

Yeas, 14,

Nays, 16.

On motion by Mr. Atherton,

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

Those who voted in the affirmative, are,

Messrs. Allen, Atchison, Atherton, Benton, Breese, Buchanan, Fairfield, Hannegan, Haywood, King, Semple, Tappan, Woodbury, Wright.

Those who voted in the negative, are,

Messrs. Archer, Bagby, Barrow, Bates, Bayard, Choate, Clayton, Dayton, Evans, Foster, Francis, Huntington, Mangum, Miller, Simmons, White.

No amendment being made, the bill was reported to the Senate.

On the question, “Shall this bill be engrossed, and read a third time?”

It was determined in the affirmative,

Yeas, 17,

Nays, 12.

On motion by Mr. Allen,

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

Those who voted in the affirmative, are,

Messrs. Archer, Bagby, Barrow, Bates, Bayard, Choate, Clayton, Dayton, Evans, Francis, Foster, Huntington, King, Mangum, Miller, Simmons, White.

Those who voted in the negative, are,

Messrs. Allen, Atchison, Atherton, Benton, Breese, Buchanan, Fairfield, Hannegan, Haywood, Semple, Tappan, Wright.

So it was

Ordered , That this bill be engrossed, and read a third time.

The bill (S. 37) to repeal the act entitled “An act to amend the act of the 10th of March, 1838, entitled ‘An act to change the time of holding the circuit and district courts in the district of Ohio,’” having been reported by the committee correctly engrossed, was read a third time.

0131 131

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

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

On motion,

The Senate adjourned.

WEDNESDAY, February 21, 1844. Link to Annals.

Mr. Sevier presented a petition of citizens of Benton county, Arkansas, praying the establishment of a military force at or near Fort Wayne, on the frontier of that State; which was referred to the Committee on Military Affairs.

Mr. Sturgeon presented a petition of citizens of Crawford county, Pennsylvania, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Tappan submitted the following resolution for consideration:

Resolved , That the Secretary of the Navy be directed to report to the Senate a copy of the proceedings of the court martial in the case of Captain Alexander S. McKenzie.

Mr. Evans, from the Committee on Finance, to whom was referred the bill (S. 76) to authorize the payment of equitable commissions to the agents or attorneys of persons in whose favor awards have been made under the 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, reported it without amendment.

Mr. Evans, from the Committee on Finance, to whom were referred sundry memorials and petitions relating to imported railroad iron, reported a bill (S. 88) to provide for the remission of duty on railroad iron in certain cases; which was read, and passed to the second reading.

Mr. Crittenden, from the Committee on Military Affairs, to whom was recommitted the bill (S. 50) for the relief of Mark Simpson, reported it without amendment.

On motion by Mr. Walker,

Ordered , That Woodson Wren have leave to withdraw his petition and papers.

Agreeably to notice, Mr. Semple asked and obtained leave to bring in a bill (S. 89) to remodel the consular establishment of the United States; which was read the first and second times by unanimous consent, and referred to the Committee on Commerce, and ordered to be printed; and,

On motion,

Ordered , That five hundred copies of the bill, in addition to the usual number, be printed for the use of the Senate.

The Senate proceeded to consider the resolution, submitted by Mr. Bagby the 20th instant, relating to the erection of a fortification on Dauphin island; and the resolution was agreed to.

The Senate proceeded to consider the resolution, submitted by Mr. Archer the 20th instant, relating to the use of, the American flag in subservience to the African slave trade; and the resolution was agreed to.

The Senate proceeded to consider the report of the Committee on Revolutionary Claims on the petition of the heirs of George Yates; and,

On motion by Mr. Archer,

Ordered , That it lie on the table.

0132 132

The Senate proceeded to consider the report of the Committee on Pensions on the petition of Eugene E. T. Smith; and, in concurrence, therewith,

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

The resolution (S. 4) 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 the further consideration thereof be postponed to and made the order of the day for Monday, the 11th of March.

The following bills having been reported by the committee correctly engrossed, were read the third time:

S. 44. A bill for the relief of George Davenport, of Rock Island, in the State of Illinois.

S. 46. A bill making compensation to pension agents.

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 bill (S. 2) to confirm the survey and location of claims for lands in the State of Mississippi, east of Pearl river and south of the 31st degree of north latitude, having been reported by the committed correctly engrossed, was read a third time; and,

On motion by Mr. Phelps,

Ordered , That it lie on the table.

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

To the Senate of the United States:

I transmit to the Senate a report from the Secretary of State, with accompanying documents, in answer to their resolution of the 31st of January last.

JOHN TYLER.

Washington , February 24, 1844.

The message was read.

Ordered , That it be printed.

The Senate resumed the consideration of the resolutions reported by the Committee on Finance in relation to the bill (S. 19) to revive the act of 2d March, 1833, usually called the compromise act, and to modify the existing duties upon foreign imports in conformity with its provisions; and

After debate, and the consideration of Executive business, by unanimous consent,

The Senate adjourned.

THURSDAY, February 22, 1844. Link to Annals.

The President pro tempore laid before the Senate a report of the Secretary of War, made in compliance with a resolution of the Senate, on the subject of the selection for the site for Fort Wayne and the protection of the frontier of Arkansas; which was read, and ordered to be printed.

0133 133

On motion by Mr. Wright,

Ordered , That the report of the Secretary of the Navy, made the 19th instant, on the subject of a dry dock at New York, be referred to the Committee on Naval Affairs, and printed.

Mr. Wright presented a memorial of merchants, ship owners, and artisans and mechanics employed in the construction and equipment of American vessels, praying a revision of the Commercial treaties and regulations to between the United States and Foreign Powers; which was referred to the Committee on Foreign Relations, and ordered to be printed.

Mr. Wright presented a memorial of merchants, traders, and others, citizens of New York, praying that a treaty of commerce and navigation may be concluded between the United States and the Government of Texas; which was referred to the Committee on Foreign Relations, and ordered to be printed.

Mr. Evans presented a memorial of merchants of Bangor, Maine, praying that a drawback of duties may be allowed on the exportation of domestic spirits manufactured from foreign molasses; which was referred to the Committee on Finance.

Mr. Evans presented five petitions of citizens of Portland, Maine, praying a reduction of the rates of postage; which were referred to the Committee on the Post Office and Post Roads.

Mr. Rives presented a petition of merchants, traders, and others, citizens of Norfolk, Virginia, praying a reduction of the rates of postage; which was referred to the Committee on the Post Office and Post Roads.

Mr. Rives presented a petition of citizens of Frederick and Clark counties, Virginia, praying a renewal of the charters of the banks in Alexandria, in the District of Columbia; which was referred to the Committee on the District of Columbia, and ordered to be printed.

Mr. Archer submitted the following resolution for consideration:

Resolved , That the President be requested, if not inconsistent with his views of the public interest, to communicate any correspondence which may have taken place, with any agent or agents of the Government of Great Britain, in relation to the interpretation of the 10th article of the treaty between the United States and Great Britain, concluded at Washington the 9th of August, 1842, accompanied by information of any action which may have occurred in execution of this article on the part of the authorities of the United States.

Mr. Merrick, from the Committee on the Post Office and Post Roads, to whom was referred the bill (S. 51) to reduce the rates of postage, to limit the use and correct the abuse of the franking privilege, and for the prevention of frauds on the revenues of the Post Office Department, reported it with amendments, and submitted a report on the subject; which was ordered to be printed.

The Senate proceeded to consider the resolution, submitted yesterday by Mr. Tappan, in relation to the proceedings of the court martial in the case of Captain Alexander S. McKenzie; and,

On motion by Mr. Buchanan,

Ordered , That the further consideration thereof be postponed until to-morrow.

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

Mr. President: The House of Representatives have passed a bill (H. 0134 134 R. 29) making appropriations for the current and contingent expenses of the indian department, and for fulfilling treaty stipulations with the various Indian tribes, for the fiscal year commencing on the 1st day of July, 1844, and ending on the 30th day of June, 1845; in which they request the concurrence of the Senate.

The bill (S. 47) for the relief of Benjamin Murphy was read the second time, and considered as in Committee of the Whole, and no amendment being made, it was reported to the Senate.

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

The Senate resumed the consideration of the resolution submitted by Mr. Semple the 8th of January, in relation to the abrogation of the 3d article of the convention between the United States and Great Britain, concluded the 20th of October, 1818; and

After debate,

On motion by Mr. Dayton,

The Senate adjourned.

FRIDAY, February 23, 1844. Link to Annals.

Mr. Breese presented the memorial of J. M. Peck, proposing a plan for improving the navigation of the Western rivers; which was referred to the Committee on Commerce, and ordered to be printed.

Mr. Tallmadge presented the petition of the executor of Uri Emmons, praying a renewal of a patent for the invention of a cylindrical planing machine; which was referred to the Committee on Patents and the Patent Office.

Mr. Francis presented resolutions, passed by the General Assembly of the State of Rhode Island and Providence Plantations, in favor of the payment of the claims of American citizens to indemnity for French spoliations prior to 1800; which were referred to the Committee on Foreign Relations.

Mr. Archer presented a petition of citizens of Fairfax county, Virginia, praying a renewal of the charters of the banks in Alexandria, in the District of Columbia; which was referred to the Committee on the District of Columbia.

Mr. Miller presented a memorial of citizens of Washington, in the District of Columbia, praying a renewal of the charters of the banks in that city; which was referred to the Committee on the District of Columbia.

Mr. Sevier presented a memorial of certain Cherokee Indians, praying the payment of money secured to them by the treaty of 1835; which was referred to the Committee on Indian Affairs.

Mr. Atherton presented the petition of Lydia Rundlett, widow of a deceased revolutionary soldier, praying a pension; which was referred to the Committee on Pensions.

Mr. Woodbury presented a petition of citizens of New Hampshire, praying the establishment of a mail route from Hillsborough to Francestown, in that State; which was referred to the Committee on the Post Office and Post Roads.

Mr. Upham presented the memorial of Daniel Bowen, a revolutionary soldier, praying to be allowed arrears of pension; which was referred to the Committee on Pensions.

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Mr. Upham presented the memorial of the legal representatives of Rudolph Bunner, deceased, praying to be allowed the pay to which the deceased was entitled as an officer in the revolutionary army; which was referred to the Committee on Revolutionary Claims.

On motion by Mr. Wright,

Ordered , That the petition of Charles Kohler, on the files of the Senate, be referred to the Committee on Commerce.

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

Resolved , That the Secretary of War be instructed to examine the drawings and plan of Captain William T. Colquhoun, of Virginia, for removing sand bars in the navigable rivers of the United States, and report to the Senate the opinion of the department upon the subject.

On motion by Mr. Bates,

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

Mr. Woodbridge, from the Committee on Public Lands, to whom was referred the memorial of the Great Western Railway Company of Illinois, submitted a report, accompanied by a bill (S. 90) to grant to the Great Western Railway Company a right of way through the public lands of the United States, and for other purposes.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

The Senate resumed the consideration of the resolution, submitted by Mr. Tappan, in relation to the proceedings of the court martial in the case of Captain Alexander S. McKenzie; and,

On motion by Mr. Tappan,

Ordered , That it lie on the table.

The Senate proceeded to consider the resolution, submitted yesterday by Mr. Archer, in relation to the loth article of the treaty with Great Britain of the 9th of August, 1842; and the resolution was agreed to.

Mr. Atherton reported, from the committee, that they had examined and found duly enrolled the joint resolution (H. R. 9) accepting the sword of Washington and the staff of Franklin.

The bill (H. R. 29) making appropriations for the current and contingent expenses of the Indian department, and for fulfilling treaty stipulations with the various Indian tribes, for the fiscal year commencing on the 1st day of July, 1844, and ending on the 30th day of June, 1845, was read the first and second times by unanimous consent.

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

The bill (S. 47) for the relief of Benjamin Murphy, 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.

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. 75) to direct the transfer to the State of Maryland of the stock held by the United States in the Chesapeake and Ohio canal, upon certain conditions; and,

On motion by Mr. Archer,

Ordered , That the further consideration thereof be postponed until to-morrow.

The Senate resumed the consideration of the resolution, submitted by 0136 136 Mr. Semple, in relation to the abrogation of the 3d article of the convention between the United States and Great Britain of the 20th of October, 1818; and

After debate,

On motion by Mr. Bates,

The Senate adjourned.

MONDAY, February 26, 1844. Link to Annals.

Mr. Wright presented two memorials of citizens of Onondaga county, New York, praying a grant of land to aid in the improvement of the Fox and Wisconsin rivers and to connect the same by a canal.

Ordered , That they lie on the table.

Mr. Wright presented the memorial of James G. King, Edward Prime, Samuel Ward, and Denning Duer, of the city of New York, praying the payment of certain Treasury notes received in the course of business, without having on their face any evidence of cancellation; which was referred to the Committee on Finance.

Mr. Barrow presented the petition of Ann H. P. Lawson, John Millikin, Robert Ford, and others, praying the right of pre-emption to certain lands in the Ouachita land district, in the State of Louisiana; which was referred to the Committee on Public Lands.

Mr. Buchanan submitted additional documents in relation to the petition of the heirs of John Houston; which were referred to the Committee on Revolutionary Claims.

Mr. Upham presented the memorial of Ebenezer Swan, late a soldier in the United States army, under the command of General Wayne, praying a pension; which, with the documents on the files of the Senate relating to his claim, was referred to the Committee on Pensions.

Mr. Choate presented the memorial of William H. Freeman, an officer in the marine corps, praying to be relieved from a sentence, by a court martial, which he conceives to be illegal, and from a superadded punishment by the authority of the President alone; which was referred to the Committee on Naval Affairs.

Mr. Sevier submitted documents relating to the claim of John Dillard to compensation for supplies furnished the Camanche and other Indians at Camp Holmes, in 1835; which were referred to the Committee on Finance.

On motion by Mr. Merrick,

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

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

Mr. President: The Speaker of the House of Representatives having signed an enrolled resolution, I am directed to bring it to the Senate, for the signature of their President.

Mr. Jarnagin, from the Committee on Revolutionary Claims, to whom was referred the petition of Richard H. Foote, administrator of William Grayson, submitted an adverse report; which was ordered to be printed.

Mr. Jarnagin, from the Committee on Revolutionary Claims, to whom was referred the petition of Eunice Pawling, widow of Albert Pawling, submitted an adverse report; which was ordered to be printed.

Mr. Henderson, from the Committee on Naval Affairs, to whom was 0137 137 referred the memorial of Julia L. Weed, widow of Elijah J. Weed, submitted an adverse report; which was ordered to be printed.

Mr. Choate, from the Committee on the Library, reported a joint resolution (S. R. 5) to authorize the transmission and presentation of books to the Minister of Justice of France, in exchange for books received from him; which was read, and passed to the second reading.

Mr. Choate also submitted a report on the subject; which was ordered to be printed.

Mr. Bayard, from the Committee on Naval Affairs, to whom was referred the bill (S. 18) to establish a navy yard and depot at or adjacent to the city of Memphis, on the Mississippi river, in the State of Tennessee, reported it with an amendment; which was read.

Mr. Breese, from the Committee on Roads and Canals, to whom was referred the bill (S. 35) making appropriations for the continuation of the Cumberland road in the States of Ohio, Indiana, and Illinois, reported it without amendment.

The following bills were severally read the second time, and considered as in Committee of the Whole.

S. 49. Bill to authorize the Secretary of the Treasury to make an arrangement or compromise with any of the sureties on bonds given to the United States by Samuel Swartwout, late collector of the customs for the port of New York.

S. 52. Bill requiring one of the judges of the circuit court for the District of Columbia hereafter to reside in Alexandria.

S. 53. Bill to incorporate Georgetown College, in the District of Columbia.

S. 55. Bill directing the disposition of certain unclaimed goods, wares, or merchandise, seized for being illegally imported into the United States; and no amendments being made, they were severally reported to the Senate.

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

The bill (S. 56) to afford relief to certain contractors with the Government was read the second time, and considered as in Committee of the Whole; and, having been amended,

On motion by Mr. Haywood,

Ordered , That the further consideration thereof be postponed until to-morrow.

The Senate resumed the consideration of the resolution submitted by Mr. Semple in relation to the abrogation of the 3d article of the convention between the United States and Great Britain of the 20th October, 1818; and after debate,

On motion by Mr. Breese,

Ordered , That the further consideration thereof be postponed until to-morrow.

The Senate resumed, as in Committee of the Whole, the bill (S. 75) to direct the transfer to the State of Maryland of the stock held by the United States in the Chesapeake and Ohio canal, upon certain conditions, together with the amendment reported thereto; and having been amended, the bill was reported to the Senate, and the amendment was concurred in.

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

On motion,

The Senate adjourned.

0138 138
TUESDAY, February 27, 1844. Link to Annals.

Mr. Semple presented a memorial of a meeting of citizens of Clark county, Illinois, praying the completion of the Cumberland road; which was referred to the Committee on Roads and Canals.

Mr. Evans presented the petition of Benjamin Wyatt, praying indemnity for French spoliations prior to 1800; which was referred to the Committee on Foreign Relations.

Mr. Woodbridge presented a memorial of citizens of Macomb county, Michigan, praying the erection of a light-house and the removal of the bar at the mouth of Clinton river; which was referred to the Committee on Commerce.

Mr. Woodbridge presented a petition of citizens of the State of Michigan, praying the adjustment of certain land claims in that State; which was referred to the Committee on Public Lands.

Mr. Buchanan presented a memorial of citizens of Philadelphia, praying that the duties on railroad iron may not be repealed.

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

Mr. Walker presented a preamble and resolutions, passed by the Legislature of the State of Mississippi, in favor of establishing a national armory and naval depot at some point within that State, or at Memphis, in Tennessee; which were referred to the Committee on Naval Affairs, and ordered to be printed.

Mr. Walker presented a resolution, passed by the Legislature of the State of Mississippi, instructing the Senators and requesting the Representatives of that State in Congress to use their efforts to obtain a mail route from Pass Christian to Jackson Court House, and an alteration in the present route from Augusta to Biloxi, in that State; which was referred to the Committee on the Post Office and Post Roads, and ordered to be printed.

Mr. Tappan submitted a document in relation to the probable cost of completing the harbor at Cleveland, Ohio; which was referred to the Committee on Commerce.

Mr. Tappan presented a memorial of citizens of Cuyahoga county, Ohio, praying that an appropriation may be made for repairing and completing the harbor of Cleveland, in that State; which was referred to the Committee on Commerce, and ordered to be printed.

Mr. Berrien presented a memorial of citizens of Savannah, Georgia, praying an alteration in the present mode of transporting the mail between that place and Charleston, South Carolina; which was referred to the Committee on the Post Office and Post Roads.

On motion by Mr. Sevier,

Ordered , That James S. Conway have leave to withdraw his petition and papers.

The President pro tempore signed the enrolled resolution (H. R. 9) last reported to have been examined, and it was delivered to the committee, to be presented to the President of the United States.

On motion by Mr. Phelps,

Ordered , That the report of the Commissioner of Patents, made the 13th instant, be printed.

On motion, by Mr. Phelps, that an additional number of the same report be printed for the use of the Senate—

0139 139

On motion by Mr. King,

Ordered , That the motion lie on the table.

On motion by Mr. Jarnagin,

Ordered , That fifteen hundred additional copies of the report of the Committee on the Post Office and Post Roads, made the 22d instant, be printed for the use of the Senate.

On motion by Mr. Phelps,

Ordered , That the Committee on Patents be discharged from the further consideration of the petition of John Pettibone, and that it be referred to the Committee on Public Buildings.

Mr. Berrien, from the Committee on the Judiciary, to whom was referred the bill (S. 32) concerning the Supreme Court of the United States, reported it with an amendment.

Mr. Dayton, from the Committee on the Judiciary, to whom was referred the petition of David C. Wilson, reported “that the prayer of the petitioner ought not to be granted.”

Agreeably to notice, Mr. Barrow asked and obtained leave to bring in a bill (S. 91) to amend an act in relation to lands sold in the Greensburg (late St. Helena) land district, in the State of Louisiana, and authorizing the resurvey of certain lands in said district; which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Bagby asked and obtained leave to bring in a bill (S. 92) to amend an act entitled “An act to carry into effect, in the States of Alabama and Mississippi, the existing compacts with those States with regard to the five per cent. fund and the school reservations;” which was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

Agreeably to notice, Mr. Woodbury asked and obtained leave to bring in a resolution (S. 6) providing for the return of additional items in the commercial statistics; which was read the first and second times by unanimous consent, and referred to the Committee on Commerce.

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

Mr. President: The House of Representatives have passed a resolution amending the 19th joint rule; in which they request the concurrence of the Senate.

The President of the United States approved and signed, the 23d instant, a bill entitled “An act to authorize the President of the United States to direct transfers of appropriations in the naval service under certain circumstances.”

The resolution, from the House of Representatives, to amend the 19th joint rule was read.

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

The following bills, having been reported by the committee correctly engrossed, were severally read a third time:

S. 49. Bill authorizing the Secretary of the Treasury to make an arrangement or compromise with any of the sureties on bonds given to the United States by Samuel Swartwout, late collector of the customs for the port of New York.

S. 52. Bill requiring one of the judges of the circuit court for the District of Columbia hereafter to reside in Alexandria.

0140 140

S. 53. Bill to incorporate Georgetown College, in the District of Columbia.

S. 55. Bill directing the disposition of certain unclaimed goods, wares, or merchandise seized for being illegally imported into the United States.

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 in these bills.

The bill (S. 75) to direct the transfer to the State of Maryland of the stock held by the United States in the Chesapeake and Ohio canal, upon certain conditions, 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, 32,

Nays, 11.

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. Archer, Barrow, Bates, Bayard, Benton, Berrien, Buchanan, Clayton, Crittenden, Dayton, Evans, Foster, Francis, Fulton, Henderson, Jarnagin, King, Mangum, Merrick, Miller, Pearce, Phelps, Porter, Rives, Semple, Sevier, Simmons, Sturgeon, Tallmadge, Upham, Walker, Woodbridge.

Those who voted in the negative, are,

Messrs. Allen, Atchison, Atherton, Bagby, Breese, Fairfield, Hannegan, Haywood, Tappan, Woodbury, Wright.

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 in this bill.

The Senate resumed the consideration of the resolution submitted by Mr. Semple in relation to the abrogation of the 3d article of the convention between the united States and Great Britain of the 20th October, 1818; and,

After debate,

On motion by Mr. Merrick,

The Senate adjourned.

WEDNESDAY, February 28, 1844. Link to Annals.

The President pro tempore laid before the Senate a report of the Secretary of War, made in compliance with a resolution of the Senate, in relation to the practicability and expense of erecting a fortification on the east side of Dauphin island; which was read, and referred to the Committee on Military Affairs.

On motion that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

The President pro tempore laid before the Senate a report of the Secretary of War, made in compliance with a resolution of the Senate, in relation to the Cherokee Indians remaining east of the river Mississippi; the cause of their not having been removed; the appointment of an enrolling agent; the compensation allowed to him; and the amount paid for subsisting 0141 141 the Indians since 1841; which was read, and referred to the Committee on Indian Affairs.

On motion that it be printed,

Ordered , That the motion be referred to the Committee on Printing.

The President pro tempore laid before the Senate a memorial of J. A. Belt, Ezekiel Starr, and John R. Rogers, in behalf of certain Cherokee Indians, representing the grivances under which they labor, and praying the interposition of the Government; which was read, and referred to the Committee on Indian Affairs.

The President pro tempore presented a petition of George W. Drummond and others, praying the establishment of a mail route from Harrisonburg to Providence, in the State of Louisiana; which was referred to the Committee on the Post Office and Post Roads.

Mr. Breese presented a petition of citizens of Clinton and St. Clair counties, in Illinois, praying the establishment of a mail route from Carlyle to Belleville, in that State; which was referred to the Committee on the Post Office and Post Roads.

Mr. Breese presented the memorial of the Legislature of the State of Illinois, praying the removal of obstructions to the navigation of the Mississippi river; which was referred to the Committee on Commerce, and ordered to be printed.

Mr. Breese presented a preamble and resolutions, passed by the Legislature of the State of Illinois, in favor of the construction of a canal around the Des Moines and Rock River rapids in the Mississippi river; which were referred to the Committee on Commerce, and ordered to be printed.

Mr. Breese presented a preamble and resolutions, passed by the Legislature of the State of Illinois, in favor of a permanent pre-emption law and the graduation of the price of the public lands; which were referred to the Committee on Public Lands, and ordered to be printed.

Mr. Bayard presented the memorial of William P. McConnell, praying that an appropriation may be made for the construction of a steam ship upon a plan invented by him; which was referred to the Committee on Naval Affairs.

Mr. Pearce presented a memorial of merchants of Baltimore, Maryland, praying a revision of the consular system of the United States; which was referred to the Committee on Commerce.

Mr. King presented a memorial of the Legislature of the State of Alabama, praying the establishment of a mail route from Tuscaloosa to Tuscumbia, in that State; which was referred to the Committee on the Post Office and Post Roads.

Mr. King presented a resolution, passed by the Legislature of the State of Alabama, instructing the Senators and requesting the Representatives of that State in Congress to endeavor to procure the establishment of mail routes from Montgomery, Alabama, to Madison, in Georgia; from Courtland to Tuscaloosa; and from Elyton to Cedar Bluff, in Alabama; which was referred to the Committee on the Post Office and Post Roads.

Mr. Bagby presented resolutions, passed by the Legislature of the Stale of Alabama, in opposition to resolutions of the Legislature of the State of Massachusetts proposing an amendment to the Constitution of the United States on the subject of representation.

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

0142 142

On motion, by Mr. Baby, that the resolutions of the Legislature of Massachusetts, presented to the Senate the 23d January, be printed,

On motion by Mr. King,

Ordered , That the motion lie on the table.

On motion by Mr. Breese,

Ordered , That the memorial of the Legislature of the State of Illinois, on the flies of the Senate, in relation to a modification of the pre-emption laws and a reduction of the price of the public lands, be referred to the Committee on Public Lands; and that the resolutions of the Legislature of said State, on the files of the Senate, in favor of repealing the duty on salt, be referred to the Committee on Finance.

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

Resolved , That the Secretary of War be directed to transmit to the Senate a copy of the report made by P. M. Butler, United States agent for the Cherokee tribe of Indians, dated the 30th of September, 1843, and addressed to the honorable T. hartley Crawford, Commissioner of Indian Affairs.

Mr. Sevier, from the Committee on Indian Affairs, to whom the documents relating to the claim of George Duval were referred, reported a bill (S. 93) for the relief of George Duval and ether Cherokees; which was read, and passed to the second reading.

Mr. Haywood, from the Committee on Naval Affairs, to whom was referred the memorial of Alonzo B. Davis, submitted an adverse report; which was ordered to be printed.

Mr. Haywood, from the Committee on Naval Affairs, to whom was referred the memorial of D. M. F. Thornton, submitted a report, accompanied by a resolution (S. R. 7) authorizing an allowance to Purser D. M. F. Thornton, in the settlement of his account.

The resolution was read, and passed to the second reading.

Ordered , That the report be be printed.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 20) to provide for the adjustment of land claims within the States of Louisiana, Mississippi, Alabama, Arkansas, and for other purposes; and

After debate,

On motion,

The Senate adjourned.

THURSDAY, February 29, 1844. Link to Annals.

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

To the Senate and House of Representatives of the United States:

I have to perform the melancholy duty of announcing to the two Houses of Congress the death of the honorable Abet P. Upshur, late Secretary of State, and the honorable Thomas W. Gilmer, late Secretary of the Navy.

This most lamentable occurrence transpired on board the United States ship of war the Princeton on yesterday, at about half past four o'clock in the evening, and proceeded from the explosion of one of the large guns of that ship.

0143 143

The loss which the Government and the country have sustained by this deplorable event is heightened by the death, at the same time and by the same cause, of several distinguished persons and valuable citizens.

I shall be permitted to express my great grief at an occurrence which has thus suddenly stricken from my side two gentlemen upon whose advice I so confidently relied in the discharge of my arduous task of administering the office of the Executive department, and whose services at this interesting period were of such vast importance.

In some relief of the public sorrow which must necessarily accompany this most painful event, it affords me much satisfaction to say that it was produced by no carelessness or inattention on the part of the officers and crew of the Princeton, but must be set down as one of those casualties which, to a greater or less degree, attend upon every service, and which are invariably incident to the temporal affairs of mankind. I will also add, that it in no measure detracts from the value of the improvement contemplated in the construction of the Princeton, or from the merits of her brave and distinguished commander and projector.

JOHN TYLER.

Washington , February 29, 1844.

The message was read.

Mr. Rives submitted the following resolutions:

Resolved , That the Senate is impressed with a profound sense of the calamity which yesterday occurred on board the steamer Princeton, by the explosion of a gun, involving the loss of many valuable lives, and among them of the Secretary of State and Secretary of the Navy.

Resolved , That the Senate will attend in a body the obsequies of the two deceased members of the Cabinet, and that a committee be appointed to make arrangements with such committee as may be appointed on the part of House of Representatives for the funeral.

Resolved , That the Senate will go into mourning, by wearing crape on the left arm for thirty days.

Resolved , That a copy of these resolutions be laid before the President of the United States.

Resolved , That, in consideration of this afflictive dispensation, the Senate do now adjourn.

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

Mr. President: I am directed to communicate to the Senate resolutions, passed by the House of Representatives, as follows:

Resolved , That this House has heard with deep sorrow of the dreadful catastrophe which occurred yesterday on board the United States ship of war Princeton, when many valuable lives were lost, and by which, among others, the honorable Abel P. Upshur, Secretary of State, and the honoraable Thomas W. Gilmer, Secretary of the Navy, met a sudden and awful death.

Resolved , That this House will manifest its respect for the memory of the late distinguished Secretaries of State and Navy, and its sympathy for their bereaved families, by attending their funeral in a body.

Resolved , As a further mark of respect to the deceased, and to manifest our sense of this most melancholy and afflicting dispensation of Divine 0144 144 Providence, that this House will transact no legislative business until after the funeral obsequies of the deceased shall have been performed.

Resolved , That the members of this House will wear the usual badge of mourning for thirty days.

Resolved , That a committee of five members of this House be appointed, to make arrangements, with such committee as may be appointed on the part of the Senate, for the attendance of the two Houses of Congress at the funeral of the late Abel P. Upshur and Thomas W. Gilmer.

Resolved , That when this House adjourns to-day, it will adjourn to meet on Monday next.

Resolved , That this House do now adjourn.

Ordered , That Mr. Hopkins, Mr. John Quincy Adams, Mr. Charles J. Ingersoll, Mr. Barnard, and Mr. Cave Johnson, be the said committee on the part of this House.

The Senate proceeded, by unanimous consent, to consider the resolutions submitted by Mr. Rives; and the resolutions were agreed to.

Mr. Rives, Mr. Archer, Mr. King, Mr. Woodbury, and Mr. Bayard, were appointed the committee on the part of the Senate. And

The Senate adjourned.

MONDAY, March 4, 1844. Link to Annals.

Mr. Barrow presented the credentials of the honorable Henry Johnson, elected a Senator by the Legislature of the State of Louisiana for the unexpired term of six years, commencing the 4th day of March, in the year 1843.

The credentials were read; and the oath prescribed by law having been administered to Mr. Johnson, he took his seat in the Senate.

Mr. Merrick presented a petition of citizens of Westmoreland, Indiana, and Cambria counties, in Pennsylvania, praying that pensions may be granted to the surviving officers and soldiers in the last war with Great Britain and the Indian wars previous to the treaty of Greenville, in 1796; which was referred to the Committee on Pensions.

Mr. Barrow presented the petition of James W. Breedlove, praying compensation for the use of a steamboat employed by the municipal authorities of New Orleans to cruise in pursuit of pirates; which was referred to to the Committee on Naval Affairs.

Mr. Barrow submitted additional documents in relation to the petition of Ann H. P. Lawson, John Millikin, Robert Ford, and others; which were referred to the Committee on Public Lands.

Mr. Choate presented the petition of David Baker, praying a renewal of his patent for the invention of a curvilinear saw; which was referred to the Committee on Patents and the Patent Office.

Mr. Miller presented a resolution, passed by the Legislature of the State of New Jersey, requesting the Senators and Representatives of that State in Congress to use their efforts to obtain an appropriation for the erection of a breakwater in the harbor of Cape May, in that State; which was referred to the Committee on Commerce, and ordered to be printed.

Mr. Bagby presented a memorial of merchants, traders, and others, of the city of Mobile, praying that a treaty of commerce and navigation may be concluded between the United States and the Government of Texas; which was referred to the Committee on Foreign Relations.

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Mr. Bagby presented a memorial of the Legislature of the State of Alabama, praying the graduation and reduction of the price of public lands; which was referred to the Committee on Public Lands.

Mr. Bagby presented a memorial of the Legislature of the State of Alabama, praying that the right of pre-emption may be extended to the settlers on the Cherokee purchase and other public lands in that State; which was referred to the Committee on Public Lands.

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

Mr. President: I am directed to communicate to the Senate information of the death of the honorable Henry Frick, a member of the House of Representatives from the State of Pennsylvania, which took place at his lodgings in this city on Friday last, the let instant, and the proceedings of the House of Representatives thereupon.

Mr. Buchanan submitted the following resolutions, which were considered by unanimous consent, and agreed to:

Resolved , That the Senate has received with deep sensibility the communication from the House of Representatives announcing the death of the honorable Henry Frick, a Representative in Congress from the State of Pennsylvania.

Resolved , That, in token of sincere and high respect for the memory of the deceased, the members and officers of the Senate will wear crape on the left arm, as mourning, for thirty days; and, as a further mark of respect,

Resolved , That the Senate do now adjourn.

Whereupon,

The Senate adjourned.

TUESDAY, March 5, 1844. Link to Annals.

The President pro tempore laid before the Senate a report of the Secretary of the treasury, prepared agreeably to law, showing the Contracts made during the year 1843 in the Treasury Department, and those relating to light-houses, floating lights, buoys, and stakages; payments made for miscellaneous claims; and the expenditures from the marine hospital fired; which was read, and referred to the Committee on Commerce.

Mr. Choate presented resolutions, passed by the Legislature of the Commonwealth of Massachusetts, in favor of the adoption of measures for the amicable adjustment of international disputes; which were referred to the Committee on Foreign Relations, and ordered to be printed.

Mr. Choate presented resolutions, passed by the Legislature of the Commonwealth of Massachusetts, in favor of granting indemnity for French spoliations prior to 1800; which were referred to the Committee on Foreign Relations, and ordered to be printed.

Mr. Bates presented a petition of citizens of the United States, praying that lumber transported in American vessels, on the river St. John, may be admitted into the ports of the United States free of duty; which was referred to the Committee on Finance.

Mr. Semple presented resolutions, passed by the Legislature of the State of Illinois, requesting the Senators and Representatives of that State in Congress to use their efforts to procure a grant of land to aid in the completion of the Alton and Mount Carmel and the Alton and Shawneetown 10 0146 146 railroaded; which were referred to the Committee on Roads and Canals.

Mr. Buchanan presented a petition of the Board of Trade of the city of Philadelphia, praying that an appropriation may be made for repairing the piers at Port Penn, in the river Delaware; which was referred to the Committee on Commerce.

Mr. Buchanan presented a memorial of the widows and children of deceased naval officers and seamen, praying the revival of the act of 3d March, 1837, for the more equitable administration of the navy pension fund; which was referred to the Committee on Naval Affairs.

Mr. Bagby presented the petition of Adam Carson, praying the right of pre-emption to a tract of land; which was referred to the Committee on Public Lands.

Mr. Breese presented the petition of Edmond Roberts and others, sureties of Felix St. Vrain, deceased, late Indian agent, praying the reimbursement of the amount of a judgment obtained against them at the suit of the United States; which was referred to the Committee of Claims.

Mr. Jarnagin presented the memorial of J. Robertson and others, assignees of the late Bank of the United States, chartered by the State of Pennsylvania, praying the payment of a sum of money advanced by that bank to a contractor of the Government, on an assignment of his claim against the United States for the transportation and subsistence of Cherokee Indians; which was referred to the Committee on the Judiciary.

Mr. Fairfield presented the petition of Robert Ramsay, formerly a seaman in the naval service, praying an increase of pension; which was referred to the Committee on Pensions.

Mr. Fairfield presented the petition of the widow of Robert Fosset, a deceased revolutionary soldier, praying a pension; which was referred to the Committee on Pensions.

Mr. Barrow presented the petition of A. Ledoux & Company and George C. Hall, in behalf of themselves and others, praying permission to surrender certain lands entered as public lands, which proved to be subject to claims under Spanish grants, and to locate other lands in lieu thereof; which was referred to the Committee on Private Land Claims.

On motion by Mr. Semple,

Ordered , That the resolutions of the General Assembly of the State of Illinois, in relation to the occupation and settlement of the Oregon Territory, presented the 10th February, be referred to the Select Committee appointed the 21st December on the Oregon Territory.

On motion by Mr. Woodbridge,

Ordered , That the resolutions of the General Assembly of the State of Michigan, relating to the construction of a road from Saginaw to Michilimackinac and Saut de Ste. Marie, and the resolutions of the Legislature of Michigan in favor of a grant of land for the completion of the Grand River road, be referred to the Committee on Public Lands.

On motion by Mr. Francis,

Ordered , That the resolutions of the Legislature of the State of Rhode Island and Providence Plantations on the subject of French spoliations prior to 1800 be printed.

Mr. Choate, from the Committee on the Library, to whom was referred the memorial of Little & Brown, submitted a report, accompanied by a 0147 147 resolution (S. R. 8) to authorize the Attorney General to contract for copies of a proposed edition of the Laws and Treaties of the United States.

The resolution was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Woodbridge, from the Committee on Public Lands, who were instructed to inquire into the expediency of abolishing the office of Solicitor of the General Land Office, submitted a report, accompanied by a bill (S. 94) to amend an act entitled “An act to reorganize the General Land Office.”

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Evans, from the Committee on Pensions, to whom was referred the petition of George Whitten, submitted a report, accompanied by a bill (S, 95) granting a pension to George Whitten.

The bill was read, and passed to the second reading.

Ordered , That the report be printed.

Mr. Evans, from the Committee on Pensions, to whom was referred the petition of Jonah Barto, submitted an adverse report; which was ordered to be printed.

On motion by Mr. Evans,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of Susan McCulloh, and that it be referred to the Committee on Naval Affairs.

On motion by Mr. Henderson,

Ordered , That the Committee on Private Land Claims be discharged from the further consideration of the petition of Josiah Garland, and that it be referred to the Committee on Public Lands.

Mr. Tappan, agreeably to notice, asked and obtained leave to bring in a resolution (S. R. 9) concerning dew-rotted hemp; which was read the first and second times by unanimous consent, and referred to the Committee on Naval Affairs.

The Senate proceeded to consider the report of the Committee on Pensions on the petition of Rueben M. Gibbs; and, in concurrence therewith,

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

Mr. Hannegan reported, from the committee, that they had presented to the President of the United States, the 4th instant, the joint resolution (H. R. 9) accepting the sword of Washington and the staff of Franklin, and the bill (S. 65) entitled “An act changing the time of holding the courts at Clarksburg and at Wheeling, in the western district of Virginia, and the circuit court of the United States for the district of Arkansas.”

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

Mr. President: The House of Representatives have passed a bill (H. R. 82) for the relief of Eaton Nance; in which they request the concurrence of the Senate.

A message from the President of the United States, by Mr. Tyler, his secretary:

Mr. President: The President of the United States approved and signed the 4th instant the bill (S. 65) entitled “An act changing the time of holding the courts at Clarksburg and at Wheeling, in the western district of Virginia, and the circuit court of the United States for the district of Arkansas.”

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The bill from the House of Representatives (H. R. 82) for the relief of Eaton Nance was read the first and second times by unanimous consent, and referred to the Committee on Public Lands.

The Senate resumed the consideration of the bill (S. 33) to grant a certain quantity of land to aid in the improvement of the Fox and Wisconsin rivers, and to connect the same by means of a canal in the Territory of Wisconsin; and,

On motion by Mr. Allen,

Ordered , That it lie on the table; and that the bill be printed as amended, with the proposed amendments.

The Senate resumed, as in Committee of the Whole, the bill (S. 56) to afford relief to certain contractors with the Government.

On motion, by Mr. Bayard, to amend the bill, by inserting the following:

“ Sec . 7. And be it further enacted , That the Secretary of the Navy be, and he is hereby, authorized to extend the time for performing a certain contract, made on the twentieth day of July, one thousand eight hundred and forty, two, with the Tredegar Iron Company of Richmond, in the State of Virginia, for furnishing one hundred thirty-two pounder cannon, with one hundred solid shot to each, upon such terms as he shall deem equitable and just, if, in his opinion, the same can be done without injury or inconvenience to the public interest”—

It was determined in the affirmative,

Yeas, 19,

Nays, 17.

On motion by Mr. Haywood,

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

Those who voted in the affirmative, are,

Messrs. Barrow, Bates, Bayard, Clayton, Evans, Francis, Jarnagin, Johnson, Mangum, Miller, Morehead, Pearce, Phelps, Porter, Rives, Tallmadge, Upham, Walker, Woodbury.

Those who voted in the negative, are,

Messrs. Allen, Atchison, Bagby, Breese, Buchanan, Colquitt, Fairfield, Hannegan, Haywood, Henderson, King, McDuffie, Semple, Sevier, Sturgeon, Tappan, Wright.

On motion, by Mr. Pearce, to amend the bill, by striking out, section 3, line 14, the words “and the prices contracted for in such new agreement shall never exceed the lowest of those which may have been agreed to be paid for like articles of the same quality by any other agreement in the department made since the applicants' original contract”—

It was determined in the affirmative,

Yeas, 23,

Nays, 13.

On motion by Mr. Haywood,

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

Those who voted in the affirmative, are,

Messrs. Barrow, Bates, Bayard, Choate, Clayton, Evans, Francis, Hanhogan, Henderson, Johnson, King, McDuffie, Miller, Pearce, Phelps, Porter, Rives, Sturgeon, Tallmadge, Upham, Walker, White, Woodbury.

Those who voted in the negative, are,

Messrs. Allen, Atchison, Bagby, Breese, Buchanan, Colquitt, Fairfield, Haywood, Mangum, Semple, Sevier, Tappan, Wright.

The bill, having been amended, was reported to the Senate, and the amendments were concurred in.

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

The Senate proceeded to Consider, as in Committee of the Whole, the bill (S. 7) relative to the office of surveyor general for the States of Ohio, Indiana, and Michigan; and

After debate,

On motion by Mr. Phelps,

The Senate adjourned.

WEDNESDAY, March 6, 1844. Link to Annals.

Mr. Semple presented a petition of citizens of Alton, Illinois, praying the completion of the Cumberland road; which was referred to the Committee on Roads and Canals.

Mr. Hannegan presented the petition of Seth M. Leavenworth, praying the payment of a balance due on a contract for carrying the mail; which was referred to the Committee on the Post Office and Post Roads.

Mr. Hannegan presented three memorials of citizens of the State of Indiana, praying a grant of land to aid in the completion of the Wabash and Erie canal; which were referred to the Committee on Public Lands.

Mr. Porter presented a petition of citizens of Jasper county, Michigan, praying the establishment of a mail route from Newburg to Jasper, in that State; which was referred to the Committee on the Post Office and Post Roads.

Mr. Crittenden presented two memorials, signed by the members of the Legislature of the State of Kentucky, praying a grant of land to the State of Indiana, to aid in the completion of the Wabash and Erie canal; which were referred to the Committee on Public Lands.

Mr. Archer presented a petition of citizens of Cumberland county, Virginia, praying that pensions may be granted to the widows and children of the officers and crew of the late United States schooner Grampus; which was referred to the Committee on Naval Affairs.

Mr. Archer presented the petition of J. F. Caldwell, praying to be indemnified for the damages which he sustained in consequence of an alteration (by the direction of the Postmaster General) in the manner stipulated by his written contract for carrying the mail; which was referred to the Committee on the Post Office and Post Roads.

Mr. Archer presented the petition of the heirs and legal representatives of Thomas G. Peachy, praying compensation for property destroyed by the enemy during the revolutionary war, while in the possession of continental troops; which was referred to the Committee on Revolutionary Claims.

Mr. Berrien presented the memorial of the Savannah Chamber of Commerce, praying a reduction of the rates of postage and a modification of the franking privilege; which was ordered to tie on the table, and be printed.

Mr. Crittenden presented the memorial of Rhodes Thomson, a revolutionary soldier, praying a pension; which was referred to the Committee on Pensions.

Mr. Crittenden presented a preamble and resolution, passed by the General Assembly of the State of Kentucky, in favor of a reduction of the rates of postage; which were read, and ordered to lie on the table.

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On motion by Mr. Bayard,

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

On motion by Mr. Bates,

Ordered , That the Committee on Pensions be discharged from the further consideration of the petition of James Low, and that it be referred to the Committee on Naval Affairs.

On motion by Mr. White,

Ordered , That the heirs of John B. Chandonai have leave to withdraw their petition and papers.

On motion by Mr. Crittenden,

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

Mr. Semple submitted the following resolution for consideration:

Resolved , That the Committee on the Judiciary be instructed to inquire into and report on the expediency of requiring the circuit and district courts within the district of Illinois to hold alternately the terms of said courts at Chicago and Springfield, in said State.

Mr. Woodbridge submitted the following resolution for consideration:

Resolved , That there be printed, for the use of the Senate,—copies of the House Document No. 296, 3d session 27th Congress.

Mr. Archer submitted the following resolution for consideration:

Resolved , That the Committee on Pensions be instructed to inquire into the expediency of transferring from the State to the War Department such of the papers purchased of Washington's heirs as constitute evidence of the service upon which claims to pensions are adjusted.

Mr. Phelps presented a series of resolutions, passed by the Senate and House of Representatives of the State of Vermont, on the subject of slavery and the annexation of Texas to the United States; and the following resolutions, being part of the series, were read:

“ Resolved by the Senate and House of Representatives , That we protest against any attempt for the annexation of Texas to this Union, as unconstitutional, and dangerous to the stability of the Union itself.

“ Resolved , That our Senators be instructed, and our Representatives in Congress be requested, to present the foregoing to their respective Houses, and use their best endeavors to carry out the foregoing principles.”

On motion by Mr. Phelps,

Ordered , That the foregoing resolutions lie on the table, and be printed.

The reception of the residue of the series being objected to,

Ordered , That the motion to receive the same lie on the table.

The following message was received from the President of the United St